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2008/10/20 - ADMIN - Agenda Packets - City Council - Study Session
AGENDA CITY COUNCIL SPECIAL STUDY SESSION COUNCIL CHAMBERS 6:00 P.M. OCTOBER 20, 2008 Box Lunches Provided to Council Discussion Items 1. 6:00 p.m. Proposed Zoning Ordinance Amendments relating to Towers and Antennas 2. 7:00 p.m. Zoning Ordinance Amendments for Educational and Religious Institutions Written Reports 3. West End Public Art Process 7:15 p.m. Adjourn 7:20 p.m. ECONOMIC DEVELOPMENT AUTHORITY 7:30 p.m. CITY COUNCIL Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting Date: October 20, 2008 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Proposed Zoning Ordinance Amendments relating to Towers and Antennas. RECOMMENDED ACTION: Staff would like to discuss and have Council provide direction on proposed Zoning Ordinance Amendments relating to Towers and Antennas. POLICY CONSIDERATION: What are the appropriate height limits for towers and how do tower heights relate to: the setback or fall zoned needed, the interference that is expected, the requirements for lighting, and the possibilities for the proliferation of towers? Should the ordinance be amended to add specific height limits by Conditional Use Permits and to add provisions related to aesthetics and neighborhood impacts? BACKGROUND: Council Action: On August 18, 2008 the City Council discussed the proposed changes to the zoning ordinance provisions for communication towers. The Council asked Staff to provide some alternatives to the proposed zoning changes, including flexibility in the industrial zoning district. September 8, 2008, alternatives were presented to the Council at a study session. The Council directed staff to make revisions to the ordinance to specify new height limitations for towers, to require Conditional Use Permits for taller towers, and to add regulations relating to aesthetics and impacts on surrounding properties. October 8, 2008, the first reading of the proposed ordinance was continued by the Council. The Council directed staff to revise and research several items. Summary of Proposed Revisions: The following is a brief summary of the items raised by the Council. Since the meeting, staff has been working to provide answers and options available to the Council for review. Additional information will be presented at the study session. 1. Park and Open Space District: The Council asked that towers be allowed only by Conditional Use Permit (CUP). This change has been made. Meeting of October 20, 2008 (Item No. 1) Page 2 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas 2. Mixed-Use District: The Council asked that towers in the Mixed-Use (MX) District be treated the same as they are in the single family districts. Single Family districts allow towers at 45 feet as “Permitted with Conditions”, and 45 feet to 70 feet by CUP. It was proposed to allow the MX District to allowed up to 70 feet as “Permitted with Conditions” and up to 150 feet by CUP. The change has been made so that the MX district would have the same regulations as the single family districts. 3. Amateur radio concerns: Amateur radios were included as exceptions to the Antenna definition, and are therefore, not proposed to be governed by the antenna regulations of the proposed ordinance. Amateur radio operators, however, would still be governed by the proposed tower regulations. The proposed regulations accommodate a typical Amateur radio operator’s needs. 4. Fall zone options: The proposed ordinance requires a fall zone equal to the tower height for towers over 70 feet in height, as this is the only means to guarantee that neighboring properties will be protected from a tower failure. Towers less than 70 feet in height would be allowed to be setback equal to its engineered collapse radius. 5. Determine how to regulate the number of towers to be allowed on a parcel: The 1:1 fall zone would limit the number of towers that could be placed on a property. In addition to the fall zone, staff is consulting with professionals to bring forward other options for consideration. 6. Potential interference issues: Staff is working with consultants to further define interference issues. 7. Lighting requirements: Staff obtained the FCC/FAA lighting standards, and will present them at the meeting. In summary, towers less than 200 feet are not required to be lit. Towers under 500 feet are required to be lit in a manner required by the FCC/FAA. 8. Impacts on wetlands: Wetlands are divided into two categories. Those governed by the Wetland Conservation Act (WCA) fall under the jurisdiction of the local government, including the watershed district. Others fall under the jurisdiction of the Dept. of Natural Resources (DNR). WCA wetlands may be altered by fill to accommodate a tower. The DNR does not allow towers in wetlands under their jurisdiction. 9. Proliferation of towers: Staff is working with consultants regarding the potential need for towers in the west metro. Staff is also further reviewing the proposed ordinance to minimize the unintended impacts that may result, from a 400’ height limit, including a proliferation of towers under 400 feet in height. Meeting of October 20, 2008 (Item No. 1) Page 3 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas 10. Surrounding communities: A summary of the regulations of the surrounding communities is attached for your review. 11. Tower height: The attached table shows the heights allowed under the existing ordinance compared to heights that have been discussed in the past. Staff is continuing to review height limits, and will present additional information at the meeting. