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HomeMy WebLinkAbout2018-03-14 CPC Packeti11watet THE BIRTHPLACE OF MINNESOTA AGENDA PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North March 14th, 2018 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of February 14th, 2018 regular meeting minutes IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement of may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 2. Case No. 2018-01: Consideration of a Zoning Text Amendment to amend the City Code by adding exterior residential lighting standards. City of Stillwater, applicant. -Tabled to April's meeting per Applicants request. 3. Case No. 2018-02: Consideration of a Variance to the maximum structural coverage in the RB - Two Family District for the property located at 618 3rd Street South. Michelle and Shane Quinn, property owners. - Tabled from February meeting per applicant's request. 4. Case No. 2018-09: Consideration of a Preliminary Plat and Zoning Map Amendment for the property located at 12588 Boutwell Road in the AP district. Boutwell Farm LLC, property owner and Kevin Von Riedel, property owner. VI. ITEMS OF DISCUSSION 5. Residential Lighting Zoning Text Amendment Discussion 6. Small Wireless Future Zoning Text Amendment 7. 2040 Comprehensive Plan Update VII. FYI 8. 2018 Commission Appointments and Chair Elections 9. St. Croix River Crossing - Materials in packet (no staff report) VIII. ADJOURNMENT THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES February 14, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:00 p.m. Present: Chairman Collins, Commissioners Fletcher, Kocon (arrived at 7:04 p.m.), Lauer and Siess; Councilmember Menikheim Absent: Commissioners Hade and Hansen Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of January 10, 2018 regular meeting Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to approve the minutes of the January 10, 2018 regular meeting. Motion passed 4-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2017-69: Special Use Permit (SUP) for 9 townhome units to be located at 1167 Parkwood Lane and 6322 Stillwater Boulevard North in the TH District. Ancho Bay Pro, Inc., property owner. City Planner Wittman explained the request. Tim Nolde, Ancho Bay Pro, Inc., has requested a Special Use Permit to allow for nine (9) townhouses to be located at 1167 Parkwood Lane and 6322 Stillwater Blvd. North. Two buildings, one with three units and the other with four units, are proposed to be relocated from Oak Park Heights. A third building, comprised of two units, is proposed to be constructed onsite. Two shallow infiltration basins are proposed to address all stormwater runoff onsite. One resident, Michael Hughes, 1172 Parkwood Lane, expressed support for the scale of the project and limiting the number of units accessing off of Parkwood Lane, but had concern about drainage on his lower lying property and stated that he is not in favor of rental properties. In his written comments, Mr. Hughes asked the City to require the infrastructure to be developed to necessary standards. The City Council will consider the building moving permit on March 6. On the basis the application is in harmony with the general purposes of the Zoning Code, consistent with the Comprehensive Plan, and, with certain conditions, would conform to all lawful regulations, staff recommends approval of the SUP with 18 conditions. Planning Commission February 14, 2018 Commissioner Kocon asked what the drainage area will look like when there is no water there. City Planner Wittman replied it is a vegetative swale so it will have grasses. Tim Freeman, Folz Freeman Surveying Inc. representing the property owner, offered to answer questions. Chairman Collins opened the public hearing. Art Junker, 1164 Parkwood Lane, asked how much interruption the moving of the buildings will cause on County Highway 5. Martha Morse, 1172 Parkwood Lane, stated she appreciated the Commission's careful consideration of the design and asked if the commission may request further beautification of the property. She noted that mosquitoes are an issue on nearby lots and questioned whether the existing pond to the north should be integrated. She asked about ownership and integrity of the retaining wall between the vacant lots and Saddle Court, and about parking that will be lost. Chairman Collins closed the public hearing. Ms. Wittman stated that the move, which is anticipated to use County Highway 5, will require access and right-of-way permits from both Washington County and the Minnesota Department of Transportation; the owner is aware of these regulations. She understands the move will occur at night for minimal disruption to traffic flow. She added that Saddle Court parking is a challenge - all existing units have on -site parking but they also use public right-of-way for parking. Parallel parking will be reinforced as part of this project. The ownership of the retaining wall is being investigated by the City Attorney. The wall is located on public land. An engineer's report says there is some stress on the wall right now and further analysis is recommended. This will be addressed in a development agreement. Staff has advised the property owner they may want to work with Washington County Conservation District to add low impact plantings. Commissioner Kocon said it is a good addition to the neighborhood and he is glad water will be draining down within 24 hours after a rainfall event, which should eliminate the mosquito issue. Commissioner Siess said she is concerned about the properties being used as rental and wondered how it could be assured that a child does not get into the pond. Ms. Wittman stated that, from the public way, there is a guardrail along the trail but not on the other side behind the homes. Mr. Freeman responded that the drainage area is not going to attach to the existing pond because of the trail there. The drainage area is large but no different than other infiltration basins. There have not been any issues with the existing pond to the north. Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to approve the Special Use Permit for Case No. 2017-69, with the 18 conditions recommended by staff, modifying Condition #5 to state, "Prior to the issuance of a Building Moving Permit or Building Permit..." and modifying Condition #15 to state, "The Developer will be responsible for paying the AUAR Fee and Trunk Sewer Fee. These fees will be due prior to release of the Grading or Building Moving Permits" and adding Condition #18, per staff, to state, "All lighting shall be downlit, shielded and cutoff at the property line." Motion passed 5-0, all in favor. Page 2 of 7 Planning Commission February 14, 2018 Case No. 2018-03: Conditional Use Permit for a Type C Short Term Home Rental to be located at 219 Third Street North in the RCM District. Angela Hudson, property owner. City Planner Wittman explained the request. Angela Hudson owns the single family house at 219 Third Street North. She does not live at this property and has been using it a Short Term Home Rental for approximately one year. Ms. Hudson has submitted applications for both the necessary Conditional Use Permit to operate a Type C Short Term Home Rental (STHR) and a STHR License. Ms. Hudson will manage the property herself. Letters of opposition were received from neighbors Amy Goetz, 231 Third Street North Unit C and Barbara Troolin, 231 Third Street North, citing concerns about disruptiveness, parking demands and the potential for nuisances. Staff finds the regulations in Ordinance 1093 to be satisfied with conditions and therefore recommends approval with 12 conditions. Commissioner Siess asked what a substantiated complaint consists of. Ms. Wittman said everything is a matter of investigation. Complaints may be related to parking, noise issues or other nuisances. Chairman Collins acknowledged that one of the complaints submitted included pictures of tents being used in the backyard. Ms. Wittman stated that if the number of people exceeds the limits, that would be a violation but there is nothing specifically addressing tents in the ordinance. Commissioner Kocon remarked that he would like there never to be tents. Applicant Angela Hudson stated she has been renting the house out for three years. She plans to allow only 11 people to rent the house at one time. She did not know that the people staying there had put the tents out and would not have allowed that. There is another way out of the driveway, so if someone is parked there for five minutes another car would not be entirely blocked in, but it is a very steep drop. Most guests have abided by her requests. Justin Hudson pointed out that he and his wife are both local business owners and the house is immaculate. They have a great relationship with neighbors. When an issue is brought to their attention it is resolved immediately. Commissioner Kocon asked if they could erect a sign or some obvious obstruction indicating no parking in the shared part of the driveway. Ms. Hudson replied that it is a very narrow space and an obstruction could block the driveway but she would consider it. Chairman Collins opened the public hearing. Barbara Troolin, 231 Third Street North (Mulberry Condos) stated she has witnessed loud parties, cars blocking the driveway, people camping and sleeping in cars overnight and dumping garbage in her trash. These violations have been reported to the owners with mixed results. She asked the Commission to deny the application. Lois Fleming, 231 Third Street North (Mulberry Condos) said her main issue is parking which is very difficult especially in the winter, when the access out of the property to the north is filled with plowed snow. Some guests are pleasant and some are not. She added that people have slept in cars and in tents in the backyard. Guests often block the condos' only drive to get to the street. Amy Goetz, 231 Third Street North (Mulberry Condos) said she doesn't want to police her neighbors' business. It is inconvenient and uncomfortable. Offsite management of short term rentals invites a fraternity house atmosphere - people are not committed to the neighborhood. Page 3 of 7 Planning Commission February 14, 2018 Ms. Hudson addressed the concerns expressed, saying that she would never text or call someone after 10 p.m. She feels she and her husband have done everything they could to keep the tenants quiet. She acknowledged that erecting signs that say condo parking only might help and she is willing to purchase them. Chairman Collins closed the public hearing. Chairman Collins pointed out that the ordinance provides that after three substantiated complaints a license may be revoked, so if there is an issue it can be dealt with. Commissioner Kocon said he feels the neighbors' concerns are valid. Parking is difficult. He appreciated the applicant's offer to buy signs clarifying no parking. He favors approving the CUP knowing that with three strikes, the license could be revoked. Commissioner Siess acknowledged that the application meets all the conditions - the community should know this is a brand new ordinance and feedback would be appreciated. Motion by Commissioner Kocon, seconded by Commissioner Lauer, to approve Case No. 2018-03, Conditional Use Permit for a Type C Short Term Home Rental to be located at 219 Third Street North, with the 12 conditions recommended by staff. Motion passed 5-0, all in favor. Case No. 2018-05: Amendment to the conditions of approval of a previously granted Variance at 1902 William Street North in the RB District. Sterling Black of Fairway Development LLC, property owner. City Planner Wittman reviewed the history of the case. Sterling Black would like to develop his property located at 1902 William Street North with eight single family lots. Therefore, he is requesting the Planning Commission's consideration of an amendment to the condition attached to the previously granted Variance, Case No. 2016-49, to allow for the future development of eight, opposed to seven, single family lots. Staff finds that eight lots at 1902 William Street North are consistent with the Comprehensive Plan, would not be detrimental to the neighborhood, and would remain directly related to, and bear a rough proportionality to, the impact related to the variance. Therefore, staff recommends the Planning Commission amend the conditions of approval of a previously granted Variance for Case No. 2016-49, to allow for eight single family residential lots to be located at 1902 William Street North. David Hempel, Westwood Professional Services, representing the applicant, offered to answer questions. Chairman Collins opened the public hearing. Brian Larson, 2008 Hazel Court, asked if the project has been approved by Browns Creek Watershed District. City Planner Wittman replied she doesn't know the status because at this time the developer has not submitted the final plat. Mr. Larson asked what assurance the neighborhood has that rezoning to R1 would occur. He is concerned this developer could get the approvals requested tonight and sell to another developer who could come back with a R2 development, in theory. Ms. Witlinan responded that any future developer would still have the condition of seven to eight single family lots. When the final plat is submitted, the Council will determine if it's substantially Page 4 of 7 Planning Commission February 14, 2018 compliant with the preliminary plat approval. Mr. Larson reiterated that as long as the property is rezoned to RI and the neighbors have assurance it won't be turned into a twin home concept, he has no objection. James Purcell, 2001 Hazel Court, expressed concern about the increase from seven to eight units. He feels there is nothing about eight that is better than seven except for the developer's profit. The Commission's job is to hold the developer to what was agreed to. Tim Sinclair, 14411 Dellwood Road North, Stillwater Township, across from the proposed development, pointed out that the potential development of the site has been going on for 12 years with various developers. He thought the developer was OK with the seven lots previously approved. He is against the amendment to increase to eight lots. Pat Lockyear, 2001 Hazel Court, stated that when the case went to the Council last year they denied it, unable to determine why eight is better than seven. Before the Commission considers any more amendments to the original agreement, the developer should have to do more due diligence than waiting for a final plat to go before the Watershed District. It is a very hilly property and to put in the eighth house, he will have to change the landscape considerably. It was spot zoning originally which is poor practice. Neighbors are concerned that if he sells the property, it will become a whole new development. The original zoning was not appropriate. Mary Harycki, 2004 Hazel Court, echoed concerns of her neighbors. She feels the City needs to get the zoning back to single family. The cul de sac rule was enacted because of safety. The developer should be held to what they agreed to previously. Mr. Hempel responded by saying that the developer is working with the Browns Creek Watershed District (BCWD) on the proposal that was submitted last year. They stopped when they were told to stop because of the variance - it didn't make sense to go further until they had some assurance they would be able to continue with the platting process. Ms. Wittman emphasized that the BCWD permit will be required for final plat approval. Chairman Collins closed the public hearing. Commissioner Kocon said he believes the bottom line was that the Commission didn't want to see duplexes. A year later, the Commission looked at an eight unit plan and said that could work. This is simply housekeeping. The preliminary plat as approved was an eight -unit plan. He fully expects the Commission will not be approached with anything greater than eight. Commissioner Lauer agreed that it appears to be a housekeeping issue. Commissioner Siess asked how the Comprehensive Plan update impacts the request. Ms. Wittman replied that the rezoning would be initiated by the City and would occur prior to the issuance of a building permit. Staff is waiting until the final plat is approved because then they know they would have property owner support for the rezoning. Commissioner Siess said she doesn't see this as a cleanup measure. With everything that has gone on for over 10 years, the decision was made to keep it to seven lots. Based on past behavior she feels the proposal could come back with an increase and she would prefer the condition remain as is. Page 5 of 7 Planning Commission February 14, 2018 Motion by Commissioner Collins, seconded by Commissioner Kocon, to amend the conditions of approval of a previously granted Variance for Case No. 2016-49, to allow for eight single family residential lots to be located at 1902 William Street North. Motion passed 4-1, with Commissioner Siess voting nay. Case No. 2018-06: Conditional Use Permit for a Type C Short Term Home Rental to be located at 2009 Lake Street North, in the RB District. Dave and Jodi Evans, property owner. City Planner Wittman stated that David Evans owns the single family house at 2009 Lake Street North, which is located on the Marina property at the end of Lake Street. The home has been used for a while as a Short Term Home Rental. Mr. Evans has submitted applications for both the necessary Conditional Use Permit to operate a Type C Short Term Home Rental (STHR) and a STHR License. The property will be managed by Jodi Evans, the property owner's sister. A written objection citing the potential for neighborhood disruption and parking problems was received from Kristel Buck- Ulrick. The ordinance allows for three substantiated complaints and the license would be revoked for six months. Staff finds the regulations in Ordinance 1093 to be satisfied and therefore recommends approval with 13 conditions. Applicant Dave Evans offered to answer questions. Commissioner Kocon inquired about parking in the right-of-way and whether the applicant feels he can live with the parking requirements. Ms. Wittman explained where the right-of-way is located. Chairman Collins opened the public hearing. Julene Swenson, 103 Lakeside Drive, representing the Lakeview Harbor Association, expressed concern about noise, and asked how residents may file complaints. City Planner Wittman referred her to the police non -emergency line for any noise complaints. She added that other complaints such as parking should be called in to the Community Development Department. Chairman Collins closed the public hearing. Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to approve Case No. 2018-06, Conditional Use Permit for a Type C Short Term Home Rental to be located at 2009 Lake Street North, with the 13 conditions recommended by staff. Motion passed 5-0, all in favor. ITEMS OF DISCUSSION Summer Planning Commission Meeting Schedule City Planner Wittman noted that in 2017 the total number of cases hit a ten-year high of 70, resulting in longer than desirable meetings. She asked if the Commission is interested in scheduling a second monthly meeting during peak development season. Commissioner Kocon said he would prefer one meeting per month. Chairman Collins remarked that achieving a quorum for a second meeting could be difficult. Ms. Wittman noted that the Commission should try to ensure condensed conversation to keep the meetings moving. No action was taken. Page 6 of 7 Planning Commission February 14, 2018 Small Wireless Facilities Zoning Text Amendment City Planner Wittman provided an introduction to small wireless facilities. Moving from 4G to 5G networks will allow greater data capacity. It works in a localized grid pattern. The Commission discussed permitting, cost, siting and design. Staff anticipates having an ordinance drafted for the March meeting. A public hearing will be held when a draft is finalized for potential adoption. STAFF UPDATES Bruggeman Builders home on Linden Street West Ms. Wittman informed the Commission that the rear yard setback variance denial was appealed and will go to the Council in two weeks. Retail Sales in BPI Ms. Wittman stated that the Council capped the total retail at 20% of any industrial site. Joint Meeting Commissioner Siess expressed disappointment that there were only three Commissioners present for the joint meeting with the Council at the end of January. Commissioner Kocon said he had misunderstood that meeting was cancelled. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Siess, to adjourn the meeting at 10:05 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary Page 7 of 7 liwater THE BIRTH P L A TE OF MINNFSOIA PLANNING COMMISSION MEETING DATE: March 14, 2018 CASE NO.: 2018-02 APPLICANT: Shane & Michelle Quinn, property owners REQUEST: Consideration of a Variance to the maximum structural coverage in the RB-Two Family District to allow for the construction of a new detached garage and an addition to the existing single-family home. ZONING: RB - Two Family Res. COMP PLAN DISTRICT: Low/Medium Density Res. PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner REQUEST Shane and Michelle Quinn have applied for a variance to construct an addition to an existing home and build a new detached garage at the property located at 618 3rd Street South. There is an existing garage straddling the northern property line, which the applicants are proposing to remove. In addition to the proposed structural improvements, the applicants are also proposing a new driveway connecting the proposed garage to 3rd Street and an 8'x8' concrete pad, meant to allow the property owners to the north to turnaround their vehicles when exiting their portion of the shared garage. There is an easement between the two property owners which requires the applicants to provide an area for vehicles to turn around. The improvements proposed by the applicants will result in 2,645 square feet of structural coverage (30% of 8,800 square foot lot, whereas 25% is allowed) and 1,755 square feet of impervious surfaces (19.9% of the total lot area, 25% is allowed). With these proposed additions, a total of 49.9% of the lot area will be covered by structures or impervious surfaces. 50% total coverage is permitted. Therefore, though the maximum total coverage is compliant with the 50% allowance, the 30% building coverage exceeds the 25% allowance by 20%, for which a variance is requested. APPLICABLE REGULATIONS AND STANDARDS Section 31-208, Variances, indicates the Planning Commission may grant a variance, but only when all of the following conditions are found: 1. The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose of the Maximum Structural Coverage is to preserve areas for adequate drainage and to limit the massing of structures on a property to prevent a disproportionately large structure in a neighborhood. The property will exceed its maximum structural coverage, but the massing and location of the buildings will not be out of character with the neighborhood, nor will the streetscape be impacted by the structural additions. The garage will meet its required lot line setbacks and will be a fairly standard two car garage. And the addition to the home will be of modest size and be located on the back of the home. The 49.9% total coverage (impervious and structure) will not exceed the 50% allowed. Stormwater runoff and surface water protection methods are all modelled on a 50% maximum in the City's historic neighborhoods, so there are no physical concerns with the proposed improvements. 2. The variance is consistent with the comprehensive plan. The property is zoned RB - Two Family Residential and is guided for Low/Medium Density Residential use. There are no application elements that are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as used in connection with the granting of a variance, means that all of the following must be found to apply: i. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; Having a detached garage and a single-family home in a residential neighborhood is reasonable. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and CPC 3/14/2018 (Case No. 2018-02) 618 3rd Street South Page 2 of 4 The applicants state that their property is smaller than many of the adjoining properties, and that the lack of alley access necessitates the construction of a lengthy driveway. It is true that the applicants' property is smaller than all but one of the other properties on the block, providing them with less buildable area than their neighbors. The only adjacent property of comparable size is 622 3rd Street South, which has street access on two sides, making it possible to construct a much shorter driveway. The applicants' property is subject to a unique combination of having less buildable area and requiring a much longer driveway than the adjacent properties. iii. The variance, if granted, will not alter the essential character of the locality. There are other properties in the area with detached garages. The applicant's proposed addition and garage will be located on the rear of the property and will not be easily visible from the street. The essential character of the locality will not be altered if the proposed variance is granted. Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. ALTERNATIVES AND RECOMMENDATION The Planning Commission has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a 20% variance to the 25% maximum structural coverage for the construction of a 672 square foot garage and a 420 square foot addition to the existing home at this property, with or without conditions. The Planning Commission may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. If the Commission were to find practical difficulties do exist for the property owner, staff would recommend the following conditions: a. Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2018-02. b. Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. 2. Make the finding that practical difficulties have not been established and deny the variance, with or without prejudice. CPC 3/14/2018 (Case No. 2018-02) 618 3rd Street South Page 3 of 4 3. Table the application and request additional information from staff or the applicant. FINDINGS AND RECOMMENDATION On the basis that practical difficulty has been established by the applicant, staff recommends conditional approval of a 20% variance to the 25% maximum structural coverage to allow for the construction of a two car garage and addition to the existing home at this property. ATTACHMENTS Site Location Map Building & Site Plans Application Narrative CPC 3/14/2018 (Case No. 2018-02) 618 3rd Street South Page 4 of 4 Jenn Sundberg From: Sent: To: Subject: �1 ,. i l hater The Birthplace of Minnesota Erik Olson -Williams Monday, February 12, 2018 2:29 PM Jenn Sundberg FW: Quinn residence Case No. CPC/2018-02 Erik Olson -Williams Zoning Administrator/Assistant Planner P: 651-430-8818 F: 651-430-8810 www.ci.stillwateninn.us From: Thom Davis [mailto:tfdavis@comcast.net] Sent: Monday, February 12, 2018 11:27 AM To: Erik Olson-Williams<eolson-williams@ci.stillwater.mn.us> Subject: Quinn residence Case No. CPC/2018-02 Dear Mr. Olson -Williams, We live at 622 Third Street South, which is next door to the Quinn residence, 618 Third Street South. Our concerns are with the proposed drive way. We understand that it will be built with impervious pavement. We are concerned about drainage into the street and down into the St. Croix River and possibly into our basement, we request that it be paved with pervious pavement or pervious bricks. It is our impression that Stillwater has made water conservation a priority. Secondly, as we walk between our properties we have noticed a bulge of about four feet wide where the driveway will be built. What is under it? We don't know but we worry that it might be an old fuel tank which could be dangerous. We request that it be carefully investigated before construction. Otherwise, we support the plan. Sincerely, Nancy Davis Thom Davis 1 The Birthplace of Minnesota Site Location Map 618 3rd Street South EAST WILLARD - Steve Poindexter S&P Builders Luc l51SWhite Bear Avenue #1O9Suite A8 Maplewood, K8N5S1O9 6128683344 618 ,;ls stm/mmocrNs.m 9'-0" 7'-6 1/2" Bedroom Master Bedroom Bathroom Sun Porch 7'-6 3/4" Bedroom oo op 4 seasons room January 15, 2018 10'-7 1/8" As -is 2nd Floor 12'-3 3/4" scale 1/4" = 1' N 7 618 3rd St S SUlN1N I Quinn.. Residence A er.}s-�rmr.� 01 8'-11 1/4" 8'-1/4" January 15, 2018 Living room Dining room As -is First floor Kitchen 0a 03 0a M Powder room Sun Room 00 M of 12'-3 1/4" scale 1/4" = 1' 618 3rd Si S Stillwater hiN I Quinn Residence NW 19'-3" 160'-0" 33'-6" Current House Current Site Plan Model shows current house = 1356 sqft City measurements =1556 sqft January 15, 2018 12'-2" Shed 24'-5" Single stall Garage Scale 3/32 = lft 618 3rd St 5 Stillwater MN I Quinn Residence 0 '-4 0•' N� January 15, 2018 Dining Room 16'-11 1/2" Kitchen Powder Room r Rear Entry Master bedroom 11'-8" Covered Patio N Ln Master Bath Remodeled 1st Floor 16'-0" 8'-5" Scale 3/16 = 1ft NJ 618 3rd St 5 Stitlwater MIN/ l Quinn Residence A :r-r�:t�ii[� 03 January 15, 2018 3D Modeling N� 618 3rd St S Stillwater MN I Quinn Residence ti A 04 3'-0" b( ", New Driveway Renovated house N Covered Patio r 12'-0" New Garage 2a'-0" Lot Size = 8800sqft Impervious maximum = 2200 sqft or 25% Current structures = 1895 sqft or 21.5% Current concrete/asphalt = 684 sqft or 8% New Impervious structures = 2645 sqft or 30% New Concrete/asphalt = 1755 sqft 19.9% New Total Impervious condition = 4397 sqft or 49.9% 51'-5" Scale 3/32 = lft N 4 February 13, 2018 Quuin I '.idrnC', A 05 January 19, 2018 Planning Commission, My wife Michelle Quinn and I are requesting a variance for our purchased property at 613 3fd St South, Stillwater. We have had a long-distance relationship with the City of Stillwater for many years, with dreams of becoming long term Stillwater residents. We attend Watermark Church at the Stillwater Middle School and attend many Stillwater activities, establishments and volunteer for events like Sticks of Stillwater and Twinkle Parade/Party. Over the past 12 years we have searched for just the right older home (putting offers of several). We finally found the house that has the beauty and charm we have been looking for. Our plan to grow old in this home and stay for many years however the layout doesn't have a main level master suite which is what we are looking to add to we can stay in the house as long as possible. Which leads us to this variance request. In preparation for this variance request, we have had a pre -planning meeting with the Stillwater planning department (Abbi and Erik). Also, they have physically reviewed the shed on our property and given approval for that to be removed which has a positive impact on the spacing on the property. We are requesting a variance for structural coverage and hard surface coverage. This may sound like a lot but when it boils down to the numbers, we are essentially asking for a 72 square foot variance of the combined 50% coverage (25% structural and 25% impervious surface). What we propose is in harmony with the general purpose and intent of the chapter and consistent with the comprehensive plan. We believe there are "Particular difficulties" with our property, thus we are seeking a slight variance. (i) We will continue to use the property as in is intended and its zoned use as a single-family home. (ii) We feel our plight is due to circumstances unique to the property and have not been created by us. n The property is much smaller than many of the surrounding properties. The rear lot line is not as deep nor as wide as the neighbor to the north which makes our total lot size smaller with Tess buildable area. • Due to not having an alley or other street access like several of the other lots on the block we propose a new driveway and garage which will add greatly to character of the block and neighborhood. Additionally, we understand that at some point in time the garage units belonged to our property but were either gifted or sold to our neighboring property. if this variance is granted as requested it would prevent a hardship on the neighbor to the north. Sometime in the past there must have been a previous variance (or maybe not) to allow for a garage to be built outside the building and zoning codes, as there is a three -stall garage (one stall on our property and two on the neighbors) with no separation or property line setbacks. If this variance is not ranted as re uested we would need to tear down our stall to gain the square feet needed for our own garage. In doing this the neighbor would be resraonsible to rebuilding his ,garage and possible expenses to reconfiguring; a concrete driveway. • Approving this variance would allow us to replace all of the old knob and tube electrical wiring which we have read is a fire hazard and our electrician has confirmed, • This project also allows us to rebuild the under kitchen and bathroom crawl space where we are annually experiencing frozen water pipes and cold flooring and energy inefficiencies. (iii) The variance, if granted, will not alter the essential character of the neighborhood in a negative fashion. Just the opposite will happen. We will build the addition and garage to match the original house as it was built in 1910 and remove the Tess desirable steel siding and other exterior non-1910 era features that have been added over time. In closing, a variance for our project as designed would add great value to the neighborhood and alleviate a costly hardship on the neighbor to the north. Additionally, it will make the home and property more useful and attractive for generations. We want to invest in the great community of Stillwater. Thank you for your review and partnership, Sha\ie and Michelle Quinn fllwater r is - H, R T H PLACE OF- MINNESOTA PLANNING REPORT MEMO DATE: HEARING DATES: LANDOWNER: DEVELOPER: March 9, 2018 Planning Commission Park Commission Joint Planning Board City Council CASE NO.: 2018-09 March 14, 2018 March 26, 2018 March 19, 2018 April 3 and 17, 2018 Kevin von Riedel, Westridge Development, LLC Kevin von Riedel, Westridge Development, LLC CIVIL ENGINEER: AMI Consulting Engineers REQUEST: 1) Rezoning from AP, Agricultural Preserve to RA, Single Family 2) Preliminary Plat approval of Boutwell Farm, a 10 lot Single Family Residential Subdivision LOCATION: 12588 Boutwell Road COMPREHENSIVE PLAN: Low Density Residential ZONING: REVIEWED BY: Base Zoning: AP, Agricultural Preservation Overlay Zoning: Shoreland District for Brown's Creek Tributary Shawn Sanders, City Engineer; Abbi Wittman, City Planner; Tom Ballis, Assistant Fire Chief; Jenn Sorensen, DNR Area Hydrologist; Karen Kill, Administrator, Brown's Creek Watershed District REPORT BY: Bill Turnblad, Community Development Director BACKGROUND Kevin von Riedel, Westridge Development, LLC, plans to develop a property of about 4.9 acres at 12588 Boutwell Road. The property includes the farm house originally owned by Reverend Boutwell. The house and a granary will be saved. The preliminary plat for the project, to be known as Boutwell Farm, shows 10 single family lots that are requested to be zoned RA, Single Family Residential. Boutwell Farm Road will be constructed to service the ten lots. The road will temporarily have access to Boutwell Road via an easement encumbering Lot 10. When the Erickson property Boutwell Farm March 9, 2018 Page 2 develops immediately to the east, Boutwell Farm Road will be extended through their property and intersect with Boutwell Road in alignment with Minar Avenue. At that time, the temporary connection will be removed. The 40 foot wide temporary road easement will be vacated then, but a 30 foot wide utility easement will remain in place for public utilities that will be located there. Temporary Road Alignment SPECIFIC REQUEST In order to develop the property as proposed, the applicant has requested approval of the following: 1. Rezoning of the property to RA, Single Family Residential 2. Preliminary Plat known as Boutwell Farm for 10 single family lots EVALUATION OF REQUEST I. REZONING Westridge Development requests the property to be rezoned from AP, Agricultural Preservation to RA, Single Family Residential. The requested zoning is consistent with the Comprehensive Plan, which guides development of the site as Low Density Residential. The Zoning Districts that are consistent with the Low Density Residential classification are: RA, LR, TR and CTR. Boutwell Farm March 9, 2018 Page 3 II. PRELIMINARY PLAT The 4.88 acre parcel1 is proposed to be subdivided into 10 single family lots. A. Minimum Dimensional Standards: RA District Standard Min. requirement Proposed Lot area 10,000 sf 10,326 — 35,281 sf Lot width' 75' 75 — 120' Lot depth3 100' 100.7 — 220 Lot frontage on public road 25' 35.8' minimum Front setback 30' 30' Side setback4 10' 10' Rear yard setback 25' 40' minimum Maximum lot coverage 30% TBD Maximum lot coverage in shoreland districts 25% TBD The planned five foot side yard setbacks on the garage sides of the homes are acceptable only if there is no living space above the garages. If there is living space above the garage, then the side yard setback must increase to ten feet. The east side yard setback for Lot 10 is a concern. Until the neighboring property to the east develops and the temporary road is relocated, the house on Lot 10 looks to be only two feet from the sidewalk. The developer agrees to rearrange the lot lines of the other lots to provide a 30 foot setback from the temporary road to the foundation of the house on Lot 10. This would allow for a 25 foot separation from sidewalk to house. The rearrangement of lot lines will need to be completed on the plan set prior to City Council consideration of the preliminary plat. Lots 4-7 are in the shoreland overlay district, where a maximum of 25 % coverage is allowed. (Refer to the map on next page.) The rest of the lots may have a coverage of 30%. The size of the building envelopes and driveways shown in the plans exceed the allowed impervious cover on Lots 1-4. When the building permits are issued for these lots, the actual impervious coverage will not be allowed to exceed the permissible coverages. B. Shoreland Overlay District Standards Since the property lies within the shoreland overlay district for a tributary of Brown's Creek, the following shoreland standards need to be met (in addition to the coverage standard discussed above): • 150' setback from creek for structures [represented by red line in map below] o This setback does not impact any building pads • 40' setback from top of bluff for structures o There appears to be no shoreland bluffs on or near the property. 1 4.43 acres without the 19,808 square feet in Boutwell Road right-of-way. 2 Width is measured between side lot lines at right angles to lot depth at a point midway between front and rear lot lines 3 Average distance between front and rear lot lines. 4 10' required for house, 5' for the attached garage, if there is no living space above the garage. If there is, 10' required for garage as well. 5 Lots 4 — 7 are in the shoreland overlay district. Boutwell Farm March 9, 2018 Page 4 • 100' no disturbance buffer from centerline of creek. [This is slightly different than the wetland buffer required by Brown's Creek Watershed District. Details of this are provided later under environmental comments.] o No grading or building is proposed within this setback area. Shoreland Overlay District and Related Setbacks lot 4 Lot 3 Let. 2 Lot 1 \. Lot 5 --//r" Il Lot 7 Shoreland Overlay District tiamt4browns creek egad.ribs 100 foot no -disturbance line giCreek setback. Eine Shoreland District Stenderd wetland beet C. Civil Engineering 1. The permanent segment of Boutwell Farm Road must be a minimum of 28 feet wide, face of curb to face of curb. The temporary segment will need to be a minimum of 24 feet wide, face to face. 2. The sidewalk will need to be shifted to the edge of the right-of-way to create a grass boulevard between the back of the street curb and the edge of the sidewalk. 3. All of the preliminary civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to release of the final plat from City offices for filing with Washington County. 4. All electrical and communication utility lines are required to be buried. 5. Development Impact Fees The developer will be responsible for paying development impact fees based upon the net developable acreage of the project. The property's gross acreage is 4.882 acres (212,667 square feet). The 19,808 square feet within the Boutwell Road right-of-way can be subtracted Boutwell Farm March 9, 2018 Page 5 from the gross acreage. That yields 192,859 square feet, or 4.427 acres. In addition, the wetland buffer area (which is not allowed to be graded) is considered non -developable and can be subtracted from the developable acreage. If only the 100 foot no -disturbance area required by the shoreland regulations is considered wetland buffer, then 2,031 square feet of buffer can be subtracted from the developable acreage, for a total of 190,828 sf of developable land, or 4.381 acres. (The actual wetland buffer will need to be verified by Brown's Creek Watershed District, as it will likely be larger than the 100 foot no -disturbance area.) The following development impact fees will be due prior to release of the final plat for recording with Washington County. a. Trout Stream Mitigation Fee of $6,100 per acre. i. Credit can be given for the existing house on Lot 7. The lot has 35,281 square feet (0.810 acres), so assuming 4.381 acres of developable property, only 3.571 net acres would be required to pay this fee. Therefore, a total of $21,783.10 would be due for the Trout Stream Mitigation Fee. b. Transportation Mitigation Fee of $8,379 per acre. i. Credit can be given for the existing house on Lot 7. The lot has 35,281 square feet (0.810 acres), so assuming 4.381 acres of developable property, only 3.571 net acres would be required to pay this fee. Therefore a total of $29,921.41 would be due for the Transportation Mitigation Fee. c. The trunk sewer and water fees of $17,481 per acre. No credit given for existing home, since it is on a private well and septic system. So, again assuming the developable acreage to be 4.381 acres, the fee would be $76,584.26. D. Tree Preservation & Landscaping Two applicable development standards exist for trees: 1) street trees and 2) tree preservation. 1) Street Trees The subdivision code requires an average of three trees per lot along the street, though they are to be planted outside of the platted right-of-way6. A total of 30 of these trees will be required. 2) Tree preservation a. Within the shoreland overlay district, trees may not generally be removed on 12% slopes or greater. There is a pocket of 12% slopes on Lot 6. But, no trees that lie on the 12% slope will be felled. b. The City's environmental ordinances allow 35 % of the tree stock to be taken down on the property without triggering a replacement requirement. Since 72.9% is being removed, replacement will be required. i. One tree is required for each significant tree removed beyond the 35% threshold. 6 City Code Ch 32, Subd. 6(3)q Boutwell Farm March 9, 2018 Page 6 ii. 85 significant trees with fair or good health exist on the site. 35% of the 85 significant trees equals 30 trees that could be removed without requiring replacement. 62 trees have been identified for removal. Therefore, 32 replacement trees will be required. 3) Total new trees required a. Adding the 32 replacement trees and the 30 street trees equals a total of 62 trees that need to be planted on the project. b. The submitted landscaping plan does not include a planting schedule, so the actual number of trees to be planted is not apparent. The landscaping plan will need to be revised to include this information before the City Council considers the project. c. The developer proposes that the builder will plant the street trees. To guarantee that this will be done, the developer will be required to escrow the cost of the trees prior to release of the final plat. When the City is satisfied that they have been planted properly on a lot, the escrow amount for those trees will be released to the developer. E. Environmental Issues Wetlands - A wetland delineation has been ordered, but cannot be completed until springtime. This has an effect on several development elements. The first is that the wetland buffer required by Brown's Creek Watershed District rules is measured from the creek or its delineated wetland edge, if a wetland exists. No grading or development activity can occur within this buffer. Not only will this determination set the grading limits for the project, but will determine the net developable acreage for the site. This is important because the development impact fees are paid only on the net developable acres. Therefore, the wetland delineation must be submitted together with the final plat application materials. BCWD - A grading permit will be required from the Brown's Creek Watershed District. F. Historic Preservation Issues The project includes plans to save and restore the existing farm house, commonly referred to as the Reverend Boutwell House. The fenestration and exterior elements of the farm house will be protected with a facade easement. The house will remain where it is and the property around it will be platted as Lot 7. There are five outbuildings associated with the former farmstead. Plans are to demolish the existing cement stave silo and three other outbuilding. An existing 20' x 30' granary will be relocated to Lot 7 with the farm house. The silo and three outbuildings to be demolished are not considered historic resources because they were either built after January 1,1946 or are in such disrepair as require demolition. Boutwell Farm March 9, 2018 Page 7 G. Park & Trail Dedication The Comprehensive Plari s park element shows no planned parks or trails on or through the property. Therefore, standard practice would be to require a fee in lieu of land or improvements. The Park Commission is scheduled to review the plans on March 26, 2018. If the Park Commission recommends requiring fees in lieu of land or improvements, then park and trail fees will be due on 9 of the 10 lots. The existing home is exempt. The park fee for a single family home is $2,000 and the trail fee is $500. Therefore, $22,500 would be due for the park and trail fees at the time the final plat is released for recording with Washington County. III. FUTURE DEVELOPMENT Subdivision Code Section 32-1, Subd 5 (8)(c) Streets, requires "provisions for future [street] extensions or connections to adjacent land". And in Section 32-1, Subd 6 (2)(d) the code states that "proposed subdivisions must be coordinated with existing nearby .... neighborhoods so that the community as a whole may develop harmoniously". To that end, a potential future street layout has been offered by the developer, as seen in the map below. The temporary road connection to Boutwell Road will eventually be Neighborhood Map Neighborhood Map FMTemp road easement _ Road Future road Sidewalk Boutwell Trail Boutwell Faun lots J I Building envelopes Boutwell Farm March 9, 2018 Page 8 removed and relocated on the neighboring property. To cover the costs of the removal, an escrow will be required of the developer of Boutwell Farm. The location of the future road creates a four -legged intersection that is desirable. It also allows for the platting of about 7 lots on the Erickson property. To most efficiently develop the Erickson property, the existing home would have to be rotated and a new basement constructed. ACTION REQUESTED The Planning Commission is requested to review and make a recommendation to the City Council on the rezoning and preliminary plat. RECOMMENDATION City staff recommends approval of the preliminary plat, and rezoning with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: • Preliminary Plat Sheet SV1.1 Dated 2/12/18 • Site Plan Sheet C2.0 Dated 2/14/18 • Site Plan Road Profile Sheet C2.1 Dated 2/14/18 • Grading Plan Sheet C3.0 Dated 2/14/18 • Utility Plan Sheet C4.0 Dated 2/14/18 • Stormwater Utility Plan Sheet C5.0 Dated 2/14/18 • SWPPP Sheet C6.0 Dated 2/14/18 • Tree Pres and Protection Plan Sheet EX-3A Dated 2/14/18 • Tree Replacement Plat Sheet EX-4 Dated 2/17/18 2. All civil engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction, prior to release of the final plat from City Offices for filing with Washington County. 3. The permanent segment of Boutwell Farm Road must be a minimum of 28 feet wide, face of curb to face of curb. The temporary segment will need to be a minimum of 24 feet wide, face to face. 4. The sidewalk will need to be shifted to the edge of the right-of-way to create a grass boulevard between the back of the street curb and the edge of the sidewalk. 5. An escrow for removal of the temporary street connection to Boutwell Road, in an amount found satisfactory to the City Engineer, shall be deposited with the City prior to release of the final plat for recording with Washington County. 6. A Development Agreement found satisfactory to the City Attorney and City Engineer must be approved by the City Council prior to commencing any tree removal or grading on the site, and prior to holding a pre -construction meeting with the City Engineer for the project. Boutwell Farm March 9, 2018 Page 9 cc 7. The developer shall submit a grading permit application to Brown's Creek Watershed District, and the permit must be issued prior to submitting the application to the City for the final plat. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 8. A total of $22,500 shall be paid to the City for park and trail dedication fees. These fees shall be submitted to the City prior to release of the final plat for filing with the County. 9. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 10. The Developer will be responsible for paying the Trout Stream Mitigation Fee of $6,100 per developable acre; the Transportation Mitigation Fee of $8,379 per developable acre; and trunk sewer and water fees of $17,481 per developable acre. These fees will be due prior to release of the final plat for recording with Washington County. If the Developer desires to have a neighborhood entrance monument for the subdivision, plans for it must be included within the final plat application materials. Otherwise, such a sign will not be permitted in the future. 