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HomeMy WebLinkAbout2024.02.08 PCAPPLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING February 8, 2024 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2632 698 5044 Passcode: BCPC02082024 1. Call to Order — 7 p.m. 2. Roll Call 3. Approval of Agenda a. Motion to Approve Regular Meeting Agenda for February 8, 2024 4. Election of Planning Commission Chairperson for Year 2024 a. Motion/Second to Nominate Commissioner(s) to serve as Chairperson; b. Motion/Second to close all nominations; c. Conduct election; and d. Motion/Second to Accept the Results and Election of Chair for Year 2024. 5. Appointment of 2024 Vice-Chair by Planning Commission Chairperson 6. Chairperson’s Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 7. Planning Items a. Planning Commission Application No. 2024-001 (PUBLIC HEARING) Applicant | Property Owner: Totem Foods Inc Addresses | Property ID: 5501 Xerxes Avenue North | 03-118-21-44-0033 Summary: The Applicant and Property Owner is requesting review and consideration of a proposal to convert the former Big O Tires location, located at 5501 Xerxes Avenue North, to a State of Minnesota DVS vehicle inspection station. Upon review of the proposal, it was determined that approval of a conditional use permit (CUP) is required. PLANNING COMMISSION CITY OF BROOKLYN CENTER REGULAR MEETING February 8, 2024 Optional public access to the Webex meeting is below: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 2632 698 5044 Passcode: BCPC02082024 b. An Ordinance Adopting Comprehensive Amendments to Chapter 35 (Unified Development Ordinance) of the City Code of Ordinances (PUBLIC HEARING) Summary: The City of Brooklyn Center is requesting consideration of certain comprehensive amendments to Chapter 35 of the City Code of Ordinances, including: (1) the adoption and incorporation of the Crystal Airport Zoning Ordinance, (2) permit requirements for the placement of fences, (3) amendments to the use of commercial vehicles as an accessory use, (4) amendments to minimum width and depth requirements in the R1 and R2 zoning districts, (5) amendments to the definition of structure height and height requirements in the R1, R2, and R3 zoning districts, and the MRCCA Overlay District, (6) amendments to the density range for the R3 zoning district, (7) supplemental language regarding nonconforming structures and uses, (8) amendments to public notice sign requirements for public hearings, and (9) amendments to the allowed use table with regard to licensed day cares, licensed group family day cares, licensed residential facilities, and massage and sauna establishments. 8. Discussion Items a. 2024 Planning Commission Schedule and Upcoming Applications b. City of Brooklyn Center Business and Development Updates 9. Adjournment App. No. 2024-001 PC 02/08/2024 Page 1 Planning Commission Report Meeting Date: February 8, 2024 Application No. 2024-001 Applicant | Property Owner: Totem Foods Inc Location: 5501 Xerxes Avenue North, Brooklyn Center, MN 55430 Requests: Conditional Use Permit Map 1. Subject Property Location. Requested Action Totem Foods Incorporated (“the Applicant”) is requesting approval of a conditional use permit that would convert the former Big O Tires located at 5501 Xerxes Ave North “(the Subject Property”) into an inspection station for the State of Minnesota Department of Public Safety (DPS) and Division of Driver and Vehicle Services (DVS). The Subject Property is a one-story, approximately 8,250-square foot tire retail store that previously provided on-site installation services. The Applicant and Property Owner submitted this application on behalf of and in coordination with the proposed tenant (State of Minnesota Department of Public Safety), and assume a 10-year lease commitment. A public hearing notice for the conditional use permit request was published in the Brooklyn Center Sun Post on January 25, 2024—Refer to Exhibit B. Notifications were mailed to those physical addresses and •Application Filed: 01/09/2024 •Review Period (60-day) Deadline: 03/09/2024 •Extension Declared: No •Extended Review Period Deadline: App. No. 2024-001 PC 02/08/2024 Page 2 property owners located within a 350-foot radius of the Subject Property, and a copy of the public hearing notice was published to the City of Brooklyn Center website. Existing Conditions App. No. 2024-001 PC 02/08/2024 Page 3 Image 1. Existing Site Conditions at Subject Property. Background The Subject Property originally received site and building plan approval in 1966 under Planning Commission Application No. 66060 for what was originally a Goodyear automotive and tire shop, along with the neighboring Pearle Vision building located at 5515 Xerxes Avenue North, which was originally a Superette retail store. As originally contemplated, the Subject Property was to primarily serve as a tire retail store and installation center. The Subject Property is approximately 8,250 square feet and was originally approved with a total of 61 on-site surface parking spaces, and 10 interior bay spaces. Although the striping has deteriorated over the years, a survey conducted of the Subject Property in 2022 appears to show a revised configuration with 44 on-site surface spaces. The Subject Property is serviced on the west side by a private road, along with neighboring properties running between 55th Ave North and 56th Ave North, and on the east side by Xerxes Avenue North. The Subject Property has convenient access off Highway 100. The property has multiple curb cuts located off the west side of the property, adjacent to the private road, and one (1) curb cut off Xerxes Avenue North, which is shared with the neighboring Pearle Vision building. Per Planning Commission Application No. 66060, it appears the Superette (Pearle Vision) and former Goodyear (Subject Property) were to share an entrance onto Xerxes Avenue North rather than having two separate curb cuts. Both sites have additional curb cuts providing alternative ingress and egress to their respective properties. The Applicant purchased the property in May 2023, and with the abrupt closure of Big O Tires in the fall of 2023, the Subject Property has remained vacant since. The State of Minnesota Department of Public Safety (DPS) approached City staff in late October regarding the potential reuse of the former Big O Tires, which closed last year, to a state vehicle inspection location. As proposed, the State would enter into a 10-year lease agreement with Applicant and Property Owner Totem Foods, Inc. The State has operated this program since 1989 and has various locations around the state and are seeking to expand their presence across the Twin Cities metro and throughout greater Minnesota. DVS employees carry out vehicle re-certification inspections on prior salvage (totaled) vehicles that have been fully repaired, ensuring vehicles are roadworthy and that all parts were obtained legally. DVS indicated that no repairs would take place on site of the Subject Property and the existing hoists would be removed. The State of Minnesota DPS further indicated that approximately 80% of the vehicles inspected at their sites come from auto dealers and all inspections are scheduled in advance online. In discussing the proposed use with City staff, City staff determined that the closest “use” under the City’s App. No. 2024-001 PC 02/08/2024 Page 4 Unified Development Ordinance (UDO) was likely that of an, “automobile and truck repair and service station,” which are permitted as a conditional use in the Commercial Mixed-Use (MX-C) District where the Subject Property is located. Although the building occupying the Subject Property today was originally constructed in 1966 as a Goodyear tire and auto shop and would have historically required issuance of a special use permit, City staff indicated that they did not see a path forward for reuse of a use permit as the proposed use and overall functionality of the inspection location differs from that of an auto shop. The City’s Unified Development Ordinance notes that, “if a use is not listed, it shall be considered a Prohibited Use, unless the City Council determines that the use is substantially similar in nature and potential impacts on the surrounding community as an existing use in the use table” are addressed. Given this, City staff brought the proposal for the Subject Property to the January 8, 2024 City Council meeting for a concept review. During the work session, City staff provided a brief presentation on the proposal and use, along with high level renderings of the proposed re-cladding of the building, a high-level circulation layout for the queuing of vehicles, and a narrative from the State of Minnesota Department of Public Safety regarding the proposed use and operations at the Subject Property. Although concept reviews are considered non-binding, the Councilmembers appeared to show general support for the proposal. Site Data: 2040 Land Use Plan: Transit-Oriented Development (TOD) Neighborhood: Centennial Current Zoning: Commercial Mixed-Use (MX-C) Site Area: Approximately 1.06 acres Surrounding Area: Direction 2040 Land Use Plan Zoning Existing Land Use North Transit Oriented Development (TOD) MX-C (Commercial Mixed- Use) District Commercial (Pearle Vision) South Transit Oriented Development (TOD) MX-C (Commercial Mixed- Use) District Commercial (Firestone| Arby’s) East Transit Oriented Development (TOD) PUD/C2 (Planned Unit Development/Commercial) District Commercial (Future Pollo Campero) West Transit Oriented Development (TOD) MX-C (Commercial Mixed- Use) District Commercial (Falafel King) REQUEST Conditional Use Permit As previously stated, the State of Minnesota Department of Public Safety (DPS) approached City staff in late October regarding the potential reuse of the former Big O Tires to a state vehicle inspection location. During these initial discussions, the State of Minnesota indicated an interest in the Subject Property for its convenient and visible location and the desire to rebrand with a more “retail look” than other existing inspection station locations, which might be perceived as more industrial in nature. During initial conversations with the representatives of the Property Owner and the State of Minnesota, App. No. 2024-001 PC 02/08/2024 Page 5 concerns were expressed as to the overall fit of the use, the potential queuing of vehicles in the City right- of-way (Xerxes Avenue North) and blocking of the Metro Transit Bus Rapid Transit (BRT) route, blocking of traffic along the private road to the west, the industrial feel of the use given other locations, concerns with the potential for buses and recreational vehicles to be inspected on-site (parking lot), and the overall state of the building and property. It was through these discussions that the Applicant and Property Owner engaged with an architect (10K Architecture, PLLC) and a commercial real estate development firm (Launch Properties), and in coordination with the State of Minnesota, to pull together a plan to address deficiencies with the property (i.e. lighting, building and site conditions), and provide a clear proposal for how the use would be symbiotic with neighboring retail uses and not cause queuing issues in the public and private streets. Conditional use permits, as outlined under Section 35-7700, are those uses which have been identified, because of their nature, operation, location, special requirements or characteristics, and that may only be allowed in a particular zoning district after submittal of an application, review, and recommendation by the Planning Commission, and approval by the City Council. The conditional use permit process regulates: the location, magnitude, and design of conditional uses consistent with the 2040 Comprehensive Plan, and the regulations, purposes, and procedures of this Unified Development Ordinance (UDO). A conditional use permit may not be granted by the City Council unless the following criteria have been satisfied (Note: Applicant responses are transcribed from the submitted narrative—Exhibit A): a.The conditional use will be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO. Applicant Response: The use will be in the MX-C: Commercial Mixed-Use zoning district. It will be in accordance with the general objectives of the City’s Comprehensive Plan in that it will help provide a stable business for an unoccupied site. This will keep the site in good condition and help keep it and the surrounding area attractive, clean and safe. City Staff Response (Finding): As noted above, the Subject Property is located within the City’s Commercial Mixed-Use (MX-C) District, and is future guided as Transit-Oriented Development (TOD) under the City’s 2040 Comprehensive Plan. The MX-C zoning district and future land use designation of TOD are brand new to the City as of 2023 and 2019, respectively. The Subject Property contains an existing building with no plans for building expansion, which minimizes potential opportunities to address some of the desires for new pedestrian ways and creation of a safe pedestrian network. Although the Subject Property is located along the Metro Transit Bus Rapid Transit (BRT) line along Xerxes Avenue North and 55th Avenue North, the site itself, as it stands, does not necessarily fit as a transit-minded development. The 2040 Comprehensive Plan does acknowledge that, “even though the City is supportive and planning for redevelopment, it is also possible that some of these areas will not redevelop within this planning period.” The proposal would bring life back to the currently vacant Subject Property and address one of the City’s 2040 Community Image, Economic Competitiveness & Stability Goals App. No. 2024-001 PC 02/08/2024 Page 6 in promoting, “Brooklyn Center as an exceptional place for businesses, visitors, and residents, both existing and new, because of its locational advantage and accessibility within the region.” As the service provided by the State of Minnesota will bring visitors to the City for a service, there may be additional benefits and visits made to neighboring businesses. With respect to the Subject Property’s zoning designation (Commercial Mixed-Use or MX-C), the purpose of the MX-C District is to, “accommodate a hybrid urban form of commercial, office, retail, service, and residential uses. This designation is intended primarily for areas adjacent to the TOD (zoning district), and is planned to have a more significant proportion of land use designated for commercial, office, retail, and service uses, with supporting residential uses.” While City staff would have supported opportunities to create greater pedestrian connections, the placement of the building in the center of the site, paired with the existing parking lot configuration and near 100% impervious site make it difficult to achieve without potentially contemplating a complete redevelopment of the Subject Property. It is in City staff’s opinion that this seems wasteful if there are opportunities to repurpose the building and extend the building’s life. b.The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Applicant Response: The use promotes and enhances the general public welfare in that the inspections done are for the purpose of ensuring parts installed on vehicles were legally purchased. This acts as a deterrence against theft of autos and parts. It will also bring stable occupancy to the site. This will help keep the property in good condition and prevent it from becoming an eyesore. This will also help keep the area more secure and be less inviting to crime. City Staff Response (Finding): City staff initially expressed concerns regarding the deterioration of the building and property, and the seemingly industrial nature of the use at other inspection station locations in Minnesota. During a meeting with the State of Minnesota Department of Public Safety and Property Owner representatives, City staff addressed the condition of the exterior and brickwork, trash enclosure, and site lighting, which City staff noted as having been stripped of wiring and seemingly non-functional. Further concerns were outlined regarding the site which is almost entirely impervious (pavement), and the potential for landscaping, where possible. Following the meeting, the Applicant and Property Owner engaged with an architect who has since provided renderings to address the deterioration of the building as well as modernization, given it was constructed in 1966. While the submitted request does not trigger the need for a minor or major site and building plan amendment under Section 35-7600, City staff requested draft copies be provided for review and as supplemental information for addressing the conditional use permit criteria questions as outlined under Section 35-7700. Copies of these preliminary plans are included for reference under Exhibit A. The Applicant also notes plans to replace the existing site lighting and has provided a photometric plan with lighting specifications for review. As always, any proposed alterations and replacements will need to meet City Code requirements as outlined under Chapter 35 (Unified Development App. No. 2024-001 PC 02/08/2024 Page 7 Ordinance) for proposed building materials and exterior lighting. City staff further requested plans that would clearly detail the proposed on-site circulation for the use. The State of Minnesota has indicated plans to create one-way flow through the site given the double door bays, and propose installation of on-site directional signage (e.g. “Do Not Enter”). Vehicles would enter off Xerxes Avenue North for queuing purposes. Once a vehicle inspection is complete, vehicles would exit through the second bay door and out to the private road located on the west side of the property. The State of Minnesota noted that there are no plans to store any customer vehicles on site, although they noted plans to store some state vehicles within the bays during non-business hours. City staff re-iterated at numerous points throughout these discussions that in no way can any vehicles obstruct City sidewalks, City right-of-way, or the path of travel along the private road. c.The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. Applicant Response: The use will not be injurious to the use and enjoyment of other properties, nor will it diminish their value. Having an occupied site helps maintain values and create synergy for adjacent businesses. The automotive inspection use of the site will be less impactful than traditional automotive uses that have operated there. Repairs will not be done at the site, so there will not be noise related with repairs. There will be no vehicle parts/tires stored at the site. Other than a couple State vehicles that would be parked inside overnight, no vehicles would be stored at the site. City Staff Response (Finding): City staff initially outlined concerns early on regarding the lack of proposed improvements to the Subject Property and the more “industrial nature” of other inspection station locations. City staff further inquired on how the proposed use would complement surrounding businesses. In response, the Applicant provided a narrative that noted the, “intent is to be in a location that has more of a retail look and accessibility rather than industrial. This is for better customer service in perception and accessibility. This location accomplishes those objectives.” As stated above, the Applicant and Property Owner worked with an architect to propose a re- cladding of the building. They have also engaged with a lighting contractor and provided lighting specifications and a photometric plan to address the site lighting, with is no longer functional. While the State initially indicated that semis, buses, and recreational vehicles were sometimes scheduled for inspections at these stations, the State later noted that these types of vehicles would not be inspected at this location, and that this location would solely serve passenger-type vehicles. City staff had initially expressed concerns about these inspections due to the size of vehicles, the proposed queuing path for vehicles, and the fact that these types of vehicles would need to be inspected in the parking lot as they would not fit through the bay doors. d.The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Applicant Response: The State’s intended use will not impede development. There is nothing with App. No. 2024-001 PC 02/08/2024 Page 8 the use that restricts surrounding uses and/or development. It is less impactful than an automotive repair shop or tire shop. City Staff Response (Finding): The area surrounding the Subject Property is developed. The only properties that are currently looking to be developed or redeveloped are located across Xerxes Avenue North and to the east of the Subject Property. City staff expressed concerns early in the process regarding the proposed circulation on-site and queuing. The State of Minnesota noted that they do not accept walk-in appointments and only schedule using their online appointment system. As noted previously, they intend to circulate traffic from the east side of the site (Xerxes Avenue North), into a bay, and then out onto the private road located to the west of the property (private road). As proposed, the inspection station would be open Monday though Friday from 8 a.m. to 5 p.m. e.Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Applicant Response: Adequate measures are/will be in place to minimize traffic congestion. For the most part, traffic will flow in the front of the property and out the back. This primarily one- way flow helps minimize opposing traffic coming in and out of the site, and it also decreases the amount of traffic going directly to Xerxes. There is plenty of parking and space at the site for the use. This site will not be conducting inspections of large vehicles such as semis and RVs. City Staff Response (Finding): Based on the provided narrative, the traffic flow enters on the east and exits on the westerly side of the property onto a private road. This road provides access to a number of other businesses, including Falafel King, Starbucks, Pearle Vision, 50s Grill, etc. The curb cut along Xerxes Avenue North is a shared entry between Pearle Vision and the Subject Property, but there is clear parcel delineation. Although the Subject Property and neighboring Pearle Vision (5515 Xerxes Avenue North) were approved under Planning Commission Application No. 66060 with this shared entry, City staff was unable to identify any recorded agreements for the shared access and parking. The Applicant and Property Owner should coordinate with the neighboring owner to ensure any necessary agreements are in place. Image 2. Proposed on-site circulation for Subject Property. City Staff asked the State to provide a diagram noting the proposed traffic flow on-site. The App. No. 2024-001 PC 02/08/2024 Page 9 Applicant provided detailed marked circulation with traffic moving from east to west—refer to Image 2 above. As part of City staff’s review, it was noted in the provided documentation that the State of Minnesota estimated a maximum of 15 vehicles per hour, with each inspection typically taking 20 minutes to complete. Assuming an automobile service center of similar size, the peak hour traffic count would be between 35-55 cars. With the presented maximum of 15 cars per hour, this would potentially result in a 40% reduction in traffic from the previous use of the Subject Property. As there are five (5) bay doors, this would allow for up to three (3) vehicle inspections per bay per hour. Under Planning Commission Application No. 66060, which contemplated a Goodyear tire shop and Superette (5515 Xerxes Avenue North), a total of 106 parking spaces were required between the two properties; however, in reviewing the parking calculations and parking calculations required for the uses, it was determined that these sites were substantially overparked when calculating under the City’s current parking standards. Although the approvals under Planning Commission Application No. 66060 required some parking for the adjacent property (5515 Xerxes Avenue North) on the Subject Property, a calculation using today’s City parking requirement calculations would deem this unnecessary. Parking Calculations + Requirements Subject Property (5501 Xerxes Avenue North) Adjacent Property (5515 Xerxes Avenue North) PC Application No. 66060 (1966) Automobile Service/Bays 20 Retail Store 41 34 Total Parking (1966): 61 PC Application No. 2024-001 (2024) Automobile Service/Bays 18 Other Retail Stores or Centers 13 11 Total Parking (2024): 31 11 Table 1. Parking Requirement Comparisons of Subject Property and Adjacent Property (PC Application No. 66060) to Today’s City Parking Requirements for Use. The calculations noted in above Table 1 assume 6 full-time employees for the proposed State of Minnesota vehicle inspection station for the Subject Property located at 5501 Xerxes Avenue North. The “automobile service stations” calculation assumes: Given the proposed use was considered “unlisted,” but with a closest “use” of an automobile service station, City staff also considered the following provision under Section 35-5506 (Required Parking Spaces): With respect to the retail component, Chapter 35 (Unified Development Ordinance) notes the following for retail locations under 10,000-square feet in size: App. No. 2024-001 PC 02/08/2024 Page 10 As mentioned previously in the report, there are no plans to store customer vehicles on-site as no repairs are being conducted and the repairs being inspected have already been repaired. The only vehicles the State of Minnesota indicated may be stored on-site are state vehicles, which would be stored within the bays during non-business hours. As no “retail” sales would be occurring at the Subject Property, the existing retail area would serve more as a waiting room for customers. f.Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Applicant Response: Given that there will be no automotive repairs that will occur at the site, there will be no noise that a traditional automotive repair shop might have. It is intended to be roughly an 8 am – 5 pm business operation, Monday – Friday, and existing exterior lighting will be repaired by the owner of the property. All of these mitigate negative impacts on nearby uses. City Staff Response (Finding): The Applicant and Property Owner has made strides to provide modifications to the Subject Property that will bring the property into substantial compliance with respect to site lighting. This alone will help mitigate potentially negative impacts on nearby users as none of the site lighting appears to be operational currently. As no automotive repairs will take place on-site, City staff believes the proposed use will be a lesser intensity use than the previous users (i.e. Big O Tires, Goodyear), and any noise will likely be minimal. g.The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Applicant Response: There are no known regulations with which the use would not be complying. City Staff Response (Finding): With respect to the City’s current Chapter 35 (Unified Development Ordinance) regulations, there are no plans to expand the non-conforming building. The Applicant and Property Owner intends to renovate the 1966 building to serve a new long-term tenant and address non-compliance issues (e.g. non-functional/code compliant site lighting, faded private stop sign off Xerxes Avenue North, lack of striping, address existing trash enclosure). Although City staff would appreciate any opportunities to meet current standards under the City’s Unified Development Ordinance, such as the provision of landscaping and better pedestrian connections, a reduction of impervious surfacing, and relocation of the building, these requests would ultimately result in other implications (e.g. meeting current Shingle Creek/West Mississippi App. No. 2024-001 PC 02/08/2024 Page 11 Watershed Commission requirements, complete redevelopment, etc.). Assistant City Engineer’s Review As addressed in the above criteria, Assistant City Engineer James Soltis reviewed the proposal, which contemplates no more than 15 appointments per hour. As a typical automobile service center of this size would have a peak hourly traffic of between 35-55 cars, the proposal represents a potential 40% reduction in traffic from the previous use of the Subject Property. Upon an initial review, City Engineering staff did not see any major issues relating to potential traffic coming on and off this site and given the proposed use. With respect to erosion control, the submitted narrative does not discuss potential areas of site disturbance. As such, this would be reviewed as part of the building permit process. City Code requires ground disturbance of greater than 10,000-square feet to have an approved erosion control plan in place and issuance of a City land disturbance permit. Any disturbance greater than 0.5 acres would require the incorporation of permanent water quality best management practices (BMPs) to meet Shingle Creek Watershed Commission standards. Building Official Review Building Official Dan Grinsteinner conducted a cursory review of the proposed reuse of the former Big O Tires site at 5501 Xerxes Avenue North and for the intended use as a State of Minnesota vehicle inspection station. Given the re-classification of the building (refer to Exhibit C), it is anticipated the building will require installation of a fire sprinkler system. Additionally, a Metropolitan Council SAC (Sewer Availability Charge) determination for the change of use shall be submitted prior to issuance of any permits. ANTICIPATED PERMITTING AND CONDITIONS Following a review of the submittal materials and the request, City staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2024-001 for the Subject Property located at 5501 Xerxes Avenue North and approval of a conditional use permit to operate a State of Minnesota Department of Public Safety and Division of Driver and Vehicle Services inspection station: 1.Any major changes or modifications made to the previously approved site and building plan, and as outlined within the City Code, can only be made by an amendment to the approved site and building plan as approved by the City Council. i.Applicant and Property Owner shall work with City staff to address exterior modifications to the building that meet City Code requirements with respect to building materials in accordance with 35-5203 (Building Materials). ii.Applicant and Property Owner shall work with City staff to provide exterior site lighting in accordance with Section 35-5400 (Exterior Lighting). iii.Applicant and Property Owner shall work with City staff to re-stripe the surface parking lot as necessary to provide sufficient parking for the use, clear circulation, and on-site directional signage to minimize confusion by customers. 2.Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits, and with respect to the cursory review comments provided in the Building Official’s memorandum dated February 2, 2024. 3.The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site plan approval and with respect to the proposed modifications to the building. App. No. 2024-001 PC 02/08/2024 Page 12 i.A fire sprinkler system is required to be installed and shall be maintained on a consistent basis per City Code requirements. 4.A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and any associated fees paid at time of any permit issuance. 5.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and a detail sheet provided. 6.The Applicant shall work with the adjacent property owner located at 5515 Xerxes Avenue North to determine necessity of or amendment to a shared access agreement for the driveway access off Xerxes Avenue North. 7.The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35-7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy of the City Council resolution approving the requested conditional use permit, along with a legal description of the Subject Property for which the permit was issued, and list of any conditions set forth by City Council as a condition of said conditional use permit. A certified copy shall be recorded by the Applicant with the Hennepin County Recorder- Registrar of Titles within 60 days of approval of said resolution. i.Issuance of a conditional use permit for the Subject Property shall be limited to the inspection of passenger type motor vehicles and the operator shall not conduct inspections of larger vehicles (e.g. semis, recreational vehicles, buses). 8.The Applicant shall ensure appointments are scheduled so as to avoid blocking the shared driveway (Xerxes Avenue North), adjacent private road, public sidewalks, or queuing vehicles in the City right-of-way. Should any of the aforementioned issues arise, City staff may request a review of its on-site operations and spacing of appointment windows. 9.The Applicant shall submit a Sign Permit Application for any proposed new or replacement signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. i.Any proposed on-site directional signage shall be submitted for review and approval by City staff in advance of install. RECOMMENDATION Based on the above-noted findings, Planning Staff recommends the Planning Commission recommends City Council approval of Planning Commission Application No. 2024-001 for approval of a conditional use permit (CUP) for the Subject Property located at 5501 Xerxes Avenue North for a State of Minnesota Department of Vehicle Services (DVS) inspection station, subject to the Applicant complying with the Approval Conditions. ATTACHMENTS Exhibit A – Planning Commission Application No. 2024-001 Plans and Documents, submitted January 9, 2024, and last revised January 18, 2024. Exhibit B – Public Hearing Notice, submitted for publication in the Brooklyn Center Sun Post, and dated January 25, 2024. Exhibit C – Review Memorandum, prepared by Building Official Dan Grinsteinner, and last revised February 2, 2024. City of Brooklyn Center Narrative for the State of Minnesota Department of Public Safety, Vehicle Inspections 5501 Xerxes Avenue North, Brooklyn Center The State of Minnesota Department of Public Safety, Driver and Vehicle Services (DVS) - Vehicle Inspections will use the site to provide legal inspections to auto dealers and individuals who have reconstructed and repaired vehicles. This involves the inspection of vehicles and the visual inspection of parts that were used in the repaired vehicles. The inspections will be carried out by DVS employees, and visual inspections will be done in bays that are normally used for the repair of vehicles. This location is an ideal site for DVS because of its previous use as an auto shop and the existing bays onsite can be used by DVS to pull cars into bays for inspection. Additionally, the existing bays are drive-through, which allows for safer one-way traffic with the clients and the surrounding area. By inspecting fully repaired vehicles, DVS can validate that parts were obtained legally and update the branding within our systems. Inspections are carried out by DVS employees, and approximately 80% of those visiting a vehicle inspection station are auto dealers with whom DVS has a working relationship. All visits are scheduled with the intent of not having queuing lines at the site. The intent is to be in a location that has more of a retail look and accessibility rather than industrial. This is for better customer service in perception and accessibility. This location accomplishes those objectives. Regarding Section 35-7703 conditional use permit criteria, here is how the criteria will be met. a.The use will be in accordance with the general objectives, or with any specific objective, of the City’s Comprehensive Plan and this UDO (Unified Development Ordinance). The use will be in the MX-C: Commercial Mixed-Use zoning district. It will be in accordance with the general objectives of the City’s Comprehensive Plan in that it will help provide a stable business for an unoccupied site. This will keep the site in good condition and help keep it and the surrounding area attractive, clean and safe. b.The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The use promotes and enhances the general public welfare in that the inspections done are for the purpose of ensuring parts installed on vehicles were legally purchased. This acts as a deterrence against theft of autos and parts. It will also bring stable occupancy to the site. This will help keep the property in good condition and prevent it from becoming an eyesore. This will also help keep the area more secure and be less inviting to crime. Exhibit A c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The use will not be injurious to the use and enjoyment of other properties, nor will it diminish their value. Having an occupied site helps maintain values and create synergy for adjacent businesses. The automotive inspection use of the site will be less impactful than traditional automotive uses that have operated there. Repairs will not be done at the site, so there will not be noise related with repairs. There will be no vehicle parts/tires stored at the site. Other than a couple State vehicles that would be parked inside overnight, no vehicles would be stored at the site. d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The State’s intended use will not impede development. There is nothing with the use that restricts surrounding uses and/or development. It is less impactful than an automotive repair shop or tire shop. e. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Adequate measures are/will be in place to minimize traffic congestion. For the most part, traffic will flow in the front of the property and out the back. This primarily one-way flow helps minimize opposing traffic coming in and out of the site, and it also decreases the amount of traffic going directly to Xerxes. There is plenty of parking and space at the site for the use. This site will not be conducting inspections of large vehicles such as semis and RVs. f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses. Given that there will be no automotive repairs that will occur at the site, there will be no noise that a traditional automotive repair shop might have. It is intended to be roughly an 8 am – 5 pm business operation, Monday – Friday, and existing exterior lighting will be repaired by the owner of the property. All of these mitigate negative impacts on nearby uses. g. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. There are no known regulations with which the use would not be complying. Narrative: 5501 Xerxes Ave. N. Proposed Vehicle Inspection Service Location Purpose The purpose of the Vehicle Inspection Service is to provide convenient,clean, safe, easy-to-use, easy- to-find, vehicle re-certification inspections for the general public and professionals for their repaired vehicles to get back on the road, for private use or for sale after having been previously designated as “total losses” by an insurance company. Aerial of Existing Vacant Site Current Condition Zoning Renderings Renderings Renderings General Information Hours of Operation: Monday –Friday 8am –5pm Full-Time Employees: 6 Par t-Time Employees: 0 Lease Commitment:10 Years Inspection Bays:5 Advance Appointments Required: Yes Fee: $35.00 FAQ’s Q. How long does each appointment take? A. Approximately 20 minutes Q. How many appointments per hour?A. Up to 15 maximum Q. Why are cars being inspected?A. They have been declared “Totaled” by an insurance company andthen repaired. A successful inspection prepares the car for sale or use. Q. What condition are the cars being inspected?A. Generally Spotless. Clean. Like-new. Q. What is typical “totaled” damage that can be repaired?A. Common repaired damage is:Hail Damage and Air BagDeployment. FAQ’s Q. Who is driving the vehicle in?A. Employees from car dealerships (appx 80%) and private owners from the general public (appx. 20%). Q. When did the State of Minnesota start this service?A. 1989. Q. Why do you want to be at this location?A. We want an easy-to-find, convenient, safe, clean location in and amongst the community for our customers. Not hidden. We want a location in the western metro and this facility has everything we need Q. Will stolen vehicles be coming through here?A. No. The vehicles have a prior documented history. Benefits for City and Community Affordable cars for underrepresented people. Helps vehicle supply chain. No parked or stored vehicles. Helps small auto dealers compete. No car stacking. Controlled customer flow. Positive experience with Department of Public Safety. Brings Activity and new visitors to the area. Traffic Flow Survey The Development Team Architect: 10K Architecture Civil Engineer:Kimley -Horn General Contractor: Rochon Project Management:Launch Properties Property Management: Summerhill Commercial Real Estate Brokers:Avison &Young Financing: Sunrise Bank Tenant:State of Minnesota Department of Public Safety Owner: Totem Foods Inc. Narrative Conclusion The Development Team is excited to bring forth this new concept and we look forward to your support with these main benefits in mind: •Process provides affordable vehicles to the market. •Brings clean, safe activity to the area. •Stable, long-term tenant. •Highlight 4: Vehicle Inspection Facility - 5501 Xerxes, Brooklyn Center Date Issued: 01.09.24 Vehicle Inspection Facility - 5501 Xerxes, Brooklyn Center Date Issued: 01.09.24 0'-0" T.O. Conc Slab +/- 10'-0" T.O. Garage Doors West Elevation 3/16" = 1'-0" New metal canopy to match storefront +/- 16'-0" T.O. Parapet +/- 18'-0" T.O. New Parapet Vehicle Inspection Facility - 5501 Xerxes, Brooklyn Center Date Issued: 01.09.24 South Elevation 3/16" = 1'-0" East Elevation 3/16" = 1'-0" West Elevation 3/16" = 1'-0" New dark bronze metal coping New EIFS over existing brick, Dryvit "Anthracite Coal" or similar Paint existing steel column to match garage doors Existing aluminum garage doorsNew wood-look composite siding, Nichiha Vintagewood "Spruce" or similar New wood-look composite siding, Nichiha Vintagewood "Spruce" or similar New dark bronze metal coping New EIFS over existing brick, Dryvit "Anthracite Coal" or similar New EIFS over existing brick, Dryvit "Dawn Gray" or similar New EIFS over existing brick, Dryvit "Dawn Gray" or similar New EIFS over existing brick, Dryvit "Anthracite Gray" or similar New EIFS over existing brick, Dryvit "Dawn Gray" or similar New EIFS over existing brick, Dryvit "Anthracite Coal" or similar New wood-look composite siding, Nichiha Vintagewood "Spruce" or similar Paint existing steel column to match garage doors Existing garage doors New EIFS over existing brick, Dryvit "Dawn Gray" or similar Replace existing roof structure and install new roof Existing overhead garage door New wood-look composite siding, Nichiha Vintagewood "Spruce" or similar New EIFS over existing brick, Dryvit "Anthracite Coal" or similar Extend existing parapet up New anodized aluminum storefront 0'-0" T.O. Conc Slab +/- 16'-0" T.O. Parapet +/- 18'-0" T.O. New Parapet 0'-0" T.O. Conc Slab +/- 10'-0" T.O. Garage Doors +/- 16'-0" T.O. Parapet 0'-0" T.O. Conc Slab +/- 10'-0" T.O. Garage Doors +/- 16'-0" T.O. Parapet +/- 18'-0" T.O. New Parapet V i s u a l L i g h t i n g S o f t w a r e Designer Amber Forester Date 01/11/2024 Scale Not to Scale Drawing No. L1 Summary LIGHTING CALCULATIONS 1 of 1 0.6 0.7 0.8 0.6 0.6 0.6 0.8 0.9 1.0 0.8 0.7 5.0 7.8 1.3 0.8 0.7 0.6 0.7 0.7 0.8 0.8 0.9 1.1 1.3 1.2 2.0 2.4 5.9 2.2 0.9 0.8 5.0 1.8 0.9 0.8 0.7 0.8 0.9 0.9 1.0 1.1 1.2 1.4 1.6 3.2 3.6 3.9 3.2 1.6 1.7 2.1 9.5 7.6 0.7 3.3 1.0 0.8 0.8 0.8 0.9 1.0 1.2 1.2 1.2 1.3 1.7 1.0 1.4 1.9 2.2 2.1 2.4 3.0 4.0 5.0 5.1 1.5 1.5 1.9 8.0 5.6 1.2 0.9 0.8 0.8 0.9 1.0 1.1 1.1 1.1 1.2 1.5 1.6 0.7 0.7 0.8 1.0 1.2 1.5 1.8 2.0 2.0 1.9 2.3 3.4 5.3 6.7 6.8 1.3 1.5 1.9 6.4 8.0 1.4 0.9 0.8 0.8 0.9 1.0 1.1 1.1 1.0 1.1 1.3 1.9 0.8 0.8 0.8 0.8 0.8 0.8 0.9 1.0 1.2 1.4 1.7 1.8 2.0 2.1 2.2 2.4 3.6 6.6 9.1 1.3 12.7 1.9 1.0 0.8 0.8 0.9 1.0 1.1 1.2 1.0 1.0 1.1 1.9 1.1 1.0 1.0 1.0 1.0 1.0 0.9 0.9 0.9 0.9 0.9 1.0 1.0 1.2 1.4 1.6 1.8 1.9 2.1 2.4 2.5 2.8 4.1 7.1 10.6 8.0 2.7 1.1 0.9 0.8 0.9 1.0 1.2 1.3 1.1 1.1 1.1 1.7 1.5 1.4 1.3 1.3 1.3 1.2 1.2 1.1 1.0 1.0 1.0 1.1 1.1 1.2 1.4 1.6 1.8 2.0 2.2 2.5 2.7 2.8 3.1 4.4 7.5 11.2 15.6 3.3 1.2 1.0 0.9 0.9 1.0 1.2 1.3 1.1 1.0 1.0 1.5 1.9 1.7 1.6 1.6 1.6 1.5 1.3 1.1 1.1 1.1 1.1 1.2 1.3 1.5 1.7 1.9 2.1 2.4 2.7 2.9 3.1 3.2 3.4 4.6 7.7 11.6 13.9 13.0 5.8 1.4 1.0 0.9 0.9 0.9 1.1 1.1 1.1 1.0 1.1 1.4 1.7 2.3 2.0 1.9 2.0 1.9 1.6 1.4 1.2 1.2 1.2 1.3 1.4 1.6 1.8 2.0 2.3 2.6 2.8 3.1 3.2 3.3 3.4 3.4 4.3 7.0 10.6 14.7 15.4 9.0 1.5 1.0 0.9 0.8 0.9 1.0 1.1 1.1 1.1 1.2 1.4 1.7 2.3 2.2 2.3 2.1 1.7 1.5 1.3 1.3 1.3 1.4 1.6 1.8 2.1 2.3 2.6 2.9 3.0 3.2 3.4 3.5 3.4 3.1 3.9 6.1 9.2 14.2 1.9 1.1 0.9 0.8 0.9 0.9 1.1 1.2 1.2 1.3 1.5 1.7 2.5 2.3 2.4 2.3 1.9 1.7 1.5 1.3 1.3 1.5 1.7 1.9 2.1 2.5 2.8 2.9 2.7 2.9 3.4 3.4 3.1 2.7 3.3 5.0 7.9 18.5 2.5 1.2 0.9 0.8 0.9 0.9 1.1 1.2 1.2 1.2 1.4 1.5 2.7 2.4 2.5 2.5 2.1 1.8 1.5 1.4 1.3 1.5 1.6 1.7 2.0 2.5 2.8 2.7 2.5 2.6 3.1 3.2 2.9 3.4 1.2 1.0 0.9 0.9 0.9 1.0 1.1 1.1 1.1 1.2 1.2 3.1 2.4 2.6 2.6 2.4 2.1 1.7 1.4 1.3 1.4 1.5 1.6 1.8 2.3 2.6 2.5 5.5 1.4 1.1 0.9 0.9 0.9 1.0 1.0 1.0 1.0 1.1 1.1 0.7 3.5 2.4 2.8 2.8 2.5 2.1 1.7 1.4 1.1 1.0 0.9 0.9 0.9 8.6 1.6 1.1 0.9 0.9 0.9 0.9 0.9 0.9 0.9 1.0 1.0 0.7 2.5 2.4 2.7 2.5 2.1 1.7 1.4 1.2 1.0 0.9 0.9 0.8 13.8 2.0 1.2 1.0 0.9 0.8 0.8 0.8 0.8 0.9 1.0 1.0 0.7 2.8 2.4 2.5 2.4 2.0 1.7 1.4 1.2 1.1 1.0 0.9 0.9 0.8 20.3 2.7 1.3 1.0 0.9 0.8 0.8 0.8 0.8 0.9 1.0 1.0 0.8 3.0 2.4 2.5 2.4 2.1 1.7 1.4 1.2 1.1 1.0 0.9 0.9 0.9 3.5 1.3 1.1 0.9 0.8 0.8 0.8 0.8 0.9 1.1 1.1 1.0 3.2 2.5 2.3 2.3 2.1 1.8 1.5 1.3 1.2 1.1 1.0 1.0 1.0 5.1 1.5 1.1 0.9 0.9 0.9 0.9 0.9 1.0 1.1 1.3 1.3 2.7 2.5 2.2 2.1 1.9 1.7 1.5 1.3 1.2 1.1 1.1 1.1 1.0 7.6 1.6 1.1 0.9 0.9 0.9 1.0 1.1 1.1 1.2 1.4 1.6 1.0 2.4 2.1 1.8 1.7 1.6 1.5 1.3 1.2 1.2 1.1 1.1 1.1 12.3 1.8 1.1 1.0 0.9 0.9 1.1 1.2 1.2 1.3 1.3 1.6 1.5 2.3 2.0 1.8 1.5 1.4 1.4 1.3 1.3 1.2 1.1 1.1 1.1 1.1 16.4 2.1 1.1 0.9 0.9 0.9 1.0 1.1 1.2 1.2 1.2 1.4 1.8 1.9 1.9 1.7 1.5 1.3 1.3 1.3 1.3 1.2 1.2 1.1 1.1 1.0 2.8 3.2 6.4 2.6 1.1 0.9 0.9 0.9 1.0 1.1 1.1 1.1 1.1 1.2 1.8 1.7 1.8 1.7 1.5 1.3 1.3 1.3 1.3 1.2 1.2 1.2 1.0 1.0 2.7 3.0 2.9 2.5 2.4 2.9 3.3 5.7 3.9 1.2 1.1 0.9 0.9 1.0 1.1 1.2 1.0 1.0 1.1 1.7 1.6 1.8 1.6 1.5 1.4 1.3 1.3 1.3 1.2 1.1 1.1 1.1 1.1 2.1 3.0 3.0 2.6 2.5 2.9 3.2 3.2 2.8 2.7 3.2 3.2 5.2 6.1 1.5 1.1 0.9 0.9 1.0 1.1 1.2 1.2 1.0 1.1 1.4 1.9 1.7 1.8 1.7 1.5 1.5 1.4 1.4 1.3 1.2 1.1 1.0 1.8 2.0 2.5 3.2 3.2 3.0 2.7 3.0 3.2 3.4 3.3 3.2 3.2 3.0 4.5 8.4 1.5 1.1 0.9 0.9 1.0 1.1 1.3 1.2 1.0 1.0 1.3 1.9 1.9 1.8 1.7 1.7 1.6 1.4 1.4 1.3 1.4 1.6 1.8 2.0 2.5 2.9 3.1 3.1 3.2 3.3 3.3 3.2 3.2 3.1 3.0 2.8 3.7 12.0 10.7 1.6 1.0 0.9 0.9 0.9 1.0 1.2 1.2 1.0 1.0 1.2 1.9 2.2 2.0 1.9 1.9 1.8 1.5 1.4 1.3 1.4 1.6 1.8 2.0 2.3 2.5 2.7 3.0 3.0 3.0 3.0 2.9 2.9 2.8 2.7 2.6 3.0 8.0 15.1 11.1 9.5 6.7 6.4 1.8 1.0 0.9 0.8 0.9 1.0 1.1 1.1 1.1 1.1 1.2 1.8 2.4 2.2 2.2 2.2 1.9 1.6 1.4 1.4 1.4 1.5 1.7 1.8 2.0 2.2 2.3 2.4 2.5 2.6 2.5 2.5 2.6 2.6 2.5 2.5 2.7 5.2 14.3 11.5 8.8 7.1 5.0 3.8 2.9 2.3 1.5 2.5 1.4 1.0 0.9 0.8 0.8 0.9 1.0 1.1 1.1 1.2 1.3 1.7 2.7 2.3 2.4 2.4 2.0 1.7 1.5 1.4 1.4 1.4 1.5 1.6 1.7 1.7 1.8 1.9 2.1 2.2 2.2 2.3 2.4 2.5 2.5 2.5 2.6 3.3 4.4 4.5 3.9 3.4 2.8 2.3 1.9 1.7 1.5 1.3 1.4 1.2 0.9 0.8 0.8 0.8 0.8 1.0 1.1 1.2 1.2 1.3 1.5 1.1 2.4 2.5 2.5 2.2 1.9 1.6 1.4 1.3 1.3 1.3 1.4 1.4 1.4 1.5 1.6 1.7 1.8 2.0 2.1 2.3 2.5 2.6 2.7 2.8 2.9 3.1 2.9 2.7 2.6 2.5 2.2 2.0 1.9 1.6 1.4 1.2 1.0 0.8 0.7 0.7 0.7 0.8 1.0 1.1 1.2 1.0 2.5 2.5 2.6 2.4 2.1 1.8 1.5 1.3 1.2 1.2 1.2 1.2 1.2 1.2 1.3 1.4 1.6 1.7 1.9 2.2 2.5 2.7 2.7 2.7 2.8 3.0 2.6 2.6 2.5 2.5 2.5 2.4 2.1 1.7 1.3 1.0 0.8 0.9 1.0 0.8 2.5 2.5 2.8 2.6 2.3 1.9 1.5 1.3 1.2 1.1 1.1 1.1 1.0 1.1 1.1 1.3 1.4 1.5 1.7 1.9 2.2 2.5 2.6 2.6 2.5 2.5 2.5 2.8 3.0 3.2 2.7 0.7 0.7 2.8 2.5 2.8 2.6 2.3 1.9 1.5 1.3 1.1 1.0 1.0 0.9 0.9 0.9 1.0 1.2 1.3 1.5 1.8 2.0 2.3 2.5 2.6 2.8 3.1 3.5 3.2 2.4 2.5 2.5 2.2 1.8 1.5 1.3 1.1 1.0 0.9 0.8 0.8 0.9 0.9 1.1 1.3 1.5 1.8 2.2 2.5 3.4 2.5 2.4 2.4 2.2 1.8 1.5 1.2 1.1 0.9 0.8 0.8 0.8 0.8 0.9 3.3 2.5 2.3 2.4 2.2 1.8 1.5 1.2 1.0 0.9 2.7 2.2 2.1 15.715.116.119.612.1 15.117.816.216.518.6 20.617.417.020.113.2 21.816.816.818.312.4 17.1 19.9 15.2 16.0 16.5 16.7 20.0 16.3 14.0 18.9 22.6 17.1 19.0 21.5 16.6 15.2 20.9 22.3 20.0 21.3 19.0 16.2 13.6 12.7 0.5 0.5 0.5 0.5 11.1 10.4 13.3 11.5 23.9 15.4 14.0 14.4 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.4 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.1 0.3 0.2 0.1 0.6 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.1 0.2 0.1 0.4 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.1 0.1 0.1 0.2 0.1 0.1 0.1 0.2 0.1 0.1 0.5 0.1 0.6 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 1.0 AA1 @ 24' AA1 @ 24' AA1 @ 24' AA @ 24' AA @ 24' AA @ 24' CC @ 10'CC @ 10'CC @ 10'CC @ 10' CC @ 10' CC @ 10' CC @ 10' CC @ 10' BB @ 13' BB @ 13' BB @ 13' BB @ 13' BB @ 13' BB1 @ 8' BB1 @ 8' BB1 @ 8' BB1 @ 8' BB1 @ 8' BB2 @ 8' BB @ 13' BB3 @ 8' BB3 @ 8' Plan View Scale - 1" = 30ft Schedule Symbol Label Quantity Manufacturer Catalog Number Description Number Lamps Lumens Per Lamp Light Loss Factor Wattage AA 3 COOPER LIGHTING SOLUTIONS - McGRAW- EDISON (FORMERLY EATON) GLEON-SA2A-740-U- T4FT-HSS GALLEON AREA AND ROADWAY LUMINAIRE (2) 70 CRI, 4000K, 615mA LIGHTSQUARES WITH 16 LEDS EACH AND TYPE IV FORWARD THROW OPTICS WITH HOUSE SIDE SHIELD 32 211 1 66 AA1 3 COOPER LIGHTING SOLUTIONS - McGRAW- EDISON (FORMERLY EATON) GLEON-SA2C-740-U- T4FT GALLEON AREA AND ROADWAY LUMINAIRE (2) 70 CRI, 4000K, 1050mA LIGHTSQUARES WITH 16 LEDS EACH AND TYPE IV FORWARD THROW OPTICS 32 455 1 113 BB 6 Lithonia Lighting WDGE2 LED P2 40K 70CRI TFTM WDGE2 LED WITH P2 - PERFORMANCE PACKAGE, 4000K, 70CRI, TYPE FORWARD THROW MEDIUM OPTIC 1 2291 1 18.9815 BB1 5 Lithonia Lighting WDGE2 LED P4 40K 70CRI T1S WDGE2 LED WITH P4 - PERFORMANCE PACKAGE, 4000K, 70CRI, TYPE 1 SHORT OPTIC 1 4627 1 46.6589 BB2 1 Lithonia Lighting WDGE2 LED P3 40K 70CRI T1S WDGE2 LED WITH P3 - PERFORMANCE PACKAGE, 4000K, 70CRI, TYPE 1 SHORT OPTIC 1 3486 1 32.1375 BB3 2 Lithonia Lighting WDGE2 LED P4 40K 70CRI T3M WDGE2 LED WITH P4 - PERFORMANCE PACKAGE, 4000K, 70CRI, TYPE 3 MEDIUM OPTIC 1 4817 1 46.6589 CC 8 Lithonia Lighting LBR6 ALO2 (1500LM) SWW1 (4000K) AR LSS WD 80CRI 6 INCH LBR DOWNLIGHT 1500LM 4000K CLEAR SEMI-SPECULAR WIDE 80 CRI 1 1845 1 18.97 Statistics Description Symbol Avg Max Min Max/Min Avg/Min Building Entry/Side Walk 12.8 fc 15.4 fc 10.4 fc 1.5:1 1.2:1 Building Entry/Side Walk 12.9 fc 14.4 fc 11.5 fc 1.3:1 1.1:1 Building Entry/Side Walk 13.7 fc 14.0 fc 13.3 fc 1.1:1 1.0:1 Building Entry/Side Walk 17.5 fc 23.9 fc 11.1 fc 2.2:1 1.6:1 Light Trespass 0.0 fc 1.0 fc 0.0 fc N/A N/A Exhibit B City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org Community Development 763-569-3300 February 2, 2024 5501 Xerxes Ave Building review comments for the remodel/change of occupancy for the Proposed Vehicle Inspection Service Location to be located at 5501 Xerxes Ave. Previous Building Occupancy Classification was: M (Retail) with an S1 (repair garage) as an accessory use Proposed Building Occupancy Classification: B (Business) with an S2 (parking garage – open or enclosed) for vehicle inspection bays. 1.The building will be required to have a sprinkler system installed. City of Brooklyn Center ordinance 3-101 B. (2) as adopted by the Minnesota State Building code 1306 Special Fire Protection system 1306.0020 Subp. 2. •Existing and new buildings. Automatic sprinkler systems for new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed, must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, Items A to D. •1306.0030; For purpose of this chapter, area separation, fire barriers, or fire walls do not establish separate buildings. Gross square footage means the floor area as defined in the International Building Code. The floor area requirements established in items A to D are based on the gross square footage of the entire building and establish thresholds for these requirements. The following occupancy groups must comply with sprinkler requirements of this Chapter, unless specified otherwise: B.Group B, F, M and S occupancies with 2,000 or more gross square feet of floor area or with three or more stories in height. 