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HomeMy WebLinkAbout10-09-2003 Planning Commission Meeting Packet• Adjournment. Estimated Times 7:00 I. Call to Order: II. Approval of Agenda: III. Approve Minutes: A. September 11, 2003 (1) N. Department / Commission Liaison /Other Reports; A. Commission Liaison: B. Other: 7:15 V. Visitors /Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: . A. Denny Hecker Conversion Van Center — Conditional Use Permit: To consider a request for conditional use permit for expanded retail auto sales at Denny Hecker Conversion Van Center, located at 14738 60 St. N. (2) B. Nextel Communications — Conditional Use Permit: To consider a request for conditional use permit for placement of a personal communication service facility and equipment shelter at an existing public lattice tower at Xcel Energy Structure No. 11, located at 13735 60 St. N (3) VII. New Business: VIII. Old Business: IX. Informational: CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, October 9, 2003 - 7:00 PM A. Central Business District Comprehensive Plan, Rezoning, and Design Guidelines Proposal. (4) A. Next Meeting: November 13, 2003 — Regular Meeting @ 7:00 p.m. B. Council Representative: October — Commissioner Runk November — Commissioner Oswald • CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, September 11, 2003 ENCLOSURE Call To Order: Vice Chair Runk called the meeting to order at 7:00 p.m. Present: Commissioners Liljegren and Oswald. City Administrator Johnson, City Planner Putz -Yang and Commission Liaison McComber. Absent: Chair Dwyer and Commissioner Powell. Approval of Agenda: Commissioner Liljegren, seconded by Commissioner Oswald, moved to approve the Agenda as amended, reversing the order of public hearings. 'Carried 3- 0. Approve Minutes: Vice Chair Runk, seconded by Commissioner Liljegren, moved to approve the Minutes of August 14, 2003 as presented. Carried 3 -0. Department /Commission Liaison Reports /Other Reports: A. Commission Liaison: None. B. Other: None. • Visitors /Public Comment: Ann Wasescha of 5675 Newberry Ave. inquired as to the whereabouts of the public hearing notification signs that were to be put in place for public hearing notification. She noted that she hadn't seen them in some time and pointed out that the signage allows for folks beyond the scope of the public hearing mailing to be made aware of activity occurring. She stated that she would appreciate this being looked into. Brief discussion ensued as to the required 350' radius for public hearing notification mailing and wondered whether or not an entire neighborhood could be notified, when they are likely be to be affected by an action. Discussion also included extending the notification radius and where it is that the line needs to be drawn for public notification. Public Hearings: A. Menard's Expansion: To consider requests for site plan review, zoning district amendment, subdivision, setback variance and conditional use permit for expanded warehouse and garden center 5800 Krueger Lane, N. City Planner Putz -Yang reviewed the request by Menard's for proposed warehouse expansion, noted prior approvals granted by the City for their current facility, reviewed the planning report for the application and provided the Commission with an issue analysis. Vice Chair Runk opened the hearing for public comment. 1 Planning Commission Minutes September 11, 2003 Page 2 of 5 Visitors from the Autumn Ridge neighborhood were present and commented. A number of issues of concern and questions were expressed, including additional curb cuts onto 58 St., placement of a cul -de -sac at the site, increasing already heavy traffic on 58t St., desire to see traffic study done, lighting standards brought into compliance with current standards, restrictions for delivery hours and truck travel on 58` St., landscaping and the screening fence, issues of access and alternatives that have been expressed for the area, development areas being laid out without a development plan, increased noise, the poor condition of existing landscaping, proposed structure design elements, the proposed chain link fence and perceived hardship in requesting a variance. Mark Lee of Menard's Inc. was present and addressed the Commission and addressed the questions and concerns expressed by visitors to the public hearing and the conditions noted within the planning report. Mr. Lee addressed questions throughout the public hearing as issues arose. Commissioner Liljegren, seconded by Commissioner Oswald, moved to close the public hearing. Carried 3 -0. Lengthy discussion ensued as to all of the issues presented by visitors to the public hearing and the conditions of the planning report, as well as the existing irrigation system, siding possibilities, area development /developer improvement requirements, proposed building relocation, traffic impact and approval of preliminary plat without a recommendation on the cul -de -sac. Commissioner Oswald, seconded by Vice Chair Runk, moved to recommend City Council approval of the rezoning from Open Space Conservation to B -2, General Business District. Carried 3 -0. Commissioner Liljegren, seconded by Vice Chair Runk, moved to recommend City Council approval of the preliminary plat to divide property and add it to the existing Menard's site. Vice Chair Runk, seconded by Commissioner Oswald, moved to recommend City Council approval of a conditional use permit (to allow expansion of open and outdoor storage) and variances; 1) from the 40 -foot front yard variance to allow the lumberyard entrance canopy as close as 28 feet from the east property line, 2) from the 10 -foot parking setback requirement to allow parking as close as three feet from the east property line and 3) from the fence height regulations to allow expansion of a 14- foot -high fence /storage rack surrounding the outdoor storage area and construction of a wrought iron fence west of the principal building, subject to the following conditions: 1. The applicant submit a revised preliminary plat and a final plat that combines the proposed expansion area with the existing Menard's property. 2. Signage be installed to direct delivery trucks to use the north entrance on Krueger Lane, which will allow adequate truck maneuvering space. • • Planning Commission Minutes September 11, 2003 Page 3 of 5 3. Materials stored or stacked in the storage yard may not exceed a height of 14 feet and may be only minimally visible from outside of the storage yard. 4. Tree replacement and the landscape plan are subject to review and approval by the City Arborist. 5. All exterior site lighting be dimmed after 11:00 p.m. 6. The "in" and "out" signs on the lumberyard entrance canopy be revised to not exceed four square feet in area. 7. All signs on the lumberyard entrance canopy comply with sign illumination requirements. If external lighting is proposed, there shall be no exposed light sources or fixtures unless decorative fixtures are utilized and the light source is fully concealed and diffused. If the sign is internally illuminated, there shall be illumination of the text only. 8. No new flag -like banners are allowed on the property; therefore, the proposed banners on the entrance gate canopy shall be eliminated. • 9. The City reserves the right to require the applicant to reduce the output volume of the public address system or require the implementation of a radio pager system for all employees should the public address system become a public nuisance. 10 Delivery, unloading, and movement of goods shall be limited to 8 :00 a.m. to 9:00 p.m., Monday through Saturday, and 10:00 a.m. to 8:00 p.m. on Sundays. 11. A retaining wall shall be constructed between the stormwater pond and the lumberyard. Construction drawings of the retaining wall shall be submitted to the City Engineer for review and approval. 12. Grading and utility plans are subject to review and approval by the City Engineer. 13. Storm water management is subject to review and approval by the City Engineer and Browns Creek Watershed District. 14. The south and west sides of the proposed warehouse building shall be sided with vertical wood siding that matches the screening structures. The roof shall be a dark green color to blend with the surroundings. 