HomeMy WebLinkAbout2019/02/06 - ADMIN - Agenda Packets - Planning Commission - Study SessionAGENDA
PLANNING COMMISSION
COUNCIL CHAMBERS
6:00 P.M.
FEBRUARY 6, 2019
STUDY SESSION
1. Annual Report / 2019 Work Plan
2.Small Cell Aesthetic Requirements
3. C-1 District retail/service/liquor store size limits
If you cannot attend the meeting, please call the Community Development Office, 952.924.2575.
Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please
call 952.928.2840 at least 96 hours in advance of meeting.
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Planning Commission
Meeting Date: February 6, 2019
Study Session Item 1
1.Planning Commission Annual Report
RECOMMENDED ACTION: Review draft annual report and provide comments.
SUMMARY: Every year, planning commission reports the past year’s activities and
accomplishments to city council through an annual report and presentation. Staff prepared a draft
of the annual report, which includes the following sections:
1.Executive Summary.
2. Chart showing the number of applications reviewed in the past year(s).
3.Development activity map.
4. Descriptions of major development projects.
5. Description of zoning amendments.
6. Appendix A: Full list of applications reviewed by the planning commission
7. Appendix B: 2019 Work Plan
Planning commission reviewed an earlier version of the draft report on January 16, 2019.
NEXT STEPS: Staff will finalize the annual report based on feedback received from the planning
commission, and prepare the presentation to be made to the council on February 25, 2019. A
representative from the planning commission will make the presentation to the city council.
Supporting Documents: 2019 Annual Meeting Instructions
Draft Annual Report
Prepared by: Jacquelyn Kramer, Associate Planner
Reviewed by: Sean Walther, Planning and Zoning Supervisor
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2019 Board and Commission Annual Meeting
Annual Meeting Information:
When: Monday, February 25, 2019 5:30 p.m. - 9:00 p.m.
Who: All board and commission members are asked to attend, staff liaisons, or alternate, are
encouraged to attend
Light food and beverages will be served
Important dates:
Task Who is responsible? Due Date
Save the date email Maria will send Jan. 10, 2019
Formal invitations Maria will send Jan. 17, 2019
RSVP list to Debbie Staff Liaisons February 18, 2019
Annual Written Reports Staff Liaisons February 14, 2019
Annual meeting All February 25, 2019
Tentative Schedule
5:30 PM
Check-in
Light food/refreshments provided
Welcome & thank you from Mayor Spano
6:00-6:15 PM
Council updates on key city-wide initiatives
Strategic Priorities Overview
Race Equity Initiative Overview
6:15-7:45 PM
B& C Presentations
Five (5) minutes for annual report overview
Five (5) minutes for questions, comments,
and follow-up requests from City Council
7:45 – 8:30 PM
Collaboration Mixer Activity
8:30 PM- Adjourn
Order of presentations
•Police Advisory Commission (6:15-6:25 PM)
•Parks & Recreation Advisory Commission
(6:25-6:35 PM)
•Housing Authority (6:35-6:45 PM)
•Planning Commission (6:45 – 6:55 PM)
•Intermission – (6:55 – 7:05 PM)
•Telecommunications Advisory Commission
(7:05 – 7:15 PM)
•Environment & Sustainability Commission:
Sustainable SLP (7:15 -7:25PM)
•Human Rights Commission (7:25 – 7:35 PM)
•Board of Zoning Appeals (7:35 – 7:45 PM)
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Written Reports- Due February 14, 2019
Each board and commission needs to prepare a written report for the city council detailing the
following:
-Activities/initiatives undertaken in the past year
-Progress on previous years goals
-Goals for the upcoming year
-How does the commission’s work align with the strategic priorities
Each board and commission must submit an electronic copy of their annual report to their staff liaison.
Each report should be formatted, proofed and “ready” to submit to the city council.
Submit your report here: O:\CITYWIDE\RECORDSLIBRARY\Boards and Commissions\STAFF LIAISON
INFORMATION AND RESOURCES\2019 Annual Report
Presentation Instructions
Each board or commission will select one (1) representative to present.
A maximum of 5 minutes will be allotted for a presentation that should consist of:
Overview of 1-2 goals, activities or initiatives for the upcoming year.
How the commission’s work align with the strategic priorities
Opportunities for collaboration with other groups
The remainder of the time will be designated for council questions, comments, and address follow-up
requests.
Avoid reading the report as the council will review each annual report prior to the meeting. The
designated representative should be sufficiently prepared to answer questions on all aspects of the
annual report. All reports will be provided to the other commissions in advance of the meeting.
Use creativity in the presentation including visuals! Avoid reading from the slides.
Make arrangements for your audio or visual needs in advance of the meeting, no later than one week
prior. All requests should be submitted to the staff liaison.
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Workplan Meetings
Staff liaisons will work with the city’s board and commissions to draft their work plans. The city council
will review the proposed work plans and provide feedback. Staff will schedule a 30 minute meeting with
each of the staff liaisons and board/commission chair in the spring. The work plans can be modified to
add or deleted items by mutual agreement during a joint work session or by city council approval at a
council meeting. The city council can direct a change to any of the board and commissions work plans at
their discretion.
Annual board and commission recruitment process:
Appointments to the eight different boards and commissions occur annually. The application period for
the annual appointment process begins January 1, 2019. City staff will advertise and recruit applicants
until February 28, 2018. In March the city council will review and evaluate the applications submitted.
Candidate interviews will be held late April/early May. Formal appointments will go to the city council
for approval at the second regular meeting in May. Terms for newly appointed board/commission
members begin on May 31.
Proposed annual recruitment schedule:
Date Action
January – February 1.Advertisement & recruitment activities
2.Application System available online
February 28 Application Deadline
Week of March 4 Applications provided to Council for
review & scoring
March 30 Council scores due to Admin Services & selection of
candidates for interview
April 8-15 Notify candidates of application status and
schedule interviews
April 29 Candidate interviews at City Hall
May 3 Candidate interviews at City Hall
May 10 Appointment Recommendations due to Staff
May 20 Formal approval of appointments
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1
St. Louis Park Planning Commission
2018 Annual Report
The St. Louis Park Planning Commission is a seven member advisory body made up of
citizen volunteers appointed by the City Council. The Planning Commission reviews and
makes recommendations on Comprehensive Plan amendments, development projects,
and zoning studies and amendments. It also holds public hearings where the public can
give input to Commission recommendations.
Public art installed at Central
Park West by James Brenner Page 6
2018 Planning Commission Members
Carl Robertson, Chair
Claudia Johnston-Madison, Vice-Chair
Lynne Carper
Matt Eckholm
Torrey Kanne
Jessica Kraft
Lisa Peilen
Richard Person
Joe Tatalovich, School Board Representative
Alanna Franklin, Youth Member
St. Louis Park Community Development Department Staff
Karen Barton, Community Development Director
Meg McMonigal, Principal Planner
Sean Walther, Planning & Zoning Supervisor
Gary Morrison, Assistant Zoning Administrator
Jennifer Monson, Planner
Jacquelyn Kramer, Associate Planner
Nancy Sells, Administrative Secretary
Joseph Ayers-Johnson, Community Development Intern
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Executive Summary
The Planning Commission is a seven member advisory group of citizen volunteers appointed
by the city council. The 2018 members included Carl Robertson (Chair), Claudia Johnston-
Madison (Vice-Chair), Lisa Peilen, Lynne Carper, Matt Eckholm, Torrey Kanne, Jessica Kraft,
Richard Person, Joe Tatalovich (School Board Representative), and Alanna Franklin (Youth
Member).
Commissioners pride themselves in their thoughtful consideration of applications.
Commissioners review detailed staff reports, conduct fair and civil public hearings, discuss
complex issues in study sessions, and make sound recommendations in a timely fashion.
I.2018 Accomplishments:
a.Key duties:
i.Review Comprehensive Plan amendments, development projects, and
zoning studies and amendments.
ii.Hold public hearings and make recommendations to the city council.
b.2018 activities: The commission reviewed 42 applications in 2018, including:
i.St. Louis Park 2040 Comprehensive Plan update.
ii.Development review of Bridgewater Bank Headquarters, Urban Park
Apartments Phase II, Westwood Hills Nature Center, The Block, Yeshiva of
Minneapolis Expansion, Luxe Residential.
iii.Review of code amendments related to greenhouse architectural
materials, accessory uses in industrial districts, educational facilities in the
R-4 zoning district, ground floor area ratio in the R-3 zoning district, electric
vehicle supply equipment.
II. 2019 Work Plan:
a.Review development applications. Hold study sessions and hearings in order to
make informed recommendations to city council.
b.Amend the zoning map. Amend the zoning to be consistent with the St. Louis Park
2040 Comprehensive Plan future land use map (more than 100 properties were
re-guided).
c.Long range planning activities. Review and provide input on several studies.
i.Land use study of former Sam’s Club property.
ii.TexaTonka Neighborhood Commercial Node small area plan
iii.Historic Walker-Lake revitalization plan
iv.Food access study
d.Zoning code studies
i.Small cell wireless facilities ordinance
ii.Mixed-Use zoning district requirements
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iii.C-1 District retail/service/liquor store size requirements
iv.Accessory dwelling unit requirements and adopt ordinance revisions
v.Form-Based Code for Transit Oriented Development District
vi.Ground floor window transparency requirements
vii.Architectural materials requirements and adopt ordinance revisions
viii.Transitional industrial zoning district
ix.Home occupation zoning requirements
III.Racial equity and inclusion
a.Identify strategies to broaden participation and reduce barriers to public
participation. Review notification methods, online opportunities to submit input,
and consider when providing translation services, transportation or child care may
be warranted.
IV.Opportunities for collaboration
a.If commissioner training on variances occur, include the Board of Zoning Appeals.
Page 9
Applications Reviewed in 2018
2009 2010 2011 2012 2013 2014 2015
2 1 1 1
758
1
6 7 6
744
4
2
10
1
5
2
1
1
4 2
1 6
3
6
5
1
6
2
3
3
3 1
4
2
6
3
6
5
APPLICATIONS REVIEWED
Comprehensive Plan Amendments Conditional Use Permits Planned Unit Developments
Rezoning Subdivisions/Plats Variances
Zoning Code Amendments
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
2 1 1 1
7
1 1 2
5 8
1
6 7 6
7
9 7
1544
4
2
10
1
5
8
6
5
2
1
1
4 2 2
1
1 6
3
6
5
1
6 4
3
1
2
3
3
3 1
2
2
11
4
2
6
3
6
5 6
2
6
APPLICATIONS REVIEWED
Comprehensive Plan Amendments Conditional Use Permits Planned Unit Developments
Rezoning Subdivisions/Plats Variances
Zoning Code Amendments
Page 10
Development activities in St. Louis Park
Updated January 2019
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Projects under consideration
Luxe Residential
Location: 5235 Wayzata Blvd.
