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HomeMy WebLinkAbout2002-01-16 PACKET 04.E.s y REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 1 /16/02 � �j � PREPARED BY: Community Development Kim Lindquist ORIGINATING DEPARTMENT STAFF AUTHOR ************************************************ COUNCIL ACTION REQUEST Consider adopting an ordinance amending Title 11-4-5(B), Height Limit Modifications, to bring the zoning ordinance into conformance with the Comprehensive Plan 2020 (Transportation Element - Airports). STAFF RECOMMENDATION Adopt the resolution amending Title 11-4-5(B), Height Limit Modifications. ADVISORY COMMISSION ACTION DATE 12/17/01 REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS � MEMO/LETTER: Memo from John McCool dated 1/9/02 ❑ RESOLUTION: � ORDINANCE: Draft ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: 1) Excerpt from unapproved Planning Commission December 17, 2001, meeting 2) Staff report and exhibits ADMINISTRATORS COMMENTS minutes from the ' ' , r/U � City Administrator Date ************************************************ COUNCIL ACTION TAKEN: [•1� APPROV � ❑ DENIED ❑ OTHER �; �� �� ��� MEMORANDUM TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: January 9, 2002 RE: Zoning Ordinance Amendment — Height Limitations Introduction Staff has initiated a change in the ordinance relating to building height. The change is prompted by a request of the Metropolitan Council as part of the Comprehensive Plan review and approval process. The ordinance modification triggers notification to the Minnesota Department of Trans- portation Commissioner of any proposal to construct an object more than 200 feet above the ground or more than 200 feet above the established airport elevation that is within three nautical miles of the nearest runway of an airport, whichever is higher. Discussion For all practical purposes, the ordinance modification will have little impact upon the operation of the City. Rarely are structures proposed that would require the notification procedure outlined in the ordinance. To ensure the ordinance is reasonably applied, staff has recommended that the language be somewhat modified, as compared to the Met Council recommendation. The modifi- cation is to the restriction on structures 200 feet or more above the established airport elevation. It is recommended that it only be applied to property within three nautical miles of the nearest runway of a public airport. This is to ensure that property in the community, but a long distance from any public airport, is not unnecessarily restricted. Conclusion There are two options available to the City Council for disposition of the request: Approve the request. For purposes of implementing an element of the City's Comprehensive Plan 2020 (Transportation Element — Airports), the proposed ordinance amendment generally limits height of objects anywhere in the community for airspace protection and supporting gen- eral airspace policies and standards imposed by both Federal and State safety standards. Deny the request. Denial of the proposed ordinance amendment would be inconsistent with the City's Comprehensive Plan 2020. Recommendation Adopt the attached ordinance. ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA; AMENDING TITLE 11, HEIGHT LIMIT MODIFICATIONS OF THE ZONING ORDINANCE CONCERNING AN AMENDMENT TO TITLE 11-4-5(B), INCREASES IN HEIGHT LIMITS OF THE CITY CODES The City Council of the City of Cottage Grove, Washington County, Minnesota does ordain as follows: Section 1. Amendment. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota" shall be amended by adding Title 11-4-5(B)(4), Notification as follows: 11-4-5: HEIGHT LIMIT MODIFICATIONS: B. Increases In Height Limits: 4. Notification: Any sqonsor who proposes any construction or alteration that would exceed a heiqht of 200 feet above qround level at the site or more than 200-feet above the established airport elevation, which is ever higher, within three nautical miles of the nearest runway of an airport, or increasinq in height that extends upward and oufinrard at a slope of 100:1 from the nearest point of the nearest runwav of a public airport shall notify the Minnesota Department of Transportation Commissioner at least 30-davs in advance. Section 2. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Passed this 16th day of January, 2002. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk STAFF REPORT CASE: TA01-086 ITEM: 6.3 PUBLIC MEETING DATE: 12/17/01 TENTATIVE COUNCIL REVIEW DATE: 1/16/02 APPLICATION APPLICANT: REQUEST: City of Cottage Grove A zoning text amendment to Title 11-4-5, Height Limit Modifications. SITE DATA LOCATION: N/A ZONING: N/A CONTIGUOUS LAND USE: NORTH: N/A EAST: N/A SOUTH: N/A WEST: N/A SIZE: N/A DENSITY: N/A RECOMMENDATION Approval. COTTAGE GROVE PLANNING DIVIS/ON G:�2001\Planning Cases\086TA Height Limits-dec17\086TA Height Limits SR cover-decl7.doc Planning Staff Report Case TA01-086 December 17, 2001 Proposal The City of Cottage Grove has made application for a zoning text amendment to Title 11-4-5, Height Limit Modifications to the City Codes. This proposed zoning text amendment simply requires that the Minnesota Department of Transportation Commissioner be notified of any proposal to construct an object more than 200-feet above the ground or more than 200-feet above the established airport elevation that is within three nautical miles of the nearest runway of an airport, which is ever higher. Background The City's Comprehensive Plan 2020 was adopted (Resolution No. 00-224) by the City Council on October 18, 2000. As part of the