15. An updated lighting plan for the entire site, including both existing and proposed lights, shall be submitted subject to City review and approval. 16. The decorative lighting west of the building be eliminated. Vice Chair Runk opened the hearing for public comment. Planning Commission Minutes September 11, 2003 Page 4 of 5 17. Yard and soffit lights be mounted horizontally (at a 90- degree angle to the wall or pole) and be a full cutoff design with the lens not extending below the fixture. 18. The cul -de -sac west of the building be eliminated and a traffic study be completed. Carried 3 -0. B. Continued: Dvorak - Rear Yard Setback Variance: To consider a request for a variance for rear yard setback at 5898 Olinda Ave. N. City Planner Putz -Yang reviewed the staff recommendation for denial of the request for variance, based on lack of hardship and reminded the Commission, that if they elected to move forward with a recommendation for approval, they should consider the precedence being established for future requests. Mike Dvorak, the applicant, was present and addressed the Commission. Mr. Dvorak expressed that his hardship is the location of his home on the lot and the setback requirement. He pointed out that with receipt of the variance, his home with the screen porch added, would still be 20 feet from the rear lot line and that it would still be further away from the rear lot line that any of his neighbors. Mr. Dvorak read and presented the Commission with a petition, signed . by his neighbors, supporting approval of his variance request: Commissioner Liljegren, seconded by Commissioner Oswald, moved to close the public hearing. Carried 3 - 0. Discussion ensued as to the matter of hardship, situations created not of owners making, practicality of other options suggested and the matter of establishing precedence in considering a recommendation for approval. Commissioner Liljegren, seconded by Commissioner Oswald, moved to recommend City Council approval of the request for variance. Hardship being based upon (a) the property being unique in regard to its shallowness; (b) the physical constraints of the property not being a result of actions by the applicants; (c) that proposed alternative locations for the proposed home addition are not practical; and the property's excessive front yard setback results in a limited rear yard area. Carried 3 -0. New Business: None. • • • • Old Business: A. Central Business District Workshop: Follow up of joint workshop with City Council and Planning Commission. Commission Liaison McComber provided a brief recap and reviewed the City Planner proposal for proposed changes to the Central Business District. McComber asked the Commission for recommendations to City Council regarding the proposal. Brief discussion ensued as to the tasks noted within the City Planner's proposal. Informational: A. Next Meeting:October 9, 2003 - 7:OOp.m. B. Council Representative: September - Commissioner Powell October - Commissioner Runk Planning Commission Minutes September 11, 2003 Page 5 of 5 Commissioner Oswald, seconded by Commissioner Liljegren, moved to recommend that City Council continue with the current Central Business District Design Guidelines in the proposed B -4, Limited Business District. Carried 3 - 0. Commissioner Liljegren, seconded by Commissioner Oswald, moved to recommend that City Council continue with the current, more restrictive, guidelines in drafting the R -4, Limited General Business District. Carried 3 -0. Adjournment: Commissioner Liljegren, seconded by Commissioner Oswald; moved to adjourn at 9:55 p.m. Carried 3 -0. Respectfully submitted, Julie A. Hultman Community Development Approved by the Planning Commission: NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55418 Telephone: 9 52.595.9885 Facsimile: 952.595.9837 planners @nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: October 2, 2003 ENCLOSURE RE: Oak Park Heights Denny — Hecker's Conversion Van Center (14738 60th Street North) Conditional Use Permit FILE NO: 798.02 — 03.12 BACKGROUND 110 Jacob Holdings of Stillwater LLC and Erickson Post Acquisition Inc. (landowner) have made application for a conditional use permit to allow the use of the former Amoco site at 1473 60th Street North as a Conversion Van Center. ' The site is adjacent to the Denny Hecker's Cadillac, Pontiac, and GMC dealership on 60th Street North. A conditional use permit and variance was granted to the dealership in October of 2 to o allow the extension of the dealership to the north along Oren Avenue North. The variance was for the 10 foot parking setback requirements in that the two properties were not combined. A variance was granted in January of 2002 to allow for illuminated signs on the front facade of the dealership's building. The dealership has already occupied the site and made improvements to the building and the former gas station canopy without prior City approval. The property exists as a separate parcel. As part of this approval, the City will require the parcels to be combined. The property is zoned B -2, General Business District. Automotive dealerships are allowed as a conditional use in the B -2 District. Attached for reference: Exhibit 1: Site Survey Exhibit 2: Site Plan • Exhibit 3: Sign Plans Exhibit 4: Project Narrative Exhibit 5: Exhibit 6: Exhibit 7: Photometric Plan Proposed Canopy Light Shields Memo from City Arborist ISSUES ANALYSIS Comprehensive Plan. The project area is designated as commercial on the Proposed Land Use Plan. The areas designated as commercial anticipate retail, office and automotive related sales and service facilities as allowed by the respective zoning district. Zoning. The property is zoned B -2, General Business District in which open and outdoor sale of motorized vehicles is a listed conditional use. Section 401.03.E of the Zoning Ordinance lists the conditions which must be reviewed as part of a request for a new or expansion of an automotive dealership. The conditions will be reviewed later in this report. Lot Combination. The City will require the former Amoco station property at 14738 60th Street North to be combined with the existing Denny Hecker dealership at 14702 60th Street North. The sales staff for the Conversion Van Center offices out of the main building, while administrative staff for the dealership utilizes the small building on the subject site. The properties shall be administratively combined in conformance with Section 401.15.B.4.d as a condition of this approval. The combination of the lots will need to be confirmed once the property has been purchased by Jacob Holdings of Stillwater LLC. Site Plan /Buildings. The dealership proposes to utilize the site with few changes to the parking area, building, or existing canopy. The Amoco canopy remains with new signage advertising the dealership (see Exhibit 3). Additionally, the underside of the canopy contains lighting that is not full cut off and does not comply with the light requirements of the Zoning Ordinance. The applicant has proposed adding 'shields to surround the fixtures and provide conformance with the Zoning Ordinance (see Exhibit 6). The existing building is 1,276 square feet and is located at the north edge of the property. The building is a legal non - conformity in that the northeast corner of the structure is located approximately one foot from the property line. The required side yard setback is 10 feet. No changes other than maintenance and painting have been done to the building. In addition, no signage has been placed on the structure. Site Access. Two driveway accesses, one from Osgood Avenue and the other from 60th Street North, service the site. The access to Osgood Avenue has been blocked off by the applicant with conversion vans. Additionally, site inspections have indicated that the property contains too many vehicles which significantly restricts access into and around the property. It is especially critical that emergency vehicle access be permitted throughout the site. The site plan will need to be revised to allow for vehicle parking