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HomeMy WebLinkAbout2017-10-12 Planning Commission Meeting Pacekt CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, October 12, 2017 7:00 P.M. I. Call to Order/Pledge of Allegiance II. Approval of Agenda III. Approve September 14, 2017 Planning Commission Meeting Minutes (1) IV. Department/Commission Liaison/Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. VI. Public Hearings VII. New Business A. Small Cell Technology(2) B. 2018 Meeting Calendar& Commission Liaison Schedule (3) VIII. Old Business A. Oak Park Heights—Comprehensive Plan 2018 (4) B. Consider Change to Time of Planning Commission Meeting IX. Informational A. Upcoming Meetings: • Tuesday, October 24, 2017 City Council 6:00 p.m./City Hall • Thursday,November 9, 2017 Planning Commission 7:00 p.m./City Hall • Tuesday,November 28, 2017 City Council 6:00 p.m./City Hall B. Council Representative • Tuesday, October 24, 2017—Commissioner VanDyke • Tuesday,November 28, 2017—Commissioner(to be assigned) • Tuesday, December 12, 2017—Commissioner(to be assigned) X. Adjourn. ENCLOSURE CITY OF OAK PARK HEIGHTS ; ._ PLANNING COMMISSION MEETING MINUTES Thursday, September 14,2017—Oak Park Heights City Hall Call to Order/Pledge of Allegiance: Chair Kremer called the meeting to order and welcomed new Commissioners Jennifer Giovinazzo, Jennifer VanDyke and David White. Present: Commissioners Kremer, Giovinazzo, Freeman, VanDyke and White; City Administrator Johnson, City Planner Richards, and City Councilmember Dougherty. II. Approval of Agenda: Commissioner Freeman, seconded by Commissioner VanDyke,moved to approve the Agenda as presented. Carried 5 —0. III. Approval of August 10, 2017 Meeting Minutes: Commissioner White, seconded by Commissioner Freeman, moved to approved the Minutes as presented. Carried 5 - 0. IV. Department/Commission Liaison/Other Reports: City Councilmember Dougherty noted a ribbon cutting event at the Stillwater Area High School as part of the Homecoming festivities and also noted that the City Council has changed their meeting time to 6:00 p.m. and wanted to mention it, should the Commission want to consider changing their meeting time. City Administrator Johnson noted a ribbon cutting event for the mountain bike trail at Valley View Park scheduled for 6:30 p.m., September 18th. V. Visitors/Public Comment: None. VI. Public Hearings: A. Accessory Buildings: Consider amendments to sections 401.15.D &401.15.C.8 related to accessory buildings type and construction with regard to allowable size, temporary structures and site location. City Planner Richards reviewed and discussed his September 6, 2017 Memorandum, recapping Planning Commission conversation discussion related to Accessory Building and the allowances for height, size and temporary use of fabric carports and shelter. Discussion ensued as to proposed ordinance language with amendments suggested for clarification, City abatement process, and the use of temporary structures within all zoning districts with a special event permit. Chair Kremer opened the public hearing and asked for public comment. There being none, he closed the public hearing and asked the Commission for a motion to consider on the matter. Planning Commission Minutes September 14,2017 Page 2 of 4 Commissioner Freeman, seconded by Commissioner Giovinazzo moved to recommend City Council approval of the amended Ordinance language as proposed within City Planner Richards's September 6, 2017 Memorandum as amended, clarifying language in Section 401.15.D 3 with regard to six-foot separation from any other building or structure on the same lot, removing 10. a,b and c from Section 401.15. D, and striking"the permittee shall have forfeited any rights to the structure and the" from 401.15.D, 11 d. Carried 5-0. VII. New Business: A. Stillwater Crossings Shopping Center @ 5988 Osgood Ave. N.—Discuss proposed exterior site improvements to building façade,trash area and screened smoking area. City Planner Richards noted that a revised elevation diagram exhibit has been provided by the applicant and placed at each Commission members seat. Richards reviewed his September 6, 2017 Planning Report regarding the request. Chair Kremer opened the public hearing and invited the applicant to comment. Eric Bjelland—Midwest Retail Ventures LLC introduced himself and discussed the general plan,noting the objective is to bring the building up to modern standards for the community and its tenants. Mr. Bjelland addressed questions for the Commission related to the awning material, smoking area design, access and use,rear building area and trash enclosure, and bicycle rack relocation. Commissioner Giovinazzo encouraged Mr. Bjelland to consider use of metal awning as a cosmetically, sustainable option. Commissioner VanDyke, seconded by Commissioner Giovinazzo moved to recommend City Council approval of the request, subject to the conditions noted within the September 6, 2017 Planning Report, as amended, specifically that: 1. If any trees or landscaping is added to the site, the plan shall be subject to review and approval of the City Arborist. 