2.Prior to a Building permit being issued. A SAC determination for the Change of use will need to be done by MET Council and SAC determination letter received. Sincerely, Dan Grinsteinner Building Official City of Brooklyn Center 763-569-3313 Exhibit C City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | www.cityofbrooklyncenter.org DATE: February 8, 2024 TO: Planning Commission of the City of Brooklyn Center FROM: Ginny McIntosh, Planning Manager SUBJECT: An Ordinance Adopting Comprehensive Amendments to Chapter 35 (Unified Development Ordinance) of the City Code of Ordinances Recommendation: Motion to: • Open the public hearing; • Take public input; and • Close the public hearing. Motion to recommend City Council approval of comprehensive amendments to Chapter 35 of the City Code of Ordinances, including: (1) the adoption and incorporation of the Crystal Airport Zoning Ordinance, (2) permit requirements for the placement of fences, (3) amendments to the use of commercial vehicles as an accessory use, (4) amendments to minimum width and depth requirements in the R1 and R2 zoning districts, (5) amendments to the definition of structure height and height requirements in the R1, R2, and R3 zoning districts, and the MRCCA Overlay District, (6) amendments to the density range for the R3 zoning district, (7) supplemental language regarding nonconforming structures and uses, (8) amendments to public notice sign requirements for public hearings, and (9) amendments to the allowed use table with regard to licensed day cares, licensed group family day cares, licensed residential facilities, and massage and sauna establishments. Background: Prior to January 2023, the City’s zoning code had not been meaningfully updated since the 1960s. In 2019, the City adopted the 2040 Comprehensive Plan and embarked on a major overhaul of the City’s zoning (Chapter 35), sign (Chapter 34), and platting (Chapter 15) codes with consultant Bolton & Menk, as these chapters presented significant barriers, difficulties, and confusion in their ease of use and overall accessibility for not only City staff, but residents, business owners, and prospective developers as well. Further, these chapters were out of compliance with state law, opening the City up to legal risks. City staff worked with Bolton & Menk to merge the three chapters into one, unified document (Unified Development Ordinance), which was adopted in January 2023. City staff worked through a complete overhaul of the UDO, with the intent to: • Align the UDO with the City’s 2040 Comprehensive Plan; City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | www.cityofbrooklyncenter.org • Bring the UDO into compliance with state law, particularly with waterbody protections and development review requirements; • Reorganize the UDO so it is clearer and easier to use; • Modernize regulations to ensure they meet community needs and promote equity; and • Improve customer service and regional competitiveness Key changes to the updated UDO included: • The consolidation of zoning districts; • Clarifying and modernizing allowed uses within each zoning district; • Bringing environmental preservation policies into alignment with state law; and • Clarifying city land use approval and review policies to better support staffs’ ability to effectively administer the UDO During the adoption process for the City’s current UDO, City staff recognized that no UDO is perfect, and that updating and writing land use policies is as much an “art” as it is a technical process. Given the fact that the City was attempting to re-write a 1960s code to address the needs of “now,” the intent of the updated UDO was to serve as a robust living, breathing document that modernizes City land use policies, and that can be further revised and evolve over time. City staff was to the understanding that the UDO should be reviewed on a regular basis. In keeping with this, City staff has identified a number of proposed changes to the UDO—refer to Exhibit A. A public hearing notice was published in the Brooklyn Center Sun Post on January 25, 2024, and a copy of the notice was published to the City of Brooklyn Center website—refer to Exhibit B. Additional notification was sent to the Minnesota Department of Natural Resources (DNR) for the proposed modifications to the MRCCA Overlay District provisions and Metropolitan Airports Commission (MAC) for the proposed adoption of the Crystal Airport Zoning Ordinance. Adoption of the Crystal Airport Zoning Ordinance The Crystal Joint Airport Zoning Board (JAZB) was formed in 2021 with the intent to update the Crystal Airport’s zoning ordinance, which had not been updated since 1983. Minnesota State Statutes 360.063, Subd. 3(2)(b) requires that, “a joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved, two from each county or municipality, in which the airport hazard area is located, and in addition a chair is elected by a majority of the members so appointed.” For the Crystal Airport, these member cities included: Crystal, Brooklyn Park, Brooklyn Center, New Hope, Minneapolis, Robbinsdale, and the Metropolitan Airports Commission (MAC). As constituent counties and municipalities had 60 days to join in creating a Joint Airport Zoning Board, City Council adopted Council Resolution No. 2021-100, which authorized the City of Brooklyn Center to join the Joint Airport Zoning Board and appointed representatives to said Board. The Joint Airport Zoning Board ultimately convened numerous times between October 2021 and November 2023 to develop an updated airport zoning ordinance that would achieve a reasonable level of safety while considering compatible community development and social and economic costs of redistricting land uses. This ordinance was also crafted in response to certain improvements made at the Crystal Airport in 2020, including: lengthening the main runway, converting the parallel runway to a parallel taxiway, and shortening the turf runway. City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | www.cityofbrooklyncenter.org A public comment period commenced on April 4, 2023 and closed on May 3, 2023. During this time, a draft copy of the Crystal Airport Zoning Ordinance was made available to the general public at Brooklyn Center City Hall and on the City’s website, and the Metropolitan Airports Commission (MAC) mailed notices to those affected parcels and property owners. A public hearing and open house was held on April 19, 2023 at the Crystal Community Center in Crystal, Minnesota, in which 44 people were present (25 of which were members of the public). On June 15, 2023, the Joint Airport Zoning Board elected to submit the draft Airport Zoning Ordinance to the MnDOT Commission of Transportation for review and approval. On September 24, 2023 the Joint Airport Zoning Board received notice that the Crystal Airport Zoning Ordinance was approved. On November 8, 2023 the Crystal Joint Airport Zoning Board met and considered the Commissioner’s Order; the draft Airport Zoning Ordinance approved by the Commissioner; and the Final Statement of Legal Authority, Findings of Fact, Conclusions of Law, and Order. Ultimately, the JAZB elected to approve the aforementioned documents with the understanding that each municipality would need to incorporate the new Crystal Airport Zoning Ordinance into their respective zoning ordinances and update their official zoning map to reflect the new airport zones. Following discussion with the City Attorney, City staff agreed to create a new overlay district within Chapter 35 (Unified Development Ordinance) of the City Code. For clarity’s sake, the Crystal Airport Zoning Ordinance (document) is proposed for incorporation as an appendix. Draft copies of the new airport safety zones on the City’s zoning map are also included as reference. Permit Requirements for Placement of Fences Fence permits are required prior to any installation of fencing—these requirements are namely to ensure fences are installed in compliance with the City’s regulations regarding materials, height, and setbacks off property lines. Prior to January 2023, the City did not have a fence permitting process. As requested, the identified amendments would provide clarity on when permits are required, and the specific requirements in the residential, Business Mixed-Use (MX-B), and General Industry (I) Districts. Additional language has been added regarding the addressing of potential visual obstructions and vehicle queuing in right-of-way. Examples where this language would benefit is in scenarios where there may be controlled access (e.g. Medtronic, CenturyLink/Lumen). It should be noted that the fencing requirements outlined under Section 35-5609 are separate from the screening requirements, which are intended to provide a visual buffer between incompatible uses, outlined under Section 35-5608. Commercial Vehicles as an Accessory Use When Chapter 35 (Unified Development Ordinance) was adopted in January 2023, accommodations were made to allow residents who drive commercial vehicles and reside in the R1 or R2 District to park their vehicle at their place of residence, subject to certain requirements. As one of the requirements outlines restrictions to the dimensions of a commercial vehicle, City staff initially proposed a definition that followed the Minnesota Department of Transportation’s vehicle classification scheme (Classes 1-4); however, this has proven difficult to utilize, and fails to capture some of the vehicles City staff thought options for parking should be afforded to (e.g. food trucks). Although City staff had wholly intended and noticed for proposed changes to this section, City staff will require additional time to work through the current language in Chapter 35 (Unified Development Ordinance) and additional language found in Chapter 19 (Public Nuisances and Petty Offenses). The provided amendment language contains some light cleanup under Section 35-4402 (Accessory Uses), but otherwise remains the same. City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | www.cityofbrooklyncenter.org Width and Depth Requirements in the R1 and R2 Districts Following the adoption of the new Chapter 35 (Unified Development Ordinance) in January 2023, City staff noted that a provision regarding a minimum 18-foot width and depth requirement for (main portions of) primary dwellings in the R1 and R2 District, which had been in place for decades, was no longer in the document. City staff is requesting language regarding minimum width and depth requirements for a dwelling in the R1 and R2 Districts be re-introduced to Sections 35-2201 (R1-Low Density Residential), 35-2202 (R2- Medium Low Density Residential), and 35-5501 (Dimensional Standards Summary). Definition of Structure Height and Height Requirements in the R1, R2, and R3 Zoning Districts and MRCCA Overlay District The adoption of the new Chapter 35 (Unified Development Ordinance) also introduced two new overlay districts: MRCCA (Mississippi River Corridor Critical Area) and Shoreland. MRCCA was adopted pursuant to certain authorizations and policies contained in Minnesota State Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010-6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes, Chapters 462 and 473. The Legislature of Minnesota delegated responsibility to local governments of the state to regulate the subdivision, use, and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems, and provide for the wise use of these areas. Similarly, the Shoreland Ordinance regulations adopted by the City of Brooklyn Center serve as an important land use regulation to help protect surface water quality, near shore habitat, and shoreland aesthetics. In utilizing the new Unified Development Ordinance, City staff determined that the only definition for “height” was the definition provided by the DNR that defines the “height of structure,” which is written as follows: Height of Structure. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. City staff debated creating another definition for height for those parcels located outside the MRCCA Overlay District; however, with the requested adoption of the Crystal Airport Zoning Ordinance, which also contains a definition for height, this would have resulted in three different definitions of “height.” City staff is requesting removal of the language “average height of” as there have been a couple occasions now where, despite the maximum height of a detached accessory structure being 16 feet, plans for detached garages have resulted in garages that are, in fact, taller than 16 feet, but meet the requirements by definition due to the “average height” language. The current definition, as it stands, allows for the measurement to be taken from the mid-point of the roof. Depending on how steep an accessory structure’s roof is, this could and has resulted in accessory structures that are in actuality over 20 feet in height. City staff is requesting the removal of the average height language as this not only creates confusion surrounding the height maximum listed for accessory structures, and including detached Accessory Dwelling Units (ADUs), but makes it more difficult to field verify height for primary and accessory structures during inspections. With the requested removal of the “average height” language from the definition for “height of structure,” City staff is also requesting that the maximum height provisions for principal structures located in the R1 and R2 Districts be modified from 25 feet to 30 feet, which should be able to accommodate a City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | www.cityofbrooklyncenter.org two-story home with one (1) foot foundation block, two (2) foot rim, a two (2) foot truss—which is oversized, and 9-foot ceilings, assuming a 26-foot wide home and 6/12 pitch roof, which is fairly typical in Brooklyn Center. City staff did discuss potentially allowing for perhaps 32 feet in height as a maximum, but were trying to determine adequate scale and compromise given a large majority of homes in Brooklyn Center are one- story ramblers under 20 feet in height. City staff is not opposed to allowing for up to 32 feet in these districts, but is operating from a more conservative stance. In accommodating these heights, this further addresses certain goals and objectives laid out in the City’s 2040 Comprehensive Plan, and specifically with regard to serving multi-generational households and the creation of more housing options and affordable housing through potential internal or attached accessory dwelling units (ADUs). As the MRCCA provisions under Section 35-3103 (CA-Mississippi River Corridor Critical Area) also outlines a maximum structure height provision of 25 feet in the River Neighborhood (RN) District, City staff is also requesting this be revised to 30 feet as almost all properties located within this District, with the exception of two existing R4 (Medium High Density Residential) District properties, are zoned R1 (Low Density Residential) District. The MRCCA model ordinance initially noted a height maximum of 35 feet in the RN District, so the requested amendments to principal structure heights would fall below that. Amendments to the Density Range for the R3 District City staff requests an amendment to the outlined density range within Section 35-2203 (R3—Medium Density Residential). The current density range provided for in the R3 District is 3-10 dwelling units per acre (DU/Acre); however, Section 35-5100 (Dimensional Standards Summary) provides for a density range of 5-15 dwelling units per acre for the R3 District. In reviewing the density ranges for the surrounding zoning districts, and the density ranges identified in the 2040 Comprehensive Plan future land use designations, City staff believes the adjustment to 5-15 dwelling units per acre (DU/Acre) is supported. See Table 1 below for a comparison chart with an assumption of 5-15 dwelling units per acre (DU/Acre) in the R3 District. Table 1. Comparison of Allowable Density Ranges between City Unified Development Ordinance Zoning Districts and 2040 Comprehensive Plan. Language Regarding Nonconforming Structures and Uses In the process of updating the City’s zoning code provisions to the new Chapter 35 (Unified Development Ordinance), nonconformity provisions were included under Sections 35-3101 (FP—Floodplain), 35-3103 (CA—Mississippi River Corridor Critical Area), and 35-6300 (Nonconforming Signs); however, no general provisions for nonconformities were provided for elsewhere in Chapter 35. Although nonconformity provisions are outlined within Section 462.357 (Official Controls: Zoning Ordinance) of the Minnesota State Statutes, City staff wanted clear language referenced within Chapter 35, and considering nonconformity language is already in place for certain overlay districts and signage. City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | www.cityofbrooklyncenter.org Following discussions with the City Attorney, language was crafted under a new section (35-1605— Nonconformities), which outlines potential scenarios (e.g. alterations, enlargements, restorations, and abandonments) and how each situation should be handled in the case of an existing nonconformity. Public Notice Sign Requirements for Public Hearings City staff is requesting changes to the language currently outlined under Section 35-7500 (Public Hearings) and specifically in instances where a notification sign is to be installed in advance of a scheduled public hearing. Currently, Section 35-7504 (Sign Notice) dictates that a sign shall be installed in cases where a proposal will result in a district boundary change of five (5) acres or more. City staff is recommending that notification signage be installed whenever there is a proposed re-zoning. Installation of a public notice sign is already required for construction or major alteration of the a structure, except one and two-family dwellings, and buildings accessory thereto. Additionally, the current provisions stipulate that the property owner of a subject property under review as part of Planning Commission application install said public notice sign with content to be approved by the City’s Zoning Administrator. City staff is requesting that this language be altered as the City has purchased heavy duty metal signs with the language “Development Proposal Under Review” and contact information for the City’s Community Development Department. These signs can be reused multiple times as needed and are stored at the Public Works garage until needed. See Image 1 below for an example. Image 1. Example of City of Brooklyn Center standard public notification signage. Amendments to Allowed Use Table Licensed Day Cares and Group Family Day Cares Following the adoption of the new Chapter 35 (Unified Development Ordinance), City staff became aware that the provisions outlined for daycares did not account for larger day cares (13 or more persons). City staff is requesting a new use category be added to Section 35-4103 (Allowed Use Table), which would allow for licensed day care facilities (13 or more persons) in the R3, R4, R5, MX-N1, MX-N2, MX-C, and TOD Districts through approval of a conditional use permit or CUP. Larger daycares would also be permitted through the issuance of, or amendment to, a conditional use permit for places of religious assembly and public and private elementary and secondary schools in the R1 and R2 District. As proposed, the requirements outlined for licensed day care facilities under Section 35-4302 (c) would also be updated to align with Minnesota State Statute requirements outlined under Chapter 245A and Minnesota Rules Chapter 9502. Additional requirements are outlined to restrict the size of a licensed City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3330 | www.cityofbrooklyncenter.org daycare to allowable occupancies and the availability of parking, and the location of pick up and drop off areas. Licensed Residential Facilities Per Minnesota Statutes, Section 462.357, subdivision 7, and with limited exceptions, a state licensed residential facility serving 6 or fewer persons (and oftentimes referred to as “group homes,” although this term is not recognized by either the Minnesota Department of Health or Department of Human Services) are considered a permitted single-family residential use of property. In reviewing Section 35-4103 (Allowed Use Table), City staff noted that the maximum occupancies of Licensed Residential Facilities did not align with either the City’s allowable density range for certain zoning districts or the City’s 2040 Comprehensive Plan. As such, City staff is requesting the table be updated to remove the “Licensed Residential Facility (6 and fewer persons)” use from the R4 (10-25 DU/Acre), MX-N1 (15-31 DU/Acre), MX-N2 (DU/Acre), and TOD (31-130 DU/Acre) Districts, as the allowable density ranges are in conflict with and do not align with the use. City staff is requesting the addition of the use to the R3 (5-15 DU/Acre) District. Massage and Sauna Establishments The City of Brooklyn Center has historically been extremely restrictive with allowing massage and sauna establishments. Under the City’s old zoning code (pre-January 2023), “sauna establishments and massage establishments, provided they do not abut any residential (R1 through R7) district, including abutment at a street line,” were allowed in the C2 District by issuance of a special use permit only. In the Central Commerce Overlay District, which was retired as part of the adoption of the new Unified Development Ordinance in January 2023, sauna and massage establishments were outright prohibited within this overlay district. As the majority of C2 properties were located within the Central Commerce Overlay District, this effectively prohibited the establishment of one in the City. Further, the City’s current massage establishment licensure provisions and fees, as outlined under Chapter 23 (Licensing) of the City Code, make it difficult to establish a massage business in the City and when comparing the use regulations and licensing fees in other neighboring cities. Although the City’s new Unified Development Ordinance does allow for “sauna and massage establishments” as an accessory use in the MX-N2, MX-C, TOD, and C Districts, this again makes it difficult for someone to establish a business in the City as use must be “incidental and subordinate to the principal use on the same lot.” Most recently, a business owner was looking to expand their business in the City with a float spa/massage establishment; however, due to the accessory use restrictions, the business owner was looking at other cities who allowed for the use and who had lower annual licensing fees. As a comparison, and in addition to the allowance of massage and sauna establishments as an accessory use only, the City’s annual licensing fee for a massage establishment is $3,000, with an investigation fee of $1,500, and additional fees for masseurs/masseuses ($50 annually), and their individual investigation fee ($150 per masseur/masseuse). Although City staff understand potential concerns regarding the operations of massage establishments, the City should potentially look at revisions to the licensure process to not only make the City competitive with other cities by reviewing the fees as compared to surrounding cities (many of which are under $1,000 per year), but other methods of ensuring the City has quality massage and sauna establishments. Such changes could potentially include placing a maximum cap on the number of licenses in the City, which would be addressed through Chapter 23 (Licensing). 