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HomeMy WebLinkAbout2007-12-10 CPC PacketTHE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, DECEMBER 10, 2007 The City of Stillwater Planning Commission will meet on Monday, December 10, 2007, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 CALL TO ORDER 2 APPROVAL OF November 14, 2007 MINUTES 3 PUBLIC HEARINGS 3 01 Case No 07-50 A Zoning Map Amendment and Zoning Text Amendment request to rezone the property located at 927 Churchill Street W and surrounding properties from RB, Two Family Residential to PA, Public Administration Curt Geissler, representing Lakeview Hospital, applicant 3 02 Case No 07-52 A special use permit request for a wireless communications tower located at 400 West Poplar Street, behind Stillwater Country Club maintenance building Steve Carlson, T-Mobile, applicant 3 03 Case No 07-53 An amendment to a conditional use permit for a 24-hour "pay at the pump" service located at 1101 North Owens Street in the CA, General Commercial District Kevin Amundson, applicant 4 OTHER BUSINESS CITY HALL 216 NORTH FOURTH STREET STILLWATER MINNESOTA 55082 PHONE 651 430 8800 • WEBSITE wwwci stillwatermn us 1 City of Stillwater Planning Commission November 14, 2007 Present Mike Dahlquist, Vice chairperson Gregg Carlsen Taylor Luke David Peroceschi Charles Wolden Absent Suzanne Brown Dan Kalmon Dave Middleton and Wally Milbrandt Staff present Community Development Director Turnblad Approval of minutes The minutes of the October 8 2007 meeting were approved by unanimous vote PUBLIC HEARINGS Case No V07-48 A request for a variance for construction of a porch located at 518 S Fourth St in the RB Two -Family Residential District Colleen and Del Blocher applicants The applicants were present Mr Turnblad reviewed the staff findings and recommendations It was noted that the required setback in this district is 20 feet from the front lot line what is being proposed is about a 13 9 setback from the property line to the porch step It was noted that a survey has not been done so a fudge factor of about 6 was allowed for the numbers According to the report staff is a bit concerned that the home is currently about 20 from the setback, as is an adjacent small office building The home immediately to the north is setback farther than the Blockers home and the office building so the request could create a situation where this home will be projecting in front of the existing buildings on either side Mr Turnblad said staff is recommending something of a compromise recognizing that an entrance is required The existing landing at the front of the house is minimal he noted and the house would be architecturally improved by the detailing of the proposed porch Staff recognizes there are things to be gained from the proposed porch addition but believes that getting too close to the street emphasizes the fact that this building is the closest to the street on that block Staff is suggesting that the steps be pushed about two feet closer to the house creating a deck/porch area about 3 wide across the entire front of the house that would put the porch addition 2 farther from the road Mr Turnblad stated Ms Blocher explained that they had some trouble with the foundation of the house and originally they were just looking at dealing with that problem At one time there was a wrap -around porch on the house she stated a photo showing the house with wrap -around porch was shown later in the discussion She said their intent was not to replicate that The intent was not to have a sitting porch it is more of an awning than a porch she suggested Mr Blocher stated they were looking at updating the windows in the turret but contractors suggested they not do that until the foundation is secured Mr Blocher noted that currently there is no overhang over the stoop by extending out it will provide a bigger barrier and gradient from the foundation The Blochers contractor stated the addition is architecturally designed to fit the home During the discussion with the applicants the applicants noted that the proposed stoop would extend less than City of Stillwater Planning Commission November 14, 2007 the existing stoop and the existing turret extends out farther than the proposed porch addition Mr Dahlquist opened the public hearing No comments were received and the hearing was closed Mr Peroceschi spoke in favor of the proposal and moved for approval as submitted by the applicants Mr Wolden seconded the motion motion passed unanimously OTHER BUSINESS Annual B&B report — Mr Turnblad reviewed the annual report of the seven Bed & Breakfast facilities He noted there had been no complaints on any of the B&Bs and no reported changes from the conditions of the conditional use permits He said the recommendation is to review the report with no action required of the Commission Meeting was adjourned at 7 25 p m Respectfully submitted Sharon Baker Recording Secretary tiliwater 8 P I II P I 0 _M 4 I 0 I n DATE TO December 5, 2007 Planning Commissioners REQUEST 1) Rezone Lakeview Hospital site from RA & RB to PA 2) Amend Zoning Ordinance to permit Hospitals in PA District rather than allowing only by Special Use Permit HEARING DATE December 10, 2007 REVIEWERS City Planner PREPARED BY Bill Turnblad, Community Development Director j BACKGROUND The Lakeview Hospital is giving thought to future facility needs As part of its planning process the hospital is considering such factors as whether the Churchill Street site could physically support expansion and whether such expansion would be politically achievable Currently the hospital site is zoned residentially and any expansion requires a Special Use Permit (SUP) This includes a complete public hearing and public review process In order to give some certainty to the vagaries of the public review process, the hospital has requested 1) a rezoning of the property to PA, Public Administration (which is an institutional classification), and 2) an ordinance amendment to permit a hospital in a PA zone without a SUP The effect of approving the requests would be that as long as a building addition or other site improvements were to meet all of the land use massing and performance standards of the PA district, a building permit could be issued without a public review process I Lakeview Hospital December 5 2007 Page 2 SPECIFIC REQUEST Lakeview Hospital has requested 1) A rezoning of the hospital site property from RA, Single Family Residential and RB, Two -Family Residential to PA, Public Administration, and 2) An amendment to the Zoning Ordinance which would change the hospital use from a 'specially permitted" use in the PA, Public Administration Zoning District to a 'permitted" use ANALYSIS The request is two -fold both rezone the hospital site for institutional uses and classify a hospital use as a permitted use within the institutional district Only a rezoning from residential to institutional will not by itself accomplish the desired goal of the hospital Hospitals are currently allowed only by Special Use Permit (SUP) in the PA zoning district Therefore, if only the rezoning is approved, the hospital would still be required to go through the public hearing and review process for any proposed site changes When reviewing both a rezoning request and a code amendment request, the City Code establishes three review criteria 1 These requests are to 1) further the general community welfare", 2) be in accordance with good zoning practice , and 3) be in conformance with the Comprehensive Plan General community welfare To determine whether the first standard is met requires balancing the value of a hospital located within a community against the impact of an institutional facility upon the immediate neighborhood There is little doubt that a community as a whole would consider having a hospital located fairly centrally to be a valuable asset Whether this asset to the whole community offsets the impact felt by the immediate host neighborhood is a discussion that the Planning Commission will need to have Just a note on this issue the public hearing notices were only sent to people living within 350 feet of the hospital Consequently, the voice of the community as a whole will likely not be present at the hearing The Planning Commission will have to keep their 1 City Code Ch 31 Section 31 205(a) Lakeview Hospital December 5 2007 Page 3 values in mind as it considers any concerns that the immediate neighborhood may present Conformance with Comp Plan The city's 1995 Comprehensive Plan lends no insight into this specific land use case The only institutional uses addressed in the plan are city government and city infrastructure Hospitals, schools and other important institutional uses are not addressed Good zoning practice What do other cities do? To gauge what is acceptable in other cities, the following table was compiled City Use status District Name of district Stillwater SUP RA, R-B PA One and two-family residential districts and institutional district Woodbury CUP B-1 Office Park Permitted B-2 General Business CUP FD-2 Freeway Transition District Bayport CUP B-2 Central Business District Oak Park Heights CUP R-B Residential/ Business Transitional CUP P-I Public Institutional Hastings CUP A Agricultural Permitted C-O Commercial Office Permitted C-2 Central Business District Oakdale SUP G Gateway District Permitted C-2 Community Commercial Forest Lake Permitted B-2 Central Business District Pernutted B-1 Limited Business District Inver Grove Heights Permitted P Public Institutional Maplewood CUP P-I Public Institutional • Just over half of the cities allow a hospital in at least one zoning district without a CUP or SUP • A solid majority of cities allow hospitals without a CUP or SUP only in business districts • No city other than Stillwater allows hospitals in a purely residential zoning district What are the pros and cons of the request? From the city's perspective, the pros and cons are as follows Lakeview Hospital December 5 2007 Page 4 • Pro Approving both amendments would encourage the hospital to stay at its current centralized location • Neutral The current regulations that apply to any building project in the PA district already