Description: DLC Residential has applied for a planned unit
development (PUD) application for a new six-story apartment building
in the West End, at the current Olive Garden site. The project will
include 207 units ranging in size from studio to three-bedrooms and
two levels of underground parking. The site will also include a new
pocket park along 16th Street and pedestrian improvements
connecting the apartment to the rest of the West End.
If the project is approved, construction would start Fall 2019 and
continue through 2021.
Developer: Robinson Zamorano, DLC Residential
Beltline Boulevard Station Site
Location: 4601 and 4725 Hwy. 7 and 3130 Monterey Ave. S.
Description: On Feb. 5, 2018 the St. Louis Park Economic Development
Authority (EDA) entered into an agreement with Sherman
Development Associates LLC to develop a mixed-use, transit-oriented
development at the Southwest Light Rail Transit (SWLRT) Beltline
Boulevard Station Site.
Developer: Sherman Development Associates LLC
Approved Projects
Westwood Hills Nature Center
Location: 8300 W. Franklin Ave.
Description: In the late 1950s, the city had the foresight to acquire
160 acres of open space that is now the much-treasured Westwood
Hills Nature Center, located south of I-394 and east of Highway 169
just minutes from downtown. The center allows visitors of all ages
and backgrounds to learn about and connect with nature through a
variety of programming.
However, the aging interpretive center no longer meets the needs
of visitors. Programming, staff operations and public needs have
outgrown its small spaces, and it’s difficult for more than one
programming activity to take place at any one time. The remote
location of the interpretive center – removed from the parking lot
and at the top an uphill walk – presents challenges to visitors with
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disabilities, parents with small children and others. Providing more
space and making the center accessible to the parking lot will allow
a wider audience to enjoy the nature center for a variety of activities
from passive to active.
The existence of the nature center, as well as construction of a new
interpretive center, allows the city to showcase its leadership in
environmental stewardship. The proposed project will connect
people to nature through the site and building design, while also
exhibiting innovative energy-saving measures. Those measures will
provide a teaching tool for residents as well as providing long-term
maintenance savings to the city.
Tree removal on the site has taken place, and construction of the
new interpretive center will begin in spring 2019.
Urban Park Apartments
Location: 3601 Phillips Pkwy.
Description: The city council approved an application for
construction of a second apartment building at Urban Park
Apartments. The new building would have 61 market rate
apartments, two community rooms and a fitness center. The site
would also include a pool and improved outdoor amenity space as
part of the project.
Construction will start in spring 2019, and is expected to last a year.
Developer: North Shore Development Partners
Bridgewater Bank
Location: 4424 and 4400 Excelsior Blvd. & 3743 Monterey Drive
Description: Bridgewater Bank has approvals to construct a four-
story, 84,000-square-foot office building with a 7,000-square-foot
bank branch, 7,000 square feet of retail and service space and three
levels of structured parking. The first floor will include Bridgewater
Bank's customer branch and retail space. The second, third and
fourth floors will include the bank's executive offices and
opportunities for co-working entrepreneurial space. There are also
plans for a plaza at the corner of Excelsior Boulevard and Monterey
Drive with outdoor seating, space for public art and landscaping.
Construction will continue through January 2020.
Developer: Bridgewater Bank
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Park Village
Location: 5400 Excelsior Blvd. (former Mann Theater)
Description: The city approved a planned unit development (PUD)
amendment to renovate the Mann Theater building. The application
proposes medical office use on the entire first floor of the existing
Mann Theater building, and proposes to keep the second floor
vacant in the near term. A future phase may include renovating the
second floor; while the future uses are unknown at this time, it may
be some form of medical office.
The major amendment process includes rezoning the property from
C-2 General Commercial to PUD and a zoning code text amendment.
This application requires a public hearing at the planning
commission and city council approval of an ordinance.
Renovations have begun on the building and will be complete in
2019.
Developer: Tower Light LLC
Platia Place
Location: 9808 and 9920 Wayzata Blvd
Description: The proposed development at the former Santorini’s
restaurant site includes a 149-unit apartment building and a 6-story,
112-room hotel at the northwest corner of I-394 and MN 169. Final
approval of the plat and PUD are anticipated in early 2018.
The developer expects to close on all project parcels in Summer 2019
and begin construction soon after.
Developer: SLP Park Ventures, LLC
Bais Yaakov Girls’ High School
Location: 4503 and 4509 Minnetonka Blvd.
Description: The City of St. Louis Park has approved an application
for a conditional use permit and variance for Bais Yaakov Girls High
School. The school will be located at 4503 and 4509 Minnetonka
Blvd., in the RC high-density, multiple-family zoning district.
Educational facilities with more than 20 students are allowed in the
RC district by conditional use permit. The school is requesting a
variance of five feet to reduce the front setback from 30 feet to 24.8
feet. This will bring the existing building in compliance with the
zoning ordinance. The school proposes adding a third story and new
lobby to the existing building, as well as a student drop-off area in
the parking lot.
Construction will be complete in 2019.
Developer: Anthony Construction
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Via
Location: SE quadrant of Hwy 7 and Wooddale Ave
Description: PLACE, a non-profit developer, has approved plans to
construct a mixed-use, mixed-income transit-oriented
redevelopment at the southeast quadrant of Highway 7 &
Wooddale Ave called Via. The plans include 299 apartment units, a
110-room hotel, a coffee shop, cafe, a bike shop, a makers space, a
co-working space, e-generation and greenhouse and approximately
1-acre urban forest. The development will be split between the
north and south sides of the planned SWLRT Wooddale Station.
The proposed development incorporates a mix of renewable energy
sources, including an anaerobic digester, a wind turbine and solar
panels, which will provide 90% of the heat and power for the
development. The entire development is designed to achieve LEED
certification.
Demolition of the former McGarvey building was complete in
November 2017. Remediation on the north site began in January
2019, and construction will start soon after. Construction on the
south site is anticipated to start in summer 2019.
Developer: PLACE
The Elmwood
Location: 5605 W 36th St
Description: 36th Street LLC, the owner of the 36th Street Business
Center/American Legion at 5606 W. 36th Street, has approved plans
for a 5 story, 70 unit mixed-use development called The Elmwood.
The building will be marketed toward residents aged 55+ who lead
active lifestyles. The development will be located on a 1 acre parcel
at the southeast corner of Xenwood Avenue and 36th Street West.
The Elmwood consists of market rate and affordable apartments,
and approximately 4,400 square feet of leasable office/commercial
space. The development includes on-street, surface, and
underground parking and 1/4 acre of outdoor amenity space.
The building is expected to open summer 2020.
Developer: 36th Street LLC
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Central Park West (The West End final phases)
Location: I-394 and Highway 100
Description: Five more buildings are planned for construction at The
West End at I-394 and Highway 100. The phases include two 6-story
multiple-family residential buildings, a 6-story limited service hotel,
two 11-story office buildings, a 2,534-stall parking ramp, and a
central civic space featuring public art. Phases include:
•Phase 1-Central Park West Apartments: 199 units
(complete end of 2017)
•Phase III-AC Hotel by Marriott: 150 rooms (complete
2018).
•Phase IV-10 West End: 335,710 square feet (coming
soon).
•Phase II-Elan West EndApartments: 164 units
•Phase V-Future office: 335,710 square feet
Developer: DLC Residential
10 West End (Phase IV of Central Park West)
Location: 1601 Utica Avenue S
Description: The Excelsior Group and Ryan Companies have
approved plans for an 11-story, 335,710 square feet Class A office
building within The West End area. The building is Phase IV of the
Central Park West and will include the building and one half of a
planned parking structure, providing 1,200 stalls.
Key features include approximately 5,000 square feet of shared
outdoor amenity space, 3,500 square feet of covered retail at ground
level, a fitness facility, public locker rooms, and an indoor bike room
that can be accessed from the linear civic space. The design of the
building incorporates mostly Class I materials and provides a modern
take on the durability of a brick warehouse building.
Construction is expected to commence once sufficient pre-leasing
commitments have been secured.
Developer: The Excelsior Group and Ryan Companies
Arlington Row East & West
Location: Intersection of Wayzata Boulevard and Texas Avenue
Description: Melrose Company received approval to develop two
properties near the 7700 block of Wayzata Boulevard and Texas
Avenue. The west parcel will be developed into two three-story
apartment buildings with 34 units and off-street parking covered by
a solar power carport. The east parcel will be developed into a three-
story apartment building with 27 units and surface parking to the
north.
Developer: Melrose Company
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Completed Projects
Parkway 25
Location: 4001 County Road 25 and 4025 Highway 7
Description: Sela Group recently acquired the former Vescio
Restaurant and Valu Stay Inn sites at 4001 County Road 25 and 4025
Highway 7 respectively. Plans have been approved to redevelop the
properties with a five-story, mixed-use building. The redevelopment
consists of 112 luxury apartment units and 12,000 square feet of
ground floor commercial space on a combined 1.57 acre parcel. The
project includes surface and underground parking and outdoor
amenity space.
The building opened in late 2018.
Developer: Paz Sela, Sela Investments
Courtyard by Marriott Hotel
Location: 9960 Wayzata Blvd.
Description: A Courtyard by Marriott Hotel is being constructed on
the north side of the existing Marriott hotel in the Shelard Park area.
The hotel will be six stories with 142 rooms. The two hotels will have
a pedestrian connection allowing customers to have full access to
amenities offered at each hotel. The hotel opened January 2018.
Developer: CSM Corporation
AC Hotel By Marriott (Phase III of Central Park
West)
Location: 5075 Wayzata Blvd
Description: TPI Hospitality is constructing a 6-story, 126 room AC
Hotel by Marriott in the West End area. It is Phase III of the Central
Park West redevelopment and is located on the border of St. Louis
Park and Golden Valley. The hotel will have a rooftop amenity space
as well as a small bar and restaurant.
Construction began in spring 2017 and the building opened in
January 2018.
Developer: TPI Hospitality
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Lincoln Car Dealership
Location: 6475 Wayzata Boulevard
Description: NLD 394 LLC is redeveloping a 2.7 acre parcel at the
former site of Woodfire Grill and Bennigan’s Restaurants along the
south side of Wayzata Blvd. The developer plans to construct a new
26,471 square feet auto dealership building, parking lot, new
landscaping, and an underground storm water management
system. Demolition began early 2017 and the store opened in early
2018.
Developer: NLD 394 LLC
Zoning Amendments
Electric Vehicle Supply Equipment Ordinance
In February 2018, the city council adopted a Climate Action Plan with the ambitious goal of achieving
carbon neutrality, or having a net zero carbon footprint, by 2040. The plan also sets an interim goal to
reduce vehicle emissions by 25% by 2030, as compared to the business-as-usual forecast. The first action
it calls for is to expand infrastructure for electric vehicle charging. The city is already expanding public
infrastructure for electric vehicle charging. This ordinance will help expand private electric vehicle
charging infrastructure.
