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HomeMy WebLinkAbout1991-06-10 CPC Packetat�r THE BIRTHPLACE OF MINNESOTA THE STILLWATER PLANNING COMMISSION WILL MEET ON MONDAY, JUNE 10, 1991 AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, 216 NORTH FOURTH STREET. AGENDA Approval of Minutes - May 13, 1991. PUBLIC HEARINGS 1. Case No. V/91-29 - A Variance to the Sign Ordinance for the placement of a fourteen square foot sign below an existing pylon sign at 2000 Northwestern Avenue in the BP-C, Business Park -Commercial District. Nordquist Sign Company for Norwest Bank, Applicant. 2. Case No. V /91-32 - A Variance to the rear and sideyard setback requirements (one foot rearyard and one foot sideyard requested) for the construction of a 704 square foot garage at 222 West Willard Street in the RB, Two Family Residential District. Eugene and Kathleen Leatherman, Applicants. 3. Case No. SUP/91-33 - A Special Use Permit for an addition to an existing church along with a new parking lot at the First Methodist Church, 813 West Myrtle Street, in the RB, Two Family Residential District. Robert David Burow, Architects, Applicants. OTHER BUSINESS 1. Review and approve revised Flood Ordinance. 2. Recommend new Planning Commission member to City Council to replace Judy Curtis. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 STILLWATER PLANNING COMMISSION MINUTES Date: May 13, 1991 Time: 7:00 p.m. Members Present: Angela Anderson, Glenna Bealka, Duane Elliott, Gary Funke, Rob Hamlin, Warren Pakulski, and Don Valsvik Steve Russell, Comm. Dev. Director Ann Pung-Terwedo, Planner Members Absent: Judy Curtis, Gerald Fontaine Acting Chairman Don Valsvik called the meeting to order. APPROVAL OF MINUTES Motion by Warren Pakulski to approve the minutes of the meeting of April 8, 1991 as submitted. Seconded by Gary Funke. Motion carried. I Case No. SUB/91-_I7 - A minor subdivision of a 11.29 acre parcel into two lots of 4.96 acres and 6.33 acres. The site is located north of State Trunk Highway 96 in the RA Single Family Residential District and Bluffland/Shoreland District. Kenneth Seefert, owner of the property, and the realtor selling the property for Mr. Seefert presented the request. Mr. Seefert wishes to split the property and sell both lots. The request had been referred to the DNR for comments, and Mr. Russell distributed copies of the letter received from the DNR in response. The DNR has limits on development on slopes greater than 12 percent in the Bluffland/Shoreland district. There is some concern regarding lot B because of the topography of the lot. It may be difficult to find an adequate building site on this lot. Both the residence and the drainfield must be located on land with less than a 12 percent slope. The DNR does not want to approve the subdivision if the owner will be coming back to request a variance to build on the lot. There are three recommended conditions of approval. The Commission suggested that a fourth condition could be added so that no variance will be requested in the future. Toni Stiles, owner of the property to the east, stated that her father originally owned the property and she may have topographic maps of the land. She has no objection to the subdivision as long as another road is not put in. Rob Hamlin made a motion to approve the subdivision with three 1 Planning Commission Minutes May 13, 1991 conditions as stated and a fourth condition added: The applicant shall provide a topographic map with the building and drainfield sites shown to certify that both lots are buildable prior to separation of the lots. Seconded by Duane Elliott. Motion carried 7-0. Case No. SUP/91-19 - A modification to a previously approved Special Use Permit, to construct a 22 x 24 foot two-story addition to a group home residential facility at 310 West Myrtle Street. Rodney Stivland presented the application. He stated that the request is to add living space only, no additional bedrooms. Ann Pung-Terwedo noted that a Special Use Permit was approved for this group home in 1986 for 16 persons. The new request will not affect the number of persons in the home and no parking spaces will be eliminated. Motion by Warren Pakulski to approve the Special Use Permit request. Seconded by Glenna Bealka. Motion carried 7-0. Case No. VZ91-21 - A Variance to the five foot sideyard setback requirement for the construction of an attached garage with a zero sideyard setback at 915 W. Abbott Street. Raymond Loida, owner, presented the request. He is planning to build a two car garage; without the additional five feet, it could only accomodate one car. The Commission noted that the sideyard is adjacent to Washington Park and therefore the request will not affect any neighbors and is not precedent -setting. There are two recommended conditions of approval. The requirement for a one -hour fire wall was explained to the applicant. The applicant stated that he will continue to use the existing shed as storage and workshop area. Motion by Gary Funke to approve the Variance request with two conditions. Warren Pakulski seconded. Motion carried 7-0. Case No. V/91-22 - A Variance to the frontyard setback requirement (thirty feet required, fifteen feet requested) and to the sideyard setback requirement (five feet required, three feet requested) for the construction of a screened porch at 511 West Moore Street. Jeff Sherburne, owner, presented the request for construction of a 14 x 10 foot screened porch to the front of his house. He stated that some of the older homes in the neighborhood are set back 25' from the front property line. His front yard contains Planning Commission Minutes May 13, 1991 foliage which will screen the porch from the street. He believes the addition will improve the lines of the front of his house, and he stated that his neighbors have no objections to the addition. Staff has recommended denial of the request because there was no hardship seen. Motion by Gary Funke to approve the Variance request. Seconded by Glenna Bealka. Motion failed 3-4. (In favor: G. Bealka, G. Funke, W. Pakulski. Opposed: A. Anderson, D. Elliott, R. Hamlin, D. Valsvik) Case No. V/91-24 - A Variance to the building coverage for an accessory structure (1,000 square feet maximum, 1,562 square feet requested) for the construction of an 832 square foot garage at 428 East Alder Street. There are five recommended conditions of approval which the applicant agrees to. The Commission agreed that this is a large lot and the garage will meet all setback requirements, and it will be an improvement to the property. Motion by Warren Pakulski to approve the Variance request. Gary Funke seconded. Motion carried 7-0. Case No. SUB/91-25 - A major subdivision of a 29.5 acre parcel into two outlots and five developable lots ranging in size from 25,180 square feet to 44,600 square feet (Green Twig Way). The site is located off Eagle Ridge Trail in the RA, Single Family Residential Distrct. Tim Nolde, property owner, presented the request and stated that this was his second choice for development of the property. His previous request was withdrawn because of neighborhood opposition. There are seven recommended conditions of approval. Bill Lecuyer, 746 Wildwood Lane, stated that he is in favor of the development and is glad that Mr. Nolde went along with the wishes of the neighboring residents. Motion by Gary Funke to approve the Subdivision request with seven conditions. Seconded by Glenna Bealka. Motion carried 7-0. The members of the Commission thanked and commended Mr. Nolde for agreeing to change his plans to comply with the neighbors' desires. Case No. SUB/91-26 - A Variance to the Sign Ordinance for the placement of a twenty square foot monument sign, eight feet from 3 Planning Commission Minutes May 13, 1991 the property line, at 1672 South Greeley St. Larry Axdahl, owner of the property, and Sheldon Pearson, owner of Home Decorating, presented the request. They stated that the main objective of the sign would be to identify 