12. Prior to consideration of the preliminary plat by the City Council, the lot lines must be rearranged to allow for a 30 foot setback of the house on Lot 10 for the back of the temporary road curb. A 25 foot separation between the house and the sidewalk should also be provided. 13. Sixty-two code compliant trees must be replanted on the project site. The landscaping plan must be revised to show the placement of all of these trees prior to City Council consideration of the preliminary plat. 14. The developer proposes that the builder will plant the street trees. To guarantee that this will be done, the developer will be required to escrow the cost of the trees prior to release of the final plat. When the City is satisfied that they have been planted properly on a lot, the escrow amount for those trees will be released to the developer. 15. Materials may not be stored in the critical root zone of trees to be saved, nor may equipment or materials be leaned or stacked against trunks of trees identified to be saved. 16. A wetland delineation report must be submitted together with the final plat application materials. And the delineated wetland edge must be included on the site plan. 17. The rezoning of the property will not become effective until the City Council approves the final plat for the property. 11. Kevin von Riedel Attachments: Zoning Map Development Plans bt :TOINIFIrtt „7. 7760 '7"' trAlaistv imita, Ea.mor ova., alaII fr Einnegenal •40.64, - mum vino, ,4644 4_211INIFIBOEMEMIGIEW NEMINIBrilyip 44 rpm' etv i a Irtee ., .t? ItirrtginerVtglatitelt --11 aneihrOl oforrtjltirtienanet ui 0 OM ip ifiv 010081-44l* 7 ler •644 444 094,1friee mi 0* 00 nites°0 tfro 0 $ 01, NI, Al. . ei IZP. $70,Sit., 441 O. -w. it a IN dibilm. . ft, Emmen MERE ZOE Ft Mr! till • int err: sinaccisi IMINEler BOBlir A reel 6.24:4 411 sm 541:44 w m Zoning April 2015 N 990 495 0 990 Feet 1,980 District AP: Agricultural Preservation LR: Lakeshore Residential ec? CTR: Cove Traditional Residential G' RA: One Family Residential TR: Traditional Residential CCR: Cove Cottage Residential RB: Two Family Residential 61 CR: Cottage Residential • TH: Townhouse CTHR: Cove Townhouse Residential 41 RCM: Medium Density Residential RCH: High Density Residential CBD: Central Business District 4' VC: Village Commercial I' CA: General Commercial BPC: Business Park Commercial BPO: Business Park Office C,- BPI: Business Park Industrial ▪ CRD: Campus Research Development de PA: Public Administration PWF: Public Works Facility PROS: Parks, Recreation and Open Space Urban Features 44, Municipal Boundary Road Centerline ROW Surface Water Lakes Rivers SAPIenningIGIS zon.g12015Voning_2(115.m. COPYRIGHT AMI CONSULTING ENGINEERS P.A. : 2006 2/9/2018 9:12 AM Z:\2017\171390 Boutwell Farm\6_Plans & Specs\a. Current Set - Not Submitted \2018.02.14 - prel submittal\SV-1.1 - PRELIMINARY -PLAT - 2-13-2018.dwg N 40 80 <,‘/. SCALE IN FEET I / I �] / / / LEGEND SETTLERS Propserty Recreation Zoned: and PROS: Parks, OUTLOT Open Space GLEN A 5TH I / IBrett Ellingson / 8170 Morgan Ave. N / st�llw°ter, MN IPID No. 1903020430024 / / on Capatina 8160 Morgan Ave. N. Property Traditional / / 2 / A 6 / [� / J 4 Zo ed: CTR: Cove / oesidential / D D I T I I I 0 I I N • Found Monument • Set 1/2 inch X 14 inch iron pipe marked RLS No. 17765 o Soil boring SURVEYOR NOTES I / Stillwater, MN / PID No. 1903020430023 / I North line 1.) The Property Identification Number is: 19-030-20-43-0029. per mlonumentatZn City of Stillwater / 216 4th St.N. � Stillwater, MN o ° / • PID No. 1903020430014 \ 8 9' of Settlers 1 L 9 1 Glenn 5th Addition John Polley 8150 Morgan Ave. N. 9 / Jeanie Rosenberg TRS Stillwater, MN / 8140 Morgan Ave. N. I PID No. 1903020430022 0 "W Stillwater, gMN Robert McDowell PID No. 1903020430021 8130 Morgan Ave. N. / / I Stillwater, MN PID No. 1903020430020 2.) For the purpose of this survey the basis of the shown bearings are based on the South line of SETTLERS GLEN 5TH ADDITION which is assumed to bear North 89 degrees 14 minutes 15 seconds West. g 4.) The benchmark used for this survey is: National Geodetic Survey Monument designated as SUTHERLAND, PID No. D05550, the monument is located 149.0 feet East of North Second Street and on line with Cherry Street Extended, at Park the South edge of Pioneer incityof HorizontalStillwater:Control Disk adjusted elevation 795.86feet. g water: of (NAVD 88) 5.) The property address is: 12588 Boutwell Road, Stillwater, MN 55082 // I 235.87 6.) Per the National Wetland Inventory Map a _ 85.00 92 87 S \ 2 / 0.6 V (� S 8.42 cy,85.00 `-34.53 ° co CD � OCr o° o `V `,, / ��° 16 76 50.75 9,75 N #5 �� ZONING INFORMATION SO' easement o OO \ & utility E / 10 ft. wide Drainage o 7 Drainage 'Po ti 1.) The property is CURRENTLY zoned AP - Agricultural Preservation, per city of Stillwater zoning map dated July, 2017. (v 2.) The PROPOSED for the is RA, family district. N & utility easement / o w o L3 0 w 0 1 o zoning subject property one PROPOSED SETBACKS PER CITY copy o SA 4 &o v. o L� ° OF STILLWATER / )0 / / -' �� o/ ,�F \/ - 5o / 35 .7 5 _ z 63� r'n z 04 a.) Front Yard: 30 feet b.) Interior side yard: 10 feet c.) Corner side yard: 30 feet d.) Rear yard: 25 feet / / Prosuerty Zoned: PROS: Parks / 889° 2' /2719W /�� o O \ Recreation and Open Space o \ I PROPOSED DRAINAGE AND UTILITY EASEMENTS 2C� 0 o 0 0 35.57 0 I 85.00 9 4.58• Proposed drainage and utility easements are 5 feet in width along side lot lines and 10 feet in width along the fronts and rear E - 1 1 1.72 ��0�� lot lines, indicated #�� unless otherwise on the plat. Stillwater I O C) E City of (BLDC 216 4th St. N. C2 Stillwater, N r1903020430014 /�� 04 BOUTWELL < 270,00 'N NI 0 AREAS B / I I �) FARM - - ° ' ) BLDG B 9 I C ) i6 ROAD ��o A89° 1 1 00 �v 0 00 on E of o �0 o I \� Viao ° in Q / °�' • nl �� O a9 Julie Erickson Q- 12744 Boutwell Rd. N. EXISTING AREA: Subject property contains 212,667 sq. ft. or 4.88 acres. Minus right of way for Boutwell Road the subject property contains 192,859 sq. ft. or 4.43 acres. o B LD V 7 1 .5 i 0 . / ( 61 I 80.0 0 114.23 CD Stillwater, MN 'r PID Na. 1903020430003 PROPOSED AREAS AREAS FOLLOWS: N �/ I D9, 5� 'F" 30 `~ Lot 1 = 12,718 sq. ft. / O� S c�/ Og I/ LDG _ o � Property Zoned: AP: y Lot 2 = 11,527 sq. ft. Lot 3 = 10,326 sq. ft. 1 o 14 1 I ���/��� � _ 10Q rOk _ Agricutural Preservation ° 0 Do wLot Lot4 = 11,916sq.ft. Lot5 = 22,136sq.ft. 6 = 24,914 sq. ft. /i 81___------ -----,\5`9� �o. 5 / i i �g Existing / Boutwell BLDG o 8 N L w o1 9 CS)0 �n vide tem s easerr 49.24 9 5 Q= Q 7, = ., -0 +, Lot 7 = 35,281 sq. ft. Lot8 11,879 sq. ft. Lot 9 = 12,746 sq. ft. Lot 10 = 17,517 sq. ft. 4 Home to be \ CO Renovated and / Remain,o Q� BLDG "A" o� b" /moo ^� /� �. (� ( South ine SW1o4 c� o z 7g.5� _ _�/ � 0.65 #2 o z 740.28 - ° unlit Drainage &, �``O° �9 0=4 34 20 >>9 O 140.28 - easemento 0 �L=3°07'48" 1 1 6.32°J o , u, o 30 _ - C cn o 9 c \<,/•-_ c, 00 TOTAL LOT AREA = 170,960 sq. ft. or 3.92 Acres Area of Temporary Access Easement = 5,980 sq. ft. or 0.14 Acres Lots per acre including Boutrwell Farm Road and Excluding Bouthwell Road = 0.44 Minimum lot size = 10,326 sq. ft. Average lot size = 17,096 s ft. g q of CO \ of Sec. 19 10 -2°4140 35.92 60.95 135.71 , -D. �I 42'g5 96.88 ROAD ��° 39' 07" 33-41 �� 99 412� - A ' 17 s89° L 1' 1 2>9_ R2096.19 1 41 PROPERTY DESCRIPTION ,"D R471.53 BOUTWELL L _9 3 . g R,730,8 � L=133.71 I A- 3° 39' 1 9, , R-2096.19 .84 ROAD n 04 All that part of the West half of the Southeast Quarter of Section 19 and all that part of the West half of the Northeast Quarter of Section 30 all in Township 30, Range 20, Washington County, Minnesota 8 4. BOUT>�E _ Q oo' 4� E-7�1 6_ LLL=296.89 g�� \ Jeffrey Pratt which lies northerly of the centerline of Boutwell Road North and which lies southerly of SETTLERS GELN 5TH ADDITION, according to sad plat on file and of record in the office of the County Recorder in and for Washington County, Minnesota and which lies easterly of the following described line; •VICINITYMAP R-504.53 and sur\leys N. 7960a Meinar Aver, commencing at the Northwest corner of the South 11.00 acres of the West half of said Southeast 96) el puts HWY. NO N. Road p MN. PID No. 3003020120002 Quarter; thence on an assumed bearing of South 89 degrees 14 minutes 15 seconds East, along the z Lv Q z Q (STATE oEULWooD RD �' o z N\rx ��� e �� Q ROww' S ��CREEK CO. RD. NO. 64 MCKUSICK Propperty Zoned: PROS: Parks, Z Recreation and Open Space 9-33 57 City of Stillwater 216 4th St. N. Stillwater, MN PID Na. 3003020120001 �_ Centerline of goutwe�� I Property Zoned: AP: Agriculture] Preservation North line of said South 11.00 acres, a distance of 509.10 feet to the point of beginning of the line to be described; thence South 17 degrees 35 minutes 43 seconds West a distance of 62.89 feet; thence South 10 degrees 45 minutes 52 seconds West a distance of 237.26 feet; thence South 27 degrees 25 minutes 46 seconds West a distance of 82.83 feet to the centerline of Boutwell Road and said line there terminating. The North end of the previously described line is to be lengthened or shortened to terminate at the South line of said SETTLERS GLEN 5TH ADDITIION. EXCEPT the East 330.00 feet thereof. -j NOTTO `"/ RD. N. vv \N Rq� AS cRE „ �Ac\\ Q z EXISTING BUILDINGS SCALE 5 "A" (80TH ST N) BOUTWELL RD 30 N S SEC.'s 19 & 30, TWP. WASHINGTON COUNTY, SITE 30, RNG. 20, MN Building = Boutwell Home (to be renovated and remain) Building "B" = Out Building (to be renovated and moved to proposed lot 7) Building "C" Out Building (to be removed) Building "D" = Garage (to be removed) Building "E" = Concrete Silo (to be removed) Building "F" = Barn (to be removed) A#1A m Consulting Engineers P.A. 3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA NAME: Ronald P. Alwin SIGNATURE: DATE: 02/13/2018 Lc. No: 17765 REV. BY: DESCRIPTION w DATE: SOVEREIGN LAND SERVICES Kevin von Riedel 612-214-3993 JARY PLAT _L FARM JOB No:171390 DATE: 02/12/2018 DRAWN BY: RPA DESIGNED BY: SHEET: S V 1 • COPYRIGHT AMI CONSULTING ENGINEERS P.A. : 2006 2017\171390 boutwell farm \7_CAD\171390-EX COND.dwg 5/17/2017 2:09 PM / / / / / / / / / / / I I / / 3184 888.2 TRD-J3649 / z / / Pb 6 � 31 78 RD-36R,.76 TRD-3637 I �I ' J I / / / / / / I \5 6 3255 / 95.1 3260 / 8.21RD 6 8.31 TP. 363�� ""�i 33 \ TR3 37 \ \ \ \\\\ 3254 \ \ \\F6\ \ / - 630 \ \ \ / \ 7' \ 3186 TRD-3650 =1 / / / I / RIM: 889.28 INV: 884.11 / \ \ \ \ / \ 8832/ 9.56 1 I TRD�362\ 1 1 1 1 8958 \RD -3625 \ \ ,r�UK�H 88, 44 s 6\ J4\/ " 2 3189 TRD-3653 10 FT H/JPTH 1891 .45 TRD-3652 - 10 FT NORTH / 3181 93.65 TRD y 646 / ON GENERAL SITE DEMOLITION AND CLEARING NOTES: CONTRACTOR SHALL COORDINATE LIMITS OF REMOVALS WITH PROPOSED IMPROVEMENTS AND SHALL BE RESPONSIBLE FOR PROTECTING EXISTING SITE FEATURES (STRUCTURES, CURBS, WALKS, PAVEMENTS, UTILITIES, SIGNAGE, FENCES, ETC.) WHICH ARE TO REMAIN. REPAIR OR REPLACE, TO OWNER'S SATISFACTION, ANY DAMAGE TO EXISTING PROPERTY OR SITE FEATURES WHICH ARE TO REMAIN, AT NO ADDITIONAL COST. 2. COORDINATE DISRUPTION OF UTILITY SERVICES WITH THE OWNER'S PROJECT REPRESENTATIVE AND UTILITY OWNER, PUBLIC OR PRIVATE. CONTRACTOR TO PROVIDE TEMPORARY UTILITIES AS NECESSARY TO MAINTAIN BUILDING SERVICES. 3. THE OWNER'S ACTIVITIES MAY CONTINUE ON THE SITE DURING CONSTRUCTION. THE CONTRACTOR SHALL COORDINATE SEQUENCE OF WORK WITH THE OWNER. 4. CONTRACTOR TO PROVIDE AND MAINTAIN FOR TEMPORARY FENCING AND PROTECTION REQUIREMENTS TO PROTECT PEDESTRIANS, VEHICLES, AND COMPLETED WORK FROM HARM/DAMAGE 5. PRIOR TO START OF ANY WORK, ALL EROSION AND SEDIMENT CONTROL PROTECTION MEASURES SHALL BE IN PLACE. SEE EROSION CONTROL PLAN OR SWPPP FOR DETAILS. 6. CONTRACTOR SHALL PRESERVE ALL VEGETATION NOT TO BE REMOVED BY CONSTRUCTION. CONTRACTOR SHALL BE RESPONSIBLE FOR RE -SEEDING OR SODDING AREAS DISTURBED BY CONSTRUCTION, 6 3164 900.81 8 -3616 R��8 3169 898/44 3197 897.01 TRD-3700 L / 3241� 900.67 TRD-3704 3162 )901.07 G 1� TRD-3615 6 12 Q I 3239 896.38 TRD-3703 6 11 4-7 SOUTH 3195 897.07 TRD-3658 320 89 .92 TRD3 93- - - 8 3 35 E= ;� O .d9 1-4 T3 4 / 96 3230 966.33 /8D-3693 898.06 TRD-3691 32-69- 6 45§90 Pry- §Ogo OH 3236 899.96 TRD-3 88 897.67 0H 7. CLEARLY IDENTIFY AND LABEL EACH TREE THAT IS TO REMAIN PRIOR TO STARTING SITE CLEARING. CONTACT OWNER'S PROJECT REPRESENTATIVE FOR SITE INSPECTION AFTER ALL "TO REMAIN" TREES HAVE BEEN IDENTIFIED. TREES THAT ARE TO BE PROTECTED SHALL HAVE TEMPORARY FENCING PLACED AT THE DRIP LINE AROUND EACH TREE. 8. STOCKPILE TOPSOIL FOR REUSE ON SITE. VERIFY THE STRIPPED TOPSOIL MEETS SPECIFICATIONS FOR THE PROPOSED USE. VERIFY THE AMOUNT OF TOPSOIL NEEDED AND REMOVE EXCESS FROM SITE. 9. ALL MATERIAL REMOVED SHALL BE DISPOSED OF OFF -SITE AND IN A LEGAL MANNER. 10. MATERIAL TO BE SALVAGED FOR REUSE BY OWNER SHALL BE REMOVED UNDAMAGED IN USABLE CONDITION. TEMPORARY PROTECTED STORAGE ON -SITE MAY BE REQUIRED. 11. ON -SITE BROKERAGE OF MATERIALS SALVAGED BY CONTRACTOR FROM MATERIALS TO BE REMOVED IS NOT PERMITTED WITHOUT PRIOR OWNER APPROVAL. 12. LOCATION AND ELEVATIONS OF IMPROVEMENTS TO BE MET (OR AVOIDED) SHALL BE CONFIRMED BY THE CONTRACTOR THROUGH FIELD EXPLORATIONS PRIOR TO CONSTRUCTION. CONTRACTOR SHALL REPORT TO THE ENGINEER ANY DISCREPANCIES BETWEEN THEIR MEASUREMENTS AND THESE PLANS. CONTRACTOR SHALL ALSO MAKE EXPLORATION EXCAVATIONS AND LOCATE EXISTING UNDERGROUND UTILITIES SUFFICIENTLY AHEAD OF CONSTRUCTION TO PERMIT REVISIONS TO PLANS IF REVISIONS ARE NECESSARY BECAUSE OF ACTUAL LOCATION OF EXISTING FACILITIES, CONTRACTOR IS REQUIRED TO TAKE PRECAUTIONARY MEASURES TO PROTECT THE UTILITY LINES SHOWN AND ANY OTHER EXISTING LINES NOT OF RECORD OR NOT SHOWN ON THESE PLANS. OH 2 893.22 TRD-3667 r 3224 899.74 TRD-3698 3225 899.20 TRD-3697 OH 3237 899.31 TRD-3687 0H 3206 891.69 TRD-3669 09 3 77fi0 t 40 00 4/TH 3211 32v ; 892.58 8 367 32 TR 32 Z - 15 892.44 TRD- 3674 FT SOUTH - 20 FT SOUTH -3 1E5 FT SOUTH 8 5.29 TI'D-3677 89511-46 D-3680 X-2 M7,46 TRD=3682 = 20 FT NORTH I I 3244 898.7 TRD- 684 324 899.38 32TRI -3685 899.53 TRD-3686< OH KEY NOTES 2 3 4 5 6 7 8 9 10 11 12 \ OH 3245 899.09 TRD-3683 - 20 FT SOUTH OH / OH RIM: 894.34 INV: 891.59 REMOVE BITUMINOUS PAVEMENT PROTECT EXISTING HOUSE REMOVE RETAINING WALL REMOVE BUILDNG OR STRUCTURE REMOVE PAVEMENT AND CURB AND GUTTER FOR ROAD OR UTILITY INSTALLATION. REPLACE PAVEMENT AND CURB IN KIND PER CITY STANDARDS. PROTECT EXISTING UTILITIES TO REMAN PROTECT EXISTING PAVEMENT, CURB AND GUTTER SIGN OR OTHER SITE FEATURES TO REMAIN REMOVE EXISTING DRIVEWAY SURFACE RELOCATE EXISTING GRAINERY BUILDING, SEE SITE PLAN FOR LOCATION. REMOVE EXISTING UTILITIES REMOVE FENCE RELOCATE POWER POLE RIM: 894.1 INV: 875.7 10' MAX POST SPACING DRIP LINE (VARIES) 30 60 SCALE IN FEET ORANGE CONSTRUCTION FENCE FENCE LOCATION (LIMITS OF CRITICAL ROOT ZONE) RADIUS = 1 FOOT PER INCH OF TRUNK DIAMETER STANDARD Know what's below. Call before you dig. CRITICAL ROOT ZONE 100 I TREE PROTECTION NOT TO SCALE SITE DEMOLITION LEGEND: TREE PROTECTION FENCE SAWCUT UTILITY PIPE REMOVAL FENCE REMOVAL CURB REMOVAL CONCRETE REMOVAL PAVEMENT REMOVAL TREE REMOVAL SITE FEATURE REMOVAL AS INDICATED TREE PROTECTION (SEE DETAIL 100) SOIL BORING LOCATION STATE LAW: 48 HOURS BEFORE EXCAVATING OR DEMOLISHING BUILDINGS, CALL 811 FOR FIELD LOCATION OF UNDERGROUND UTILITY LINES. THIS SERVICE LOCATES UTILITY OWNED LINES BUT NOT PRIVATE LINES. THE LOCATIONS OF UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED. THE EXACT LOCATION OF ALL UTILITIES (PUBLIC AND PRIVATE) MUST BE DETERMINED BEFORE COMMENCING WORK. \ Consulting Engineers P.A. �3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE ERTIFY THAT THIS PLAN, SPECIFICATION, (-- OR REP REPARED BY ME OR UNDER MY DIRECT THAT I AM A DULY LICE F F SION ER UNDER THE r 1 ,4 OF ` TriF INNES ME: Oj� /4/4/I�O �i' �ST�I� SIGNATURE: CTjON DATE:• REV. BY: DESCRIPTION DATE: BOUTWELL FARM BOUTWELL FARM, LLC BOUTWELL FARM ROAD STILLWATER, MINNESOTA EXISTING CONDITIONS JOB No:171390 DATE 02.14.2018 DRAWN BY: SEG DESIGNED BY: SEG SHEET: C 1 • 0 z 0 z 0 v 0 U 3 0 M 0 0 0 0 0 0 RIM: 889.3- . INV: 886.10 GENERAL GEOMETRIC AND PAVING NOTES: SITE DIMENSIONS SHOWN ON THIS PLAN SHALL BE USED FOR ALL LAYOUT WORK. CHECK ALL PLAN AND DETAIL DIMENSIONS. BUILDING AND SITE IMPROVEMENTS SHALL BE LAID OUT ON SITE BY A REGISTERED LAND SURVEYOR, OR A LICENSED ENGINEER. REFER TO ARCHITECTURAL PLANS FOR BUILDING LAYOUT, EXACT LOCATION AND DIMENSIONS OF STOOPS/EXITS, RAMPS AND TRUCK DOCKS AND PRECISE BUILDING DIMENSIONS. REFER TO SITE DEMOLITION PLAN FOR LIMITS OF PAVEMENT REMOVAL, IF APPLICABLE. ALL PAVING DIMENSIONS ARE TO FLOW LINE OF CURB UNLESS NOTED OTHERWISE. THE FLOW LINE OF CURB IS ASSUMED TO BE 8 INCHES FROM THE BACK OF CURB. MEET REQUIREMENTS OF LOCAL GOVERNING AUTHORITY FOR WORK WITHIN THE PUBLIC RIGHT OF WAY, INCLUDING TEMPORARY TRAFFIC CONTROL. A TRAFFIC CONTROL PLAN SHALL BE PROVIDED AND APPROVED BY THE CITY PRIOR TO BEGINNING WORK IN THE RIGHT OF WAY. ALL SIDEWALKS SHALL HAVE POSITIVE SLOPE AWAY FROM THE BUILDING. THE MAXIMUM CROSS SLOPE SHALL BE 2.0% AND THE MAXIMUM LONGITUDINAL SLOPE SHALL BE 5.0% UNLESS OTHERWISE SHOWN ON THE DRAWINGS. NO SLOPE IN ANY DIRECTION SHALL EXCEED 2% IN ACCESSIBLE PARKING AND LOADING AREAS. MATCH NEW AND EXISTING PAVEMENT SURFACES, SIDEWALKS AND CURBS AT SAWCUT LINES, ALLOWING NO PONDING OF WATER AT JOINTS. PROVIDE SMOOTH GRADE TRANSITION ACROSS NEW AND EXISTING JOINTS. ALLOW MINIMUM OF SEVEN DAYS CURE FOR CURB AND GUTTER PRIOR TO PAVING. 10. ALLOW MINIMUM OF 24 HOUR COOLING PRIOR TO ALLOWING TRAFFIC ON BITUMINOUS PAVING. 11. PROVIDE 4' TRANSITION OF B618 CURB AND GUTTER EITHER SIDE OF RECTANGULAR CATCH BASINS TO MATCH WIDTH OF CASTING. 5 - WO 3100 SO FT FFE:903.0 BFE:895.0 6 - WO 3100 SQ FT FFE:904.0 BFE:896.0 7 - EX 2400 SO FT 4 - WO 2550 SQ FT FFE:902.0 BFE:894.0 PROPERT LINE SIGNAGE AND MARKING NOTES: PROPERTY LINE 3 - WO 3000 SQ ET FFE:901 .20 BFE:893.20 8 - WO 2700 SQ FT FFE:903.75 BFE:895.75 1. ALL SIGNS SHALL BE IN ACCORDANCE WITH THE MN MUTCD, CURRENT VERSION. 2. SEE REGULATORY SIGN DETAIL FOR SIGN AND POST DETAILS AND SIGN DESIGNATION AND SIZE INFORMATION. 3. ACCESSIBLE PARKING SIGNS SHALL BE PER MINNESOTA MUTCD SIGN R7-8M, VAN ACCESSIBLE PARKING SIGNS PER R7-8BP WHERE INDICATED AS "VAN". SEE ACCESSIBLE SIGN AND POST DETAIL. 4. PROVIDE 4" WIDE SOLID WHITE STRIPING IN PARKING AREAS, UNLESS NOTED OTHERWISE. 5. PROVIDE PAVEMENT MARKINGS AND PAINT SYMBOLS AT ACCESSIBLE PARKING SPACES PER MN MUTCD, ADA AND LOCAL CODE. INEILTRAT ON BASIN 1 HWL 4./B90.86 BOTTOM: 887.50 10-0-1 -100=HW� 5 0 y--- 5.0 2 - WO 3400 SO FT FFE:901 .20 BFE:893.20 7 s 24.0 BOUTWELL FARM ROAD 5.0 -I 10.0 9 - WO 2600 SQ FT FFE: 903.75 BFE:895.75 86.5 �MH_0 1 - WO 3400 SQ FT FFE:901 .20 BFE:893.20 10 - WO 2600 SO FT FFE: 903.75 BFE:895.75 100-HWL 10.0 w 0 0 RIM: 894.34 INV: 891.5 RIM: 894.18 _ INV: 875.77 30 60 CIVIL SITE LEGEND: 0 n a a KEY NOTES 1 2 3 4 5 6 7 8 9 10 SCALE IN FEET ACCESSIBLE PARKING STALL (SEE DETAIL 239) SIGN BOLLARD PARKING STALL COUNT CONCRETE CURB AND GUTTER (SEE DETAIL 210) RIBBON (FLUSH) CONCRETE CURB (SEE DETAIL 212) RETAINING WALL (SEE DETAIL 280) ACCESSIBLE ROUTE PEDESTRIAN CROSSING PAVEMENT MARKING (SEE DETAIL 238) TRAFFIC ARROW PAVEMENT MARKING (SEE DETAIL 252) BITUMINOUS PAVEMENT (SEE DETAIL 200) CONCRETE (SIDEWALK OR PAVEMENT) (SEE DETAIL 204) BITUMINOUS PAVEMENT (SEE DETAIL 200) SURMOUNTABLE CURB (SEE DETAIL 217) TRANSITION B618 TO D412 CURB PROPOSED FIRE HYDRANT STOP SIGN (SEE DETAIL 243) PROPOSED BUILDABLE DRIVEWAY AREA. DRIVEWAY MUST MAINTAIN A MINIMUM 12 FEET AT RIGHT OF WAY. PROPOSED BUILDABLE AREA. MAX IMPERVIOUS AREA 30% OF LOT AREA. SEE ARCHITECTURAL FOR EXACT LOCATIONS AND DIMENSIONS OF DOORS, RAMPS, AND PRECISE BUILDING DIMENSIONS. SEE ARCHITECTURAL AND STRUCTURAL FOR STOOPS. PROPOSED BUILDABLE AREA. MAX IMPERVIOUS AREA 25% OF LOT AREA. SEE ARCHITECTURAL FOR EXACT LOCATIONS AND DIMENSIONS OF DOORS, RAMPS, AND PRECISE BUILDING DIMENSIONS. SEE ARCHITECTURAL AND STRUCTURAL FOR STOOPS. CONCRETE SIDEWALK (SEE DETAIL 204) STORM BMP EXISTING HOUSE AND RELOCATED GRAINERY BUILDING SITE DATA SITE/PARCEL SIZE 4.42 AC (192,668 SF) BUILDING AREA 19,785 SF (10.3% COVERAGE) IMPERVIOUS/PERVIOUS AREA 1.27 AC/3.15 AC LAND USE CLASSIFICATION RA: ONE FAMILY RESIDENTIAL CURRENT ZONING PROS: PARK, RECREATION, OR OPEN SPACE FLOOD ZONE CLASSIFCATION X Know what's below. Call before you dig. STATE LAW: 48 HOURS BEFORE EXCAVATING OR DEMOLISHING BUILDINGS, CALL 811 FOR FIELD LOCATION OF UNDERGROUND UTILITY LINES. THIS SERVICE LOCATES UTILITY OWNED LINES BUT NOT PRIVATE LINES. THE LOCATIONS OF UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED. THE EXACT LOCATION OF ALL UTILITIES (PUBLIC AND PRIVATE) MUST BE DETERMINED BEFORE COMMENCING WORK. \ Consulting Engineers P.A. �3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE ERTIFY THAT THIS PLAN, SPECIFICATION, OR REP REPARED BY ME OR UNDER MY DIRECT PERVI THAT I AM A DULY LICE SIONA ER UNDER THE gA ORF F� INNES 00 0/� ME: OO //I/ % /� SIGNATURE: C//ON DATE:• REV. BY: DESCRIPTION w DATE: BOUTWELL FARM BOUTWELL FARM, LLC BOUTWELL FARM ROAD STILLWATER, MINNESOTA SITE PLAN JOB No:171390 DATE: 02.14.2018 DRAWN BY: SEG DESIGNED BY: SEG SHEET: C2.O Z 0 z 0 6 0 U 0) a 0 0 0 0 0 U 0 I I D-1.2543 / I/ / / / / 'TRD / \ \ \ \ \ \ \ \ \ \ \ \ \ ) \RD 3625\ \ 3259.\. / V A v 8856 I I TRD5362� \ 316 I8'95 51 \ \ T�...D 3368 31 8V up 3186 TRD-3650 5_EL 3191 �. 00 TRD-3654 4 - WO 2550 SQ ET EEE:902.0 BEE:894.0 5 - WO 3100 SQ ET EEE:903.0 BEE:895.0 A FM 901 37 , 3260 �831 3 892.13 M: 889.3 \V: 886.10 889.28 INV: 8 7 EX 2400 30 ET 0H 893.71 894.50 498.69' 889.96 TRD-3R 7.flT 8 3 - WO 3000 SQ ET EEE:901 .20 BEE:893.20 8 - WO 2700 SQ FT FEE:903.75 BEE:895.75 894.50 OH OH (890.68 1 - WO 3400 SQ ET EEE:901 .20 BEE:893.20 W0 2600 SQ ET PPE: 903.75 BEE:895.75 0H *JH OH A IHTRATION BASIN 1 HWL: 890.86 BOTTOM: 887.50 2 - WO 3400 SQ ET EEE:901 .20 BEE:893.20 BOUTWELL FARM ROAD = 897.67 0H 9 - WO 2600 SQ ET FEE: 903.75 BEE:895.75 08 �\ H 0H RIM: 894.34 INV: 891.59 RIM INV 894.18 875.77-" N 30 60 GRADING LEGEND: • -(892) - -(895) SCALE IN FEET MANHOLE CATCHBASIN FLARED END SECTION FLOW ARROW SPOT ELEVATION PROPOSED MINOR CONTOUR PROPOSED MAJOR CONTOUR EXISTING MINOR CONTOUR EXISTING MAJOR CONTOUR TIP -OUT CURB AND GUTTER RIPRAP GENERAL GRADING AND DRAINAGE NOTES: ALL EROSION AND SEDIMENTATION CONTROL MEASURES SHALL BE IN PLACE BEFORE BEGINNING SITE GRADING ACTIVITIES. 2. CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING QUANTITIES OF CUT, FILL AND WASTE MATERIAL TO BE HANDLED, AND FOR THE AMOUNT OF GRADING TO BE DONE. ALL COSTS ASSOCIATED WITH IMPORTING SUITABLE MATERIAL AND EXPORTING UNSUITABLE/EXCESS/WASTE MATERIAL SHALL BE INCLUDED IN THE BID PRICE. CONTRACTOR SHALL STRIP, STOCKPILE AND RE -SPREAD EXISTING ONSITE TOPSOIL, IF MATERIAL IS APPROVED BY THE LANDSCAPE ARCHITECT AND/OR SPECIFICATIONS. PROVIDE A UNIFORM THICKNESS OF 6" MINIMUM IN ALL DISTURBED AREAS TO BE LANDSCAPED. 4. CONTRACTOR SHALL DISPOSE OF ANY EXCESS SOIL MATERIAL UNLESS OTHERWISE DIRECTED. 5. REFER TO LANDSCAPE PLAN FOR PERMANENT TURF RESTORATION AND PLANTING INFORMATION. 6. MAINTAIN TEMPORARY PROTECTION MEASURES DURING CONSTRUCTION ACTIVITIES. SEE SITE REMOVALS PLAN FOR ADDITIONAL INFORMATION. PROVIDE ADDITIONAL PROTECTION AS NECESSARY AS WORK PROGRESSES, 7. SEE CIVIL SITE PLAN FOR SITE LAYOUT. 8. PROPOSED CONTOURS AND SPOT ELEVATIONS ARE TO FINISHED SURFACE GRADE. SPOT ELEVATIONS SHOWN ADJACENT TO CURB REFER TO GUTTER/FLOW LINE. SPOT ELEVATION SHOWN FOR TOP OF CURB ARE LABELED WITH TC (TOP OF CURB). SPOT LABELED ME REFERS TO MATCH EXISTING GRADE, EOF REFERS TO EMERGENCY OVERFLOW ELEVATION, TW REFERS TO TOP OF WALL AND BW REFERS TO BOTTOM OF WALL. 10. PROVIDE POSITIVE DRAINAGE AWAY FROM BUILDINGS AT ALL TIMES. 11. NO GRADED SLOPES SHALL EXCEED 3:1 (HORIZONTAL TO VERTICAL) UNLESS OTHERWISE NOTED. 12. UNIFORMALLY GRADE AREAS WITHIN LIMITS OF GRADING AND PROVIDE A SMOOTH FINISHED SURFACE WITH UNIFORM SLOPES BETWEEN POINTS WHERE ELEVATIONS ARE SHOWN OR BETWEEN SUCH POINTS AND EXISTING GRADES. 13. LIMIT THE DISTURBED AREA AS MUCH AS POSSIBLE AND CONDUCT GRADING OPERATIONS IN A MANNER TO MINIMIZE THE POTENTIAL FOR EROSION. Know what's below. CaII before you dig. STATE LAW: 48 HOURS BEFORE EXCAVATING OR DEMOLISHING BUILDINGS, CALL 811 FOR FIELD LOCATION OF UNDERGROUND UTILITY LINES. THIS SERVICE LOCATES UTILITY OWNED LINES BUT NOT PRIVATE LINES. THE LOCATIONS OF UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED. THE EXACT LOCATION OF ALL UTILITIES (PUBLIC AND PRIVATE) MUST BE DETERMINED BEFORE COMMENCING WORK. 1 \ Consulting Engineers P.A. �3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE ERTIFY THAT THIS PLAN, SPECIFICATION, OR REP REPARED BY ME OR UNDER MY DIRECT PERVI THAT I AM A DULY LICERFS_SION ER UNDER THE �AO-"FA F INNES OT F ME: 00////���� W/ //Ij / � O/ I/ ' I CO 1�/�0 OO T SIGNATURE: C//O) DATE:• REV. BY: DESCRIPTION w DATE: BOUTWELL FARM BOUTWELL FARM, LLC BOUTWELL FARM ROAD STILLWATER, MINNESOTA GRADING PLAN JOB No:171390 DATE: 02.14.2018 DRAWN BY: SEG DESIGNED BY: SEG SHEET: C3.O COPYRIGHT- AMI CONSULTING ENGINEERS P.A.: 2006 5/17/2017 2:09 PM z:\2017\171390 boutwell farm\7_CAD\171390-UTILITY.dwg I 1M H - 0 0 • --- I. ______ / \ \ N \\ \ ----__ J ,, 30 60 \ =#' SCALE IN FEET N =1 1 0-0 --fl 0 = H WL / \ / / 1 N UTILITY LEGEND: I / /N ' i! / / / \ \ '/ / \ • MANHOLE ■ CATCHBASIN APRON * I SANITARY CLEANOUT (SEE DETAIL XX) V © SANITARY MANHOLE (SEE DETAIL XX) FIRE HYDRANT ASSEMBLY DETAIL 415) I (SEE I j hy0 8" GATE VALVE BEND (SEE DETAIL 414) H VALVE (SEE DETAIL 412) FIRE /-45` HYDRANT (SEE DETAIL 415) (SEE DETAIL 416) SAN MH 4 I I J NI 8" DI WATERMAIN -li V RIM: 896.50 » STORM SEWER ss I / INV IN: 889.10 INV OUT: 889.06 » DRAINTILE �JTELL FAR SAN MH 5 _ S SANITARY SEWER I I I RIM: 901.35 INV OUT: 894.50 / 270 LF-8" PVC 8" GATE VALVE A 2. 