City staff are developing zoning requirements for electric vehicle charging stations in new developments.
The intent is to facilitate and encourage the use of electric vehicles and to expedite the establishment of
a convenient, cost-effective electric vehicle infrastructure. The ordinance will establish definitions,
permitted locations, required number of spaces, design standards, and maintenance obligations. Planning
commission recommended approval of the ordinance in December 2018, and staff will bring the ordinance
before council for approval in early 2019.
Architectural Materials for Greenhouses
In 2017 there was an increased interest by community members and developers to provide opportunities
for food growing facilities in St. Louis Park. The city council approved a food producing greenhouse as part
of the PLACE Planned Unit Development, and received interest and a presentation from a local non-profit
advocating for increased access to local, fresh food. In February 2018 planning commission approved a
zoning code amendment to allow high impact, non-yellowing, double-skinned acrylic products to be used
for accessory greenhouses.
Accessory Uses in Industrial Districts
The Community Development department proposed a zoning amendment to allow taprooms and
accessory uses in the industrial districts in a similar manner as the Business Park zoning district. The
amendment includes several conditions designed to reduce and eliminate potential impacts the outdoor
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seating may have on residential properties in close proximity to the business. Staff found the impacts of
the proposed amendment are minimal city wide.
Educational Facilities in the R-4 Zoning District
Yeshiva of Minneapolis requested a zoning code amendment to allow dormitories as part of educational
facilities in the R-4 district. The city approved a similar amendment to the R-3 two-family residence zoning
district in 2013 following an application from Yeshiva of Minneapolis, which limited the number of
students to 50. This student maximum met the needs of the Yeshiva until now. The Yeshiva also applied
for an addition to the school to be completed for the 2019-20 school year. The proposed addition includes
student housing for up to 200 students. Living arrangements for 200 students is consistent with apartment
developments allowed in the R-4 multiple-family residence zoning district.
Ground Floor Area Ratio in the R-3 Zoning District
Ground floor area is the lot area covered by a building measured from the exterior faces of exterior walls
but excluding decks and terraces and detached garages which do not exceed 15 feet in height. Ground
Floor Area Ratio (GFAR) is the numerical value obtained by dividing the ground floor area by the lot area
on which the building(s) is located. The 0.25 ground floor area ratio for the two-family district dates back
to the 1959 city code, and has remained unchanged since. City records do not indicate why 0.25 was
decided upon.
The 1959 city code had a 0.3 ground floor area ratio for single-family homes. The 0.3 ground floor area
ratio was increased to 0.35 in 2006 in response to the move-up in the park initiative for single-family
homes located in the R-1 and R-2 single-family residence districts. This amendment allows single-family
and two-family residences located in the R-3 district to have the same ground floor area ratio as allowed
in the R-1 and R-2 districts.
Mixed Use Zoning District Revision
Historically, the City of St. Louis Park rezoned properties to M-X Mixed Use Zoning District and applied a
Planned Unit Development (PUD) Permit to allow for mixed-use buildings. In 2015, the City of St. Louis
Park adopted a specific PUD zoning district, reducing the effectiveness and usefulness of the existing M-X
District. As of today, there are no undeveloped (or underdeveloped) parcels zoned for mixed-use, so a
rezoning would be required.
In August 2017 staff kicked off the process to update the existing M-X District to provide a zoning district
that allows a citywide standard for mixed-use developments that are site and context sensitive. Over
several study sessions in fall 2017, staff presented options to the Planning Commission for determining
building orientation, building height, transitions between residential districts building setbacks, bonuses,
building articulation standards, façade details, and screening options. Throughout 2018 staff presented
additional M-X District code options for the commission’s consideration, with the expectation of bringing
a revised M-X zoning district for planning commission review and consideration in the first quarter of
2019.
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Small Cell Wireless Ordinance
On May 30, 2017, Governor Mark Dayton signed a bill amending the state’s Telecommunications Right-
of-Way User Law. This law restricts the city’s ability to control installation of small cell wireless technology
in public right-of-way. Under the new law, cities may continue to require a permit to install small wireless
facilities, however, the law significantly limits the city’s ability to deny the proposed installations.
Staff presented a draft ordinance to planning commission in December 2017. This zoning amendment
clarified existing regulations, and created additional regulations intended to further define where
equipment can be installed, expanded upon co-location requirements, and created additional design
criteria. Staff will continue to work with other departments and city attorneys to refine the ordinance
and anticipate bringing a complete ordinance to planning commission for review and consideration in
early 2019.
Architectural Design
City staff are developing revisions to the architectural design standards in the zoning ordinance, and
evaluating the effectiveness of the ordinance. This amendment will update building materials, design
criteria, and screening requirements. Staff will assemble panel of design professionals to review these
standards, and present the revised zoning ordinance to planning commission in 2019.
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Appendix A: Full List of Applications
Conditional Use Permit, Variance – Bais Yaakov Girls High School
Location: 4503 and 4509 Minnetonka Boulevard
Applicant: Anthony Construction
Case No.: 17-30-CUP, 17-31-VAR
Zoning Code Amendment – Greenhouse architectural materials
Applicant: City of St. Louis Park
Case No.: 18-01-ZA
Conditional Use Permit – Aquila Park girls’ softball fields
Location: Aquila Park
Applicant: City of St. Louis Park
Case No.: 18-02-CUP
Conditional Use Permit for building addition – Lifetime Fitness building addition
Location: 5525 Cedar Lake Road
Applicant: Lifetime Fitness
Case No.: 18-04-CUP
Major Amendment to PUD – Park Village
Location: 5400 Excelsior Blvd.
Applicant: Tower Place LLC
Case No.: 18-09-PUD
Preliminary, Final Plat & PUD - Bridgewater Bank Corporate Headquarters
Location: 4424 and 4400 Excelsior Blvd., 3743 Monterey Drive
Applicant: Bridgewater Bank
Case Nos.: 18-07-S, 18-08-PUD
Conditional Use Permit – French American School of Minneapolis
Location: 2220, 2211 and 2221 Florida Avenue South
Applicant: French American School of Mpls.
Case No.: 18-15-CUP
Preliminary Plat – Louisiana Alignment Second Addition
Location: 7180 and 7200 Lake Street W.
Applicant: Crown Castle
Case No.: 18-20-S
Conditional Use Permit – Light of the World Church
Location: 6713 and 6719 Cedar Lake Road
Applicant: Light of the World Church
Case Nos.: 18-21-CUP
Zoning code amendment – Accessory uses in industrial districts
Page 21
Applicant: City of St. Louis Park
Case No.: 18-27-ZA
Conditional Use Permit – Spanish Immersion School
Applicant: St. Louis Park School District No. 283
Location: 9400 Cedar Lake Road
Case No.: 18-30-CUP
Conditional Use Permit – Wat Prom Buddhist Temple parking lot
Applicant: Wat Prom Buddhist Temple
Location: 2544 Highway 100 S.
Case No.: 18-32- CUP
Conditional Use Permit, Variances – Urban Park Apartments
Applicant: North Shore Development Partners
Location: 3601 Phillips Parkway
Case Nos.: 18-33-CUP, 18-34-VAR, 18-35-VAR, 18-36-VAR, 18-37-VAR, 18-38-VAR
Conditional Use Permit – Westwood Hills Nature Center
Applicant: City of St. Louis Park
Location: 8300 Franklin Avenue
Case No.: 18-31-CUP
Zoning ordinance amendment – educational facilities in the R-4 zoning district
Applicant: Yeshiva of Minneapolis
Case No.: 18-39-ZA
Conditional Use Permit, Variance – St. Louis Park Middle School
Applicant: St. Louis Park School District
Location: 2025 Texas Ave. S.
Case Nos.: 18-40-CUP and 18-41-VAR
Conditional Use Permit – St. Louis Park High School
Applicant: St. Louis Park School District
Location: 6425 W. 33rd St.
Case Nos.: 18-45-CUP and 18-46-VAR
Conditional Use Permit, Variance – The Block
Applicant: Craft & Crew, Luke Derheim
Location: 7008 Highway 7
Case Nos.: 18-49-CUP, 18-50-VAR
Rezoning, Comprehensive Plan Amendment, Conditional Use Permit, Variances – Yeshiva of
Minneapolis
Applicant: Yeshiva of Minneapolis
Location: 3115 Ottawa Ave. S.
Case Nos.: 18-51-Z, 18-52-CP, 18-53-S, 18-54-CUP, 18-55-VAR, 18-56-VAR, 18-57-VAR 18-63-VAR
Page 22
Zoning ordinance amendment – ground floor area ratio in R-3 two-family residence district
Applicant: Gene Nicolelli
Case No.: 18-65-ZA
2040 Comprehensive Plan
Applicant: City of St. Louis Park
Case No.: 17-29-CP
Preliminary, Final PUD – Luxe Residential
Applicant: Robinson Zamorano
Location: 5235 Wayzata Blvd.
Case No.: 18-68-PUD
Zoning Ordinance Amendment – Electric vehicle supply equipment and outdoor parking lighting
requirements
Applicant: City of St. Louis Park
Case No.: 18-67-ZA
Study Session Reports and Discussions
•Bridgewater Bank Development
•Neighborhood Planning Workshops
•Mixed-Use Zoning District
•Council Chambers Safety Training
•Monterey Drive Multimodal Study
•Bridgewater Traffic Study
•Comprehensive Plan Updates
•Electric Vehicle Supply Equipment Ordinance
•Transparency Ordinance
•St. Louis Park 2040 Survey Results
•Retail and Service Site Requirements
•Tour of AC Hotel by Marriott and walking tour of West End
•Home Occupations
Page 23
Appendix B: 2019 Work Plan
Page 24
Board and Commission
Annual Workplan
Approved: November 19, 2018
Updated: February 6, 2019
Work Plan│ Planning Commission
Time
Frame
Initiative Strategic
Priorities
Purpose
(see page 2 for definitions)
Outcome (fill in after
completed)
Ongoing Review development applications, hold
study sessions and hearings in order to
make informed recommendations to city
council
☐New Initiative
☐Continued
Initiative
☒Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q2-Q4 Rezoning based on the future land use
changes in the comprehensive plan
☒New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☒Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q3-Q4 Texa-Tonka Neighborhood Commercial
Node small area plan
☒New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☐Council Initiated Project
☒Report Findings (council requested)
☐Formal Recommendation (council
requested)
Q2-Q3 Historic Walker-Lake revitalization plan ☐New Initiative
☒Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☐Council Initiated Project
☒Report Findings (council requested)
☐Formal Recommendation (council
requested)
Q3-Q4 Food access study ☒New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☒1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☒Council Initiated Project
☒Report Findings (council requested)
☐Formal Recommendation (council
requested)
Q1-Q2 Mixed-Use zoning district requirements ☐New Initiative
☒Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☒Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Page 25
Board and Commission
Annual Workplan
Approved: November 19, 2018
Updated: February 6, 2019
Q1 C-1 district retail/service/liquor store
size requirements
☐New Initiative
☒Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☒Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q1 Ground floor commercial window
transparency requirements
☐New Initiative
☒Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q1 Small cell wireless facilities ordinance ☐New Initiative
☒Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☐ 3
☐4 ☐ 5
☒N/A
☒Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q2-Q4 Architectural materials requirements ☐New Initiative
☒Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☐ 3
☐4 ☐ 5
☒N/A
☒Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q2-Q4 Accessory dwelling unit ordinance ☒New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☒Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q2-Q4 Form-Based Code for Transit Oriented
Development areas
☐New Initiative
☒Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☒Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q4 Transitional industrial zoning district and
work toward formal adoption
☐New Initiative
☐Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☒Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Page 26
Board and Commission
Annual Workplan
Approved: November 19, 2018
Updated: February 6, 2019
City of St. Louis Park Strategic Priorities
1.St. Louis Park is committed to being a leader in racial equity and inclusion in order to create a more just and inclusive community for all.