1 UDO Amendments February 2024 1. CLARIFICATION OF LICENSED FACILITIES/COORDINATION WITH STATUTES Section 35-1300. INTERPRETATION AND CONFLICTING PROVISIONS. Section 35-1301. RULES OF INTERPRETATION. In their interpretation, the provisions of this Unified Development Ordinance shall be held to be the minimum requirements necessary to promote and preserve the public health, safety, morals, and welfare. a.The word “person” includes firm, association, organization, company, partnership, cooperative, or corporation as well as an individual. b.The present tense includes the future tense, the singular number includes the plural, and the plural includes the singular. c.The word “shall” is mandatory and the word “may” is permissive. d.The word “lot” shall include the words “plot,” “piece,” “parcel,” and “property” and shall be interpreted broadly to give full effect of the provisions of this Chapter. e.All distances, unless otherwise specified, shall be measured horizontally. f.References in this Chapter to any statutes, rules, or regulations shall include any amendments to, or successors of, those statutes, rules, or regulations. Furthermore, such references shall serve to incorporate those statutes, rules, or regulations by reference to the extent necessary to achieve the intent and purposes of this Chapter. However, such incorporations are intended only to give effect to this Chapter and are not intended to make the City responsible for the administration or enforcement of the referenced statutes, rules, or regulations. g.Whenever a word or term defined hereinafter appears in the text of this Chapter, its meaning shall be constructed as set forth in such definition. If no set definition is given in this Chapter, the word or term shall have the meaning given it in the Minnesota Statutes, Minnesota Rules, or the most applicable Hennepin County ordinance to the extent the term is given a specific definition therein. Any question as to the meaning of a word or term used in this Chapter shall be determined by the City Council. h.General words are construed to be restricted in their meaning by preceding particular words. i.The listing of examples to further explain a term, concept, requirement, or process is not intended to be, and shall not be interpreted as, an exclusive listing. Unless the context clearly indicates otherwise, such listings are intended to be explanative without being Exhibit A 2 exclusive or limited. The exception to this general rule of interpretation is the listing of uses allowed in a district, which is intended to be limited to only those uses and the uses the City Council finds to be substantially similar as provided in this Chapter. j. The Minnesota legislature has adopted various provisions by statute requiring local governments to treat certain uses as permitted or conditional uses within their respective jurisdictions for the purposes of zoning regulations. Notwithstanding the general prohibition contained herein of uses not expressly allowed by this Chapter, this Chapter shall be interpreted as allowing those uses the legislature expressly requires the City to allow. Such uses shall be classified as provided in the legislative mandate and shall only be allowed in those areas described in the applicable statute, and then only to the extent and scope as prescribed in the statute. k. For example, under Minnesota Statutes, Section 462.357, subdivision 7, with limited exceptions, requires a a state licensed residential day care facility serving 6 or fewer persons, a licensed day care facility serving 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall to be considered a permitted single-family residential use of property. As such, this Chapter shall be interpreted as allowing that specific use as a permitted residential use, but only up to a capacity of 12 persons. A proposed use that exceeds the scope described in the statute shall not be allowed unless the expanded use is expressly permitted in the particular zoning district by this Chapter. l. Furthermore, if the statute indicates the use is to be allowed as a conditional use, the use may only occur upon the submission of an application and receipt of a conditional use permit from the City. All mandated uses shall obtain a land use permit and all other permits and permissions as required by this Chapter and all other applicable laws. Section 35-1302. SUPREMACY. When any condition imposed by any provision of this Unified Development Ordinance upon the use of land or buildings or upon the bulk of buildings is either more restrictive or less restrictive than similar conditions imposed by provisions of another City ordinance or resolution, the more restrictive condition shall prevail. This Unified Development Ordinance is not intended to abrogate any easements, covenants, or any other private agreement, providing that where the provisions of this Unified Development Ordinance are more restrictive than such easements, covenants, or other private agreements, the provisions of this Unified Development Ordinance shall prevail. 2. COMPREHENSIVE NONCONFORMITY LANGUAGE Section 35-1600. OTHER GENERAL PROVISIONS Section 35-1601. APPLICATIONS. All applications must be on forms approved by the City Council. Any requests not submitted on an approved City form shall not be considered an application for the purposes of this UDO or Minnesota Statutes, Section 15.99, and shall be 3 rejected. An application shall be immediately rejected if it is not accompanied by the required application fee. If an escrow is required, the applicant shall submit the required amount for escrow with the City within five days of the submission of the application or the application shall be deemed incomplete and will not be processed. Section 35-1602. ENFORCEMENT. This Unified Development Ordinance shall be administered and enforced Zoning Administrator. The Zoning Administrator may authorize other employees or agents of the City to perform the various duties of the Zoning Administrator specified in Section 35-7100. Section 35-1603. PENALTIES. Violation of the provisions of this Unified Development Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional use permits) shall constitute a misdemeanor. Any person who violates this Unified Development Ordinance or fails to comply with any of its requirements shall, upon conviction thereof by lawful authority, be fined not more than one thousand dollars ($1,000) or imprisoned for not more than ninety (90) days or both, and in addition, shall pay all costs and expenses of prosecution. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Brooklyn Center from taking such other lawful action as is necessary to prevent or remedy any violation. No provision of this Chapter designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this Section for failure to perform such duty, unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the Section creating the duty. Section 35-1604. SEVERABILITY. Every Section, provision, or part of this Unified Development Ordinance is declared separable from every other Section, provision, or part to the extent that if any Section, provision, or part of the Unified Development Ordinance shall be held invalid, it shall not invalidate any other Section, provision, or part thereof. Section 35-1605. NONCONFORMITIES. a. Continuance of Nonconformities. The lawful use of any land or building existing at the time of the adoption of this UDO may be continued, even if such does not conform to the regulations of this ordinance, except as provided below: 1) Alterations: A nonconforming building or structure shall not be reconstructed or altered unless such building or structure is changed to conform with the regulations of this UDO. 2) Enlargement: A nonconforming building or structure shall not be added to or enlarged in any manner unless such additions or enlargements are made so as to bring said building or structure into conformity with the regulations of this UDO. 4 3) Restoration: A nonconforming building or structure which is damaged by fire or other causes to the extent of more than fifty percent (50%) of its market value, unless a formal application for a building permit has been applied for within one hundred eighty (180) days of when the property was damaged, shall not be restored except in conformity with the regulations of this UDO. 4) Abandonment: A nonconforming use of a building which has been discontinued for a period of more than one (1) year shall not be reestablished, and any future use shall be in conformity with the regulations of this UDO. 5) Maintenance: Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use. 6) Existing buildings not in conformance with architectural control standards in the applicable zoning district shall construct additions in conformance with the architectural control standards. Any addition greater than fifty percent (50%) of the square footage of the building shall require the entire building to meet architectural control standards. b. Nonconforming use of building or land. 1) Extension: No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time of the effective date of this UDO. 2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the time of the effective date of this ordinance. 3) If any such nonconforming use of land or building ceases for any reason for a period of more than one (1) year, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located. 3. MINOR DIMENSIONAL STANDARD AMENDMENTS IN R-1, R-2 AND R-3 Section 35-2200. RESIDENTIAL DISTRICTS AND STANDARDS Section 35-2201. R1 – LOW DENSITY RESIDENTIAL a. PURPOSE. The purpose of the R1 (Low Density Residential) zoning district is to conserve low-density, single- family neighborhoods. This district primarily supports one family dwellings. Allowed uses are shown in Section 35-4103200 Allowed Use Table. 5 b. R1 DIMENSIONAL STANDARDS Building Setbacks A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street and 15 along secondary street (corner lot) B Side building setback (minimum) 10 feet C Rear building setback (minimum) 25 feet D Lot area – (minimum) 9,500 sq. ft. (interior lot) or 10,500 sq. ft. (corner lot) E Lot width – one family (minimum) 75 feet (interior lot) or 90 feet (corner lot) F Accessory Structure setback, Interior Side or Rear (mMinimum) 5 feet 6 Other Standards GF Primary structure height (maximum) 3025 feet H Accessory Structure height (mMaximum) 16 feet I Density 3-5 units/acre J Primary Dwelling structure Width and Depth (minimum) 18 feet c. GENERAL REGULATIONS. 1) Complete, detailed dimensional standards are located in Section 35-5000 – Development Standards and Incentives. 2) In R1 districts, every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term " principal building" shall be given its common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall rest with the Zoning Administrator. 3) All dwellings shall be on permanent foundations which comply with the State Building Code, except that accessory uses such as screened or enclosed porches, canopies, decks, balconies, stairs, etc. may be placed on a noncontinuous permanent foundation as approved by the Building Official. 4) In the case of permitted dwellings, the dwelling may be located less than ten (10) feet, but not less than five (5) feet, from not more than one (1) of the established interior side lot lines, provided: A. All other yard setback requirements are met; B. The remaining minimum ten (10) foot setback between the dwelling and the lot line, shall not be used for any accessory building; C. The exterior wall of the dwelling, facing the interior side yard of less than ten (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment. 5) In instances where an existing single-family dwelling is deficient in its setback requirements, the building may be expanded along the existing building line, provided there is no greater encroachment into the required yard area. This provision in no way permits the expansion of a conforming building resulting in a setback less than established by this Unified Development Ordinance. In no case shall the expansion be closer than five (5) feet from an interior side yard property line 6) Where no more than three interior lots have frontage on a "cross street," and where the corner lots are developed so that one side yard of each corner lot faces the "cross street," Formatted Table 7 the front yard setback of the interior lots may conform to the side yard setbacks of the corner primary structures. 7) Permitted Encroachments into the regular setbacks are listed in Section 35-5100 of this UDO. Section 35-2202. R2 – MEDIUM LOW DENSITY RESIDENTIAL a. PURPOSE. The purpose of the R2 (Medium Low Density Residential) zoning district is to allow for smaller lot sizes or two-family dwellings in residential neighborhoods. Allowed uses are shown in Section 35- 4103200. b. R2 DIMENSIONAL STANDARDS Building Setbacks A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street and 15 along secondary street (corner lot) B Side building setback (minimum) 10 feet C Rear building setback (minimum) 20 feet D Lot area – one family per unit (minimum) 7,600 sq. Ft. (interior lot) or 8,500 sq. Ft. (corner lot) H 8 E Lot area – two family (minimum) 5,000 sq. Ft./unit (interior and corner lot) F Lot width – one family (minimum) 60 feet (interior lot) or 75 feet (corner lot) G Lot width – two family (minimum) 75 feet (interior lot) or 90 feet (corner lot) H Accessory Structure setback, Interior Side or Rear (mMinimum) 5 feet Other Standards c. GENERAL REGULATIONS. 1) Complete detailed dimensional standards are located in Section 35-5000 – Development Standards and Incentives. 2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term " principal building" shall be given its common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall rest with the Zoning Administrator. 3) All dwellings shall be on permanent foundations which comply with the State Building Code, except that accessory uses such as screened or enclosed porches, canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous permanent foundation as approved by the Building Official. 4) In the case of permitted dwellings, the dwelling may be located less than ten (10) feet, but not less than five (5) feet, from not more than one (1) of the established interior side lot lines, provided: A. All other yard setback requirements are met; B. The remaining minimum ten (10) foot setback between the dwelling and the lot line, shall not be used for any accessory building; C. The exterior wall of the dwelling, facing the interior side yard of less than ten (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment. 5) In instances where an existing single-family dwelling is deficient in its setback requirements, the building may be expanded along the existing building line, provided there is no greater encroachment into the required yard area. This provision in no way permits the expansion of a conforming building resulting in a setback less than established by this IH Primary structure height (maximum) 3025 feet JJ Accessory Structure Height (Maximum) 16 feet K Density 3-10 units/acre L Primary Dwellingstructure Width and Depth (minimum) 18 feet Formatted Table Formatted: Not All caps Formatted: Indent: Left: 0.5", No bullets or numbering 9 Unified Development Ordinance. In no case shall the expansion be closer than five (5) feet from an interior side yard property line. 6) Where no more than three interior lots have frontage on a "cross street," and where the corner lots are developed so that one side yard of each corner lot faces the "cross street," the front yard setback of the interior lots may conform to the side yard setbacks of the corner primary structures. 7) Permitted Encroachments into the regular setbacks are listed in Section 35-5100 of this UDO. Section 35-2203. R3 – MEDIUM DENSITY RESIDENTIAL. a. PURPOSE. The purpose of the R3 (Medium Density Residential) zoning district is to provide medium-density housing in townhouses, or condominium single family attached dwelling units. This district primarily supports attached single-family dwellings, but small lot, detached single-family dwellings are permitted as well. Allowed uses are shown in Section 35-4103200 – Allowed Use Table. 10 b. R3 DIMENSIONAL STANDARDS Building Setbacks A Front building setback (minimum) 35 feet (interior lot) or 35 feet along primary street and 15 along secondary street (corner lot) B Side building setback (minimum) 10 feet C Rear building setback (minimum) 40 feet D Lot area – (minimum) 4,000 sq. ft. per unit E Lot width – (minimum) 25 feet F Accessory Structure setback, Interior Side or Rear (minimum) 5 feet Other Standards FG Primary structure height (maximum) 35 feet H Accessory structure height (mMaximum) 16 feet I Density 5-150 units/acre c. GENERAL REGULATIONS. 1) Complete detailed dimensional standards are located in Section 35-5000 – Development Standards and Incentives 2) Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one principal building on one lot. The term " principal building" shall be given its common, ordinary meaning; in case of doubt, or on any question of interpretation, the decision shall rest with the Zoning Administrator. 11 3) All dwellings shall be on permanent foundations which comply with the State Building Code, except that accessory uses such as screened or enclosed porches, canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous permanent foundation as approved by the Building Official. 4) Permitted Encroachments into the regular setbacks are listed in Section 35-5100 of this UDO. 4. OVERLAY DISTRICT AMENDMENTS (INCORPORATION OF CRYSTAL AIRPORT ZONING ORDINANCE, MINOR FLOODPLAIN AMENDMENT AND MRCCA HEIGHT AMENDMENTS) Section 35-3100. OVERLAY DISTRICTS. Section 35-3100. OVERLAY DISTRICTS. The following overlay districts are hereby established for the City: Overlay Districts FP Floodplain SL Shoreland CA Mississippi River Corridor Critical Area AP Airport The boundaries of the overlay districts are shown on the Zoning Map. Section 35-3101. FP – FLOODPLAIN. k. NONCONFORMITIES. 1) Continuance of Nonconformities. A. A use, structure, or occupancy of land which was lawful before the passage or amendment of this Unified Development Ordinance but which is not in conformity with the provisions of this Unified Development Ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 35- 3101(b)(9)(A) of this Unified Development Ordinance, are subject to the provisions of Section 35-3101(k)(1)(B) through (1)(G) noted below of this Unified Development Ordinance. 12 B. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Section 35-3101(k)(1)(C) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. C. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Section 35-3101(k)(1)(D) and (1)(H) below. D. If the cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Sections 35-3101(d) or Section 35-3101(e) of this Unified Development Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. E. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this Unified Development Ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. E. F. If any nonconformity is substantially damaged, as defined in Section 35- 3101(b)(9)(A) of this Unified Development Ordinance, it may not be reconstructed except in conformity with the provisions of this Unified Development Ordinance. The applicable provisions for establishing new uses or new structures in Sections 35-3101(d) or 35-3101(e) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. G. If any nonconforming use or structure experiences a repetitive loss, as defined in Section 35-3101(b)(9)(A) of this Unified Development Ordinance, it must not be reconstructed except in conformity with the provisions of this Unified Development Ordinance. H. Any substantial improvement, as defined in Section 35-3101(b)(9)(A) of this Unified Development Ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Sections 35- 3101(d) or 35-3101(e) of this Unified Development Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Formatted: List Paragraph, Indent: Left: 0.75", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 13 Section 35-3103. CA – MISSISSIPPI RIVER CORRIDOR CRITICAL AREA(MRCCA) f. STRUCTURE HEIGHT AND PLACEMENT AND LOT SIZE. 1) PURPOSE. To establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA. 2) STRUCTURE HEIGHT. Structures and facilities must comply with the following standards unless identified as exempt in Section 35-3103(l) A. RN District: 25 30 feet in residential districts, except for places of religious assembly. 