areas with adequate area for access into and internal to the site. The survey indicates a 12 foot ingress /egress easement that has been dedicated on the west property line and a portion of Willim Street that is not vacated. The easement and 2 • street should be vacated if no longer needed by the property owner or to serve adjacent properties. • • Setbacks. The driveways /parking areas of the Amoco and now the dealership was not constructed with a 10 foot setback/landscape area. In that this is a change of land use and a conditional use permit, staff would require the site plan be revised to reflect the 10 foot setback. A landscape plan should also be prepared to indicate plantings within the 10 foot area. Considering the time of year this is being considered, the applicant should be allowed to hold over these site improvements to next year, but have them completed no later than June 15, 2004. Parking. The existing building on the subject property at 1,276 square feet requires four parking spaces for employees and customers. No service will be conducted out of this location, thus no additional stalls are required. The site plan indicates 34 parking stalls, one disability accessible stall and three featured display stalls. As indicated, staff has recommended that the access to Osgood be reopened and a 10 foot setback be required for all of the parking and driveway areas. The applicant will be required to submit a new site /landscape plan that addresses the revised parking and access driveways. The main dealership building would require 47 stalls for customers and employees and 16 stalls for service. When both lots are combined, a total of 67 parking stalls will be required for customers, employees, and service. The existing parking lot and display area has space for hundreds of vehicles. Landscaping. The applicants have proposed no changes to the existing landscaped areas adjacent to the building on the subject site As indicated, it is recommended that the driveway and parking areas be set back 10 feet and appropriately landscaped. The landscape plans shall be subject to review and approval of the City Arborist. Signage. The applicant has placed signage on three facades of the existing canopy. The south facade of the canopy has a total of 102.99 square feet of signage. The other two facades have 44.37 square feet of signage each. In that the subject property is required to be combined with the main dealership building, no signage will be allowed on the canopy or the subject site. The dealership already has two pylon signs and wall signs that adequately advertise the business. The existing signs on the main dealership are over what is allowed by the Sign Ordinance. The signs that were placed on the canopy without a variance or sign permit shall be removed within 30 days of approval of the conditional use permit. Lighting. The applicant has proposed shields on the existing canopy lights to comply with the full cut off standards of the Zoning Ordinance. The photometric plan, found as Exhibit 5, only indicates the Tight from the canopy. The applicant will provide a revised photometric plan that indicates all site lighting. The lighting plans shall be required to meet all requirements of the Zoning Ordinance. 3 Grading /Drainage. The grading and drainage of the site may change as a result of the addition of setbacks and curb and gutter. The revised site and drainage plans shall be subject to the review and approval of the City Engineer. Zoning Ordinance Criteria. Section 401.30.E of the Zoning Ordinance lists criteria for review of vehicle dealerships. The review of these criteria is as follows: a. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Section 401.15.E of this Ordinance. Comment: The lot is not abutting a residential district or residential uses. b. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences and shall be in compliance with Section 401.15.B.7 of this Ordinance. Comment: The applicant shall provide shields on the existing canopy lights. A lighting plan shall be provided by the applicant that complies with the requirements of the Zoning Ordinance. c. Sales and storage area is blacktopped or concrete surfaced and all paved areas are surrounded by concrete curbing. Comment: The lot shall be reconfigured to be set back 10 feet and surrounded by concrete curbing. The architectural . 'appearance, scale, construction: materials, and functional plan of the building and site shall not be dissimilar to the existing nearby commercial and residential buildings, and shall not cause impairment in property values, or constitute a blighting influence within a reasonable distance of the site. Comment: The existing building and canopy are similar in appearance to commercial buildings in the area. e. Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative, or other services to the site. Comment: If adequate access is provided into and within the site, there should be no service issues. f. All islands in the parking lot shall be landscaped. Comment: There will be no parking lot islands. 4 • • • g A strip of not less than 10 feet shall be landscaped at the edge of all parking/ driveway areas adjacent to lot lines and the public right -of -way. Comment: The landscape area shall be required. h. All automobile repair activities shall be conducted within the principal structure and the doors to the service bays shall be kept closed except when vehicles are being moved in or out of the service areas. j• Comment: There will be no repair activities on this portion of the dealership lot. i. Facilities on a site contiguous to any residential district shall not be operated between the hours of 10:00 PM and 6:00 AM unless otherwise allowed by formal action of the City Council. Comment: The site is not contiguous to any residential district. Provisions are made to control and reduce noise in accordance with Section 401.15.B.11 of this Ordinance. Comment: The dealership should not generate significant noise that would be in violation of the Zoning Ordinance. k. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Section 401.15.F of this Ordinance and shall be subject to the approval of the City Engineer. Comment: The two existing access points shall remain open as suggested by the City Engineer. I. A drainage system subject to the approval of the City shall be installed. Comment: The City Engineer shall review all drainage plans resulting from the installation of curb and gutter. m. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 401.15.G of this Ordinance. Comment: No additional signage shall be allowed on this portion of the dealership lot. n. The provisions of Section 401.03.A.7 of this Ordinance are considered and satisfactorily met. Comment: There should be no issues with the criteria for approval of a conditional use permit found in Section 401.15.G. The Planning Commission should review the criteria in considering this application. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the request for a conditional use permit for open and outdoor sales at 14738 60th Street North based upon the following conditions: 1. The City finds that the project is consistent with the conditional use permit criteria found in Section 401.30.E of the Zoning Ordinance. 2. The subject property at 14738 60th Street North be combined with the main dealership property at 14702 60th Street North in compliance with Section 402, the Subdivision Ordinance. The lot combination shall be completed within 30 days following the City Council approval of the conditional use permit. 3. No repair work or servicing of vehicles shall be allowed on the subject property at 14738 60th Street North. 4. No signage shall be allowed on the subject property at 14738 60th Street North. The existing signage on the canopy shall be removed within 30 days following City Council approval of the conditional use permit. 5. The applicant shall submit a revised site plan indicating . a 10 foot driveway and parking area setback, parking areas, vehicle display areas, and access drives with concrete curb and gutter, subject to review and approval of the City Engineer. The parking lot and required landscape improvements shall be completed no later than June 15, 2004. 