Metropolitan Council's review of this Plan, they acknowledged that the City of Cottage Grove is not within the influence area of any metro airport system and is not affected by existing or future airport development or operation. Knowing this, they still recognize that the City is wifhin the region's general airspace that needs to be protected from potential obstructions to air navigation. In order for the Metropolitan Council to accept our Comprehensive Plan 2020, we included a text suggested by Metropolitan Council (page 71 of the Comprehensive Plan 2020) that identifies general airspace obstructions as being any object 200-feet or higher. In order to be consistent with the Comprehensive Plan 2020, we recommend that Title 11-4-5, Height Limit Modifications in the Zoning Ordinance be amended. Planning Considerations Proposal Through the comprehensive planning process, the Metropolitan Council recommended to all municipalities within the seven-county metropolitan area to include in their comprehensive plans a general policy to notify the Minnesota Department of Transportation Commissioner of any proposed structure/object that is: • 200-feet or more above ground; or • 200-feet or more above the established airport elevation; or • The construction or alteration of a structure or object is of greater height than an imaginary surface extending upward and outward at a slope of 100:1 from the nearest point of the nearest runway of a public airport. The purpose of this notification relates to the use of the area's airspace relative to tall structures, how it relates to flight patterns, and maintenance of operational safety for individuals in the air and on the ground. To implement these general policies, Planning Staff Report — Cases TA01-086 ' December 17, 2001 Page 2 of 3 municipalities must include a height of structure control into their local codes/ordinances. Our office has taken Metropolitan Council's recommended language, but modified the language to include one additional criterion for determining air navigation obstructions as defined and enforced under Aeronautics Rules and Regulations 8800.1200. Actually, this language modifies the second criterion relating to an object 200-foot above the established airport elevation, by stipulating that it is within three nautical miles of the nearest runway of an airport. Highlighted in the table below is a list of the four closest public airports to the City's municipal boundary line. You will find that the Richard E. Fleming Field in South St. Paul is the closest (5.7 nautical miles). Based on the proposed ordinance amendment, the only time the MNDOT Commissioner would be notified is when a structure 200-feet or higher is proposed to be constructed. DISTANCE BETWEEN AIRPORT NAME AIRPORT BOUNDARY & AIRPORT BASE RUNWAY COTTAGE GROVE ELEVATION MUNICIPAL BOUNDARY ft. above mean sea level Minneapolis/St. Paul 25.2 miles 841 - feet International Air ort South St. Paul Municipal 5.7 miles 820 — feet Airport — Richard E. Flemin Field St. Paul Downtown Airport 14.6 — miles 705 — feet — Holman Field Lake Elmo 23.2 miles 932 — feet Elevation Source: www.airnav.com Conclusion There are two options available to the Planning Commission and City Council for disposition of the request: Approve the request. For purposes of implementing an element of the City's Comprehensive Plan 2020 (Transportation Element — Airports), the proposed ordinance amendment generally limits height of objects anywhere in the community for purposes of airspace protection and supporting general airspace policies and standards imposed by both Federal and State safety standards. Deny the request. Denial of the proposed ordinance amendment would be inconsistent with the City's Comprehensive Plan 2020. Recommendation Adopt the Draft Ordinance. Planning Staff Report — Cases TA01-086 December 17, 2001 Page 3 of 3 Prepared by: John McCool, AICP Senior Planner Attachments: Exhibit A— Draft Ordinance Amendment EXHIBIT A ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA; AMENDING TITLE 11, HEIGHT LIMIT MODIFICATIONS OF THE ZONING ORDINANCE CONCERNING AN AMENDMENT TO TITLE 11-4-5(B), INCREASES IN HEIGHT LIMITS OF THE CITY CODES The City Council of the City of Cottage Grove, Washington County, Minnesota does ordain as follows: Section 1. Amendment. "The Code of the City of Cottage Grove, County of Washington, State of Minnesota" shall be amended by adding Title 11-4-5(B)(4), Notification as follows: 11-4-5: HEIGHT LIMIT MODIFICATIONS: B. Increases In Height Limits: 4. Notification: Any sponsor who proposes any construction or alteration that would exceed a height of 200 feet above ground level at the site or more than 200-feet above the established airport elevation, which is ever hiqher, within three nautical miles of the nearest runway of an airport, or increasing in heiqht that extends upward and outward at a slope of 100:1 from the nearest point of the nearest runway of a public airport shall notify the Minnesota Department of Transportation Commissioner at least 30-days in advance. Section 2. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Passed this 16th day of January, 2002. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON DECEMBER 17, 2001 6.3 CASE TA01-086 The City of Cottage Grove has applied for a zoning text amendment to amend Title 11-4- 5, Height Limit Modifications, of the City Code. McCool summarized the staff report and recommended approval. Willhite opened the public hearing. No one spoke. Willhite c/osed the public hearing. Japs moved to approve the zoning text amendment. Booth seconded. Motion passed unanimously.