35 feet for all other districts. B. SR District: Height is determined by underlying zoning, provided the allowed height is consistent with that of the mature tree line, where present, and existing surrounding development, as viewed from the OHWL of the opposite shore. Section 35-3104. A P – AIRPORT a. PURPOSE AND INTENT. The Aairport Ooverlay Ddistrict is established to adopt by reference and implement the Crystal Airport Zoning Ordinance, as adopted on November 8, 2023 by the Crystal Airport Joint Airport Zoning Board (JAZB). The Crystal Airport Zoning Ordinance creates zones and establishes boundaries that extend into the City. It is the purpose of the Aairport Ooverlay Ddistrict to protect the public health, safety, general welfare and ensure land use compatibility to prevent potential obstructions or hazards to air traffic in the air space above and around the City within the airport overlay district. b. ADOPTION. The Crystal Airport Zoning Ordinance, together with Exhibits A – F and additional attached sheets (collectively, the “Airport Ordinance”), are incorporated herein by reference, are available at the Zoning Administrator’s office at City Hall and is codified as Appendix A to the City Code. The Aairport Ooverlay Ddistrict shall apply to all land within the city designated to be within one of the safety zones set forth in the Airport Ordinance. No use shall be made of any land in any of the safety zones identified in the Airport Ordinance that is contrary to the provisions set forth in the Airport Ordinance. c. DESIGNATION OF ZONING ADMINISTRATOR. The City’s Zoning Administrator shall administrate and enforce this section. The City's Zoning Administrator is designated as the City official entitled to administer and enforce the Crystal Airport Zoning Ordinance. Formatted: Strikethrough Formatted: Justified Commented [GM1]: Maybe you can word this one better. I thought I knew how to phrase it, and then didn’t. Commented [HJM2R1]: Amended Commented [GM3R1]: Works for me. 14 5. USE TABLE AMENDMENTS (LICENSED FACILITIES, SAUNA AND MASSAGE FACILITIES AND CLERICAL AMENDMENTS) Section 35-4103. ALLOWED USE TABLE P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use- Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX- B I O RESIDENTIAL USES HOUSEHOLD LIVING Dwelling, one family P P Dwelling, two family P Townhouse or Condominium Single Family Attached Dwelling Units P P P P Dwelling, live/work C C P P A C 35-4301(a) Dwelling, multiple family P P P P P P Accessory dwelling unit (ADU) A A 35-4403 Accessory structures including but not limited to, detached garages, carports, gazebos, sheds, patios, decks, porches, amateur radio equipment, etc., for use by the occupants of the principal use A A A A A A A A A 35-4400 Playground equipment and recreation installations, including Private swimming pools and sport courts A A A A A A A A A Licensed Day Care Facilities (12 and fewer childrenpersons) or P P P P P P 35-4302(c) P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use- Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX - B I O The renting of not more than two sleeping rooms in the principal building by a resident family, provided adequate off- street parking is provided A A GROUP LIVING Nursing homes C C C C C Assisted living homes C C C C C C C Licensed Residential Facility (6 and fewer persons) P P P P P P Licensed Residential Facility (7 and greater persons) C C C C C C C Licensed Day Care Facility (13 and greater persons) C C C C C C C PUBLIC, INSTITUTIONAL, AND CIVIC USES COMMUNITY AND CULTURAL FACILITIES Community Center C C C C C Funeral and crematory services C C Cemetery C Libraries and art galleries C C C C C C C C C C C C C Places for religious assembly C C C C Licensed Group Family Day Care Facilities (14 and fewer children persons) EDUCATIONAL FACILITIES Nonresidential educational uses including Area Learning Centers (ALC), post-secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools C C P P P P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use- Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX - B I O Public and private elementary and secondary schools offering a regular course of study C C C Accessory educational structures serving public and private elementary and secondary schools offering a regular course of study I I I 35-4408 HEALTHCARE FACILITIES Medical and health uses P P P P P P Care Centers and Convalescent Homes C C C C C C C COMMERCIAL USES AGRICULTURAL AND ANIMAL USES Animal hospital P P P P P P Commercial Animal Establishment P P P Urban Agriculture, Commercial C C C C C C C C 35-4302(b) Urban Agriculture, non- commercial A A A A A A A A EATING, DRINKING, AND LODGING Brewpub, micro-winery, and micro-distillery P P P P P P P Clubrooms and lodges C C C C C Drive-thru eating establishments C C C 35- 4402(cC) Eating establishments P P P P P P A Banquet, Event, or Conference Facility C C C C A Hospitality lodging and associated uses C C C C C P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use-Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX - B I O ENTERTAINMENT AND RECREATION Adult uses C 35-4303(e) Amusement center, (indoor) A A C P C 35-4302(e) Amusement center (outdoor) C C C C 35-4302(e) Golf courses and essential accessory buildings P Indoor Recreation Fitness center or club, Indoor C P P P P C 35-4302(d) Public recreational uses of a noncommercial nature P P P P P P P P P P P P P COMMERCIAL USES Business to business services P P P P P P P Financial institutions including, but not limited to, full-service banks and savings and loan associations P P P P Licensed Day Care Facilities (13 and greater persons) C C C C C C C 35-4302(c) Licensed Day Care Facilities (13 and greater C C C C C 35-4302(c) persons) associated with Places of Assembly or Public and Private Elementary and Secondary Schools Offering a Regular Course of Study Stand-alone ATMs A A A A Pawn shops C Sauna and massage establishments PA PA PA PA Office P P P P P P P Personal services A A P P P P P Contractor’s Offices C P P A real estate office for the purpose of leasing or selling apartment units in the development in which it is located A A A A A A Allowable Home occupations (not to include Conditional Home Occupations) A A A A A A A A A 35-4402 (d) P = Permitted use, C = Conditional use, I = Interim Use, A = Accessory Use Residential Commercial/ Mixed Use Nonresidential Use-Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX- B I O Conditional Home Occupations C C C C C C C C C 35-4402 (d) Other uses similar in nature, as determined by the City Council C C C C C P P P P P P P P 35-4302 RETAIL SALES General Indoor Retail Sales, Large P P P A General Indoor Retail Sales, Small P P P P P A A 35-4405 Groceries and related products P P P P P P Retail sale of building and construction materials P A A Retail sale of tires, batteries, and automobile accessories and marine craft accessories A P A A 35-4303(a) Outdoor display and sale of merchandise A A A A A 35-4405 The compounding, dispensing, or sale (at retail) of medical drugs, devices, or supplies. A A A A A A VEHICLES AND EQUIPMENT Automotive and truck rental and leasing C C P 35-4303(a) Automobile and truck repair and service station C C C C P P 35-4303(a) Car Wash A A P A A Gasoline stations C C C Private fuel pumps A A A Pump transportation terminals P P P C P Sale of motor vehicles and marine craft at retail C 35-4303(a) ENERGY COLLECTION AND COMMUNICATIONS TECHNOLOGIES MANUFACTURING AND PROCESSING Manufacturing, assembly, and processing of products P P Wholesale trade P P Artisan Production and Sales P P P P P P P Foundries C C P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use-Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX - B I O Off-site dealership vehicle storage I I I 35-4408 Bus garage facilities C 35-4303(a) Truck terminals or exchange stations C Bicycle Sharing Station A A A A A A Electrical Vehicle Charging Station A A A A A A A A A A A ENERGY COLLECTION AND COMMUNICATIONS TECHNOLOGIES Solar Collector, Building- Mounted A A A A A A A A A A A A A Solar Collector, Ground- Mounted CA CA CA CA CA CA CA CA CA CA CA CA C Wind Energy System, Small Ground-Mounted CA CA CA CA CA CA CA CA CA CA CA CA CA Wind Energy System, Small Roof-Mounted A A A A A A A A A A A A A Telecommunications facilities and towers C C C C C C C C C C C C C 35-4303(b) Satellite receive-only antenna A A A A A A A A A A A A A 35-4303(d) MANUFACTURING AND PROCESSING Manufacturing, assembly, and processing of products P P Wholesale trade P P Artisan Production and Sales P P P P P P P Foundries C C Laundering, dry cleaning, and dyeing P P P Textile mills and mill products C P P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use-Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX - B I O Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal or permitted use CA A 35-4406 STORAGE, DISTRIBUTION, OR WAREHOUSE Storage of raw materials, work in process and inventory, provided such storage is completely within enclosed buildings A A Warehousing and Distribution P P Outdoor storage and display of materials, equipment, and products accessory and necessary to a principal and permitted use. CA A PLANNED UNIT DEVELOPMENT Planned Unit Development C C C C C C C C C C C C C 35-8300 6. LICENSED DAY CARE FACILITY STANDARDS Section 35-4300. USE SPECIFIC STANDARDS Section 35-4302. COMMERCIAL USES. c. GROUP LICENSED DAY CARE FACILITIES. 1) The structure in which a licensed day care facility is located must be in continual compliance with all building, fire, zoning, and health codes of the city and state, in addition to all requirements of Minnesota Statutes, Chapter 245A and Minnesota Rules, Chapter 9502In the case of group day care facilities, outside recreational facilities are required, and shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or a Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-5600; shall not have an impervious surface for more than half the playground area; and shall be a minimum of 50 square feet square feet per child in attendance unless otherwise noted in Minnesota Rules, part 9502.0425, subpart 2. 2) Group Licensed day care facilities shall be permitted where noted in Section 35- 4103200., provided that such developments, in each specific case, are demonstrated to be: A. Compatible with existing adjacent land uses as well as with those uses permitted in the zoning district generally. B. Complementary to existing adjacent land uses as well as to those uses permitted in the zoning district generally. C. Of comparable intensity to permitted zoning district land uses with respect to activity levels. D. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. E. Traffic generated by other uses on the site will not pose a danger to those served by the day care use. 3) Licensed day care facilities in residential zoning districts are subject to the following additional requirements: A. For one and two- one family dwellings, 12 or fewer persons. B. For non one and two-family dwellings, 12 or fewer persons (except places of religious assembly and public or private elementary and secondary schools). C. The size of the licensed day care facility in a place of religious assembly or public or private elementary or secondary school is based on the size and capacity of the structure and the availability of parking. 4) Licensed day care facilities in non-residential zoning districts are subject to the following additional requirements: A. The size of the licensed day care facility is dependent on the size and capacity of the structure and the availability of parking. B. The size of the licensed day care facility in a place of religious assembly or public or private elementary or secondary school is based on the size and capacity of the structure and the availability of parking. Commented [GM4]: Can we make reference to playground requirements? I say this more so if a new daycare comes in for site/building plan approval for us to incorporate into our reviews/space accommodations on the site, not to replace their licensure process. Commented [HJM5R4]: Language can be added, but it must be exactly the same as the state regulations and rules in Chapter 9502, subject to them being amended. They should be aware of those rules through the licensing process. Formatted: Normal, Indent: Left: 0.25", No bullets or numbering Commented [GM6]: Do we need language to specify whether this is a conditional use permit (amendment) situation or not? Religious Assemblies and Public and Private Schools are conditional uses in general under our code. Do we need to note day care facilities for 13 or more persons as a “C” in Section 35-4103 above? Commented [HJM7R6]: It’s already identified as a conditional use in the use table, so that is sufficient. Commented [GM8R6]: I address this in my email to you, but I assume you’re saying that, because “religious assemblies” and “public and private elementary and secondary schools” are conditional uses, that any consideration for a daycare (no matter the size) would be addressed as part of a CUP or CUP amendment? Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Normal, No bullets or numbering C. PThe pick up/drop-off area(s) must be located in close proximity to the front of the building and adjacent to a pedestrian area. 3) Group day care facilities shall be allowed as an accessory use to places of religious assembly and educational uses, as noted in Section 35-4200, and shall demonstrate provisions as outlined in 35-4302(c) 4)5) When required, group day care facilities shall be licensed by the Minnesota Department of Human Services (DHS) pursuant to a valid license application. A copy of said license and application shall be submitted annually to the City. 7. ACCESSORY USE AND STRUCTURE STANDARDS Section 35-4400. ACCESSORY USES AND STRUCTURES. This subsection authorizes accessory uses and structures that are incidental and customarily subordinate to principal uses. The intent of this subsection is to allow accessory uses while not creating adverse impacts on surrounding uses. Section 35-4401. GENERAL PROVISIONS. a. Accessory structures shall only be constructed concurrent with or after the construction of the principal building on the same site. No more than two accessory structures may be constructed on the same lot. b. Uses and structures that are accessory to a conditional principal use shall be permitted in accordance with this subsection, without requiring a conditional use permit amendment, unless specifically required as a condition of the conditional use permit approval. c. Accessory structures are not permitted within the front and corner required setback. d. The total ground coverage of all accessory structures shall not exceed the ground coverage of the principal building. e. No accessory structure, unless it is connected to the principal building, shall be erected, altered, or moved, within six (6) feet of the principal building or another accessory structure, as measured from exterior wall to exterior wall. f. Unless otherwise indicated in this UDO, accessory structures must be set back at least five (5) feet from an interior side or rear lot line. g. Any accessory structure that may be used for the parking or storage of motor vehicles shall: 1) Have a floor constructed of poured concrete in accordance with standards Formatted Formatted: Indent: Left: 0.75", No bullets or numbering approved by the city engineer and building official; 2) Include a driveway connecting it to a public right of way; and 3) Not be constructed of the following materials: fabric, canvas, concrete block, cloth, plastic sheets, tarps, unfinished or corrugated metal, exposed plywood, particle board, or similar materials. 4) Shall be architecturally compatible with the principle structure. h. Small accessory structures such as arbors, retaining walls, benches, doghouses, garden decorations, trellises and firewood cribs are exempt from the provisions of this UDO, but cannot be located in public rights-of-way. Section 35-4402. ACCESSORY USES. d. HOME BUSINESSES. 1) The purpose of this standard is to accommodate residents who desire to start home businesses while ensuring that said businesses: A. Are compatible with residential activity and do not adversely impact the character of the surrounding residential area; B. Are secondary and incidental to the residential use of the dwelling unit; C. Do not adversely affect the health, safety or welfare of other persons residing in the area. 2) Review and approval. A conditional use permit is required for all Conditional Home Occupations. 3) Types of Home Occupations. A. Allowable Home Occupations. Allowable Home Occupations are a type of home businesses that City Council has found do not adversely affect the health, safety or welfare of other persons residing in the area. External impacts generated from this use are typically insignificant. B. Conditional Home Occupations. Conditional Home Occupations are a type of home business that the City Council has found to have external impacts on the surrounding residential area which are potentially significant. All Conditional Home Occupations shall require approval of a conditional use permit pursuant to Section 35-7700 of this Unified Development Ordinance. 4) Standards. A. Health, safety, and welfare. Home businesses must not endanger the health, safety or welfare of the community by reason of blight, noise, smoke, dust, odor, glare, vibration, fire hazard, increased vehicular traffic including deliveries, unsanitary or unsightly conditions, or similar conditions that have a reasonable likelihood of disturbing the peace, comfort, repose or quiet enjoyment of the indoor and outdoor spaces of neighboring residential properties. Activity that produces light, glare, noise, odor, dust, smoke or vibration perceptible beyond the boundaries of the premises and distinguishable from neighboring residential uses is prohibited. Toxic, explosive, flammable, radioactive or other restricted materials used, sold, or stored on the site in connection with the home enterprise must conform to the Unified Development Ordinance and Uniform Fire Code for residential uses. B. Use of accessory buildings or garages. i. Allowable Home Occupations. No Allowable Home Occupation shall involve the use of any accessory structure. ii. Conditional Home Occupations. No Conditional Home Occupation shall use more than one accessory structure and such structure must be a permitted use under Section 35-4103200 of the Unified Development Ordinance. C. Equipment. i. Allowable Home Occupations. No Allowable Home Occupation shall involve the use of equipment other than that customarily found in a residential dwelling unit. ii. Conditional Home Occupations. A Conditional Home Occupation may use equipment not customarily found in a residential dwelling unit. D. Primary residence requirement. The owner of the home business must use the dwelling unit as the person's primary residence. E. Employees. i. Allowable Home Occupations. No Allowable Home Occupation shall involve the employment on the premises of persons who are not members of the family residing on the lot. ii. Conditional Home Occupations. No Conditional Home Occupation shall employ or contract with more than one person who is not an occupant of the dwelling, at any one time. F. Client visits. i. Allowable Home Occupations. The total number of clients upon the premises must not exceed six clients per day and must not exceed two clients at any one time. ii. Conditional Home Occupations. The Planning Commission may determine the number and intensity of client visits per day and time. G. Traffic congestion and parking. i. Allowable Home Occupations. No Allowable Home Occupation shall cause traffic congestion on the lot containing the Allowable Home Occupation or on the streets adjacent thereto. ii. Conditional Home Occupations. No Conditional Home Occupation shall cause traffic congestion on the streets adjacent thereto. A Conditional Home Occupation may store and/or park off-street up to one commercial vehicle that is accessory and necessary to the approved on-site business, provided that the commercial vehicle is licensed and operable meets the requirements set forth in Section 35-5512 and is designated within vehicles classes 1-4 only, as defined by the Minnesota Department of Transportation in their official vehicle classification scheme. iii. No automobile parking related to the Conditional Home Occupation shall be permitted on the street provided, however, that upon a finding that the conditional home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35-5500 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. c. Preservation of the residential character of the neighborhood. H. Exterior displays, window displays, and signage. Exterior display, exterior signage, advertisement, or other exterior indication of a home business is prohibited. No items may be displayed in windows which are for sale on the premises. I. Deliveries and pick-ups. Home businesses may receive up to four deliveries and pick-ups per day for the receiving or shipping of goods produced or used on site. This allotment is in addition to the number of allowed client visits determined by this Unified Development Ordinance and/or the City Council. J. Authorization and Enforcement. The Zoning Administrator shall make the final determination as to whether a proposed home business constitutes and Allowable Home Occupation or a Conditional Home Occupation. 8. COORDINATING DIMENSIONAL STANDARD AMENDMENTS Section 35-5000. DEVELOPMENT STANDARDS AND INCENTIVES. Section 35-5100. DIMENSIONAL STANDARDS SUMMARY. Dimensional Standards Lot Dimensions (Minimum, only for lots created after the effective date), in feet (ft) unless noted. Zoning Districts R1 R2 R3 R4 R5 MX- N1 MX- N2 MX-C TOD C MX- B I O Lot area (SF/Unit) 9,500 (Interior ) 10,500 (Corner ) 7,600 (One- family Interior), 8,500 (one- family corner), 5,000 (two- family) 4,000 2,200 1,400 -- -- Minimum 2 Acres Contiguous Parcel for Residential Use 2,000 ft perim eter (max) -- -- -- -- Density (Units/Acre) 3-5 3-10 5-15 10-25 20-31 15-31 15-31 10-60 31 – 130 -- -- -- -- Maximum size of individual non- residential use -- -- -- -- -- 7,500 SF 10,000 SF -- -- -- -- -- -- Primary Dwelling Width and Depth (minimum) 18 18 Lot width (Interior) 75 60 (one- family) 75 (two- 25 100 100 -- -- 100 -- 100 100 100 -- Commented [GM9]: Added comment regarding term of measurement since I just realized we don’t actually note it. Formatted Table Commented [GM10]: Added new row to address the minimum “Primary Dwelling Width and Depth (minimum) language we added in 35-2201 and 35-2202. family Lot width (Corner) 90 75 (one- family) 90 (two- family) 25 100 100 -- -- 100 -- 100 100 100 -- Setbacks (Principal Structure) Front build-to line -- -- -- -- -- 5-20 5-20 -- 0-10 -- -- -- -- Front (Interior) 35 35 35 35 35 NA NA 10 NA 35 35 35 -- Secondary Front (Corner) 15 15 15 35 35 5-20 5-20 10 0-10 35 35 35 -- Side (Interior) 10 10 10 10 10 10 10 10 10 - 50 10 10 10 -- Rear 25 20 40 40 40 20 10 20 10 - 50 40 25 25 -- Additional Standards Impervious surface coverage (maximum) -- -- -- -- 80% 80% 80% 80% 85% 80% -- -- -- Primary structure height (maximum) 25 30 25 30 35 40 48 48 48 NA NA 40 NA 48 -- Accessory structure height (maximum) 16 16 16 16 16 20 20 20 20 16 16 16 -- Dimensional Standards Lot Dimensions (Minimum, only for lots created after the effective date) Zoning Districts R1 R2 R3 R4 R5 MX- N1 MX- N2 MX-C TOD C MX-B I O Accessory structure setback, Interior side or rear (minimum) 5 5 5 5 5 5 5 5 5 5 5 5 5 Accessory structure setback, corner side or front Not Allowed, unless less than required lot width, then N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Formatted Table Formatted Table Formatted: Strikethrough Formatted: Strikethrough (minimum) 15 9. COMMERCIAL VEHICLE AMENDMENTS Section 35-5500. PARKING AND DRIVEWAYS. Section 35-5512. COMMERCIAL VEHICLES PARKED IN R1 AND R2 DISTRICTS. For each dwelling unit, off-street parking of not more than one licensed and operable commercial motor vehicle is permitted provided that: a. Any such vehicle must be operated by a resident of that dwelling unit. b. Such parking is only permitted in a garage, driveway or improved hard surface in accordance with the requirements of the UDO Section 35-2200 and 2202 for R1 and R2 districts. c. Only class 1-4 vehicles may occupy off-street parking space in R1 and R2 districts, as defined by the Minnesota Department of Transportation’s vehicle classification scheme. d. Under no circumstances shall a semi-truck or tractor-trailer combination be parked or stored off-street in an R1-R24 District. 10. FENCE STANDARDS Section 35-5600. LANDSCAPING, SCREENING, AND FENCES. Section 35-5609. FENCES. Fences may be erected, placed, or maintained along or adjacent to a lot line. The fence owner shall be responsible for properly locating all property lines before fence construction. a. PERMIT REQUIRED. 1) For fences located in any district which are six (6) feet in height or greater, Aa permit is required before any work may commence on the installation of a fence. b. FENCE STANDARDS. 