6. The grading and drainage plan shall be subject to review and approval of the City Engineer. 7. The applicant shall reopen the driveway access to Osgood Avenue. 8. A landscape plan shall be submitted by the applicant, subject to review and approval of the City Arborist. 9. The applicant shall submit a revised lighting photometric plan with all site lighting subject to review and approval by the City. 10. Light shields shall be installed on the under canopy lights by December 15, 2003. 6 • • r • • 11. The use of an exterior broadcast paging system shall not be used on the subject property at 14738 60th Street North or at the main dealership property at 14702 60th Street North. 12. The site plan shall designate a total of four off - street parking stalls for employees and customers, at least one of which must be disability accessible on the subject property at 14738 60th Street North. 13. The building shall be inspected by the Building Official to determine if a building permit is necessary for the completed improvements. 14. The applicant shall research the 12 foot easement on the west property line and WilIim Street right -of -way. The applicant shall be required to vacate the easements and right -of -way if required by the City Attorney. 15. Other conditions and requirements as specified by the Planning Commission, City Council, or staff. 11 r• • • • r +• ( y• ',tans A • s . 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Background The subject site used to be a convenience store / gas station, consisting of a 1,276 square foot single story masonry building located on the north edge of the site, and a metal freestanding canopy. Existing Condition The present site is fully developed with paving up to the west and south property lines. There are two existing approaches onto the site, one off Highway 36 frontage road, and another off Osgood Avenue, which is blocked off with concrete barricades. Proposed Development The proposed development of this site is to leave all the existing site conditions as is, with the following exceptions. A. Painting the existing masonry building. B. Re- striping the existing paved area for the six (6) required parking spaces, and display areas. C. Installing new graphics on the existing canopy. Landscaping Plan The existing landscaping consists of landscape areas along the north side of the site. All existing plant materials will remain. No additional landscaping is proposed. Signage Plan No additional signage is proposed, only replace graphics on the existing canopy faces. Lighting Plan No additional site lighting is proposed. Existing site lighting consists of under canopy lighting. Building Elevations • No exterior or structural modifications to the existing building proposed, except for the new paint. EXHIBIT 4 • Sep- 22--3 11:33A white bear electric 651 4291691 1 T00P i 1 1 * 0 i V b to la p E it 4 f N.- 12 ill oi w er.to) fFiie apeA4e— win] r c a er a " d i ...1 „Is %? o ' a ' a r . t ... c f of ge: - r . w to to �. a► :6 a• b. d. a i'' ∎ La N +i o• 4 d ., • o ca d` n' e °" � o " n h. 'g � CZ N A 01 • or FP ti ca► o o► � to , � ' � • v •,i bib kb V> C O c? Q o P io iw +o cs .a a, u+ s i • a 00 40 a ., t ...0 ....0 r! ° a.* .? 4646 r 4601 t d, 4• 0) t N y t .4► 4,. t go tO *. t �f► :* .! 'ft tA) % . ID :..4 0! 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'tar 4. ii, im ++ ix _�s A A t • • ed. di - • A A '' aim 01: 00 4 W a ; � ' oa d ,• e"' 4 1 de a d• d c' d c A' a o' 0 o a v : . ki tr it pa dt 'a F. :t■ + w .� . . e. 0 +o' 4 * o " c,' d' d' c' 531 A 4 N d /4 iv ti io iw iw +� is 6t w W c co w d A • w d d p• a cr' a o' c1" d " is 1,4 -' Q : A a i4 ca io i4 N is iv J r H • di '4646. :46+ • a d• Qw 4a i I p 4- ? ---- 1 < r r c. eALci-23 o4t+ ryi--(1:11' 5 )O$SV 1 SIiVQ tar Ttd Z28 xVd QP ci :60 • • Sep-11-03 08:11A white beat- electric 3944 Hoffman Rood White Bear Lake, MN 5 e-mail: Telephone: 651-429-09 .8 Fax: 651-429-1( ?1 TO: BM Rambo DATE: September 11, 2003 FROM: Rick Sues3 RE: Denny Hecker's GMC 8 Cadillac Van Center- Oak Park Heights For your information: 24"x24"x6" White Shield for each of twenty-four fixtures to stop horizontal light spina! le and direct light downward Mount to steel soffit so we can still change lamps Please see diagram below: •••••••• • •• • • 10 •• *************************************************** LETTER OF TRANSMITTAL *************************************************** ••• •••• ••• • ••••• •• E BEAR ELECTRIC, IN.:. 6514291691 P.01 ••••••••■••••• ••••••••••••• Scott Richards F rom: <kdwidin@comcast.net> To: "Jim Butler" < jbutler @cityofoakparkheights.com >; "Julie Hultman" < jhultman @cityofoakparkheights.com >; "Eric Johnson" < eajohnson @cityofoakparkheights.com >; "Jay Johnson" < jjohnson @cityofoakparkheights.com >; "Scott Richards" <srichards @nacplanning.com> Sent: Tuesday, September 30, 2003 10:37 AM Subject: Denny Hecker's Conversion Van Center - Landscaping OPH Staff I have reviewed the plans for the Denny Hecker's Conversion Van Center at Osgood Ave. and Hwy. 36 frontage road. The plans are to retain the existing landscaping and no additional landscaping is proposed. I would recommend that some additional greenspace be created on site and that a landscape plan be submitted with other project materials for approval. Kathy Widin Arborist City of Oak Park Heights • • EXHIBIT 7 9/30/2003 • BACKGROUND Attached for reference: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 ENCLOSURE 3 NORTHWEST ASSOCIATED CONSULTANTS, INC. PLANNING REPORT 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952 .595.. 9636 Facsimile: 952.595.9837 planners@nacplanning.com TO: Eric Johnson FROM: Anne Marie Solberg / Scott Richards DATE: October 3, 2003 RE: Oak Park Heights — Nextel Conditional Use Permit to Co-Locate PCS Antennas on Existing Utility Structure at 13735 60 Street FILE NO. 798.02 - 03.11 The City of Oak Park Heights has received an application for a conditional use permit (CUP) to co- locate personal wireless service (PCS) antennas on an existing utility structure and construct an accessory equipment building at 13735 — 60 Street. Site • Acquisition Consultants has submitted an application on behalf of Nextel for CUP approval to install up to twelve (12) panel antennas on top of an existing X -Cel Energy tower. The site is located within an existing NSP easement south of 80 Street North. The applicant is proposing to install an antenna mounting frame atop the existing utility structure, attach antennas and construct an accessory equipment building to house the related equipment. Neither the antennas nor the frame will extend more then fifteen (15) feet above the existing tower. The accessory building will be surrounded by a chain link fence and screening will be provided. The Oak Park Heights City Code requires a conditional use permit for the installation of antennas located on a utility structure within the City. Site Location Location Plan Engineering Site Plan Tower /Building Elevation Equipment Building Plan and Elevations Equipment Building Information Application Letter and Narratives Letter from Project Engineer Memo from City Arborist ISSUES ANALYSIS 2 Legal Description. The proposed legal description of the lease area (site), access and utility easement and utility easement as set forth on Exhibit 1 are subject to the review and approval of the City Attorney. The proposed eight (8) foot utility easement may require relocation to ensure compliance with the City Code provision providing that no part of any antenna, lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right -of -way, public street, highway, sidewalk or property line. The plans do not indicate an easement for the proposed ice bridge extending from the proposed equipment building under the existing X -Cel Energy tower. The applicant should adequately address whether there is a need for an easement for the proposed ice bridge. Zoning. The property is zoned Central Business District (CBD). PCS antennas co- located on existing utility structures are a conditional use in all zoning districts. Conditional Use Permit. PCS towers and/or antennas that are not