Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2018-04-11 CPC Packet
lllwatei THE BIRTHPLACE OF MINNESOTA AGENDA PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North April 11th, 2018 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of March 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 or 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. Casc No. 2018 02: Consideration of a Variance to the maximum structural coverage in the Street South. Michelle and Shane Quinn, property owners. Tabled to the May meeting per applicant's request. 3. Case No. 2018-10: Consideration of a Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 321 4th Street N in the RB District. Michelle Stober, property owner. 4. located at 350 Main St N located in thc CBD district. Stillwater Mills Commercial Partners, LLC., property owner and Patrick Jucttcn, applicant. Case will be heard by the City Council on May 1st, 2018. 5. Case No. 2018-12: Consideration of a Variance to the maximum fence height of a corner lot for the property located at 404 Owens St N located in the RB district. Stephen Martin, property owner. 6. Case No. 2018-13: Consideration of a Conditional Use Permit to operate a two unit Type C Short Term Home Rental to be located at 114 Main St N in the CBD District. Croixview Partners, LLC, property owner. 7. Case No. 2018-15: Consideration of a Conditional Use Permit Amendment for the property located at 123 2nd St N located in the CBD district. Judd Sather, property owner. 8. Casc No. 2018 01: Consideration of a Zoning Text Amendment to amend thc City Codc by adding exterior residential lighting standards. City of Stillwater, applicant. -Withdrawn per applicants request 9. Case No. 2018-14: Consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31-209: Design Permit, 31-400: Floodplain Overlay District, and Section 31-512: Regulation of Radio and Television Towers. City of Stillwater, Applicant. VI. ITEMS OF DISCUSSION 10. 2018 Commission Appointments and Chair Elections - No Staff Memo VII. FYI VIII. ADJOURNMENT THE 1I11TNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES March 14, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:02 p.m. Present: Chairman Collins, Commissioners Hade, Hansen, Lauer and Siess (left at 7:45 p.m.) Absent: Commissioners Fletcher and Kocon; Councilmember Menikheim Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of minutes of February 14, 2018 regular meeting Commissioner Siess mentioned that the City Council denied second reading of the ordinance related to retail uses in Business Park Industrial districts. Ms. Wittman replied that is not in the February 14 Planning Commission meeting minutes because the Council had not yet denied second reading; that action was taken at the February 20 City Council meeting. Motion by Commissioner Lauer, seconded by Chairman Collins, to approve the minutes of the February 14, 2018 regular meeting. Motion passed 4-0 with Commissioner Hansen abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS 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. Chairman Collins stated the public hearing will be tabled to the April meeting per the applicant's request. 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.) Chairman Collins stated the public hearing will be tabled to the April meeting per the applicant's request. Planning Commission March 14, 2018 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, applicant. Chairman Collins recused himself stating that he is on the Board of Directors of the Washington County Historical Society, the current property owner, and that the applicant has made an offer on the property. He turned the gavel over to Vice Chairman Lauer. Community Development Director Turnblad reviewed the application. 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, to be known as Boutwell Farm, shows 10 single family lots that are proposed to be zoned RA, Single Family Residential. Boutwell Farm Road will be constructed to serve the ten lots. The road will temporarily have access to Boutwell Road via an easement encumbering Lot 10. When the property immediately to the east develops, 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 and the 40 foot wide temporary road easement will be vacated, but a 30 foot wide utility easement will remain in place for public utilities that will be located there. The applicant has requested approval of: 1. Rezoning to RA, Single Family Residential; 2. Preliminary Plat known as Boutwell Farm for 10 single family lots. Staff recommends approval of the preliminary plat and rezoning with 17 conditions. Commissioner Siess asked if it was the City's idea or the developer's idea to bring the application forward before the wetland delineation was done. Mr. Turnblad explained it has not been possible to complete the delineation because of the season. Staff believes that the wetland delineation will not extend far enough up the hill to impact the building sites. Therefore staff was satisfied accepting the application with the condition that the delineation will be completed before the final plat. Applicant Kevin Von Riedel, Boutwell Farm LLC, stated he has a purchase agreement with the Washington County Historical Society to purchase the property and preserve the Boutwell House and granary building. He has a wetland delineator scheduled as soon as possible in mid to late April. Commissioner Hansen asked what is the intention with the preserved Boutwell House. Mr. Von Riedel replied that the south and eastern facades of the house will be preserved, the rest will be rebuilt, and it will be sold. He would not do this work, but would sell the house to a builder who specializes in doing this type of work. Commissioner Siess asked if the other houses will complement the Boutwell house. Mr. Von Riedel replied no, as an 1800s farmhouse, it is not a desirable style today. Because it faces Boutwell and the other homes will face the new street, it will have a feel of being off by itself. Vice Chairman Lauer opened the public hearing. Ion Capatina, 8160 Morgan Avenue North, expressed concern about past and future noise. He operates a business from his home which requires quiet. He questioned the City placement of a phosphorus filter in front of his house which caused bulldozer and equipment noise and will need to be replaced every few years. He added that the Boutwell House is in very bad shape with rodents and other issues. He would like to see the house repaired by the current owner and not become the responsibility of the Page 2 of 4 Planning Commission March 14, 2018 future builder. Mr. Capatina added that there are at least 100 old trees on the property whose cutting will generate noise with the potential for severely disrupting his work. Mr. Von Riedel replied that many of the trees are undesirable volunteer box elders. They are normally cut down with a hydraulic pinch, not a chain saw. The development of the site will probably take 45 days from the time of starting to remove trees to installing the street. Vice Chairman Lauer closed the public hearing. Commissioner Siess asked if decibel limits have ever been included as a condition of approval for a development. Community Development Director Turnblad said he has not seen a noise standard attached to a development because noise levels are addressed in the nuisance ordinance. Commissioner Siess said she would have a hard time approving this before the wetland delineation is done. Vice Chairman Lauer said knowing that the area is uphill from the existing wetland, he feels satisfied that the wetland delineation when completed won't impact the building sites, as staff stated. Commissioner Hansen asked if there is any intention of the Boutwell structures being used as an interpretive center necessitating public access. He questioned if the buildings would become an attractive nuisance and encourage people to go onto the property because they think it's public. Community Development Director Turnblad responded it will look clearly like private property. The granary and home will be on one lot and owned by one family. Ms. Wittman added that the proposed zoning is single family, so a change of use would require an application process. Commissioner Hade said he is uneasy approving this without an official wetland delineation. Mr. Turnblad reiterated that the wetland delineation must be done before the final plat application is submitted, before any dirt is moved. Motion by Commissioner Hansen, seconded by Commissioner Lauer, to recommend approval of Case No. 2018-09, Preliminary Plat and Zoning Map Amendment for the property located at 12588 Boutwell Road, with the 17 conditions recommended by staff. Motion passed 3-1, with Commissioner Siess voting nay. ITEMS OF DISCUSSION Residential Lighting Zoning Amendment Discussion Community Development Director Turnblad stated the City Council has received several complaints about a property on the north hill. Staff was directed to work on an amendment to address residential lighting. A survey of similar communities indicated most communities limit the brightness allowed in residential areas. Staff will look at potential standards and bring information back next month. Small Wireless Facilities Zoning Text Amendment Page 3 of 4 Planning Commission March 14, 2018 City Planner Wittman updated the Commission on progress of a small wireless facility future zoning text amendment. Because the proposed amendments will affect six sections of the City Code, there has been a lot of cross -analysis to ensure there are no gaps, or conflicts. Commissioner Hansen said he would like to see a continuum showing the City's preferred areas and areas that the City would prefer be avoided in siting the facilities. 2040 Comprehensive Plan Update Chairman Collins noted that the Commission is expected to attend a joint meeting of the Comprehensive Plan Advisory Committee, City Council, Planning Commission and Parks Commission at 6:30 p.m. May 23 in the Margaret Rivers Room of the Stillwater Public Library. Ms. Wittman added that a Polco survey is gathering input from citizens on a variety of questions. STAFF UPDATES 2018 Commission Appointments and Chair Elections City Planner Wittman reviewed term expirations. The seats of Chairman Collins and Commissioners Kocon and Lauer will expire in May. Staff has fielded many inquiries but no new applications have been received to date. The deadline for application submission is Friday, March 16. St. Croix River Crossing - materials in packet Ms. Wittman shared information on landscaping projects associated with the St. Croix River Crossing. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Hade, to adjourn the meeting at 8:21 p.m. All in favor, 4-0. Respectfully Submitted, Julie Kink Recording Secretary Page 4 of 4 iliwater H E BIRTH Pl A C E HP MIINFOT PLANNING COMMISSION MEETING DATE: April 11, 2018 CASE NO.: 2018-10 APPLICANT: Michelle Stober, property owner REQUEST: Conditional Use Permit for a Type C Short Term Home Rental to be located at 321 4th Street North ZONING: RB, Two -Family Residential COMP PLAN: Low/Medium Density Res. REPORT BY: Abbi Jo Wittman, City Planner BACKGROUND Michelle Stober owns the single family residence at 321 4th Street North and has submitted necessary applications to operate a Type C Short Tem Home Rental (STHR) at this property. A Type C STHR is a dwelling unit, offered to transient guests for a period of less than 30 consecutive days, which does not serve as the owners' primary residence. These types of STHR properties are typically investment properties and could either be operated by the owner or a manager. APPLICABLE REGULATIONS AND STANDARDS A Type C STHR license can be issued for a property in Stillwater if: 1) A Conditional Use Permit (CUP) has been approved by the Planning Commission; and 2) The CUP has not lapsed (in those instances where a license renewal is being requested, or a new owner wishes to operate the STHR); and 3) The STHR conforms to the standards set forth in City Code Section 31-514.1, Short-term Home Rental Regulations; and 4) The total number of STHR licenses does not exceed the allowed limit. The purpose of conditionally permitted uses is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts. In approving a Conditional Use Permits, it must be determined by the Planning Commission that: • The proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations; • Any additional conditions necessary for the public interest have been imposed; and • The use will not constitute a nuisance or be detrimental to the public welfare of the community. The Planning Commission's role in the STHR licensing process is to review for conformance with the established standards and either approve or deny the CUP request. The applicable review standards found in City Code Section 31-514.1 include: Zoning Type C Short Term Home Rentals are allowed by CUP in all Residential Zoning Districts. The subject property is zoned RB - Two Family, which allows STHRs by CUP. Performance Standards Parking: In residential zoning districts, guest parking must be accommodated on improved surfaces on the premises. The three -bedroom home, all of which are offered for guest use, requires a minimum of two parking spaces. The property has two off-street parking spaces available, which satisfies the parking requirement. However, one parking space is located in a garage. The guest disclosure must indicate the garage is available for guest parking. Furthermore, the second off-street parking space is proposed for the unimproved driveway. While the applicant has indicated she will have the driveway paved, it is only 15' deep. Therefore, many vehicles could extend over the property line and onto the sidewalk. The guess disclose must indicate cars parked in the driveway must not extend onto and over the sidewalk. Number of guests: The maximum number of guests allowed is limited to two times the number of bedrooms plus one. Limiting the number of guests allowed on a property is important for a number of reasons. They include safety of guests, preventing parking problems, and discouraging a property from becoming a "party house". The latter concern is particularly important because most overnight rental properties are located in residential neighborhoods rather than commercial neighborhoods. Given this, the maximum number of overnight guests in this three bedroom residence will be seven. Ordinance 1093 specifically requires a STHR's guests to abide by the City's nuisance ordinances, which must be included in all guest disclosures. To keep the line of communication open between neighbors and the STHR owner/manager, the ordinance requires current contact information to be distributed to neighbors and sets up a violation schedule. The property owner is aware that three substantiated complaints against the property will result in the loss of STHR license for six months. 321 4`" Street North STHR CUP April 11, 2018 Proximity of assistance: The STHR ordinance requires a manager/representative be located within 30 minutes travel time of the property. The property will be managed by Kelly Anderson who lives at 5816 Nutmeg Court, Oak Park Heights, located approximately 10 minutes from the property. Signage: No signage is allowed on STHR properties. Events: Events are not allowed to be hosted by guests on the premises. For purposes of the STHR Ordinance, an event means a gathering of more than three un-registered guests. The guest disclosure information (see attachment) clearly states this provision. Proof of Insurance Proof of appropriate and sufficient insurance was submitted with the CUP application form. Safety Inspection The safety inspection for this property was conducted on January 17, 2018. A number of deficiencies were identified but are scheduled for ratification. A condition of approval for the CUP will be that prior to issuing a Type C license, a final inspection must be passed. Total Number of STHR Conditional Use Permits Fifteen Type C Conditional Use Permits may be issued at any one time. To date, six Type C licenses have been issued; an additional six licenses have been proposed. ALTERNATIVES A. Approval. If the Planning Commission finds the Type C STHR proposal is consistent with the provisions of the CUP process and City Code Section 31-514.1, the Commission could move to approve the CUP with or without conditions. At a minimum, staff would recommend the following conditions of approval: 1. Parking - All guest parking must occur on the subject property. No parking may occur on the street. Before the CUP becomes valid, or the license is issued, the driveway must be improved from gravel to an impervious surface. 2. Number of guests - The total occupancy of the property shall be limited to seven. 3. Proximity of assistance a. The property owner or a manager/representative must be located within 30 minutes travel time of the property. b. The property owner must provide the name, address and phone number for the owner or manager/representative to all property owners within 150 feet of the lot lines of the STHR property. This must be completed within 10 days of issuance of the license. The owner must also provide the community development department with the neighborhood notification list within this 10 day time frame. c. The community development department must be notified within 10 days of a change in the contact information of the owner or manager/representative. The property owner must also notify neighboring properties within 10 days of a change in the contact information of the owner or manager/representative. 4. Garbage - As required by City Code, all garbage must be kept in rubbish containers that are stored out of view of a public street. 5. Signage - No signage identifying the Short Term Home Rental is allowed on the property. 321 4`" Street North STHR CUP April 11, 2018 6. Events - Events are not allowed to be hosted by guests on the premises. For purposes of Short Term Home Rentals, an event means a gathering on the premises of more than three un-registered guests. 7. Length of guest stay - The property is not permitted to be rented for a period of less than one whole day. 8. Guest records - The owner must keep guest records including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours' notice. 9. Guest disclosures a. The owner must disclose in writing to their guests the following rules and regulations prior to arrival. In addition the disclosures must be conspicuously displayed in the home. b. The name, phone number and address of the owner, operating or managing agent/representative. c. The maximum number of overnight guests at the property at a time is limited to seven. d. The maximum number of vehicles at the property is limited to two: one in the garage and one on the driveway. Vehicles parked in the driveway may not extend onto and over the sidewalk. No on -street parking is allowed for guests. e. Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities. f. City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. g. No events with more than three unregistered guests are permitted. 10. License number - The owner must post their city license number on all print, poster or web advertisements, in addition to posting it on the booking agent's website. 11. Lodging tax - The owner, or booking agent on their behalf, is required to pay the city lodging tax quarterly. If no sales are made during a quarter, a report must none -the -less be submitted to the city stating that no sales were made or lodging tax collected during that quarter. 12. Conditional Use Permit Expiration - The Conditional Use Permit will expire if the property is not operated as a Short Term Home Rental for a period of twelve consecutive months. 13. Issuance of Conditional Use Permit - Prior to issuance of the Conditional Use Permit or the license, the safety inspection and any corrections must be approved by City inspectors. 14. Table. If the Planning Commission finds the request to have incomplete information, the case could be tabled. 15. Denial. If the Planning Commission finds the request to be inconsistent with the provisions set forth for Conditional Use Permits or City Code Section 31-514.1, it could be denied. With a denial, the basis of the action should be given. FINDINGS AND RECOMMENDATION Staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans, other lawful 321 4`" Street North STHR CUP April 11, 2018 regulations, and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends conditional approval of a Conditional Use Permit for a Type C Short Term Home Rental to be located at 321 3rd Street North. ATTACHMENTS Site Location Map Floor Plans Guest Disclosure 321 4`" Street North STHR CUP April 11, 2018 \_ixo e twater • Ali. �"� T .� �� „._ . ..... , It1 r _. : . , '� P The Birthplace W',4/& of Minnesota NV. SI r �s . Site Location Map 321 4th Street North • .i R` 0 115 230 460 Feet 1 , le` \�8�� M • - PSG General Site Location \j �,4. r�� , \ ° 011111 T1 f 7nT' i JT‘ ill".• ' '�� • x� o l ,r,r^' �1 ; t�• •'4+;.. ���.,: I� '•N --•''� ' '* •- �; 1, �.r Borrower Michelle Stober Property Address: 321 4th St N Ciiv: Stillwater Lender. Anchor Bank, A Division of Old National Bunk 1 Car Detached Deck aft First Floor FLOORPLAN SKETCH bile No : 173471A Case N. - Stem MN _ Zip: 55082 1 Cot OutSide Storage 20ft Family Room Dining Room IGtchen w 2 Living Room 20ft 1Cft pv) ' 10ft Laundry r Furnace a1 w Swot Rec Room — 20ft Second Floor First'lacr 7o0A f'Itst Floer Second Fleur 5cnond Floor Ho mixing Area - 1 car Ctlaclled 2cu WO Deck 104 fP Eaaen enl 650 ft= Ou;Srde Slora a 130ft 3000 27ft x Basement t 10 ft x1.00=700rtr 201i x 1.00. lea r' x 1.00 x 540 rt' 20ft x 1.00 = 640 rt. 2855 Anthony Lane South, Suite 145, Minneapolis, Minnesota 55418 612/781-0605 Fax: 612f781-7826 Stillwater ak6 Sanctuary? 