mandate a number of design standards that must be met including building height and setbacks, sign sizes and types, parking standards, setbacks and landscaping along residential property lines, loading space design and setback, landscaping, surface water management All of these standards would have to be met prior to issuance of a building permit even if there was no SUP review • Con Neighbors would not have the opportunity to comment on a project in a public hearing setting SUMMARY • Judging by the surveyed cities, it appears that having a hospital on property zoned non-residential is standard practice Therefore it would be acceptable to rezone the Lakeview Hospital site since it is currently zoned residential However, there is no clear standard when it comes to whether the hospital use ought to be allowed by CUP/SUP or whether it ought to be outright permitted • The proposal is not contrary to the city's comprehensive plan • Whether the request is deemed to be in furtherance of the general community welfare is a subjective decision that the Planning Commission and City Council will have to make as it considers the request When considering this, it will be important to discuss whether massing and other performance standards that are already in place in the City Code would sufficiently protect the interests of the immediate neighborhood If so, then the request to allow a hospital as a permitted use rather than a CUP could be approved RECOMMENDATION Staff recommends approval of the rezoning, since it is standard zoning practice to have hospitals in non-residential districts Moreover, if the Planning Commission believes that massing and other performance standards that are already in place in the City Code would sufficiently protect the interests of the immediate neighborhood, then staff would recommend approval of the code amendment request as well attachments Current zoning map Air photo LAKEVIEW HOSPITAL A member of Laker iew Health November 26, 2007 Community Development Department City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Regarding Zoning Amendment To Whom It May Concern Lakeview Memonal Hospital Association is requesting the following 927 Churchill Street West Stillwater Minnesota 55082 Phone (651) 439 5330 Toll Free (800) 423 7212 Fax (651) 430 4528 www lakeview org o Change current zomng status for all plats highlighted on attached map from Residential to Public Admuustration ® Change Public Administration zomng from hospital as special use permit to allowable As part of the research for this request, we discovered parcels of vacated land abuttmg South Greeley Street that are currently registered as being owned by Washington County (parcel 3303020220031) and the City of Stillwater (South Greeley Street extension) We have asked David Magnuson to assist us in researching and resolving the ownership of these parcels Thank you for your consideration Sincerellyy, i —.e.--?_,A Curt Geissler, President Attachments r WEST H 1..1.E TREET a ABBOTT J WEST I ANDERSOf1 SJfi 1 Location Map c • • 1 H W VJ H W cc W H - HAND iii J.--- 1__ --gin � � -.• - _-_ a T32N DIN T3ON T29N T28N T27N R22W R2IW 1229W Vicinity Map 0 Tee 156 Scale in Feet and oproducbon of land records as et" bobeen TMreswror bdraweenwe e. any used toe ry .,. • su„>.,.r, pee. Pomo; des based on AS400 elem., ovoent through September be, 2C07 Map pooled November 13 2007 W W W 0 2 1- 0 0) 3303020220024 3303020220025 3303020220019 330 3020 220027 WEST ANDERSON 3303020220030 3303020220022 3303020220023 3303020210087 ST 3303020220029 3303020220028 3303020210091 c J y Q Ii N O O M 3303020210089 3303020230002 3303020240040 3303020240038 3303020240039 3303020240035 W 3303020210079 3303020210080 HANCOCK STF City of Stillwater, MN �L�LJ I I I Feet Community Development Department 0 40 80 160 240 320 216 North Fourth Street 1 inch equals 98.722087 feet Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax Ciyof Community Development Department Lakeview Hospital Current Zoning L _ L Zoning Districts A-P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential '` ) CR, Cottage Residential CTR, Cove Traditional Residential ▪ CCR, Cove Cottage Residential Ell CTHR, Cove Townhouse Residential ▪ TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial - CA - General Commercial ▪ CBD - Central Business District BP-C, Business Park - Commercial ▪ BP-O, Business Park - Office BP -I, Business Park - Industrial IB - Heavy Industrial ▪ CRD - Campus Research Development ▪ PA - Public Administration ) ) [ -1 11111111 I I TZ - Transitional Zone (Township) Public Works Facility ROAD 11111 Railroad WATER Requested rezoning area 111131tV WAWA." 74Iij' " le*'- •t .e iss- gAta ' vt ‘% '% /_ Community Development Department Lakeview Hospital Rezoning Area Planning Commission DATE REQUEST APPLICANT LAND OWNER LOCATION December 5, 2007 CASE NO 07-52 Special Use Permit to construct at 75 foot tall wireless communication monopole tower with necessary ground appurtenances Steve Carlson for T-Mobile Stillwater Country Club Northwest corner of the site at 1754 Washington Ave COMPREHENSIVE PLAN DISTRICT ZONING MEETING DATE REVIEWED BY PREPARED BY SFLL - Single Family Large Lot RA - One -Family Residential December 10, 2007 Community Development Director Michel Pogge, City Planner BACKGROUND Steve Carlson for T-Mobile has made application for a special use permit to construct a 75-foot tall wireless communication monopole tower and to install necessary ground appurtenances at 400 West Poplar Street behind the Stillwater Country Club Necessary appurtenances include a proposed equipment platform that is approximately 10'6" x 6' On the platform will be four equipment boxes with the tallest box being approximately 12' tall from the ground surface elevation All of the equipment and tower will be enclosed with a chain link fence T Mobile Communication Tower Decembei 6 2007 Page 2 SPECIFIC REQUESTS A communication tower in the RA district requires a Special Use Permit from the Planning Commission 1 Therefore, Steve Carlson for T-Mobile has requested the Planning Commission to consider and approve a Special Use Permit for the placement of the new communication tower EVALUATION OF REQUEST The Planning Commission may grant a Special Use Permit for a communication tower in a RA district when the following conditions are met2 1 Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts, This is not applicable to this request 2 All antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multicolored and may contain no signage, including logos, except as required by the equipment manufacturers or city, state or federal regulations This tower is below the height requirement that automatically requires painting and lighting by the FAA Additionally, since there are no airports within 2 miles of this site it is unlikely that the FAA will require any marking for this tower site at the proposed height T-Mobile indicated in their application that they will not include any advertising on this site There will be required regulatory and advisory szgnage on this site as required by state or federal regulations and the equipment manufacturer Finally, T-Mobile has indicated that they would propose to paint the tower brown in color Since the tower is slightly taller than the surrounding trees staff recommends that the tower be painted a grayish -blue tone in order to blend with the skyline 3 An antenna placed on a primary structure may be no taller than 15 feet above the primary structure Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street The first part of this requirement is not applicable to this request For the second part staff recommends that the equipment cabinets and the platform be painted a color that matches the rear wall of the Stzllzvater Country Club's maintenance building 4 Monopoles only are allowed in residential districts The proposed tower is a stealth style monopole where the antenna will be concealed inside the pole 1 City Code Section 31 512 Subd 3 2 City Code Section 31 512 Subd 3 (a) T Mobile Communication lower December 6 2007 Page 3 5 Minimum land area for freestanding monopoles site in residential districts is one acre The subject parcel is Just over 3 acres in size and is part of the much larger Stillwater Country Club site 6 A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated The proposed tower is 75 feet and satisfies this requirement Additionally, the applicant has indicated in their application that they will permit collocation on the tower 7 A tower may not be located within 100 feet of any existing or planned residential structure The tower is approximately 200 feet from any existing residential structure The nearest planned residential structure will be in Fairview Villas which will be approximately 150 feet away 7 A tower must be setback from a street line a minimum of the height of the tower and any antenna, and towers or antennas may be sited in preferred locations as listed in Subd 2 of this Section 31-512 subject to design permit approval The tower is approximately 180 feet from the nearest right-of-way, which is Poplar Street The golf course location is one of the preferred locations as listed in Section 31- 512, Subd 2 Finally, some of the preferred locations are in areas that required a design permit This location however, is outside the design review areas and therefore does not need a design permit T Mobile Communication Tower December 6 2007 Page 4 ALTERNATIVES The Planning Commission has the following options 1 Approve the requested Special Use Permit with the following conditions a All revisions to the approved permit shall be reviewed and approved by the Community Development Director b No additionally signage is allowed, except for required regulatory warning signs The applicant shall submit all required regulatory warning signs for review and approval by the Community Development Director prior to installation c The entire tower shall be painted grayish -blue tone in order to blend with the skyline The tower shall be periodically painted in order to maintain the correct color The determination on when the tower shall be repainted will be made by the City of Stillwater Commuruty Development Director