located on public structures are permitted by conditional use permit within the Central Business District subject to the following conditions: 1. The applicant shall demonstrate by providing a coverage /interference analysis and capacity analysis prepared by a registered professional engineer that location of antennas as proposed is necessary to meet the frequency reuse and spacing needs and to provide adequate coverage and capacity. The applicant has provided written confirmation from an RF Engineer that the proposed site is necessary to provide appropriate coverage levels for the City of Oak Park Heights. The applicant has also provided propagation maps indicating that the proposed site enhances coverage in the area. 2. New equipment buildings to house transmitting, receiving and switching equipment shall be situated in the rear yard of the principal use and shall be screened form view by landscaping. The applicant is proposing to construct a 12' X 20' equipment building on the site. The design of the equipment building includes a gabled roof and brick facade in accordance with Section 401.16 of the City of Oak Park Heights Zoning Ordinance and Central Business District Design Guidelines. The site location as indicated on the plans is acceptable. 3. All antenna support structures shall be reasonably protected against climbing. This requirement shall be a condition of approval. 4. At least annually, and at each time a new user is added to a support structure, the owner or operator shall provide the City with a report from a registered • engineer that the antenna(s) comply with all applicable regulations regarding emission of radiation and electromagnetic waves. This requirement shall be a condition of approval. 5. The base of the antenna support structure shall be posted with signs stating "Danger High Voltage" on all sides. This requirement shall be a condition of approval. In addition, pursuant to Section 1410.060(1), all towers and /or antennas are subject to the following conditions: 1. All antenna shall be constructed in compliance with City building and electrical codes. 2. Structural design, mounting and installation of the antenna(s) shall be in compliance with manufacturer's specifications. 3. No advertising message shall be affixed to the antenna structure. 4. Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. 5. Antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. 6. Antennas shall be subject to state and federal regulations pertaining to non ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, antennas shall be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be borne by the owner and operator of the antenna(s). 7. No part of any antenna, lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right -of -way, public street, highway, sidewalk or property line. 8. All metal components shall be constructed of or treated with corrosive resistant material. 9. All antennas and support structures shall be reasonably insured for injury and property damage caused by collapse or other catastrophic failure. • 10. All obsolete and unused antennas and antenna support structures shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator in accordance with the Oak 3 Park Heights City Code. After the facilities are removed, the site shall be restored to its original or an improved condition. The above requirements shall be incorporated as conditions of approval. Access. The applicant is proposing site access via an access easement extending from an existing gravel road west of the site. The application materials indicate that the access easement will be approximately 113 feet in length and 20 feet in width. The applicant has included two 10' X 20' parking stalls. The access and parking areas will be covered with gravel. As the proposed access will extend form an existing gravel drive, the proposed gravel access and parking areas are acceptable. In the event that 59 Street is extended ro ast the proposed site, the access shall be p p p realigned to connect to 59th Street. Fence. The application materials indicate that the equipment building will be surrounded by a seven (7) foot chain link fence. The applicant has been informed that the fence height must be reduced to six (6) feet in accordance with the Zoning Ordinance if placed directly on the property line. If the fence is set back more than 10 feet, it may be increased to eight feet in height. There will not be any barbed wire around the top of the fence. The application materials indicate the fence location at the perimeter of the site. The fence shall be moved close enough to the equipment building to permit landscaping within the site to screen the equipment building. Slats within the chain link fence shall not be considered an acceptable method of screening. Landscaping /Screening. The application materials do not include landscaping plans. The applicant shall provide landscaping around the equipment building to screen the equipment building from view. The applicant should submit a landscaping plan in accordance with the comments of the City Arborist attached as Exhibit 9. Lighting. No lighting has been proposed. Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. Parking. The applicant is proposing two 10' X 20' parking stalls for the proposed site. As the site will not be staffed and will require only infrequent visits (one time per month), the proposed parking should be adequate to service the site. Signage. The application materials do not include any proposed signage. No advertising message shall be affixed to the antenna structure. The base of the antenna support structure shall be posted with signs stating "Danger High Voltage" on all sides. Grading and Drainage. The application materials do not include any grading, drainage or erosion control plans. The equipment building and access should be located such that they do not interfere with existing drainage patterns. Grading and utility plans are subject to review and approval by the City Engineer. 4 • Building Materials. The application materials submitted indicate two alternative finishes for the equipment building. The applicant has indicated that this site will incorporate the equipment building with brick siding and gabled roof. Such exterior finishes are acceptable and in compliance with the requirements of the Oak Park Heights Zoning Ordinance and Design Guidelines for the Central Business District. • Structure Height. The application materials indicate that the existing X -Cel Energy tower structure is 120 feet in height. The proposed antenna frame will extend five (5) feet above the existing tower, with the antennas extending eight (8) feet above the existing tower. CONCLUSION AND RECOMMENDATION Co- location of PCS antennas on existing utility structures is encouraged by the Oak Park Heights City Code and permitted within the Central Business District by Conditional Use Permit. The proposed location of the site, equipment building, and site access are all generally consistent with the requirements of the Oak Park Heights City Code. Based on the foregoing, our office recommends approval of the conditional use permit subject to the following conditions: 1. The applicant shall submit a current FCC License. 2. The applicant shall provide an easement for the proposed ice bridge if deemed necessary by the City Attorney. 3. The antennas and mounting frame shall not extend more than eight (8) feet above the existing X -Cel Energy tower (Structure #11) as indicated: by the submitted plans (128 feet total height of tower with antennas and antenna mounting frame). 4. No more than twelve (12) antennas shall be installed. 5. The fence shall not be greater than six (6) feet in height if installed on the property line. There shall not be any barbed wire at the top of the fence. The fence shall be moved close enough to the equipment building to permit landscaping within the site to screen the equipment building. All fencing shall comply with the requirements of the Zoning Ordinance. 6. In the event that 59 Street is extended past the proposed site, the access shall be realigned to connect to 59th Street. The cost of the realignment shall be the responsibility of the owner and operator of the antenna(s). • 7. All antenna shall be constructed in compliance with City building and electrical codes. 