2.St. Louis Park is committed to continue to lead in environmental stewardship.
3.St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development.
4.St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably.
5.St. Louis Park is committed to creating opportunities to build social capital through community engagement
OR Other
Q1-Q4 Home occupation zoning requirements
and work toward formal adoption
☒New Initiative
☒Continued
Initiative
☐Ongoing
Responsibility
☐1 ☐ 2 ☒ 3
☐4 ☐ 5
☐N/A
☐Commission Initiated Project
☒Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Q1-Q4 Identify strategies to broaden
participation and reduce barriers to
public participation. Review notification
methods, online opportunities to submit
input, and consider when providing
translation services, transportation or
child care may be warranted.
☐New Initiative
☐Continued
Initiative
☒Ongoing
Responsibility
☒1 ☐ 2 ☐ 3
☐4 ☒ 5
☐N/A
☒Commission Initiated Project
☐Council Initiated Project
☐Report Findings (council requested)
☒Formal Recommendation (council
requested)
Page 27
Board and Commission
Annual Workplan
Approved: November 19, 2018
Updated: February 6, 2019
Purpose: definitions
Modifications:
Work plans may be modified, to add or delete items, in one of three ways:
•Work plans can be modified by mutual agreement during a joint work session.
•If immediate approval is important, the board or commission can work with their staff liaison to present a modified work plan for city
council approval at a council meeting.
•The city council can direct a change to the work plan at their discretion.
•Project initiated by the board or commission
Commission Initiated Project
•Project tasked to a board or commission by the city council
Council Initiated Project
•Initiated by the city council
•Board and commission will study a specific issue or topic and report its findings or comments to the city council in
writing
•No direct action is taken by the board/commission
Report Findings
•Initiated by the city council
•Board and commission will study a specific issue or topic and makes a formal recommendation to the city council on
what action to take
•A recommendation requires a majoirty of the commissioners' support
Formal Recommandation
Page 28
Board and Commission
Annual Workplan
Approved: November 19, 2018
Updated: February 6, 2019
Parking Lot
Items that are being considered by the board/commission but not proposed in the annual work plan. Council approval is needed if the
board/commission decides they would like to move forward with an initiative.
Initiative Comments:
Page 29
Planning Commission
Meeting Date: February 6, 2019
Study Session Item 2
2.Zoning Amendment Ordinance – Small Wireless Facilities
RECOMMENDED ACTION: Review draft zoning ordinance and provide comments.
SUMMARY: On May 30, 2017, Governor Mark Dayton signed a bill amending the state’s
Telecommunications Right-of-Way User Law. This law restricts the city’s ability to control
installation of small cell wireless technology in public right-of-way. Under the new law, cities may
continue to require a permit to install small wireless facilities, however, the law significantly limits
the city’s ability to deny the proposed installations.
Also, on September 26, 2018, the Federal Communications Commission approved a Declaratory
Ruling and Third Report and Order focusing on state and local management of small cell wireless
infrastructure deployment. The ruling conflicts with Minnesota’s existing law and we have been
working with the city attorney’s office to work through the complex legal issues.
Staff prepared the attached zoning amendment to clarify existing regulations and create additional
regulations intended to further define where installations can be installed, expand on co-location
requirements, and create additional design criteria. These requirements would regulate small
wireless facilities on private property.
The proposed ordinance includes conditions resulting from lessons learned from cities in
Minnesota and from around the nation. The city attorney has reviewed the proposed ordinance for
compatibility with the new state law and federal rules. Those revisions are included in this version
of the ordinance.
Planning commission reviewed an earlier version of the ordinance on December 6, 2017.
NEXT STEPS: Staff will finalize the ordinance based on feedback from planning commission
and the city attorney, and prepare the ordinance for a public hearing on February 20, 2019. At this
time the commission will vote on a recommendation for city council.
Attachments: Draft Ordinance
State Statute
Prepared by: Jacquelyn Kramer, Associate Planner
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Page 30
Draft Ordinance
Article IV. Zoning Districts
DIVISION 2. LAND USE DESCRIPTIONS AND CHARACTERISTICS
***
Micro wireless facility. A small wireless facility that is no larger than 24 inches long, 15
inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
***
Pedestrian Plaza means an area between a building and a street curb, or an area adjacent
to a sidewalk or trail that provides visual and pedestrian access onto a site, and provides an
opportunity for people to gather or assemble without impeding pedestrian flow through the site
or along the pedestrian path of travel. The pedestrian plaza includes the gathering/assembly area
and the length of sidewalk or trail adjacent to the gathering/assembly area.
***
Small wireless facility.
(1)a wireless facility that meets both of the following qualifications:
(i) each antenna is located inside an enclosure of no more than six cubic feet in
volume or, in the case of an antenna that has exposed elements, the antenna and
all its exposed elements could fit within an enclosure of no more than six cubic
feet; and
(ii) all other wireless equipment associated with the small wireless facility,
excluding electric meters, concealment elements, telecommunications
demarcation boxes, battery backup power systems, grounding equipment, power
transfers switches, cutoff switches, cable, conduit, vertical cable runs for
connection of power and other services, and any equipment concealed from public
view within or behind an existing structure or concealment, is in aggregate no
more than 28 cubic feet in volume; or
(2)a micro wireless facility.
***
Wireless facility. Equipment at a fixed location that enables the provision of wireless
services between user and equipment and a wireless service network, including: (1) equipment
associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless of technological
configuration; and (3) a small wireless facility. Wireless facility does not include: (1) wireless
Page 31
support structures, (2) wireline backhaul facilities, or (3) coaxial or fiber-optic cables between
utility poles or wireless support structures, or that are not otherwise immediately adjacent to or
directly associated with a specific antenna.
Wireless service. Any service using licensed or unlicensed wireless spectrum, including
the use of Wi-Fi whether at a fixed location or by means of a mobile device, thatdevice that is
provided using wireless facilities. Wireless service does not include services regulated under
Title VI of the Communications Act of 1934, as amended, including a cable service under United
States Code, title 47, section 522 clause (6).
Wireless support structure. A new or existing structure in a public right-of-way designed
to support or capable of supporting small wireless facilities, as reasonably determined by the
city.
Wireless telecommunication facility. Equipment used to provide wireless
telecommunication or data services, including all antennas, radios, support devices, equipment
including ground equipment, associated cables, and attachments.
***
Sec. 36-142. Descriptions.
***
(c) Institutional uses. The following are typical of the institutional uses referred to in this chapter.
(1)Antenna means any free-standing structure or any device attached to a building, pole, tower or
utility structure used for the purpose of collecting or transmitting information or data
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, except for Bbuilding-Mmounted antennas for private use on the premises where it is
located, such as amateur radio antennas, and antennas receiving television or radio signals.
(2)Communication tower means a free-standing structure whose primary purpose is to which
supports one or more antennae and includes accessory uses directly related to the tower, such as
utility buildings or structures used to enclose the equipment associated with the antennae.
Communication tower includes “wireless support structure”.
Article v. special provisions
***
Page 32
Sec. 36-367. Communication towers and antennas.
(a)Purpose.
(1)To accommodate the reasonable communication needs of residents and business in the
community while protecting the public health, safety, and general welfare of the
community;
(2)To establish appropriate maximum heights of communication towers and antennas,
considering their potential adverse impacts on the community at large and the ability to
mitigate such impacts;
(3)To minimize adverse impacts on properties in close proximity to communication towers
and antennas;
(4)To minimize adverse visual effects of communication towers and antennas through
careful design and siting standards;
(5)To avoid potential damage to adjacent properties from communication tower and antenna
failure through structural standards and setback requirements; and,
(6)To maximize the use of existing communication towers, antennas and buildings to
accommodate new antennas in order to reduce the number of communication towers
needed to serve the community.
(b)Zoning compliance. Communication towers and antennas are allowed as provided in each
zoning district and must be in compliance with the provisions of this Ordinance.
(c)Communication Tower and Antenna Design Requirements. Communication towers and
antennas proposed or modified anywhere in the city, including in right-of-ways, shall meet
the following design requirements:
(1)Communication towers up to 120 feet in height shall be of a monopole type.
(2)The city may impose reasonable requirements to preserve the design, appearance or
intended purpose of a structure when collocation is proposed.
(3) Each wireless facility is limited to one pole.
(4) Antenna designs and mounts shall be designed to minimize visual impact.
(5) All small wireless facilities and their support structures must use the same color and/or
finish as the pole they are mounted to.
(6) All small wireless facilities (with the exception of antenna) must be flush with supporting
pole to minimize the profile of the facilities. Antenna must be mounted within two (2)
inches of the support pole.
(7) All wires servicing small wireless facilities and support facilities must be located inside
support poles, mounting brackets, or underground.
Page 33
(8)Communication 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 law or regulation that preempts local regulations.
Wireless facilities and lighting may collocate if the lighting is intended for pedestrian or
traffic safety or to illuminate parking lots or recreational fields.
(9) All small wireless facilities and support facilities must comply with city’s noise
regulations.
(10) Back-up battery facilities that generate noise are prohibited.
(11) Small wireless facilities shall not obstruct city street and wayfinding signage.
(12)The use of any portion of a communication tower for displaying flags or signs other than
warning or equipment information signs is prohibited.
(13) No stickers, signs, or decals are allowed to be visible on small wireless facilities. The
exception to this rule are safety alerts required by law. These must be placed on the back
or underside of facilities.
(14)Ground equipment associated with a communication tower or antenna shall be housed
in a building. The building shall meet the architectural design standards of the Zoning
Ordinance, and shall meet the minimum communication tower setback requirements of
the underlying zoning district. This provision shall not apply to small wireless facilities.
(15) Wireless facilities and wireless support structures shall maintain at least eight feet of
clearance from other poles, furniture, landscaping, art and other obstructions.
(16) All small wireless facilities must be mounted so that there is a vertical clearance of at
least nine (9) feet between the facility and the grade at any pedestrian sidewalks, trails or
plazas.