T-Mobile, or the current owner, shall repaint the tower within 90 days after receiving notice by the City d The equipment platform and cabinets shall be painted the same color as the adjacent rear wall of the Stillwater Country Club's maintenance building The determination on when the platform and cabinets shall be repainted will be made by the City of Stillwater Community Development Director T-Mobile, or the current tower owner, shall repaint the tower within 90 days after receiving notice by the City 2 Deny the Special Use Permit If the Commission is going to deny the request then the action must be in writing and provide a rational for denying the permit If the Commission is chooses to deny the request, staff would suggest that the Commission verbally provide the rational for denial and then table action to your January 14, 2008 meeting when staff will present a formal resolution denying the request for the Commission's consideration 3 Continue the public hearing until January 14, 2008 in order for the applicant to submit additional information The 60 day decision deadline for the request is January 15, 2008, however, staff could extend the review deadline for an additional 60 days as allowed by state statutes RECOMMENDATION City staff believes that the proposed tower satisfies the necessary conditions for a SUP and therefore recommends approval with the conditions detailed above attachments Applicant's Letter, site plan, and accompanying material PLANNING ADMINISTRA N APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and eng►neenng fees The fees for requested action are attached to this application The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with anyapplication All support►ngmater►al (► e , photos, sketches, etc) submitted with application becomes the propertyof the C►tyof Stillwater Sixteen (16) copies of supporting material is required If appl►cat►on is submitted to the City Council, twelve (12) copies of supporting material is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting material will delay the application process After Planning Commission approvals, there is a 10 day appeal period Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits 4c Address of Project l 54 Zekr Sf Zoning District lip A- Description of Project 1 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct 1 further certify I will compllew►th the permit if it is granted and used (( _ �rl5dh — ( 0406, 4.' Mailing Address 346 e_Dvn-fry (2€ City State Zip s (6a-1c f ► /`V1 N 5C'Z Telephone No (2 S/- Lf3' - 6030 Signature c% 1� fired (Signatufe is required) ) SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off street parking spaces PROPERTY IDENTIFICATION Assessor s Parcel No 2-1-(13- 02-0 - 2-3- DOOM' ,/ //� -(GEO/ Code), IUL 2SS COMM uvt(C� Tr01 fy /Oc ec rie Property Owner 5Til /k J r (look vvh Mailing Address / 41 z I )vr `J 5 Zip ✓�i//wa f((t')/U 5Sc Z City Stat Telephone Signature o (o51 7 (Sign Lure is req Lot Size (dimensions) x Land Area _ Height of Buildings Stories Feet Principal Accessory H \mrnamara\chPIIa\PI ANAPP FRM June 9 2006 Representative IN(TON N COMMERCIAL REAL ESTATE SERVICES INC November 16 2007 City of Stillwater Michel Pogge 216 N 4th Street Stillwater MN 55082 Dear Mr Pogge Re Conditional Use Permit Application regarding T Mobile proposed wireless antenna facility on Stillwater Country Club property located on West Poplar Street Overview T Mobile provides state of -the -art wireless telecommunications service throughout the Twins Cities metropolitan area including the city of Stillwater This application arises from efforts by T-Mobile to fill a significant coverage gap Currently, T-Mobile is experiencing a significant area of unacceptable coverage throughout a portion of Stillwater north of Myrtle Street up to Highway 96, and east of Owens Street Wireless careers such as T Mobile are facing the challenge of providing quality wireless telecommunications services within residential neighborhoods throughout the country It is currently estimated nationally that roughly 76 percent (233 million subscribers) of the U S population subscribes to wireless service A growing trend is for households to eliminate the traditional land line phone and rely entirely on their wireless service Over the past year alone wireless only households grew 52% from approximately 8 4 percent to 12 8 percent of U S households (Interview Survey, National Center for Health Statistics, May 14, 2007) This continuing trend in mobile phone use requires that T Mobile provide quality in buildmg coverage in both commercial and residential neighborhoods such as the subject location T Mobile Seeks to Fill a Coverage Gap Existing Resources Considered First T Mobile s efforts to provide service to this area focused first on maximizing the use of existing infrastructure surrounding the coverage area including existing towers water towers as well as existing T-Mobile antenna facilities elsewhere surrounding the City These surrounding facilities are operating at maximum capability After a thorough search, no towers or other tall structures were identified withm one half mile of the proposed site T-Mobile already has facilities at the Houlton Wisconsin location off Hwy 36/35, a facility at the Brines Market on Curve Crest Blvd as well as locations in Stillwater Township to the north and Grant to the northwest The neighborhood in question represents a hilly mature residential neighborhood with mature trees No existing towers or other tall structures exist in this neighborhood to collocate antennas We have selected the existing site as it meets both the city code requirements for such a facility and because of its secluded, and well screened setting Stillwater Country Club Construction Site We have identified one possible location on this site that could accommodate a 75-foot tall communication facility This new location could support up to two carriers (T-Mobile plus one additional carrier) exceeding requirements by the City code in both ground space for equipment, and tower space for antennas The location selected for the communication facility is located directly behind the Country Club s maintenance facility This location is off a dead end road and is well screened by existing, 50 to 60-foot tall mature trees Visibility of the communication facility will be limited to the top 10 feet or so from the residences immediately to the north and east, and will be 346 COUNTRY ROAD / STILLWA FER MN 55082 / TEL (651) 439 6030 / FAX (651) 846-5128 November 16 2007 completely screened from any potential historical homes of the neighborhood The communication facility will include a 15 foot by 30 foot fenced compound with the tower and related equipment inside the secured site Public Safety T Mobile s need for additional coverage in this neighborhood is driven by the current use of Stillwater residents Adequate in building coverage as well as outdoor and in vehicle coverage is necessary for adequate Enhanced 911 service technology All wireless base stations must meet the science based RF emission guidelines of the Federal Communications Commission (FCC) which establish very conservative exposure limits to ensure that the health of all citizens is protected The guidelines are designed with a substantial margin of safety (source CTLA) T Mobile provides a valuable public safety function in the form of a relatively new technology called Enhanced 911 (E911) E911 is an emergency service designed to provide additional protections for wireless phone users E9 11 does three things Ensures that a wireless 91 I call is routed to the nearest emergency dispatch call center 2 Provides emergency dispatchers with the call back number of the distressed caller and 3 Provides the approximate location of the distressed caller Wireless providers must have enough antennas placed throughout communities to ensure a distressed caller s wireless phone has adequate signal available to make an emergency call stay connected with the 911 operator and be located by emergency services In summary of all the potential location options in or near this neighborhood we believe the Stillwater Country Club location represents the best option for a wireless telecommunication site that can meet T-Mobile's coverage needs Once f-Mobile receives zoning approval from the City of Stillwater we will proceed with finalizing construction plans and submit the necessary engineering specifications to your inspections Department for review regarding building code compliance Sincerely Steven J Carlson Attachments • Exhibit A — • Exhibit B — • Exhibit C • Exhibit D — • Exhibit E — Compliance with Stillwater s Zoning Ordinance Site Plan Survey and Elevation Drawings Coverage Plot Maps Street map indicating one mile search area for existing towers Photo Simulation Page 2 of 2 EXHIBIT A T-Mobile USA Conditional Use Permit Application Site Information Applicant Contact Site Location Current Zoning Municipal Utilities T-Mobile Central, LLC (dba T-Mobile USA) Steve Carlson Carlson & Harrington, Inc 346 Country Road Stillwater, MN 55082 651 439 6030 (Phone) 651 846 5128 (Fax) 400 West Poplar Street RA, Residential The site is served by Municipal utilities Adjacent Zoning Direction North South East West Zone RA, Residential RA, Residential RA, Residential RA, Residential Case History 400 West Poplar Street is located in the northern section of the City of Stillwater The current use of the property is the maintenance facility for the Stillwater Country Club, a privately owned golf course facility A newly constructed metal -clad warehouse building sits on this property This is an irregular -shaped parcel containing over three acres of land area Development surrounding the site is predominately golf course property to the south and west, and single family residential to the east A new twin -home residential development is proposed to the north Mature trees line the subject property to the north and east, screening the improvements on this site from the nearby residential properties A site plan is enclosed in Exhibit B for your reference Introduction Page 1 of 5 T-Mobile USA is requesting an Conditional Use Permit in order to develop a wireless telecommunications