5 8. Structural design, mounting and installation of the antenna(s) shall be in compliance with manufacturer's specifications. 9. All antenna support structures shall be reasonably protected against climbing. 10. No advertising message shall be affixed to the antenna structure. The base of the antenna support structure shall be posted with signs stating "Danger High Voltage" on all sides. 11. Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. 12. Antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. 13. Antennas shall be subject to state and federal regulations pertaining to non - ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, antennas shall be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be the responsibility of the owner and operator of the antenna(s). 14. No part of any antenna, lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right -of -way, public street, highway, sidewalk or property line. 15. All metal components shall be constructed of or treated with corrosive resistant material. 16. All antennas and support structures shall be reasonably insured for injury and property damage caused by collapse or other catastrophic failure. 17. The accessory building shall have a brick exterior and gabled roof and shall be screened from view by landscaping in accordance with the recommendations of the City Arborist. 18. At least annually, and at each time a new user is added to a support structure, the owner or operator shall provide the City with a report from a registered engineer that the antenna(s) comply with all applicable regulations regarding emission of radiation and electromagnetic waves. 19. All obsolete and unused antennas and antenna support structures shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator in accordance with the Oak Park Heights City Code. After the facilities are removed, the site shall be restored to its original or an improved condition. 6 20. Grading and utility plans are subject to review and approval by the City Engineer • (as applicable). 21. Storm water management is subject to review and approval by the City Engineer and Browns Creek Watershed District (as applicable). 22. 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I -, , 1 I 1,-- 1 , 1 ... . ., w a_ E , 0 D: E Fa - c c?) c a) 0 � C) ci 0 (I) t 0 a ta 2 v , 0 7, .c 2 a) > c 4.' o x a ts • tt,' ocs cis t (/) Cr) E o Li• "- ..) • c) 4 . '13 1:3, a) a) "" m 1,1 c o" (I) - a 2 0 al t; - c$ c . 2 a ra g T u . "5 c;) c o 5 Ct LO a. • • • • • • • #:= MEI 111111111111111111111 IINEISTRMATI ' tat lc. at, EXHIBIT 6 �r �n> yk j :lS� �a � �k,Y Y i _ �, . September 4, 2003 Ms. Julie: Hultman Community Development CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 -2007 RE: NEXTEL.COMMUNICATIONS, INC. SUBJ: APPLICATION FOR CONDITIONAL USE PERMIT FOR CO•LOCATION OF ANTENNAS ON EXISTING PUBLIC UTILITY LATTICE TOWER AND PLACEMENT OF EQUIPMENT SHELTER AT XCEL ENERGY STRUCTURE ##11 Dear Ms. Hultman: Site Acquisition Consultants ( "SAC ") is a consulting firm specializing in wireless telecommunications site development under contract with Nextel Communications, Inc. ( "Nextel "). Nextel has entered into an agreement with the property owners of the site referenced in this packet to locate its antennas on the existing public utility lattice tower and to place an equipment shelter near its base. This installation would eventually house the Personal Communication Services ( "PCS ") technology needed for Nextel to provide clear, uninterrupted, wireless telecommunication service to the community. On behalf of Nextel, SAC has submitted all required documentation for a Conditional Use Permit allowing for co- location of wireless communication facilities, per Zoning Ordinance Section 401.15.P, Antennas. Should you have any questions, please do not hesitate to contact me. I look forward to working with you during the approval process and providing the residents of Oak Park Heights the best possible PCS coverage. Sincer e 4 or Steven . Katkov, s 655 First Bank Drive Palatine, Illinois 60067 Office: 847 -991- 2100 Fax: 847 - 991 -5707 Email: SAC @siteacquisition.com www.siteacquisition.com EXHIBIT 7 1. BACKGROUND NARRATIVE OVERVIEW Nextel Communications, Inc. ( "Nextel ") seeks a Conditional Use Permit and any other necessary approvals to locate a Wireless Telecommunication Service . Facility within the city of Oak Park Heights (the "Wireless Facility "). Specifically, Nextel seeks approval to install antennas on the existing public utility. lattice tower (Structure #11) owned and maintained by Xcel Energy, and to install a pre - fabricated 'concrete equipment shelter near the base of the tower, all on real property owned by the Anchobaypro, Inc. (f /k /a the Haase farmstead) located at 13735 - 60 Street, Oak Park Heights, MN 55082 (the "Subject Property "). The existing public utility lattice tower is subject to an easement agreement that runs with the land in perpetuity. Nextel, based in Reston, Virginia, is a leading provider of fully integrated, wireless communications services on the largest guaranteed, all- digital, wireless network in the country. The Nextel 4 -in -1 service—Nextel Digital Cellular, Direct ConnectTM, Nextel Mobile Messaging and Nextel Online®—covers thousands of communities across the United States. Nextel and Nextel Partners, Inc., currently serve 198 of the top 200 U.S. markets. Through recent market launches, Nextel and Nextel Partners service is available today in areas of the United States where approximately 240 million people live or work. The regional system is operating under the name of Nextel and is part of an integrated nationwide network of coverage.- • . Pursuant to the 1996 Telecommunications Act (the "TCA "), Nextel, among other companies, was selected by the ,Federal Communications Commission (the "FCC ") to develop wireless .communications systems within the United States. These new generations of wireless systems, digital in nature, allow greater communication opportunities for consumers. The FCC has stated that such communication options enhance the quality of life for all, citizens. The FCC has exclusive jurisdiction over the regulation of the environmental effects of radio frequency emissions from PCS facilities and primary jurisdiction over the regulation of radio signal interference among users of the radio frequency spectrum. Nextel and all wireless companies are allocated radio frequency spectrum to avoid any risk of signal interference. The TCA defined the balance between federal, state and local responsibilities in telecommunications. Congress designated the FCC as the primary entity responsible for rules and regulations related to the entry into and the offering of interstate telecommunications services. Under the TCA, local units of government have the right to make traditional land use judgments regarding the location, height and design of telecommunications facilities. However, local units of government cannot regulate telecommunications facilities in a way that prohibits the provision of wireless telecommunication services. Local governments must also refrain from discriminating among telecommunications providers. Nextel has worked diligently with local units of government throughout Minnesota to construct telecommunications facilities that meet the needs of its PCS system, as well as the aesthetic and safety requirements of local jurisdictions. 