48 LF-8" PVC AT 2.0%> WATERLINE ' (SEE DETAIL 416) 45 BEND (SEE DETAIL 414) Gov flvw flvw� RIPRAP i I CURB STOP (TYP) I I (SEE DETAIL 412) � I /` 1 1\2 COPPER WATER SERVICE (TYP)- n _FIRE HYDRANT - (SEE DETAIL 415) A SAN MH 3 I I v RIM: 899.80 I �� 4 SAN SERVICE INV IN: 888.10 STATE LAW: 48 HOURS BEFORE EXCAVATING OR I / \ / // // / / L-/ A @ 2Y MIN (TYP) a ad INV OUT: 888.06 811 ® 163 LF-8" PVC AT 2.0% DEMOLISHING BUILDINGS, CALL 811 FOR FIELD LOCATION OF UNDERGROUND UTILITY LINES. THIS SERVICE LOCATES UTILITY OWNED LINES BUT NOT PRIVATE LINES. THE LOCATIONS OF UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED. THE EXACT LOCATION OF ALL / j below. UTILITIES (PUBLIC AND PRIVATE) MUST BE DETERMINED ..--/ / Know what's BEFORE COMMENCING WORK. / / 71 C1II before you dig. / I / = / / %t RANT -Y. v 8" GATE VALVE (SEE DETAIL 416) L--- ! / / 1 (SEE DETAIL 415) --z_ / 15.0ma -- �H-O�J M \' w CONNECT TO EXISTING 8" WATERMAIN AT 8"X8" TEE. 1MN " ;, �`'f 4 8" GATE VALVE SAN MH 1 (SEE DETAIL 416) RIM: 895.05 CONNECT TO EXISTING 8" ssI INV IN: 880.0 WATERMAIN AT 8"X8" TEE. 8" GATE VALVE ��� (SEE DETAIL 416)Ai 0-W\- 1 100-HWL 1 ��-HWL 55 45° BEND (SEE DETAIL 414) •'110 INV OUT: 878.08 6 a. 45` BEND (SEE DETAIL 414) ss s > > > >' W L 140 LF-8" PVC AT 2.0% �s _ _ _<< _______ �� •INV: 4 4i �� � ass 19 LF-8" PVC AT 2.0% SAN MH 2 RIM: 894.18 ,_�/G �.77 RIIM: 896.80.80 V IN: 884 INV OUT: 882.80 RIM: 893.E8 NV: 890.93 I 45° BEND (SEE DETAIL 414) EX SAN MH RIM: 889.3 NV: 886.10 OH OH UH UH OH OH OH CONNECT TO MH WITH A WATERTIGHT SEAL. OH OH 45° BEND ( ON SEE DETAIL 414 ) SAN MH 102 OH OH �� OH SAN MH 101 [T://7 OH FINISHED GRADE EXISTING GRADE RIM: 894.34 INV: 891.59 SAN MH 100 STA:10+07.52 INV OUT:894.00 8" PVC RIM: 894.18 INV IN: EX INV: 877.70 875.77 900 S 'VC I- OUI\ 9.05 8 PVC INV IN:888.10 8" PVC INV OUT:888.00 8" PVC SAN MH 103 \ 895 RIM:897.18 8 895 INV IN:884.80 8" PVC INV OUT:882.80 8" PVC MO 890 48. 885 - 885 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 \ Consulting Engineers P.A. /3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE ERTIFY THAT THIS PLAN, SPECIFICATION, OR REP REPARED BY ME OR UNDER MY DIRECT PERVI THAT 1 AM A DULY LICER4g..5§.1oN ' =ER UNDER THE ,� O OF INNES OTF /O ME. 00� //1/41) CO/ /' SIGNATURE: /T CTjO DATE:• -- REV. BY: DESCRIPTION w DATE: BOUTWELL FARM BOUTWELL FARM, LLC BOUTWELL FARM ROAD STILLWATER, MINNESOTA UTILITY PLAN JOB No:171390 DATE: 02.14.2018 DRAWN BY: SEG DESIGNED BY: SEG SHEET: C4.O COPYRIGHT- AMI CONSULTING ENGINEERS P.A.: 2006 5/17/2017 2:09 PM z:\2017\171390 boutwell farm\7_CAD\171390-SWPPP.dwg / / / / / 2 / / 2 Oy / 889.28 INV: 8 318 3184(� 888.29 TRD-i364 8 0.21 TRR -363\ \ \ \ : �a (0 3 \ TR.)-3*33 \ \ \ \ \ 3254 888. 6 \ \ \ \ \ \RD 630 \ 1 \ \ 1 \ \ \ \3 36/ \ 895.\ \ \ TRD-3625 32� l 1 \ \ \ 889.56 I I I \ \ \ TRD 362 \ 31 67 1 CONSTRUCTION SEQUENCE FOR STORMWATER FACILITIES AND SOIL RESTORATION: 1. ALL STORMWATER FACILITIES (INFILTRATION SWALES, INFILTRATION BASINS, STORM SEWER, ETC.) MUST BE CONSTRUCTED FIRST. 2. PROTECT ALL STORM FACILITIES DURING ALL CONSTRUCTION ACTIVITIES. 3. INSPECT ALL STORMWATER FACILITIES DURING CONSTRUCTION ACTIVITIES AND RESTORE ANY THAT ARE NOT FUNCTIONING PROPERLY BY REMOVING SILTING OR OTHER DEBRIS THAT IS LIMITING THE FUNCTION OF THE STORMWATER FACILITIES. 4. PRIOR TO FINAL GRADING AND STABILIZATION, ALL STORMWATER FACILITIES MUST BE CLEANED OF ANY SILTING OR OTHER DEBRIS AND TESTED TO ENSURE PROPER INFILTRATING CHARACTERISTICS. IF INFILTRATION DOES NOT ACHIEVE A MINIMUM OF 0.80 INCHES PER HOUR, REMOVE AS NECESSARY ALL SOILS WITHIN BASIN BOTTOM AND REPLACE WITH SOIL PER DETAIL IN ORDER TO ACHIEVE THE DESIRED INFILTRATION VALUE. 5. PRIOR TO BUILDING, THE PROPOSED GREEN SPACE SHOULD BE DEEP TILLED TO A DEPTH OF 2 FEET USING A TRACTOR AND SUB-SOILER WITH TWO DEEP SHANKS (CURVED METAL BARS) TO CREATE RIPS PERPENDICULAR TO THE DIRECTION OF FLOW. 6. AFTER FINAL GRADING OF INDIVIDUAL LOTS, SPREAD A MINIMUM OF 2" OF COMPOST OVER ALL AREAS TO BE LANDSCAPED. THEN EACH LOT SHOULD BE DEEP TILLED TO A MINIMUM DEPTH OF 12 INCHES. 7 PROVIDE FINAL STABILIZATION AS DEFINED BY LANDSCAPE PLAN. m_ • ■ ■ ■ ELTfi 889.96 + + + �s�'!■J6 TR D 3F i�����.�uu.■�.�..��---•- ____ 7 imilimiwasummisLizallimmilill. Eli iENEMIIIIIMEMftein....mdMIMEME•1111M1 ..�a�ii�� ■mom r ��■■■■■■■■ ������� �� ■ ■■■■i■ ■® \ , `+ + + + + + + +- + + + IIIPIVIIIMPINII + + + k 3 5 31 5168c9.9 GENERAL EROSION AND SEDIMENT CONTROL NOTES: AU WW /WEEIMii■■w�- A■l V■■■■.�i� ■■!i■■■■11I 897.67 1. INSTALL TEMPORARY EROSION CONTROL DEVICES AT THE LOCATIONS SHOWN ON THE PLANS PRIOR TO BEGINNING LAND DISTURBING ACTIVITIES. 2. MAINTAIN ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES IN PLACE UNTIL THE CONTRIBUTING DRAINAGE AREA HAS BEEN STABILIZED. INSPECT ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES ON A WEEKLY BASIS AND DURING RAINFALL EVENTS. REMOVE ACCUMULATED SEDIMENT DEPOSITS FROM EROSION AND SEDIMENT CONTROL DEVICES AND DOWNSTREAM DRAINAGE SYSTEMS AS NEEDED. DO NOT ALLOW SEDIMENT TO ACCUMULATE TO A DEPTH OF MORE THAN ONE-THIRD OF THE CAPACITY OF THE DEVICE. REPLACE DETERIORATED OR DAMAGED EROSION CONTROL DEVICES WITHIN 24 HOURS. PROVIDE ADDITIONAL EROSION CONTROL, WHICH MAY NOT BE SHOWN ON THE DRAWINGS, CONSISTENT WITH THE MEANS, METHODS AND SEQUENCE OF CONSTRUCTION IN ACCORDANCE WITH PERMIT REQUIREMENTS AND AUTHORITIES HAVING JURISDICTION. 4. REMOVE ALL SOILS AND SEDIMENTS TRACKED OR OTHERWISE DEPOSITED ONTO PAVEMENT AREAS. REMOVAL SHALL BE ON A DAILY BASIS THROUGHOUT THE DURATION OF THE CONSTRUCTION. 5. STABILIZE ALL AREAS WHICH HAVE BEEN FINISH -GRADED, AND ALL DISTURBED AREAS IN WHICH GRADING OR CONSTRUCTION OPERATIONS ARE NOT ACTIVELY UNDERWAY, AGAINST EROSION DUE TO RAIN, WIND AND RUNNING WATER WITHIN 14 DAYS. REPAIR ERODED AREAS IMMEDIATELY. 6. LOCATE SOIL OR DIRT STOCKPILES CONTAINING MORE THAN 10 CUBIC YARDS OF MATERIAL WITH A DOWNSLOPE DRAINAGE LENGTH OF NO LESS THAN 25 FEET FROM THE TOE OF THE PILE TO A ROADWAY OR DRAINAGE CHANNEL. IF REMAINING FOR MORE THAN SEVEN DAYS, STABILIZE THE STOCKPILES BY MULCHING, VEGETATIVE COVER, TARPS, OR OTHER MEANS. CONTROL EROSION FROM ALL STOCKPILES BY PLACING SILT FENCE BARRIERS AROUND THE PILES. 7. PERFORM ALL EROSION CONTROL PRACTICES AND SEQUENCE CONSTRUCTION IN ACCORDANCE WITH THE METHODS OUTLINED IN THE BEST MANAGEMENT PRACTICES HANDBOOK: "PROTECTING WATER QUALITY IN URBAN AREAS," PUBLISHED BY THE MINNESOTA POLLUTION CONTROL AGENCY. 8. REMOVE TEMPORARY EROSION CONTROL DEVICES AFTER THE ADJACENT FINAL SURFACES ARE PERMANENTLY ESTABLISHED. COORDINATE REMOVAL WITH PERMANENT RESTORATION OF ALL AREAS OCCUPIED BY TEMPORARY DEVICES. 9. PHASED CONSTRUCTION SHALL BE USED TO THE EXTENT PRACTICAL OR AS INDICATED ON THE PLANS TO MINIMIZE EXPOSED SOILS. 10. EROSION CONTROL PLAN, AS WELL AS THE WEEKLY AND POST RAINFALL EVENT INSPECTION REPORTS TO BE KEPT IN THE ON -SITE JOB TRAILER. 11. CONTRACTOR SHALL MAINTAIN ROCK ENTRANCE(S) DURING CONSTRUCTION 12. ALL STORM SEWER CATCH BASINS TO BE PROTECTED FROM SEDIMENT DEPOSITION WITH AN APPROVED INLET PROTECTION DEVICE. CONTRACTOR SHALL CLEAN STORM SEWER SYSTEM OF SEDIMENT AND DEBRIS PRIOR TO COMPLETION. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +\+ + + + + + + a + + + + + + + + + + + + /.■■■■■■■MINNI■WM=-1111111111111111 1\1 ■VO®■I ■■II ■ulI #2 mommOUU 11II --'■■■�■■■!■■w---=■leis=wwwi...- OH 0 EROSION CONTROL LEGEND: • + + + + I I / OH ROCK CONSTRUCTION ENTRANCE (SEE DETAIL 600) SILT FENCE (SEE DETAIL 601) BIOROLL (SEE DETAIL 604) INLET PROTECTION (SEE DETAIL 605) EROSION CONTROL BLANKET SEED/MULCH/COMPOST AMEND SOD/COMPOST AMEND I RIM: 894.18 ]NV: 875.77 OH RIM: 894.34 INV: 891.59 30 60 SCALE IN FEET INDIVIDUAL LOT CONSTRUCTION: 1. PERIMETER SHALL HAVE SILT FENCE TO CONTROL TRAFFIC AND EROSION DURING CONSTRUCTION. 2. FOLLOW THE "CONSTRUCTION SEQUENCE FOR STORMWATER FACILITIES AND SOIL RESTORATION." 3. ONLY ONE CONSTRUCTION ENTRANCE PER INDIVIDUAL LOT. IF MORE THA ONE LOT IS BEING BUILT SIMULTANEOUSLY, MINIMIZE THE AMOUNT OF NTRANCES. 4. CON TRUCTION LIMITS SHALL NOT EXTEND PAST GRADING LIMITS. 5. ALL INDIVIDUAL LOTS MUST PROVIDE SITE EROSION AND SEDIMENTATION PROTECTION (IE-INLET PROTECTION, SWALE PROTECTION, SEED ESTABLISHMENT, ETC.) PER REQUIREMENTS OF REGULATION IN ORDER TO ROVIDE PROTECTION DOWNSTREAM. 6. CON RACTOR SHALL PROVIDE ANY CONSTRUCTION PHASING OR SEQUENCING PLANS TO LOCAL REGULATORS AS REQUESTED PRIOR TO CONSTRUCITON. Know what's below. CaII before you dig. r STATE LAW: 48 HOURS BEFORE EXCAVATING OR DEMOLISHING BUILDINGS, CALL 811 FOR FIELD LOCATION OF UNDERGROUND UTILITY LINES. THIS SERVICE LOCATES UTILITY OWNED LINES BUT NOT PRIVATE LINES. THE LOCATIONS OF UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED. THE EXACT LOCATION OF ALL UTILITIES (PUBLIC AND PRIVATE) MUST BE DETERMINED BEFORE COMMENCING WORK. M " \ Consulting Engineers P.A. /3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE ERTIFY THAT THIS PLAN, SPECIFICATION, OR REP REPARED BY ME OR UNDER MY DIRECT PERVI THAT 1 AM A DULY LICER4g..5§.1oN ' =ER UNDER THE ,� I)TOF INNES OTF/� ME. 00� //1/41) 'I�O SIGNATURE: /7 CTjO DATE:• - - REV. BY: DESCRIPTION w DATE: BOUTWELL FAR V BOUTWELL FARM, LLC BOUTWELL FARM ROAD STILLWATER, MINNESOTA STORMWATER POLLUTION PREVENTION PLAN JOB No:171390 DATE: 02.14.2018 DRAWN BY: SEG DESIGNED BY: SEG SHEET: COPYRIGHT - AMI CONSULTING ENGINEERS P.A. : 2006 11/6/2017 10:47 AM z:\2017\171390 boutwell farm \7_CAD\171390-EX-4.dwg LEGEND: JJJJJJJJJJJJ JJJJJ-JJJJJJJ JJJJJJJJJJJJ 30 31 5 8_7.21 3650 L_ -- r_ -a—�- mmm LLLLL LLLL 'LLLLLL LL LLLLLL'LLL_ LLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLJgLLLI 1'I I I I II 11 i LLLLLL LLLLLLLLLLLLI L LLLL_LLLJ.,,LLLL" LLLLLLLLLLLL -. L LLLLLLL.LLLLLLLLLLLLLLLLLL LLLL LLLLLLLLLLLL ,1 .•. 'LL gil Llsk AAA ��` C� �,n' a .3?!-�:_ �ataaN LLB LL LLLLLLLLLL �Ih_ r LLL L L LLLL LL LL L LL LL LL LL 3_3_63/ 9.32 36 L L L L I L LL LL LLL LLL LLL LL LL LL LL LL LL L L L L L L L LL L L L LL L L LL LL L L L L L L LL 'LLL LLLL LLLL L L L L 'L L L L L L LL LL LL LLLL LLLL LLL LLL LLL LL L 3260 8.3 3 TR. 3 33 \ \ \ \ \ \ \ \ \ \ 3-36�\7 \ 895. 1 \RD 3625 \ \ 32 A \ 889.56 V TRD362 13167 L LLLL LLLLLLLLLLLLL LLLLLLLLLLLL LLLLLLLLLLLL L LLLLLLLLLL LLLLLLLL )_LLLLL LLLLLLLL LLLLLLLL L LLLLLL LLLLLL LLLLLLL LLLLLL LLLLLL LLLLLL LLLLL L L LLL LLL LL LLL LLL LL •��- L: v LLLLL LLLLL �l LL L^�w TLLLLLLL LLLLLLLL •r":`: `"_ ' LLLLL-LLLLLLLLLL-LLLLLULLLL LLLLLLL6_LLLL 41111114111111ftWRIIIIIIIIIIIMMINNai -11011111111111.6- 60 SCALE IN FEET EXISTING TREE HIGH MAINTENANCE TURF SEED STATE SEED MIX 25-151 WITH EROSION CONTROL BLANKET CAT3N DRY SWALE/POND SEED STATE SEED MIX. 33-262 SOIL BORINGS SOD PROPOSED TREE FALL FIESTA SUGAR MAPLE IN BLVD (3 PER LOT) (SEE DETAIL 701) LLLLLLL _ L LLLLLLLL LLLLLLL LL r aaa� rz. fiCiK'a p LLLL%�3�x�lu , - 11 J L LLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLL LLL LLL 1 L L LL LLLLL ■ L LLLLLLL• ►L.► �� L L aaaaaaaaaa► LL LL �A��H of w { "�..::�.r"�'$111M; L L ' 1 L 11 L /I LLLLLI LL LLLL LLL, LLLLLLL LLLLLL LLL L LLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLGLLLLLLLLLLLL LLLLLLLLLLLLLL.. �' LLLLLLLLLLLL LLL LLLLLLLLLLLLL�LLLLLLLLLLLLLLLL4LLLLLLLLLLL IL LLLL LLLLLLLLLLLLLLLI.IJ-L LL LL LLLLLLLLLLLLLLLL IiLLL , L L BOUTWELL FARM ROAD 899-fi _LL _LLLLLLLLLLLLLLLLLLLLLLUULL LLLLLLLLL _LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL _LLLLLLLLLLLLLLLLLLLLLLLLLLI�LLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLL L LLLLLLLLLLLLLLLLLL LL�H _LLLLL LLL L L_L LL L L_L L L_L T 1 ?_LLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLL LLLLLLL L L LLLLLL ■L _i•• LLLLLL LLLLLL LLLLLL LL L LLLLLLLLLL IIII� LLLLLLLLLL LLLLLL LL L LLLLLLLLL LLLLLLLLLLL L LLLLLLL L LLLLLLLLL LLLLLLLLLLLLLL LLLLLLL LLL .LLLLLLLLLLL L LL LL LL LL LL LLLi L L L LL LLL L LI LLLL L LLLLLL L L LI LLLLL L LL L L L LL L L I L L L L L L L L L LL LL L LLLLLLLLL LLLLLLLLLLLLLL. L LLLLLLLLLLLLLL L LLLLLLLLL L LL _LLLLL tip L L L LLLLLLLL --LLLLLLLLLLL LLLLLLLL 1 L-L-LLLLLLLLLLLLLILL I I LLLLLTLL .- LL LLLLLLL LLL LLLLLL LLLLLLLLLLLLL immassmsg LL LLLLLLLLLLLLLL �� LLLLLLLLLLL LLLLL TREE SCHEDULE BOTANICAL NAME COMMON NAME SIZE ACER SACCHARUM 'FALL FIESTA' FALL FIESTA SUGAR MAPLE 2.5" B&B BETULA NIGRA RIVER BIRCH 10' B&B BETULA POPULIFOLIA WHITESPIRE BIRCH 10' B&B GLEDITSIA TRIACANTHOS VAR. INERMIS 'SKYCOLE' SKYLINE HONEYLOCUST 2" B&B POPULUS TREMULOIDES QUAKING ASPEN #25 QUERCUS ELLIPSOIDALIS NORTHERN PIN OAK 1" QUERCUS RUBRA NORTHERN RED OAK #25 QUERCUS RUBRA NORTHERN RED OAK 2.5" B&B ABIES BALSAMEA BALSAM FIR 6' B&B MALUS "SPRING NOW" SPRING NOW CRAB 6' B&B PICEA PUNGENS COLORADO SPRUCE 6' B&B CELTIS OCCIDENTALIS HACKBERRY 2.5" B&B PINUS STROBUS EASTERN WHITE PINE 6' B&B 897.67 epaia, LLLLLLLLLLLLLLLLL LLLLLLLLL LL LLLL L L a''R'"3G L TREE SUMMARY EXISTING AND REMOVAL TREE SUMMARY EXISTING SIGNIFICANT TREES FROM SURVEY 92 35% REMOVAL ALLOWED PER CODE 32 TREES TO REMAIN PER CODE 60 EXISTING TREES TO REMAIN 36 REPLACEMENT TREES NEEDED 24 TREES PLANTING SUMMARY 3 BOULEVARD TREES PER LOT PER CODE 30 ADDITIONAL REPLACEMENT TREES 24 TOTAL PROPOSED TREES TO BE PLANTED 54 POST DEVELOPMENT TREE COUNT 90 EACH TREE MUST BE PLANTED SUCH THAT THE ROOT FLARE IS VISIBLE AT THE TOP OF THE ROOT BALL. TREES WHERE THE ROOT FLARE IS NOT VISIBLE SHALL BE REJECTED. DO NOT COVER THE TOP OF THE ROOT BALL WITH SOIL. ROOT BALLS DELIVERED WITH THE ROOT FLARE MORE THAN 3" BELOW THE TOP OF THE BALL WILL BE REJECTED. REMOVE ALL WIRE AND BURLAP FROM TOP 3 OF ROOT BALL OR TO 2ND RING OF WIRE BASKET, WHICHEVER IS GREATER. REMOVE ALL PLASTIC WRAP, TWINE OR ROPE FROM ENTIRE BALL. NOTES: MULCH AS SPECIFIED, DO NOT PLACE MULCH IN CONTACT WITH TREE TRUNK. PLACE MULCH WITHIN 48 HOURS PLANTING. DIG HOLE FOR PLANTING ROOT BALL. SCARIFY THE SIDES AND BOTTOM OF THE HOLE BEFORE PLACING THE TREE IN THE PLANTING HOLE. BACKFILL 3 WITH SELECT TOPSOIL BORROW AS SPECIFIED FOR THE SPECIFIC SOIL CONDITION ENCOUNTERED AND WATER THOROUGHLY WITHIN 2 HOURS. BACKFILL REMAINING 3 WITHIN 48 HOURS AND CONSTRUCT 4" HIGH EARTH SAUCER BEYOND EDGE OF ROOT BALL AND WATER THOROUGHLY. TAMP SOIL AROUND BASE OF ROOT BALL FIRMLY WITH FOOT PRESSURE SO THAT ROOT BALL DOES NOT SHIFT. PLACE ROOT BALL ON FIRM UNEXCAVATED OR TAMPED SOIL. DO NOT HEAVILY PRUNE THE TREE AT PLANTING. PRUNE ONLY CROSSOVER LIMBS, CO -DOMINANT LEADERS, AND BROKEN OR DEAD BRANCHES. SOME INTERIOR TWIGS AND LATERAL BRANCHES MAY BE PRUNED. HOWEVER DO NOT REMOVE THE TERMINAL BUDS OF BRANCHES THAT EXTEND TO THE EDGE OF THE CROWN. 2. SET TREE PLUMB AND MAINTAIN THROUGHOUT WARRANTY PERIOD. REMOVE ALL FLAGGING AND LABELS 3. STAKE TREES ONLY AS SPECIFIED A THE DIRECTION OF LANDSCAPE ARCHITECT. 4. SET TOP OF ROOT BALL FLUSH TO GRADE OR 1-2 IN. HIGHER IN SLOWLY DRAINING SOILS. 5. CONTRACTOR IS RESPONSIBLE FOR TESTING PERCOLATION RATES PRIOR TO PLANTING. NOTIFY ENGINEER OF ANY POTENTIAL DRAINAGE ISSUED PRIOR TO FINAL PLANTING. INSTALL APPROVED DRAINAGE MATERIALS AS DIRECTED. 6. IF PLANT IS SHIPPED WITH A CONTAINER AROUND THE ROOTBALL SLICE SIDES OF CONTAINER AND REMOVE COMPLETELY. USE FINGERS OR SMALL HAND TOOLS TO PULL ROOTS OUT OF THE OUTER LAYER OF POTTING SOIL, THEN CUT OR PULL APART ANY CIRCLING ROOTS. 7. TO IMPROVE TRANSPLANTING SUCCESS, THE FOLLOWING VARIETIES SHOULD BE SPRING PLANTED ONLY: BIRCH, BLUE BEECH, ELM, GINKGO, IRONWOOD, OAK, PAGODA DOGWOOD, POPLAR, PRUNUS SP, RED MAPLE, AND WILLOW 8. SPACE TREES ACCORDING TO PLANS 701 I DECIDUOUS TREE PLANTING NOT TO SCALE EACH TREE MUST BE PLANTED SUCH THAT THE ROOT FLARE IS VISIBLE AT THE TOP OF THE ROOT BALL. TREES WHERE THE ROOT FLARE IS NOT VISIBLE SHALL BE REJECTED. DO NOT COVER THE TOP OF THE ROOT BALL WITH SOIL ROOT BALLS DELIVERED WITH THE ROOT FLARE MORE THAN 3" BELOW THE TOP OF THE BALL WILL BE REJECTED. REMOVE ALL WIRE AND BURLAP FROM TOP 3 OF ROOT BALL OR TO 2ND RING OF WIRE BASKET, WHICHEVER IS GREATER. REMOVE ALL PLASTIC WRAP, TWINE OR ROPE FROM ENTIRE BALL. EXTEND EXCAVATION AND BACKFILL SOIL TO A POINT DOWNSLOPE EQUAL TO OR LOWER IN ELEVATIONS THAN BOTTOM OF PLANTING HOLE TO ENSURE ADEQUATE DRAINAGE IN HEAVY SOILS. GRANULAR SOIL MUST BE ADDED AS A BACKFILL IN AREAS OF POOR DRAINAGE. NOTES: MULCH AS SPECIFIED, DO NOT PLACE MULCH IN CONTACT WITH TREE TRUNK. PLACE MULCH WITHIN 48 HOURS PLANTING. DIG HOLE FOR PLANTING ROOT BALL. SCARIFY THE SIDES AND BOTTOM OF THE HOLE BEFORE PLACING THE TREE IN THE PLANTING HOLE. BACKFILL 3 WITH SELECT TOPSOIL BORROW AS SPECIFIED FOR THE SPECIFIC SOIL CONDITION ENCOUNTERED AND WATER THOROUGHLY WITHIN 2 HOURS. BACKFILL REMAINING 3 WITHIN 48 HOURS AND CONSTRUCT 4" HIGH EARTH SAUCER BEYOND EDGE OF ROOT BALL AND WATER THOROUGHLY. 1" TO 6" DEEPER THAN ROOTBALL TAMP SOIL AROUND BASE OF ROOT BALL FIRMLY WITH FOOT PRESSURE SO THAT ROOT BALL DOES NOT SHIFT. PLACE ROOT BALL ON FIRM UNEXCAVATED OR TAMPED SOIL. 1. DO NOT HEAVILY PRUNE THE TREE AT PLANTING. PRUNE ONLY CROSSOVER LIMBS, CO -DOMINANT LEADERS, AND BROKEN OR DEAD BRANCHES. SOME INTERIOR TWIGS AND LATERAL BRANCHES MAY BE PRUNED. HOWEVER DO NOT REMOVE THE TERMINAL BUDS OF BRANCHES THAT EXTEND TO THE EDGE OF THE CROWN. 2, SET TREE PLUMB AND MAINTAIN THROUGHOUT WARRANTY PERIOD. REMOVE ALL FLAGGING AND LABELS 3. DURING THE SPRING PLANTING SEASON, ANY EVERGREEN PLANT DELIVERED WITH NEW GROWTH IN ADVANCE STAGE OF CANDLING OUT WILL BE REJECTED. EVERGREEN TREES NOT FULLY BRANCHED FROM BOTTOM TO TOP WILL BE REJECTED AND THOSE WITH TERMINAL LEADERS EXCEEDING 300 MM (12") IN LENGTH WILL ALSO BE REJECTED. 4. STAKE TREES ONLY AS SPECIFIED A THE DIRECTION OF LANDSCAPE ARCHITECT. 5. WRAP TREE TRUNKS ONLY AS SPECIFIED AT THE DIRECTION OF LANDSCAPE ARCHITECT- 6. SET TOP OF ROOT BALL FLUSH TO GRADE OR 1-2 IN. HIGHER IN SLOWLY DRAINING SOILS. 7. CONTRACTOR IS RESPONSIBLE FOR TESTING PERCOLATION RATES PRIOR TO PLANTING. NOTIFY ENGINEER OF ANY POTENTIAL DRAINAGE ISSUED PRIOR TO FINAL PLANTING. INSTALL APPROVED DRAINAGE MATERIALS AS DIRECTED. 700 I EVERGREEN TREE PLANTING NOT TO SCALE Know what's below. CaII before you dig. STATE LAW: 48 HOURS BEFORE EXCAVATING OR DEMOLISHING BUILDINGS, CALL 811 FOR FIELD LOCATION OF UNDERGROUND UTILITY LINES. THIS SERVICE LOCATES UTILITY OWNED LINES BUT NOT PRIVATE LINES. THE LOCATIONS OF UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED. THE EXACT LOCATION OF ALL UTILITIES (PUBLIC AND PRIVATE) MUST BE DETERMINED BEFORE COMMENCING WORK. fl,AM \ Consulting Engineers P.A. /3640 TALMAGE CIR. VADNAIS HEIGHTS 651.337.9259 - amiengineers.com SUPERIOR - IRON RANGE ERTIFY THAT THIS PLAN, SPECIFICATION, OR REP REPARED BY ME OR UNDER MY DIRECT//�PERVI THAT 1 AM A DULY LICE / UNDER THE �A ,{{'�� OF�$dAT F ME. Oj, /f I / ' I /l0/1/sin V/9� SIGNATURE: v CTjO ON DATE:• --i REV. BY: DESCRIPTION w DATE: BOUTWELL FAR vl BOUTWELL FARM, LLC BOUTWELL FARM ROAD STILLWATER, MINNESOTA TREE REPLACEMENT PLAN JOB No:171390 DATE: 02.14.2018 DRAWN BY: SEG DESIGNED BY: SEG SHEET: iliwater THE BIRTHPLACE OF MINNESOIA MEETING DATE: March 14, 2018 CASE NO.: 2018-01 APPLICANT: City of Stillwater REQUEST: Amend City Code by adding exterior residential lighting standards. PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner BACKGROUND Staff has been directed by the City Council to initiate the creation of a residential lighting ordinance, due to repeated complaints of excessive exterior lighting on a North Hill property. Staff has conducted an analysis of residential lighting standards at comparable cities and found that most of those communities set a limit on the amount of light that can be visible from the property line in residential areas. Due to a lack of evidence that this is a widespread issue and to avoid being overly - restrictive, staff believes a moderate solution would be to simply limit the amount of measurable light at the property line as many comparable cities do. Staff does not believe it is necessary to place additional restrictions on exterior residential lighting, such as height limitations and hiding light sources (i.e. shielding light bulbs). Further analysis is needed before a specific light intensity (measured in foot candles) is determined, but staff's goal is to have a draft ordinance prepared for the Planning Commission's review at the April 11 meeting. SPECIFIC REQUEST The Planning Commission is asked to consider the proposed residential lighting regulation. COMMENTS The attached table shows the residential lighting standards in place in comparable communities. Attachments: Table of comparison ordinances. A B C D E F G I H 1 City Name Albert Lea Forest Lake Hastings Northfield Red Wing Stillwater 19,292 Willmar 2 Population 17,667 19,600 22,496 20,445 16,526 19,558 3 Footcandle Limit at Residential Property Line None 0.4 0.5 0.1 0.04 None 0.4 4 Footcandle Limit at Non -Residential Property Line None 0.4 1 0.5/2.51 None None 0.4 5 Footcandle Limit at ROW Centerline None 1 None None 1 None 1 6 Height Limit of Light Fixtures' None 253 None 12/204 25 5 None None 7 Shielding Required? No Yes Yes Yes 6 Yes No Yes 8 Misc String lighting prohibited Bare bulbs must not be visible from property line N/A Maximum illumination on a residential property is 1.5 Footcandles Bare bulbs must not be visible from property line Parking lot lighting must not interfere with use of adjacent residential properties Bare bulbs must not be visible from adjacent properties 9 10 10.5 If lit property is a parking lot, 2.5 if lit property is commercial 11 'In feet 12 31f mounted on a pole. Lights on buildings must be no taller than the building 13 412 if unshielded in residential districts, 20 in non-residential. 15 in residential districts if shielded, 30 in non-residential. 14 'Or the height of the principal structure on the property. 15 61f mounted on a structure. i11waE THE SI R T H P L A C E OF MINNE S O T A PLANNING COMMISSION MEETING DATE: March 14, 2018 CPC CASE NO.: TBD REGARDING: Small Wireless Facility Future Zoning Text Amendment PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND Since December staff has been working on a future Zoning Text Amendment to specifically address small wireless facilities, their supporting structures and associated equipment. Not only has this been reviewed by the Planning Commission, considerations of design have been made by the Heritage Preservation Commission. At their last regularly -scheduled meeting, the City Council reviewed all discussions and direction to date and provided input on the future Zoning Text Amendment. CURRENT STATUS Staff is near complete on a legislative version of the Zoning Text Amendment. However, it has not been finalized to the date of memo development and the distribution of the Planning Commission's March 14th packet. This is largely in part due to the fact that the proposed amendments will affect six sections of the City Code. There has been a lot of cross -analysis between all sections of the code to ensure there are no gaps, conflicts, etc. The release of the legislative version will occur prior to the Planning Commission's meeting. COMMISSION DISCUSSION At the meeting, staff will brief the Commission on all discussions to date, using the legislative changes as a guide. The Commission's discussion of the future Zoning Text Amendment will focus on final ordinance amendments necessary prior to scheduling public hearings. fflwater 6' . R T N P 1.. 