1672 Greeley Street in large numbers. The names of the two businesses will be in smaller letters below. Mr. Axdahl stated that because Greeley Street is so busy, people have trouble finding the address. Rob Hamlin stated that sometimes there is information overload if a business has too many signs. He suggested that the owner use numbers on the building that are more noticeable. Mr. Axdahl stated that the total sign area is twenty square feet, which would be allowed under the ordinance. Mr. Russell clarified that the issue is not square footage, but number of signs, as the sign ordinance allows one sign per business. The tenants would be allowed to use window frontage for additional signage. Motion by Gary Funke to approve the Variance request. Seconded by Glenna Bealka. Motion failed 2-5. Case No. SUP/91-27 - A Special Use Permit for a guest house inn with three rooms and indoor/outdoor public dining at 114 East Chestnut Street. Duane and Martha Hubbs presented the application. Ann Pung- Terwedo stated that the Fire Inspector has set the occupancy capacity at 40 people. Richard Kilty, downtown business owner, questioned why there were no requirements for adequate off-street parking. Mr. Russell responded that four parking spaces are provided for over -night guests and dining room guests will park on the street. Mr. Russell stated that at this time, it is impossible for downtown businesses to provide adequate off-street parking. There was further discussion regarding Mr. Kilty's concerns with parking. Motion by Rob Hamlin to approve the Special Use Permit with four conditions as written. Angela Anderson seconded. Motion carried 7-0. The Commission noted that any parking enforcement concerns should be taken directly to the City Council. Case No. VL91-28 - A Variance to the rear and sideyard setback reuirements (five feet rearyard and sideyard required, two feet rearyard and sideyard requested) for the construction of a 442 square foot garage at 808 South Third Street. Daniel St. Claire, owner, presented the request. 4 Planning Commission Minutes May 13, 1991 The building inspector has recommended a three-foot setback on the side because of a neighbor's existing garage. Mr. St. Claire agreed to the three-foot setback. The Commission added this as a fourth condition of approval. Motion by Gary Bunke to approve the Variance request with four conditions. Seconded by Warren Pakulski. Motion carried 7-0. Case No. SUP/90-17 - One Year Review of a Special Use Permit to conduct small group tours, small business meetings and small weddings at the William Sauntry Bed and Breakfast at 626 North Fourth Street. Duane and Martha Hubbs, Permit Holders, were present for the review. Dean Miller, 623 N. Third St., stated that he is concerned that the off-street parking condition has not been enforced, and that there are many guests of the Bed and Breakfast parking on the street. Mrs. Hubbs responded the Trolley was used any time an event was scheduled for more people than the home had adequate parking spaces for. She also explained that the building behind the Bed and Breakfast has four tenants who all park on the street. She stated that she has never received a complaint from any neighbors regarding guests parking on the street. Motion by Gary Funke to approve the One Year Review of the Special Use Permit with the original conditions of approval, and to change Condition No. 11 to stated that the Permit will be reviewed upon complaint. Warren Pakulski seconded. Carried 7-0. Case No. ZAT/91 - Review and Discussion of the reorganization and reclarification and minor modifications to the Zoning Ordinance, City Code, Chapter 31. Mr. Russell explained that most of the information is not new, but has been reorganized. Motion by Duane Elliott to recommend the comprehensive update of the zoning ordinance to the City Council for a first reading with the understanding that the Planning Commission will review it again next month and recommend any changes at that time. Second by Gary Funke. Motion carried 7-0. Motion by Duane Elliott to adjourn the meeting at 8:50 p.m. Seconded by Warren Pakulski. Motion carried. 5 PLANNING APPLICATION REVIEW CASE NO. V/91-29 Planning Commission Meeting: June 10, 1991 Project Location: 2000 Northwestern Avenue Comprehensive Plan District: Business Park Commercial Zoning District: BP-C Applicant's Name: Nordquist Sign Company for Norwest Bank. Type of Application: Variance PROJECT DESCRIPTION: A variance to the Sign Ordinance for the placement of a fourteen square foot sign. DISCUSSION: The request is to place an additional "INSTANT CASH" sign at Norwest Bank. The site has an existing pylon "NORWEST BANK" sign with a message center. This sign is approximately 168 square feet: The additional square footage of fourteen square feet will bring the total footage of the two signs to 182 square feet. The Sign Ordinance limits the total gross surface area of a single sign to 200 square Feet. This additional sign will provide identification to an additional banking service at the site. CONDITIONS OF APPROVAL: 1. No additional sign is allowed. RECOMMENDATION: Approval. FINDINGS: The granting of the variance is necessary for the reasonable use of the land and building. This is the minimum variance to accomplish this purpose. ATTACHMENTS: -- App ication Form. - Sign Elevation. VAC 100 CASE NUMBER Case Number Fee Paid Date Filed 2-1-0-1 ------ PLANNING ADMINISTRATIVE F01%M Street Location of Property: -------- Legal Description H�of Proportyi__-______-____--________________-_______ Owner: Name f! _..__:.____ _________________________ Address Hg2C20 ---------------- Applicant (if other than owner): Name ----__ s� Address __Lfl-2,_ GL _? Phone: Type of Requests ___ Rezoning ___ Approval of Preliminary Plat ___ Special Use Permit ___ Approval of Final Plat Other------------------- Description of Request. ,� 5L': v : 2 ' c :iZ GI_/,_ . Signature of P Date of Public Hearing: NOTE: Sketch of proposed property and structure to be drawn.on back of this form or at- tached, showing the following: 1. North direction. 2. Location of proposed structure on lot. 3. Dimensions of front and side set -backs. 4. Dimensions of proposed structure. 5. Street names. 6. Location of adjacent existing buildings. 7. Other information as may be requested. Approved ___ Denied ___ by thoPlanning Commission on ----------- (date) subject to the following conditions:W..__________________________..._____-- Approved ___ Denied ___ by the Council on _________ _ subject to the following conditions: ---- -------------------------------------------- -------7---------------------------------------------------------- Comments. (Use other side), EXISTING 3-S+i-,El) PYLON W/ MESSAGE CENTER (2) NEW SINGLE FACE "TYPE 3" ALUMINUM EXTRUSION FRAME CABINET W/ 3/16" WHITE #7328 ACRYLIC FACE READING "INSTANT CASH', SEE 1/14.2. SEE SECTION 1 /14.3. EXISTING POLE COVER - MOUNT (2) SIGNS TO 2 OF 3 SIDES I OF EXISTING 3-SIDED PYLON. MOUNT ! ON 10' O" WIDE SIDES OF POLE COVER DO NOT MOUNT ON SIDE FACING TOWARDS BANK 120V ELEC. SERVICE BY OTHERS, 4.40 AMP. LOAD ADDITIONAL ELEVATION - CABINETS ON 2 OF 3 SIDES OF PYLON REOUI E1U4T. 1 /4" - V-0" Customer Norwest Address 2000 N-Western Av City S Rwater Scale Noted Drawn By PL Salesperson Sit Revisions 3-21.91 3-3-91 Customer Approval This drawing Is the property of NORDQUIST SIGN COMPANY INC. 312 WEST LAKE STREET MINNEAPOLIS MN 61 2 823 7 29 1 Red area open (min. 50% height of 1) 70% of stripe Each stripe equal to 50% of the -Instant Casn" lower case letter height EQUAL RED SPACE TRANSLUCENT VINYL YELLOW MATTE #230-015 TRANSLUCENT VINYL ORANGE MATTE #230-44 TRANSLUCENT VINYL RED MATTE #230-33 STRIPING - MAINTAIN EQUAL HEIGHT OF VISIBLE STRIPES. HEIGHT OF STRIPE TO BE 50% OF THE "INSTANT CASH" LOWER CASE LETTER HEIGHT. SPACE BETWEEN COPY AND STRIPES IS EQUAL TO 70% OF STRIPE HEIGHT. ALL COPY IS TO BE WHITE & ILLUMINATES WHITE. 