321 4 St, N Ste, MN ssosz the Stillwater Sanctuary! Stillwater, Minnesota was voted as America's Most Picturesque Small Towns. We hope your stay here ivt Stillwater is wonderful! As our guests and guests of the community, we are happy to have you with us and would like to point out that your stay may be more enjoyable For everyone if you keep the following in mind: Property Manager: Kelly Anderson Phone: ,51- 8 94 -4257 Owner: Michelle Stober Phone: 651-260-59 8 9 email: info@stillwatersanctuary.net Address: 2171 Oak Glen Trl Stillwater, MN Property Basics: 1. Internet: User: Stillwater Sanctuary Password: flagship 2. TV: Master and Porch: ATT/Direct TV (See channel listing by TV on porch) 3. Parking: 1- car garage, I car parking in driveway 4. No more than 7 guests allowed 5. Property rules related to use of outdoor features: a. Deck can be used- no grills allowed on deck. b. No recreational fires allowed. 6. City noise ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. 7. No events are allowed to be hosted on the premises. That means that no more than three unregistered guests can gather on the property. 8. Useful phone numbers a. Fire department (non -emergency) 651.351-4950 b. Police department (non -emergency) 651.351-4900 2. Useful websites i. Stillwater Convention and Visitor's Bureau http://www.discoverstillwater.cow/ ii. Stillwater Independent Business Association kttp://www.mainstreetstillwateriba.com/ iii.Stillwater Area Chamber of Commerce http://greatersti Ilwaterchavv,ber.covn/ Property Details: • Extra blankets/linens in closets • Cleaning supplies: Under kitchen sink. f3roovn and Swifter- behind door in kitchen to basement • Garbage /recycling: cans are in garage. Garage door opener is on the window ledge as you enter the front door. Garbage day is Wednesday • Shampoo/ Conditioner/Shower Gel on shelf in upstairs bathroom and in basement bathroom. • Hair dyers are in vanity in both bathrooms • Cookie sheet/pizza pan is stored in the oven • Coffee is in drawer below the Keurig Coffee Maker • Extra paper products for bathrooms are in vanities iliwater T H E H I FIT H P L A C E OF M I N N E S O I A PLANNING COMMISSION DATE: APPLICANT: Patrick Juetten, Chief Manager, Stillwater Mills Commercial Partners REQUEST: Amendment to existing Special Use Permit for Stillwater Mills on Main PREPARED BY: Bill Turnblad April 5, 2018 CASE NO.: 2018-11 BACKGROUND On November 18, 2003 the City Council approved a Special Use Permit for Stillwater Mills on Main. The case came to the Council on appeal from the Planning Commission, who denied the use permit. The Council approved the use permit by adopting Resolution 2003-241. Condition 6(J) of the resolution states that all commercial parking is to be available for use by the general public during the hours when the commercial properties are not open for business. Patrick Juetten, Chief Manager of the Stillwater Mills Commercial Partners (owners of the commercial space) has submitted an application to the City requesting an amendment to Resolution 2003-241 that would delete Condition 6(J). Since the Planning Commission normally approves Special Use Permits, the Planning Commission would normally also be required to take action on any proposed amendments to those Special Use Permits. Consequently, staff scheduled a hearing for the Planning Commission. However, when analyzing the submitted application, staff was reminded that the subject Special Use Permit was approved by the City Council, not the Planning Commission. And, by city code, the body that approves a use permit is required to review and take action on any amendments to it. So, the hearing before the Planning Commission has been cancelled and will be replaced by a hearing before the City Council on May 1st. ACTION REQUESTED This memo is for informational purposes only. No action is required by the Planning Commission. bt liwater THE BIRTH P L A TE OF MINESOJ PLANNING COMMISSION MEETING DATE: APPLICANT: REQUEST: ZONING: PREPARED BY: April 11, 2018 Stephen Martin, property owner CASE NO.: 2018-12 Consideration of a 30" variance to the 42" maximum fence height in front and exterior side yard setback areas [City Code Section 31-508 subd. 3(e)] for the construction of a 72" fence on the south property line of the property located at 404 Owens Street North. RB - Two -Family Residential Erik Olson -Williams, Zoning Administrator/Assistant Planner REQUEST Stephen Martin is requesting a 30" variance to the 42" maximum fence height in his exterior side yard to allow the construction of a 72" privacy fence. The fence is to be installed around an existing retaining wall (pictured below) and concrete patio, both of which were constructed prior to the current owner purchasing the property. Per the applicant, the purpose of the fence is to provide a private space for his children to play, to prevent his dog from leaving the property, and to provide privacy for use of the patio. Photo via Google Maps, dated August 2017. APPLICABLE REGULATIONS AND ANALYSIS The purpose of a variance is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance" and "...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." 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. The applicant must demonstrate that: 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 fence height requirement is to promote an open and engaging streetscape. As seen in the attached application materials, the proposal is to install a six-foot privacy fence along Linden Street. The fence would be of a continuous, wood design. Gates are proposed at the front of the property, facing Owens Street and at the rear of the property, facing the adjacent property to the west. However, no gates or other breaks in the fence are proposed in the non -conforming portion, facing Linden Street. The proposed design of the fence does not meet the intent of the maximum fence height requirement by not providing an open and engaging streetscape along Linden Street. Instead, it will lead to a tunneling effect along Linden. This being said, the fence design will preserve the open and engaging streetscape of Owens Street, which is a more prominent and well - traveled street than Linden. There are no sidewalks or other pedestrian amenities on Linden Street, so little foot traffic is expected, making the impact of this non- conformity less than it would be on Owens. The variance is consistent with the comprehensive plan. There are no application elements that are in conflict with the Comprehensive Plan. Case No. 2018-12 CPC: 4/11/2018 Page 2 of 4 The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: 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; The property owner proposes to use the land in a reasonable manner, as it is reasonable to have a fence in a residential area. Though, the owner could construct a fence that does not exceed the maximum height requirement. Or, a six foot fence could be constructed if it were no closer to Linden than the south wall of the house. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The plight of the landowner is not due to circumstances unique to the property. It is true that the retaining wall and patio mentioned previously were constructed prior to the applicant's purchasing of the property, and that to avoid both of these improvements, it is easiest to build the fence closer to the street than in line with the south wall of the house1. None the less, except for increased cost, the southern edge of the poured concrete patio could be removed for the fence footings. Or, perhaps with the right type of hardware, the fence posts could be bolted right to the concrete patio. In any event, there are reasonable options available that would make a six foot tall privacy fence possible without the requested variance. The variance, if granted, will not alter the essential character of the locality. The variance will alter the essential character of the locality. The wood design of the proposed fence would be in keeping with the design standards for the area, but the height of the fence would contribute to a tunneling effect along Linden Street. ALTERNATIVES The Planning Commission has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a 30" variance to the 42" maximum fence height in exterior side yard 1 Constructing the six foot tall fence in line with the north wall of the house would not require a variance. Case No. 2018-12 CPC: 4/11/2018 Page 3 of 4 setback areas [City Code Section 31-508 subd. 3(e)] for the construction of a 72" fence on the south property line of the property located at 404 Owens Street North, 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. 2018-12. b. A fence permit shall be reviewed and approved prior to any construction occurring on the property. c. 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. 3. Table the application and request additional information from staff or the applicant. FINDINGS AND RECOMMENDATION On the basis that the plight of the landowner is not due to circumstances unique to the property, that the variance, if granted, will alter the essential character of the locality, and that the variance is contrary to the intent of providing an open streetscape, staff recommends denial of the variance request. ATTACHMENTS Site Location Map Narrative Site Plans Fence Design Case No. 2018-12 CPC: 4/11/2018 Page 4 of 4 w w J11wa ter s `- . r . CK The Birthplace of Minnesota S a —fi, t, ord or:Pr' - ,; _ Tv I_f_ U .— Nilo w✓ J_ w Site Location Map O ;#_ _ w LAW.- barna mi CD 404 Owens Street North w H _ CK ~ U) O O z z STREET w 1111 WEST 0 90 180 360 Feet z 4.. ( r General Site Location 4/J ,,,,, .. ____, —� LLI .i t .._.._.. . _..i .���,� ��� , , At'.:AIL COV III 1 �' J ilk Jt 1 / ro WEST 0 a .Ai• l : ° L E� ��'' .