monopole tower ("Communication Site") at 400 West Poplar Street The proposed communication tower will be placed at the rear of the existing maintenance building The associated equipment necessary for the operation of the antennas would be located adjacent to this tower, and will be secured by a chain link fence with barb wire protection The radio equipment is enclosed in weatherproof cabinets, and set on a steel platform Please refer to the attached site plan and drawings for details (Exhibit B) The Permit in question is being requested per the following sections of the City of Stillwater zoning Code Section 31-512 Subject Regulation of Radio and Television Towers Chapter 31 "Zoning Code" — Section 512 Subd 1 Purpose In order to accommodate the communication needs of residents and business while protecting the public health, safety, general welfare and aesthetics of the community, the city council finds that this Section 31-512 is necessary in order to (a) Facilitate the provision of wireless telecommunication services to the residents and businesses of the city, (b) Minimize adverse visual effects of towers and antennas through setting design standards, (c) Avoid potential damage to adjacent properties from tower failure through structural standards, lot size requirements and setback requirements, and (d) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community Subd 2 Location preferences for antennas and towers (a) Water towers (b) Collocations on existing telecommunications towers (c) Sides and roofs of buildings over two stories (d) Existing power or telephone poles (e) Government and utility sites (f) School sites (g) Golf courses or public parks when compatible with the nature of the park or course (h) Regional transportation corridors Subd 3 Antenna and towers in residential districts (RA RB RCM RCH) Any person, firm or corporation erecting a tower or antenna in a residential district must obtain a conditional use permit and meet the following requirements (a) Communication antennas, subject to the following conditions (1) Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts (2) All antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multicolored and may contain no signage, including logos, except as required by the equipment manufacturers or city, state or federal regulations • T-Mobile's proposed site design includes no use of advertising, and is proposed to be painted brown in color Page 2 of 5 (3) An antenna placed on a primary structure may be no taller than 15 feet above the primary structure Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street • Not applicable (4) Monopoles only are allowed in residential districts • T-Mobile is proposing a monopole design (5) Minimum land area for freestanding monopoles site in residential districts is one acre • The subject site is over three acres in size, and is part of a much larger property (Stillwater Country Club) (6) A tower and any antenna combined may be no more than 75 feet in height, or 100 feet in height if collocated • T-Mobile's proposed structure is proposed at 75 feet in height T-Mobile may be willing to extend this tower height to 100 feet to accommodate additional wireless carriers (7) A tower may not be located within 100 feet of any existing or planned residential structure • The nearest existing or planned residential structure from the proposed tower location is over 180 feet (8) A tower must be setback from a street line a minimum of the height of the tower and any antenna, and towers or antennas may be sited in preferred locations as listed in Subd 2 of this Section 31-512 subject to design permit approval • The proposed tower location is approximately 185 feet from the nearest right of way Its location on the Stillwater Country Club golf course is consistent with the preferred locations listed in Subdivision 2 of this zoning code section Subd 4 Stillwater West business park districts- Business park commercial business park office business park industrial (BP-C BP-0 and BP -I) Any person, firm or corporation erecting a tower or antenna in the Stillwater West Business_ Park shall require a conditional use permit and meet the following requirements of this Section 3,1-5'12 • This section is not pertinent to T-Mobile's proposal Subd 5 Central business district (CBD) and professional administrative (PA) district Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements • This section is not pertinent to T-Mobile's proposal Subd 6 St Croix River overlay district No communication antenna or communication tower may be located in the St Croix River Overlay District, shoreland or floodplain districts • This section is not pertinent to T-Mobile's proposal Subd 7 Performance standards All personal wireless communication towers erected, constructed, or located within the city must comply with the following requirements (a) Colocation requirements A proposal for a new personal wireless communication service tower may not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one half -mile radius of the proposed tower due to one or more of the following reasons • There are no existing towers, water towers or other tall structures suitable for antenna collocation within one-half mile of the proposed tower location (b) Tower construction requirements All towers erected, constructed or located within the city, and all wiring therefore, shall comply with the following requirements Page 3 of 5 (1) Monopoles are the preferred tower design However, 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 monopole No guy wires may be used • T-Mobrle is proposing a monopole design with a concealed antenna design The wireless antennas on this tower will be concealed within a canister that is similar In diameter as the pole Itself The entire pole and canister Installation will be painted in srmrlar color (2) Towers and their antennas must comply with all applicable provisions of this Code (3) Towers and their antennas must be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable reviewing agencies • T-Mobile will provide complete engineering specifications to the city of Stillwater upon application for a budding permit (4) Towers and their antennas must be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code • T-Mobile will provide complete engineering specifications to the city of Stillwater upon application for a budding permit (5) Metal towers must be constructed of or treated with corrosion -resistant material • T-Mobile is proposing to paint the tower brown in color for aesthetic reasons The painting process provides corrosion protection (6) Any proposed communication service tower of 100 feet in height must be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas at least one additional user To allow for future rearrangement of antennas upon the tower, the tower must be designed to accept antennas mounted at no less than 20 foot intervals • T-Mobrle is designing the 75-foot tower to accommodate both T-Mobile's needs and that of a similar wireless carrier T-Mobile would consider increasing the tower design to 100 feet to better provide for additional wireless carriers in this neighborhood (7) All towers must be reasonably protected against unauthorized climbing The bottom of the tower (measured from ground level to 12 feet above ground level) must be designed in a manner to preclude unauthorized climbing to be enclosed by a six -foot -high chain link fence with a locked gate • T-Mobile will comply with this requirement (8) All owners and their antennas and relative accessory structures must utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible • T-Mobrle utilizes weather-proof cabinets that are painted with an ivory -colored, anodized paint finish The cabinets will be located adjacent to, and behind the metal - clad maintenance building, concealing the facility from Poplar Street Existing vegetation and elevation changes to the north and east will conceal this facility from any existing or proposed homes in those directions (9) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities • T-Mobile will comply with this requirement Page 4 of 5 (10) Towers and their antennas may not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority • The proposed tower should not require hghting for airspace safety as it falls well below the 200-foot limit for FAA requirements A small, shielded security light is proposed at approximately 20 feet above grade (11) No part of any antenna or tower, nor any lines, cable, equipment, wires or braces, may at any time extend across or over any part of the right-of-way, public street, highway or sidewalk • T-Mobile's site design complies with this requirement (12) All communication towers and their antennas must be adequately insured for injury and property damage caused by collapse of the tower • T-Mobile carries adequate commercial general habality coverage on every facility it owns and operates (13) All obsolete or unused towers and accompanying accessory facilities must be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city council After the facilities are removed, the site must be restored to its original or an improved state • T-Mobile wall comply with this requirement (14) In addition to the submittal requirements required elsewhere in this Code, applications for building permits for towers and their antennas must be accompanied by the following information i The provider must submit confirmation that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations ii A report from a qualified professional engineer shall be submitted which does the following a Describes the tower height and design including a cross section and elevation, b Demonstrates the tower's compliance with the aforementioned structural and electrical standards, c Documents the height above grade for all potential mounting positions, or collocated antennas and the minimum separation distances between antennas, d Describes the tower'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 iii A letter of intent committing the tower owner or his successors to allow the shared use of the tower as long as there is no negative structural impact upon the tower and there is no disruption