4 T; E 91 F MINNFSOITA PLANNING COMMISSION MEETING DATE: March 13, 2018 REGARDING: 2040 Comprehensive Plan Update PREPARED BY: Abbi Jo Wittman, City Planner As the Commission in aware, the City is in the process of updating its Comprehensive Plan (the Plan). The Comp Plan Advisory Committee (CPAC) met on February 28. The meeting was a recap of what has occurred to date, a refresher of the process going forward, as well as an introduction to two elements of the plan: Land Use and Housing. Schedules for the Plan update are attached for Commission review. Plan Update Activities to Date In mid -February the City started to use Polco, a citizen engagement application designed to gauge public interest on a variety of topics. It was determined the use of Polco for preliminary public engagement efforts was a good online platform to try; at this time there is no cost to the City to use this platform. It is anticipated the City will continue to use Polco for ongoing public opinion matters (e.g. "how did we plow your snow last night"). Questions from the 2006 community survey were the basis for the questions currently being asked. Three different sets of questions have been released on Polco. The question topics range from capital improvements and taxes to perceptions of public safety, walkability and community character. By the time of the Commission's meeting, one additional batch of questions will be released. Once all questions are posted, the City will keep the survey active for two additional weeks. Staff has attached a list of groups/individuals who have been directly contacted about Polco. To the date of memo development, there are 322 users. Polco staff has indicated this 'slow and steady' increase of users is common but, as Stillwater has only been utilizing the platform for 17 days, the total number of participants is very good. Staff has attached a few pages of responses that were prepared as of March 7 at 12:00 pm. The comments were a selection merely to show how participants are engaging in the 'comments' section of each question. Planning Commission Involvement While Chairman Collins is representing the Planning Commission on the CPAC, the whole Commission will have opportunities to be directly involved. In addition to community engagement efforts, the Commission is expected to attend one joint (CPAC, City Council, Planning Commission and Parks Commission); this meeting will be held at 6:30 pm on May 23rd in the Margaret Rivers Room of the Stillwater Public Library. Schedule TASK 201i NO DEC 2018 FEB MAR APR MAY JUN JUL AUG SEP OCT Organize the Effort Understand the Context Explore the Possibilities Update the Plan Elements Assemble the Final Plan and Seek Approvals Prepare Plan for Distribution and Agency Approvals Stillwater 2040 Comprehensive Plan Schedule -Meetings MEETINGS 201� NOV DEC 2018 FEB MAR APR MAY JUN JUL AUG SEP OCT Advisory Committee Parks and Recreation Board Planning Commission City Council Community Engagement Activities z w w 0 z m miff 2 0 v 02/28 + 04/25 + + + + 06/27 07/25 08/22 09/26 • • MP1 Stillwater 2040 Comprehensive Plan 2040 Comprehensive Plan Community Survey PA TICIPATION ATE S illwa er's es ima ed popula ion is 19,693. As of March 7 a 12:00 pm, 302 people had par icipa ed in he survey. This represen s approxima ely 1.5% of people in S illwa er. In discussions wi h Polco s aff, hey see his as a s rong par icipa ion ra e a his poin in ime. The Polco survey pla form has only been used for wo weeks now. The survey will run ano her four weeks. For each of he nex wo weeks, a new se of ques ions will be released. Polco finds ha mos communi ies have a 'slow bu s eady' par icipa ion ra e ha builds hrough word of mou h and adver icing. Below is a sampling of responses o some of he survey ques ions. CAPITAL IMP OVEMENTS A por ion of he firs week's ques ions focused on capi al improvemen s. These panels show bo h he resul s and a sampling of he commen s ha were submi ed by responden s. How high of a priority should it be to build a new parking ramp on 2nd between Olive and Chestnut ($8 million)? $°� ■ How high of a priority should it be to convert Chestnut St from Main St to Lift Bridge to a pedestrian plaza ($3.5 million)? 33% How high of a priority should it be to build a municipal dock south of St. Croix Boat & Packet ($4.2 million)? 12% - 29* 43% 22°!0 — 1446 o,,priorir. 945 1% I N. opmlor Read s.-. 33% 21% 42% — 26% 5% 1 2°� I HI H: Improving walking condi ions in down own is a larger priori y. NOTA PRIORITY: Seems ha here is plen y of parking for mos of he year. As a residen I would ra her see inves men in communi y use projec s ra her han jus ouris accommoda ion projec s. HI H PRIORITY: This effor should be synchronized wi h overall ci y walk/bike improvemen s. The parking issue will be lessened wi h be er walkabili y. Improvemen s benefi residen s AND visi ors. The heal h and a rac iveness of people wan ing o come o down own will improve wi h more a rac ive walking HI H PRIORITY: Th s development along the r ver s for outdoor I v ng and recreat on --a good th ng. It w 11 attract more people to r vers de recreat on, wh ch w 11 also mean more v s tors to downtown bus nesses. We want to say "There s more to St Ilwater than downtown Ma n Street. Enjoy the R ver THEN relax at a Ma n Street bus ness." condi ions. People come o he area because i is an experience NOT A P 10 ITY: hey canno ge elsewhere - A municipal dock would benefi and a large par of ha is he a my frac ion of residen s. I compac walkable his oric should only be considered if i down own. Keep building off of would genera e ne profi o he his wonderful resource. A ci y in he shor erm. conversion of he bridge o a walk/bike use will be a very s rong a rac ion, and well wor h he inves men . FINANCES How much do you oppose or support the fundingof capital improvement p p projects for the city of Stillwater through an increased property tax? How much do you oppose or support the funding of capital improvement projects for the city of Stillwater through general obligation bonding (borrowing)? How would you rate the value you receive from the City portion of the property tax you pay? 91( El 11% M 16% M Snore I gy`-upper 5nona4 ysupP' Exceilenc 30% 51% 54% Support Su opor, Good 31% 22% 19* Oppose -_e J` -a 28% 6% ■ 11% Strongly oppose 'FPO!X P_or 2% I 11% No osimor ii 31 1 STRON LYOPPOSE: STRON LYSUPPORT: FAIR: Sin ax. S rongly opposed. I suppor his only if he This is a weal by ci y. Wi h he proper y owners do no raise income from proper y axes here heir ren . The age-old Farm is no excuse for being S ore is ge ing ous ed by unders affed. And he s aff requiring a quadrupling of he should be high caliber --meaning ren . Tha is ou rageous. There proac ive and forward- hinking. mus be a way for he Ci y o S illwa er has a lingering no allow he building owners repu a ion for being parochial. define he charac er of our The Ci y Adminis ra or is mos prized a ribu e--Main excellen and if o hers aff were S ree . I is a disgrace o see more progressive, he could be he Farm S ore go, especially if more effec ive. The Ci y websi e i is replaced by ano her ypical is AWFUL. The por al for file shopping mall shop. Building searches is ridiculously res ric ive owners mus be held o a high and difficul o naviga e. The Ci y s andard of loyal y o he s aff can se he pace and he charac er of he Ci y as a mood of a own. Yes we are a whole. Keep shopping malls up his oric own, and we can on Hwy 36, and priori ize he con inue o be his oric wi h his orically unique as well as ou s anding progressiveness progressive, crea ive businesses ha will draw he younger genera ions. framed in sus ainabili y. POOR: My axes are very high. I don' SUPPORT: see be er service or I would suppor such a measure should he erms of he increase be laid ou before infras ruc ure han o her place. The roads in S illwa er are in aking place. Will his be horrible condi ion. We see ligh s dedica ed o jus he projec or on a nigh a local ennis cour s jus go o he general fund and hen disbursed based on council approval? ha aren' even being used. SE VICE AND PE FO MANCE Overall, how would you rate the City's performance in meeting your needs? In general, how satisfied are you with the job that the City of Stillwater does in keeping its citizens informed? How do you stay informed about city government? 21% 42°0 - 59% 24% 8�° Very Satisfied 41% 16% = 3% ,. d 25% 45°� 44% a_,; 10% M 27% MotSatlsfted 49% ■ OOD: NOTSATISIFED: So far he Ci y has received 32 Ci y services are generally qui e Informa ion isn' easily recommenda ions for good, par icularly cri ical and available or searchable on improving communica ion. A core services like police, fire council mee ings, permi s able of recommenda ions can dep , snow removal and rash approved, and o her i ems. be found in S:\Planning\Comp pickup. I would like o see our Local newspaper is now behind Plan 2018\Survey\Public parks depar men more involved a paywall and here is li le Commen s and is i led and suppor ive of long erm park communica ion coming direc ly Commun cat on Improvement use by groups of ci izens, like he from he ci y o ci izens. No Recommendat ons growing numbers of par icipan s highligh s of depar men s in he S illwa er Pickleball Group, ins ead of focusing nearly accomplishmen s, no upda es on upcoming projec s, no exclusively on singular 'big even ' word, direc ly from ci y on days like Lumberjack Days, public discussions. S illwa er Bike Cri erium, e c. Websi e is s ill in he Dark I need be er recycling Ages. Public inpu process is an oppor uni ies in he parks, down own and a businesses. embarrassmen when compared o he curren s andards. Hire a (non - FAIR: parochial) facili a or for hose Parks, especially ice rinks are public inpu mee ings. Value poorly main ained and no he sophis ica ion of your inves ed in. residen s and welcome hem ra her han sea ing hem on one side of he room and he s aff/Councilmembers on he opposi e side and simply asking he public side o speak up. Tha is no a well-facili a ed public inpu mee ing. Do no use s aff, who have a ves ed in eres in keeping hings simple, o facili a e public inpu mee ings. We are a sophis ica ed well-educa ed communi y and deserve respec . FEELINGS OF SAFETY Do you think there is a drug problem in Stillwater? Is there sufficient police visibility in Stillwater? How safe do you feel walking alone at night in Stillwater? 0% 79% 38% 67% 14% =I62°,1, 25% °!° -.,. fY46 /=ry Lisle sus. o� 0% .:rar MI mead more le. - ..°7° • IQI .L r!'j ■ L _, Importance of C ty Sery ces Parks and Recreation Very Somewhat Slightly Not Important Important Important Important 67% 29% 4% 0% Street Repair and 779E 21% 2% 0% Maintenance Street Snow Removal 83% 16% 0% 1% Sidewalk Snow Removal 49% 31 % 15% 5% Access To City Information 48% 40% 13% 0% Police Department 84% 15% 1% 0% Fire Department 83% 16% 1% 0% Public Library 61% 25% 7% 6% Road Maintenance 71% 27% 2% 0% Ease of Travel By Car 38% 43% 17% 3% Trail and Sidewalk 53% 36% 8% 2% Maintenance Ease of Pedestrian Mobility 60% 29% 10% 0% Ease of Travel by Bicycle 38% 36% 16% 10% Ease of Parking Downtown 35% 45% 18% 2% Stillwater Newsletter 16% 50% 26% 8% City Website 30% 51 % 16% 3% Park Maintenance 46% 47% 7% 0% Community Development 4.5% 34% 18% 3% Building Inspections 34% 41 % 23% 2% Performance of C ty Sery ces Excellent Good Fair Poor No Opinion Parks and Recreation 334E 509E 9% 2% 5% Street Repair and Maintenance 84E 48% 294E 14% 1% Street Snow Removal 324E 43% 204E 4% 1% Sidewalk Snow Removal 84E 30% 264E 18% 18% Access to City Information 114E 51% 244E 109E 7% Police Department 494E 279E 134E 3% 895 Fire Department 544E 26% 6% 1% 13% Public Library 584E 28% 7% 1% 5% Road Maintenance 144E 47% 29% 13% 196 Ease of Travel by Car 174E 5695 224E 0% 5% Trail and Sidewalk Maintenance 174E 39% 31% 5% 895 Ease of Pedestrian Mobility 114E 4795 264E 10% 5% Ease of Travel by Bicycle 8% 4196 264E 11% 14% Ease of Parking Downtown 7% 39% 344E 1795 395 Stillwater Newsletter 84E 4296 234E 596 229 City Website 114E 41% 26% 8% 14% Park Maintenance 184E 54% 184E 4% 6% Community Development 144E 42% 264E 8% 14% Building Inspections 5% 34% 114E 8% 419E Polco Direct Email Notice (As of March 7, 2018) In addition to sending a press release (Pioneer Press, Lowdown, Stillwater Current, Stillwater Patch, Star Tribune, and the Stillwater Gazette), and conducting outreach on Facebook, the following people were sent an email and flyer: • City Council • Planning Commission • Heritage Preservation Commission • Department Heads and Admin staff • CP Advisory Committee • DT Plan Advisory Committee • ISD 834 Superintendent • Chamber of Commerce Director • CVB Director • IBA Chair • Lakeview Hospital Director • High School Principal • River Market Coop • Sustainable Stillwater • North Hill Community Gardens • Valley Outreach • Family Means • Community Thread • Youth Service Bureau • Faith Based Organizations (14) • HOAs (Liberty, Liberty West, Liberty Commercial, Stillwater Mills, Terra Springs) • Property Management Firms (14) • Constant Contact - 861 individuals (49% opened) liwater THE BIRTH P L A TE OF MINNFSOIA PLANNING COMMISSION MEETING DATE: March 13, 2018 REGARDING: 2018 Commission Appointments and Chair Elections PREPARED BY: Abbi Jo Wittman, City Planner In June, 2017, the Commission requested staff provide the Commission with advance notice of the 2018 chair appointments/ elections. This is to happen at the Commission's meeting in May. The Commission further asked for guidance on what the election process should be as well as who should be able to be elected. Term Expirations and New Applications The seats of Chairman Collins (appointed in 2012) and Commissioners Kocon (appointed in 2008) and Lauer (appointed in 2012) will expire. All three have expressed an interest in continuing to serve. While staff has fielded many new applicant inquiries, no new applications have been received to date. The deadline for application submission is Friday, March 16. Application Review and Appointments Once applications have been accepted, Chairman Collins and Councilmember Menikheim will interview all applicants. It is expected this will occur prior to the Commission's meeting in April. After interviews, the two will make a recommendation to the City Council. The City Council is expected to make appointments at their first regularly -scheduled meeting in May. This will occur on May 1, 2018. Commission Officers As a reminder, the Planning Commission has a Chair and a Vice -Chair. While the City Code addresses a Commission Secretary, this has been determined to be obsolete as the Commission now has dedicated staff to help facilitate packet development and the City has a Recording Secretary to assist with the preparation of meeting minutes. City Clerk Diane Ward is working with the City Attorney's office on the development of an ordinance that will clean up this section of the code, as well as other outdated or inconsistent code language. It is anticipated the City Council will consider the code clean up ordinance later this spring. Chair Elections The City has no formally adopted process for Commission chair elections. While the Administration Department is working on a Councilor/Commissioner handbook, it has not been adopted at this time. It is anticipated the handbook will help establish a formal process for elections. At this time it is suggested Commissioners conduct elections for Chair and Vice -Chair in the same manner the Vice -Mayor is elected: 1. Any individual who has an interest in serving in the chair or vice chair position expresses their interest. 2. A motion for a chair is made. The motion must be seconded prior to the vote. If there is no second, the motion fails for a lack of a second. The process repeats itself until a motion passes. 3. A motion for a vice -chair is made and the process follows at outlined, above. At the Commission's regularly -scheduled meeting in April, the Commission may want to discuss the elections process. Those who may be interested in serving may want to express their interest at that time. However, as the Commission is aware, the final Commission appointments will not occur until May; there may be new appointees who have an interest in serving, as well. CPC: March 14, 2018 Page 2 of 2 ST. CROIX RIVER CROSSING LOOP TRAIL Remaining Construction El P 0 Public Works Park TRAIL CONNECTIONS St. Croix River Crossing Loop Trail Brown's Creek State Trail Other Trails and Walks Oak Park Heights Trails Stillwater Trails Brown's Creek State Trail Bayport Trails St. Croix County Trails Stillwater Cultural Landscape District Restrooms Portable Toilet Parking See City of Stillwater website (www.ci.sti I Iwate r. m n. us) for list of downtown parking lots. Parking See City of Oak Park Heights website (www.cityofoakparkheights.com) for a listing of the area parks and trails. 1/4 vz 34 SCALE IN MILES N grovyyr Park Meadow Lark Park Berson Pais. Otto Berg Memorial Park Brown's Ramsey Grovo Park Ltv Lake 1-MeEa'Wois Area 34 staples. Field Stillvv ter Wasltiigtot r Park c a fl Oak Park Heights ( Houlton Bayport \ 35) 64 /r Somerset Loop Trail Construction Mil 2017 Construction 2018 Construction 11111 2017-19 Construction Hudson 10-16-17 to Chestnut Street St. Croix Crossing Project - Minnesota Landscaping Projects LEGEND S.P. 8214-164: Letting Sept. 26, 2014; Constructed in 2015 S.P. 8214-160: Letting Oct. 23, 2015; Constructed in 2016 S.P. 8214-161: Letting March 23, 2018; Construction in 2018 S.P. 8214-176: Letting October 26, 2018; Construction in Spring of 2019 For more information about the St. Croix Crossing Project: M'. DEPARTMENT OF I TRANSPORTATION www.dot.state.mn.us Visit the project website www.mndot.gov/stcroixcrossing Stillwater Oak Park Heights www.dot.state.mn.us/environment AIIk likir &t.Croix CROSSING Sunnyside Water Treatment Plant Bayport dated 1/12/18 12/7/2017 Stillwater. MN Code of Ordinances Chapter 24 - STREETS, ALLEYS AND PUBLIC PROPERTY[1] ARTICLE I. - IN GENERAL Sec. 24-1. - Streets. Subd. Permit required. No person, except an authorized city employee or contractor performing work under a 1. contract with the city, shall make any excavation, obstruction, alteration, or installation in a street, alley, sidewalk or public ground without first having secured a permit therefor from the public works director. Subd. Appiicationand reguiations, The public works directorsha II prepare the necessary appiica tion forms and 2. permits required under subdivision 1 of this section. The public works director shall also prepare regulations necessary to protect the public from injury, prevent damage to public or private property and minimize interference with the public use of streets, alleys, sidewalks and public grounds. Any Subd. person making such an excavation shall comply with such regulations. 3. Bond. Any permittee, except a public utility corporation or a bonded plumber, shall file with the clerk a corporate surety bond, cash deposit or certified check in the amount of $5,000.00, conditioned that the permittee will: (1) Perform work in connection with the excavation in accordance with the applicable ordinances and regulations; (2) Indemnify the city and hold it harmless from all damages caused in the execution of the work; and (3) Pay all costs and damages suffered by the city by reason of the failure of the permittee to observe the terms of applicable ordinances and regulations or because of negligence in the execution of the work. The bond shall be approved as to form and legality by the city attorney. Subd. Public liability insurance. Any permittee, except a public utility corporation, shall furnish proof that the 4. permittee has in existence an insurance policy protecting the permittee from liability to the public, including the city, to an amount equal to the maximum claim the city might be required to pay under Minn. Stat. ch. 466, Subd. Permit denial. Failure to comply with the conditions of this section shall be grounds for denial of future 5. permits. Subd. General regulations for excavations. Street openings shall be made in a manner that will cause the least 6. inconvenience to the public. Provision shall be made for the passage of water along the gutters and at least one-half of the traveled portion of the street shall be left open and in good condition for the safe passage of vehicles. Open excavations shall be guarded with substantial barriers and marked with red flags and at night with red lights or flashing devices. Pipes or mains exposed to freezing temperatures shall be protected to prevent freezing. Any person responsible for exposing a city main or pipe so that it might be damaged by freezing shall be liable to the city for any and all damages caused by a freezing Subd. and all damages sustained by others by freezing for which the city might be liable. 7' Refillingexcavations. Every street excavation shall be refilled as soon as possible after the work is completed and paving, sidewalks and appurtenances shall be replaced in at least as good condition as before the excavation to the satisfaction of the city public works director. All dirt and debris shall be removed immediately. Any person who fails to comply with these requirements within 24 hours after Subd. notice from the city shall be liable to the city for the full cost incurred by the city in remedying the 8 defect and restoring the street, sidewalk, alley or public ground to its proper condition. The cost shall be an obligation of the surety on the bond of the permittee. Map of subsurface installations. The public works director shall maintain a map showing the location of all utility and other installations made beneath the surface of any public street, grounds or right-of-way. The information on the map shall be suffciently complete and accurate to permit anyone making an excavation in a public place having any underground installation to avoid damage to any existing underground installation and to properly locate them. Any new underground facilities shall be recorded on the map as soon as practicable upon the issuance of an excavation permit or the completion of a contract for the installation of city underground installations. 1/14 12/7/2017 Stillwater, MN Code of Ordinances (Code 1980, § 24.01; Ord. No. 661, 5-5-87) 2/14 12/7/2017 Stillwater, MN Code of Ordinances Sec. 24-2. - Numbering for dwelling homes and buildings. Subd. Uniform numbering system . There is hereby created and established a uniform system of numbering 1. properties and principal buildings in the city, referred to in this section as the "uniform numbering system." Subd. Assigning of numbers. All properties or principal buildings within the city shall be allotted numbers in 2. accordance with the following numberingsystem: (1) The city shall be numbered with 100 numbers per block. (2) Odd numbers shall be assigned on the east and south sides of the streets and even numbers shall be assigned on the west and north sides of the streets. Subd. Type and placement of numbers. Each principal building shall bear the number assigned to the frontage on 3. which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each front entrance of such principal building shall bear a separate number. Numerals indicating the offcial numbers for each principal building shall be reflectorized, a minimum of three inches in height, shall be posted at least five feet from the threshold on a building surface and placed in such a manner as to be visible from the street on which the property is located. Subd. If there is a main entrance visible from the street, the numbers shall be placed within two feet of that 4. entrance. Administration. At the tune of submitting a preliminary plat or plan or application for building permits, the applicant shall submit a building numbering plan for review by the planning commission of the city. The city building offcial shall keep an up-to-date record of all numbers assigned under this section. The city building offcial shall assign, to any property owner in the city upon request, a number for each principal building or separate front entrance to such building, In doing so, he shall Subd. assign only those numbers assigned under the provisions of this section; provided, however, that he 5. may assign additional numbers in accordance with the uniform system adopted in this section whenever the property has been subdivided, a new front entrance opened or undue hardship has been worked on any property owner. Penalties for violation of section. Violations of this section shall be a petty misdemeanor. (Code 1980, § 24.03) Sec. 24-3. - Planting and care of trees in public places. Subd. No person shall plant any trees within the limits of any street, public ground or highway of the city 1. without first obtaining a permit from the city. Anyone wishing to plant such trees shall apply to the city for a permit, stating the variety and precise Subd. location proposed for each tree. After the receipt of an application the city shall investigate the place 2. where the tree is to be planted and shall grant a permit only if the location will permit the normal growth and development of the tree. The permit shall specify the location, variety and grade of each tree and method of planting, including among other things, the supply of suitable soil. No charge shall be made for the permit, and no trees shall be planted except in accordance with its terms. The specifications of the permit shall secure the suitable location, planting and growing of each tree. (Code 1980, § 24.07) Secs. 24-4-24-24. - Reserved. ARTICLE II. - RIGHT-OF-WAY MANAGEMENT Sec. 24-25. - Findings, purpose, and intent. The rights of way (ROW) serve to protect the public health, safety and welfare. The ROWs provide access to public and properties for motorized and non -motorized vehicles and pedestrians and provide space to facilitate the delivery of vital public andpriyate utility services. In allditiory_the ROWS in the city,,prov de a critical part of the public realm that helps create the essential character of the community. This is especially true in relationship to local, state, or nationally-designated;ar eligih1e heritage_preservation siteskland marks and districts. it is the intent of this article to facilitate apnro rmate use of the ROWs for the pozposes above while also_protecting the. public welfare by preventing permanent obstruction, safety hazards, and other use of the ROW that would 3/14 12/7/2017 Stillwater, MN Code of Ordinances diminish the historic character of the community. This article shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minn. Stat. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the city and users of the right-of-way. This article shall also be interpreted consistent with Minnesota Rules 7819.0050-7819.9950 where possible. To the 4/14 12/7/2017 Stillwater, MN Code of Ordinances extent any provision of this article cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This article shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. (Ord. No. 890, 3-7-00) Sec. 24-26. - Election to manage the public rights -of -way. Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant Minn. Stat. § 237.163, subd. 2(b), to manage rights -of -way within its jurisdiction. (Ord. No. 890, 3-7-00) Sec. 24-27. - Definitions. The following definitions apply in this article of this code. References hereafter to "sections" are unless otherwise specified. Defined terms remain defined terms whether or not capitalized. Abandoned facility means a facility no longer in service or phyaically disconnected form a portign of the operating facility, or from any other facility that is in use or still carries service. A facility is not abandoned unless declared' so by the right-of-way user. ,1ptrlitant means any,person requesting permis5iun to excavate obstruct, Ater or make installation in aright -of -way. City means the city of Stillwater, Minnesota. For purposes of,see.24.48, city means its elected offelaispff i#1,. offcernffic rs, employees and agents. Collocate or allocation means to install, mount maintain, modify, pperakA, or replace a small wireless or micro wireless facility_on, under; within, or ar cent to an existing wireless stagport structure ill t is owned privately or by a local government, Commission means the State Public Utilities Commission. Congested tight-of-waymeans a crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minn. Stat. § 216D.04, subd. 3, over a continuous length in excess of 500 feet. Construction performance bond means any of the following forms of security provided at permittee's option: (1) Individual project bond; (2) Cash deposit; (3) Security of a form listed or approved under Minn. Stat. § 15.73, subd. 3; (4) Letter of credit, in a form acceptable to the city; (5) Self-insurance, in a form acceptable to the city; (6) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. Degradation means a decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation costsubject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. 5/14 [Formatted: Font: Book Antigua 12/7/2017 Stillwater, MN Code of Ordinances Degradation feemeans the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Department means the department of public works of the city. Department inspector means any person authorized by the city to carry out inspections related to the provisions of this article. Director means the director of the department of public works of the city, or her or his designee. 6/14 12/7/2017 Stillwater, MN Code of Ordinances Delay penalty is the penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. Emergency means a condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment means any tangible asset used to install, repair, or maintain facilities in any right-of-way. Excavate means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit means the permit which, pursuant to this section, must be obtained before a person may excavate in a right- of -way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee means money paid to the city by an applicant to cover the costs as provided inkeq Facility or Facilities means any tangible asset in the right-of-way required to provide service. High density corridor means a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Hole means an excavation in the pavement, with the excavation having a length less than the width of the pavement. l Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Book Antigua { Formatted: Strikethrough J.ocat, stain, or %a nativnafi rlestr r inty,, ear ti idle 1terran a pnn ro tirt site5r,�lrend?aarig ond distrirlsrnc ans any drea.of si nnt. -• Formatted: Font: Italic historical end tu..11oral significance which has-bevydcsigna_Itxl,.gr,g eligibl@ for ds.sigr tknn by the brat, stele oe netional government. Thew si ,l_ar s,0Lkh,ind di11u 1s shall Incluge.mi a lq cal s110, 701a01jnn rtvs MO,own Lay„dk irts . Formatted: Font Book Antigua Management costs means the actual costs the city incurs in managing its rights -of -Way, including such costs, if 1 Formatted: Font: 8.5 pt incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during 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 permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third- oeintmcior used by theCJ.tyr_the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minn. Stat. §§ 237.162 or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant tosss¢C. 24-5ll of this article, Obstruct means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction permit means the permit which, pursuant to this section, must be obtained before a person may obstructa right -of- way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. Obstruction permit fee means money paid to the city by a permittee to cover the costs as provided inzec 24-35. Patch or Patching means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five- year project plan. Pavement means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Permit has the meaning given "right-of-way permit" in -Minn. Stat. §-237.-162. as defined herein. Perrxit fee means money paid to the city_by a permittee to cover management costs, city engineering, make-ready and construction costs associated with the installation of small wireless facilities. Permittee means any person to whom a permit to excavatesar-obstruct, alter, or install upon a right-of-way has been granted by the city under this article. 7/14 Formatted: Font: Book Antigua Formatted: Character scale: 110% Formatted: Font: Book Antigua 12/7/2017 Stillwater, MN Code of Ordinances Person means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Probation means the status of a person that has not complied with the conditions of this article. Probationary period means one year from the date that a person has been notified in writing that they have been put on probation. Registrant means any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. Restore or Restoration means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. Restoration cost means the amount of money paid to the city by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission -rules. 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 city has an interest, including other dedicated rights -of -way for travel purposes and utility casements of the city.11 rigk iH-of-;vay- with-reg-t le-feltsiar-or ker-nan-wine-teleeematu ieations•or- Right-of-way permit means either the excavation pet -miter -the obstruction-permitsma1t wireless facilities permit, conditional/medal use permit, design permit or betkany combination thereof, depending on the context, required by this article. Right-of-way user means (1) a telecommunications right-of-way user as defined by Minn. Stat. § 237.162, subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, agreement or ordinance to use the public right-of-way. Service or Utility service includes (1) those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; aservices of a telecommunications right-of-way user, including transporting of voice or data information and wisgless internet_scruicgs; (3) services of a cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minn. Stat. Chapter 308A; and (6) water, sewer, steam, cooling or heating services, (-2) Srnalf Wireless Facility: 1) a wireless facility that meets both of the following qualifications: a) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of anantennae that ha expose elements, Um antenna and all its ex geed elements could fit within an enclosure of no more than six cubic feet; and b) all other wireless equipment associated with the small wireless facility, exclyding electric meters concealment elements, telecommunication demarcation boxes, battery backup_power systems, grounding equipment, power transfer switches, cutoff switches, cable, condui, 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 2$ cubic feet in volume; or 2), a micro wireless facili-f W i}ich is further defined as 'a small tireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high; and whose exterior antennadf any, is no longer than 1 1 inches. Supplementary application means an application made to excavate or obstruct more of the right-of-way than B/14 Formatted: Strikethrough Formatted: Character scale: 100% Formatted: Indent: Left: 0.21", No bullets or numbering Formatted: Font: Not Italic IFormatted: Indent: First line: 0.29" 12/7/2017 Stillwater, MN Code of Ordinances allowed in, or to extend, a permit that had already been issued. Temporary surface means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city's two- year plan, in which case it is considered full restoration. Trench means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Telecommunication right-of-way usermeans a person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information, or for providing wireless services. For purposes of this article, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. § 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this article except to the extent these entities are offering wireless service. Two year project plan shows projects adopted by the city for construction within the next two years. Wireless vacuity Permit means the permit which, pursuant to this article must be obtained before a person may instaII, place, maintain or operate_a small wireless facility in a public right-of-waylp_provide wireless service.. Wireless Facility Permit allows the holder ,conduct such activities in that part of the right-of- way described in such permit. A Wireless Facility Permit does not authorize: 1. providing any service other than a wireless service: or 2 instaltation,_nleurment, xnrfnfrntntt or gmerottioat of a wtrelinc 1r+tekhuutfacility in the fl *vf--rutty Wireless service means any service using licensed or unlicensed wireless spectrum, inrludin the use of Wi-FLhether at a fixed location or by means of a mobile device, that is provided using wireless facilities, Wireless service does not include services regulated undey Title Vl of the Communications Act of 1934, as amended, including cable service. bVirrless _rrtrrAOrl corarnmen/ means etluipment at a fixed loea4eri that enables the prevision of wireless services between user cyuzpmeni and a wmduding iEigment associate t+ith wirrle:rs service, a radio transceiver, antenna, coaxial or fiber optic cable, regular and backup wersii plies, and a small wireless facility, but not including wireless support structures, that are not otherwise immediately adjacent to and directly associate with a specific antenna. Wirettess support structure means a rtew or existing structure in a public right of way designed to supporter capable of supporting small wireless facilities,as reasonably determined a Inca l$nvcrtunent unit. l+lrirrline backhatu1 facility means a facility used to transport communications data by wire from a wireless facilily to a communications network. fFormatted: Indent: Left: 0.45", Space Before: 8.65 pt 1 Formatted: Font: Book Antigua, 10 pt Formatted: Space Before: 2.4 pt, After: 12 pt, Pattern: Clear (White) Formatted: Font: Font color: Dark Red, Expanded by 0.1 pt 121712017 Stillwater, MN Code of Ordinances (Ord. No. 890, 3-7-00) Sec. 24-28. - Administration. The director is the principal city offcial responsible for the administration of the rights -of -way, right-of- way permits, and the ordinances related thereto. The director may delegate any or all of the duties hereunder., (Ord. No. 890, 3-7-00) Sec. 24-29. - Registration and right-of-way occupancy. Subd.1. Registration. Each person who occupies, uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in, -or -on or over the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. Subd. 2. Registrationpriortowork. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the city. Subd. 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right- of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this article. However, nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One CallLaw. (Ord. No. 890, 3-7-00) Sec. 24-30. - Registration information. Subd. 1. Information required. The information provided to the city at the time of registration shall include, but not be limited to: (1) Each registrant's name, Gopher One Ca11 registration certificate number, address and e- mail address if applicable, and telephone and facsimile numbers. (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance or self-insurance: a. Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the city; b. Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its offcers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its offcers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; c. Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; d. Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; 1011 { Formatted: Character scale:110% 12/7/2017 Stillwater, MN Code of Ordinances e. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbr by the city in amounts suffcient to protect the city and the public and to carry out the purposes and policie (4) The city may require a copy of the actual insurance policies. (5) If the person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. (6) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. (Ord. No. 890, 3-2-00) Sec. 24-31. - Reporting obligations. Subd. 1. Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights - of -way. The plan shall include, but not be limited to, the following information: (1) (2) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this article, a "next -year project"); and To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this article, a "five-year project"). The term "project" in this article shall include both next -year projects and five-year projects. By January 1 of each year the city will have available for inspection in the city's offce a composite list of all projects of which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next -year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another registrant listed by the other registrant. Subd. 2. Additional next -year projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. (Ord, No. 890, 3-7-00) Sec. 24-32. - Permit requirement. Subd. 1. Permit required. Except as otherwise provided in this code, no person may obstruct aFexcavate, permanently install equipment within or over any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so. (1) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (2)- Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein 12/7/2017 Stillwater, MN Code of Ordinances on the right-of-way, to the extent and 12/1 12/7/2017 Stillwater, MN Code of Ordinances for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (Waken wireless facility permit, A. wireless faciiily permit is required by a registrant to erect or install a wireless sport structure, to collocate a small wireless facil) ,.,or to otherwise install a small wireless facility in the ight of way, to the extent specified therein, provided that puch permit shall remain in effect for the length of time the facility is in use, unless revoked. No wireless facility permit is required to solely conduct: a. routine maintenance of a small wireless facility,, b. replacement of a small wireless facility with a new facility that is substantially similar or smaller in sire, weight, height, wind or Structural loading, and conforms to and wiA all established design standards and original approvals than the small wireless facility that is being replaced Subd. 2. Permit extensions. No person may excavate obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd. 3. Delay penalty. In accordance with Minnesota Rule 7819.1000, subp. 3 and notwithstanding subdivision2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by city council resolution. Subd. 4. Permit display. Permits issued under this article shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. (Ord. No. 890, 3-7-00) Sec. 24-33. - Permit applications. Application for a permit is made to the city. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (1) Registration with the city pursuant to this article; (2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed-facititiesfaeilities (3)(2)_ _ Payment of money due the city for: a. Permit fees, estimated restoration costs and other management costs; b. Prior obstructions or excavations; c. Any undisputed loss, damage, or expense suffered by the city because of applicants prior excavations or obstructions of the rights -of -way or any emergency actions taken by the city; d. Franchise or agreement fees or other charges, if applicable. (4)(31_ -__Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110 % of the amount owing. j4) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards., (5} if applicable,. proof of pl annin xonin and herita a preservation compliance.eitherbr a. .I'he submission of an executed Design Permit or ConditionalLpeclal Use Permit; or i'he,iubmissinn of detailed design specifications outliningeonformance with established and adopted design standardsf essetforth in City Code Section 31-512, Regulation of towers and wireless facilities 13/1 { Formatted: Indent: Left: 0" rmatted: Character scale: 110% Formatted: Indent: Left: 0" Formatted: Indent: Hanging: 0.65", Right: 0.35", Space Before: 2.15 pt, Line spacing: Multiple 1.02 li Formatted: Character scale: 100% Formatted: Not Highlight Formatted: Indent: Hanging: 0.65", Right: 0.35", Space Before: 2.15 pt Formatted: Right: 0.35", Space Before: 2,15 pt Formatted: Font: Book Antigua, 10 pt, Not Highlight Formatted: Not Highlight Formatted: Font: Book Antigua, 10 pt, Not Highlight Formatted: Font: Book Antigua, 10 pt 12/7/2017 Stillwater, MN Code of Ordinances (Ord. No. 890, 3-7-00) Sec. 24-34. - Issuance of permit; conditions. Subd. 1. Permit issuance. If the applicant has satisfied the requirements of this article, the city shall issue a permit._ Small wireless facility permits shall be issued within ninety (90) days. Subd. 2. Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. (a) I'ermittee shall comply with all requirements of local, Mate, and federal laws, including but not limited to Minn. Stat. §§216t).01-.09 (Gopher One Cali Excavation Notice System) and Minn, R., ch, 7560, (b Small wireless facit ftormit shall only bg issued after the applicant has executed a standard small wireless (acil%collocation and kw agreement_with the city, `fhe stain and collocation agreementshallbe do addition to and n in lieu of the required small wireless facility permitprovided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. issuance of a small wireless focally permit does not suRersede, alter,or affett any_then a ushng agreement between the city arul applicant ir1T1e erection or insCa[Lation.of.a wtreless.support structure, the calocatinn of a small wireless facility, or other installation of a small wireless facility in the right of way, shall be subject to the following conditions: (1)In recognition of the special character of the community and the impact that the right of way has on the character of local, state, or nationally -designated, or eligible heritage preservation sites, landmarks and districts] and the city in general, no wireless facility or wireless support _ _ structure shall be located on the rights of way within these areas without issuance of applicable pia nfling, zoning. or heritage preservation permits. ,City Lode Section 31,512, Regulation of towers and wireless facililies,sheII apply. �) Qesign permit. /1 design permit shall be required for the installation of a wireless support structure, the cotocation of a small wireless facility, or other installation of a small wireless facility aiper the criteria found in City Code Sectton31-209, Desnpermi and standards set forth in City Code Section 31-512, Regulation of towers and wires facilities, shall apply to the evaluation of uch design permits. For proiectspropnsed in, on or over the right-of-way in or adjacent to local, state,_or nationally -designated, or eligible heritage preservation sites, landmarks and districts and other Design Review Districts that do not meet the criteria and standards set forth in City Code Section 31-209 and City Code Section 31-512, a Conditional Use Permit shall be required, b) Conditional use permit. A conditional use permit may be required to install a new wireless support structure for the.siting of a small wireless facility in the right of way in a district zoned for _single •family residential use, a local, st;ttc;,_or rtatiunallyzdesig•natedkareligible heritage . preservation sites, landmarks and diistnct ;as of the_date of application for a small wireless faciIj y permit. I he condittonal use permit criteria found in City Code Section 31-201, Special ese permit and conditional use permit shall apply to the evaluation of such conditional use permit applications. (2) A small wireless facility shall orgy becollocated onthe specified wireless, seppoort structure, under those attachment specifications and at the height indicated in the applicable permit application. Subd. 3 Action on Small Wireless Facility Permit Applications (a) Deadline for action. The city shall approve or deny a small wireless facilitypermit application within ninety f90) days after filing of such application. The small wireless facility permit, and any associated buildingpermit application. shall be deemed approved if the city fails to approve Or deny the application within the review periods rlablished in this section. 14/1 • Formatted: Font: Book Antigua, 10 pt Formatted: Font: Book Antigua, 10 pt Formatted: Font: Book Antigua, 10 pt Formatted: Normal, Indent: Lett: 0.45", First line: 0", Right: 0", Space Before: 0 pt, Line spacing: single, Don't hyphenate, Tab stops: -0.5", Left + 0", Left + 0.5", Left + 1", Left + 1.5", Left + 2", Left + 2.5", Left + 3", Left + 3.5", Left + 4", Left + 4.5", Left + 5", Left + 5.5", Left + 6", Left + 6.5", Left Formatted: Font: Book Antigua, 10 pt, Font color: Dark Red Formatted: Font: Book Antigua Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight l Formatted: Not Highlight fFormatted: Not Highlight { Formatted: Indent: Left: 1", First line: 0" IFormatted: Indent: First line: 0" 12/7/2017 Stillwater, MN Code of Ordinances (h)Consolidated applications. An applicant may file a consolidated small win less f�rility permi a plicaiinn addressing, the proposed collocation of into fifteen (15) sir all wireless facilities, gra greater number if agreed tQ b_ r e local gaverntnent unit, provided that all small wireless facilities in thegficatiot3,_ (1) are located within a two-mile radios, (g) consist of substantially similar equip tmentand 131 are to be placed on similar types ofwireless support structures. in rendering a decision on a consolid.ated.grrgnit application,.lhe citky_�g ma a rove some small wireless facilities and ._..._ deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (Moiling of headline. The 90-day deadline for action on a small wireless facility permit application may be called if: (1) The city receives applications from one or more applicants seeking approval of permits for more than thirty (30) small wireless facilities within a seven_(7) day ertod. loapch cases the citymay extend the deadline for ill such. applications by thirW11 days by informing the affected applicants in writingof such extension. f21'Ihe applicant fails to submit all required documents or information and the city provides written notice of incompleteness, with specificity as to the mussing information. to the applicant within thirty (301 days of receipt of the application. Upon submission of additional documents or information. the city shall have ten (101 days to notify the applint in writinggf any still -missing infort lion. f3) The city anti small wireless fadilily applicant agree in writin to tilt the review period. (Ord. No. 890, 3-7-00) Sec. 24-35. - Permit fees. 15/1 Formatted: Indent: First line: 0" 1217/2017 Stillwater, MN Code of Ordinances Subd. 1. The'cilyshall establish permit fees in the amount to recover the following costs (a)_Excavation permit fee. The-eityshaii-establish-an-exeasrati+Ext-permit-feeln•an-amount ttffeient-tv reeoveF-lthe- following eestak (1) (2) The city management costs; Degradation costs, if applicable. Su6d-.-4'(b),.Obstruction permit fee.-i'he city shall•estalalish• the elbstructien permit -fee and -shell in -an -amount suffotent-to-rover-the-ef ty-management- eeata. (1) The city management. costs; roircless facitn.,kreturn fee, y _ LAY, ar- emenk 9s-iN, anJ (1ity,engineering,; make-ready, and congatcttortcmts associated t ittt to collocation of mll suircles fasillta s, Subd. 3. Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing. Subd. 4. Non refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in ,,sec. 24-41, are not refundable. Subd.5. Application tofranchises and ggreemetf. Unless otherwise agreed to in a franchise or agreement, management costsmay be charged separately from and in addition to the franchise or agreement fees imposed on a right-of-way user in the franchise or agreement (Ord. No. 890, 3-7-00) Sec. 24-36. - Right-of-way patching and restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under pc. 24-37, Subd. 2. Patch and restoration. Permittee shall pa tch its own work. The city may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) (2) (3) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with correcting the defective work. Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. Subd. 4. Duty to correct defects. The permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee, upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days 16/1 Formatted: Underline, Character scale: 105% Formatted: Indent: Left: 0", First line: 0" Formatted: Not Highlight Formatted: Font: Book Antigua, 10 pt Formatted: Not Highlight Formatted: Font: Book Antigua, 10 pt Formatted: Font: Book Antigua, 10 pt, Not Highlight Formatted: Font: Book Antigua, 10 pt Formatted: Normal, Indent: First line: 0", Right: 0", Space Before: 0 pt, After: 9.75 pt, Line spacing: single, Pattern: Clear (White) Formatted: Font: Book Antigua, 10 pt, Not Highlight Formatted: Font: Book Antigua, 10 pt Formatted: Not Highlight Formatted: Font: Book Antigua, 10 pt Formatted: Font: Font color: Dark Red, Expanded by 0.1 pt Formatted: Font: Book Antigua Formatted: Font: Book Antigua 1217/2017 Stillwater, MN Code of Ordinances of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under ,,set. 24 3?.. Formatted: Font: Book Antigua 1 12/7/2017 Stillwater, MN Code of Ordinances Subd. 5. Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. (Ord. No. 890, 3-7-00) Sec. 24-37. - Other obligations. Subd. 1. Compliance with other laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including Minn. Stat. 216D.01-.09 (Gopher One Call Excavation Notice System). A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work, Subd. 2. Prohibited work. Except in an emergency, and with the approval of the city, no right-of-way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (Ord. No. 890, 3-7-00) Sec. 24-38. - Denial of permit. The city may deny a permit for failure to meet the requirements and conditions of this article or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. and future uses. The citty may deny a permit if the utility has failed to comply with previous permit conditions. The city may withhold issuance of a permit until the a_gpticant fs in compliance with the conditions of a previous permit. (b-j Procedural Requirements The denial of a right of way permit must be made in writin_.g-and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three (3) business days of the decision to deny a permit. if an application is denied, the right-of-way user may cure the deficiencies identified by the city and resubmit its application. If the application is resubmitted within thirty (30) days of receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the re-Slinfilltqd application within thirty (30) days after submission. (Ord. No. 890, 3-7-00) Sec. 24-39. - Installation requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minn. Stat. Secs. 237.162 and 237.163. (Ord. No. 890, 3-7-00) Sec. 24-40. - Inspection. 10/14 12/7/2017 Stillwater, MN Code of Ordinances Subd. 1. Notice of completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule 7819.1300. Subd. 2. Site inspection. Permittee shall make the work -site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd. 3. Authority of director. (1) (2) At the time of inspection the director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well being of the public. The director may issue an order to the permittee for any work which does not conform to the terms of the 10/14 12/7/2017 Stillwater, MN Code of Ordinances permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to sec. 1.22. (Ord. No. 890, 3-7-00) Sec. 24-41. - Work done without a permit. Subd. 1. Emergency situations. Each registrant shall immediately notify the director of any event regarding its facilities, which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within two (2) business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this section for the actions it took in response to the emergency. Subd. 2. Non -emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by the city code, deposit with the city the fees necessary to correct any damage to the right -of- way and comply with all of the requirements of this article. (Ord. No. 890, 3-7-00) Sec. 24-42. - Supplementary notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. (Ord. No. 890, 3-7-00) Sec. 24-43. - Revocation of permits. Subd. 1. Substantial breach. The city reserves its right, as provided herein, to revoke any right-of-way permit without a fee refund if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the 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; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to sec. 1.19. Subd. 2. Written notice of breach. If the city determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the city shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the city, at his or her discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. 11/14 12/7/2017 Stillwater, MN Code of Ordinances Subd. 3. Response to notice of breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that will cure the breach. Permittee's failure to so contact the city, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, permittee's failure to so contact the city, or permittee's failure to submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one (1) full year. Subd. 4. Cause for probation. From time to time, the city may establish a list of conditions of the permit, which if breached will automatically place the permittee on probation for one full year, such as, but not limited to, working out of the allotted time period or working on right-of-way grossly outside of the permit authorization. Subd. 5. Automatic revocation. If a permittee, while on probation, commits a breach as outlined above, permittee's permit will automatically be revoked and permittee will not be allowed further permits for one full year, except for emergency repairs. Subd. 6. Reimbursement of city costs. If a permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. (Ord. No. 890, 3-7-00) Sec. 24-44. - Mapping data. Subd. 1. Information required. Each registrant and permittee shall provide mapping information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. (Ord. No. 890, 3-7-00) Sec. 24-45. - Location and relocation of facilities. Subd. 1. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. Subd. 2. Corridors. The city may assign specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. Subd. 3. Nuisance. One year after the passage of this section, any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. (Ord. No. 890, 3-7-00) Sec. 24-46. - Damage to other facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of 12/14 12/7/2017 Stillwater, MN Code of Ordinances repairing any facilities in the right-of-way which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city's response to an emergency occasioned by that registrant's facilities. (Ord. No. 890, 3-7-00) Sec. 24-47. - Right-of-way vacation. Reservation of right. If the city vacates a right-of-way which contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. (Ord. No. 890, 3-7-00) Sec. 24-48. - Indemnification and liability. By registering with the city, or by accepting a permit under this article, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. (Ord. No. 890, 3-7-00) Sec. 24-49. - Abandoned and unusable facilities. Subd. 1. Discontinued operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this article have been lawfully assumed by another registrant. Subd. 2. Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city. (Ord. No. 890, 3-7-00) Sec. 24-50. - Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting. A decision by the city council affrming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. (Ord. No. 890, 3-7-00) Sec. 24-51. - Severability. If any portion of this article is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this article precludes the city from requiring a franchise_ agreement, -or other type of agreement, with the applicant, as allowed by law, in addition to requirements set forth herein. (Ord. No. 890, 3-7-00) Secs. 24-52-24-80. - Reserved. ARTICLE III. - STREET LIGHTING; LOCATION AND COSTS 13/14 12/7/2017 Stillwater, MN Code of Ordinances Sec. 24-81. - Street lighting regulations. Subd. Purpose. It is the council's intention to encourage the installation of street lighting throughout the city to 1. promote the general health, safety and welfare of the citizens of the city. Subd. 2. Location. (1) The council, upon a petition of at least 35 percent of the property owners in an existing subdivision or developed area or upon its own initiative, shall determine the streets, parks or other public and private areas on which the city will install and operate a street lighting system. (2) Before any service is furnished, the council shall schedule a hearing pursuant to the provisions of M.S. Chapter 429, as amended, at which time the council will consider the project. (3) The city may pay a portion of the costs of installation of street lighting systems as the council may by policy determine from general ad valorem tax levies or from other revenues or funds of the city available for that purpose. In the event the council elects not to pay all of the installation costs, the remaining unpaid portion shall be assessed against the benefited property owners as a public improvement following a public hearing and in full accordance with the provisions of M.S. Chapter 429, as amended. Subd. 3. Operating costs; assessments. (1) The city clerk shall keep a record of the costs of operation, maintenance and replacement of the street lighting system including clerical, administrative and incidental costs. (2) Those costs shall be apportioned to each lot and parcel of property benefited by the street lighting system, whether or not the property abuts the street or other public or private area in which the system is located. Further, the cots shall be apportioned to similar classes of property similarly. (3) The city council, based on the information, shall by resolution, determine the rate to be paid by each lot or parcel. (4) The city clerk shall quarterly, prepare a bill based on the adopted rate for each lot or parcel. The bill may be added to the sewer billing for each lot or parcel benefitted by the street lighting system. The amount billed will, thereupon, become immediately due and payable. (5) In accordance with M.S. § 429.101, the city clerk is authorized to certify the unpaid portion of any bill to the county auditor to be added to the tax rolls for collection with the real estate taxes. Subd. ]Penalty forlate payment.] A penalty charge as established from time to time by resolution of the city 3.5. council, shall be added to the amount to be certified to the county auditor to reimburse the city for administrative expenses resulting from the delinquency. (Ord. No. 938, § 1, 6-17-03; Ord. No. 962, § 5, 7-5-05) 14/14 Proposed modifications Various Code Sections March 14, 2018 Sec. 31-101. Definitions. Antenna when found in Section 31-512 (Regulation of Fad io lnd towers and wireless facilities) means any structure or device used for the purpose of collecting or radiating electromagnetic waves including, but not limited to small wireless facilities, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. Collocate or Collocation means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government. Essential services means: (a) Underground or overhead gas, electrical, steam or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings, wireless facilities, or transmission service; and (b) Transmission services, buildings and storage. Transmission service such as electrical power lines or a voltage of 35 kv or greater, or bulk gas or fuel being transferred from station to station and not intended for en route consumption or other similar equipment and accessories in conjunction therewith. FCC means the Federal Communications Commission Local, state, or nationally -designated, or eligible heritage preservation sites, landmarks and districts means any area of significant historical and cultural significance which has been designated, or is eligible for designation, by the local, state or national government. These sites, landmarks and districts shall include archaeological sites, conservation areas and overlay districts. Public utility means persons, corporations or governments supplying gas, electric, transportation, water, sewer, cable or land line or wireless Proposed Modifications Various Code Sections March 14, 2018 telephone service, and for providing wireless services, including transporting telecommunication, voice or data information, to the general public. Right-of-way means the area one below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights -of -way for travel purposes and utility casements of the city. Small Wireless Facility: 1) a wireless facility that meets both of the following qualifications: a) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antennae that has expose elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and b) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunication 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 (which is further defined as "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. Stealth towers when found in Section 31-512 (Regulation of radio and television towers) means a support structure that uses man-made trees, clock towers, bell steeples, flag pole, light poles and similar camouflaging designs that camouflage or conceal the presence of antenna or wireless facilities, structures and/or support equipment . This includes monopole towers where all antennas are internal to the tower. Tower when found in Section 31-512 (Regulation of radio and television towers) means any pole, spire, structure or combination thereof, including support lines, cables, wires, braces and masts intended primarily for the purpose of mounting an antenna, meteorological device or similar Proposed Mod►ticat►ons Various Code Sections March 14, 2018 apparatus above grade. Towers shall not include wireless support structures, as defined herein. Wireless facility means a tangible asset used to provide wireless telecommunication, voice, and/or data services, including all antennas, support devices and structures, accessory support equipment including pole and ground mount equipment, associated cables and attachments. Wireless facilities shall include any and all antenna herein. Sec. 31-209(c). Design Permit (Required when). For the proposed erection of installation of towers and wireless facility on public or private lands or structures, or in the right of way as per City Code Section 24-24, Right -of -Way Management, and City Code Section 31-512, Regulation of towers and wireless facilities. Sec. 31400. - Floodplain overlay district. Subd. 8 (Public utilities...) (a) Public utilities. All public and private utilities and facilities such as gas, electrical, sewer, water supply systems, and wireless facilities, including transporting of telecommunications, voice, and/or data information and wireless internet services, to be located in the floodplain shall be floodproofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. Sec. 22-7 - Heritage Preservation Commission, Subd. 5 (Additional powers and duties) The commission shall conduct review of certain types of projects, as outlined in City Code Section 31-209, Design Permit. Municode https://library.municode.com/print.aspx?h=&clientlD=13056&HTMReq... ti11WE Planning Department Sec. 31-512. Regulation of radio and television towers. Subd. 1 Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, general welfare and aesthetics of the community, the city council finds that this Section 31-512 is necessary in order to: (a) Facilitate the provision of wireless telecommunication services to the residents and businesses of the city; (b) Minimize adverse visual effects of towers and antennas through setting design standards; (c) Avoid potential damage to adjacent properties from tower failure through structural standards, lot size requirements and setback requirements; and (d) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Subd 2. Location preferences for antennas and towers. (a) Water towers. (b) Collocations on existing telecommunications towers. (c) Sides and roofs of buildings over two stories. (d) Existing power or telephone poles. (e) Government and utility sites. (f) School sites (9) Golf courses or public parks when compatible with the nature of the park or course. (h) Regional transportation corridors. Subd. 3. Antenna and towers in residential districts (RA, RB, RCM, RCH) Any person, firm or corporation erecting a tower or antenna in a residential district must obtain a conditional use permit from the city council and meet the following requirements: (a) Communication antennas, subject to the following conditions: (1) Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts. (2) All antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multicolored and may contain no signage, including logos, except as required by the equipment manufacturers or city, state or federal regulations. (3) An antenna placed on a primary structure may be no taller than 15 feet above the primary structure. Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street. (4) Towers are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting, and character of Stillwater's residential areas. (5) Minimum land area for freestanding tower sites in residential districts is one acre. (6) A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated. (7) A tower may not be located within 100 feet of any existing or planned residential structure. (8) A tower must be setback from a street line a minimum of the height of the tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subd. 2 of this Section 31-512 subject to design permit approval. 1 of 4 8/19/2014 11:36 AM Municode https://library.municode.com/print.aspx?h=&clientID=13056&HTMReq... Subd. 4. Stillwater West business park districts —Business park commercial, business park office, business park industrial (BP-C, BP-0 and BP -I). Any person, firm or corporation erecting a tower or antenna in the Stillwater West Business Park shall require a conditional use permit from the city council and meet the following requirements of Section 31-512: (a) Exception. Communication antennas attached to an existing structure or in preferred location which are no higher than 15 feet above the primary structure and are allowed as permitted use. (b) Conditions. Communication towers and antennas are subject to the following conditions: (1) A tower and antenna may be no more than 75 feet in height, 100 feet if collocated. (2) A tower may not be located within 300 feet of the property line of residentially zoned property. (3) A tower may be located no closer to a street property line than a distance equal to the height of the tower plus ten feet. (4) Minimum lot size is 0.5 acre for a primary tower use. (5) Towers may be located no closer than one-half mile to the closest tower or other collocation PWCS transmitting facility (6) If a tower is erected on a site with an existing primary structure, the site must have a space of 1,200 square feet set aside exclusively for tower use. The tower may not be located in the front or corner side yard setback area of the primary structure but to the rear of the site. Subd. 5. Central business district (CBD) and professional administrative (PA) district. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: (a) Towers are not allowed in the CBD and PA districts. (b) Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. (c) All support service equipment must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. Subd. 6 St. Croix River overlay district. No communication antenna or communication tower may be located in the St Croix River Overlay District, shoreland or floodplain districts. Subd. 7. Performance standards. All personal wireless communication towers erected, constructed, or located within the city must comply with the following requirements: (a) Colocation requirements. A proposal for a new personal wireless communication service tower may not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one -half -mile radius of the proposed tower due to one or more of the following reasons: (1) The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost. (2) No existing or approved towers or commercial/industrial buildings within a one -half -mile radius meet the radio frequency (RF) design criteria. (3) Existing or approved towers and commercial/industrial buildings within a one -half -mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and professional radio frequency (RF) engineer. 2 of 4 8/19/2014 11:36 AM Municode https://library.municode.com/print.aspx?h=&clientlD=13056&HTMReq.., (b) (4) The applicant must demonstrate that a good faith effort to collocate existing towers and structures within a one -half -mile radius was made, but an agreement could not be reached. Tower construction requirements. All towers erected, constructed or located within the city, and all wiring therefore, shall comply with the following requirements: (1) Stealth towers are the preferred tower design in residential districts. Monopoles are the preferred tower design in all other districts The city will consider alternative tower types in cases where structural; radio frequency design considerations; or the number of tenants required by the city, precludes the use of a preferred tower design. Guyed towers may not be used in any district. Lattice towers may not be used in any residential district. (2) Towers and their antennas must comply with all applicable provisions of this Code (3) Towers and their antennas must be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable reviewing agencies. (4) Towers and their antennas must be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code (5) Metal towers must be constructed of or treated with corrosion -resistant material. (6) Any proposed communication service tower of 100 feet in height must be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas at least one additional user To allow for future rearrangement of antennas upon the tower, the tower must be designed to accept antennas mounted at no less than 20-foot intervals. (7) All towers must be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) must be designed in a manner to preclude unauthorized climbing to be enclosed by a six -foot -high chain link fence with a locked gate. (8) All owners and their antennas and relative accessory structures must utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible. (9) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities. (10) Towers and their antennas may not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority. (11) No part of any antenna or tower, nor any lines, cable, equipment, wires or braces, may at any time extend across or over any part of the right-of-way, public street, highway or sidewalk. (12) All communication towers and their antennas must be adequately insured for injury and property damage caused by collapse of the tower. (13) All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council. After the facilities are removed, the site must be restored to its original or an improved state. (14) In addition to the submittal requirements required elsewhere in this Code, applications for building permits for towers and their antennas must be accompanied by the 3 of 4 8/19/2014 11:36 AM Municode https://library.municode.com/print.aspx?h=&clientlD=13056&HTMReq... following information: The provider must submit confirmation that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. ii. A report from a qualified professional engineer shall be submitted which does the following: a. Describes the tower height and design including a cross section and elevation; b. Demonstrates the towers compliance with the aforementioned structural and electrical standards; c. Documents the height above grade for all potential mounting positions, or collocated antennas and the minimum separation distances between antennas; d. Describes the towers capacity including the number and type of antennas that it can accommodate; and e. Confirmation by the provider that the proposed facility will not interfere with public safety communications. A letter of intent committing the tower owner or his successors to allow the shared use of the tower as long as there is no negative structural impact upon the tower and there is no disruption to the service provided. Subd. 8. Existing antennas and towers. Antennas, towers and accessory structures in existence as of July 1, 1997, which do not conform or to comply with this section are subject to the following provisions: (a) Towers may continue in use for the purpose now used