- I r !. Stephen Martin/ Nicole Rush 404 Owens Street N Stillwater MN, 55082 03/15/18 Community Development Department City of Stillwater 216 North Fourth Street Stillwater MN 55082 To whom it may concern, We are writing to request a variance to allow us to build a 6' fence around our yard at 404 Owens Street N. We purchased our house December 15, 2017. We are very happy with the purchase, and excited to be new residents of Stillwater. When we bought the house we did realize how busy Owens Street is, but thought that we would be able to build a privacy fence. The first reason that we would like to build a 6' fence is to create a little privacy for our back yard from Owens. We have young children and we would like them to be able to play in the back yard without the watching eyes of foot/car traffic. The second reason that we would like to build a 6' fence is to keep our dog inside the yard. She is very friendly and would love to go and see all of the people/dogs that walk by. She has "escaped" from the house twice since we have moved in. She promptly ran across Owens to go and see the neighbor dog. We do know that she was able to jump over a 41 fence that we had at our previous house. Lastly there are a few other small reasons for the request. Cars going north bound on Owens and turning onto Linden have their head lights shine into our living room and dining room. There is also a lot of late night foot traffic from the bar down the street. Sincerely, Stephen Martin Stillwater variance statues: 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 controls. Adding a privacy fence will allow better use of the yard because we can entertain guests without affecting neighbors in a negative manner, our dog will be contained and our kids will be sheltered from walking traffic and vehicles (enduring their safety). It will also enhance the curb appeal of our house and surrounding properties. It will aid in our upcoming plans for landscaping the yard as well. The plight of the land owner is due to circumstances unique to the property and that are not created by the land owner. We purchased the house with a cement patio and retaining wall already in place. These features were built to ensure that the property had adequate drainage, avoiding water going directly into our crawl space. Because this was done previous to us purchasing the property, our only option to be compliant with Stillwater's fence restrictions would be to either remove the retaining wall and relevel the property OR build our fence around the current retaining wall on the property line. We understand that the fence restrictions allow for a 42" fence on the property line because of our corner lot but request a taller privacy fence placed on the property line for all reasons listed above. The variance, if granted, will not alter the essential character of the neighborhood. We feel that the proposed privacy fence falls in line with the character of the neighborhood. It will be stained to match our existing front porch and add curb appeal to the lot. We've noticed a few corner lots on Owens street N. that have privacy fences on the property so ours would not look out of place for the area. And, we plan on landscaping around the fenced area in next few years. This will add beauty not only our property but also give the neighborhood a delightful corner to admire! Thank you for your consideration of our proposed variance. 2 404 OWENS STREET N Hotmail.com m m c IP i_ cv 2 c c L -C CO Q 2 a) c V) CZL 0 C c 4I 1 V) LLJ Cell: 651-245-9876 Nicole Rush E-mail: C2Rush Cell: 651-329-8451 5 W j cc Q Q V ▪ w Z w • > LU N pC L u 0 J 2 Z CL v W CC W W a cc C7 ri N Cr; 4 ^0 0 CO (Not to exact scale) OWENS S L.._ r-I Ni cri 4 c CO D 0 CO W U c LL (Not to exact scale) c co 0 D 0 > CO w U c cu LL (Not to exact scale) ,.ZL aq II!M 142iaq XvW aDuaj •umogs auo ale2 /axial psodoJd iliwater H E 8 I I T H P l A C E YIP M I N N i S O r d PLANNING COMMISSION MEETING DATE: April 11, 2018 CASE NO.: 2018-13 APPLICANT: Alon Ventura, representing Croixview Partners LLC, property owner REQUEST: Conditional Use Permit for two (2) Type C Short Term Home Rentals to be located on the second story of the structure at 114 Main Street North ZONING: CBD, Central Business District COMP PLAN: DMU, Downtown Mixed Use REPORT BY: Abbi Jo Wittman, City Planner BACKGROUND Croixview Properties owns the commercial structure located at 114 Main Street North and has submitted necessary applications to operate two (2) Type C Short Tem Home Rentals (STHR) at this property. A Type C STHR is a dwelling unit, offered to transient guests for a period of less than 30 consecutive days, which does not serve as the owners' primary residence. These types of STHR properties are typically investment properties and could either be operated by the owner or a manager. APPLICABLE REGULATIONS AND STANDARDS A Type C STHR license can be issued for a property in Stillwater if: 1) A Conditional Use Permit (CUP) has been approved by the Planning Commission; 2) The CUP has not lapsed (in those instances where a license renewal is being requested, or a new owner wishes to operate the STHR); and 3) The STHR conforms to the standards set forth in City Code Section 31-514.1, Short-term Home Rental Regulations. 4) The total number of STHR licenses does not exceed the allowed limit. The purpose of conditionally permitted uses is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner. In approving a Conditional Use Permits, it must be determined by the Planning Commission that: ■ The proposed structure or use conforms to the requirements and the intent of the Zoning Code, and of the comprehensive plan, relevant area plans and other lawful regulations; ■ Any additional conditions necessary for the public interest have been imposed; and • The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The Planning Commission's role in the STHR licensing process is to review for conformance with the established standards and either approve or deny the CUP request. The applicable review standards found in City Code Section 31-514.1 include: Zoning The subject property is zoned CBD. Type C Short Term Home Rentals are allowed by CUP in residences located in the Central Business District (CBD). Performance Standards Parking: In the CBD, all guest parking must be accommodated on improved surfaces on the premises or a parking mitigation plan must be found acceptable by the Downtown Parking Commission (DTPC). Each of the two units contain a single bedroom, both units are offered for guest use. This requires a minimum of two parking spaces (one for each unit). The property owner is proposing a mitigation plan which would require the purchasing of monthly permits where overnight guests may park in designated downtown parking lots. While this request has not been reviewed and approved by the Downtown Parking Commission, there is not a change in use from the existing (long-term) residential rental. Therefore, the STHR will not create a change in use that will increase the demand of the public parking system. Therefore, it is anticipated the Downtown Parking Commission will accept this mitigation proposal. However, a condition of approval will need to state parking requirements must be met in order for the STHR licenses to be approved. Number of guests: The maximum number of guests allowed is limited to two times the number of bedrooms plus one. Limiting the number of guests allowed on a property is important for a number of reasons. They include safety of guests, preventing parking problems, and discouraging a property from becoming a "party house". Given this, the maximum number of overnight guests in each of the individual, one -bedroom units will be three. Ordinance 1093 specifically requires a STHR's guests to abide by the City's nuisance ordinances, which must be included in all guest disclosures. To keep the line of communication open between neighbors and the STHR owner/manager, the ordinance requires current contact information to be distributed to neighbors and sets up a violation schedule. The property owner is aware that three substantiated complaints against the property will result in the loss of STHR license for six months. Proximity of assistance: The STHR ordinance requires a manager/representative be located within 30 minutes travel time of the property. The property will be managed by Del Ray Espelien who lives at 6375 St. Croix Trail N. #148, located approximately three (3) minutes from the property. Signage: No signage is allowed on STHR properties. Events: Events are not allowed to be hosted by guests on the premises. For purposes of the STHR Ordinance, an event means a gathering of more than three un-registered guests. The guest disclosure information (see attachment) clearly states this provision. 114 Main Street North STHR CUP April 11, 2018 Proof of Insurance Proof of appropriate and sufficient insurance was submitted with the CUP application form. Safety Inspection The safety inspection for this property was conducted on March 29, 2018. A number of deficiencies were identified. While many of the issues are customary and routine, such as the installation of smoke and C.O. detectors, some are greater life, health and safety concerns. Building Official Shilts has observed a rear deck that, while some repairs need to be made, it does not conform to the current railing spindle separation requirements. However, if the deck is repaired, opposed to replaced, it can remain as is. That said, she has indicated she would like the guest disclosure to indicate the current rear deck does not meet current building code requirements. Rectification of some of the deficiencies requires review and approval by the City' Heritage Preservation Commission prior to the issuance of a building permit. To ensure the safety of guests, a condition of approval for the CUP will be that prior to issuing a Type C license, a final inspection must be passed. Total Number of STHR Conditional Use Permits Fifteen Type C Conditional Use Permits may be issued at any one time. To date, six Type C license have been issued and an additional six have been proposed. ALTERNATIVES A. Approval. If the Planning Commission finds the Type C STHR proposal is consistent with the provisions of the CUP process and City Code Section 31-514.1, the Commission could move to approve the CUP with or without conditions. At a minimum, staff would recommend the following conditions of approval: 1. Parking - If found acceptable by the Downtown Parking Commission, the property owner shall purchase a single monthly parking permit for each unit. If the property owner fails to obtain approval of a parking mitigation plan, the STHR licenses shall not be issued. 2. Number of guests - The total occupancy of each of the two units is limited to three. 3. Proximity of assistance a. The property owner or a manager/representative must be located within 30 minutes travel time of the property. b. The property owner must provide the name, address and phone number for the owner or manager/representative to all property owners within 150 feet of the lot lines of the STHR property. This must be completed within 10 days of issuance of the license. The owner must also provide the community development department with the neighborhood notification list within this 10 day time frame. c. The community development department must be notified within 10 days of a change in the contact information of the owner or manager/representative. The property owner must also notify neighboring properties within 10 days of a change in the contact information of the owner or manager/representative. 4. Garbage - As required by City Code, all garbage must be kept in rubbish containers that are stored out of view of a public street. 5. Signage - No signage identifying the Short Term Home Rental is allowed on the property. 114 Main Street North STHR CUP April 11, 2018 6. Events - Events are not allowed to be hosted by guests on the premises. For purposes of Short Term Home Rental, an event means a gathering on the premises of more than three un-registered guests. 