to the service provided Page 5 of 5 Case 07-52 400 Poplar Street T-Mobile N A 0 50 100 200 300 400 1 inch equals 200 feet City of Stillwater, MN ELFU 1 1 I Feet Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax 8 I 7 6 5 4 3 2 VICINITY MAP PROJECT DATA 0 it e •� T MOBILE SITE A1N184 W POPLAR ST STILLWATER MN W MYRTLE ST GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM 1 THE CONTRACTOR SHALL SUPERVISE AND DIRECT ALL WORK USING HIS BEST SKILL AND ATTENTION HE SHALL BE SOLEY RESPONSIBLE FOR AU. CONSTRUCTION MEANS METHODS TECHNIQUES PROCEDURES AND SEQUENCES FOR COORDINATING ALL PORTIONS OF THE WORK UNDER THE CONTRACT 2 THE CONTRACTOR SHALL VISIT THE JOB SITE TO REVIEW THE SCOPE OF WORK AND EXISTING JOB SITE CONDITIONS INCLUDING BUT NOT LIMITED TO MECHANICAL ELECTRICAL SERVICE AND OVERALL COORDINATION 3 THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS PRIOR TO SUBMITTING HIS BID ANY DISCREPANCIES CONFLICTS OR OMISSIONS ETC SHALL BE REPORTED TO THE ENGINEER BEFORE PROCEEDING WITH THE WORK 4 THE CONTRACTOR SHALL PROTECT ALL AREAS FROM DAMAGE WHICH MAY OCCUR DURING CONSTRUCTION ANY DAMAGE TO NEW AND EXISTING CONSTRUCTION STRUCTURE OR EQUIPMENT SHALL BE IMMEDIATELY REPAIRED OR REPLACED TO THE SATISFACTION OF THE TENANT OR BUILDING OWNER OR OWNER S REPRESENTATIVE, AT THE EXPENSE OF THE CONTRACTOR 5 THE CONTRACTOR SHALL BE RESPONSIBLE FOR AND SHALL REPLACE OR REMEDY ANY FAULTY IMPROPER OR INFERIOR MATERIALS OR WORKMANSHIP OR ANT DAMAGE WHICH SHALL APPEAR WITHIN ONE YEAR AFTER THE COMPLETION AND ACCEPTANCE OF THE WORK UNDER THIS CONTRACT 6 THE CONTRACTOR SHALL REMOVE ALL RUBBISH AND WASTE MATERIALS ON A REGULAR BASIS AND SHALL EXERCISE STRICT CONTROL OVER JOB CLEANING THROUGHOUT CONSTRUCTION INCLUDING FINAL CLEAN—UP UPON COMPLETION OF WORK ALL AREAS ARE TO BE LEFT IN A BROOM CLEAN CONDMON AT THE END OF EACH DAY 7 THE CONTRACTOR SHALL SAFEGUARD THE OWNER S PROPERTY DURING CONSTRUCTION AND SHALL REPLACE ANY DAMAGED PROPERTY OF THE OWNER TO ORIGINAL CONDITION OR BETTER 8 IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO LOCATE ALL EXISTING UTILITIES WHETHER SHOWN HEREIN OR NOT AND TO PROTECT THEM FROM DAMAGE THE CONTRACTOR SHALL BEAR AU. EXPENSES FOR REPAIR OR REPLACEMENT OF UTILITIES OR OTHER PROPERTY DAMAGED IN CONJUNCTION WITH THE EXECUTION OF WORK 9 THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE SECURRY OF THE SITE WHILE THE JOB IS IN PROGRESS AND UNTIL THE JOB IS COMPLETED PER U B C 10 ALL CONSTRUCTION WORK SHALL CONFORM TO THE U B C AND ALL OTHER GOVERNING CODES ALONG WITH THE GOVERNING RESTRICTIVE CODES 11 THE CONTRACTOR AND AU. SUBCONTRACTORS SHALL COMPLY WITH ALL LOCAL CODE REGULATIONS AND STATE DEPARTMENT OF INDUSTRIAL REGULATIONS AND DIVISION OF INDUSTRIAL SAFETY (OSHA) REQUIREMENTS REFER TO THE CODES SECTION OF THIS SHEET 12 THE CONTRACTOR SHALL OBTAIN AND PAY FOR ANY PERMFTS UCENSES AND INSPECTIONS NECESSARY FOR PERFORMANCE OF 7HE WORK AND INCLUDE THOSE IN THE COST OF THE WORK TO THE OWNER 13 FIGURED DIMENSIONS HAVE PRECEDENCE OVER DRAWING SCALE AND DETAIL DRAWINGS HAVE PRECEDENCE OVER SMALL SCALE DRAWINGS CHECK ACCURACY OF ALL DIMENSIONS IN THE FIELD UNLESS SPECIFICALLY NOTED DO NOT FABRICATE ANY MATERIALS OFF —SITE OR PERFORM ANY CONSTRUCTION UNTIL THE ACCURACY OF DRAWING DIMENSIONS HAVE BEEN VERIFIED AGAINST ACTUAL FIELD DIMENSIONS 14 CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY CONFLICTS OR DISCREPANCIES WITHIN THE CONTRACT DOCUMENTS WITH THE CONTRACT DOCUMENTS AND THE FIELD CONDITIONS PRIOR TO EXECUTING THE WORK IN OUESTION 15 CONTRACTOR SHALL NOTIFY THE ENGINEER IF DETAILS ARE CONSIDERED UNSOUND UNSAFE NOT WATERPROOF OR NOT WITHIN CUSTOMARY TRADE PRACTICE IF WORK IS PERFORMED IT WILL BE ASSUMED THAT THERE IS NO OBJECTION TO THE DETAIL DETAILS ARE INTENDED TO SHOW THE END RESULT OF THE DESIGN MINOR MODIFICATIONS MAY BE INCLUDED AS PART OF THE WORK 16 EXISTING ELEVATIONS AND LOCATIONS TO BE JOINED SHALL BE VERIFIED BY THE CONTRACTOR BEFORE CONSTRUCTION IF THEY DIFFER FROM THOSE SHOWN ON THE PLANS THE CONTRACTOR SHALL NOTIFY THE ENGINEER SUCH THAT MODIFICATIONS CAN BE MADE BEFORE PROCEEDING WITH THE WORK 17 ALL SYMBOLS AND ABBREVIATIONS USED ON THE DRAWINGS ARE CONSIDERED CONSTRUCTION STANDARDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THEIR EXACT MEANING THE ENGINEER SHALL BE NOTIFIED FOR CLARIFICATIONS BEFORE PROCEEDING WITH WORK 18 THE CONTRACTOR SHALL PROVIDE ALL NECESSARY BLOCKING BACKING FRAMING HANGERS OR OTHER SUPPORT FOR ALL OTHER ITEMS REQUIRING THE SAME 19 CfTY APPROVED PLANS SHALL BE KEPT IN A PLAN BOX AND SHALL NOT BE USED BY WORKMEN ALL CONSTRUCTION SETS SHALL REFLECT SAME INFORMATION THE CONTRACTOR SHALL ALSO MAINTAIN IN GOOD CONDITION ONE COMPLETE SET OF PLANS WITH ALL REVISIONS ADDENDA AND CHANGE ORDERS ON THE PREMISE AT ALL TIMES THESE ARE TO BE UNDER THE CARE OF THE JOB SUPERINTENDENT THE FOLLOWING TABLE DEUNEATES THE RESPONSIBILITIES OF DIFFERENT PARTIES INVOLVED IN COMPLETING THIS PROJECT THE SITE SPECIFIC SCOPE OF WORK WILL PRECEDE ANY DISCREPANCIES FOUND ON THIS SCOPE OF SUPPLY X RAW LAND SITE CO —LOCATION SITE ITEM FURNISHED BY INSTALLED BY REM FURNISHED BY INSTALLED BY TOWER T—MOBILE CONTRACTOR BTS PLATFORM T—MOBILE CONTRACTOR BTS PLATFORM T—MOBILE CONTRACTOR BTS PLATFORM FOUNDATION CONTRACTOR CONTRACTOR TOWER & BTS PLATFORM FOUNDATION CONTRACTOR CONTRACTOR PURCELL CABINET (POWER/TELCO) T MOBILE CONTRACTOR PURCELL CABINET (POWER/TELCO) T—MOBILE CONTRACTOR PURCELL CABINET — BATTERIES T—MOBILE CONTRACTOR PURCELL CABINET — BATTERIES T—MOBILE CONTRACTOR BTS CABINETS T MOBILE T—MOBILE BTS CABINETS T—MOBILE T—MOBILE ANTENNA T—MOBILE CONTRACTOR ANTENNA T—MOBILE CONTRACTOR COAX CABLE T MOBILE CONTRACTOR COAX CABLE JUMPER CABLES T—MOBILE T—MOBILE CONTRACTOR CONTRACTOR JUMPER CABLES LNA (LOW NOISE AMPLIFIER) T—MOBILE T—MOBILE CONTRACTOR CONTRACTOR LNA (LOW NOISE AMPLIFIER) T—MOBILE CONTRACTOR GROUNDING KITS FOR COAX T—MOBILE CONTRACTOR GROUNDING KITS FOR COAX T—MOBILE CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR COMPACTOR ANTENNA MOUNTING PIPE & BRACKET CONTRACTOR CONTRACTOR ANTENNA MOUNTING PIPE & BRACKET CONTRACTOR CONTRACTOR WAVEGUIDE BRIDGE (EOPT TO TWR) CONTRACTOR CONTRACTOR WAVEGUIDE BRIDGE (EOPT TO TWR) CONTRACTOR CONTRACTOR WAVEGUIDE LADDER (TOwER) CONTRACTOR CONTRACTOR WAVEGUIDE LADDER (TOWER) CONTRACTOR CONTRACTOR FENCE CONTRACTOR CONTRACTOR FENCE CONTRACTOR CONTRACTOR UNDERGROUND WORK CONTRACTOR CONTRACTOR IMPROVEMENTS OWNER T—MOBILE C/0 VOICESTREAM WIRELESS CORP 12920 SE 38th STREET BELLEVUE WA. 98006 SITE OWNER STILLWATER COUNTRY CLUB 1421 N 4TH STREET STILLWATER MN 55082 ARCHITECT/ENGINEER T MOBILE — MINNEAPOUS 8000 WEST 78th STREET SUITE 400 EDINA, MN 55439 ZONING QUESTIONS & NOTIFICATIONS T—MOBILE — MINNEAPOUS 8000 WEST 781h STREET SURE 400 EDINA. MN 55439 SURVEYOR EGAN FIELD & NOWAK 7415 WAYZATA BLVD MINNEAPOLIS MN 55426 ELECTRICAL UTILITIES XCEL ENERGY TELEPHONE UTILITIES QWEST eROJFCT AREA INTERIOR LEASE SPACE EXTERIOR LEASE SPACE. 15 —0 30 —0 PARCEL AREA, ZONING TYPE, FGA1 !DESCRIPTION BENCH MARK 916 FEET BASIS OF BEARING DATE OF SURVEY. COORDINATES (ANTENNA LOCATION) LATITUDE 45 —04 —21 1 LONGITUDE 97-49 —04 6 ASSESSOR S PARCEL NUMBER, Tfil F REPORT IDFNDFIl ATION FASFMFNT NOTES SITE DIRECTIONS SITE DIRECTIONS FROM I-494 & HWY 169 GO EAST ON 1-494 FOR 25 2 MILES TO 1-694 GO NORTH ON 1-694 FOR 5 3 MILES TO HWY 36 GO EAST ON HWY 36 FOR 8 0 MILES TO HWY 95 IN STILLWATER GO NORTH ON FEW 95 FOR 1 0 MILE INTO DOWNTOWN TO E MYRTLE ST TURN LEFT AND GO WEST FOR 1 BLOCK TO N 2ND ST TURN RIGHT AND GO NORTH FOR 1/2 MILE TO w POPLAR ST TURN LEFT AND GO WEST TO END OF ROAD SITE IS BEHIND GOLF COURSE BUILDING ON THE RIGHT CALL 48 HOURS BEFORE DIGGING GOPHER STATE ONE CALL TWIN CITIES AREA 651-454-0002 MN TOLL FREE 1-800-252-1166 CODES AND STANDARDS UNDERGROUND WORK CONTRACTOR CONTRACTOR SITEWORK CONTRACTOR CONTRACTOR SITEWORK CONTRACTOR CONTRACTOR POWEI. DISCONNECT & METER BOX CONTRACTOR CONTRACTOR ABBREVIATIONS DRAWING INDEX POWER DISCONNECT & METER BOX CONTRACTOR CONTRACTOR METER UTILITY UTILITY ALL CONSTRUCTION SHALL COMPLY WITH THE LATEST ADOPTED EDITION OF THE FOLLOWING PUBLICATIONS 1 ASTM (AMERICAN SOCIETY FOR TESTING AND LATERALS) 2 ACI (AMERICAN CONCRETE INSTITUTE) 3 MSC (AMERICAN INSTITUTE OF STEEL CONSTRUCTION) 4 AWS (AMERICAN WELDING SOCIETY) 5 2000 IBC (INTERNATIONAL BUILDING CODE) 6 MDOT (MINNESOTA DEPARTMENT OF TRANSPORTATION) 7 ANSI (AMERICAN NATIONAL STANDARDS INSTITUTE) 8 IEEE (INSTITUTE OF ELECTRICAL AND ELECTRONICS ENGINEERS) 9 NEC (NATIONAL ELECTRICAL CODE) 10 NEMA (NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATE:N) 11 NESC (NATIONAL ELECTRICAL SAFETY COMMISSION) 12 OSHA (OCCUPATIONAL SAFETY AND HEALTHY ADMINISTRATION) 13 UL (UNDERWRITERS LABORATORIES INC ) 14 APPUCABLE LOCAL CODES AND ORDINANCES METER UTILITY UTILITY WATER TOWER SITE ROOFTOP SITE ITEM FURNISHED BY INSTALLED BY ITEM FURNISHED BY INSTALLED BY BTS PLATFORM T—MOBILE CONTRACTOR ROOFTOP PLATFORM T—MOBILE CONTRACTOR BTS PLATFORM FOUNDATION CONTRACTOR CONTRACTOR ROOFTOP ANTENNA SLED/ATTACHMENT T—MOBILE CONTRACTOR PURCELL CABINET (POWER/TELCO) T—MOBILE CONTRACTOR PURCELL CABINET (POWER/TELCO) T—MOBILE CONTRACTOR PURCELL CABINET — BATTERIES T—MOBILE CONTRACTOR PURCE.L CABINET BATTERIES T—MOBILE CONTRACTOR BTS CABINETS T—MOBILE T—MOBILE BTS CABINETS T—MOBILE T—MOBILE ANTENNA T—MOBILE CONTRACTOR ANTENNA T MOBILE CONTRACTOR COAX CABLE T MOBILE CONTRACTOR COAX CABLE T MOBILE CONTRACTOR LEGEND JUMPER CABLES T—MOBILE CONTRACTOR JUMPER CABLES T MOBILE CONTRACTOR LNA (LOW NOISE AMPLIFIER) T—MOBILE CONTRACTOR LNA (L.OIV NOISE AMPLIFIER) T—MOBILE CONTRACTOR DETAIL NUMBER DETAIL DRAWING ON WHICH ORIGINAL DETAIL WAS DRAWN BLANK DENOTES DETAIL IS ON SAME DRAWING SECTION LETTER SECTION DRAWING ON WHICH ORIGINAL SECTION WAS DRAWN BLANK DENOTES SECTION IS ON SAME DRAWING GROUNDING KITS FOR COAX T—MOBILE CONTRACTOR GROUNDING KITS FOR COAX T—MOBILE CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR SITE GROUNDING MATERIALS CONTRACTOR CONTRACTOR ANTENNA ATTACHEMENTS (TOWER) CONTRACTOR CONTRACTOR ANTENNA MOUNTING PIPE & BRACKET CONTRACTOR CONTRACTOR ANTENNA MOUNTING PIPE & BRACKET CONTRACTOR CONTRACTOR ROOFTOP COAX ATTACHMENTS CONTRACTOR CONTRACTOR WAVEGUIDE BRIDGE (EOPT TO TWR) CONTRACTOR CONTRACTOR