(d)Free-Standing Antennas. Any antenna that is a separate structure and not attached to a
building shall comply with all height and other requirements of this Chapter relating to
Towers.
(ce) Co-Location Requirements.
(1)A proposal for a new communication tower or antenna shall not be approved unless the
applicant shows that the antenna cannot be reasonably accommodated on an existing
pole, structure, communication tower or building.
(2)The owner of any communication tower exceeding 50 feet in height constructed after the
effective date of this Ordinance shall permit the reasonable joint use of the structure for
other antennas.
(d)Communication Tower Setbacks.
Page 34
(1)Monopoles shall be setback at least 10 feet from all lot lines. Communication towers of
all other construction types shall be setback a distance equal to 1.5 times their engineered
collapse radius or a distance equal to their height, whichever is less.
(2)All communication towers shall be located a minimum distance of twice their height from
any parcel zoned or used for residential purposes, or zoned mixed-use.
(3)Communication towers shall not be located between a principal structure and a public
street, with the following exceptions:
a.In industrial zoning districts, communication 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, communication towers may be placed
between the building and either the side lot line abutting a street or the rear lot line.
(f)Building-Mounted Antennas.
(1)Antennas attached to a building shall be no higher than 30 feet above the highest point of
the building.
(2)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
most effectively screens the equipment, as determined by the Zoning Administrator.
(eg) Location specific regulations for communication towers and antennas.
(1)Residential Zoning Districts.
a.No more than one communication tower is allowed per parcel. Communication towers
located on parcels occupied by residential dwellings are only allowed in the rear yard.
b. Communication towers and antennas located on property used for residential purposes
shall be limited to communication towers and antennas used for the private enjoyment
of those on the premises.
(2) Antennas not located in the Public Right-of-way.
a Monopoles shall be setback at least 10 feet from all lot lines. Communication towers
of all other construction types shall be setback a distance equal to 1.5 times their
engineered collapse radius or a distance equal to their height, whichever is less,
except that all communication towers located on private property shall be located a
minimum distance of twice their height from any parcel zoned or used for residential
purposes, or zoned mixed-use.
b.All equipment located on the ground shall be set back as to comply with the
minimum yards of the zoning district they are located in, except that equipment
located entirely underground is allowed to encroach into the required yards.
Page 35
c. Communication towers shall not be located between a principal structure and a lot
line adjacent to a public street, with the following exceptions:
1. In industrial zoning districts, communication towers may be placed between the
building and the side lot line abutting a street.
2. On sites adjacent to public streets on all sides, communication towers may be
placed between the building and either the side lot line abutting a street or the rear
lot line.
d.No small wireless facility may extend more than ten (10) feet above its wireless
support structure.
(23)Antennas in the Public Right-of-Way. Antennas may co-locate on existing poles or
communication towers in the City, County, or State right-of-way within any zoning district. A
City Public Works permit for uses in the public right-of-way and written permission from
applicable jurisdictions are required.Small wireless facilities and wireless support structures
may be installed in the public right-of-way with the following conditions:
a.Small wireless facilitiesAntennas and antennas necessary for the operation of public
service equipment may co-locate on existing poles or communication towers in the
City, County, or State right-of-way within any zoning district. Permits from the
applicable jurisdictions are required.
b.Preference shall be given to locating small wireless facilities in the boulevard, rather
than medians.
c.Equipment located on the ground shall be located at least five feet from a street curb.
d. An applicant that proposes to install or replace a pole in a right-of-way improved with
decorative poles must install a pole consistent with the existing decorative poles.
e. Equipment located on the ground shall be encased in a protective screening enclosure.
f. The colors and/or materials of ground equipment protective screening shall be
designed to blend into the streetscape, match existing buildings adjacent to the right
of way or shall be wrapped in a public art graphic. The design of ground equipment
shall minimize their visual impact in the right of way.
g.Small wireless facilities must meet the requirements of Section 24, Division III of the
St. Louis Park City Code.
(34)A communication tower that complies with all other requirements of this chapter is
allowed as a conditional use in a wetland, public waters wetland, Wetland Conservation
Act (WCA) wetland, flood fringe district or general floodplain district. The standards for
the issuance of a conditional use permit shall be the general criteria contained in this
chapter applicable to all conditional use permits and the specific requirements for
conditional uses in the flood fringe and general floodplain districts. The tower shall also
comply with all other applicable laws and regulations.
Page 36
(f) Communication Tower and Antenna Design Requirements. Proposed or modified
communication towers and antennas shall meet the following design requirements.
(1) Communication 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.
a. Describes the communication tower height, width including antennas, and design
including a cross section and elevation; a site plan which demonstrates all building
(3) Communication Tower Lighting. Communication 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 law or
regulation that preempts local regulations.
(4) Signs, Advertising and Display. The use of any portion of a communication tower for
displaying flags, signs other than warning or equipment information signs is prohibited.
(5) Associated Equipment. Ground equipment associated with a communication tower or
antenna shall be housed in a building. The building shall meet the architectural design
standards of the Zoning Ordinance, and shall meet the minimum communication tower
setback requirements of the underlying zoning district.
(hg) Communication Tower Construction and Maintenance Requirements.
(1) Construction Requirements. All antennae and communication towers erected,
constructed, or located within the City shall obtain a building and electrical permits.
Every communication tower or free-standing antenna shall be protected to discourage
climbing of the tower or antenna by unauthorized persons.
(2) Maintenance. Communication 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) Antennas attached to a building shall be no higher than 30 feet above the highest point of
the building.
(2) 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) Free-Standing Antennas. Any antenna that is a separate structure and not attached to a
building shall comply with all height and other requirements of this Chapter relating to Towers.
(ij) Additional Submittal Requirements. In addition to the information required elsewhere in
this Code, applications for communication towers or antennas that are permitted with
conditions or require a conditional use permit shall include the following supplemental
Page 37
information unless it is determined by the Zoning Administrator that certain information is
not required based upon the nature of the proposed antenna or communication tower:
(1)A report from a qualified and licensed professional engineer that:
a.Describes the communication 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 communication 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;
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
communication tower and associated equipment;
i.Reviews potential interference with public safety telecommunications equipment, and
renders an opinion as to what the interference issues may be resulting from the
proposed antenna, and recommendations as to how the interference can be mitigated.
The report must also state whether or not the proposed antenna complies with all non-
interference requirements of the FCC, a copy of the FCC approval of the antennae in
regards to non-interference must be attached.
(2)For all communication towers which are not used solely for private use antenna, a letter
of intent committing the communication tower owner and his or her successors to allow
the shared use of the communication 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 communication tower complies with regulations administered by the Federal
Aviation Administration and Federal Communications Commission shall be submitted.
(j)Discontinued or Unused Communication Towers or Antennas. All discontinued or
unused communication towers or antennas or portions of communication towers and
antennas, together with associated facilities shall be removed within 12 months of the
cessation of operations at the site. In the event that a communication tower is not removed
Page 38
within 12 months of the cessation of operations at a site, the communication tower and
associated facilities may be removed by the City and the costs of removal assessed against
the property.
(k) Amateur Radio Towers.
(1) Communication towers supporting amateur radio antennas shall be exempt from
subsections (d)(1) and (d)(2) above. They shall be setback at least 15 feet from any
property line.
(2) Amateur radio towers must be installed in accordance with the instructions furnished by
the manufacturer of that tower model. Because of the experimental nature of amateur
radio service, antennas mounted on such a tower may be modified or changed at any time
so long as the published allowable load on the tower is not exceeded and the structure of
the tower remains in accordance with the manufacturer’s specifications.
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State Statute
237.162 PUBLIC RIGHT-OF-WAY; DEFINITIONS.
Subdivision 1.Generally.
The terms used in sections 237.162 and 237.163 have the meanings given to them in this
section.
Subd. 2.Local government unit.
"Local government unit" means a county, home rule charter or statutory city, town, or the
Metropolitan Council.
Subd. 3.Public right-of-way.
"Public right-of-way" means the area on, below, or above a public roadway, highway,
street, cartway, bicycle lane, and public sidewalk in which the local government unit has an
interest, including other dedicated rights-of-way for travel purposes and utility easements of
local government units.
A public right-of-way does not include the airwaves above a public right-of-way with
regard to cellular or other nonwire telecommunications or broadcast service.
Subd. 4.Telecommunications right-of-way user.
(a) "Telecommunications right-of-way user" means a person owning or controlling a facility
in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that
is used or is intended to be used for providing wireless service, or transporting
telecommunications or other voice or data information.
(b) A cable communication system defined and regulated under chapter 238, and
telecommunications activities related to providing natural gas or electric energy services, a
public utility as defined in section 216B.02, a municipality, a municipal gas or power agency
organized under chapter 453 or 453A, or a cooperative electric association organized under
chapter 308A, are not telecommunications right-of-way users for the purposes of this section and
section 237.163, except to the extent these entities are offering wireless services.
Subd. 5.Excavate.
"Excavate" means to dig into or in any way remove, physically disturb, or penetrate a part
of a public right-of-way.
Subd. 6.Obstruct.
"Obstruct" means to place a tangible object in a public right-of-way so as to hinder free and
open passage over that or any part of the right-of-way.
Subd. 7.Right-of-way permit.
"Right-of-way permit" means a permit to perform work in a public right-of-way, whether to
excavate or obstruct the right-of-way.
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Subd. 8.Manage the public right-of-way.
"Manage the public right-of-way" means the authority of a local government unit to do any
or all of the following:
(1) require registration;
(2) require construction performance bonds and insurance coverage;
(3) establish installation and construction standards;
(4) establish and define location and relocation requirements for equipment and facilities;
(5) establish coordination and timing requirements;
(6) require telecommunications right-of-way users to submit, for right-of-way projects
commenced after May 10, 1997, whether initiated by a local government unit or any
telecommunications right-of-way user, project data reasonably necessary to allow the local
government unit to develop a right-of-way mapping system, such as a geographical information
mapping system;
(7) require telecommunication right-of-way users to submit, upon request of a local
government unit, existing data on the location of the user's facilities occupying the public right-
of-way within the local government unit. The data may be submitted in the form maintained by
the user and in a reasonable time after receipt of the request based on the amount of data
requested;
(8) establish right-of-way permitting requirements for street excavation and obstruction;
(9) establish removal requirements for abandoned equipment or facilities, if required in
conjunction with other right-of-way repair, excavation, or construction; and
(10) impose reasonable penalties for unreasonable delays in construction.
Subd. 9.Management costs or rights-of-way management costs.
(a) "Management costs" or "rights-of-way management costs" means the actual costs a local
government unit incurs in managing its public rights-of-way, and includes such costs, if incurred,
as those associated with registering applicants; issuing, processing, and verifying right-of-way or
small wireless facility permit applications; inspecting job sites and restoration projects;
maintaining, supporting, protecting, or moving user equipment during public right-of-way work;
determining the adequacy of right-of-way restoration; restoring work inadequately performed
after providing notice and the opportunity to correct the work; and revoking right-of-way or
small wireless facility permits.