2. All light fixtures shall be full cut off, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 3. The Planning Commission was favorable to the building design and building materials. 4. All mechanical equipment on the roof or on the site shall be screened in accordance with the provisions of the Zoning Ordinance and as approved by City Staff. Planning Commission Minutes September 14,2017 Page 3 of 4 5. All signs shall be designed to comply with the Zoning Ordinance requirements for size and internal illumination. 6. No alcohol consumption shall be allowed on the exterior smoking area. The area shall be signed to prohibit alcohol consumption in this area. No direct access shall be allowed to the smoking area from the interior of the building. Carried 5 -0. B. Commission Vice Chair&Attendance at City Council Meetings: Discuss and make recommendation for appointment to vacated Vice Chair position and discuss Planning Commission attendance at City Council meetings Chair Kremer noted that with the resignation of Beth Nelson the Commission is absent of a Vice Chairperson. He suggested that since three of the five members were new it would make sense to recommend Commissioner Freeman for appointment until the next annual meeting in March of 2018. Chair Kremer, seconded by Commissioner Giovinazzo moved to appointment Commissioner Freeman as Planning Commission Vice Chairperson to fill the vacated term until the March, 2018 annual meeting. Carried 4—0, Freeman abstained. Chair Kremer noted that conversation has been had by the Planning Commission and by the City Council as to the need for a Planning Commission Liaison to attend the City Council meetings. Chair Kremer expressed that he felt there were different perspectives to be found at the Staff, City Council and Commission levels and that it was important to have a voice and encourage continued liaison attendance when they are schedule. Commissioner Freemen expressed that he appreciates the interaction the Commission has and that he felt that it had a voice with a City Council Liaison, the City Planner and the City Administrator at the Commission meetings and questioned the need for overlap. Discussion ensued as to the mater and the need for attendance will be monitored. Commissioner Freeman noted Council Liaison Dougherty's earlier statement about the Commission being interested in changing their meeting time to 6:00 p.m. Discussion ensued, wherein generally a 6:00 p.m. meeting time was acceptable,how it might affect visitors to the meetings and such. For the benefit of the new Commissioners, City Administrator Johnson explained the staffing composition for meetings in relation to a time change. Chair Kremer stated that the next meeting would be at 7:00 p.m. and the matter of amending the meeting time should be placed on the Agenda under Old Business. Planning Commission Minutes September 14,2017 Page 4 of 4 VIII. Old Business: A. Oak Park Heights—Comprehensive Plan 2018: City Planner Richards reviewed and discussed his September 7, 2017 Memorandum and noted that the revised Land Use section and the Transportation and Community Facilities section will be completed for the Commission's review at their October meeting. Discussion was had as to the same. Chair Kremer explained the requirement of Metropolitan Council for updating the Comprehensive Plan and the steps the City takes as part of the process and goals to create the best plan possible. City Planner Richards noted that the updating of the plan is also a good opportunity for the City to review the plan and their goals for the community. Discussion ensued as to the material presented to date. Richards stated that he would bring everyone up to date on changes made on the sections at the October meeting. Chair Kremer suggested that when the material is received, to review them and mark them up with their thoughts and questions and to remember to keep the plan goals in their minds through the course of time when they are making decisions for the community. IX. Informational: A. Upcoming Meetings &Commission Liaison: • Tuesday, September 26, 2017 City Council 6:00 p.m./City Hall • Commissioner Liaison—Commissioner White • Tuesday, October 10, 2017 City Council 6:00 p.m./City Hall • Commissioner Giovinazzo • Thursday, October 12, 2017 Planning Commission 7:00 p.m./City Hall • Tuesday, October 24, 2017 City Council 6:00 p.m./City Hall • Commissioner VanDyke Commissioner Freeman asked if there was a way to have meetings posted to the City website. City Administrator Johnson stated he would look into it and see what could be done. X. Adjourn. Commissioner Freeman, seconded by Commissioner White,moved to adjourn at 7:18 p.m. Carried 5 —0. Respectfully submitted, Julie Hultman Planning& Code Enforcement Approved by the Planning Commission: TPC 3601 Thurston Avenue N, Suite 100 ENCLOSURE Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPCQPIanningCo.corn 02 MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: October 5, 2017 RE: Oak Park Heights— Small Cell Technology— Planning Commission TPC