UNDERGROUND WORK CONTRACTOR CONTRACTOR COAX ATTACHEMENTS (TOWER) CONTRACTOR CONTRACTOR SITEWORK CONTRACTOR CONTRACTOR FENCE CONTRACTOR CONTRACTOR POWER DISCONNECT & METER BOX CONTRACTOR CONTRACTOR UNDERGROUND WORK CONTRACTOR CONTRACTOR METER UTILITY UTILITY SITEWORK CONTRACTOR CONTRACTOR POWER DISCONNECT & METER BOX CONTRACTOR CONTRACTOR METER UTILITY UTILITY ARCH BLDG CB CL CLG CONC CONS? CONTR DET DUL DIAG DIM DN DWG EA ELEC EL EQUIP EXIST FTC GA GALV GND HM LF MIL MIN MISC N T S. OC PL RE0 D SF SS SIM SPECS STD STL STRUCT TC TOP TYP TOS. T/ B/ ARCHITECT BUILDING CATCH BASIN CENTER UNE CEILING CONCRETE CONSTRUCTION CONTRACTOR DETAIL DIAMETER DIAGONAL DIMENSION DOWN DRAWING EACH ELECTRICAL ELEVATION EQUIPMENT EXISTING FOOTING GAUGE GALVANIZED GROUND HOLLOW METAL LINEAL FEET METAL MINIMUM MISCELLANEOUS NOT TO SCALE ON CENTER PLATE REQUIRED SQUARE FEET STAINLESS STEEL SIMILAR SPECIFICATIONS STANDARD STEEL STRUCTURAL TOP OF CURB TOP OF PAVING TYPICAL TOP OF SLAB TOP OF BOTTOM OF A AF AFF A/G ATS MC CB CKT CU GEN DTI JB KVA KW M MIS NF NIC PNL PH PVC RCPT RGS SW SYM TEL XFMR TYP U/G V WP WHM UNO AMPERE OR AMMETER CIRCUIT BREAKER AMP FRAME(RATING) ABOVE FINISH FLOOR ABOVE GROUND AUTOMATIC TRANSFER SWITCH AMPERE INTERRUPTING CAPACITY CIRCUIT BREAKER CIRCUIT COPPER GENERATOR GROUND FAULT INTERRUPTER JUNCTION BOX KILOVOLT AMPERE(S) KILOWATT(S) METER MANUAL TRANSFER SWITCH NON —FUSED NOT IN CONTRACT PANEL PHASE POLYVINYL CHLORIDE RECEPTACLE RIGID GALVANIZED STELL SWITCH SYMMETRICAL TELEPHONE TRANSFORMER TYPICAL UNDERGROUND VOLT WATTS OR WIRE WEATHERPROOF WATTHOUR METER UNLESS NOTED OTHERWISE A1N1B4—T1 A1N184—CI A1N184—C2 A1N184—AI STANDARD DRAWINGS. STANDARD — AiS (1) STANDARD — A2S (1) STANDARD — A3S (1) STANDARD — A4S (1) STANDARD — A55 (1) STANDARD — EIS (1) STANDARD — E25 (1) STANDARD — PROJECT INFORMATION AND GENERAL NOTES SITE PLAN ENLARGED SITE PLAN ANTENNA INFORMATION AND TOWER ELEVATION — STANDARD GEN 2 & GEN 3 EQUIPMENT CABINETS PLAN & ELEVATION NEWS — STANDARD PERCELL EQUIPMENT CABINET PLAN & ELEVATION VIEWS — STANDARD SITE IMPROVEMENT SPECIFICATIONS — FENCING SPECIFICATIONS — FENCING SPECIFICATIONS — STANDARD ELECTRICAL SPECIFICATIONS — STANDARD ANTENNA & COAX GROUNDING SPECIFICATIONS E3S (1) — STANDARD ANTENNA COAX INSTALLATION SPECIFICATIONS -DBYEBYERS- STANDARD — NIS (1) — STANDARD ELECTRICAL SPECIFICATIONS GENERAL NOTES STANDARD — N2S (1) — STANDARD CONSTRUCTION SPECIFICATIONS GENERAL NOTES SHEET 1 STANDARD — N3S (1) — STANDARD CONSTRUCTION SPECIFICATIONS GENERAL NOTES SHEET 2 STANDARD — S1S (1) — STANDARD EQUIPMENT PLATFORM FOUNDATION PLAN SECTIONS AND DETAILS STANDARD — S2S (1) — STANDARD EQUIPMENT PLATFORM SPECIFICATIONS STANDARD — 535 (1) — STANDARD EOUIPMENT PLATFORM EXTENSION WAVEGUIDE BRIDGE SPECIFICATIONS STAAPDAPD eye (,) STA'DAoD AMTCMMA .. rnAr unuunur STANDARD — S6S (1) — STANDARD ANTENNA AND COAX CABLE INSTALLATION SPECIFICATIONS 2 0ATE 6/26/07 I1/2/07 REVISION DESCRIPTION ISSUED FOR PROPOSAL MODIFIED ANTENNAS CHX RAN RAR APPROVED RF OP INSTALL R(FERENCE DRAWINGS . TmMobi1e.6 MINNEAPOLIS MARKET NOTICE THIS DRAWING HAS NOT BEEN PUBLISHED AND IS THE SOLE PROPERTY OF T MOBILE — MINNEAPOLIS MARKET AND IS LENT TO THE BORROWER FOR THEIR CONFIDENTIAL USE ONLY AND M CONSIDERATION OF THE LOAN OF THIS DRAWING THE BORROWER PROMISES AND AGREES TO RETURN R UPON REQUEST AND AGREES THAT IT WILL NOT BE REPRODUCED COPIED LENT OR OTHERWISE DISPOSED OF DIRECTLY OR INDIRECTLY NOR USED FOR ANY PURPOSE OTHER THAN WHICH IT IS FURNISHED 1 he eby c rt fy that ih s p10 spec hoot o port was p p ed by me o de my d ecl s pens o o d that 1 am o d ly Lcensed P fe 50 al Enq ee de the lows of th St to of M esola Slp.= 1P MICHAEL 1ACHEY Dole Rae. NA, - 17852 PROJECT 110 DTS1G11ED BY R RUDDY DATE 6/26/07 CHECKED BY C MILLER D1E 6/27/07 STILLWATER COUNTRY CLUB A1N184 PROJECT INFO & GENERAL NOTES APPROVID DT DALE xxxx W POPLAR STREET STILLWATER MINNESOTA CLIENT APPROVAL DATE SCALE NONE DRAWING NUMBER REV 2 5 5 Al N184 T1 • MANUAL CHANGES MADE ITS ❑ NO Owe F LE UPDATED ITS 0 HO 0 °DEL UPDATED YES 0 NO 0 CALM FILE NO A1N184T1 DWG • D - c — —a - - a — B - a A x914J EXISTING-) GRASS AREA EXISTING GRASS ( AREA EXISTING PROPERTY LINE TREETOP ELEVATION 958± FT , 41 912 7 x913 5 91J 5 T-MOBILE 12 WIDE CLASS 5 GRAVEL ACCESS ROAD �( �\\ x91451 EXISTING GRAVEL AREA x916 5 EXISTING BITUMINOUS CART PATH `flj9 x919 5 x918 5 913 _ ti Eq��\ROP fq\jT, 1/4,, T-MOBILE 75 -0 MONOPOLE 914 — \ \ \ e\\\\ \ \ \ \ \ \ 3+ 9\6 EXISTING BUILDING TREETO- ELEVATION \ 960± FT 9 6 \ \\\\\\\ 918 Sr, cP EXISTING SHED /(� \ \x918 4 T ACCESS R UTILITY EASEMENT -MOBILE 15 -0 WIDE 918 8 EXISTING PROPERTY/RIGHT-OF-WAY LINE L\ \ 9j—T9 .,r919 5 EXISTING RIGHT-OF-WAY -\ 919 919 4 �'9Y20— — ow 922 921 SITE PLAN SCALE 1 =20 -0 (0 22 34') 910 8 7 916 x908 0 T-MOBILE 15 X 30 LEASE AREA TREETOP ELEVATION 980± FT ISTING PROPERTY LINE EXISTING OVERHEAD UTILITY LINES (TYP) EXISTING GRAVEL AREA TREE TOP ELEVATION 977± FT EXISTING EXISTING POWER POLE GRASS w/ELECTRIC TRANSFORMER (AREA TREETOP ELEVATION 991± FT EXISTING TREE (TYP) EXISTING BITUMINOUS AREA 920 5 922 6 0 N 4TH STREET EXISTING TELCO PEDESTAL EXISTING BITUMINOUS ROAD REV 2 DATE 6/26/07 11/2/07 REVISION DESCRIPTION ISSUED FOR PROPOSAL MODIFIED ANTENNAS DSON CAD( PAR CM RAR APPROVED RE FN 0P INSTALL REFERENCE DRAWINGS ® ©q® Ell 61 obile MINNEAPOLIS MARKET NOTICE THIS DRAWING HAS NOT BEEN PUBLSHED AND IS THE SOLE PROPERTY OF T-MOBILE MINNEAPOLIS MARKET AND IS LENT TO THE BORROWER FOR THEIR CONFIDENTIAL USE ONLY AND IN CONSIDERATION OF THE LOAN OF THIS DRAWING THE BORROWER PROMISES AND AGREES TO RETURN R UPON REOUEST AND AGREES THAT R WILL NOT BE REPRODUCED COPIED LENT OR OTHERWISE DISPOSED OF DIRECTLY OR INDIRECTLY NOR USED FOR ANY PURPOSE OTHER THAN WHICH R IS FURNISHED I he eby cerl ly thot 165 plo spec fC t o eport .0 p po d by nd myd tspry o d thot I m d ty L e ed P ofe s of E g ee de th ID s 1 th Stole o1 M 5Gt0 TrrPA r MICHAEL MAC HEY PpaAw P.m, Maxim Dam Am. Ne 17852 PRO EC! NO DESIGNED Dr R RUDDY MATE 6/26/07 C ECKED WI C MILLER DATE 6/27/07 STILLWATER COUNTRY CLUB A1N184 SITE PLAN APPROVED Ere DATE xxxx W POPLAR STREET STILLWATER MINNESOTA CUENT APPROVAL DATE SCALE AS NOTED DRAWING NUMBER Al N184-C1 REV 2 REDUCED PR Ni SCALES 41 8 5 0 0 11 A NANUAL CHANGES MADE YES 0 N0 0 DWG nu UPD TED TES ❑ NO 0 MODEL UPDATED TES ❑ NO ❑ CADD E1LE Ito 1N184C1 DWG D _X — - B —a — — A A EXISTING BUILDING T-MOBILE 8 -0 HIGH CHAINLINK FENCE w/(3) STRANDS BARB WIRE T-MOBILE ANTENNA FACING a T-MOBILE ANTENNA FACING 120' T-MOBILE ANTENNA ENCLOSURE FOR T-MOBILE ANTENNAS FUTURE COLOCATOR ANTENNAS T-MOBILE 75 0 MONOPOLE NEW LIGHT FIXTURE T-MOBILE EQUIPMENT PLATFORM w/EQUIPMENT CABINETS LT NORTH ELEVATION SCALE 1/8 a -0 (0 22 34') T-MOBILE ANTENNA FACING 240' NOTE. T-MOBILE MONOPOLE SHALL BE PAINTED BROWN IN COLOR - TO BE DETERMINED BY CITY & LANDLORD EXISTING BUILDING - \\ T-MOBILE 2 -0 WIDE WAVEGUIDE BRIDGE T-MOBILE E911 GPS ANTENNA T-MOBILE EOUIPMENT CABINETS T-MOBILE EOUIPMENT PLATFORM T-MOBILE 12 HIGH LIGHTING ROD T-MOBILE ANTENNA FACING 0' T-MOBILE ANTENNA FACING 120' - T-MOBILE ANTENNA FACING 240' T-MOBILE ANTENNA ENCLOSURE FOR T-MOBILE ANTENNAS T-MOBILE ANTENNA FACING 240' T-MOBILE ANTENNA FACING 127 T-MOBILE ANTENNA r n FACING 240' T-MOBILE ANTENNA ENCLOSURE FOR T-MOBILE ANTENNAS PURCELL LJ u ENLARGED ELEVATION SCALE 1/4 =1 -0 (0 22 34") ANTENNA AND COAXIAL CABLE REQUIREMENTS ANTENNA COAXIAL CABLE NO TYPE SECTOR (DEGREES) DOWNTILT (DEGREES) CONNECTION LENGTHDIA COLOR CODE RI 70 7/8 RED Al TMBXX-6516-R2M a a R3 70 7/8 TRIPLE RED R4 70 7/8 QUAD RED R2 70 7/8 DOUBLE RED Y1 70 7/8 YELLOW B1 TMBXX-6516-R2M 120' a Y3 70 7/8 TRIPLE YELLOW Y4 70 7/8 QUAD YELLOW Y2 70 7/8 DOUBLE YELLOW 81 70 7/8 BLUE C1 TMBXX -651 6-R2M 240' a 63 70 7/8 TRIPLE BLUE B4 70 7/8 QUAD BLUE 82 70 7/8 DOUBLE BLUE ANTENNA AND COAXIAL CABLE REQUIREMENTS NO ANTENNA COARAL CABLE COLOR CODE TYPE SECTOR (DEGREES) DOWNTILT (DEGREESS) CONNECTION LENGTH DIA RI 60 7/8 RED Al TMBX-6516-R2M Cr Cr R2 60 7/8 DOUBLE RED Y1 ----- 60 7/8 YELLOW B1 TMBX-6516-R2M 120' a Y2 60 7/8 DOUBLE YELLOW C1 TMBX-6516 R2M 247 a B1 60 7/8 BLUE 82 60 7/8 DOUBLE BLUE FOR MORE INFORMATION REFER TO STANDARD DRAWING E5S. NOTE ALL T-MOBILE COAX CABLE SHALL BE AVA COAX CABLE NOTES 1 ANTENNA CABLE LENGTHS HAVE BEEN DETERMINED BASED ON THESE PLANS CABLE LENGTHS USTED ARE APPROXIMATE AND ARE NOT INTENDED TO BE USED FOR FABRICATION DUE TO FIELD CONDITIONS ACTUAL ANTENNA CABLE LENGTHS REQUIRED MAY VARY FROM LENGTHS TABULATED 2 ALL ANTENNA/COAX CABLES TO BE COLOR CODED AT THREE (3) LOCATIONS USING 1/2 WIDE PVC ELECTRICAL TAPE A TOP OF TOWER (ANTENNA LEVEL) B BASE OF TOWER C AT BTS CABINET CONNECTION POINT 3 ANTENNA/COAX CABLES SHALL UTIUZE GROUND KITS GROUNDED AT THREE (3) POINTS OF TOWER AS FOLLOWS. A TOP OF TOWER (ANTENNA LEVEL) ONE END MECHANICALLY CONNECTED TO TOWER B BOTTOM OF TOWER ONE END MECHANICALLY CONNECTED TO GROUND BAR C AT BTS CABINET CONNECTION POINT 4 ANTENNAS FOR EACH SECTOR SHALL BE SPACED AT NOT LESS THAN 10 -0 APART 5 ANTENNA SECTORS SHALL BE MEASURED WITH TRUE NORTH AS SHOWN ON THE SITE PLAN MAGNETIC NORTH IS 2 5 EAST OF TRUE NORTH E911 ANTENNA REQUIREMENTS NO ANTENNA COA24L CABLE TYPE SECTOR (DEGREES) LENGTH DIA. COLOR CODE 1 GPS L1 (58532A) - 20 1/4 - REV DATE REVISION DESCRDRION DSGN CHK APPROVED RF IN OP INSTALL REFERENCE DRAWINGS 6/26/07 ISSUED FOR PROPOSAL PAR 2 11/2/07 MODIFIED ANTENNAS RAR • T is Mob ile� NOTICE. THIS DRAWING HAS NOT BEEN PUBLISHED AND IS THE SOLE PROPERTY OF T-MOBILE MINNEAPOLIS MARKET AND IS LENT TO THE BORROWER FOR THEIR CONFIDENTIAL USE ONLY AND IN CONSIDERATION OF 7HE LOAN OF THIS DRAWING THE BORROWER PROMISES AND AGREES TO RETURN R UPON REOUEST AND AGREES 'THAT IT WILL NOT BE REPRODUCED COPIED LENT OR OTHERWISE DISPOSED OF DIRECTLY OR INDIRECTLY NOR USED FOR ANY PURPOSE OTHER THAN WHICH R IS FURNISHED I he eby curt fy !hot th s plo pee beat o port sat p epo ad by me d my d et pm son od that lom dy LC dP fes I Eg ee d th low of th State of M esolo New PNnw ilmr: 111CHAEL HACHEY PPOhCT ND. DESKPND BY R RUDDY DATE 6/26/07 CHECKED BY C MILLER DATE 6/27/07 STILLWATER COUNTRY CLUB A1N184 ANTENNA INFO & TOWER ELEVATION APPROVED BY DATE xxxx W POPLAR STREET STILLWATER MINNESOTA —/ MINNEAPOLIS MARKET A I MANUAL CHANGES NODE YES 0 NO 0 DWG FILL UPDATED YES 0 NO ❑ 17852 oak RAIL rd CUBIT APPROVAL DATE SCALE AS NOTED DRAWING NUMBER A1N184 Al REV 2 MODEL UPDATED YES 0 N0 0 GADD OLE NO A1N184A1 DWD COVERAGE LEGEND ■ In Building Coverage In Car Coverage Outdoor Coverage No Coverage 102. id 1N9/7 ° BS ith St N Tian Hills Golf CI i N'2 61stSip A1N05,9BS ,. Stillwater Country Club Proposed Coverage 11$thSf N Pon Pond 14thStN 11311)StN " Loan Lake o k. a G �a 73 Pond a nab st1'a Pond Q ..