Ordinances – CITY OF STILLWATER

ORDINANCE 1090

AN ORDINANCE AMENDING CITY CODE CHAPTER 31 BY REQUIRING SITE PLAN REVIEW CONDITIONAL USE PERMITS FOR ALL LARGE BUILDING PROJECTS IN THE CBD ZONING DISTRICT

The City Council of the City of Stillwater, Minnesota does ordain:

1) ADD. To City Code Chapter 31, add:

Section 31-515.2. Large building projects in CBD Zoning District

Subd. 1. Purpose. The purpose of this Section 31-515.2 is to establish a Conditional Use Permit review process for all large building projects, regardless of proposed use, in the CBD Zoning District. Given the impact of large projects on downtown Stillwaters parking, pedestrian, open space, and other infrastructure systems, formal public review is in the publics best interest.

Subd. 2. Conditional use permit required. A site plan review Conditional Use Permit is required for all large building projects located in the CBD Zoning District. For purposes of this Section 31-515.2, a large building project is the construction, re-construction, or change in use of at least 12,000 gross square feet of building space where the building or project has, or will have, 20,000 gross square feet of area including any accessory spaces such as basement, utility rooms, attached garage, or rooftop space where such rooftop space is approved for occupancy (e.g. patios). For calculation purposes, the total gross square footage of the large building project shall include all space that within a 10 year period is new construction, re-construction, or a change in use. This 10 year period shall include a three year look-back period. Consequently, if the cumulative amount of new construction space, re-constructed space, or change of use space reaches 12,000 gross square feet in a 20,000 square foot project over the span of a 10 year period, then a site plan review Conditional Use Permit is required.

Subd. 3. Approval process. The approval process for the site plan review Conditional Use Permit in this Section 31-515.2 shall be as established in City Code Chapter 31, Section 31-204 (general permit procedures) and Section 31-207 (Special Use Permits and Conditional Use Permits). In addition, the following shall also apply:

(a) A request for a site plan review Conditional Use Permit as provided within this section, shall be considered officially submitted and complete when the applicant has complied with all the specified information requirements of this Section 31-515.2, City Code Chapter 31, Section 31-204 and Section 31-207.

(b) The applicant shall supply proof of ownership of the property or supply written authorization from the owner(s) of the property in question to proceed with the requested Conditional Use Permit review.

(c) If the project meets the requirements for a Design Permit, as specified in City Code Chapter 31, Section 31-209, then a design permit will need to be requested by the applicant and acted upon by the Heritage Preservation Commission prior to approval of the site plan review Conditional Use Permit by the City Council.

(d) If the project meets the requirements for a Site Alteration Permit, as specified in City Code Chapter 22, Section 22-7, Subd. 6, then a Site Alteration Permit will need to be requested by the applicant and acted upon by the Heritage Preservation Commission prior to approval of the site plan review Conditional Use Permit by the City Council.

(d) The Planning Commission, City Council and City Staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent subdivisions of this section. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

(e) Approval of the site plan review Conditional Use Permit shall require passage by a majority vote of the City Council.

Subd. 4. Evaluation criteria. City Staff, Planning Commission and City Council shall evaluate the effects of the proposed large building project. This review shall be based upon compliance with the City Comprehensive Plan, downtown plans, parking system plans and policies, this section, and other applicable codes, policies and statutes.

Subd. 5. Information required. The information required for all site plan review Conditional Use Permit applications shall include the following items, unless a listed item is waived by the community development director:

(a) Site Plan:

(1) Certificate of survey.

(2) Name and address of developer/owner.

(3) Name and address of architect/designer.

(4) Date of plan preparation.

(5) Dates and description of all revisions.

(6) Name of project or development.

(7) Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).

(8) North point indication.

(9) Lot dimension and area.

(10) Required and proposed setbacks.

(11) Location, setback and dimension of all buildings on the lot including both existing and proposed structures.

(12) Location of all adjacent buildings located within one hundred feet (100) of the exterior boundaries of the property in question.

(13) Location, number, dimensions, and type of surfacing material of existing and proposed parking spaces.

(14) Location, number, dimensions, and type of surfacing material of existing and proposed loading spaces.

(15) Curb cuts and driveways.

(16) Type of surfacing material.

(17) Vehicular circulation.

(18) Sidewalks and walkways.

(19) Location and type of all proposed lighting.

(20) Location of recreational and service areas.

(21) Location of rooftop and ground mounted mechanical equipment and proposed screening.