and as now existing, but may not be placed or structurally altered without complying in all respects within this section. (b) If a tower is damaged or destroyed due to any reason or course whatsoever, the tower may be repaired or restored to its former use, location and physical dimension upon obtaining a building permit, but without otherwise complying with this section. Subd. 9. Obsolete or unused towers. All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations, unless a time extension is approved by the city council. If a time extension is not approved, the tower may be deemed a nuisance pursuant to Minn. Stat. Ch. 429. If a tower is determined to be a nuisance, the city may act to abate the nuisance and require the removal of the tower at the property owners expense. In the case of multiple operators sharing the use of a single tower, this provision will not become effective until all users cease operations for a period of six consecutive months. After the facilities are removed, the site must be restored to its original or to an improved state. (Ord No. 1007, § 1(c)—(g), 4-21-09) 4 of 4 8/19/2014 11:36 AM Existing Code Rewritten prior to Edit March 14, 2018 Sec. 31-512. Regulation of radio and television towers. Subd. 1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, general welfare and aesthetics of the community, the city council finds that this Section 31-512 is necessary in order to: a) Facilitate the provision of wireless telecommunication services to the residents and businesses of the city; b) Minimize adverse visual effects of towers and antennas through setting design standards; c) Avoid potential damage to adjacent properties from tower failure through structural standards, lot size requirements and setback requirements; and d) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Subd. 2. Location preferences for antennas and towers. (a) Water towers. (b) Collocations on existing telecommunicationstowers. (c) Sides and roofs of buildings over two stories. (d) Existing power or telephone poles. (e) Government and utility sites. (f) School sites. (g) Golf courses or public parks when compatible with the nature of the park or course. (h) Regional transportation corridors. Subd. 3. Permitting and Submittal Requirements. Any person, firm or corporation erecting a tower or antenna in a residential district or the Stillwater West Business Park shall require a conditional use permit from the city council. In addition to the submittal requirements required elsewhere in this Code, applications for building permits for towers and their antennas must be accompanied by the following information: (a) The provider must submit confirmation that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. (b) A report from a qualified professional engineer shall be submitted which does the following: (1) Describes the tower height and design including a cross section and elevation; (2) Demonstrates the tower's compliance with the aforementioned structural and electrical standards; (3) Documents the height above grade for all potential mounting positions, or collocated antennas and the minimum separation distances between antennas; (4) Describes the tower's capacity including the number and type of antennas that it can accommodate; and (5) Confirmation by the provider that the proposed facility will not interfere with public safety communications. (c) A letter of intent committing the tower owner or his successors to allow the shared use of the tower as long as there is no negative structural impact upon the tower and there is no disruption to the service provided. Subd. 4. Standards Existing Code Rewritten prior to Edit March 14, 2018 a) General Standards (1) Towers and their antennas comply with all applicable provisions of this Code. (2) Towers and their antenna must be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable reviewing agencies. (3) Towers and their antenna must be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. (4) All communication towers and their antenna must be adequately insured for injury and property damage caused by collapse of the tower. b) Siting (1) General (a) Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts. (b) Towers are not allowed in the CBD and PA districts. (c) No communication antenna or communication tower may be located in the St Croix River Overlay District, shoreland or floodplain districts (2) Towers (a) Residential 1) Minimum land area for freestanding tower sites in residential districts is one acre. 2) A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated. 3) A tower may not be located within 100 feet of any existing or planned residential structure. 4) A tower must be setback from a street line a minimum of the height of the tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subd. 2 of this Section 31-512 subject to design permitapproval. (b) Business Park 1) Minimum lot size is 0.5 acre for a primary tower use. 2) A tower and antenna may be no more than 75 feet in height, 100 feet if collocated. 3) The tower may not be located in the front or corner side yard setback area of the primary structure but to the rear of the site. 4) If a tower is erected on a site with an existing primary structure, the site must have a space of 1,200 square feet set aside exclusively for tower use. 5) A tower may be located no closer to a street property line than a distance equal to the height of the tower plus ten feet. 6) A tower may not be located within 300 feet of the property line of residentially zoned property. 7) Towers may be located no closer than one-half mile to the closest tower or other collocation PWCS transmitting facility. c) Design Review of Antennas and Towers. The purpose of design review is to protect the integrity, natural setting and character of downtown and its historic buildings and the national register historic district/Stillwater's residential areas. (1) General: (a) All support service equipment must be enclosed within an existing building or located Existing Code Rewritten prior to Edit March 14, 2018 and screened so as to be hidden from public view from the street or above. (b) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities (2) Antenna (a) All antennas must be designed and situated to be visually unobtrusive and screening as appropriate, not be multicolored and may contain no signage, including logo except as required by the equipment manufacturer or city, state or federal regulations. (b) An antenna placed on a primary structure may be no taller than 15 feet above the primary structure. Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street. (c) Lattice towers may not be used in any residential district. (3) Towers (a) Stealth towers are the preferred tower design in residential districts. Monopoles are the preferred tower design in all other districts. The city will consider alternative tower types in cases where structural; radio frequency design considerations; or the number of tenants required by the city, precludes the use of a preferred tower design. Guyed towers may not be used in any district. (b) All towers and their antennas and relative accessory structures must utilize building materials, colors, textures, screening and landscaping that effectively blend the towerfacilities within the surrounding natural setting and built environment to the greatest extent possible. (c) Towers and their antennas may not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority. (d) Metal towers must be constructed of or treated with corrosion -resistant material. (e) All towers must be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) must be designed in a manner to preclude unauthorized climbing to be enclosed by a six- foot -high chain link fence with a locked gate. (f)Any proposed communication service tower of 100 feet in height must be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas at least one additional user. To allow for future rearrangement of antennas upon the tower, the tower must be designed to accept antennas mounted at no less than 20-foot intervals. Subd. 5. Collocation. A proposal for a new personal wireless communication service tower may not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one -half -mile radius of the proposed tower due to one or more of the following reasons: (a) The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost. (b) No existing or approved towers or commercial/industrial buildings within a one -half -mile radius meet the radio frequency (RF) design criteria. (c) Existing or approved towers and commercial/industrial buildings within a one -half -mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as Existing Code Rewritten prior to Edit March 14, 2018 documented by a qualified and professional radio frequency (RF) engineer. (d) The applicant must demonstrate that a good faith effort to collocate existing towers and structures within a one -half -mile radius was made, but an agreement could not be reached. Subd. 6. Existing antennas and towers. Antennas, towers and accessory structures in existence as of July 1, 1997, which do not conform or to comply with this section are subject to the following provisions: (a) Towers may continue in use for the purpose now used and as now existing, but may not be placed or structurally altered without complying in all respects within this section. (b) If a tower is damaged or destroyed due to any reason or course whatsoever, the tower may be repaired or restored to its former use, location and physical dimension upon obtaining a building permit, but without otherwise complying with this section. Subd. 7. Obsolete or unused antenna and towers. All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations at the site unless time extension is approved by the city council. If a time extension is not approved, the tower may be deemed a nuisance pursuant to Minn. Stat. Ch. 429. If a tower is determined to be a nuisance, the city may act to abate the nuisance and require the removal of the tower at the property owner's expense. In the case of multiple operators sharing the use of a single tower, this provision will not become effective until all users cease operations for a period of six consecutive months. After the facilities are removed, the site must be restored to its original or to an improved state. Sec. 31-512. Regulation of radio and television -towers and wireless facilities. Subd. 1. Purpose In order to accommodate the communication needs of residents and business while protecting the public health, safety, general welfare and aesthetics of the community, the city council finds that this Section 31-512 is necessary in order to: a) Facilitate the provision of wireless telecommunication -services to the residents and businesses of the city; b) Minimize adverse visual effects of towers and antennas -wireless facilities through selling -design standardsby establishing design standards to protect the pjiblfc health, safety and welfare of local, state or nationally -designated, or eligible, heritage preservation sites, landmarks and districts; c) Avoid potential damage to adjacent properties and sensitive environmental areas from tower or wireles , fnrilpty failure through structural standards, lot size requirements and setback requirements; and d) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. Subd. 2. Location preferences for antennas -and -towers and wireless facilities. (a) Water towers. (b) Collocations on existing telecommunications towers to) Inconspicuous sSides and roofs of buildings over two stories, (d)(c) Existing power or telephone poles. (e)(d) Government and utility sites. (t)(e) School sites. (g)Jf) Golf courses or public parks when compatible with the nature of the park or course. (h)(q) Regional transportation corridors. Subd. 3. Permitting and Submittal Requirements. Any person -firm or corporation erecting a tewer-or antenna iri a residential disincrer--the Sliliwater West Business Park•shall requires -conditional use permit-f m-tie-sity-council:, a) Permitting Requirements. Any person, firm or corporation erecting or installing a tower or wireless facility shall obtain the following permits from the City. (1) Design Permit, A Design Permit is required for all new towers and wireless facilities in all-' districts to ensure compliance with the standards found herein and neighborhood compatibility. (2) Conditional Use Permit. i. Jlew wireless faclliJies proposed in the fight of way of a district zoned for single family residential„use o,in or adjacent to a local, sue, or nationally-desivated, or r'tigibie heritage preservation sites, landmarks and dlrstrictrtiunable to meet afl standards set forth herein shall require a Conditional Use Permit. li. stew wireless facilities posed on public or private lands shall require a Conditional Use Permit. Ili. New towers in any district reouire a Conditional Use Perm'*_ b) Submittal 13equlrements. In addition to the submittal requirements required elsewhere in this Code, applications for building permits for towers and their antennas must be accompanied Formatted: Font: 10.5 pt 7 Formatted: Not Highlight i Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25" Formatted: List Paragraph, Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" Formatted: Font: 10.5 pt, Not Highlight Formatted: Not Highlight L Formatted: Font: 10.5 pt, Not Highlight [Formatted: Font: 10.5 pt, Not Highlight [Formatted: Not Highlight Formatted: List Paragraph, Numbered + Level: 3 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Right + Aligned at: 1.13" + Indent at: 1.25" Formatted: Not Highlight Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, ... + Start at: 1 + Alignment: ,Left + Aligned at: 0" + Indent at: 0.25" c1 Subd. 4. Standards a) General Standards (1) Towers and wireless facilities their -antennas comply with all applicable provisions of this Code. (2) Towers and theant nnawireless facilities must be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable reviewing agencies (3) Towers and wireless fac•ililies their antenna must be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. (4) All oommuniisatien-towers and Iheir antennawireless facilities must be adequately insured for injury and property damage caused by collapse of the tower. b) Siting (1) General (a) Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts. 4))-Towers are not allowed in the CBD and PA districts, by the following information: (1) The provider must submit confirmation that the proposed tower andfor wireless facility complies with regulations administered by that agency or that the tower,or wireless facility is exempt from those regulations., (-1-)(2) Documentation regarding_collocation requirements. (-2 (31 A report from a qualified professional engineer shall be submitted which does the following: (a) Describes the towerandfor wireless facility height and design including a cross section and elevation; (b) Demonstrates the tower-& andfor wireless facility is incompliance with the aforementioned structural and electrical standards; (c) Documents the height above grade for all potential mounting positions, or collocated antennaswwireless facilities and the minimum separation distances between antennaswireless facilities; (d) Describes the towertsandlor wireless facilityLs capacity including the number and type of antennas that it can accommodate; and (e) Confirmation by the provider that the proposed facility will not interfere with public safety communications (3)(4)_ A letter of intent committing the tower,arncl'or wireless facility owner or his Formatted: Not Highlight successors to allow the shared use of the tower as long as there is no negative structural impact upon the tower and there is no disruption to the service provided. Criteria for Review of Construction and Alterations: (1) Whether the material. height. scale mass and placement of the proposed addition, Formatted: List Paragraph, Numbered + Level: 2 + modification or construction are visuaa_ and architecturally compatible or complimentary Numbering Style: 1, 2, 3, ,.. + Start at: 1 + Alignment: with the site and neighborhood, Left + Aligned at: 0.5' + Indent at: 0.75" (2) The effect of the proposed change on any adjacent local, state, or natianativ-designated, nr eligible heritampreservation sites, landmarks and districts,. (3) My applicable provisions of established design guidelines and standards. 1 scale: 100% Formatted: Font: (Default) Arial, 10.5 pt, Character scale: 100% Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight I Formatted: Not Highlight Formatted: Not Highlight • Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Font: (Default) Arial, 10.5 pt, Character IJ Formatted: Font: 10.5 pt (e)() No communication antenna,orcommunicationtower or wireless facility may be located in, or on right-of-way adjacent to or in the St Croix River Overlay District, Sshoreland Overlay or Ffloodplain Overlay districts. (2) Towers (a) Residential 1) Minimum land area for freestanding tower sites in residential districts is one acre 2) A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated. 3) A tower may not be located within 100 feet of any existing or planned residential structure. 4) A tower must be setback from a street line a minimum of the height of the tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subd. 2 of this Section 31-512 subject to design permitapproval. (b) Business Park 1) Minimum lot size is 0.5 acre for a primary tower use. 2) A tower and antenna may be no more than 75 feet in height, 100 feet if collocated 3) The tower may not be located in the front or corner side yard setback area of the primary structure but to the rear of the site. 4) If a tower is erected on a site with an existing primary structure, the site must have a space of 1,200 square feet set aside exclusively for tower use. 5) A tower may be located no closer to a street property line than a distance equal to the height of the tower plus ten feet. 6) A tower may not be located within 300 feet of the property line of residentially zoned property 7) Towers may be located no closer than one-half mile to the closest tower or other collocation PWCS transmitting facility. c) Design Review of \Antennas and -Towers ana_wireless facilities. The purpose of design review is to protect the integrity, natural setting and character of downtown and its historic buildings and the-nation-at-register.historic•district/Stillwater-'s residential aroosSlillwater including but not limited to, Stillwater's local, state or nationally -designated, or eligible, heritage preservation sites, landmarks, and historic districts. (1) General: (a) All towers and -their antennas and relative accessory structures and wireless facilities must utilize building materials, colors, textures, screening and landscaping that effectively blend the towerfacilities within the surrounding natural setting and built environment to the greatest extent possible. (b) All support service and accessory equipment or structures, minimized in quality arid must be enclosed within an existing building, located and screened so as to be hidden from public view from the street or -above or be Located underground. Any 3cessory equipper[ ui s:ru rurc,s, must be compatible with the design and mates of the primary structure and not visible from a public street (2)(c) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage including name, location identification„ and emergency contact information required by the manufacturer or by federal, state or local authorities. Use of the smallest and lowest visibility RF warning sticker andlor node ID sticker allowed by government or Formatted by utility regulations shall be the same color as the pole- Placement shall be away (moll adjacent residential structures and out of direct sight lines. (d) Towers and-their-antennaswiretess facilities may not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority. le) Eton -reflective, matte and anti -graffiti painting shall be required on all antenna brackets. cables, risers. PVC, shrouds, etc. shall be required- (a)(f) All towers, wireless facilities and support service and accessory equipment shall comply with City Code Section 35-3. Noise control and regulation. , 030__AntenneWireless Facilities la) Wireless facilities shall have an integrateclor concealed design. 1- Wireless facilities placed on the exterior of a structure must be camouflaged �. as an architectural element and located in a symmetrical, balance design, (a)(b)_All antennas -wireless facilities must be designed and situated to be visually unobtrusive, not be multicolored and ssreening-screened as appropriate.r not -be mutttcolered-and-ray-scar}lain-no-sig a . inoludingloga except -as -regal by -the equipment -maws factureF-or city late or federal regulations (b)(c) An antenna wireless facilities placed on a primary structure may be no taller than 1-6-10 feet above the primary structure. Any accessory-equipmentor:siruclures-must be-eompatible=with File design and-mated-als-ef-the-pfiensfyatruatare-and not=visible ft a —public treet, (4)(3) _Towers (a) Stealth towers are the preferred tower design in residential districts Monopoles are the preferred tower design in all other districts. The city will consider alternative tower types in cases where structural; radio frequency design considerations; or the number of tenants required by the city, precludes the use of a preferred tower design. Guyed towers may not be used in any district. (b) Metal towers must be constructed of or treated with corrosion -resistant material. (c) All towers must be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) must be designed in a manner to preclude unauthorized climbing to be enclosed by a six- foot -high chain link fence with a locked gate (d) Any proposed communication service tower of 100 feet in height must be designed, structurally, electrically and in all respects, to accommodate both the applicants antennas and comparable antennas at least one additional user To allow for future rearrangement of antennas upon the tower, the tower must be designed to accept antennas mounted at no less than 20-foot intervals (e) Lattice towers may not be used in any residential district. Subd. 5. Collocation. A proposal for a new personal wireless-cemrmunicalion-service-tower or wireless facility may not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower or wireless facility cannot be accommodated on an existing or approved tower wireless facility or building within a one -half -mile radius of the proposed tower due to one or more of the following reasons: (a) The planned equipment would cause interference with other existing or planned equipment at the tower, wireless facility, or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost. (b) No existing or approved towers, wireless facility or commercial/industrial buildings within a one- half -mile radius meet the radio frequency (RF) design criteria Formatted: Font: 10.5 pt J lFormatted: Font: 10.5 pt Formatted: Not Highlight Formatted: Tab stops: Not at 1.81" + 1.81" Formatted: Tab stops: Not at 1.81" + 1.81" Formatted: Font: 10.5 pt Formatted: Tab stops: Not at 1.81" + 1.81" (c) Existing or approved towers, wireless facilities, and commercial/industrial buildings within a one- half -mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and professional radio frequency (RF) engineer. (d) The applicant must demonstrate that a good faith effort to collocate existing towers, wireless facilities and structures within a one -half -mile radius was made, but an agreement could not be reached, Subd 6. Existing antennas -and -towers and wireless facilities. Antcanas;-tTowers and accessory structures and wireless facilities in existence as of,4uEy —1.997 , 2018, which do not conform or to comply with this section are subject to the following provisions: (a) Towers and wireless facilities may continue in use for the purpose now used and as now existing, but may not be placed or structurally altered without complying in all respects within this section. (b) If a tower or wireless facility is damaged or destroyed due to any reason or course whatsoever, the tower may be repaired or restored to its former use, location and physical dimension upon obtaining a building permit, but without otherwise complying with this section Subd. 7 Obsolete or unused antenna -and -towers and wireless facilities. All obsolete or unused towers and accompanying accessory facilities and wireless facilities must be removed within 12 months of the cessation of operations at the site unless time extension is approved by the city council. If a time extension is not approved, the tower may be deemed a nuisance pursuant to Minn. Stat. Ch 429. If a tower is determined to be a nuisance, the city may act to abate the nuisance and require the removal of the tower or wireless facility_at the property owner's expense In the case of multiple operators sharing the use of a single tower or wireless facility, this provision will not become effective until all users cease operations for a period of six consecutive months. After the facilities are removed, the site must be restored to its original or to an improved state