1 1 LAYOUT -EXAMPLE OF "INSTANT CASH" SIGN 14.2 1 NOT TO SCALE Customer Norwen Address 2000 N-wastwe Av City SUNW tw State KIN Scale Noted Drawn By IPL Salesperson 9H Date 1-17-91 Revisions Customer Approval 114s drawing 1s the property of NORDQUIST SIGN COMPANY INC. 312 WEST LAKE STREET MINNEAPOLIS MN 612 823 7291 H.O. FLUORESCENT LAMPS TO HAVE INTERMITTENT WIREWAY (VERTICAL). Customer Norwest Address 2000 N-Wost.rn Av City w water SECTION 3" = V-0" Scale Noted Drawn By R. Salesperson SH Revisions Customer Approval SINGLE FACE "TYPE 3" ALUM. EXTRUSION CABINET W/ 3/16" WHITE #7328 ACRYLIC FACE. PAINT CABINET - COLOR T.B.S. ' BOLT WOR WELD CABINETS TO EXISTING SUPPORTS. USE ANGLE IRON IF NECESSARY. This drawing Is the property of NORDQU1ST SIGN COMPANY INC. 312 WEST LAKE STREET MINNEAPOLIS MN 612 823 7291 eL PLMNIhEG APPLICk ON ,REVIEW_ CASE NO. V/91-32 Planning Commission Meeting: June 10, 1991 Project Location: 222 West Willard Street Comprehensive Plan District: Two Family Residential Zoning District: RB Applicant's Name: Eugene and Kathleen Leatherman Type of Application: Variance. PROJECT DESCRIPTION: A variance -to the-rearyard and sideyard setback requirements for the construction of a 704 square foot garage at 222 West Willard Street. DISCUSSION: The request is to remove a garage approximately one foot from the rear and sideyard of the property line and replace it with a new two car garage with storage. The new garage will be placed on the same building envelope with an additional ten feet to the west. The lot is quite small with the only access to the property on Willard Street. This access is a driveway easement. A church is located to the north of the property line less than ten feet from the structure and the home to the south of the proposed garage is also less than ten feet. The Stillwater Building Official is reviewing the site for additional building code regulations which may need to be enforced due to the location of the church and the home so close to the garage. As shown on the elevation plan, the garage will incorporate dormers on the second story. These are added as architectural features to the building. The second story will not be used as livable space. The pitch in the roof is facing north and south. Roof drains will have to be incorporated on the north roof line so no drainage water will occur on the church property. COND__ITIONS OF APPROVAL: �. All drainage shall remain on site. 2. Additional UBC regulations shall be enforced for fire rating as per Stillwater Building Official comments. 3. There shall be no habitable living space incorporated into the garage. STAFF RECOMMENDATION: Approval. FINDINGS: Theing of this variance is the reasonable use of the land and buildings and this is the minimum variance to accomplish this purpose. ATTACHMENTS: - Application. - Site Plan Elevation Plan r Case Numbor T p cr Fee Paid __ ---____-_-- CASE NU14BER Date Filed 4H, &.9- ____ PLANNING ADMINISTRATIVE FORA Street Location of Property: 222-W. Willard St. , Stillwater, MN _- -------_- See attached legal Logal Description,, of Propertya.._-_____--.._____________________________ Owner: Name _gene and Kathleen Le -- Address 222 - Willard St - - Boxes-___ Phone: 430`0433 H_-- Stillwater, 55082 642-0629 W Applicant (if other than owner Name _________________________________ Address ------------------------------ Phone: Type of Request:' ___ Rezoning ___ Approval of Preliminary Plat Special Use Permit ___ Approval of Final Plat .2= Variance ___ Other ----------- _______- z • Description of Request: V�rbLc�Q�l�� gr�_in existisition of _ current garae_which is approx._ 1 ft._within lot lines. See attached letter of' ' intent.' Signature of Applicant: .. Date of Public Hearing: ------------------------------- _______------ NOTE: Sketch of proposed property and structure to be drawn.on back of at- tached, showing the following: 1. North direction. Rom, a1 0, 2. Location of proposed structure on lot.;Y 3. Dimensions of front and side set -backs. ► ydP 4. Dimensions of proposed structure. Of 3 5. Street names. � ' C� .�•� 6. Location of adjacent existing buildings.' 7. Other information as may be requested. Approved ___ Denied ___ by the Planning Commission on ----------- (duta) subject to the following conditions: __-____---___-_--_--_----___-_-----_ ----------------------r------------------------------------------- Approved ___ Denied ___ by the Council on ---------------- subject to the following conditions: ------------------------------------------------ Comments: (Use other side), 222 W. Willard St. P.O. Box 559 Stillwater, MN 55082 May 25, 1991 TO: City of Stillwater Planning Commission and Council Members RE: Letter of Intent - Garage construction at 222 W. Willard Street Dear Members: We are applying for this variance to build a two -car garage with storage in the position of the current garage which is located approximately one foot within the lot boundaries as surveyed. The garage would be built in a manner as to be historically accurate with the circa 1873 house in which we live. The variance is needed due to the close proximity of the house to the structure which would not allow a vehicle to make the entrance into the garage should the standard set -back be observed. The current garage/horse stables is approximately the same age as the house but cannot be economically rebuilt. It measures approximately 22 ft. deep by 24 ft. wide. The new garage would measure 22 ft. deep by 32 ft. wide; the extra width will be for a workbench and storage. The building will be used as a garage with the remaining space used for storage and workbench. There are no intentions of using this building or any part for human habitation now or in the future. Thank you for your consideration in this matter. Sincerely yours. 5 Z Euge e A. Kathleen F: Fou nd WE.s r w,4Llnur" �-- solid Rod r e � ��---ixo,f8_ �^ 5T. ,61oc /C C'o rn e,- Q, 1, in diivminoS Q' S A,pipals 4t.A4 erar7 ChAVC17. 4V X �r 1 j u S v, � r...l 1� I e Deac, es /ro,7 Al on.Fo4+7d o Denoiles 4-on Alon, Sef X DenofPs Cxis . 61ev, ( 99 -<) D erno fes Proposed De,70�es Ryan o 1r C%�rarna9 e ) BeA C.1i /✓lurk — �ssome d Ciev. o / /o p . Op � an EXis� so"fA Casf Corr7��^ (3�g leebar� N n CHELKED I MEREOV CERTIFY THAT TWE PLAN WAS PREPARED 9Y ME OR GIT UNOE R MY DIRECT SUPERVISION AND THAT IAMADUIY REGISTER - ;IN w f 2D E'sc21,0Tlon1 "1/I //7 q/ rD 4r f U{' • B'1ocA' 6 o� the % wry (I7 ow �'. f� } o/ �S 7: I/wa fer1 descr: b e d as -.. 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SUP/91-33 PLANNING COMMISSION MEETING: June 10, 1991 PROJECT LOCATION: 813 West Myrtle Street COMPREHENSIVE PLAN DISTRICT: Two Family ZONING DISTRICT: RB APPLICANT'S NAME: Robert David Burow Architects for First Methodist Church. TYPE OF APPLICATION: Special USe Permit PROJECT DESCRIPTIONS: The proposal inccud es a 4,000 square foot addition to an existing church. The addition is comprised of a 2,000 square foot office and classroom area on two levels (east addition) and entrance addition on the south and north. A new twenty one car parking lot is proposed on the north side of the building in an existing yard area. Three trees are shown removed from the parking area. The building addition does not require additional parking because parking is based on sanctuary size which is not being enlarged. The additional parking will help ease parking in the area when there are special church events. Because the church is in a residential district, a Special Use Permit is required to minimize the impact on the adjacent residences. The Zoning Ordinance requires that the parking lot be setback the required setback for the residential zone, thirty feet unless adequately screened from adjacent uses and approved by the City Council. The proposed shows a fifteen foot setback from Myrtle Street and planting an arborvitae hedge to screen the parking lot. Other landscaping will be planted around the north and south entrance to the building. Lighting is shown on the new parking lot. To minimize the impact of the lights, the light standard height should be a maximum of twenty feet and directed down away from the street and residences. The City Traffic Engineer has reviewed the plans and recommended some changes in the driveway width to accommodate two lanes of traffic. These changes should be incorporated in the final construction plans. RECOMMENDATION: Approval with conditions. CONDITIONS OF APPROVAL: 1. The light standards shall be a maximum of twenty feet high and lighting directed down away from surrounding residences. 