1) Allowable heights in residential districts. A. Front yard. No fence shall exceed four (4) feet in height at the front property lines. Formatted: Font: (Default) Times New Roman, 12 pt B. No fence shall exceed six (6) feet in height at the side and rear property lines. C. No fence shall encroach within the Clear View Triangle, unless otherwise permitted by the Zoning Administrator. 2) Allowable heights in MX-B and I districts. A. Front yard. A non-opaque fence shall not exceed eight (8) feet in height at the front property line. 3) Clear view triangle, visual obstructions, and vehicle queuing. No fence shall encroach within the Clear View Triangle, as defined in Section 35-9000, unless otherwise permitted by the Zoning Administrator. Additionally, any proposed fence shall be set back a sufficient district from sidewalks and rights-of-way to ensure adequate space and safety for pedestrians and adequate space for vehicles entering the property through a gate or other entry through the fence. 2)4) Permitted materials. A. Fences shall be constructed of wood, metal, bricks, masonry or other similar materials, designed for permanent fencing. Fences constructed of wood shall be resistant to decay. Fences on a single property may not be constructed of more than two different materials. All fence materials shall be uniform in color with the exception of minimal hardware and fasteners, including screws, and gate hinges and latches. 3)5) Prohibited materials. A. Fences shall not be constructed of electrically charged wire, barbed wire, razor wire, or other similar materials not specifically manufactured for permanent fencing. B. Any materials not listed here should be considered prohibited unless approval is provided by the Zoning Administrator. 4)6) Posts and supporting members. A. All fence posts and related supporting members of the fence shall be erected so that the finished side or sides of the fence face the adjacent property or public right-of- way. 5)7) Maintenance. A. Every fence and retaining wall on or adjacent to residential property shall be kept well maintained and in good repair. A. Commented [HJM11]: This isn’t a fence standard. It should probably go elsewhere. Commented [GM12R11]: We can get rid of this line—it was more of a cross reference for anyone considering outdoor storage/fencing. Formatted: Not Highlight 11. PUBLIC HEARING SIGNAGE AMENDMENTS Section 35-7500. PUBLIC HEARINGS. Section 35-7501. CONTENT OF NOTICE. For all applications for review that are subject to public notice requirements under this UDO or any applicable law or rule, public hearings shall be noticed, scheduled, held, and decided pursuant to this UDO and applicable law. Notices for public hearings, whether by publication or mail, shall, at a minimum: a. Identify the address or location of the property subject to the application and the name of the applicant or the applicant’s agent; b. Indicate the date, time, and place of the public hearing; c. Describe the land involved by street address, legal description, or the nearest cross street and project area (size); c. d. Describe the nature, scope, and purpose of the application or proposal; e. Identify the location (e.g., city hall) where the public may view the application and related documents; f. Include a statement that the public may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application; g. Include a statement describing where written comments will be received prior to the public hearing; and h. If applicable, indicate the date of the city council meeting at which the application will be considered. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Failure of a party to receive written notice shall not invalidate subsequent action. When the records of the City document the publication, mailing, and posting of notices as required by this Section, it shall be presumed that notice of a public hearing was given as required by this Section. Section 35-7502. TIMING OF NOTICE. Unless otherwise expressly provided in state law or this UDO, notice, when required, shall be published in the official newspaper of the City at least ten (10) days prior to the day of the hearing. The notice shall also be posted on the City’s website and any social media accounts. Section 35-7503. MAILED NOTICE. When the provisions of state law or this Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Normal, No bullets or numbering UDO require that notice be mailed, the Zoning Administrator shall prepare and mail the written notice at least ten days before the day of the public hearing to each owner of property situated wholly or partly within 350 feet of the outer boundaries of the subject property. For the purpose of giving mailed notice, the Zoning Administrator 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 Zoning Administrator 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 has been made. Section 35-7504. SIGN NOTICE. When an zoning application involves changes in district boundaries affecting an area of five acres or more, a change of a zoning district, or construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, the City shall property owner must post a public notice sign on the subject property, in coordination and with the consent of the property owner, and in accordance with the following: a. Public notice signs shall be posted on any property subject to the public hearing provisions. Public notice signs shall be installed by the owner of the property for which the public hearing is required. b.a. DISPLAY PERIOD. Public notice signs shall be installed on the subject property no less than ten days prior to an established public hearing date, and shall be removed no more than seven days following application determination by City Council. c.b. Public notice signs shall be posted according to the following standards: 1) Number. One sign shall be posted along each public street frontage. 2) Location. Whenever practical, signs shall be set back ten (10) feet from a public street right- of-way and positioned in a manner to best inform the vehicle and pedestrian traffic, without creating a safety hazard. 3) Size and Content. All public notice signs shall be of adequate size and design to be clearly visible and legible to passing vehicles and pedestrians. At a minimum, a public notice sign shall notify the public of the subject of the public hearing and provide the public with contact information for any questions or comments relating to the subject of the public hearing specify the time, date and location of the scheduled public hearing, the general nature of the hearing, and a phone number for the Zoning Administrator for additional information. 4) All sign content, location, and size must be reviewed and approved in writing by the Zoning Administrator. 12. DEFINITIONS Section 35-9200. DEFINITIONS AND TERMS OF MEASUREMENT. Height of Structure. The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest adjoining ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. Home Occupation, Allowable. Subject to the further limitations of Section 35-4402 (d) of the UDO, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, dressmaking, secretarial services, professional services, answering services, individual music or art instruction, individual hobby crafts, and unlicensed day care and similar activities. Licensed Day Care Facility. A facility required to be licensed by the state, county or City that provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than 24 hours per day, in a place other than the person’s own dwelling unit. Licensed day care facilities include but are not limited to: family day care homes, group family day care homes, day care centers, drop-in and school age child care homes, day nurseries, nursery schools, developmental achievement centers, day treatment programs, adult day care centers, and day services as defined by Minnesota State statutes. Residential day care facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes related to sex offenses may not be considered a licensed residential day care facility. Licensed Residential Facility (Group Home). A facility required to be licensed by the state or county that provides one or more persons with 24 hour per day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation or treatment that cannot be furnished in the person’s own home. Licensed residential facilities (group homes) are limited to those facilities licensed or regulated by the Department of Human Services or the Department of Health. This does not include licensed facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes related to sex offenses or facilities licensed by the Department of Corrections. Crystal irport Zoning Ordinance Adopted November 8, 2023 Adopted by the Crystal Airport Joint Airport Zoning Board Contact Person: Crystal Joint Airport Zoning Board c/o Rebecca Townsend, JAZB Secretary Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, Minnesota 55450 1 Table of Contents 2 SECTION I. PURPOSE AND AUTHORHY........................................................................... 1 3 SECTION II. TTTLE AND SHORTTTTLE..............................................................................2 4 SECTION III. DEFINmONS AND RULES OF CONSTRUCTION ............................................... 2 5 SECTION IV. AIRSPACE OBSTRUCHON ZONING.................................................................6 6 SECTION V. LAND USE ZONING .......................................................................................9 7 SECTION VI. AIRPORT ZONING LIMITS AND CRYSTAL AIRPORT ZONING MAP.................... 10 8 SECTION VII. NONCONFORMING USES............................................................................. 10 9 SECTION VIII. AIRPORT ZONING PERMITS......................................................................... 11 10 SECTION IX. VARIANCES................................................................................................ 13 11 SECTION X. HAZARD MARKING AND LIGHTING .............................................................. 14 12 SECTION XI. ZONING ADMINISTRATOR........................................................................... 14 13 SECTION XII. BOARD OF ADJUSTMENT............................................................................ 15 14 SECTION XIII. APPEALS.................................................................................................... 16 15 SECTION XIV. JUDICIAL REVIEW ...................................................................................... 17 16 SECTION XV, PENALTIES AND OTHER REMEDIES.............................................................. 18 17 SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES............................... 18 18 SECnON XVII. SEVERABILnY............................................................................................ 19 19 SECTION XVIII. EFFECHVE DATE........................................................................................ 19 20 EXHIBFT A - AIRPORT BOUNDARY...................................................................................... 21 21 EXHIBFT B -JAZB LAND USE ZONE I...................................................................................... 22 22 EXHIBFTC-JAZB LAND USE ZONE 2...................................................................................... 23 23 EXHIBFT D - AIRPORT BOUNDARY AND AIRSPACE ZONING LIMITS .......................................... 24 24 EXHIBFT E - AIRPORT BOUNDARY AND AIRSPACE CONTOURS ................................................. 25 25 EXHIBFT F - AIRPORT BOUNDARY AND LAND USE ZONING LIMFTS........................................... 26 26 27 AIRSPACE ZONES, INDD< SHEET AND PLATES A- A2TOA - F6................................................ 27 28 MAXIMUM CONSTRUCTION HEIGHTS WFTHOUT PERMFT, INDEX SHEET AND PLATES MCH - A2 29 TO MCH - F6 ................................................................................................................. 62 30 SAFETY ZONES, INDEX SHEET AND PLATES SZ - A2 TO SZ - F6 ................................................ 97 Crystal Airport Zoning Ordinance Page i CRYSTAL AIRPORT ZONING ORDINANCE ADOPTED BY THE CRYSTAL AIRPORT JOINT AIRPORT ZONING BOARD AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINHY OF THE CRYSTAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICHONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS; REFERRING TO THE CRYSTAL AIRPORT ZONING MAP; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; IMPOSING PENALTIES; AND SUPERSEDING ALL PRIOR CRYSTAL AIRPORT ZONING ORDINANCES. I THEREFORE, TT IS HEREBY ORDAINED BY THE CRYSTAL AIRPORT JOINT AIRPORT ZONING BOARD PURSUANT TO THE AUTHORHY CONFERRED BY MINNESOTA STATUTES §§ 360.061 - 360.074, THAT THE CRYSTAL AIRPORT ZONING ORDINANCE BE EFFECHVE AS FOLLOWS: SECTION I. PURPOSE AND AUTHORITY The CRYSTAL Airport Joint Airport Zoning Board, created and established by joint action of the Metropolitan Airports Commission and the Cities of Crystal, Brooklyn Park, Brooklyn Center, Minneapolis, New Hope, and Robbinsdale, pursuant to the provisions and authority of Minnesota Statutes § 360.063, hereby finds and declares that: A. An Airport Hazard endangers the lives and property of users of the Airport and property or occupants of land in its vicinity, and also may reduce the size of the area available for the landing, takeofF, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Airport and the public investment therein. B. The creation or establishment of an Airport Hazard is a public nuisance and an injury to the region served by the Airport. C. Rir the protection of the public health, safety, order, convenience, prosperity, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of Airport Hazards. Crystal Airport Zoning Ordinance Page 1 D. The prevention of these Airport Hazards should be accomplished, to the extent legally possible, by the exercise of police power without compensation. E. The elimination or removal of existing land uses or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible, consistent with reasonable standards of safety. F. In addition, the social and economic costs of disrupting land uses around the Airport often outweigh the benefits of a reduction in Airport Hazards, requiring a balance between the social and economic costs to surrounding communities and the benefits of regulation. G. Preventing the creation or establishment of Airport Hazards and eliminating, removing, altering, mitigating, or marking and lighting of existing Airport Hazards are public purposes for which political subdivisions may raise and expend public funds, levy assessments against land, and acquire land and property interests therein. SECTION II. TITLE AND SHORT TTTLE This ordinance shall be known as the "Crystal Airport Zoning Ordinance." SECTION III. DEFINITIONS AND RULES OF CONSTRUCTION A. Definitions. As used in this Crystal Airport Zoning Ordinance, unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and phrases in the following list of definitions shall have the meanings indicated. All words and phrases not defined shall have their common meaning. 1. Airport. "Airport" means Crystal Airport located in Hennepin County, Minnesota. 2. Airport Boundary. "Airport Boundary" means the boundary shown on Exhibit A - Air ort Bounda , attached hereto and made a part hereof. 3. Airport Hazard. "Airport Hazard" means any Structure, Tree, or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the Airport; and, any use of land that is hazardous to Persons or property because of its proximity to the Airport. 4. Airport Zoning Permit. "Airport Zoning Permit" means zoning permits as required under Section VIII. Crystal Airport: Zoning Ordinance Page 2 5. Airspacx Surfaces. "Airspace Surfaces" means the surfaces established in Section IV.A. 6. Airspace Zones. "Airspace Zones" means the land use zones established in Section IV.A. 7. Board of Adjustment. "Board of Adjustment" means the body established in Section XII, 8. Commissioner. "Commissioner" means the Commissioner of the Minnesota Department of Transportation or, if either the position of Commissioner or the Minnesota Department of Transportation shall no longer exist or serve its present functions, such successor state official or officials or entity or entities as shall either singularly or collectively perform or serve such functions. 9. Crystal Airport Zoning Map. "Crystal Airport Zoning Map" means the Cr/stal Airport Zoning Map as defined in Section VI.C. 10. Effective Date. "Effective Date" means the effective date set forth in Section XVIII. 11. Existing. "Existing" means the current layout of the airport environment, including alignment, location, and length of each runway at Crystal Airport at the time this Crystal Airport Zoning Ordinance on the Effective Date. 12. FAA. "FAA" means the Federal Aviation Administration or, if the Federal Aviation Administration shall no longer exist or serve its present functions, such successor federal entity or entities as shall either singularly or collectively perform or serve such functions. 13. FAA 7460 Obstruction Evaluation. Established FAA process for conducting aeronautical studies conducted under the provisions of Title 14 CFR, Part 77 (for proposed construction or alteration) or Federal Aviation Act of 1958 (for existing structures), or any successor to this process. 14. Lot. "Lot" means a designated parcel, tract, or area of land established by plat or subdivision, or otherwise permitted by law. 15. Noncon forming Structure. "Nonconforming Structure" means any Structure in existence in any Airspace Zone or Land Use Zone but not conforming to the provisions of this Crystal Airport Zoning Ordinance on the Effective Date. Crystal Airport Zoning Ordinance Page 3 16. Nonconforming Use. "Nonconforming Use" means any use of land in existence in any Airspace Zone or Land Use Zone but not conforming to the provisions of this Crystal Airport Zoning Ordinance on the Effective Date. 17. Person. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. 18. Runway. "Runway" means any existing surface of the Airport which is specifically designated and used to be used for the landing and/or taking off of aircraft. The individual Runways at the Airport are defined in this Crystal Airport Zoning Ordinance based on the compass heading of landing and departing aircraft. 19. Runway 14-32. "Runway 14-32" means the existing 3,750-foot non- precision primary runway. The Runway 14 end is within the City of Brooklyn Park, and the Runway 32 end is within the City of Crystal. 20. Runway 6L-24R. "Runway 6L-24L" means the existing 2,500-foot visual crosswind runway. Both the Runway 6L and 24R ends are within the City of Crystal, 21. Runway 6R-24L "Runway 6R-24L" means the existing 1,669-foot visual crosswind runway. Both the Runway 6R and 24L ends are within the City of Crystal. 22. Runway Protection Zone. "Runway Protection Zone" means a zone mandated by FAA regulations that is longitudinally centered on the extended centerline at each end of Runways 14-32, 6L-24R and 6R-24L, whose inner edge is at the same width and elevation as, and coincides with, the end of the Primary Surfaces for Runway 14-32 (500 feet), Runway 6L-24R (250 feet), and Runway 6R-24L (250 feet). The Runway 14-32 protection zone extends outward a horizontal distance of 1,000 feet, expanding uniformly to a width of 700 feet. Runways 6L-24R and 6R-24L have protection zones extending outward a horizontal distance of 1,000 feet, expanding uniformly to a width of 450 feet. 23. Land Use Zones. "Land Use Zones" means the land use zones established in Section V.A. Crystal Airport: Zoning Ordinance Page 4 24. School. "School" means any private or public educational institution for people in kindergarten through grade 12 and any private or public day care or pre-school facility that enrolls more than 50 children. 25. Slope. "Slope" means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude. lope = 3:1 = 3ft. horizontal to 1 ft. vertical 26. Structure. "Structure" means anything anchored, attached, built, constructed, erected, gathered, located, placed, or piled on the ground or in or over a water body, whether temporary or permanent, moveable or immovable, including antennae, buildings, canopies, cranes, decks, derricks, docks, edifices, equipment, fences, overhead transmission lines, patios, piers, piles, ponds, posts, roadways, signs, smokestacks, towers, utility poles, wires, and anything attached to any of the foregoing either temporarily or permanently. 27. Tree. "Tree" means any object of natural growth. 28. Zoning Administrator. "Zoning Administrator" means the public oflFicial in each affected municipality as set forth in Section XI.B. B. Rules Of Construction. In the construction of this Crystal Airport Zoning Ordinance, the following rules shall be observed and applied, except where the context clearly indicates otherwise. 1. Computing Time. In computing the period of time within which an act may or must be done, the first calendar day from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. 2. Conflicts Between Ordinance Provisions. If a provision of this Crystal Airport Zoning Ordinance conflicts with any other provision of this Crystal Airport Zoning Ordinance, the more restrictive provision shall prevail. 3. Height. "Height" shall be expressed as elevation in feet above Mean Sea Level, North American Vertical Datum, 1988 Adjustment, except in reference Crystal Airport Zoning Ordinance Page 5 i n 1 0 is « co en I ^ ^ ^ ^ < < isy^i nI i f ro r ^ § f i ^ ^ 0 OJ s. . g ^ B ^ n^(Ua j . y u s II<u 15 I X .11. ^ I t ^ § t i ^ g§E 2 §> *2 i i i I D INM ^ «- e n THiI < . 11 ^ s ^ ^ 3 a : > t £ ( Z £ §. ^(au" >CMiEc3(UI s§§. 11 § s (U v^<u ^ j<u (^^£ <u ^4 3 's§1v^ }<u £U) (0(U^aj £ £ . "8^ I s&( D £ i nI£v Ists. r s l m I^ ID!§II. i*II.sI 5. Conical Surface. An imaginary surface extending upward and outward from the periphery of the Horizontal Surface at a Slope of 20 to 1 for a horizontal distance of 4,000 feet as measured radially outward from the periphery of the Horizontal Surface. 6. Conical Zone. All that land which lies directly under the Conical Surface. 7. Approach Surface. An imaginary surface longitudinally centered on the extended centerline at each end of Runways 14-32, 6L-24R, and 6R-24L. The inner edge of this surface is at the same width and elevation as, and coincides with, the end of the Primary Surface. For Runways 14-32, 6L-24R, and 6R- 24L, this surface inclines upward and outward at a Slope of 20 to 1 for a horizontal distance of 5,000. For Runway 14-32, the outer width of this surface is 2,000 feet. For both Runways 6L-24R and 6R-24L, the outer width of this surface is 1,250 feet. 8. Approach Zone. All that land which lies directly under an Approach Surface. 9. Transitional Surface. An imaginary surface extending upward and outward at right angles to the centerline and extended centerline of Runways 14-32. 6L-24R, and 6R-24L at a Slope of 7 to 1 from both sides of each Primary Surface and from both sides of each Approach Surface of Runway 14-32, 6L-24R, and 6R-24L until it intersects the Horizontal Surface or the Conical Surface. 10. Transitional Zone. All that land which lies directly under a Transitional Surface. B. Height Restrictions. D<cept as otherwise provided in this Crystal Airport Zoning Ordinance, and except as necessary and incidental to Airport operations, the following height restrictions shall apply. Where a Lot is beneath more than one Airspace Surface, the height of the more restrictive (lower) Airspace Surface shall control. 