(b) Management costs do not include:
(1) payment by a telecommunications right-of-way user for the use of the public right-of-
way;
(2) unreasonable fees of a third-party contractor used by a local government unit as part of
managing its public rights-of-way, including but not limited to any third-party contractor fee tied
to or based upon customer counts, access lines, revenue generated by the telecommunications
right-of-way user, or revenue generated for a local government unit; or
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(3) the fees and cost of litigation relating to the interpretation of this section or
section 237.163 or any ordinance enacted under those sections, or the local unit of government's
fees and costs related to appeals taken pursuant to section 237.163, subdivision 5.
Subd. 10.Collocate.
"Collocate" or "collocation" means to install, mount, maintain, modify, operate, or replace a
small wireless facility on, under, within, or adjacent to an existing wireless support structure that
is owned privately or by a local government unit.
Subd. 11.Small wireless facility.
"Small wireless facility" means:
(1) a wireless facility that meets both of the following qualifications:
(i) each antenna is located inside an enclosure of no more than six cubic feet in volume or,
in the case of an antenna that has exposed elements, the antenna and all its exposed elements
could fit within an enclosure of no more than six cubic feet; and
(ii) all other wireless equipment associated with the small wireless facility, excluding
electric meters, concealment elements, telecommunications demarcation boxes, battery backup
power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit,
vertical cable runs for the connection of power and other services, and any equipment concealed
from public view within or behind an existing structure or concealment, is in aggregate no more
than 28 cubic feet in volume; or
(2) a micro wireless facility.
Subd. 12.Utility pole.
"Utility pole" means a pole that is used in whole or in part to facilitate telecommunications
or electric service.
Subd. 13.Wireless facility.
(a) "Wireless facility" means equipment at a fixed location that enables the provision of
wireless services between user equipment and a wireless service network, including:
(1) equipment associated with wireless service;
(2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration; and
(3) a small wireless facility.
(b) "Wireless facility" does not include:
(1) wireless support structures;
(2) wireline backhaul facilities; or
(3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or
(ii) that are not otherwise immediately adjacent to or directly associated with a specific antenna.
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Subd. 14.Micro wireless facility.
"Micro wireless facility" means a small wireless facility that is no larger than 24 inches
long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than
11 inches.
Subd. 15.Wireless service.
"Wireless service" means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is
provided using wireless facilities. Wireless service does not include services regulated under
Title VI of the Communications Act of 1934, as amended, including a cable service under United
States Code, title 47, section 522, clause (6).
Subd. 16.Wireless support structure.
"Wireless support structure" means a new or existing structure in a public right-of-way
designed to support or capable of supporting small wireless facilities, as reasonably determined
by a local government unit.
Subd. 17.Wireline backhaul facility.
"Wireline backhaul facility" means a facility used to transport communications data by wire
from a wireless facility to a communications network.
History:
1997 c 123 s 3; 2017 c 94 art 9 s 1-11
237.163 USE AND REGULATION OF PUBLIC RIGHT-OF-WAY.
Subdivision 1.Legislative finding.
The legislature finds, and establishes the principle that, it is in the state's interest that the use
and regulation of public rights-of-way be carried on in a fair, efficient, competitively neutral, and
substantially uniform manner, while recognizing such regulation must reflect the distinct
engineering, construction, operation, maintenance and public and worker safety requirements,
and standards applicable to various users of public rights-of-way. Because of the potential for
installation by telecommunication companies of multiple and competing facilities within the
public rights-of-way, the legislature finds it is necessary to enact the provisions of this section
and section 237.162 to specifically authorize local government units to regulate the use of public
rights-of-way by telecommunications right-of-way users.
Subd. 2.Generally.
(a) Subject to this section, a telecommunications right-of-way user authorized to do
business under the laws of this state or by license of the Federal Communications Commission
may construct, maintain, and operate small wireless facilities, conduit, cable, switches, and
Page 43
related appurtenances and facilities along, across, upon, above, and under any public right-of-
way.
(b) Subject to this section, a local government unit has the authority to manage its public
rights-of-way and to recover its rights-of-way management costs. Except as provided in
subdivisions 3a, 3b, and 3c, the authority defined in this section may be exercised at the option of
the local government unit and is not mandated under this section. A local government unit may,
by ordinance:
(1) require a telecommunications right-of-way user seeking to excavate or obstruct a public
right-of-way for the purpose of providing telecommunications services to obtain a right-of-way
permit to do so and to impose permit conditions consistent with the local government unit's
management of the right-of-way;
(2) require a telecommunications right-of-way user using, occupying, or seeking to use or
occupy a public right-of-way for the purpose of providing telecommunications services to
register with the local government unit by providing the local government unit with the
following information:
(i) the applicant's name, gopher state one-call registration number under section 216D.03,
address, and telephone and facsimile numbers;
(ii) the name, address, and telephone and facsimile numbers of the applicant's local
representative;
(iii) proof of adequate insurance; and
(iv) other information deemed reasonably necessary by the local government unit for the
efficient administration of the public right-of-way; and
(3) require telecommunications right-of-way users to submit to the local government unit
plans for construction and major maintenance that provide reasonable notice to the local
government unit of projects that the telecommunications right-of-way user expects to undertake
that may require excavation and obstruction of public rights-of-way.
(c) A local government unit may also require a telecommunications right-of-way user that is
registered with the local government unit pursuant to paragraph (b), clause (2), to periodically
update the information in its registration application.
(d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government unit
must not establish a moratorium with respect to:
(1) filing, receiving, or processing applications for right-of-way or small wireless facility
permits; or
(2) issuing or approving right-of-way or small wireless facility permits.
(e) A telecommunications right-of-way user may place a new wireless support structure or
collocate small wireless facilities on wireless support structures located within a public right-of-
way, subject to the approval procedures under this section and, for collocation on wireless
support structures owned by a local government unit, the reasonable terms, conditions, and rates
set forth under this section. A local government unit may prohibit, regulate, or charge a fee to
install wireless support structures or to collocate small wireless facilities only as provided in this
section.
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(f) The placement of small wireless facilities and wireless support structures to
accommodate small wireless facilities are a permitted use in a public right-of-way, except that a
local government unit may require a person to obtain a special or conditional land use permit to
install a new wireless support structure for the siting of a small wireless facility in a right-of-way
in a district or area zoned for single-family residential use or within a historic district established
by federal or state law or city ordinance as of the date of application for a small wireless facility
permit. This paragraph does not apply to areas outside a public right-of-way that are zoned and
used exclusively for single-family residential use.
Subd. 3.Restoration.
(a) A telecommunications right-of-way user, after an excavation of a public right-of-way,
shall provide for restoration of the right-of-way and surrounding areas, including the pavement
and its foundation, in the same condition that existed before the excavation. Local government
units that choose to perform their own surface restoration required as a result of the excavation
may require telecommunications right-of-way users to reimburse the reasonable costs of that
surface restoration. Restoration of the public right-of-way must be completed within the dates
specified in the right-of-way permit, unless the permittee obtains a waiver or a new or amended
right-of-way permit.
(b) If a telecommunications right-of-way user elects not to restore the public right-of-way, a
local government unit may impose a degradation fee in lieu of restoration to recover costs
associated with a decrease in the useful life of the public right-of-way caused by the excavation
of the right-of-way by a telecommunications right-of-way user.
(c) A telecommunications right-of-way user that disturbs uncultivated sod in the excavation
or obstruction of a public right-of-way shall plant grasses that are native to Minnesota and,
wherever practicable, that are of the local eco-type, as part of the restoration required under this
subdivision, unless the owner of the real property over which the public right-of-way traverses
objects. In restoring the right-of-way, the telecommunications right-of-way user shall consult
with the Department of Natural Resources regarding the species of native grasses that conform to
the requirements of this paragraph.
Subd. 3a.Small wireless facility permits; general.
(a) A local government unit:
(1) may require a telecommunications right-of-way user to obtain a permit or permits under
this section to place a new wireless support structure or collocate a small wireless facility in a
public right-of-way managed by the local government unit;
(2) must not require an applicant for a small wireless facility permit to provide any
information that:
(i) has previously been provided to the local government unit by the applicant in an
application for a small wireless permit, which specific reference shall be provided to the local
government unit by the applicant; and
(ii) is not reasonably necessary to review a permit application for compliance with generally
applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance
Page 45
with applicable Federal Communications Commission regulations governing radio frequency
exposure, or other information required by this section;
(3) must ensure that any application for a small wireless facility permit is processed on a
nondiscriminatory basis; and
(4) must specify that the term of a small wireless facility permit is equal to the length of
time that the small wireless facility is in use, unless the permit is revoked under this section.
(b) An applicant may file a consolidated permit application to collocate up to 15 small
wireless facilities, or a greater number if agreed to by a local government unit, provided that all
the small wireless facilities in the application:
(1) are located within a two-mile radius;
(2) consist of substantially similar equipment; and
(3) are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, a local government unit may
approve a permit for some small wireless facilities and deny a permit for others, but may not use
denial of one or more permits as a basis to deny all the small wireless facilities in the application.
(c) If a local government unit receives applications within a single seven-day period from
one or more applicants seeking approval of permits for more than 30 small wireless facilities, the
local government unit may extend the 90-day deadline imposed in subdivision 3c by an
additional 30 days. If a local government unit elects to invoke this extension, it must inform in
writing any applicant to whom the extension will be applied.
(d) A local government unit is prohibited from requiring a person to pay a small wireless
facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility
collocation agreement solely in order to conduct any of the following activities:
(1) routine maintenance of a small wireless facility;
(2) replacement of a small wireless facility with a new facility that is substantially similar or
smaller in size, weight, height, and wind or structural loading than the small wireless facility
being replaced; or
(3) installation, placement, maintenance, operation, or replacement of micro wireless
facilities that are suspended on cables strung between existing utility poles in compliance with
national safety codes.
A local government unit may require advance notification of these activities if the work will
obstruct a public right-of-way.
(e) Nothing in this subdivision affects the need for an entity seeking to place a small
wireless facility on a wireless support structure that is not owned by a local government unit to
obtain from the owner of the wireless support structure any necessary authority to place the small
wireless facility, nor shall any provision of this chapter be deemed to affect the rates, terms, and
conditions for access to or placement of a small wireless facility or a wireless support structure
not owned by a local government unit. This subdivision does not affect any existing agreement
between a local government unit and an entity concerning the placement of small wireless
facilities on local government unit-owned wireless support structures.