7. Length of guest stay - The property is not permitted to be rented for a period of less than one whole day. 8. Guest records - The owner must keep guest records including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours' notice. 9. Guest disclosures a. The owner must disclose in writing to their guests the following rules and regulations prior to arrival. In addition the disclosures must be conspicuously displayed in the home. b. The name, phone number and address of the owner, operating or managing agent/representative. c. The maximum number of overnight guests at the property at a time is limited to three in each of the two units. d. Parking will be in designated City of Stillwater permit parking lots. e. Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities. f. City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. g. No events with more than three unregistered guests are permitted. h. For unit #2, indication that the rear deck does not conform to current railing separation requirements. 10. License number - The owner must post their city license number on all print, poster or web advertisements, in addition to posting it on the booking agent's website. 11. Lodging tax - The owner, or booking agent on their behalf, is required to pay the city lodging tax quarterly. If no sales are made during a quarter, a report must none -the -less be submitted to the city stating that no sales were made or lodging tax collected during that quarter. 12. Conditional Use Permit Expiration - The Conditional Use Permit will expire if the property is not operated as a Short Term Home Rental for a period of twelve consecutive months. 13. Issuance of Conditional Use Permit - Prior to issuance of the Conditional Use Permit or license, the following shall occur: a. Safety inspection and any corrections must be approved by City inspectors; and b. Any exterior modifications shall be reviewed and approved by the Heritage Preservation Commission. 14. Table. If the Planning Commission finds the request to have incomplete information, the case could be tabled. 15. Denial. If the Planning Commission finds the request to be inconsistent with the provisions set forth for Conditional Use Permits or City Code Section 31-514.1, it could be denied. With a denial, the basis of the action should be given. FINDINGS AND RECOMMENDATION 114 Main Street North STHR CUP April 11, 2018 Staff finds that with certain conditions, the proposed structure or use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends conditional approval of a Conditional Use Permit for two residential units to be operated as Type C Short Term Home Rentals at 114 Main Street North. ATTACHMENTS Site Location Map Applicant Narrative Floor Plans Guest Disclosure 114 Main Street North STHR CUP April 11, 2018 Y ` r "`' r- -4.. .., . ,,,„ 0 __ a� . tiro ry .----'-` \ ,..,...,, A ,,,, .___:___._.__.i., \ . ri. it t s W I N' `P Sjillwater ,........„ The Site Birthplace Location of Minnesota 140' Map \ � ;111011 0 rGp ' ^Vii.71. .... %<111,46:,) °FA \ 4 . OP\ \ - ' -,14 Q.' fp ,.,4' -01111 M f (i) mz , ��" 114 Main Street North 0 70 140 280 pff, Feet ]� %' - : -"� 7� General Site Location • 4. ' .r.. 1 ./ IIIIIIiniiIII . ..... ' ' ' 400 .., kr,„,:..)0 101 \ /A, VCf) 9 0 0 i .'\e _ - 1 % -' \ P _----------- • , A . ktf '41 rani , •- 11 ..,„ --•- !_„,.,,. � •I91pIr 5115 -i.. ih i ,, 1 ‘,..1\ ()5.t.„ City of Stillwater Planning Commission 216 N 4th Street Stillwater, MN 55082 651-430-8820 RE: Conditional Use Permit 114 Main Street N March 15, 2018 Dear Planning Commission, Croixview Partners, LLC is excited to do business in historical downtown Stillwater. We are applying for a type C short term home rental ("STHR") permit for our newly acquired property located at 114 Main Street N. Currently, the property has two apartments on the upper level, and a commercial storefront on the main level, which is currently leased to LACE Salon. Our plan for the property includes improving the two apartments to be suited for type C STHR units and to keep the commercial space as is. We believe, this is the highest and best use for the property due to its superior downtown location. A type C STHR, will frequently bring out of town guests to shop, dine, and partake in all of the downtown establishments and events, generating additional revenue for Stillwater. We also believe, that the current downtown market, will support this use, and that it will be complimentary to the two hotels currently under construction as well as the shopping and dining options in near proximity. Thank you for your consideration in approving this conditional use permit. Sincerely, Alon Ventura, President Croixview Partners, LLC 114 Main Street N Stillwater, MN 55082 Type C Rental .. ,, , �w 1.4...., a J bathroom+ 1 •_ _ —, 7 BuMard i1 r t Bedroom Unit 1 Loft unit 1 — N. 2 JPa„r r > C Ili` Loft Plan 1 Bedroom Unit 2 Bathroom -Ptra caa cw.m Bathroom wr. - Living room Unit 2 t1.- Kitchen unit 2 -- Owner closet/ laundry ..,......» Kitchen unit 1 Living room Unit 1 - Unit 1 ^ e+ Second Floor Plan _, �,. — X A B C \ 2 A _ Alley E A /nm - Street Entry C GUEST DISCLOSURE AND INFORMATION PLEASE READ Welcome to our home. We hope your stay in Stillwater is filled with fun and adventure! As our guest and guests of the community, we are happy to have you with us and would like to point out that your stay may be more enjoyable if you keep the following in mind: Operator Contact: Del Ray Espelien 6375 Saint Croix Trail N #148, Stillwater, MN 55082 (612) 685-7238 despelien@fixedassetsmn.com Owner Contact: Croixview Partners 11540 Bass Lake Road Ste:6 Plymouth MN, 55442 (612) 270-8939-Alon a lonventura 1 gma i l.com Maximum Number of Guests- 3 • PARKING: Please use the parking pass located on the counter and place it in your vehicle during your stay. Remember to place it back on the counter when checking out. Refer to the parking map for nearby lots the pass works for. You are allowed 1 to park one vehicle with this pass in the appropriate lot. • City noise ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10pm and 8am. • No events are allowed to be hosted on the premises. That means that no more than three unregistered guests can gather on the property. • Useful phone numbers o Del Ray- (612) 685-7238 o Fire Department (non -emergency)- (651)-351-4950 o Police Department (non -emergency)- (651) 351.4900 • Useful Websites o Stillwater Convention and Visitor's Bureau www.discoverstillwater.com o Stillwater Independent Business Association www.mainstreetstillwateriba.com o Stillwater Area Chamber of Commerce www.greaterstillwaterchamber.com HOUSE RULES Be respectful of your neighbors No Smoking No Grills allowed Adult supervision required on deck Not suitable for pets No parties or events Check in is anytime after 3pm Check out by 11am Self check in with keypad PLANNING COMMISSION MEETING DATE: April 11, 2018 CASE NO.: 2018-15 APPLICANT: Judd Sather, applicant REQUEST: Amendment to an existing multi -tenant, multi -use Special Use Permit for the building located at 123 2nd Street North ZONING: CBD-Central Business COMP PLAN DISTRICT: DMU-Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In 2015 Judd Sather gained approval of a multi -tenant, multi -use Special Use Permit (SUP) for the building located at 123 2nd Street North. The SUP allowed for the following uses: • Lower Level (accessed off of Commercial Street): catering, brewery and lounge. All proposed uses were considered to be `restaurant' use. • Main Level (accessed off of 2nd Street North): used for offices right in the Central Business District. • Upper Level: an 800 occupancy event venue. and other uses permitted by A condition of approval is that the lower and main levels will not be utilized as rentable area for events or event functions. REQUEST Judd Sather is requesting an amendment to the existing Special Use Permit for the property located at 123 2nd Street North, the Connelly Shoe Factory building. The proposed amendment includes: • Additional event center space (previously identified as the future brewery area) on the lower level. This event space will have a commercial catering kitchen. The applicant has indicated this space may be used similarly to a restaurant in that if it is not rented for private events, the owner may choose to open the space to the public for bingo, comedy, or for small musical performances. o This event space would lead to an outdoor area, accessed through the alleyway. The outdoor area would be used exclusively in conjunction with the new venue space or other rentable areas of the facility. • A conference room on the main level. The conference room would be used not only by all tenants but could be utilized by third parties. This type of space is anticipated to be used mostly as a break-out space for conference attendants. • Two Commercial Recreational Business rooms on the main level. These would be used as challenge/puzzle rooms (sometimes referred to as escape rooms). While these would be able to be rented by the hour by small groups, it is anticipated they would also be used by groups and individuals who are renting space elsewhere in the building. APPLICABLE GUIDELINES AND REGULATIONS Section 31-325 indicates that assembly halls, restaurants, and Commercial Recreational Businesses in the Central Business District require a Special Use Permit. Section 31-207 establishes the review standards for Special Use Permits: 1) The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Comprehensive Plan Chapter 6, Local Economy, indicates an objective of supporting business expansion in the downtown commercial district. This would be achieved through the following implementation actions: "[e]ncourage small, locally owned, businesses particularly in the Downton" and "[p]romote office and service job locations in and around the downtown." Comprehensive Plan Chapter 7, Economic Development, indicates a goal of promoting and maintaining the downtown as a central focus for community, economic and cultural activity as "tourism has allowed the Stillwater downtown to avoid the vacant buildings and physical decline seen in other traditional downtowns." The events center and restaurants (brewery and lounge) will help support these goals, objectives and implementation actions. The proposed use is allowed within the subject zoning district, if it is found compatible with surrounding uses. Other uses in the vicinity include office and retail uses in free standing structures across Commercial Street and the alley. Residences are located on the second stories of some of these structures, located approximately 16' away. Additionally, the municipal parking ramp is located across 2nd Street as well as the Lowell Inn. In review of the request with City staff, the following items were determined to be some items of concern: • Parking: As with the original Special Use Permit, parking and traffic are the predominant concerns in this area. The Parking Commission met in January, 2015, to discuss the proposed events center, main level offices and lower level restaurant uses. At that time the property owner was able to enter into a mitigation agreement with the Downtown Parking Commission. However, the lower level is now proposed to be utilized as a separate event venue, so the parking demand may increase. Therefore, a new parking mitigation plan will need to be developed and approved by the Parking Commission. With a multi -use SUP, the City is in a better position to look at the overall CPC 4/11/2018 (Case 2018-15) 123 2nd Street North Page 2 of 4 impact the building will have to the parking system to determine the most appropriate mitigation efforts. • Traffic: There have been historic traffic safety concerns at the corner of Main and Commercial as well as Main and 2nd Street North, intersections with limited site visibility. However, traffic concerns have not increased since the opening of JX Event Venue. • Event noise: The existing, free-standing building would need to conform to the City's noise ordinance. With the existing event venue, modifications were made to help reduce the noise. To the date of memo development, City staff is not aware of any substantiated noise complaints. Therefore, noise mitigation measurements will need to be made to the lower level event space to reduce potential negative impacts. 2. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The focus of this review standard is whether the proposed use can operate in its proposed location without negatively impacting surrounding uses, or the general neighborhood. Minimal concerns have been identified with this proposed use in this location. ALTERNATIVES AND RECOMMENDATION A. Approval. If the Planning Commission finds the Special Use Permit amendment proposal is consistent with the provisions of the SUP process, the Commission could move to approve the SUP with or without conditions. At a minimum, staff would recommend the following conditions of approval: 1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in Minnesota Statue Section 462.3595. 2. Plans shall be substantially similar to those found on file with CPC Case No. 2017-69, except as modified by the conditions herein 3. All conditions of approval for Planning Commission Case file 2015-19 shall remain in effect. 4. Prior to operating the additional event center space and puzzle rooms, the applicant shall secure all required approvals from the Stillwater Building Department, Stillwater Fire Department and Washington County Health Department. 5. All existing and future trash receptacles shall be stored inside the building or in an enclosed onsite trash facility, at all times with the exception of the day of trash collection. 6. Prior to the commencement of any exterior work, including the installation of lighting, signage new windows and doors and/or demolition, a Design Review permit shall be submitted and approved by the Heritage Preservation Commission prior to the issuance of a building permit for this project. i. Any conditions attached to the Design Permit issued by the Heritage Preservation Commission for this addition are incorporated by reference into this Special Use Permit. CPC 4/11/2018 (Case 2018-15) 123 2nd Street North Page 3 of 4 7. A parking mitigation plan must be approved by the Downtown Parking Commission to satisfy the off-street parking requirements. If the plan includes a fee - in -lieu, the fee shall be paid upon receipt of City invoice. Failure to pay charges within 30 days will be certified for collection with the real estate taxes with the real estate taxes in October of each year. The applicant waives any and all procedural and substantive objections to the purchase requirement including, but not limited to, a claim that the City lacked authority to impose and collect the fees as a condition of approval of this permit. The applicant agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this permit including this provision. i. Any conditions attached to the parking mitigation plan approved by the Downtown Parking Commission are incorporated by reference into this Special Use Permit. 8. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. B. Table. If the Planning Commission finds the request to have incomplete information, the case could be tabled. C. Denial. If the Planning Commission finds the request to be inconsistent with the provisions set forth for Special Use Permits, it could be denied. With a denial, the basis of the action should be given. FINDINGS AND RECOMMENDATION Staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends conditional approval of an amended Special Use Permit for the inclusion of a main level conference room and two Commercial Recreational Businesses and lower level event space to be added to the multi -tenant, multi -use building located at 123 2nd Street North. ATTACHMENTS Site Location Map Applicant Narrative Floor Plans (2 pages) CPC 4/11/2018 (Case 2018-15) 123 2na Street North Page 4 of 4 0. , ,,,,I 1, ,r- �P ';1 iY if 4 e- ,? � z `-�1 c a S11Iwater _............„ The Birthplace of Minnesota N ,1,-,_ \ ) , . i i T Y c rn i(\ :. _ ;i Ae ;�rr M �G-: \P�P�/ _ , -tee_ o .. iv \____\ ry< C�1C� m Site Location Map 123 Second St North 0 115 230 460 Feet v` " M`(R1\` w l General Site Location 'NO 111* is , �_' v O ! I I111lr S !W'= 3 March 26, 2018 Dear City of Stillwater, It is our intention to add three more amenities / tenants to The JX Event Venue located at 123 Second Street North: Stillwater Escape Company, Studio J (Photography Studio), Conference Room for JX, and The Oxford (Catering REstaurant for small groups of up to 100 people). Our current Special Use Permit is SUP 2014-38. These new additions should not affect our total building occupancy of 720 with regard to parking and planning commissions because our average event at JX has been 215 people in 2017. We will also be adding and additional double door entrance/exit at the big green freight door on Commercial Street if approved by HPC. Stillwater Escape Company: An escape room is a popular entertainment fad; it is basically a "puzzle room" with a series of up to 20-30 linear clues such as hidden messages on walls with combinations to locked drawers etc. Guests have about an hour to solve all the clues and "escape". Nobody is ever "locked" in a room - they are free to leave, use the bathroom, etc. at any time. All exits and lighting is planned per Stillwater building codes. Occupancy is consistent with our approved mixed -use office space with our average group size of 4-6 people with constant access to bathrooms and exits. We are seeking Commercial Recreational Use of the space on level 2 for the Company. Studio J: We will move our photography studio from 214 Main Street South to the JX building on the middle level as well. This should be consistent with our current SUP. The Oxford: We will add a private room in the lower level of JX with fixed seating for smaller parties up to 100 people. Many people love the feel of JX, but have smaller groups or smaller budgets, and this space will fill the need for smaller groups. It will also be open as a catering restaurant to service both JX and The Loft at Studio J. Refuse: In addition, we would like to consolidate refuse to eliminate the eyesore that Union Alley has become. Collection would be similar to receptacle improvements the City has done near the Freighthouse. Consolidated collection is proposed in the middle of Union Alley, so there is still good access to either side for Emergency vehicles and refuse trucks. Thank you for considering our proposal - we are excited about these changes! Sincerely, Judd Sather, owner, JX Event Venue and The Loft at Studio J (c) Door Hardware: Door 220 shall be installed with the following: - 1.5 pair of butt hinges (match building std.) - 1 lever style mortise lockset (match building std.) - 1 self closing device (match building std. - 1 20 min. smoke gasket set 1 ELECTRICAL Data Noty Electrical information, symbols, notes, wiring diagram, etc. is shown for coordination and reference only. J.Sweitzer-Architects LLC has graphically indiciated device and lighting locations; no electrical engineering has been performed. fAal 4 k fuhre terai, ) r` Al A4,06 C3 A4,04 HVAC Data per original base building calculations LEASE SPACE BRAND MODEL CFM HEAT COOL VOLTAGE AMP 6205 BRYANT 581JE06A115 2000 82% 115,000 15.2 SEER 5 TONS 460/3PH 15 MCA 6204 BRYANT 581JEO4A072 1200 82% 72,000 15.0 SEER 3 TONS 46013 PH 13 MCA S 1 SPIRAL SUPPLY DIFFUSER 16X6 250 CFM S 2 SPIRAL SUPPLY DIFFUSER 14X6 ' 200 CFM R 1 RETURN AIR GRILL 24X24 2000 CFM R 2 j RETURN AIR GRILL 20X20 1200 CFM (rave ten-ai fipace) ( future 4...eral 5pace) I- a '1 (1) General Notes: 1. In accord with MR 1300.0110 subpart 13 and referenced in the IBC 602.4.4, all concealed floor/ceiling joist spaces shall be re -sealed after installation of plumbing, sheet metal ductwork and electrical conduit and devices utilizing 2 layers of 1/2" thick gypsum board attached to the underside of the wood joists and the joist cavity shall be filled full with blown -in insulation (installation identical to base building concealed space construction). 2. Illuminated egress signage shall be installed at all existing exit doors leading out of suite #215 3. Under the Base Building construction a continuously illuminated exit path leading to the exterior of the building shall be constructed 4 Under the Base Building. construction an enclosed elevator lobby/shaft-way opening draft protection shall be constructed .1 . to' MI '51_ pr.--------- ij- irti`A ;It:',1 ',C?1 00 F'2-rt-t `DIDee-P 6 S14,1 7k-14ALL V4,1\-1-L 511.0r,4 Th 10e2 ttl...r,ovz- AM.," Vgvt- 'T'01>e* k.6" "TA1' Sb-r-h,D ?,tt, tr-vr ALL WiNt, LL raeo'f&L*D pootv9 14ski4 kto, V/ALL - S('Ac6r..- 1,10-rGt-) ti r-5-1.1d.ver, &Le-, t'exct. '''v7ecfr Ai* \°‘ 't..214ki ANe, 1/,) 112-1/A WALL TYPE LEGEND NO HOUR RATED ALL ASSEMBLY ONE HOUR RUED WALL ASSEMBLY ALL WALLS GO TO DECK UNLESS OTHERWISE NOTED r1L lectital (1'3) Code Analysis: Studio Suite 203 Minnesota State Building Code 2015 Edition International Building Code 2012 Edition Occupancy Classification' Business — Group B (Professional Services- Office) Fire Protection: Fully Sprinkled Building and open on four sides Tyne of Construction — Type 4HT (existing) Gross Occupied Floor Area of Tenant space (office]: 4280 GSF Total Occupant Load: Gross floor area = 42.8 people Required number of exits = min. 1 exit required Number of designed exits = 2 exit provided Required plumbing fixture count based on Chapter 29: Restroorn Facilities are accessible from common hallway Maximurn allowed distance of travel = 250 lin. feet Maximum calculated distance of travel to exit door = 15 lin. feet Glazing shall comply with National Safetrequirements FA.,v1) MoL„r) r, , 74:1-TP4lev-rO 1-D i) _-1127614-• LI61-41- Yo eti-rf1-01(- - 11 Tfk F.ET© " Ler7 16,1\ 3 architecture product design residential- commercial uu hornes J , Sweitzer Architects iic WWw.iswelizerarchitecis.com jeff@jsweitzerarchitects.com 612.220.3283 SHEET INDEX Issued Project Team architect jeffery sweitzer AJA CIO 612-220-3283 engineer Wild River Electrical Ross Rivard Electrical Designer Minnesota Master # AM003314 Certification I hereby certify that thts plan, spediticatlop or report wits prepared by fne or under my direct supervision and that I am a duly licensed architect or engineer under the taws Of the State of Minnesota. toel.e.t z.Cg• .."