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: Proposed ordinance amendments relating to Towers and Antennas Table comparing existing allowed tower heights to proposed heights Table comparing regulations of surrounding communities Prepared by: Gary Morrison, Assistant Zoning Administrator Meg McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 1) Page 4 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas Sec. 36-4. Definitions. *** Height-Ground Mounted Tower and Antennas. The height of a tower and antenna shall be determined by measuring the vertical distance from the point of contact with the ground of the tower to the highest point of the tower, including all antennas and other attachments. Height-Roof Mounted Tower and Antennas The height of a tower and antenna shall be determined by measuring the vertical distance from the point of contact with the structure to which it is attached to the highest point of the tower, including all antennas and other attachments. *** Sec. 36-78. Height limitations. (a) Height limitations set forth elsewhere in this ordinance shall be increased by 50 percent when applied to the following structures: (1) Art objects in non-residential districts and accessory to permitted principal non-residential uses (churches, schools, parks, etc.) in residential districts. (Ord. No. 2255-03, 11-3-03) (2) Belfries. (3) Chimneys. (4) Church spires. (5) Communication towers. Heights in excess of those allowed under this section shall be permitted only by conditional use permit granted by resolution of the city council determining that such structure would not be dangerous and would not adversely affect adjoining or adjacent property. This determination will be made based on the following conditions: a. Distance from abutting residential property. b. Tower design and collapse radius. c. Aesthetic considerations such as color and design. [Renumber accordingly] (6) Cooling towers. (7) Cupolas and domes which do not add additional floor area. (8) Elevator penthouses. Meeting of October 20, 2008 (Item No. 1) Page 5 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas (9) Fire and hose towers. (10) Flagpoles. (11) Monuments. (12) Observation towers. (13) Smokestacks. (b) Parapet walls extending not more than three feet above the limiting height of the building. (c) Water towers are exempt from height limitations. *** Sec. 36-142. Descriptions *** (c.) Institutional Use. (1) Antenna means any structure or device used for the purpose of collecting or transmitting electromagnetic waves through the air, including but not limited to directional antennas, such as panels, microwaves dishes, and satellite dishes, and omni-directional antennas, such as whip antennas. For purposes of this Section, “antenna” does not include antennas used for the private enjoyment of those on the premises where it is located, such as ham radio antennas, and antennas receiving television signals for viewing on site. (2) Communication tower means a free-standing tower structure which supports one or more antennae, including antennae used for private enjoyment of those on the premises where it is located, such as ham radio antennas, and antennas receiving television signals for viewing on site. for broadcasting, receiving or relaying waves or signals through the air; This including includes accessory uses directly related to tower, such as utility buildings. those activities. The tower and antennae heights result in negative visual and sight line impacts. *** [Renumber accordingly] *** Sec. 36-151. POS park and open space district *** (d) Uses permitted by conditional use permit. No structure or land in any POS district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all general conditions provided in section 36-365 and with the specific conditions imposed in this subsection. (1) Communication towers up to 70 feet in height with the following conditions: Meeting of October 20, 2008 (Item No. 1) Page 6 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** (e) (d) Accessory uses. *** (3) Communication tower *** (f) (e) Dimensional standards/densities. *** Sec. 36-163. R-1 single-family residence district *** (c) Uses permitted with conditions. *** (9) Communication towers. The conditions are as follows: that are 45 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. Sign shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 45 feet high. d. Tower structures shall not be permitted within any required yard. e. A free-standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. (d) Uses permitted by conditional use permit. *** (5) Communication towers more than 45 feet in height but not to exceed 70 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). Meeting of October 20, 2008 (Item No. 1) Page 7 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-164. R-2 single-family residence district *** (c) Uses permitted with conditions. (9) Communication towers. The conditions are as follows: that are 45 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 45 feet high. d. Tower structures shall not be permitted within any required yard. e. A free-standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. *** (d) Uses permitted by conditional use permit. *** (3) Communication towers more than 45 feet in height but not to exceed 70 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-165. R-3 two-family residence district *** (c) Uses permitted with conditions. Meeting of October 20, 2008 (Item No. 1) Page 8 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas *** (10) Communication towers . The conditions are as follows: that are 45 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 52.5 feet high. d. Tower structures shall not be permitted within any required yard. e. A free-standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. *** (d) Uses permitted by conditional use permit. *** (4) Communication towers more than 45 feet in height but not to exceed 70 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-166. R-4 multiple-family residence district *** (c) Uses permitted with conditions. *** (11) Communication towers. The conditions are as follows: that are 70 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 60 feet high. d. Tower structures shall not be permitted within any required yard. Meeting of October 20, 2008 (Item No. 1) Page 9 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas e. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue-gray in color. g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. (d) Uses permitted by conditional use permit. *** (9) Communication towers more than 70 feet in height but not to exceed 150 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-167. RC high-density multiple-family residence district. *** (c) Uses permitted with conditions. *** (11) Communication towers . The conditions are as follows: that are 70 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 112.5 feet high. d. Tower structures shall not be permitted within any required yard. Meeting of October 20, 2008 (Item No. 1) Page 10 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas e. A free standing communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue-gray in color. g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. *** (d) Uses permitted by conditional use permit. *** (6) Communication towers more than 70 feet in height but not to exceed 150 feet in height. a. The towers a are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-193. C-1 neighborhood commercial district. *** (c) Uses permitted with conditions. *** (21) Communication towers. The conditions are as follows: that are 45 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. The tower structures shall be screened to minimize visual impacts. b. The tower structures shall be a maximum of 52.5 feet high. c. The tower structure shall not be permitted within any required yard. d. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. Meeting of October 20, 2008 (Item No. 1) Page 11 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas e. Any tower exceeding 50 feet shall be painted light blue-gray in color. f. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. g. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. h. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. i. Signs shall not be permitted on the tower structure or the antenna. *** (d) Conditional uses. Uses permitted by conditional use permit. *** (9) Communication towers more than 45 feet in height but not to exceed 70 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-194. C-2 general commercial district. *** (c) Uses permitted with conditions. *** (20) Communication towers. The conditions are as follows: that are 112 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. The tower structures shall be screened to minimize visual impacts. b. The tower structures shall be a maximum of 112.5 feet high. c. The tower structure shall not be permitted within any required yard. d. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. Meeting of October 20, 2008 (Item No. 1) Page 12 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas e. Any tower exceeding 50 feet shall be painted light blue-gray in color. f. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. g. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. h. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. i. Signs shall not be permitted on the tower structure or the antenna. *** (d) Uses permitted by conditional use permit. *** (15) Communication towers more than 112 feet in height but not to exceed 168 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-223. O Office district. *** (c) Uses permitted with conditions. *** (17) Communication towers. The conditions are as follows: that are 200 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. Communication towers shall be screened to the greatest extent practicable to minimize visual impacts. b. Communication towers shall be limited in height to 360 feet. c. Communication towers shall not be permitted within any required yard. d. No freestanding communication tower shall be located within 1 1/2 times its collapse radius from any property line. Meeting of October 20, 2008 (Item No. 1) Page 13 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas e. Any tower exceeding 50 feet shall be painted light blue-gray in color. f. If a tower exceeds 50 feet in height, the applicant shall demonstrate that the desired result cannot be achieved by piggybacking the proposed antenna on another existing tower or building. g. The owner shall permit joint use of any tower exceeding 50 feet in height. h. Any tower exceeding 50 feet in height shall bc located at a distance of at least 1.5 times its height from any R-1, R-2 or R-3 district. i. Signs shall not be permitted on the tower structure or the antenna. *** (d) Uses permitted by conditional use permit. *** (10) Communication towers more than 200 feet in height but not to exceed 400 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-243. I-P industrial park district. *** (c) Uses permitted with conditions. *** (4) Communication towers. The conditions are as follows: that are 200 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 112.5 feet high. d. Tower structures shall not be permitted within any required yard. Meeting of October 20, 2008 (Item No. 1) Page 14 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas e. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue-gray in color. g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. *** (d) Uses permitted by conditional use permit. *** (5) Communication towers more than 200 feet in height but not to exceed 400 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** Sec. 36-244. I-G general industrial district. *** (c) Uses permitted with conditions. *** (8) Communication towers. The conditions are as follows: that are 200 feet or less in height. The towers are subject to Section 368 (Communication Towers and Antennas). a. Signs shall not be permitted on the tower structure or the antenna. b. Tower structures shall be screened to minimize visual impacts. c. Tower structures shall be a maximum of 112.5 feet high. d. Tower structures shall not be permitted within any required yard. Meeting of October 20, 2008 (Item No. 1) Page 15 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas e. A freestanding communication tower shall be located a minimum of 1 1/2 times its collapse radius from any property line of the site on which it is located. f. Any tower exceeding 50 feet shall be painted light blue-gray in color. g. For any tower exceeding 50 feet in height, the applicant shall demonstrate that another alternative to piggyback the proposed antenna on another existing tower or building is not possible. h. For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. i. If any tower exceeds 50 feet in height, it shall be located at a distance of a minimum of twice its height from any R-1, R-2 or R-3 zoned parcel. *** (d) Uses permitted by conditional use permit. *** (4) Communication towers that are more than 200 feet in height but not to exceed 400 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. *** DIVISION 8. M-X MIXED USE DISTRICT *** Section 36-263. Uses permitted with conditions (1) General cConditions for mixed use development are as follows: a. (1) The development is in conformance with the comprehensive plan land use designations for the area. b. (2) The development is in conformance with a redevelopment plan for the area that has been adopted as part of the comprehensive plan. c. (3) The development conforms with all performance standards of this district or an adopted overlay district for the area unless certain standards are specifically waived or amended by the adopted redevelopment plan. (Code 1976, § 14:5-8C) Meeting of October 20, 2008 (Item No. 1) Page 16 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas (2) Communication towers that are 45 feet or less in height. The towers and antennas are subject to Section 368 (Communication Towers and Antennas). Section 36-264. Uses permitted by conditional use permit. (1) Communication towers more than 45 feet in height but not to exceed 70 feet in height. a. The towers are subject to the provisions of Section 368 (Communication Towers and Antennas). b. Towers will not have undue adverse impacts on the use and enjoyment of properties in close proximity. Sec. 36-264 265. Uses permitted by PUD. *** Sec. 36-265 266. Accessory uses. *** (3) Parking lots designed in accordance with section 36-361 except that the number of required spaces may be reduced as provided in subsection 36-266267(6). *** Sec. 36-266 267. Dimensional/performance standards and general requirements. *** Secs. 36-267268--36-290. Reserved. *** Sec. 36-368. Communication towers (towers) and antennas. (a) Purpose. To accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community: (1) To minimize adverse impacts on properties in close proximity; (2) To minimize adverse visual effects of towers through careful design and siting standards; (3) To avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and, (4) To maximize the use of existing and approved towers and buildings to accommodate new antennas in order to reduce the number of towers needed to serve the community. Meeting of October 20, 2008 (Item No. 1) Page 17 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas (b) Zoning compliance. Towers and antennas are allowed as provided in each zoning district and must be in compliance with the provisions of this Ordinance. Towers 150 feet or more in height shall be the only principal use of the property it is located on. (c) Interference with Public Safety Telecommunications. The placement, design, use and operation of the telecommunications facilities shall comply with the Telecommunications Act of 1996 and the rules of the Federal Communications Commission. The applicant shall provide to the City a report from a qualified professional engineer guaranteeing non-interference and a copy of the FCC approval of the antennae in regards to non-interference. (d) Co-Location Requirements. (1) A proposal for a new tower shall not be approved unless the applicant shows that the antennas planned for the proposed tower cannot be accommodated on an existing tower or building. (2) For any tower exceeding 50 feet in height, the owner shall permit joint use of the structure. (f) Tower Setbacks. (1) Towers exceeding 70 feet in height shall be setback a distance equal to the tower height from all property lines and buildings not accessory to the tower. Towers 70 feet and less shall be setback a distance equal to its structurally engineered collapse radius from all property lines. (2) Towers shall not be located between a principal structure and a public street, with the following exceptions: a. In industrial zoning districts, towers may be placed between the building and the side lot line abutting a street. b. On sites adjacent to public streets on all sides, towers may be placed between the building and either the side lot line abutting a street or the rear lot line. (e) Location specific regulations for towers and antennas. (1) Towers in Residential Zoning Districts. a. No more than one tower is allowed per parcel. Towers located on parcels occupied by residential dwellings are only allowed in the rear yard. b. Towers supporting