1. Structures. No new Structure shall be constructed or established; and no existing Structure shall be altered, changed, rebuilt, repaired, or replaced in any Airspace Zone so as to project above any Airspace Surface. Nor shall any equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface. 2. Trees. No Tree shall be allowed to grow or be altered, repaired, replaced, or replanted in any Airspace Zone so as to project above any Airspace Surface. Crystal Airport Zoning Ordinance Page? Nor shall any equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface. a. Public Nuisance; Order. If the whole or any part of any Tree shall be determined to be an Airport Hazard by the FAA, or any successor entity, after proper investigation, the Zoning Administrator may issue an order in writing for the owner or owners, agent or occupant of the property upon which such hazardous tree is located, to forthwith cause such hazardous tree, or portion thereof if the removal of a portion will remove the hazard, to be taken down and removed. b. Notice. Said order is to be mailed to the last known address of the owner, agent or occupant and shall be accompanied by a notice setting forth the authority to remove such hazardous Tree at such owner's, agent's or occupant's expense in the event such owner, agent or occupant fails to comply with or file a notice of appeal from said order within 10 days of mailing. The notice shall include instructions for filing a notice of appeal from said order. c. Removal. If within 10 days after said order has been mailed, as above provided for, the owner or owners, agent or occupant of the property upon which such hazardous Tree is located neglects or refuses to comply with said order, or has failed to file a notice of appeal from said order with the Zoning Administrator, then the Administrator or its designee(s) may enter upon said premises and take down or remove said tree or portion thereof declared to be hazardous, and to do any and all things which in his opinion may be necessary for the protection of life, limb or property. d. Assessment of Expense. If, after the notice hereinbefore provided for has been given, the owner, agent or occupant has failed to remove such hazardous tree or portion thereof, and it becomes necessary for the Zoning Administrator to remove same, the Zoning Administrator or its designee shall mail a statement of the expense of such removal to the owner, agent or occupant of the property from which such tree or portion thereof has been removed, and if within 30 days therefrom the owner, agent or occupant has not remitted to the Zoning Crystal Airport Zoning Ordinance Page8 Administrator for the expense incurred by the Zoning Administrator in said removal, the Zoning Administrator or its designee may forthwith recover the amount of such expense from the owner or owners of said property in any civil court of competent jurisdiction, in the manner provided by law. C. FAA 7460 Obstruction Evaluation. All construction of new Structures or alteration of existing Structures in an Airspace Zone shall comply with the requirements for filing notice to the FAA under the FAA 7460 Obstruction Evaluation process. SECTION V. LAND USE ZONING A. Land Use Zones. In order to carry out the purpose of this Crystal Airport Zoning Ordinance, as set forth in Section I., the following Land Use Zones are hereby established, subject to the land use zoning limits in Section VI. B. 1. Land Use Zone 1. Designated land, the extents of which are shown in Exhibit B. Land Use Zone 1 overlies the Runway Protection Zones. 2. Land Use Zone 2. All land enclosed within the perimeter of the Horizontal Zone, as shown in Exhibit C, except that land within Land Use Zone 1. B. Land Use Restrictions. 1. General Restrictions. Subject at all times to the height restrictions set forth in Section IV.B. and the FAA 7460 Obstruction Evaluation process, no use shall be made of any land in any of the Land Use Zones that creates or causes interference with the operations of radio or electronic facilities at the Airport or with radio or electronic communications between Airport and aircraft, makes it difficult for pilots to distinguish between Airport lights and other lights, results in glare in the eyes of pilots using the Airport, impairs visibility in the vicinity of the Airport, is deemed a "hazard" to air navigation by FAA or MNDOT as part of an FAA 7460 Obstruction Evaluation, or otherwise endangers the landing, taking ofF, or maneuvering of aircraft. 2. Land Use Zone 1 Restrictions. Subject at all times to the height restrictions set forth in Section IV. B. and to the general restrictions contained in Section V.B.l., areas designated as Land Use Zone 1 for each end of Runways 14-32, 6L-24R, and 6R-24L shall contain no buildings, exposed high- voltage transmission lines, or other similar land use structural hazards, and Crystal Airport Zoning Ordinance Page 9 3. shall be restricted to those uses which will not create, attract, or bring together a dense, confined assembly of persons thereon. Permitted uses may include, but are not limited to, such uses as agriculture (seasonal crops), horticulture, animal husbandry, wildlife habitat, light outdoor recreation, cemeteries, roadways and vehicle parking, railroads, and other approved aeronautical uses. Where Land Use Zone 1 overlies the Runway Protection Zone, land uses and Structures within the Runway Protection Zone will be governed by Federal laws and regulations or by FAA advisory circulars, orders, or guidance. Land Use Zone 2 Restrictions. No land use in Land Use Zone 2 shall violate the height restrictions set forth in Section IV.B. or the general restrictions contained in Section V.B.l. SECTION VI. AIRPORT ZONING LIMITS AND CRYSTAL AIRPORT ZONING MAP A. Airspace Zoning Limits. Exhibit D - Air art Bounda and Airs ace Zonin Limits and Exhibit E - Air art Bounda and Airs ace Contours, attached hereto and made a part hereof, show these limits. B. Land Use Zoning Limits. Exhibit F - Air ort Bounda and Land Use Zonin Limits, attached hereto and made a part hereof, shows these limits. C. Crystal Airport Zoning Map. The locations and boundaries of the Airspace Surfaces, Airspace Zones, Land Use Zones, and the Maximum Construction Heights without an Airport Zoning Permit established by this Crystal Airport Zoning Ordinance are set forth on the Crystal Airport Zoning Map consisting of 102 plates - Airs ace Zones Plates A-A2 to A-F6; Maximum Construction Hei hts Without Permit Plates MCH-A2 to MCH-F6; and Land Use Zones Plates SZ-A2 to SZ-F6 prepared by the Metropolitan Airports Commission, attached hereto and made a part hereof. These plates, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, heights, data, surface and zone boundaries, and other information thereon, shall be and the same are hereby adopted as part of this Crystal Airport Zoning Ordinance. SECTION VII. NONCONFORMING USES A. Crystal Airport Zoning Ordinance. The provisions of this Crystal Airport Zoning Ordinance shall not be construed to require the removal, lowering, other change, or Crystal Airport Zoning Ordinance Page 10 alteration of any Nonconforming Structure or Tree, or otherwise interfere with the continuance of any Nonconforming Use. Nonconforming Structures and Nonconforming Uses are permitted under this Crystal Airport Zoning Ordinance, subject to the provisions in Section VIII. (Airport Zoning Permits) and Section IX. (Variances). Nothing herein contained shall require any change in the construction, alteration, or intended use of any Structure, the construction or alteration of which was begun prior to the Effective Date, and was diligently prosecuted and completed within 2 years of the Effective Date. SECTION VIII. AIRPORT ZONING PERMITS A. Permit Required. The following activities shall not take place on a Lot in any Airspace Zone or Land Use Zone unless an Airport Zoning Permit shall have been granted therefore by the Zoning Administrator for the jurisdiction in which the Lot is located. 1. Existing Structures. Except as specifically provided in Section VIII.B., no existing Structure shall be altered, changed, rebuilt, repaired, or replaced. 2. New Structures. Except as specifically provided in Section VIII.B., no Structure shall be newly constructed or otherwise established. 3. Noncon forming Structures. No Nonconforming Structure shall be replaced, substantially altered or repaired, or rebuilt. B. Exception To Permit Requirement. 1. Maximum Construction Height Without A Permit. No Airport Zoning Permit shall be required for an existing Structure to be altered, changed, rebuilt, repaired, or replaced on a Lot, or for a new Structure to be constructed or otherwise established on a Lot, if the highest point on the Structure or on any equipment used to accomplish any of the foregoing activities, whichever is higher (measured in feet from curb level or from natural grade at a point 10 feet away from the front center of the Structure, whichever is lower) does not exceed the "maximum construction height above ground without an Airport Zoning Permit" shown for the Lot on the applicable Maximum Construction Hei hts Without Permit Plate in the Crystal Airport Zoning Map. 2. /Vo Violation Of Height Or Land Use Restriction Permitted. Nothing in this Section VIII.B. shall be construed as permitting or intending to permit a Crystal Airport Zoning Ordinance Page 11 violation or a greater violation of any provision of this Crystal Airport Zoning Ordinance. C. Permit Application. An Airport Zoning Permit application for activities on a Lot shall be made in the manner and on the form established by the Zoning Administrator of the jurisdiction in which the Lot is located as designated in Section XI.B. D. Permit Standard. An Airport Zoning Permit shall be granted unless the Zoning Administrator determines that granting the permit (1) would allow a conforming Structure or use to violate any provision of this Crystal Airport Zoning Ordinance or (2) would permit a Nonconforming Structure or a Nonconforming Use to become a greater violation of any provision of this Crystal Airport Zoning Ordinance. Any Airport Zoning Permit may be granted subject to any reasonable conditions that the Zoning Administrator may deem necessary to effectuate the purpose of this Crystal Airport Zoning Ordinance. In making any determination, the Zoning Administrator need not give public notice of, or hold a public hearing on, the Airport Zoning Permit application or the determination. E. Abandoned Or Deteriorated Nonconforming Uses. Whenever a Zoning Administrator determines that a Nonconforming Structure, Nonconforming Use, or Tree has been abandoned or more than 80% torn down, deteriorated, or decayed, no Airport Zoning Permit shall be granted that would allow such Nonconforming Structure, Nonconforming Use, or Tree to exceed the height restrictions of Section IV.B. or otherwise violate any provision of this Crystal Airport Zoning Ordinance. Whether application is made for an Airport Zoning Permit or not, a Zoning Administrator may order the owner of the abandoned, torn down, deteriorated, or decayed Nonconforming Structure, Nonconforming Use, or Tree at the owner's expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this Crystal Airport Zoning Ordinance. In the event the owner shall neglect or refuse to comply with such order for 10 days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the Nonconforming Structure, Nonconforming Use, or Tree lowered, removed, reconstructed, or equipped and assess the cost and expense thereof against the land on which the Nonconforming Structure, Nonconforming Use, or Tree is, or was, located. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per Crystal Airport Zoning Ordinance Page 12 SECTION IX. A. B. c. annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes, all as authorized by Minnesota Statutes § 360.067. VARIANCES Variance Application. Any Person desiring to use his or her property in violation of any provision of this Crystal Airport Zoning Ordinance, whether to construct or establish a new Structure; to alter, change, rebuild, repair, or replace an existing Structure; to allow a Tree to grow higher; to alter, repair, replace, or replant a Tree; or to otherwise use his or her property in violation of any provision of this Crystal Airport Zoning Ordinance, may apply to the Board of Adjustment for a variance from such provision. A variance application shall be made by sending the application on the form provided by the Board of Adjustment by certified United States Mail to (1) the members of the Board of Adjustment and (2) the Board of Adjustment at the mailing address specified in Section XII.C. The applicant shall also mail a copy of the application by regular United States Mail to the Zoning Administrator of the jurisdiction in which the Structure or property is located, as designated in Section XI. B. The Board of Adjustment may charge a fee for processing the application. Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the variance within 4 months after the last Board member receives the variance application, the variance shall be deemed to be granted by the Board of Adjustment, but not yet effective. When the variance is granted by reason of the failure of the Board of Adjustment to act on the variance, the Person receiving the variance shall send notice that the variance has been granted by certified United States Mail to (1) the Board of Adjustment at the mailing address specified in Section XII.C. and (2) the Commissioner. The applicant shall include a copy of the original application for the variance with the notice to the Commissioner. The variance shall be effective 60 days after this notice is received by the Commissioner, subject to any action taken by the Commissioner pursuant to Minnesota Statutes § 360.063, subd. 6.a. Variance Standard. A variance shall be granted where it is found that a literal application or enforcement of the provisions of this Crystal Airport Zoning Ordinance would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but do substantial justice and be in accordance Crystal Airport Zoning Ordinance Page 13 with the spirit of this Crystal Airport Zoning Ordinance and Minnesota Statutes Chapter 360. Any variance granted may be granted subject to any reasonable conditions that the Board of Adjustment, or the Commissioner acting under Section IX.B., may deem necessary to effectuate the purpose of this Crystal Airport Zoning Ordinance or Minnesota Statutes Chapter 360. SECTION X. HAZARD MARKING AND LIGHTING A. Nonconforming Structure. The Metropolitan Airports Commission may require the owner of any Nonconforming Structure to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Metropolitan Airports Commission to indicate the presence of the Structure to the operators of aircraft in the vicinity of the Airport. Such markers and lights shall be installed, operated, and maintained at the expense of the Metropolitan Airports Commission. B. Permits And Variances. Any Airport Zoning Permit or variance granted by a Zoning Administrator or the Board of Adjustment may, if such action is deemed advisable to effectuate the purpose of this Crystal Airport Zoning Ordinance and be reasonable in the circumstances, be granted subject to a condition that the owner of the Structure in question permit the Metropolitan Airports Commission, at its expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an Airport Hazard. SECTION XI. ZONING ADMINISTRATOR A. Duties. It shall be the duty of each Zoning Administrator to administer and enforce the provisions of this Crystal Airport Zoning Ordinance. Applications for Airport Zoning Permits shall be made to a Zoning Administrator as provided herein. A Zoning Administrator may charge a fee for processing the application. Airport Zoning Permit applications shall be considered and acted upon by the Zoning Administrator in accordance with the provisions of this Crystal Airport Zoning Ordinance and within the timelines established by Minnesota Statutes § 15.99, as it may be amended. The Zoning Administrator shall remind each applicant that it is the responsibility of the applicant to record any conditions of an Airport Zoning Permit, if required by law. Crystal Airport Zoning Ordinance Page 14 B. Designated Zoning Administrators. For the purpose of this Cr/stal Airport Zoning Ordinance, the Zoning Administrator shall be the official entitled as follows: the Crystal Zoning Administrator for lands located in the City of Crystal; the Brooklyn Park Zoning Administrator for lands located in the City of Brooklyn Park; the Brooklyn Center Zoning Administrator for lands located in Brooklyn Center; the Minneapolis Zoning Admrnistrator for lands located in Minneapolis; the New Hope Zoning Administrator for lands located in New Hope; and the Robbinsdale Zoning Administrator for lands located in Robbinsdale. In the event that 1 or more of the above-described Zoning Administrators fails to administer or enforce this Crystal Airport Zoning Ordinance as provided by law, the Crystal Airport Joint Airport Zoning Board hereby appoints the Metropolitan Airports Commission to administer or enforce this Crystal Airport Zoning Ordinance in the municipality or municipalities. If any ofRcial position designated above as a Zoning Administrator ceases to exist or to perform or serve its present function, the successor position as designated by the applicable entity shall become the Zoning Administrator for that entity and shall perform or serve such functions. SECTION XII. BOARD OF ADJUSTMENT A. Establishment Of Board And Selection Of Chair. There is hereby established a Board of Adjustment that shall consist of 5 members appointed by the Metropolitan Airports Commission, and each shall sen/e for a term of 3 years and until a successor is duly appointed and qualified. Of the members first appointed, 1 shall be appointed for a term of 1) year, 2 for a term of 2 years, and 2 for a term of 3 years. Upon their appointment, the members shall select a chair to act at the pleasure of the Board of Adjustment. Members shall be removable by the Metropolitan Airports Commission for cause, upon written charges, after a public hearing. B. Board Powers. The Board of Adjustment shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by any Zoning Administrator or the Metropolitan Airports Commission in the enforcement of this Crystal Airport Zoning Ordinance and to hear and grant or deny variances. C. Board Procedures. 1. Rules, Meetings, And Records. The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this Crystal Airport Zoning Ordinance. Meetings of the Board of Adjustment shall be held Crystal Airport Zoning Ordinance Page 15 4. at the call of the chair and at such other times as the Board of Adjustment may determine. The chair, or in his or her absence the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the offices of the Metropolitan Airports Commission and the Zoning Administrator of the jurisdiction in which the affected Structure or Lot is located, and shall be a public record. Written Findings And Conclusions. The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in affirming, modifying, or reversing an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission and in granting or denying a variance. Majority Vote Required. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to afPrm, modify, or reverse an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission, to decide to grant or deny a variance, or to act on any other matter upon which the Board of Adjustment is required to pass under this Crystal Airport Zoning Ordinance. Mailing Address. The mailing address for the Board of Adjustment is: Crystal Airport Zoning Ordinance Board of Adjustment c/o Executive Director Metropolitan Airports Commission 6040 28th Avenue South Minneapolis, MN 55450 SECTION XIII. APPEALS A. Who May Appeal. Any Person aggrieved, or any taxpayer affected by any order, requirement, decision, or determination of a Zoning Administrator made in administration of this Crystal Airport Zoning Ordinance may appeal to the Board of Crystal Airport Zoning Ordinance Page 16 Adjustment. Such appeals may also be made by any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an order, requirement, decision, or determination of a Zoning Administrator is an improper application of this Crystal Airport Zoning Ordinance as it concerns such governing body or board. B. Commencement Of Appeals. All appeals hereunder must be commenced within 30 days of a Zoning Administrator's decision by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment the notice of appeal and all papers constituting the record upon which the order, requirement, decision, or determination appealed from was taken. C. Stay Of Proceedings. An appeal shall stay all proceedings in furtherance of the order, requirement, decision, or determination appealed from, unless the Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown. D. Appeal Procedures. The Board of Adjustment shall fix a reasonable time for hearing an appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in Person, by agent, or by attorney. E. Decision. The Board of Adjustment may, in conformity with the provisions of Minnesota Statutes Chapter 360 and this Crystal Airport Zoning Ordinance, affirm or reverse, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of a Zoning Administrator. SECTION XIV. JUDICIAL REVIEW Any Person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment or any action of the Commissioner taken under Minnesota Statutes 360.063, subd. 6 or 6a, or any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that an Crystal Airport Zoning Ordinance Page 17 order, requirement, decision, or determination of the Board of Adjustment or action of the Commissioner is illegal, may seek judicial review as provided in Minnesota Statutes § 360.072. The petitioner must exhaust the remedies provided in this Crystal Airport Zoning Ordinance before availing himself or herself of the right to seek judicial review as provided by this Section XIV. SECTION XV. PENALTIES AND OTHER REMEDIES Every Person who violates any provision of this Crystal Airport Zoning Ordinance, any zoning approval granted hereunder, any condition of any zoning approval granted hereunder, or any order, requirement, decision, or determination of a Zoning Administrator pr the Board of Adjustment shall be guilty of a misdemeanor and shall be punished by a fine, imprisonment, or both of not more than the fine and imprisonment established for misdemeanors by state law. Each day a violation continues to exist shall constitute a separate offense for the purpose of the penalties and remedies specified in this section. This Crystal Airport Zoning Ordinance may also be enforced through such proceedings for injunctive relief and other relief as may be proper under Minnesota Statutes § 360.073, as it may be amended, and other applicable law. SECTION XVI. RELATION TO OTHER LAWS, REGULATIONS, AND RULES A. Compliance Required. In addition to the requirements of this Crystal Airport Zoning Ordinance, all Structures, Trees, and uses shall comply with all other applicable city, local, regional, state, or federal laws, regulations, and rules, including Minnesota Statutes §§ 360.81-360.91 - Regulation Of Structure Heights, Minnesota Rules 8800.1100 - Regulation Of Structure Heights, and 14 Code of Federal Regulations Part 77 - Objects Affecting Navigable Airspace. B. Conflicts With Other Regulations. Where a conflict exists between any provision of this Crystal Airport Zoning Ordinance and any city, local, regional, state, or federal law, regulation, or rule applicable to the same area, whether the conflict be with to the height of Structures or Trees, the use of land, or any other matter, the y-<. if-'r. ... '. -."-... ..^^.T^.. .~'. more stringent law, regulation, or rule shall govern and prevail. C. Current Versions And Citations. All references to city, local, regional, state, and federal laws, regulations, and rules in this Crystal Airport Zoning Ordinance are intended to refer to the most current version and citation. If such references are no longer valid due to repeal or renumbering, the new laws, regulations, or rules intended to replace those cited, regardless of the citation, shall govern. Crystal Airport Zoning Ordinance Page 18 SECTION XVII. SEVERABILITY A. Effect Of Taking. In any case in which the provisions of this Crystal Airport Zoning Ordinance, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular Structure, Lot, or Tree to such an extent, or to be so onerous in their application to such a Structure, Lot, or Tree, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of this Crystal Airport Zoning Ordinance as to other Structures, Lots, and Trees, and, to this end, the provisions of this Crystal Airport Zoning Ordinance are declared to be severable. B. Validity Of Remaining Provisions. Should any section or provision of this Crystal Airport Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Crystal Airport Zoning Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. SECTION XVIII. EFFECTIVE DATE This Cr/stal Airport Zoning Ordinance shall take effect on the 1 ^: day of v c<rMAjcr 2024. Copies thereof shall be filed with the Commissioner and the Registers of Deeds for Hennepin County, Minnesota. Passed and adopted after public hearings by the Crystal Airport Joint Airport Zoning Board this (^ " day of N^ ^. ,202^. Crystal Airport Zoning Ordinance Page 19 I hereby certify that this is a complete, true, and correct copy of the Crystal Airport Zoning Ordinance as adopted by the Crystal Airport Joint Airport Zoning Board on JVp\/eynDe.f~ _Q_, 20^. ^^ Richard Weyrauch, Chair Crystal Airport Joint Airport Zoning Board Date:Wi/ y ^z ^ Rebecca Townsend, Secretary Crystal Airport Joint Airport Zoning Board Date: ^>^ & <^)tS Subscribed and sworn to before me this ^ day of J^s2V£CQb^l_/ 202^ by Richard Weyrauch and Rebecca Townsend, Chair and Secretary respectively, of the Crystal Airport Joint Airport Zoning Board. 