Page 46
(f) No later than six months after May 31, 2017, or three months after receiving a small
wireless facility permit application from a wireless service provider, a local government unit that
has elected to set forth terms and conditions of collocation in a standard small wireless facility
collocation agreement shall develop and make available an agreement that complies with the
requirements of this section and section 237.162. A standard small wireless facility collocation
agreement shall be substantially complete. Notwithstanding any law to the contrary, the parties
to a small wireless facility collocation agreement may incorporate additional terms and
conditions mutually agreed upon into a small wireless facility collocation agreement. A small
wireless facility collocation agreement between a local government unit and a wireless service
provider is considered public data not on individuals and is accessible to the public under
section 13.03.
(g) An approval of a small wireless facility permit under this section authorizes the
installation, placement, maintenance, or operation of a small wireless facility to provide wireless
service and shall not be construed to confer authorization to (1) provide any service other than a
wireless service, or (2) install, place, maintain, or operate a wireline backhaul facility in the
right-of-way.
(h) The terms and conditions of collocation under this subdivision:
(1) may be set forth in a small wireless facility collocation agreement, if a local government
unit elects to utilize such an agreement;
(2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and
(3) must comply with this section and section 237.162.
Subd. 3b.Small wireless facility permits; placement.
(a) A local government unit may not require the placement of small wireless facilities on
any specific wireless support structure other than the wireless support structure proposed in the
permit application.
(b) A local government unit must not limit the placement of small wireless facilities, either
by minimum separation distances between small wireless facilities or maximum height
limitations, except that each wireless support structure installed in the right-of-way after May 31,
2017, shall not exceed 50 feet above ground level, unless the local government unit agrees to a
greater height, subject to local zoning regulations, and may be subject to separation requirements
in relation to other wireless support structures.
(c) Notwithstanding paragraph (b), a wireless support structure that replaces an existing
wireless support structure that is higher than 50 feet above ground level may be placed at the
height of the existing wireless support structure, unless the local government unit agrees to a
greater height, subject to local zoning regulations.
(d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend
more than ten feet above an existing wireless support structure in place as of May 31, 2017.
Subd. 3c.Small wireless facility permits; approval.
(a) Except as provided in subdivision 4, a local government unit shall issue a small wireless
facility permit to a telecommunications right-of-way user seeking to install a new or replacement
Page 47
wireless support structure for a small wireless facility, or to collocate a small wireless facility on
a wireless support structure in a public right-of-way. In processing and approving a small
wireless facility permit, a local government unit may condition its approval on compliance with:
(1) generally applicable and reasonable health, safety, and welfare regulations consistent
with the local government unit's public right-of-way management;
(2) reasonable accommodations for decorative wireless support structures or signs; and
(3) any reasonable restocking, replacement, or relocation requirements when a new wireless
support structure is placed in a public right-of-way.
(b) A local government unit has 90 days after the date a small wireless facility permit
application is filed to issue or deny the permit, or the permit is automatically issued. To toll the
90-day clock, the local government unit must provide a written notice of incompleteness to the
applicant within 30 days of receipt of the application, clearly and specifically delineating all
missing documents or information. Information delineated in the notice is limited to documents
or information publicly required as of the date of application and reasonably related to a local
government unit's determination whether the proposed equipment falls within the definition of a
small wireless facility and whether the proposed deployment satisfies all health, safety, and
welfare regulations applicable to the small wireless facility permit request. Upon an applicant's
submittal of additional documents or information in response to a notice of incompleteness, the
local government unit has ten days to notify the applicant in writing of any information requested
in the initial notice of incompleteness that is still missing. Second or subsequent notices of
incompleteness may not specify documents or information that were not delineated in the
original notice of incompleteness. Requests for information not requested in the initial notice of
incompleteness do not toll the 90-day clock. Parties can mutually agree in writing to toll the 90-
day clock at any time. Section 15.99 does not apply to this paragraph or paragraph (c).
For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression of
days that count towards the 90-day deadline.
(c) Except as provided in subdivision 3a, paragraph (c), a small wireless facility permit and
any associated encroachment or building permit required by a local government unit, are deemed
approved if the local government unit fails to approve or deny the application within 90 days
after the permit application has been filed, unless the applicant and the local government unit
have mutually agreed in writing to extend the 90-day deadline.
(d) Nothing in this subdivision precludes a local government unit from applying generally
applicable and reasonable health, safety, and welfare regulations when evaluating and deciding
to approve or deny a small wireless facility permit.
Subd. 4.Permit denial or revocation.
(a) A local government unit may deny any application for a right-of-way or small wireless
facility permit if the telecommunications right-of-way user does not comply with a provision of
this section.
(b) A local government unit may deny an application for a right-of-way permit if the local
government unit determines that the denial is necessary to protect the health, safety, and welfare
or when necessary to protect the public right-of-way and its current use.
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(c) A local government unit may revoke a right-of-way or small wireless facility permit
granted to a telecommunications right-of-way user, with or without fee refund, in the event of a
substantial breach of the terms and conditions of statute, ordinance, rule, or regulation or any
material condition of the permit. A substantial breach by a permittee includes, but is not limited
to, the following:
(1) a material violation of a provision of the right-of-way or small wireless facility permit;
(2) an evasion or attempt to evade any material provision of the right-of-way or small
wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the
local government unit or its citizens;
(3) a material misrepresentation of fact in the right-of-way or small wireless facility permit
application;
(4) a failure to complete work in a timely manner, unless a permit extension is obtained or
unless the failure to complete work is due to reasons beyond the permittee's control; and
(5) a failure to correct, in a timely manner, work that does not conform to applicable
standards, conditions, or codes, upon inspection and notification by the local government unit of
the faulty condition.
(d)Subject to this subdivision, a local government unit may not deny an application for a
right-of-way or small wireless facility permit for failure to include a project in a plan submitted
to the local government unit under subdivision 2, paragraph (b), clause (3), when the
telecommunications right-of-way user has used commercially reasonable efforts to anticipate and
plan for the project.
(e) In no event may a local government unit unreasonably withhold approval of an
application for a right-of-way or small wireless facility permit, or unreasonably revoke a permit.
(f) Any denial or revocation of a right-of-way or small wireless facility permit must be
made in writing and must document the basis for the denial. The local government unit must
notify the telecommunications right-of-way user in writing within three business days of the
decision to deny or revoke a permit. If a permit application is denied, the telecommunications
right-of-way user may cure the deficiencies identified by the local government unit and resubmit
its application. If the telecommunications right-of-way user resubmits the application within 30
days of receiving written notice of the denial, it may not be charged an additional filing or
processing fee. The local government unit must approve or deny the revised application within
30 days after the revised application is submitted.
Subd. 5.Appeal.
A telecommunications right-of-way user that: (1) has been denied registration; (2) has been
denied a right-of-way permit; (3) has had its right-of-way permit revoked; or (4) believes that the
fees imposed on the user by the local government unit do not conform to the requirements of
subdivision 6, may have the denial, revocation, or fee imposition reviewed, upon written request,
by the governing body of the local government unit. The governing body of the local government
unit shall act on a timely written request at its next regularly scheduled meeting. A decision by
the governing body affirming the denial, revocation, or fee imposition must be in writing and
supported by written findings establishing the reasonableness of the decision.
Page 49
Subd. 6.Fees.
(a) A local government unit may recover its right-of-way management costs by imposing a
fee for registration, a fee for each right-of-way or small wireless facility permit, or, when
appropriate, a fee applicable to a particular telecommunications right-of-way user when that user
causes the local government unit to incur costs as a result of actions or inactions of that user. A
local government unit may not recover costs from a telecommunications right-of-way user or an
owner of a cable communications system awarded a franchise under chapter 238 caused by
another entity's activity in the right-of-way.
(b) Fees, or other right-of-way obligations, imposed by a local government unit on
telecommunications right-of-way users under this section must be:
(1) based on the actual costs incurred by the local government unit in managing the public
right-of-way;
(2) based on an allocation among all users of the public right-of-way, including the local
government unit itself, which shall reflect the proportionate costs imposed on the local
government unit by each of the various types of uses of the public rights-of-way;
(3) imposed on a competitively neutral basis; and
(4) imposed in a manner so that aboveground uses of public rights-of-way do not bear costs
incurred by the local government unit to regulate underground uses of public rights-of-way.
(c) The rights, duties, and obligations regarding the use of the public right-of-way imposed
under this section must be applied to all users of the public right-of-way, including the local
government unit while recognizing regulation must reflect the distinct engineering, construction,
operation, maintenance and public and worker safety requirements, and standards applicable to
various users of the public rights-of-way. For users subject to the franchising authority of a local
government unit, to the extent those rights, duties, and obligations are addressed in the terms of
an applicable franchise agreement, the terms of the franchise shall prevail over any conflicting
provision in an ordinance.
(d) A wireless service provider may collocate small wireless facilities on wireless support
structures owned or controlled by a local government unit and located within the public roads or
rights-of-way without being required to apply for or enter into any individual license, franchise,
or other agreement with the local government unit or any other entity, other than a standard small
wireless facility collocation agreement under subdivision 3a, paragraph (f), if the local unit of
government elects to utilize such an agreement.
(e) Any initial engineering survey and preparatory construction work associated with
collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially
reasonable, nondiscriminatory, and competitively neutral charge to recover the costs associated
with a proposed attachment.
(f) Total application fees for a small wireless facility permit must comply with this
subdivision with respect to costs related to the permit.
(g) A local government unit may elect to charge each small wireless facility attached to a
wireless support structure owned by the local government unit a fee, in addition to other fees or
charges allowed under this subdivision, consisting of:
Page 50
(1) up to $150 per year for rent to occupy space on a wireless support structure;
(2) up to $25 per year for maintenance associated with the space occupied on a wireless
support structure; and
(3) a monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility, at the rate of:
(i) $73 per radio node less than or equal to 100 max watts;
(ii) $182 per radio node over 100 max watts; or
(iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii).
Subd. 7.Additional right-of-way provisions.
(a) In managing the public rights-of-way and in imposing fees under this section, no local
government unit may:
(1) unlawfully discriminate among telecommunications right-of-way users;
(2) grant a preference to any telecommunications right-of-way user;
(3) create or erect any unreasonable requirement for entry to the public rights-of-way by
telecommunications right-of-way users; or
(4) require a telecommunications right-of-way user to obtain a franchise or pay for the use
of the right-of-way.
(b) A telecommunications right-of-way user need not apply for or obtain right-of-way
permits for facilities that are located in public rights-of-way on May 10, 1997, for which the user
has obtained the required consent of the local government unit, or that are otherwise lawfully
occupying the public right-of-way. However, the telecommunications right-of-way user may be
required to register and to obtain a right-of-way permit for an excavation or obstruction of
existing facilities within the public right-of-way after May 10, 1997.
(c) Data and documents exchanged between a local government unit and a
telecommunications right-of-way user are subject to the terms of chapter 13. A local government
unit not complying with this paragraph is subject to the penalties set forth in section 13.08.