— QIN. Pond p-ata Iver Lake Pond z Pan Pond 70 � 'N did t N ,�Q�.M ,s' Lake McGuire i 06th St N c i Pand 3 g ,fAi m- 9461 StN Z' Pond 1 423BS A1NO 8a4A l _ W Pine St Lily Lake W Chu et Marsh St Lake Harriet Dr 1N038BS13 Pone Pond a Woodland Ct Pi • and Pid COVERAGE LEGEND ■ In Building Coverage In Car Coverage Outdoor Coverage No Coverage Pend\ Pond 1N9179BS pond Sian HHIs, olf Cl - i mtr A1NQ5,912S Stillwater Country Club Existing Coverage Bernd 10 ilifid -1- . St N ,.\166 - Lake !Acquireo i co 10th St N ;_ rd , Pond h t 111 0.94 tf7 St N ea !' rth Twin Lakes Pond i V 93rd St bsilty '� , a, • , p e7f ar rt, /76,tf1S11v Poni Pond 74 th St N 113th St Loon l,akeI c G 'v16 , a Pond = ,40 '3." Pond 4 !tr Pond _ Q, Ltd IverLake Pond P--_, South Twin Lakes n Gt J.1 Ctu _ Pon ' StillWater Co. try Club Pond. IN Stillw•. er Ave At Lake ▪ w tck i ypj - m Mallard Ct : ,\,fir h1ulber L: g-- Pond 'ond Pond Grp` Long Lake W Pine St Al Lily Lake VU ChurchiII • Ct VV Morph St 1 4Z3BS Lake 11 . I Harriet Dr i } 1NOBS'13 1N516BS dPan h, Woodland Ct Exhibit D One -Half Mile Radius Map with nearest Landmark Homes Identified N any 91e6MaN as uaio NeQ 6 ,90 L�Or 0‘;.. O 55 r>1 o 4. Z oc co 64 7 m a- Z W Haze/ Poplar St 0ti �df ry Falls %, E Hazel St 95 ""�iPU11i ,„ 10.504 mi I E Wilkins St o W Wilkins St co W Aspen St fn s � W Elm St W Elm St z W Moore Ave Wyca re St Croix Ave W St Croix Avy W Stillwater Ave z co 3 0 mi 0.2 0.4 Copyright © and (P) 1988-2006 Microsoft Corporation and/or its suppliers. All rights reserved. http.//www.microsoft.com/streets/ Portions © 1990-2006 InstallShield Software Corporation. All rights reserved. Certain mapping and direction data © 2005 NAVTEQ. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario. NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ. © 2005 Tele Atlas North America, Inc. All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tele Atlas, Inc. 0.6 0.8 Exhibit E Ptiofograph Proposed T-Mobile 75-foot monopole View looking West from Poplar Street Photo Simulation by Carlson & Harrington, Inc. B RHPIA I U I I1 NNISUI Planning Commission DATE December 5, 2007 CASE NO 07-53 REQUEST An amendment to an existing Special Use Permit to allow unattended 24-hour pay at pump gasoline fueling APPLICANT Mr Kevin Amundson of E&K Convenience Inc LAND OWNER Terrance and Roxanne Johnson Trust LOCATION 1101 Owens St N MEETING DATE December 10, 2007 REVIEWED BY Community Development Director and Fire Marshall PREPARED BY Michel J Pogge, City Planner 4 f BACKGROUND Mr Kevin Amundson of E&K Convenience Inc (operating as Neighbor Stop) is requesting an amendment to their existmg Special Use Permit for the site at 1101 Owens St (former Oasis Market) in order to allow for the operation of an unattended 24 hour pay at the pump fueling The convenience store would continue to operate between the hours of 5 AM to 11 PM Monday through Friday and 6 AM to 11 PM on the weekends The original SUP for a service station at this site was approved in January 1969 along with the rezoning from RB-Two Family Residential to CA -General Commercial The original SUP allowed for a convenience store with accessory fuel sales, however, it did not limit the hours of operation Since the proposal is to go to unattended fuel sales staff found that this is a change to the original operation an amendment to their current SUP is required SPECIFIC REQUEST To allow for the operation of an unattended 24 hour pay at the pump gasoline fueling station at 1101 Owens St Gasoline filling stations are allowed in the CA district with a Special Use Permit reviewed by the Planning Commission and approved by the City Council 1 Therefore, the applicant has requested review and approval of the requested SUP amendment ' City Code Sec 31 325 1101 North O« ens St December 5 2007 Page 2 EVALUATION OF REQUEST A Special Use Permit can only be granted when the following findings are made2 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, The applicant is not proposing to make any physical changes to the existing building or gas island/canopy When this site was originally constructed a variance to the front side and rear yard setbacks was granted With the variance this site meets all of the code requirements 2 Any additional conditions necessary for the public interest have been imposed and The main concern of operating a twenty -four-hour use is the impact and potential detriment to nearby residential uses or the general welfare of the surrounding area Twenty four hour uses tend to have the most problematic neighborhood impacts specifically higher traffic volumes quick turnover with vehicles left running and radios on and litter problems Given the potential for problems arising from such uses which may or may not have been anticipated at the tune of approval all such permits should include a condition for a Compliance Review based on written complaints and all such complaints should be referred to the Planning Commission for review and possible revocation of the Special Use Permit 3 The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community The fire code requires that unattended fueling operations meet certain code requirements that attended fueling operations do not Due to this the applicant will be required to install certain improvements prior to operating this as an unattended fueling station ALTERNATIVES The Planning Commission has the following options 1 Approve the requested Special Use Permit with the following conditions a The apphcant shall meet all of the requirements of the Minnesota State Fire Code related to allowing unattended fueling on the site b This special use permit is subject to review upon written complaints from the neighborhood related to the operation of the unattended 24-hour pay at the pump operation If in the opinion of the Zoning Administrator the complaints are substantial, a public hearing by the Planning Comnussion must be held, at which time additional conditions may be added to this Special Use Permit or in the alternative, the Special Use Permit may be revoked 2 Deny the Special Use Permit 3 Continue the public hearing until January 14 2008 The 60 day decision deadline for the request is January 18, 2008 2 City Code Sec 31 207 (d) 1101 Noith O\Aens St December 5 2007 Page 3 RECOMMENDATION As conditioned City Staff believes that the proposed unattended 24 hour pay at the pump fueling will satisfy the necessary findings for a SUP and therefore recommends approval with the three conditions detailed above attachments Exhibit A Location Map Applicant s Letter PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Dale filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit Variance Resubdivision Subdivision Comprehensive Plan Amendment Zoning Amendment Planning Unit Development Certificate of Compliance An escrow fee Is also required to offset the costs of attorney and engineering fees The fees for requested action are attached to this application The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with anyapplicatron All supportingmaterial (► e photos sketches etc ) submitted with application becomes the propertyof the C►tyof Stillwater Sixteen (16) copies of supporting material Is required ff application is submitted to the City Council twelve (12) copies of supporting material Is required A site plan showing drainage and setbacks is required with applications Any incomplete application or supporting matenal will delay the application process After Planning Commission approvals there is a 10 day appeal period Once the 10 day appeal period has ended the applicant will receive a zoning use permit which must be signed and submitted to the City to obtam the required building permits PROPERTY IDENTIFICATION Address of Project //O/ 04.4atIS Assessors Parcel No 2/Qad,033ar ,3 7 (GEO Code) ZoninglDislnct Deacrip n of Project fir/ "y .4r 7- s. f hereby state the foregoing statements and all data Information end evidence submitted herewith in all respects to the best of my knowledge and belief to be true and correct 1 further certify / will comply with the permit if it is granted and used Property Owner Mailing Address J <"' � y <2 7 7 1E/ i"% Jo: l,IrvSc J City State Zip 4f+ ,/o ///+ , ("A `/-Z C 3's' Representative / vs✓ X 42.ytlr 'q Mailing Address /4/e%%—? s%6x3 City State Zip /z r0a. 4.4 /zd Telephone No (& 1 31) 4/ 4 0/ 6 7 Telephone No +4 Signature / c- J214- Signature (Signa4re is required) (Signature is required) SITE AND PROJECT DESCRIPTION fix AVG "7-3.7i O Lot Size (dimensions) x Total Budding floor area y✓O square feel Lend Area Existing �9O0 square feet Height of Buildings Stories Feet Proposed square feet Principal / Paved Impervious Area square feet Accessory No of off street parking spaces �' ^+ G 0440 CV 1 3 iCd rlin3� IE0I96V,S61 E0 VI c90,i9 November 16, 2007 City of Stillwater Planning Commission 216 North 4th Street Stillwater, MN 55082 Planning Commission, Please consider the approval of the attached application for a Conditional Use Permit at Neighbor Stop 1101 Owens Street North Stillwater, MN 55082 We would like to offer 24 hour fueling to our customers Our store hours are 5 00 AM to 11 00 PM, Monday thru Fnday and 6 00 AM to 11 00 PM on Saturday and Sunday The request is to allow customers to purchase fuel, using a credit card at the gas dispenser, while the store is closed This would be from 11 00 PM to 5 OOAM, Monday thru Fnday and 11 00 PM to 6 00 AM on Saturday and Sunday Tom Baths, Deputy Fire Chief, has provided me with the requirements needed to allow the 24 hour fueling We would have these requirements in place once we have approval to allow the fueling If you have questions or comments please contact me at 952-457-3220 Thank you, Kevin Amundson E&K Convenience Inc 14287 Shore Lane