\ Legal Notice: These documents shall not be reproduced nor redistributed without the expressed written consent of J.Sweitzer-Architects„LLC • • Copyright 2015' A Event Venue Suite. 2.1V-3 123 North Second St Stillwater, MN 55082 evr MEETING DATE: APPLICANT: REGARDING: PREPARED BY: iliwatet THE BIRTHPLACE OF M I N N F S 0 I A April 11, 2018 CASE NO.: 2018-01 City of Stillwater Proposed Amendment of City Code by adding exterior residential lighting standards. Erik Olson -Williams, Zoning Administrator/Assistant Planner BACKGROUND Staff had previously 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 West Hill property. However, after a site visit and measurement of the brightness of the offending light, it has been determined by staff and Councilmember Junker that a residential lighting ordinance would not be the most effective way to solve this issue. It turned out that the amount of light at the property line was not excessive (only about 0.1 footcandles). The real issue was glare and is likely better resolved through use of the city's nuisance ordinance. Therefore, Staff is withdrawing the request to amend the city's residential lighting standards. j!!water THE BIRTH PLACE Or MINTA PLANNING COMMISSION MEETING DATE: March 21, 2018 CASE NO.: 2018-14 REGARDING: Consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31-209: Design Permit, 31-400: Floodplain Overlay District, and Section 31-512: Regulation of Radio and Television Towers. CPC Case No. 2018-14. The aforementioned Case will also affect City Code Section 22-7 Heritage Preservation Commission and Chapter 24 Streets, Alleys and Public Property. PREPARED BY: Abbi Jo Wittman, City Planner REVIEWED BY: City Attorney Magnuson BACKGROUND As the Commission is aware, the City has been working on the development of certain City Code modifications specifically address small wireless facilities, their supporting structures and associated equipment. The development of the attached Ordinance is the result of three months of meetings and workshops with the Planning Commission and Heritage Preservation Commission as well as one meeting of discussion with the City Council. PURPOSE There are several main purposes of the future Zoning Amendment - Text (ZAT): 1. To provide for fair, reasonable, and non-discriminatory access to City -owned infrastructure in the public ROW while designating a streamlined permitting process. 2. To establish design requirements for the installation of new wireless support structures to ensure visual compatibility with their surroundings. 3. To ensure compatible uses when small wireless facilities are proposed for locations outside of ROWs. SPECIFIC REQUEST The City has requested consideration of a ZAT to amend the following sections of the City Code: • Chapter 24 Streets, Alleys and Public Property • City Code Section 22-7 Heritage Preservation Commission • City Code Section 31-101: Definitions • City Code Section 31-209: Design Permit, • City Code Section 31-400: Floodplain Overlay District • City Code Section 31-512: Regulation of Radio and Television Towers COMMISSION DISCUSSION Prior to making a recommendation for approval or modified approval of a proposed amendment to the City Council, the commission must first find that the public necessity, and the general community welfare are furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. FINDINGS Allowing the integration of wireless facilities into the community is a public necessity. Doing so in a manner that is responsible and respectful helps ensure the general community welfare are further. The following ZAT is consistent with the following Comprehensive Plan elements: • Land Use Chapter Policy 7: Reduce the visual impact of overhead telephone and electricity lines. • Historic Resources Chapter Goal 3: to enhance the visual and aesthetic character, diversity and interest of Stillwater. RECOMMENDATION Section 31-205 indicates a public hearing must be held by the Planning Commission on all proposed amendments. The commission must forward a recommendation for approval, modified approval or denial to the City Council for final action. Staff recommends the Commission forward a favorable recommendation of approval to the City Council. ATTACHMENTS Draft Legislative Changes Case No. 2018-14 April 11, 2018 The following addresses proposed City Code changes associated with CPC Case No. 2018-14. Highlighted Text Underlined Text Strikethrough Tcxt These are proposed changes. These changes are proposed to be added to the Code. These changes are proposed to be removed from the Code. Amend Chapter 22: Heritage Preservation Commission, Subd. 5, Additional powers and duties of the commission by adding: (7) The commission shall conduct review of certain types of projects, as outlined in City Code Section 31-209, Design Permit. Amend Chapter 24: Streets, Alleys and Public Property, in the following ways Section 24-1, Sub. 1. : Permit required. No person, except an authorized city employee or contractor performing work under a 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. Section 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 and private utility services. In addition, the ROWs in the city provide 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, or eligible heritage preservation sites, landmarks and districts. It is the intent of this article to facilitate appropriate use of the ROWs for the purposes above while also protecting the public welfare by preventing permanent obstruction, safety hazards, and other use of the ROW that would diminish the historic character of the community. Section 24-27 - Definitions: Abandoned facility means a facility no longer in service or physically disconnected form a portion 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. Applicant means any person requesting permission to excavate, obstruct, alter or make installation in a right-of-way. Collocate or Collocation means to install, mount, maintain, modify, operate, or replace a small wireless or micro wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government. 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. Permit has the meaning given "right-of-way permit" in Minn. Stat. § 237.162. as defined herein. Permit 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 excavate, or obstruct, alter, or install upon a right-of-way has been granted by the city under this article. 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. A right of way does not include the airwaves above a right of way with regard to cellular or other non wire telecommunications or broadcast service. Right-of-way permit means either the excavation permit--ertke obstruction permit, small wireless facilities permit, conditional/ special use permit, design permit or Beth any 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; (2) services of a telecommunications right-of-way user, including transporting of voice or data information and wireless internet services; (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. 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 is 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. Telecommunication right-of-way user means 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. Wireless Facility Permit means the permit which, pursuant to this article, must be obtained before a person may install, place, maintain or operate a small wireless facility in a public right-of-way to provide wireless service. A Wireless Facility Permit allows the holder to 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. installation, placement, maintenance, or operation of a wireline backhaul facility in the right-of-way Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. Wireless support equipment means equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber optic cable, regular and backup power supplies, 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. Wireless support structure means a new or existing structure in a public right of way designer to support or capable of supporting small wireless facilities, as reasonably determined by a local government unit. Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network. Sec. 24-27, Subd. 1. Permit required. Except as otherwise provided in this code, no person may obstruct,excavate, 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. (3) Small wireless facility permit. A wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the right of way, to the extent specified therein, provided that such 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. installation of small wireless facility for the exclusive use of a public utility corporation who has entered into a franchise agreement with the City provided all wireless support equipment is adequately screened, concealed or located underground; b. routine maintenance of a small wireless facility; c. replacement of a small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, wind or structural loading, and conforms to and with all established design standards and original approvals, than the small wireless facility that is being replaced. Sec. 24-33, Permit Applications. (5) If applicable, proof of planning, zoning and heritage preservation compliance either by: a. The submission of an executed Design Permit or Conditional/Special Use Permit; or b. The submission of detailed design specifications outlining conformance with established and adopted design standards as set forth in City Code Section 31- 512, Regulation of towers and wireless facilities. Sec. 24-34, 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. Sec 24-34, Subd. 2. Conditions. (a) Permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minn. Stat. §§216D.01-.09 (Gopher One Call Excavation Notice System) and Minn. R., ch. 7560. (b) A small wireless facility permit shall only be issued after the applicant has executed a standard small wireless facility collocation and lease agreement with the city. The standard collocation agreement shall be in addition to, and no in lieu of, the required small wireless facility permit provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter, or affect any then -existing agreement between the city and applicant. (c) The erection or installation of a wireless support structure, the colocation 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 planning, zoning or heritage preservation permits. City Code Section 31- 512, Regulation of towers and wireless facilities, shall apply. a) Design permit. A design permit shall be required for the