2. The plans shall be modified to accommodate two lanes of traffic in the north driveway entryway off Myrtle Street. 3. One way signage and landscaping shall be in place before parking lot use. Case Number J- -1-3 3 01 00 Pee Paid __-1A - __-_..-_ Dcta Piled -- VJ PLANNING ADMINIS i -RAi IVE FGQ i 813 WES1�CP Lz-5 '$��T-------- Sir eet Loc,rtloi'1 OT' Property: .___ Leacl Descriptian o; Property: _WILL BE_ FORTHCOMING_______ Owner. acme FIRST UNITED METHODIST CHURCH Address _ 813 WEST MYRTLE---------------- Pl;one• 439-1880------- Acoliccnt (if other than owner): ale„ e --- ROBERT BUROW ARCHITECTS Address 750 SOUTH PLAZA DRIVE, MENDOTA-HTS.- Phone- _454-8505-----T- Type of Recuest:• ___ Rezoning ___ Approval 'of Preliminary Plct Special Use Permit ___ Approval of Final. Plat --- Vcricnce _-- Other ___________-• •____-- Description or Reaves;: _THE CHURCH IS REQUESTING A SPECIAL USE PERMIT FOR A_ PROPOSED BUILDING ADDITION AND AN ADDITIONAL PARKING LOT ALONG MYRTLE STREET. _ - Signctvre or Applicant. Dcte o; Public Hearing: W JUNE 10,-1991-------- --_-____-____ NO=. Slcetc.h of proposed property and s z"acture to be d a'Nu 7n back 4TS for.- or a'r- ta,..ed, showing the foilowin�: 1. North direction. ,`t. A r 2 Location of proposed struc:-.ire on lot, P, kc\' ro 4� 3. Dinensions of Front and side set-oac:,�. 91 .p Dir-nensions of proposed structure. •',;, G}�$r Cn 5. Street narnes. til.'=/L►� 6. Location of adjacent emsting buildings. C� 7. Ocher info=ation as may be requested. Approved ___ Denied ___ by the'Plcnning Commission on subject to the following conditions: --- -------------------------------- ------------------------------------------------------------------ Approved Ccr„, ;entz: (Use other side) AW AJO E" ENGINEERS! ARCHITECTS ■ PLANNERS May 31, 1991 Mr. Steve Russell City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Dear Steve: 3535 VADNAIS CENTER DRIVE, ST. PAUL, MINNESOTA 55110 672 490-2000 RE: STILLWATER, MINNESOTA FIRST UNITED METHODIST CHURCH SW CORNER MYRTLE STREET/ WILLIAMS STREET SEH FILE NO: 89114 As you requested, we have reviewed the proposed parking lot layout at First United Methodist Church. The new parking area will contain 20 parking spaces and a drop off area at a new entryway to the church building. This parking area is intended to be function separately from the existing parking area south of the church. Since the north side of the site is several feet higher than the southern portion of the site, it would be difficult to arrange the parking area in any other manner without major changes to the grading on the site. Access to the parking area is proposed off Myrtle Street. This driveway is proposed as an entrance only. The exit to the parking area is shown off of Williams Street approximately 40 feet south of Myrtle Street. Both of the proposed driveways appear to be shown in acceptable locations. The access to Myrtle Street is not the optimal situation, however, since a church typically generates very little traffic on weekdays and during peak hours, it is not expected to create an operational problem on Myrtle Street. The "exit -only" driveway to Williams Street is located 40 feet south of Myrtle Street. If this driveway were being proposed in conjunction with a retail,industrial;office or multiple family housing development, it would not be appropriate due to the close proximity to Myrtle Street. In this case, since the driveway will serve only a small parking lot for the church, it will be very lightly used during the weekdays when Myrtle Street serves as one of the commuter routes back and forth between Stillwater and the Twin Cities. Although Myrtle Street is used as a route into and out of the City on weekends, there is no pronounced peak traffic on Sundays similar to that on the weekdays which would conflict with peak times of arrival and departure at the church. Williams Street is strictly a local street which serves the surrounding single family residential areas. Therefore, we do not expect the "exit -only" driveway to cause any traffic operational problems. Our main concern with the proposed parking expansion is the drop off area shown at the new entry way. As currently drawn, it SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN Mr. Steve Russell May 31, 1991 Page 2 would be difficult to enter at this driveway and drive around a vehicle parked at the drop off area. If a second car were waiting in line to proceed to the drop off area, proceeding into the parking area would be even more difficult due to the narrow (18 foot) driveway. Providing a narrow driveway at Myrtle Street is advantageous in that it discourages the two-way traffic movement in the driveway and makes it easier to communicate to drivers that it is an entrance only. However, once inside the site, the driveway should be widened out to make it easier for an inbound vehicle to drive around a vehicle loading or unloading passengers at the entry way. It is not unreasonable to assume that there will be times where one vehicle will be parked in the drop off area and the second vehicle will be waiting in line to pull up to the entrance, especially during the winter or on rainy Sundays. Two exhibits have been attached which show how this situation could be improved. Concept A provides a wider driveway and a separate drop-off lane adjacent to the sidewalk. The drop-off lane is separated from the bypass lane by a raised median which could be landscaped. Concept B is the same as the existing site plan except the landscaped area adjacent to the parking lot is tapered to provide more width in the driveway to permit bypass of vehicles waiting at the drop off area. Either of these designs would be very acceptable. If the site plan is not revised, a situation could occur where one or more vehicles back out onto Myrtle Street while waiting to get into the parking area. Since Myrtle Street connects with County Road 12 and is an alternative route into and out of the City, anything which can be done to eliminate the possibility of vehicles negatively affecting the efficiency of traffic flow should be incorporated into the site plan. We also noticed that the parking space closest to the Myrtle Street driveway is extremely narrow (7-1/21). At this width, the space will probably not be used very often. It will be difficult to get into due to the tight turning radius necessary between the driveway and the parking space. If you have any questions or comments about any of our suggestions, please do not hesitate to contact me at 490-2071 or Glen Van Wormer at 490-2045. Sincerely, Cindy Gray, Transportation Planner CRG/cih Enclosure cc: Glen Van Wormer NEW 10D. MONS, IMOEM INV 241, c4NCZVT N 00 Etmmmca CAWRCA► 0%Sil NCl C�WRCA Y M GoNcf�FPT a r an ter, T H E BIRTHPLACE OF MINNESOTA MEMORANDUM TO: PLANNING COMMISSION FROM: HERITAGE PRESERVATION COMMISSION DATE: JUNE 6,1991 SUBJECT: RECOMMENDATION OF SHAWN DRAPER TO PLANNING COMMISSION The Heritage Preservation Commission recommends Shawn Draper to the Planning Commission. The Commission supports his appointment as a Heritage Preservation Commission member on the Planning Commission. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 June 6, 1991 Ann Terwedo City of Stillwater Stillwater, MN Re: Consideration for Appointment to the Planning Commission Dear Ann, I am writing this letter to formally request consideration for appointment to the Stillwater Planning Commission. As we discussed at our Heritage Preservation Commission meeting on Monday, it would be valuable for a member of the HPC to sit on the Planning Commission to communicate the opinions of the HPC. This is an opinion shared and supported by the members of the HPC, as noted at our 6/3 meeting. I trust this letter of expressed interest will satisfy the requirements of the process of the appointment for the vacancy on the Stillwater Planning Commission. It is my understanding you have recent resumes outlining my experience relative to the HPC, my community service, and my professional background as a business owner. if you have any questions or feel I would benefit from providing you with additional information, please do not hesitate to contact me at work 731-6323 or at home 439- 4235. Sincerely, Shawn M. Draper 1221 Amundson Circle Stillwater, MN I%SP May 31, 1991 Ms. MaryLou Johnson City Clerk 216 North 4th Street Stillwater, Minnesota 55082 Dear Ms. Johnson: Northern States Power Company Gas Utility 825 Rice Street Saint Paul, Minnesota 55117-5459 Please consider me for the vacancy of the Stillwater City Planning Commission which was posted in the May 30, 1991 Courier News. As a long term resident of Stillwater I have a deep interest in the area and its future development. My educational background includes a Masters in Business Administration from the University of Wisconsin -Eau Claire. My current job is with NSP as Manager, Gas Supply and Rate Design for NSP's Gas Utility where I work with a number of communities on various development issues. Thank you for your time and interest. Sincerely, G er g Palmer, Manager Gas Supply & Rate Design i water i THE BIRTHPLACE OF MINNESOTA MEMORANDUM TO: PLANNING COMMISSION FROM: STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 7, 1991 SUBJECT: AMENDMENT TO FLOOD PLAIN ORDINANC- The attached amendment is provided for your review and comment. The comments from the Planning Commission and other review agencies can be considered by the Planning Commission at their meeting of July 8, 1991. Changes in the existing Ordinance will be described at meeting time. CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 Dlr�S�7TATE OF % g�EPARTIInENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD ■ ST. PAUL, MINNESOTA o 55155-40 DNR INFORMATION (612) 296-6157 April 9, 1991 4'u,&? 5 ll;;e-^. - 0c1t C, S rr;17 Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Mr. Russell: Enclosed is a new model floodplain ordinance which most closely meets your community's needs. As you are probably already aware, the Federal Emergency Management Agency (FEMA) and the Minnesota DNR have negotiated this model ordinance to reflect the changes in federal regulations which were actually effective in 1986. Because of these changes every community in the National Flood Insurance Program is being required to amend their floodplain zoning ordinances. Please note that the new model is also available (at no charge) on floppy disk for a personal computer. Available formats are Microsoft Word and ASCII. If you prefer to amend the existing ordinance we would have to review it more closely to be sure there are no omissions. Although state regulations allow 6 months to amend your ordinance, federal regulations only allow 90 days from the receipt of this letter for amendments to non -compliant ordinances. It is suggested that you attempt to meet the federal deadline in order to avoid any possible sanctions imposed by FEMA. Because state law also requires that a proposed local ordinance be reviewed and approved 30 days prior to adoption, please send any drafts being considered for adoption to Area Hydrologist Molly Shodeen in 60 days. Please feel free to contact your Ms. Shodeen or myself (612-296-9224) if you have any questions. Sincerely, JZ�dy Boudreau FEMA-CAP Hydrologist cc: Mayor Wallace Abrahamson Molly Shodeen, Area Hydrologist (612-772-7910) John Linc Stine, Regional Hydrologist AN EQUAL OPPORTUNITY EMPLOYER 321 t L' FEDERAL EMERGENCY MANAGEMENT AGENCY Revised as of October 1, 1989 and 1990* National Flood Insurance Program and Related Regulations *The changes effective in 1990 can be found on pages 322A through 322C ,(App. A,* Part 62); page 374 (§72.3(a)(1) and (a)(2)), (§72.3(b)(1) through (b)(6)), (§72.4(c) introductory text); and page 374A (§72.4(c)(2) through (c)(5)). § 59.1 44 CFR Ch- 1 (10-1-88 Edition) ::ate flood damage to real estate or irn- proved real properny,' water and sani- tary facilities, structures and their contents. "Flood -related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water. accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. "Flood -related -erosion area" or 'Wood -related erosion prone area" means a land area adjoining the shore of a lake or other body. of water, which due to the composition of the shore- line or bank and high water levels or wind -driven currents, is likely to suffer flood -related erosion damage. ."Flood -related erosion area manage- ment" means the operation of an over- all program of corrective and preven- tive measures for reducing flood -relat- ed erosion damage, including but not limited to emergency preparedness plans, flood -related erosion control works, and flood plain management regulations. "Floodway' -see "regulatory flood - way." "Floodmay encroachment lines" - mean the lines marking the limits of floodways on Federal, State and local flood plain maps. "Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes of flood plain man- agement. "Freeboard" tends to com- pensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway con- ditions, such as wave action, bridge openings, and -the hydrological effect of urbanization of the watershed. "Functionally dependent use" means a use which cannot perform its intend- ed purpose unless it is located or car- ried out in close' proximity to water. The term includes only docking facili- ties, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not in- clude long-term storage or related manufacturing facilities. 248 "General CouaLsel" MuArLs the Gen- eral Counsel of the Federal Emergen- cy Management Agency. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a struc. ture. "Historic Structure" means any structure that is: (a) Listed individually in the National Register of His— toric Places (a listing main— tained by the Department of Interior) ' or preliminarily determined by the Secretary of the Interior as meeting the requirements for individ— ual listing on the National Register; ,. (b) Certified or preliml — narily determined by the Sec— retary of the Interior as contributing to the historical significance .of a registered historic district or a dis— trict preliminarily determined by .the Secretary to qualify as a registered historic dis— trict; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Sec— retary of Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secre— tary of the Interior in states without approved programs. "Independent scientific body" means a non-federal technical or scientific or- AM 44 CFR Ch. 1 (10-1-88 Edition) pattern inconsistent with the objec- tives of sound flood plain manage- ment, the Administrator may take ap- propriate action under § 59.24(b) of this subchapter. Variances may be issued for the repair or rehabilitation of histor,,_Q� structures upon a determina— tion that the proposed repair or rehabilitation will not preclude the structure's con— tinued designation as a his— toric structure and the vari— ance is the minimum necessary to preserve the historic character -and design of the structure. Procedures for the granting of variances by a community are as follows: (1) Variances shall not be issued by a community within any designated reg- ulatory floodway if any increase in flood levels during the base flood dis- charge would result; (2) Variances may be issued by a community for new construction and substantial improvements to be erect- ed on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures construct- ed below the base flood level, in con- formance with the procedures of para- graphs (a) (3), (4), (5) and (6) of this section; (3) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a deter- minatidnu'that failure to grant the variance would result in exceptional hardship to the applicant, and (III) a determination that .the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public ex- pense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or or- (4) Variances shall only be issued upon a determination that the vari- ance L- the*minnimum necessary, con- sidering the flood hazard, to afford relief; (5) A community shall notify the ap- plicant in writing over the signature of a community official that (i) the issu- ance of a variance to construct a struc- ture below the base flood level will result in increased premium rates for - 268 flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in para- graph (a)(6) of this section: and (6) A community shall (i) maintain a record of all variance actions, includ- ing justification for their Issuance, and (ii) report such variances Issued in its annual or biennial report submitted to the Administrator. (7) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria of Paragraphs (a)(1) through (a)(4) of this section are met, and (ii) the struc- ture or other development is protected by methods that minfmte flood dam- ages during the base flood and create no additional threats to pubLc safety. (b)(1) The requirement that each flood -prone, mudslide (Le., mudflow)- prone, and flood -related erosion prone community must adopt • and submit adequate flood plain management reg- ulations as a condition of initial and continued flood insurance eligibility is statutory and cannot be waived, and such regulations shall be adopted by a community within the time periods specified in § § 60.3. 60.4 or § 60.5. How- ever, 'certain exceptions from the standards contained in this subpart may be permitted where the Adminis- trator recognizes that, because of ex- traordinary circumstances, local condi- tions may render the application of certain standards the cause for severe hardship and gross inequity for a par- ticular community. Consequently, a community proposing the adoption of flood ply in management regulations which vary from the standards set forth in §1 60.3, 60.4, or § 60.5, shall explain in writing to the Administra- tor the nature and extent of and the reasons for the exception request and shall include sufficient supporting eco- nomic, environmental, topographic, hydrologic, and other scientific and technical data, and data with respect to the impact on public safety and the environment. (2) The Administrator shall prepare a Special Fnvironmental Clearance to determine whether the proposal for an exception under paragraph (b)(1) of this section will have significant Subd. 22. FLOOD PLAIN OVERLAY DISTRICT 01?4oer Flood Plain Control 1. Area. The Flood Plan Overlay District shall consist of all lands within the jurisdiction of the City of Stillwater shown on the Flood Insurance Rate Maps (dated February 1, 1984) prepared by the Department of Housing and Urban Development with designated Zone A or numbered Zone A areas. Said maps shall be on file in the office of the city clerk. The Flood Insurance Study for the City of Stillwater prepared by the Federal Insurance Administration dated February 1, 1984 and the water surface profiles and flood boundaries and flood maps therein are hereby made a part of the official zoning map and this Ordinance. 2. Where interpretation is needed as to the exact location of f lood plain boundaries, for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based on elevations on the regional (100 year) flood profile and other available data. Persons contesting the location of the boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence. 3. Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. a. Basement. Area of building housing its floor subgrade (below ground level) on all sides. b. Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or their structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. c. Equal Degree of Encroachment. A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. d. Flood'. A temporary increase in the flow or stage of a stream or in the stage of a lake that results in the inundation of normally dry ares. e. Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodways fringe" used in the Flood Insurance Study for Stillwater. On the St. Croix River, the Flood Fringe includes the flood plain area between the ordinary high water mark of the river 1 and the outer limits of the flood plain. f. Flood Plain. The areas adjoining a watercourse which have been or hereafter may be covered by a regional flood. g. Flood proofing. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damage. h. Floodway. The channel of the water course and those portions of the adjoining flood plain which are reasonably required to carry and discharge the regional flood. i. Historic Structure. Any structure that is: 1. Listing individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements of individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a_ By an approved state program as determined by the Secretary of the Interior or b. Directly by the Secretary of the Interior in states without approved programs. j. Obstructions. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, modification, culvert, building, wire, fence, stockpile, refuse, fill structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood plain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. 2 k. Regional Flood. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 1. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation caused by encroachments on the flood plain that result from designation of a floodway. M. Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. n. Substantial Improvement. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or 2. Any alteration of a "historic structure" provided that the alteration will not preclude the structure's continued designation as a "historic structure". o_ Variance. A modification of a specific permittee development standard required in an official control including this Ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 5. General. All structures hereafter constructed within the Flood Plain Overlay District shall be required to adhere to standard flood - proofing techniques and practices as required herein, by the State of Minnesota Department of Natural Resources and by the U.S. Army Corps of Engineers up to the Flood Protection Elevation. The Flood Protection Elevation is that point not less than one (1) foot above 3 the water surface profile associated with a regional flood, plus any increases in f lood stages attributable to encroachment upon the f lood plain as defined. 6. Flood Proofing. Where flood proofing is incorporated into new buildings or structures and into alterations or additions to existing nonconforming structures, flood proofing measures shall be provided to the Flood Protection Elevation and designed to withstand flood velocities, depths, durations, forces and any other factors associated with the regional flood. A plan or document certified by a registered professional engineer or architect that the flood proofing measures are adequately designed to withstand regional flood conditions shall be submitted to the City for approval before authorization is granted for the proposed work. Authorized flood proofing measures shall include such provisions as the anchorage of structures to prevent floatation, the installation of watertight barriers over openings, the reinforcement of walls to resist water pressures, the use of material to reduce wall seepage, the construction or modification of water supply and waste disposal systems to prevent entry of flood waters, the placement of essential utilities above the flood protection elevation and subsurface drainage. Electrical and heating equipment within these structures shall be at or above the flood protection elevation for the site or shall be adequately flood proofed. 