2. SITE JUSTIFICATION AND DESIGN The Wireless Facility is necessary in order to provide uninterrupted PCS services to your community, including services such as wireless telephone service, voice paging and wireless data transmission. Nextel's PCS technology operates at various radio frequency ( "RF ") bands between 806 and 866 megahertz and utilizes a digital wireless voice and data transmission system. This technology promises to provide consumers with enhanced service (including greater sound clarity and privacy) as well as new services not currently available under some traditional analog cellular systems. Like traditional cellular phone systems, PCS operates on a "grid" system, whereby overlapping "cells" mesh to form a seamless wireless network. The technical criteria for establishing cell sites are very exacting as to both the height and location of the Wireless Facility. Within the Oak Park Heights area, cell sites are generally located approximately three (3) to six (6) miles apart. Based on a computerized engineering study which takes into account, among other things, local population density, traffic patterns and topography, Nextel's engineers have identified the need for a PCS site in Oak Park Heights. The Subject Property is within the geographic area in which a wireless facility must be located in order for it to function as an integral part of the larger Nextel PCS network. The Subject Property was selected based on its satisfying RF criteria (including antenna height) and Nextel's review of local land uses and site availability. Specifically, proximity to Oak Park Heights residential and business enclaves and the major roadways traversing the area are relevant siting criteria. Moreover, the city» encourages the use of existing structures for co- location in its zoning code. 3. DISCUSSION The Subject Property is zoned Commercial Business District. Pursuantto the Oak Park Heights City Code, Section 1410 (An Ordinance Regulating the Placement of Telecommunications Towers and Antennas), Nextel has made application for Conditional Use Permit approval to install up to twelve (12) panel antennas atop Structure #11, and to install a pre - fabricated equipment shelter near the base of the Structure #11. The antennas would be connected to the top of Structure #11 by installation of an antenna - mounting frame, but the antennas would not extend more than fifteen feet (15') above the structural height of the tower. The equipment shelter, housing radio frequency electronics, HVAC and batteries for auxiliary power, would be set on concrete footings to the west of the tower within an area under lease with the owner of the underlying real property. The City Code allows-;-in point of fact, encourages -- location of wireless communication antennas on existing support structures, whenever feasible. See §1410.030(2); §1410.060(1) (I). The proposed design accounts for all performance standards of the City Code. See §1410.060. The proposed design also meets the requirements for co- location within a business district. See §1410.040(B). The Wireless Facility would not be staffed, and, upon completion, will require only infrequent site visits (approximately one time a month). Access will be provided to the Wireless Facility via 60 Street and a gravel driveway to be installed from 60 Street to Structure #11 within an area under lease with the owner of the underlying real property. Hence, the Wireless Facility will not have any material impact on either traffic or storm water control. The Wireless Facility is entirely self- monitored and connects directly to a central office where sophisticated ft • • computers alert personnel to equipment malfunction or breach of security. Moreover, no nuisances will be generated by the Wireless Facility. In general, PCS technology does not interfere with any other forms of communications. To the contrary, PCS technology provides vital communication in emergency situations and will be commonly used by local residents and emergency personnel to protect the general public's health safety and welfare. The Wireless Facility would be designed and constructed to meet applicable governmental and industry safety standards. Specifically, Nextel will comply with all FCC and FAA rules regarding construction requirements, technical standards, interference protection, power and height limitations, and RF standards. Any and all RF emissions are subject to the exclusive jurisdiction of the FCC. 4. CONCLUSION Nextel is under rigid time constraints, and consistent with applicable law, we respectfully request this application be processed as expeditiously as possible. Please note that Nextel expressly reserves all of its rights and claims, including, without limitation, those available to it under federal law. Without limiting the generality of the foregoing, no waiver, admission or agreement shall be inferred herefrom and no filing of any application for any permit (including, without limitation, any building or other permit), license or approval or any other action heretofore or hereafter taken by or on behalf of Nextel shall be construed as a waiver or limitation of any right or claim of Nextel. LEGAL DESCRIPTION • Tracts A and B, Registered Land Survey No. 114 Torrens Property [Certificate of Title Number.57414] Parcel No. 05- 029 -20 -11 -0040 • 1 Standards for Issuance of A Conditional Use Permit STANDARDS FOR ISSUANCE OF A CONDITIONAL USE PERMIT The proposed Nextel antenna installation conforms to the following criteria used generally in evaluating requests for conditional use permits: . CI Factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances. Response: Antenna installations do not generate noise, .glare, odor, vibration, dust or other nuisances. Adjacent uses will be unaffected by the operation of the proposed installation. The antennas do not emit hazardous radio waves of any kind, nor do they create electrical interference to nearby property owners. The company consistently . maintains its antenna installations to ensure design and structural integrity, as well as genera l appearance. Nextel is insured against all such risks. C] Fire and safety hazards. Response: Antenna installations do not create fire or safety hazards. The proper electrical functioning of such installations is remotely monitored to provide a safe environment. These installations are also maintained to prevent the unauthorized entry of any persons other than company service personnel. PCS signals do not interfere with any other from of communications, whether public "or private, or in any way endanger the public health, safety, morals or general welfare. Wireless telephones provide an alternate communication system which has repeatedly proven its effectiveness in emergency situations and is commonly being used by police and fire departments to protect the general public's health, safety, and welfare. C] Existing and anticipated traffic conditions. Response: The proposed antenna installation will not cause a traffic hazard or congestion for vehicles. It will not interfere with the delivery of essential services to residents or businesses. Moreover, the installation can be easily reached via the 20 -foot wide access easement from 110 Street to the site D Parking facilities on adjacent streets and land. Response: The proposed antenna installation does not require separate parking facilities on adjacent streets. Use of existing parking will be adequate parking for the routine inspections made by company service personnel. C] The establishment of the conditional use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district. Response: Nextel has been sensitive in designing a wireless facility that will minimize the impact on the surrounding property. The Wireless Facility will be • compatible with the existing environment and will not disrupt any future development of the. area. Due to its location on an existing structure, the Wireless Facility will not impede the normal and orderly development and improvements of surrounding property for uses permitted in this agricultural zoning district. CI The effect on surrounding properties, including valuation, aesthetics and scenic views, land uses, character and integrity of the neighborhood. Response: The proposed antenna installation creates no adverse impact for adjacent properties. Nextel has strived to design an installation that limits the size and complexity of the antenna installation by selecting "whip" antennas rather than panel antennas and has selected an aggregate finish for its equipment shelter to blend into the surrounding landscape and to have no adverse impact on the value or livability of neighboring properties. . ❑ Consistency with the Comprehensive Plan. Response: The general purpose of the Comprehensive