Prior Lake, MN 55372 November 2, 2007 Neighbors Stop Attn Kevin Amundson 1101 North Owens Street Stillwater, MN 55082 RE 24 hour pump operations I understand that Neighbors Stop would like to have 24 hour fuel dispensing capabilities in the future The following are items that will need to be m place and mspected prior to operating 24 hour fuel dispensing 1 MSFC 2203 2 — An approved, clearly identified and readily accessible emergency disconnect switch shall be provided at an approved location, to stop the transfer of fuel to the fuel dispensers m the event of a fuel spill or other emergency Such devices shall be distmctly labeled as EMERGENCY FUEL SHUTOFF Signs shall be provided in approved locations Emergency controls shall be of a type which is only manually resettable 2 MSFC 2204 3 4 — Dispenser operating instructions shall be conspicuously posted in approved locations on every dispenser and shall indicate the location of the emergency controls required 3 MSFC 2204 3 5 — An approved emergency procedures sign, in addition to the sign required by Section 2205 6, shall be posted in a conspicuous location and shall read IN CASE OF FIRE, SPILL OR RELEASE 1 USE EMERGENCY PUMP SHUTOFF 2 REPORT THE ACCIDNET' FIRE DEPARTMENT TELEPHONE NO - 911 FACILITY ADDRESS —1101 NORTH OWENS STREET 4 MSFC 2204 3 6 — A telephone not requirmg a coin to operate or other approved, clearly identified means to notify the fire department shall be provided on the site in a location approved by the fire code official 5 MSFC 2204 3 7 — Dispensing egwpment used at unsupervised locations shall comply with one of the following 1 Dispensing devices shall be programmed or set to limit uninterrupted fuel delivery to 25 gallons (95L) and require a manual action to resume delivery 2 The amount of fuel bemg dispensed shall be limited in quantity by a preprogrammed card as approved 6 MSFC 2404 4 2 — A hose nozzle valve used for dispensing Class I liquids into a portable container shall be m compliance with Section 2206 7 6 and be manually held open during the dispensing operation 7 MSFC 2206 7 6 — A listed automatic-closmg-type hose nozzle valve with latch - open device is allowed to be used on overhead -type dispensing umts where the design of the system is such that the hose nozzle valve will close automatically in the event the valve is released from the fill opening or upon impact with the driveway 8 MSFC 2205 5 Approved portable fire extmguishers complying with Section 906 with a minimum rating of 2-A 20B C shall be provided and located such that an extinguisher is not more than 75 feet (22,860mm) from pumps, dispensers or storage tank fill -pipe openings 9 All other Minnesota State Fire Codes that apply to supervised fuel dispensmg stations Any questions regarding the above mentioned codes please contact my office Thank you, Tom Balhs Deputy Fire Chief City of Stillwater 651-351-4951 Attachment A -- Case 07-53 1101 Owens St N Neighbor Stop N A fL_fLJ I 1 IFeet 0 25 50 100 150 200 1 inch equals 100 feet City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax Sec 31-325 Allowable Uses in Non -Residential Districts ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP C BP 0 BP I CRD PA PWFD v General retail business uses or service local market' P SUP P SUP General retail business uses or service local and regional market P P P SUP Specialty retail mcl antique shops P P Department store P P P Drug store P Interior decorating sales sale of floor covering paint wallpaper materials and objects of mtenor decorating P P Appliances and furniture sale of P P Household goods sale of (including china) P P Books magazines newspapers stationary sale of P Gifts flowers photographic supplies sale of P Tobacco products sale of P Hardware sale of P P Sporting goods sale of P Music store P P Retail food Supermarket retail food P SUP P Baked goods manufacture/retail sale of (</= 5 persons employed) P P Baked goods manufacture/retail sale of (> 5 persons employed) SUP2 p Eating establishments Restaurants' P SUP P SUP Fast food outlet P Tea rooms deli coffee shops soda fountains not including the sale of alcoholic beverages SUP Outside eating establishments SUP Drive in or drive through restaurant eating places or any other use involving a drive in or drive through activity SUP SUP ' Such as grocery fruit and vegetable store bakery general store barber and beauty shop clothes cleaning and laundry pickup station business and professional office and the like supplying commodities or performing services 2 SUP may only be issued by the city council , 3 Including restaurants lunchrooms cafeterias and other such eating places and places for the sale and consumption of soft drinks juices ice cream and beverages of all kinds BUT excluding drive in establishments Stillwater Zoning Ordinance City Code Ch 31 Page 76 ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP C BP 0 BP I CRD PA PWFD Barber or beauty shops P P P Shoe repair shop P Printing shop P Photo processing SUP Tailoring or pressing P 2.1 Laundry agencies self service full service dry cleaning P P P Laundry employing > 5 persons SUP' C Carpet bag and rug cleaning SUP' co a, Banks and financial institutions P Offices Office general business or professional P P SUP P P P Offices finance insurance editorial or real estate services P SUP P P P Offices administrative P P Offices business offices that are accessory to permitted uses on the site SUP Office building P Consultant services such as advertising engineering architects and designers - SUP Radio or television stations P SUP Offices medical and dental P SUP P P P P Office display or sales space2 P IAutomotive I Automotive sales service and storage excluding gasoline filling stations (See Section 31 514 for performance standards) P Service stations or fuel sales (See Section 31 514 for performance standards) SUP SUP Gasoline filling station SUP' Auto repair and related services SUP P3 SUP may only be issued by the city council 2 For a wholesale jobbing or distributing establishment in connection with which not more than 25 percent of the floor area of the building or part thereof occupied by such establishment is used for making assembling remodeling repair altering finishing or refinishing its products or merchandise and provided that 1 Any resulting cinders dust fumes noise odors refuse matter smoke vapor or vibration is effectively confined to the premises and 2 The ground floor premises facing upon and visible from a major street upon which the premises abut shall be used only for entrances office or display 3 Automotive painting upholstering tire recapping and major repair when conducted completely in an enclosed building Stillwater Zoning Ordinance City Code Ch 31 Page 77 (L ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP C BP 0 BPI CRD PA PWFD Entertainment Commercial recreational uses SUP Commercial recreational entertainment SUP Amusement and recreational establishments' P Outside entertainment commercial2 SUP o o Outside sales or special events2 SUP SUP Outside storage SUPS SUP' Commercial nurseries SUP SUP Exterior phonographs paging systems musical instruments etc that may disturb the peace and quiet of the public SUP Institutional Schools business and technical P P Schools and studios for arts and crafts photography music dance P P Educational institutions schools SUP P Libraries art galleries theaters and other such cultural facilities SUP SUP SUP Libraries or post office P Churches other places of worship P Day care/nurseries SUP SUPS SUPS Group day care P Governmental facilities SUP SUP Fire station SUP Hospitals convalescent hospitals and nursing homes SUP Hotel or motel P SUP6 SUP Manufacturing Manufacturing limited' P Manufacture of baked goods P Manufacturing processing fabrication or assembling of limited commodity8 SUP Retail sales of products manufactured on the site9 SUP ' Such as armories assembly halls bowling alleys dancehalls pool and billiard parlors skating rinks and other social sport or recreational centers operated as a business provided the place or building in which it is operated is sufficiently sound insulated to effectively confine the noise to the premises 2 These uses may be approved directly by the city council if the event is a one time special event not occurring on a regular basis 3 All outside storage shall be screened by a solid wall or fence and landscaping for public view ' Must be screened 5 Including pre schools 6 Hotel or motel or other uses providing visitors with overnight accommodations ' Limited manufacturing means conducting a process fabrication storage or manufacturing of light materials including electronic components and accessories 8 Except junk or storage 9 So long as no more than 20 percent of building floor area is for retail purposes Stillwater Zoning Ordinance City Code Ch 31 Page 78 1 ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP C BP 0 BPI CRD PA PWFD Wholesale/storage Wholesale trade P SUP SUP Warehousing and outside storage SUP Warehousing and Inside storage SUP Mini storage SUP Industrial light industrial that is clean and compatible with surrounding properties SUP Bottling works SUP1 Printing & publishing or lithographic shop SUP SUP SUP Laboratories Laboratories SUP Chemical laboratories SUP Research establishment of industrial medical or scientific nature SUP Research facilities or research laboratories P P Transportation/public works/etc Transportation station or terminal P SUP Helipads SUP Public works facility Including office and meeting space PUD Essential services P P P P P P P P P Public utility transmission lines and facilities SUP Telephone exchange P Parking facilities SUP Private parking facilities > five cars SUP (75 Funeral home or mortuary P SUP SUP Club or lodge P Residences of all classes SUP1 SUP SUP2 SUPS Temporary structures SUP P = Permitted use SUP = Use permitted with 9 Special Use Permit CUP = Use permitted with a Conditional Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use Blvik cell in t1ble means that the use is NOT allowed 1 SUP may be issued only by city council 2 Residences on second level only 3 Residences subject to RCM regulations Stillwater Zoning Ordinance City Code Ch 31 Page 79