7. Establishment of Zoning District. 1. The flood plain areas within the jurisdiction of this Ordinance are hereby divided into two districts: Floodway District (FW) and General Flood Plain District (GFP). a. Floodway District. The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. b. General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map. 2. The boundaries of these districts shall be shown on the Official Zoning Map. Within these districts all uses not allowed as Permitted Uses or permissible as Conditional Uses shall be prohibited. S. Floodway District (FW). 1. Permitted Uses. The following uses have a flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other Ordinance and provided 4 they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch or any other drainage facility or system. a. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. b. Industrial -Commercial uses such as loading areas, parking areas and airport landing strips. C. Private and public recreational uses such as golf courses, tennis courts driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 2. Conditional Uses. The following open spaces uses require accessory structure (temporary or permanent) or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit. These uses are also subject to the provisions of Section 3, Standards for Floodway Conditional Uses below which applies to all Floodway Conditional Uses. a. Structures accessary to open space uses. b. Placement of fill. C. Extraction of sand, gravel and other materials. d. Marinas, boat rentals, docks, piers, wharves and water control structures. e. Railroads, streets, bridges, utility transmission lines and pipelines. f. Storage yards for equipment, machinery or materials. g. Other uses similar to nature to uses described in Sections 1 and 2 above which are consistent with the provision set out in this section. 3. Standards for Floodway Conditional Uses. a. All Uses. No structures (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a Conditional Use which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increase flood heights. In addition, all Floodway Conditional Uses shall be subject to the following standards. 5 b. Fill. 1. Any fill deposited in the f loodway shall be no more than the minimum amount necessary to conduct a Conditional Use listed in Section 2 Conditional Uses above. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. 2. Spoil from dredging or sand and gravel operation shall not be deposited in the floodway unless it can be done in accordance with (1) of this section. 3. Fill shall be protected from erosion by vegetative cover. c. Accessory Structures (temporary or permanent) permitted as Conditional Uses by No. 8(2)(a) Conditional Uses above. 1. Accessory structures shall not be designed for human habitation. 2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of f lood f low, and b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. 3. Accessory structures shall be flood proofed in accordance with the State Building Code. 4. Storage of materials and equipment. a. The storage or processing of material that are in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. . b. Storage of other materials or equipment may be allowed if readily removable f rom the area within the time available after a flood warning. 5. Structural Works for Flood Control. Levees, dikes and floodwalls shall not be constructed within the limits of the floodway district. Other structural 1.1 works for flood control such as dams and channel enlargements that will change the course, current or cross-section of public water shall be subject to the provisions of Minnesota Statutes, Chapter 105. 9. Flood Plain District. 1. Permitted Uses. The following uses shall be permitted uses within the Flood Plain District to the extent that they are prohibited by any other Ordinances: a. Any use permitted as Floodway Permitted Uses. b. Accessory structures provided they comply with the standards for Floodway Conditional Uses (c). C. Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation shall be no lower than one (1) foot below the regulatory flood protection elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip -rap or vegetative covering. Residences constructed on fill shall be subject to the vehicular access requirements described in the Standards for Flood Fringe Uses (c) below. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream or of any drainage ditch or any other drainage facility or system. 2. Conditional Uses. Other uses are permitted only upon application to the Community Development Director and the issuance of a Conditional Use Permit as subject to the following provisions: a. Nonresidential Structures. Commercial manufacturing and industrial structures shall ordinarily be elevated on fill so that their first floor, including the basement, is above the regulatory elevation, but may in special circumstances be flood proofed in accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be flood proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood proofed to FP-3 or FP-4 classification and flood proofing by the use of dams, dikes and levees shall not be permitted. 7 3. Standards for Flood Fringe Uses. a. Residential Uses. Residence that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance the Board shall specify limitations on the period of use or occupancy of the residence. b. Commercial Uses. Accessory land uses, such as yards railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the are would inundate to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. C. Manufacturing and Industrial Uses. Measure shall be taken to minimize interference with normal plant operation especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in (b.) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 10. Subdivision of Land. No Land shall be subdivided which is held unsuitable by the Planning Commission for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. In the General Flood Plain District, applicants shall provide the information required in No. 13 of this section below. The Planning Commission shall evaluate the section in accordance with procedures established in No. 13 below. 11. Manufactured Homes and Manufactured Home Parks, Travel Trailer, Travel Vehicles. 0 I . The permanent placement of manufactured homes, manufactured home parks, travel trailer and travel vehicles shall not be permitted in the Flood Plain. 12. Public Utilities, Railroads, Roads and Bridges 1. Public Utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the flood plain shall be flood -proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 2. Public Transportation Facilities. Railroad tracks, roads and bridges to be located within the flood plain shall comply with Section 8 and 9 of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided -where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 3. On -site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) new or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during time of flooding. Any sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for non -site sewage treatment system shall be determined to be in compliance with this section. 12. Procedures for Evaluating Proposed Conditional Uses within the General Flood Plain District. 1. Upon receipt of an application for a Conditional Use Permit for a use within the General Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Planning Commission for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway for flood fringe. 0J a. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross -sectional areas to be by the proposed development and high water information. b. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream and soil types. C. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2. One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in the is expert evaluation. The designated engineer or expert shall: a. Estimate the peak discharge of the regional flood. b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over bank areas. c. Compute the floodway necessary to convey the regional flood without increasing flood stage more than 0.5 feet. An equal degree of encroachment of both sides of the stream within the reach shall be assumed in computing floodway boundaries. 3. Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. 13. Factors Upon which the Decisions of the Planning Commission shall be Based. 1. In passing upon Conditional Use applications, the Planning Commission shall consider all relevant factors specified in other sections of this Ordinance and a. The danger to life and property due to increased flood heights or velocities caused by encroachments. 10 b. The danger that materials may be swept onto other lands or downstream to the injury of others. C. The proposed water supply and sanitation systems and the ability of these to prevent disease, contamination and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with the existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 1. Such other factors which are relevant to the purpose of this section. 14. Nonconforming Uses. 1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section my be continued subject to the following conditions: a. No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. b. No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its current market value unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially 11 reduce potential flood damages for the entire structure. C. Any alteration or addition to a nonconforming use which would result in substantially increasing the flood damage potential of that use shall be flood proofed in accordance with the State Building Code. 15. Administration. Community Development Director shall administer and enforce this section. If he finds a violation of the provisions of this section he shall notify the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. 16. Use Permit. 1. Use Permit Required. A use permit issued by the Community Developemnt Director in conformity with the provisions of this section shall be secured prior to the erection, addition or alteration of any building, structure or portion thereof; prior to the use or change of use of a building, structure or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the flood plain. 2. Application for Use Permit. Application for a Use Permit shall be made in duplicate to the Community Development Director on forms furnished by him and shall include the following where applicable: plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials; and the location of the foregoing in relation to the stream channel. 3. State and Federal Permits. Prior to granting a Use Permit or processing an application for a Conditional Use Permit or Variance, the Community Development Director shall determine that the applicant has obtained all necessary State and Federal permits. 4. Certificate of Zoning Compliance for a new, altered or nonconforming use. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use of structure until a Certificate of Zoning Compliance shall have been issued by the Community Development Director stating that the use of the building or land conforms to the requirements of this section. Where a nonconforming use of structure is extended or substantially altered, the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming 12 structure or use differs from the provisions of this section. 5. Construction and Use to be as Provided in Application, Plans, Permits and Certificate of Zoning Compliance. Use Permits, Conditional Use Permits or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorized only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. The application shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Flood -proofing measures shall be certified by a registered professional engineer or registered architect. 6. Record of First Floor Elevation. The Community Development Director shall maintain a record of the elevation of the first floor (including basement) of all new structures or additional to existing structures in the flood plain districts. He shall also maintain a record of the elevations to which structures or additions to structures are flood -proofed. 17. Variances. A. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure' continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. B_ Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. D. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 3. A determination that granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public or conflict with existing local laws or Ordinances. E. In passing upon such variances, the decision -making body shall 13 consider all technical evaluations, all relevant factors, standards specified in other section of this Ordinance, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility in the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. The safety access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater and the effects of wave action and allowance for debris, if applicable, expected at the site; 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public facilities and facilities such as sewer, gas, electrical, water system and streets and bridges. F. Generally, variances may be used for new construction and substantial improvements to be erected on a lot of less than one-half acre contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing subsection E of this section has been fully considered and land use is consistent with the general plan and coastal land use plan. G. Upon consideration of the factors of this section, the reviewing body may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. H. A community shall notify the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and such construction below the base flood level increases risks to life and property. Such notification shall be maintained 14 with a record of all variance actions as required in paragraph (a)(6) of this section; and I. A community shall maintain a record of all variance actions, including justification for their issuance and report such variances issued in its annual or biennial report submitted to the Administrator. 18. Amendments. The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to his rule may be permitted by the commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of this Ordinance amendment or technical study under consideration. 19. Penalties for Violation. 1. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be punishable as defined by law. 2. Nothing herein contained shall prevent the City of Stillwater from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: a. In responding to a suspected Ordinance violation, the Community Development Director and Local Government may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after -the -fact permits, orders for corrective measure or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct Ordinance violation to the extent possible so as not to jeopardize its eligibility in the National 15 Flood Insurance PRogram. b. When an Ordinance violation is either discovered by or brought to the attention of the Community Development Director, the Community Development Director shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. c. The Community Development Director shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Community Development Director may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Community Development Director may either 1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or 2) permit/development approval within a specified period of time not to exceed thirty ( 30 ) days. d_ If the responsible party does not appropriately respond to the Community Development Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Community Development Director shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. 16