(22) Provisions for storage and disposal of waste, garbage, and recyclables.

(23) Location, sizing, and type of water and sewer system mains and fire hydrants closest to the property and proposed service connections.

(b) Grading/Storm Water Drainage Plan:

(1) Existing contours at two foot (2) intervals.

(2) Proposed grade elevations, two foot (2) maximum intervals.

(3) Drainage plan including configuration of drainage areas and calculations.

(4) Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

(5) Spot elevations.

(6) Proposed driveway grades.

(7) Surface water ponding and treatment areas.

(8) Erosion control measures.

(9) Calculation of total square footage of site to be covered with impervious surfaces.

(c) Landscape Plan:

(1) Planting schedule (table) containing:

i. Symbols.

ii. Quantities.

iii. Common names.

iv. Botanical names.

v. Sizes of plant material.

vi. Root specification (bare root, balled and burlapped, potted, etc.).

vii. Special planting instructions.

(2) Location, type and size of all existing significant trees to be removed or preserved.

(3) Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).

(4) Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms and the like.

(5) Typical sections of landscape islands and planter beds with identification of materials used.

(6) Details of planting beds and foundation plantings.

(7) Note indicating how disturbed soil areas will be restored through the use of deep tilling, sodding, seeding, or other techniques.

(8) Delineation of both sodded and seeded areas with respective areas in square feet.

(9) Coverage plan for underground irrigation system, if any.

(10) Where landscape or manmade materials are used to provide screening from adjacent and neighboring properties, a cross through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation.

(11) Other existing or proposed conditions which could be expected to affect landscaping.

(d) Other Plans and Information: (As may be required by the community development director.)

(1) Legal description of property under consideration.

(2) Proof of ownership of the land for which a site plan approval has been requested.

(3) Traffic study including projected impact to public road system, impact to adjacent private improvements, and traffic and pedestrian circulation on the site. If a traffic study is required by the community development director, then an escrow in the amount necessary to cover the cost the study must be submitted together with the other application materials. The city will then contract with a traffic engineer to complete the study.

(4) If exterior building changes are proposed, then architectural elevations are required (type, color, and materials used in all external surfaces).

(5) Typical floor plan and typical room plan.

(6) Fire protection plan.

(7) Extent of and any proposed modifications to land within the wetland, shoreland or floodplain district, or steep slopes as described and regulated in this Chapter 31.

(8) Wetland delineation and report.

(9) Type, location and size (area and height) of all signs to be erected upon the property in question.

(10) Certification that all property taxes, special assessments, interest, or city fees due upon the parcel of land to which the application relates have been paid.

Subd. 6. Compliance with other codes. The review and approval of site improvements pursuant to the requirements of city adopted building and fire codes shall be in addition to the process established under this article. Approval of the site plan review Conditional Use Permit does not imply compliance with the requirements of the building codes, fire codes, or design review by the Heritage Preservation Commission.

Subd. 7. Plan agreements. All site and construction plans officially submitted to the City shall be treated as a formal agreement between the building contractor and the City. Once approved, no changes, modifications or alterations shall be made to any plan detail, standard, or specifications without prior submission of a plan modification request to the community development director for review and approval. Significant changes as deemed by the community development director may be subject to council review and approval.

Subd. 8. Enforcement. The community development director shall have the authority to order the stopping of any and all site improvement activities when and where a violation of the provisions of this Section 31-515.2 has been officially documented by the building official, public works director, or city planner as applicable.

2) AMEND. City Code Chapter 31, Section 31-204, Subd. 5 shall be amended by adding Footnote 3 to the row in the table that reads Conditional or Special Use Permit1. The footnote shall read as follows:

The City Council shall be the final decision authority and the Planning Commission will make a recommendation for any site plan review Conditional Use Permit associated with large building projects in the CBD District.

3) AMEND. Footnote 1 in City Code Chapter 31, Section 31-207(C)(1) shall be amended by adding the following sentence:

For any site plan review Conditional Use Permit associated with a large building project in the CBD Zoning District, the City Council shall be the final decision authority and the Planning Commission will review and make a recommendation.

4) SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect.

5) EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication according to law.

Enacted by the City Council of the City of Stillwater this 7th day of February, 2017.

CITY OF STILLWATER

/s/ Ted Kozlowski

Ted Kozlowski, Mayor

ATTEST:

/s/ Diane F. Ward

Diane F. Ward, City Clerk

Published in the

Stillwater Gazette

September 1, 2017

728061

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