(d) A local government unit may not collect a fee imposed under this section through the
provision of in-kind services by a telecommunications right-of-way user, nor may a local
government unit require the provision of in-kind services as a condition of consent to use the
local government unit's public right-of-way or to obtain a small wireless facility permit.
(e) Except as provided in this chapter or required by federal law, a local government unit
shall not adopt or enforce any regulation on the placement or operation of communications
facilities in the right-of-way where the entity is already authorized to operate in the right-of-way,
and shall not regulate or impose or collect fees on communications services except to the extent
specifically provided for in the existing authorization, and unless expressly required by state or
federal statute.
Subd. 8.Uniform statewide standards.
Page 51
(a) To ensure the safe and convenient use of public rights-of-way in the state, the Public
Utilities Commission shall develop and adopt by June 1, 1999, statewide construction standards
for the purposes of achieving substantial statewide uniformity in construction standards where
appropriate, providing competitive neutrality among telecommunications right-of-way users, and
permitting efficient use of technology. The standards shall govern:
(1) the terms and conditions of right-of-way construction, excavation, maintenance, and
repair; and
(2) the terms and conditions under which telecommunications facilities and equipment are
placed in the public right-of-way.
(b)The Public Utilities Commission is authorized to review, upon complaint by an
aggrieved telecommunications right-of-way user, a decision or regulation by a local government
unit that is alleged to violate a statewide standard.
(c) A local unit of government may not adopt an ordinance or other regulation that conflicts
with a standard adopted by the commission for the purposes described in paragraph (a).
Subd. 9.Authorized contractors.
(a) Nothing in this section precludes a telecommunications right-of-way user from
authorizing another entity or individual to act on its behalf to install, construct, maintain, or
repair a facility or facilities owned or controlled by the telecommunications right-of-way user.
(b) A local government unit is prohibited from imposing fees or requirements on an
authorized entity or individual for actions on behalf of a telecommunications right-of-way user
that are in addition to or different from the fees and requirements it is authorized to impose on
the telecommunications right-of-way user under this section.
Subd. 10.Exemptions.
(a) Notwithstanding any other provision in this chapter, this section does not apply to a
wireless support structure owned, operated, maintained, or served by a municipal electric utility.
(b) Subdivisions 3a, 3b, 3c, and subdivision 6, paragraphs (d) through (g), and subdivision
7, paragraph (e), do not apply to the collocation or regulation of small wireless facilities issued a
permit by a local government unit before May 31, 2017, under an ordinance enacted before May
18, 2017, that regulates the collocation of small wireless facilities.
History:
1997 c 123 s 4; 1998 c 345 s 4; 2017 c 94 art 9 s 12-20
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Planning Commission Study Session
Meeting Date: February 6, 2019
Study Session item 3
3.Discussion: Retail and Service Size Requirements
Summary: At a study session conducted on December 19, 2018, the planning commission
discussed changes to the intensity table and how they should be applied to both commercial
and residential uses in the C-1 Neighborhood Commercial zoning district. This conversation was
in response to city council feedback and the council’s desire to allow mixed-use development in
the C-1 district. The planning commission directed staff that they would rather not make any
changes to the intensity table, but preferred making changes to the conditions for multifamily
uses in the C-1 Neighborhood Commercial District to allow an exception for residential uses.
Additionally, the planning commission discussed the maximum size of commercial uses that
should be allowed in the C-1 Neighborhood District. The commission noted that most
businesses in the C-1 are naturally less than 5,000, but wanted flexibility to allow expansion.
Planning commission determined the maximum size for retail, large item retail, and service uses
should not exceed 20,000 square feet.
Proposed Amendment: The latest revision does not propose any changes to the intensity
classification table. It adds language under the Residential/multifamily/cluster housing use
conditions to exempt residential uses from the gross building area restrictions in the intensity
classification table.
The latest revision has also been amended allow retail, large item retail and service uses up to
5,000 square feet administratively (permitted with conditions) and up to 20,000 square feet
with a conditional use permit.
Recommendation: At the study session staff will review the recommendation and alternatives
that preserve the ability to provide housing.
Attachments: Intensity Class Measures table
Excerpts of the C-1 District regulations with proposed changes redlined
Excerpt Planning Commission minutes from December 19, 2018
Prepared by: Gary Morrison, Zoning Administrator
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Page 53
Study session item 1 Retail and Service Size Requirements
Meeting Date: February 6, 2019
TABLE 36-115C
Intensity Class Measures
Maxi-
mum
Density
Factor
(DU /
Acre)
Maxi-
mum
Impervi
ous
Surface
Ratio
Maxi-
mum
Floor
Area
Ratio
Maxi-
Mum
Height
(in feet)
Maxi-
mum
Trips/
AC./Day
Gross
Building
Area
Hours of
Operation
Resultant
Land Use
Intensity
Class
Residential uses 9 -- -- 30 100 2,000 Class 1
All other uses -- 0.30 0.15 30 100 2,000 6:00 a.m./
6:00 p.m.
Residential uses 15 -- -- 35 300 5,000 -- Class 2
All uses -- 0.40 0.25 35 300 5,000 6:00 a.m./
10:00 p.m.
All uses 20 0.60 0.50 40 650 10,000 6:00 a.m/
12:00 p.m.
Class 3
All uses 30 0.70 0.80 50 1,000 20,000 6:00 a.m./
12:00 p.m.
Class 4
All uses 40 0.80 1.00 75 1,500 50,000 24 hours Class 5
All uses 50 0.90 1.40 150 2,500 100,000 24 hours Class 6
All uses 50+ 0.90+ 1.40+ 150+ 2,500+ 100,000+ Class 7
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Study session item 1 Retail and Service Size Requirements
Meeting Date: February 6, 2019
Sec. 36-193. C-1 neighborhood commercial district.
(a) Purpose/effect. The purpose of this C-1 neighborhood commercial district is to provide for low-intensity,
service-oriented commercial uses for surrounding residential neighborhoods. Limits will be placed on the type, size,
and intensity of commercial uses in this district to ensure and protect compatibility with adjacent residential areas.
***
(c)Uses permitted with conditions. A structure or land in a C-1 district may be used for one or more of the
following uses.
***
(11)Service. The maximum floor area shall be 2,500 5,000 square feet.
***
(15)Residential/multifamily/cluster housing. The conditions are as follows:
a.It is part of a commercial development permitted within the district.
b.The building design and placement provide a desirable residential environment.
c.Access to open space, plazas, and pedestrian ways is provided.
d.The housing is located above the ground floor.
e.The minimum spacing between buildings is at least equal to the average heights of the buildings
except where dwellings share common walls.
f.The total number of units provided on an individual parcel does not exceed eight units.
g.Residential uses located above the first floor shall not be included in the Gross Building Area limits
established in the intensity classification table (Table 36-115C).
***
(25)Retail. The conditions for retail are that the maximum floor area shall be 5,000 square feet and shall not is
that these cannot exceed intensity classification 4 for all other measures.
(26)Large item retail. The conditions for large item retail are that the maximum floor area shall be 5,000 square
feet and shall not is that these cannot exceed intensity classification 4.
(27)Shopping Centers. The condition for shopping centers is that these cannot exceed intensity classification 4.
(d)Uses permitted by conditional use permit. No structure or land in a C-1 district shall be used for the
following uses except by conditional use permit.
***
(2)Exceeding classification 4. All of those uses which are permitted or permitted with conditions, which exceed
an intensity classification 4, shall be conditional uses. The conditions are as follows:
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Study session item 1 Retail and Service Size Requirements
Meeting Date: February 6, 2019
a.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.
b.Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and used
or subdivided for residential or has an occupied institutional building including but not limited to a
school, religious institution or community center.
c.The use is in conformance with the comprehensive plan including any provisions of the
redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is
located and conditions of approval may be added as a means of satisfying this requirement.
d.The cumulative gross floor area used for retail, large item retail, and service uses shall not exceed
20,000 square feet.
(3)More than one principal building. All uses where more than one principal building is located on the same
lot.
(4)Residential/multifamily/cluster housing. The conditions are as follows:
a.It is part of a larger commercial development permitted within the district.
b.The building design and placement provide a desirable residential environment.
c.Access to off-site parks, open space, plazas and pedestrian ways is provided.
d.The housing is located above the ground floor.
e.The minimum spacing between buildings is at least equal to the average heights of the buildings
except where dwellings share common walls.
f.The total number of units provided on an individual parcel does not exceed a density of 30 units per
acre.
g.The use is in conformance with the comprehensive plan including any provisions of the
redevelopment chapter and the plan by neighborhood policies for the neighborhood in which it is
located and conditions of approval may be added as a means of satisfying this requirement.
h.A minimum of 12% of the site area is developed as designed outdoor recreation area.
g.The intensity classification table (Table 36-115C) shall not apply to the housing portions of the
building, or the housing uses located within the building.
Page 56
Study session item 1 Retail and Service Size Requirements
Meeting Date: February 6, 2019
UNOFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
DECEMBER 19, 2018 – 6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Matt Eckholm, Jessica Kraft,
Claudia Johnston-Madison, Lisa Peilen, Carl Robertson,
Alanna Franklin (youth member)
MEMBERS ABSENT: Joe Tatalovich (excused)
STAFF PRESENT: Jacquelyn Kramer, Gary Morrison, Sean Walther
STUDY SESSION
1.Retail and service size requirements
Mr. Morrison summarized the council discussion. The council discussed the planning
commission recommendation, but did not reach consensus on the maximum size of retail uses
that should be allowed in the C-1 district. They also expressed concerns that the proposed limit
on gross building area would preclude including residential uses in a mixed-use format.
Mr. Morrison presented an option for commission consideration. He suggested that specific
uses including retail, service and liquor stores be allowed with a condition that they do not
exceed a certain size limit. This would limit the impacts to other uses in the C-1 district, avoid
modifying the intensity classification table, and avoid unintended limitations on residential
mixed-use developments. So the gross floor area limitation for certain uses would be carved
out as an exception to the intensity classification table for a few uses in the C-1 district.
Mr. Walther summarized the council discussion pertaining to the range of gross floor area limits
that were discussed and supported by individual city council members. He expressed that the
council does not support the current planning commission proposal, but there may be enough
support to allow retail, service and liquor store uses as permitted with conditions up to a
maximum gross floor area of 10,000 square feet and up to 20,000 square feet by conditional
use permit.
The commission discussed adding conditions to retail, service and liquor store uses to establish
a maximum gross floor area. They expressed that a cap of 5,000 seemed to be too low and that
there needs to be flexibility. They discussed existing businesses and noted that they are
Page 57
Study session item 1 Retail and Service Size Requirements
Meeting Date: February 6, 2019
naturally occurring around 5,000 square feet, but should have flexibility to grow if they are
successful.
The commission directed staff to prepare an option that establishes a maximum of 20,000
square feet gross floor area allowed by CUP, and to create an exception for multiple-family
residential that allows additional gross building area.
Respectfully submitted,
Nancy Sells
Recording Secretary
Page 58