3A-a4c of Minnescl-o^ CcarrKj (^ Hennepi rJ /v^ii^^ Notary Public . ?.".'. -- >,.... ^ "w^ "bro. .4^ b &r stt Xl Airprl' JO|A+ Airpori' 2bn/n 'BoOL^ Crystal Airport Zoning Ordinance Page 20 ^ ' 1; t^ - »n d i a r o Av e n u e No r t h j S a3 ^ " ^ , ~ j -? -^ W'W w u e ^ x ^ 6 ' * . | Ky l e Aim m i 8 Nc r t h 3 y) l O N a n u a A V S U " r u 9M 1 Q SS J < K / ^ "\ r ^t I rt h th I2sI§I<51- 1I sr t h I^ . j ^B AV C " > S No r t h ' ^ c. . ^ * s No b t o Av e n u e N ° f f i . ^ :; ^ B r t h 0 Oic w r d Av c n i i e . g pe , <y Ave n u e Np n h CO s ,ic .s's - ' i £ ' ' g ' S f :5 > : i?&- . 3' ^ a / s s i . <i7 ! tI ;s t - r i .. / £ .cI I |: m . i Ft o f r i a Av e n u e No r Ge o i g " Av e n u s No r t h © ^ w w ^ ^ . ^ d II U O N sn u a A V A j s ^ WO N aw s n v l i c n o 'S ' g il U B N a r i u s A V j u a f i a y 11 1 4 0 ) i i - c ^ E 5 " lo s s ® ^ .B!.s- .1 >y - ^ T § ® 8 f f ^ za ^ < " ^ ^ t 6 Av e n u e No r t h -s . s ^< ^ ^ ^ t .s '§ ; ^^ I i l ° - . 2 CO 0sg IIs. i* ,9Iss usuw3IeaIh ^I [ ^ (* ' » ' rt hrt h > ^ \ \ . r (n d i a r a Aw n u s ?.h '1 ^ - . s - \ A Ng b f c Av e n u e No r t h * ^ Oic h a f d Aw n ^ ^ M S3 ^ 1 t l XV W t i IgI 8 /ri ,'- 2 ? - Kv l e A w > " u e N ! t . ^ 1^ 0 . ^ W"'W 6 n u M v * e » l c r i ' I 3 C w " M ai u a f t v au n p 5 > t *K \. aM J Q sa i O f / ^ y a ^ pe, ry A v e n u B N o r t h \ ^ '\ \v < 1 ^ ON aw a r . v ii e n o ^ WJ C ^ ^ V U t . ^o i^ qu o N S n u s A V < J 4 S t f I -I J 1 }. 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MAC Wildlife Area Crystal Airport 864 ft 100 9 44t h Av enue N orth 4 3rd A ven u e N ort h C o u n t y R o a d 8 1 High w ay 10 0 P e r r y A v e n u e N o r t hW e l come A v e n ue N o rt h R e g e n t A v e n u e N o r t h Q u a i l A v e n u e N o r t h O r c h a r d A v e n u e N o r t h Shing l e Creek N e w t o n A v e n u e N o r t h Brookdale Dr ive North H u m b o l d t A v e n u e N o r t h Brookdale Park 850 ft 873 ft PalmerLake 10 100 94 94 6 6 t h A v enue North 5 9 t h A v e n u e N orth B e a r d A v e n u e N o r t h J u n e A v e n u e N o rt h 73rd Avenue No rth H u m b o l d t A v e n u e N o r t h 65thAvenue N orth Mumford Road 60t h A v enue North Ohe n ry Roa d P a l merLak eDr i v eW e s t F r e m ont A v e n u e N o r t h N e w t o n A v e n u e N o rt h 69 th Avenue No rt h 69th A venue N orth Summi t D r i ve County R o ad 10 58th A v e n u e N o r t h 57th Avenue No rt h B r o o k l y n B o u l e v a r d Palmer Lake Env Nature Area Centennial Park Brooklyn Center Middle SchoolBrooklyn Center 860 ft 100 152 S h e r i d a n A v e n u e N o r t h 54th Avenue North G i ra r d A v e n u e N o r th R u s s e l l A v e n u e N o r t h Q u e e n A v e n u e N o r t h 43 r d A v e nue No rth A b b o t t A v e n u e N o r t h X e r x e s A v e n u e N o rt h 55th A v enu e N o r t h 46th A v enue N orth W a s h b u r n A v e n u e N o r t h Twi nLa ke B oule v a r d E a s t Z e n i t h A v e n u e N o r t h 51 s t A venue N o rth 53rd A venue No rth V i n c e n t A v e n u e N o r t h 45 th Av enue N ort h Hu m b o l d t A v e n u e N o r t h F r e m o n t A v e n u e N o rth 4 9th A v e nue N or th T h o m a s A v e n u e N o r t h S h ore l i neD riv e L a k e R o a d U p t o n A v e n u e N o r t h Y o r k A v e n u e N o r t h P e n n A v e n u e N o r t h 44 th A ven u e N o r th H u m b o l d t Ave nu e No r t h L ake D ri v e B r o o k l y n B o u l e v a r d Crystal Lake Cemetery Centerbrook Golf Course Shingle Creek Park Victory Memorial Parkway Robbinsdale CrystalLake 81 I r v i n g A v e n u e N o r t h R u s s e l l A v e n u e N o r t h 36 th Avenue North Yo r k A v e n u e N o r t h G i r a r d A v e n u e N o r t h 37th Avenue North 39th Ave nue North Hum b o l dt A v e nu e N o r t h L o g a n A v e n u e N o r t h K n o x A v e n u e N or t h V i n c e n t A v e n u e N o r t h J a m e s A v e n u e N o r t h W a s hb u r n A v en u e N o r t h U pt o n A v e n u e N o rt h Dowling Ave nue NorthM a j o r A v e n u e N o r th G r i m es A v enu e N o rt h W e st B r o a d w a y N o b l e A v e n u e N o r t h J une A v e n u e N o r t h Lakeview Terrace Park Brookdale D rive Nort h M i s s i s s i ppi La n e N o r t h Missis s i pp i R i v er 252 94 61st A v enue N o r t h D u p o n t A v e n u e N o r t h B r y a n t A v e n u e N o r t h 73rd A ve n ue N ort h 57 th A v enue N ort h Wes t R i v e r R o a d Da l l a s R o a d E astRiv er R oa d N orthea s t Mi s s i s s i p p i R i v e r Mi s si ss ipp i R i ver B r y a n t A v e n u e N o r t h E m e rs o n A v e n u e N o r t h 6 t h S t r e e t N o rt h C o l f a x A v en u e N o r t h C o l f a x Av en u e N or t h C a m d e n A v e n u e N o rt h A l d r i c h A v e n u e N o r t h Ly n d al e A ve nu eNo r th D u p o n t A v e n u e N o r t h 42 nd Av e nue N o r th River Ridge Park Webber Park St Anthony Parkway 35th A ven ue N orth 36t h A v enue No rth 39 th Ave nue N o rth 37th Avenue N orth Dowling Avenue North ROBBINSDALE CRYSTAL FRIDLEY BROOKLYN PARK MINNEAPOLIS %&'(694 %&'(94 %&'(94 GVWX130 GVWX8 GVWX1 GVWX57 GVWX9 GVWX10 GVWX81 GVWX152 ?@A@252 ?@A@100 ?@A@100 Ma p D o c u m e n t : \ \ a r c s e r v e r 1 \ G I S \ B R C N \ _ B a s e m a p \ E S R I \ P r o \ Z o n i n g \ Z o ni n g M a p \ Z o n i n g M a p . a p r x | U s e r n a m e : d a v i d s a | D a t e S a v e d : 2 / 1 / 2 0 24 3 : 4 0 P M Legend City Boundaries Crystal Airport Zoning Overlays JAZB (Joint Airport Zoning Board) Zone 1 JAZB (Joint Airport Zoning Board) Zone 2 Airspace Zoning Limit Zoning Districts R1 : Low Density Residential R2 : Medium Low Density Residential R3 : Medium Density Residential R4 : Medium High Density Residential R5 : High Density Residential MX-N1 : Neighborhood Mixed- Use MX-N2 : Neighborhood Mixed- Use MX-B : Business Mixed Use I : General Industrial MX-C : Commercial Mixed-Use C : Commerce - Service/Office TOD : Transit Oriented Development O : Public Open Space PUD/C1 : Planned Unit Development/Commercial 1 PUD/C2 : Planned Unit Development/Commercial 2 PUD/C1A : Planned Unit Development/Office-Service PUD/I1 : Planned Unit Development/Industrial 1 PUD/R1 : Planned Unit Development/Residential 1 PUD/R3 : Planned Unit Development/Residential 3 PUD/MX-C : Planned Unit Development/Commercial Mixed-Use PUD/MX-B : Planned Unit Development/Business Mixed Use PUDMIXED : Planned Unit Development/Mixed PUD/TOD : Planned Unit Development/Transit Oriented Development 0 1 Miles Source: MnGeo, Hennepin County !I Brooklyn Center Zoning Map Brooklyn Center, MN Airport Zoning Overlays February 2024DRAFT STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION IN THE MATTER OF: Docket No. 191 Order No. 6 44 The approval of zoning regulations for Crystal Airport FINDINGS, CONCLUSIONS AND ORDER FINDINGS 1.The Joint Airport Zoning Board of the Crystal Airport has drafted the "CRYSTAL AIRPORT ZONING O RDINANCE" and supporting record including a detailed analysis that explains how the proposed custom airport zoning regulations addressed the factors listed in Minnesota Statutes, Section 360.0656, Subd. 1 to provide a reasonable level of safety. 2.The Joint Airport Zoning Board of the Crystal Airport provided notice to the commissioner of their intention to establish and adopt a custom airport zoning ordinance under the regulations of Minnesota Statutes, Section 360.0656. 3.A public hearing on the proposed “CRYSTAL AIRPORT ZONING ORDINANCE” was held on April 19, 2023 giving parties in interest and citizens an opportunity to be heard. Notice of thi s hearing was published three times during the period between 15 days and 5 days before the hearing in an official newspaper, a second newspaper of wide circulation in the area affected by the proposed regulations and on the Joint Airport Zoning Board’s website. No notices were published in the legal section of either newspaper. 4.Notice was sent by mail at least 10 days before the hearing to persons and landowners where the location or size of a building, or density of population, will be regulated, and to persons or municipalities that had previously requested such notice. 5.A copy of the notice and a list of the owners and addresses to which the notice was sent was attested to by the responsible person and made a part of the records of the proceedings. 6.The Joint Airport Zoning Board of the Crystal Airport submitted the proposed "CRYSTAL AIRPORT ZONING O RDINANCE" and supporting record to the commissioner for review on June 27, 2023. CONCLUSIONS 1. Adoption of the proposed “CRYSTAL AIRPORT ZONING O RDINANCE” is necessary for both the operation of the Airport and the safety of both the public frequenting that airport and the occupants of land in its vicinity. 2. The proposed “CRYSTAL AIRPORT ZONING ORDINANCE” and supporting record evaluate the criteria under 360.0656, Subd. 1 and provide a reasonable level of safety. 3. A bona fide effort to comply with the requirements of Minnesota Statutes, Section 360.065, Subd. 1, was made prior to the approval of the proposed “CRYSTAL AIRPORT ZONING ORDINANCE ”. Based upon the foregoing Findings and Conclusions, the substantial evidence contained in the record, and the applicable law, the Director of the Office of Aeronautics of the Department of Transportation of the State of Minnesota, issues the following: ORDER The proposed “CRYSTAL AIRPORT ZONING ORDINANCE” is hereby approved. BY ORDER OF THE DIRECTOR OF THE OFFICE OF AERONAUTICS OF THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF MINNESOTA _________________________________ Ryan Ga u g Director Office of Aeronautics Minnesota Department of Transportation D ATE: 1 CRYSTAL AIRPORT JOINT AIRPORT ZONING BOARD In the Matter of Adopting a Crystal Airport Zoning Ordinance FINAL STATEMENT OF LEGAL AUTHORITY, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER The Crystal Airport Joint Airport Zoning Board (the “Crystal JAZB”) convened to consider adoption of a Crystal Airport Zoning Ordinance (“Airport Zoning Ordinance”), which will regulate the use of property and the height of structures and objects of natural growth in the vicinity of the Crystal Airport (“Airport”). The Crystal JAZB, having reviewed and considered the public record before it, intends to adopt the Airport Zoning Ordinance. In support of its action, the Crystal JAZB hereby summarizes its legal authority; and finds, concludes and orders as follows. I.LEGAL AUTHORITY A. State Law: Authority and Purpose of Airport Zoning 1.The general authority to zone around the Airport is established in Minnesota Statutes, sections 360.061 – 360.074 (“Airport Zoning Statute”). 2.In the Airport Zoning Statute, the Minnesota Legislature (“Legislature”) found that airport hazards endanger lives and property of users of an airport and of occupants of land in its vicinity and may reduce the size of the area available for the landing, taking- off, and maneuvering of aircraft, thereby impairing the utility of an airport. See Minn. Stat. § 360.062. 3.The Legislature also found that the social and financial costs of disrupting existing land uses around airports often outweigh the benefits of a reduction in airport hazards. See Minn. Stat. § 360.062. 4.The Legislature then declared that the creation of airport hazards is a public nuisance and an injury to the community served by the airport, and that the creation of airport hazards should be prevented. See Minn. Stat. § 360.062. 5.The Legislature also declared that the elimination or removal of existing land uses is not in the public interest and should be avoided whenever possible consistent with reasonable standards of safety. See Minn. Stat. § 360.062. 6.The Legislature allows airport zoning regulations to regulate in airport hazard areas: (1) land use; (2) height restrictions; (3) the location, size, and use of buildings; and (4) the density of population. See Minn. Stat. § 360.063. 2 B. State Law: Joint Airport Zoning Boards 7. Joint airport zoning boards (“JAZB”) are authorized where “an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality … .” Minn. Stat. § 360.063, subd. 3. 8. JAZBs have the authority to adopt, administer, and enforce airport zoning regulations. See Minn. Stat. § 360.063, subd. 3. 9. The Metropolitan Airports Commission (“MAC”) is recognized as an “owning or controlling municipality” for purposes of the Airport Zoning Statute, and is required to request creation of a JAZB for the Airport. See Minn. Stat. § 360.063, subd. 3. 10. If an invited county or municipality fails to join in creating a JAZB, MAC or a JAZB created without participation by the entity that failed to join, may itself adopt, administer, and enforce airport zoning regulations. See Minn. Stat. § 360.063, subd. 3. 11. If a JAZB fails to adopt airport zoning regulations in accordance with the Airport Zoning Statute, the Minnesota Commissioner of Transportation (“Commissioner”) may adopt airport zoning regulations for the airport. See Minn. Stat. § 360.063, subd. 6. C. State Law: Requirements and Considerations for Airport Zoning Regulations 12. A JAZB may base airport zoning regulations on standards promulgated by the Commissioner, or may develop custom airport zoning regulations after providing notice to the Commissioner. See Minn. Stat. § 360.0655, subd. 1. 13. When developing custom airport zoning regulations, a JAZB must include in the record a detailed analysis explaining how the proposed regulations address the factors set forth in Minn. Stat. § 360.0656, subd. 1(c) to ensure a reasonable level of safety. 14. Airport zoning regulations must be reasonable, and none can impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of the Airport Zoning Statute. See Minn. Stat. § 360.066, subd. 1. 15. The JAZB’s zoning regulations cannot require that any structure or tree that does not conform to the regulations when adopted be removed, lowered, altered, or interfered with, except as provided in Minn. Stat § 360.067. See Minn. Stat § 360.066, subd. 2. D. State Law: Process for Adopting Airport Zoning Regulations 16. The JAZB must hold a public hearing on its proposed zoning regulations. Notice of the public hearing must be provided as described in the Airport Zoning Statute. See Minn. Stat. § 360.065, subd. 1. 17. After the public hearing, the JAZB must submit its proposed zoning regulations to the Commissioner for review. For custom airport zoning regulations, the Commissioner must determine whether the proposed custom regulations and supporting record (1) 3 evaluate the criteria in Minn. Stat. § 360.0656, subd. 1, and (2) provide a reasonable level of safety. See Minn. Stat. § 360.0656, subd. 2. 18. The Commissioner must examine the proposed regulations within 90 days of receipt and report to the JAZB the Commissioner’s approval or objection. The Commissioner may request additional information from the JAZB within the 90-day review period. See Minn. Stat. § 360.0656, subd. 2. 19. The JAZB cannot adopt the proposed custom airport zoning regulations until they are approved by the Commissioner. See Minn. Stat. § 360.0656, subd. 2. 20. If changes are made to the proposed zoning regulations, after the initial public hearing, that alter the regulations placed on a parcel of land, the JAZB must hold a second public hearing before final adoption of the proposed zoning regulations. See Minn. Stat. § 360.065, subd. 1. E. State Law: Incorporation into Local Zoning 21. Airport zoning regulations adopted by a JAZB must be incorporated, administered, and enforced in connection with local comprehensive zoning ordinances applicable to the same area. See Minn. Stat. § 360.064. F. Federal Standards 22. The Federal Aviation Administration (“FAA”) has established airspace safety standards in Federal Aviation Regulation Part 77. 23. FAA has also established standards for the establishment of runway protection zones (“FAA RPZ”). See FAA Advisory Circular 150/5300-13B. 24. There are no federal airport safety land use zoning standards beyond the FAA RPZs. II. FINDINGS OF FACT A. Crystal JAZB 25. Pursuant to Minn. Stat. §360.063, subd. 3, MAC requested formation of the Crystal JAZB in July of 2021. 26. The Crystal JAZB consists of two members each from the City of Crystal, the City of New Hope, the City of Brooklyn Park, the City of Robbinsdale, the City of Minneapolis, as well as two members from MAC. In addition, a chair was elected and appointed by the Crystal JAZB members. 27. The Crystal JAZB conducted its first meeting on October 12, 2021, and met eight times between October 2021 and April 2023 (including once for the public hearing). All meetings of the Crystal JAZB were open to the public. 28. At its February 11, 2022, meeting, the JAZB considered the Airport Zoning Statute, the standards promulgated by the Commissioner, the option to develop custom airport zoning regulations, and features of the Crystal Airport and vicinity land uses. At this meeting, the JAZB elected to pursue custom zoning for the Crystal Airport. 4 29. On March 16, 2022, the JAZB sent notice to the Commissioner that the JAZB elected to establish and adopt custom airport zoning regulations. 30. At its July 13, 2022 and October 12, 2022, meetings, the JAZB considered the custom zoning factors set forth in the Airport Zoning Statute as they apply to the Crystal Airport, including a detailed safety/risk analysis. The JAZB also considered information regarding airspace zoning and land use zoning, including an analysis of accident probabilities in areas surrounding the Airport and the costs and burdens of imposing land use restrictions. At this meeting, the JAZB directed MAC to create a formal proposal for a custom airport zoning ordinance based on the information presented at the meeting. 31. At its November 16, 2022 and December 14, 2022 meetings, the JAZB considered drafts of an Airport Zoning Ordinance establishing proposed height and land use regulations (including appropriate airspace and land use safety zones), providing for nonconforming uses, zoning permits, and variances, and addressing administration, enforcement, and appeals. The JAZB considered whether the proposed ordinance provided a reasonable level of safety. The JAZB addressed several administrative concerns including the interplay between city enforcement actions under the Airport Zoning Ordinance and the FAA’s 7460 process. At the December 14, 2022 meeting, the JAZB decided to advance the draft Airport Zoning Ordinance to a public hearing as required by Minnesota Statutes, section 360.065, subd. 1. B. Public Hearing 32. Two public comment periods were held between February 7, 2023, through March 8, 2023, and April 4, 2023, through May 3, 2023. The first public comment period was associated with a Public Hearing scheduled for February 23, 2023. This meeting was cancelled due to weather. The second public comment period was associated with a rescheduled Public Hearing held on April 19, 2023. 33. Notice of the public hearing was provided as required by Minn. Stat. § 360.065, subd. 1. 34. Forty-four people signed in on the attendance sheets. All persons in attendance and wishing to do so were given an opportunity to testify or provide written comments. 35. The proceedings of the public hearing were transcribed by a qualified court reporter. 36. A full record of the public hearing process is set forth in the Draft Crystal Airport Zoning Ordinance Public Hearing Report, including responses to public comments. C. Submittal to the Commissioner 37. Prior to adopting custom airport zoning regulations, a JAZB must submit the proposed regulations and supporting record to the Commissioner. The Commissioner must determine whether the proposed regulations and supporting record (1) evaluate the applicable criteria in Minnesota Statutes, section 360.0656, subd. 1, and (2) provide a reasonable level of safety. See Minn. Stat. § 360.0656, subd. 2. 5 38. At its June 15, 2023, meeting, the Crystal JAZB accepted a report on the public hearing and considered clarifications of the draft Airport Zoning Ordinance in response to questions received during the public hearing process. The JAZB also considered the procedural requirements associated with submittal of the draft Airport Zoning Ordinance to the Commissioner. The JAZB approved submission of the following materials to the Commissioner: a. Crystal JAZB Meeting Record b. Public Hearing Report; c. Analysis of Custom Airport Zoning Factors; and a d. draft of the Airport Zoning Ordinance. 39. On June 26, 2023, the Crystal JAZB chair, Richard Weyrauch, transmitted the above- listed materials to the Commissioner. D. Commissioner’s Order and Approval 40. On September 24, 2023, the Commissioner issued Order No. 644 (“Commissioner’s Order”). 41. The Commissioner concluded the following: a. Adoption of the draft Crystal Airport Zoning Ordinance is necessary for both the operation of the Crystal Airport and the safety of both the public frequenting that airport and the occupants of land in its vicinity. b. The draft Crystal Airport Zoning Ordinance and supporting record evaluate the criteria under Minnesota Statutes, section 360.0656, subd. 1 and provide a reasonable level of safety. c. A bona fide effort to comply with the requirements of Minnesota Statutes, section 360.065, subd. 1, was made prior to the approval of the proposed Crystal Airport Zoning Ordinance. 42. The Commissioner approved the Crystal Airport Zoning Ordinance. E. Adoption by the Crystal JAZB 43. On November 8, 2023, the Crystal JAZB met and considered the Commissioner’s Order; the draft Airport Zoning Ordinance approved by the Commissioner; and this Final Statement of Legal Authority, Findings of Fact, Conclusions of Law, and Order. 44. No changes were made to the draft Airport Zoning Ordinance approved by the Commissioner. 45. The Crystal JAZB approved this Final Statement of Legal Authority, Findings of Fact, Conclusions of Law, and Order; and adopted the draft Airport Zoning Ordinance as the final Crystal Airport Zoning Ordinance. III. CONCLUSIONS OF LAW 6 46. The Crystal JAZB was properly constituted as required by Minnesota Statutes, section 360.063. 47. The Crystal JAZB complied with the procedural requirements for approval and adoption of airport zoning regulations, as required by Minnesota Statutes, sections 360.065 and 360.0656. 48. The Crystal JAZB complied with the statutory requirements in developing and adopting custom airport zoning regulations, as required by Minnesota Statutes, section 360.0656. 49. The Crystal Airport Zoning Ordinance complies with the requirements of the Airport Zoning Statute. 50. The Crystal Airport Zoning Ordinance provides a reasonable level of safety. 51. The Crystal Airport Zoning Ordinance meets or exceeds federal standards for the establishment of airspace and land use safety zones. 52. Any findings that might properly be termed conclusions and any conclusions that might properly be termed findings are hereby adopted as such. IV. ORDER Based upon the foregoing findings and conclusions, the substantial evidence contained in the record, and the applicable law, the Crystal JAZB concludes that the Crystal Airport Zoning Ordinance should be adopted. Approved on November 8, 2023. I hereby certify that this is a complete, true, and correct copy of the Final Statement of Legal Authority, Findings of Fact, Conclusions of Law, and Order as approved by the Crystal JAZB on November 8, 2023. __________________________________ ________________________________ Richard D. Weyrauch, Chair Rebecca Townsend, Secretary Crystal Joint Airport Zoning Board Crystal Joint Airport Zoning Board Date: ______________________________ Date: ___________________________ Exhibit B