commercial antennas shall be allowed only on government, school, utility, religious and institutional sites. (2) Antennas in the Public Right-of-Way. Antennas may co-locate on existing poles or towers in the City, County, or State right-of-way within any zoning district. A City Public Works permit for private uses in the public right-of-way and written permission from applicable jurisdictions are required. Meeting of October 20, 2008 (Item No. 1) Page 18 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas (3) Towers shall not be allowed in: a. Department of Natural Resources (DNR) protected wetlands and Wetland Conservation Act (WCA) jurisdiction wetlands. b. Land located within the floodplain, flood fringe and floodway districts. (f) Tower and Antenna Design Requirements. Proposed or modified towers and antennas shall meet the following design requirements. (1) Towers up to 120 feet in height shall be of a monopole type. (2) Antenna designs and mounts shall be designed to minimize visual impact. (3) Tower Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. (4) Signs, Advertising and Display. The use of any portion of a tower for displaying flags, signs other than warning or equipment information signs is prohibited. (5) Associated Equipment. Ground equipment associated with a tower or communications facility shall be housed in a building. The building shall meet the architectural design standards of the Zoning Ordinance , and shall meet the minimum setback requirements of the underlying zoning district. (g) Tower Construction and Maintenance Requirements. (1) Construction Requirements. All antennae and towers erected, constructed, or located within the City shall obtain a building permit and every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. (2) Maintenance. Tower and antenna finish and paint shall be maintained in good condition, free from rust, graffiti, peeling paint, or other blemish. (h) Building-Mounted Antennas. (1) Building-mounted antennas and towers shall be no higher than 15 feet above the highest point of the building or structure. (3) All building-mounted equipment shall be consistent with the architectural features of the building and be painted to match the color of the building exterior, roof or sky, whichever is most effective, as determined by the Zoning Administrator. (i) Additional Submittal Requirements. In addition to the information required elsewhere in this Code, Development applications for towers shall include the following supplemental information: Meeting of October 20, 2008 (Item No. 1) Page 19 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas (1) A report from a qualified and licensed professional engineer that: a. Describes the tower height, width including antennas, and design including a cross section and elevation; a site plan which demonstrates all building dimensions and horizontal setbacks of associated equipment, HVAC and decibels, paving, landscaping, security lighting , and fencing. b. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; and, f. Includes other information necessary to evaluate the request. g. Includes the dimensions and expected quality of the existing and proposed transmission service area. h. Includes the location, depth of utilities and other land lines connected to the tower and associated equipment. (2) For all commercial towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. (3) Before the issuance of a conditional use permit and/or building permit, Proof that the proposed tower complies with regulations administered by Federal Aviation Administration; and the following supplemental information shall be submitted: (j) Discontinued or Unused Towers or Portions of Towers. Discontinued or unused towers or portions of towers shall be removed as follows: (1) All discontinued or unused towers, including all footings and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Zoning Administrator. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. Meeting of October 20, 2008 (Item No. 1) Page 20 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas Current Proposed POS - Park and Open Space Permitted CUP Accessory n/a n/a permitted -- 70’ SF – Single family Permitted CUP 45’ 68’ 45’ 70’ MF – Multi-family Permitted CUP 112’ 168’ 70’ 150’ COM – Commercial Permitted CUP 112’ 168’ C-1 45’ 70’ C-2 112’ 168’ OFF – Office Permitted CUP 360’ 540’ 200’ 400’ IND – Industrial Permitted CUP 112’ 168’ 200’ 400’ MX-Mixed Use Permitted CUP n/a n/a 45’ 70’ Meeting of October 20, 2008 (Item No. 1) Page 21 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas Meeting of October 20, 2008 (Item No. 1) Page 22 Subject: Proposed Zoning Ordinance Amendments relating to Towers and Antennas Meeting Date: October 20, 2008 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Zoning Ordinance Amendments for Educational and Religious Institutions. RECOMMENDED ACTION: Provide direction on this proposed ordinance change. POLICY CONSIDERATION: Should this ordinance be amended to require conditional use permits (CUPs) for educational and religious uses? BACKGROUND: On July 7, 2008, the City Council considered a first reading of an ordinance amendment that included amendments to residential districts to change educational and religious uses from “permitted with conditions” to permitted with a “conditional use permit” (CUP). On May 21, 2008, the Planning Commission held a hearing and recommended approval of the proposed ordinance. The intent was that schools and religious institutions, while appropriate in residential districts, may have some distinct impacts on surrounding neighborhood. These include parking and circulation, hours of operation, setbacks, and other items that are typically looked at more closely with conditional uses. SUMMARY