Plan is to ensure the public health, safety, and general welfare. The placement of the proposed antenna installation furthers that goal. It complies with the zoning requirements of Ordinance No. 124. Through the passage of the 1996 Telecommunications Act, Congress sought to increase telecommunications options for all citizens. The placement of an antenna installation in this vicinity improves the general welfare and quality of life of its citizens and visitors. ❑ Impact on governmental facilities and services, including roads, sanitary sewer, water, police and fire. Response: The Wireless Facility, monitored remotely by sophisticated electronic means, will not create a burden of any kind on county services or the public infrastructure. The installation will be accessible to public services by vehicle; however, no public services will be necessary to operate the facility. The company wilt ensure the proper functioning of the installation and maintain it according to all applicable local, state or federal building codes and its own stringent requirements. No drainage, sanitation, refuse removal, parks, library, or school services will be necessary for this facility. Existing police and fire protection are more than adequate to provide security for the facility. Cl Effect on sensitive environmental features, including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils. . Response: The proposed antenna installation will have no impact on the particular environmental features of the Township. The Wireless Facility would not be placed in a sensitive soil, wetland, floodplain or shoreland district. Due to the diminutive size of the proposed equipment, it will not have an adverse effect on the surrounding properties nor the character of the area. N To all concerned, The location of the Nextel Communications proposed site MNO225 Oak Park Heights will provide needed outdoor and in- building coverage in the city of Oak Park Heights, MN. Outdoor level coverage will also be solidified in the surrounding area defined by Hwy 36, CR 5, and SR 95. As the Radio Frequency Engineer assigned to design and analyze this site, I have . performed evaluations considering several factors including existing structures, terrain, foliage, and building density. Current coverage in the areas stated above is below standard levels for Nextel Communications. Existing Nextel Communications coverage such as it is is provided by two wireless facilities. The first such facility is located across the St. Croix River in Houlton, WI. The second such facility is located roughly three miles west of the proposed location along Highway 36. Due to the distances and varied terrain between the proposed site and these existing sites, appropriate coverage levels cannot be obtained without the new transmitter location of the proposed site in Oak Park Heights. Sincerely, Michael J. Tamboli RF Engineer WI and MN Markets Nextel Communications 20900 Swenson Dr. Suite 550 Waukesha, WI. 53186 Fax: 262-513-2166 • EXHIBIT 8 41) Scott Richards m-: <kdwidin@comcast. net> To: "Jim Butler" < jbutler @cityofoakparkheights.com >; "Julie Hultman" < jhultman @cityofoakparkheights.com >; "Jay Johnson" < jjohnson @cityofoakparkheights.com >; "Scott Richards" <srichards@nacplanning.com> Sent: Tuesday, September 30, 2003 9:48 AM Subject: Nextel Communications - Landscaping OPH Staff - I have reviewed the plans for the Nextel Communications Co- Location project and communication shelter. The only suggestion which I would have regarding this project would be to provide some landscaping on the outside of the fence surrounding the proposed accessory building (communication shelter) to screen the structure. Depending on the room available, shrubs which grow to a height of 5 ft., or vines which will grow upon and cover the fence, could be used. A plan for landscaping should be included with materials submitted for project approval. Kathy Widin Arborist City of Oak Park Heights • • EXHIBIT 9 9/30/2003 • MEMORANDUM ENCLOSURE 4 NORTHWEST ASSOCIATED CONSULTANTS, INC. TO: Eric Johnson FROM: Scott Richards DATE: October 2, 2003 RE: Oak Park Heights — Central Business District: Comprehensive Plan, Rezoning, and Design Guidelines Proposal 5775 Wayzata Boulevard, Suite 858, St. Louis Park, MN 55416 Telephone: 9952.598.9836 Facsimile: 982.595.883 7 plan hers @n ac pi a nni ng.cOm FILE NO: 798.11 Please find attached a revised proposal for changes to the Comprehensive Plan, Zoning Ordinance, and Design Guidelines as it relates to the Central Business District. The memo has been changed to reflect a B -4 District reference, not R -4 District. Additionally, as per Planning Commission input, the language has been revised to indicate that the CBD guidelines will be incorporated into the general commercial design guidelines specific to the B -4 District. The B -4 District will • incorporate the. CBD permitted, conditional, and accessory uses but utilize the B -2 lot size, setbacks, and other performance standards. 1 hope this memo and the revised proposal clarifies any issues that you had with the recommended changes to the Comprehensive Plan, Zoning Ordinance, and Design Guidelines. pc: Planning Commission AIM MEMORANDUM NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata 'Boulevard, Suite 555, St. Louis Park, MN 55418 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.corn TO: Eric Johnson FROM: Scott Richards DATE: September 29, 2003 RE: Oak Park Heights -- Central Business District: Comprehensive Plan, Rezoning, and Design Guidelines Proposal FILE NO: 798.11 As per the direction of the City Council and Planning Commission at their August 28, 2003 workshop, we have developed a proposal to change the Comprehensive Plan, Zoning Ordinance, and Design Guidelines for the area now known as the Central Business District (CBD). This proposal outlines the general work program and number of hours required for each of the three steps in making the changes. The hours do not include the Planning Commission and City Council meetings required to discuss and approve the changes. Meetings or workshops for this 'project : that are included under the monthly meeting retainer are already covered. Additional meetings or workshops that are not included in the retainer will be charged at the extra meeting. rate of $200.00. COMPREHENSIVE PLAN REVISIONS Tasks: • Revise /eliminate text in Land Use Plan section and Planning District 11. • Revise proposed Land Use Plan Map and Planning District 11 Map. • Draft resolutions for approval by the Planning Commission and City Council. Budget: Senior Planner 4 hours @ $76.50 /hour = $ 306.00 Planner /GIS Specialist 4 hours @ $38.50 /hour = $ 154.00 Secretarial 2 hours @ $30.00 /hour = $ 60.00 Sub -Total $ 520.00 • • i 1 • • B -4, LIMITED GENERAL BUSINESS DISTRICT DESIGN GUIDELINES Tasks: • Incorporate CBD design guidelines into the general commercial design guidelines specific to the B -4 District. • Draft resolutions for approval by the Planning Commission and City Council. Budget: Senior Planner 10 hours @ $76.50/hour = $ 765.00 Planner /GIS Specialist 6 hours @ $38.50 /hour = $ 231.00 Secretarial 4 hours @ $30.00 /hour = $ 120.00 Sub -Total $1,116.00 REPLACE CBD WITH B -4, LIMITED GENERAL BUSINESS DISTRICT Tasks • • • • Draft new zoning district with a combination of B -2, General Business District and CBD permitted, conditional and accessory uses as per Section 401.301 of the Zoning Ordinance. B -2 lot size, setbacks, and other performance standards would be included. Revise zoning map. Draft resolutions /ordinances for approval by the Planning Commission and City Council. Budget: Senior Planner 8 hours @ $76.50 /hour = $ 612.00 Planner /GIS Specialist 4 hours @ $38.50 /hour = $ 154 :00 Secretarial 2 hours @ $30.00 /hour = $ 60.00 Sub -Total $ 826.00 TOTAL $2,462.00 Expenses /Color Copies $ 238.00 GRAND TOTAL $2,700.00 The project would be completed with a not to exceed fee of $2,700.00. All final printing of the documents for distribution to the Planning Commission and City Council and for City copies will be billed separately at cost. If you have any questions about this proposal, please do not hesitate to call.