installation of a wireless support structure, the colocation of a small wireless facility, or other installation of a small wireless facility as per the criteria found in City Code Section31-209, Design permit, and standards set forth in City Code Section 31-512, Regulation of towers and wires facilities, shall apply to the evaluation of such design permits. For projects proposed 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, state, or nationally -designated, or eligible heritage preservation sites, landmarks and districts as of the date of application for a small wireless facility permit. The conditional use permit criteria found in City Code Section 31-201, Special use permit and conditional use permit shall apply to the evaluation of such conditional use permit applications. (2) A small wireless facility shall only be collocated on the specified wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. Sec 24-34, Subd. 3. Action on Small Wireless Facility Permit Applications (a) Deadline for action. The city shall approve or deny a small wireless facility permit application within ninety (90) days after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section. (b)Consolidated applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and (3) are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve 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. (c)Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled 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 period. In such cases, the city may extend the deadline for all such applications by thirty (30) days by informing the affected applicants in writing of such extension. (2) The applicant fails to submit all required documents or information and the city provides written notice of incompleteness, with specificity as to the missing information, to the applicant within thirty (30) days of receipt of the application. Upon submission of additional documents or information, the city shall have ten (10) days to notify the applicant in writing of any still -missing information. (3) The city and small wireless facility applicant agree in writing to toll the review period. Sec. 24-35, Subd. 1(c) Small wireless facility permit fee. (1) Management costs; and (2) City engineering, make-ready, and construction costs associated with the collocation of small wireless facilities. Section 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 city 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 applicant is in compliance with the conditions of a previous permit. (a) Procedural Requirements. The denial of a right of way permit must be made in writing 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 resubmitted application within thirty (30) days after submission. Amend Chapter 31: Zoning, in the following ways Amend Section 31-101: Definition, by adding and/or amending the following definitions in alphabetical order, and renumbering all subsections: Antenna when found in Section 31-512 (Regulation of radio and 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 districts and areas and overlay districts. Public utility means persons, corporations or governments supplying gas, electric, transportation, water, sewer, cable or land line or wirelc,s telephone service, and for providing wireless services, including transporting telecommunication, voice or data information, to the general 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. Small Wireless Facility: 3) 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 4) a micro wireless facility is 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 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. Amend Section 31-209. - Design permit, by adding 31-209(c)(2): For the proposed erection of installation of wireless facilities on public or private lands or structures as defined in City Code Section 31-512, Regulation of towers and wireless facilities, or in the right of way as per City Code Section 24-24, Right -of -Way Management. Amend Section 31-400. - Floodplain overlay district., Subd. 8(a) Public utilities, in the following way: All public and private utilities and facilities such as gas, electrical, sewer, and 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. Retitle Section 31-512 as Regulation of towers and wireless facilities and alter to read as: 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 services to the residents and businesses of the city; b) Minimize adverse visual effects of towers and wireless facilities tby establishing design standards to protect the public 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 wireless facility 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 towers and wireless facilities. a) The following are more preferable locations, listed in order of preference: 1. Water towers. 2. Collocations on existing telecommunications towers. 3. Inconspicuous sides and roofs of buildings over twostories.Existing power or telephone poles. 4. Government and utility sites. 5. School sites. 6. Golf courses or public parks when compatible with the nature of the park or course. 7. Regional transportation corridors. b) The following are identified as least preferable locations: 1. Local, State or National Historic or Archaeological Districts 2. Comprehensive Plan Vista Points and View Corridors 3. Exceptional or High Quality Natural Resource Areas, St. Croix River Overlay District, Shoreland Management Districts, and Wetlands and Wetland Buffer Areas Subd. 3. Permitting and Submittal Requirements. a) Permitting Requirements. Unless otherwise indicated as exempt in City Code Chapter 24, Streets, Alleys and Public Property, 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 wireless facilities in all districts to ensure compliance with the standards found herein and neighborhood compatibility. (2) Conditional Use Permit. i. New wireless facilities proposed in the right of way of a district zoned for single family residential use or in or adjacent to a local, state, or nationally - designated, or eligible heritage preservation sites, landmarks and districts, unable to meet all standards set forth herein shall require a Conditional Use Permit. ii. New wireless facilities proposed on private lands shall require a Conditional Use Permit. iii. New towers in any district require a Conditional Use Permit. b) Submittal Requirements. 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: (1) The provider must submit confirmation that the proposed tower and/or wireless facility complies with regulations administered by that agency or that the tower or wireless facility is exempt from those regulations. (2) Documentation regarding collocation requirements. (3) A report from a qualified professional engineer shall be submitted which does the following: (a) Describes the tower and/or wireless facility height and design including a cross section and elevation; (b) Demonstrates the tower and/or wireless facility is incompliance with the aforementioned structural and electrical standards; (c) Documents the height above grade for all potential mounting positions, or collocated wireless facilities and the minimum separation distances between wireless facilities; (d) Describes the tower and/or wireless facility's 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. (4) A letter of intent committing the tower and/or wireless facility 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. c) Criteria for Review of Construction and Alterations: (1) Whether the material, height, scale, mass and placement of the proposed addition, modification or construction are visually and architecturally compatible or complimentary with the site and neighborhood. (2) The effect of the proposed change on any adjacent local, state, or nationally - designated, or eligible heritage preservation sites, landmarks and districts. (3) Any applicable provisions of established design guidelines and standards. Subd. 4. Standards a) General Standards (1) Towers and wireless facilities comply with all applicable provisions of this Code. (2) Towers wireless 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 facilities 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 towers and wireless 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. (b) Towers are not allowed in the CBD and PA districts.No communication tower or wireless facility may be located in, or on right-of-way adjacent to or in, the St Croix River Overlay District, Shoreland Overlay or Floodplain 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 \Towers and wireless facilities. The purpose of design review is to protect the integrity, natural setting and character of Stillwater 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 their and relative accessory structures and wireless facilities must utilize building materials, colors, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and built environment to the greatest extent possible. (b) All support service and accessory equipment or structures, minimized in quantity and size, must be enclosed within an existing building, located and screened so as to be hidden from public view from the street orabove, or be located underground. 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) 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 federal, state or local authorities. Use of the smallest and lowest visibility RF warning sticker and/or node ID sticker allowed by government or by utility regulations shall be the same color as the pole, Placement shall be away from adjacent residential structures and out of direct sight lines. (d) Towers wireless 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. (e) Non -reflective, matte and anti -graffiti painting shall be required on all antenna, brackets, cables, risers, PVC, shrouds, etc. shall be required. (f)All towers, wireless facilities and support service and accessory equipment shall comply with City Code Section 38-3, Noise control and regulation. (2) Wireless Facilities (a) Wireless facilities shall have an integrated or 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. (b) All wireless facilities must be designed and situated to be visually unobtrusive, not be multicolored and screened as appropriate. (c) An wireless facilities placed on a primary structure may be no taller than 10 feet above the primary structure. (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 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. (e) Lattice towers may not be used in any residential district. Subd. 5. Collocation. A proposal for a new 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. (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 towers and wireless facilities. Towers and accessory structures, and wireless facilities in existence as of , 2018, which do not conform or to comply with thi< 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 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.