OF PROPOSED AMENDMENTS: Sec. 36-163. R-1, R-2, R-3, R-4, and RC residential districts. Educational and Religious Institutions: The proposed amendment would require educational facilities and religious institutions to obtain a conditional use permit (CUP) in residential zoning districts. A CUP requires a public hearing and notification of property owners within 350 feet of the parcel. Under the existing ordinance, no public hearing, notification, or review by the Planning Commission and City Council is required for a school or religious institution to build a new facility or expand an existing one. Meeting of October 20, 2008 (Item No. 2) Page 2 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions The standards and requirements for these uses would essentially remain the same, they are: 50’ setback for schools; 30’ setback for religious institutions An off-street loading area is required Outdoor play areas must be setback 25’ from a residential lot Access shall be to a collector or arterial or otherwise located to not generate significant traffic on local residential streets. Additional information Staff is in the process of conducting a survey of our neighboring communities on this topic. We will hand out the information at the Council meeting so we can see what other cities do in regard to religious institutions, education facilities, community centers and libraries. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: July 7, 2008 Official City Council Minutes Proposed Zoning Ordinance Amendments Prepared by: Meg McMonigal, Planning & Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of October 20, 2008 (Item No. 2) Page 3 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions OFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JULY 7, 2008 8b. 1st Reading Amendment to Zoning Ordinance Mr. Morrison presented the staff report. Councilmember Paprocki asked about the increased conditions applicable for educational and religious institutions. Mr. Locke stated staff focused on educational and religious institutions because they were more common, stating there were fewer community centers and libraries, which were often built by the City itself. Councilmember Paprocki stated he didn’t think they needed the additional zoning amendments for educational and religious institutions; it seems they are being singled out. Mr. Locke stated fire stations, community centers, parks are publicly built and the City has control of the process, whereas educational and religious institutions are not controlled by the City. He further stated this process guarantees that nearby property owners would be notified, along with input from the Planning Commission. Councilmember Basill stated he would like to assure more public process. Councilmember Omodt reminded everyone that the City has gone through a process of updating ordinances and inconsistencies, as is in this case. He also stated he liked the thought of guaranteeing public process and CUP process. Mayor Pro Tem Sanger stated community centers and libraries should also be looked at. She also stated that they do need the CUP process for educational and religious institutions for the reasons mentioned, as well as the fact that those institutions have identifiable peak time parking/traffic in a condensed amount of time. She also suggested staff look at other institutions that are now permitted to see if there is an appropriate way to update them as well. Councilmember Paprocki clarified he didn’t want community centers to go through a CUP, stating it’s a good thing that cluster houses, public surface structures, golf courses and country clubs require a CUP. Councilmember Paprocki further stated he felt that with the limited amount of resources and time constraints, it could put risks on educational and religious institutions. Meeting of October 20, 2008 (Item No. 2) Page 4 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions Mayor Pro Tem Sanger stated it would require advanced planning on their part. Councilmember Omodt stated he sees the public process as a benefit. Councilmember Paprocki suggested consulting with schools and religious facilities within the City prior to the second reading. Gary Gandrud, 90 South 7th Street, Minneapolis, requested staff postpone any decision on the communication tower requirements until Council could review the Planning Commission minutes and that the whole Council be present to vote. Mr. Scott stated the motion requires only four votes to adopt First Reading and recommended moving the motion tonight, since they were under the 60 day time constraint. Council and staff discussed the options for delaying the motion. After discussion, it was determined that the Council would discuss the tower and educational and religious institution language at a future meeting with the date to be determined. Mr. Scott asked if the applicant was willing to waive the 60-day requirement clause in writing. Mr. Gandrud stated yes and would forward the appropriate paperwork. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt First Reading of Zoning Ordinance Amendments, excluding the sections 36-78, 36-163, 36-164, 36-165, 36-166 and 36-167 regarding educational and religious institutions and communication towers. Meeting of October 20, 2008 (Item No. 2) Page 5 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions ORDINANCE NO.______ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-163, 36-164, 36-165, 36-166, 36-167 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 08-08-ZA and 08-23-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-164, 36-165, 36-166, 36-167, is hereby amended by deleting striken language and adding underscored language. Section breaks are represented by ***. Zoning Ordinance Amendments Sec. 36-163. R-1 single-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-1 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection. *** (3) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. *** (7) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. Meeting of October 20, 2008 (Item No. 2) Page 6 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. [renumber accordingly] *** (d) Uses permitted by conditional use permit. No structure or land in any R-1 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365 and with the specific conditions imposed in this subsection. *** (3) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. *** (6) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. [renumber alphabetically accordingly] Meeting of October 20, 2008 (Item No. 2) Page 7 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions *** Sec. 36-164. R-2 single-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-2 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use permitted in this subsection. *** (3) Educational (academic). The conditions are as follows: a. Buildings shall be located a minimum of 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in an R district. *** (7) Religious institutions. The conditions are as follows: a. All buildings shall be located a minimum of 30 feet from any lot line of a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. [renumber accordingly] *** (d) Uses permitted by conditional use permit. No structure or land in any R-2 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365(b) and with the specific conditions imposed in this subsection and such other conditions as may be imposed by the city council under section 36-34(b). Meeting of October 20, 2008 (Item No. 2) Page 8 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions *** (2) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. *** (4) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. [renumber accordingly] *** Sec. 36-165. R-3 two-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-3 district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-162 and those specified for the use in this subsection (c):. *** Meeting of October 20, 2008 (Item No. 2) Page 9 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions (4) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. *** (8) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. [renumber accordingly] *** (d) Uses permitted by conditional use permit. No structure or land in any R-3 district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, all the general conditions provided in section 36-365, the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under subsection (b) of section 36-34. *** (2) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. Meeting of October 20, 2008 (Item No. 2) Page 10 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. *** (3) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. c. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. [renumber alphabetically accordingly] *** Sec. 36-166. R-4 multiple-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-4 district may be used for one or more of the following uses if its use complies with the residential restrictions and performance standards of section 36-162 and those conditions specified for the use in this subsection (c):. *** (6) Educational (academic). The conditions are as follows: a. Buildings shall be located a minimum of 50 feet from a lot in an R district, unless approved as a conditional use. b. An off-street school bus pickup and dropoff area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in an R district. *** Meeting of October 20, 2008 (Item No. 2) Page 11 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions (10) Religious institutions. The conditions are as follows: a. All buildings shall be located a minimum of 30 feet from any lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. [renumber accordingly] *** (d) Uses permitted by conditional use permit. No structure or land in any R-4 district shall be used for the following uses except by conditional use permit. These uses shall comply with the requirements of all the general conditions provided in section 36-365 and with the specific conditions imposed in this subsection (d) and such other conditions as may be imposed by the city council under section 36-34(b). *** (2) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. *** (4) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Meeting of October 20, 2008 (Item No. 2) Page 12 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. *** (8) Educational (academic). The conditions are as follows: a. The school is limited to 20 or fewer students; and b. The school is limited to grades k-8. c. An off-street school bus pickup and dropoff area shall be provided in order to maintain vehicular and pedestrian safety. d. The school property shall not adjoin any R-1, R-2 or R-3 property that is used or subdivided for residential. e. The school building must be residential in character. *** [renumber accordingly] Sec. 36-167. R-C high-density multiple-family residence district. *** (c) Uses permitted with conditions. A structure or land in an R-C district may be used for one or more of the following uses if it complies with the residential restrictions and performance standards of section 36-162 and with those specified for the use in this subsection:. *** (6) Educational (academic). The conditions are as follows: a. Buildings shall be located a minimum of 50 feet from a lot in an R district. b. An off-street school bus pickup and dropoff area shall be provided in order to maintain vehicular and pedestrian safety. Meeting of October 20, 2008 (Item No. 2) Page 13 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions c. Outdoor recreational and play areas shall be located a minimum of 25 feet from any lot in an R district. d. Conditions listed in subsections ©(6)a. through (c)(6)c. of this section and certain performance standards may be waived or amended if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. e. The property shall be designated for civic or civic-mixed use in the comprehensive plan. *** (10) Religious institutions. The conditions are as follows: a. All buildings shall be located a minimum of 30 feet from any lot in an R district. b. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. c. Conditions listed in subsections (c)(10)a. and (c)(10)b. of this section and certain performance standards may be waived or amended if so specified in a redevelopment plan for the area that has been adopted as part of the city comprehensive plan. d. The property shall be designated for civic or civic-mixed use in the comprehensive plan. [renumber accordingly] *** (d) Uses permitted by conditional use permit. No structure or land in any R-C district shall be used for the following uses except by conditional use permit. These uses shall comply with the residential restrictions and performance standards of section 36-162, the general conditions of section 36-367, and with the specific conditions imposed in this subsection as follows: *** (1) Educational (academic). The conditions are as follows: a. Buildings shall be located at least 50 feet from a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. Meeting of October 20, 2008 (Item No. 2) Page 14 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. *** (7) Religious institutions. The conditions are as follows: a. All buildings shall be located at least 30 feet from any lot line of a lot in an R district. b. An off-street passenger loading area shall be provided in order to maintain vehicular and pedestrian safety. c. Outdoor recreational and play areas shall be located at least 25 feet from any lot in an R district. d. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or shall be otherwise located so that access can be provided without generating significant traffic on local residential streets. [renumber alphabetically accordingly] Sec. 3. The contents of Planning Case Files 08-08-ZA and 08-23-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Meeting of October 20, 2008 (Item No. 2) Page 15 Subject: Zoning Ordinance Amendments for Educational and Religious Institutions Sec. 4. This Ordinance shall take effect fifteen days after its publication. Reviewed for Administration Adopted by the City Council City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Public Hearing May 21, 2008 First Reading Second Reading Date of Publication Date Ordinance takes effect Meeting Date: October 20, 2008 Agenda Item #: 3 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: West End Public Art Process. RECOMMENDED ACTION: Staff recommends using Jack Becker from Forecast Public Artworks to assist in the facilitation of commissioning artists to work on two artistic pieces in the West End Project. POLICY CONSIDERATION: Should the City of St. Louis Park partner with Duke to provide public art in the West End project? BACKGROUND: City staff has identified the West End project as a location suitable for public art. In discussions with Duke and Jack Becker, staff has identified two potential locations within the project. The first public art opportunity is located at a little plaza at the intersection of West End Boulevard and West 16th Street. Staff is looking for an artist to create an engaging and inviting outdoor gathering place in the plaza. Duke is currently working with a landscape architect who will participate with the selected artist. This space would likely be a type of sculpture. The second location is in the atrium space in the building that houses the multiplex cinema and retail center. Staff is looking for a unique, interactive art project that will attract and retain audiences, engage viewers in whimsical ways, and encourage repeat visits. Artists may consider the use of sound, light, projection, and audience-interactive media. The art will use the large vertical wall surface. There will be additional public art opportunities as part of the office development phase of the West End project. Details on where and how to incorporate public art in the office portion of the project will be prepared as the timing and specific development plans for office development are available. RECOMMENDED PROCESS Staff is proposing a similar process that was used at Excelsior and Grand and West 36th Street. Forecast Public Artworks will work with staff and the developer to solicit artists for both projects. A committee will consist of representatives from staff, Duke, Friends of the Arts, the Parks and Recreation Advisory Commission and a representative from the neighborhood. As in the past, staff will keep the council updated as the process progresses. I believe the West End project provides excellent opportunities for art. Meeting of October 20, 2008 (Item No. 3) Page 2 Subject: West End Public Art Process FINANCIAL OR BUDGET CONSIDERATION: Duke will provide funding for the two pieces of artwork. The cost of hiring Jack Becker from Forecast will be paid from the City of St. Louis Park development fund. VISION CONSIDERATION: This project is consistent with our VISION Strategic Directions. “St. Louis Park is committed to promoting and integrating arts, culture, and community aesthetics in all City initiatives, including implementation where appropriate”. Attachments: None Prepared by: Cindy Walsh, Director of Parks and Recreation Reviewed by: Kevin Locke, Director of Community Development Approved by: Nancy Gohman, Deputy City Manager/HR Director