FILE: 236.01 — 17.03 Background As you are aware, a law was enacted during the 2017 legislative session that would allow small cell wireless equipment to be placed on City owned infrastructure in the public right of way. As introduced, the bill would have allowed wireless companies unregulated access to the public right of way, but the League of Minnesota Cities strongly opposed the bill and negotiated new language to maintain some local control. The resulting bill language preserves local authority over access to the public right of way. Please find attached an Information Memo from the League that was distributed on September 13, 2017, and discusses cell towers and small cell technologies. The City Council, at their September 26, 2017 meeting, discussed a work program to address the small cell wireless issue and authorized staff to move forward with changes to the City Code, including the Zoning Ordinance. Attached for Reference: Exhibit 1: League of Minnesota Cities — Cell Towers, Small Cell Technologies and Distributed Antenna Systems— September 13, 2017 Exhibit 2: City of Bloomington — Right of Way Code Section Exhibit 3: City of Bloomington — Pole Attachment Application/Permit Analysis The City will need to make changes to its Regulation of Public Rights of Way, Chapter 704 of the City Code, to address small cells. Additionally, the City will need to develop a permit application that would lay out the terms and conditions for the small cell wireless provider. Finally, the City should review its regulations found in Section 401.15.P Antennas to add the regulation of small cells on private property. The City of Bloomington has already made changes to its Right of Way Ordinance and developed a draft permit application. Staff will review this example as well as others as they become available. Staff will also work closely with the City Attorney on the proposed language and conformance with State Law. Please find as follows a schedule for amendments to the City Code, including sections of the Regulation of Public Rights of Way and Antenna regulations. A permit application to install small cells in the right of way will also be developed. The schedule includes drafting the changes, working with the Planning Commission on the recommended language and final City Council approval. The project would include drafting the recommending Resolution and Ordinance. The proposed schedule for this work is as follows: September 26, 2017: City Council acceptance of proposal and budget. October 12, 2017: Planning Commission discussion of small cell technologies and changes to City Code. November 9, 2017: Planning Commission review of draft language, revisions. December 14, 2017: Planning Commission public hearing and recommendation. December 26, 2017: City Council review of Planning Commission recommendation and approval of the amendment Ordinance. Conclusion The first task of the Planning Commission is to review the issue and example from Bloomington. At the meeting, staff will introduce the topic and discuss what needs to be done to complete the project. At the November meeting we will discuss a draft of the changes that need to be made to the City Code. 2 1 O0 INFORMATION MEMO LE AGUE OF A Cell Towers, Small Cell Technologies CITIES & Distributed Antenna Systems Learn about large and small cell tower deployment and siting requests for small cell, small wireless and distributed antenna systems (DAS) technology. Better understand the trend of the addition of DAS, small wireless or small cell equipment on existing utility equipment. Be aware of common gaps in city zoning, impact of federal and state law, reasons for collocation agreements and some best practices for dealing with large and small cell towers, small wireless facilities and DAS. RELEVANT LINKS: I. Deployment of large cell towers or antennas 47 U.S.C.§253(commonly A cell site or cell tower creates a"cell" in a cellular network and typically known as Section 253 of supports antennas plus other equipment, such as one or more sets of Telecommunications Act). transceivers, digital signal processors, control electronics, GPS equipment, 47 U.S.C.§332(commonly primary and backup electrical power and sheltering. Only a finite number of known as Section 332 of calls or data can go through these facilities at once and the working range of Telecommunications Act). the cell site varies based on any number of factors, including height of the FCC Website. antenna. The Federal Communications Commission(FCC)has stated that cellular or personal communications services(PCS)towers typically range anywhere from 50 to 200 feet high. The emergence of personal communications services,the increased number of cell providers, and the growing demand for better coverage have spurred Rrequests for new cell towers, small cell equipment, and distributed antenna systems(DAS)nationwide. Thus, some cellular carriers, telecommunications wholesalers or tower companies,have attempted to quickly deploy telecommunications systems or personal wireless service *a facilities, and, in doing so, often claim federal law requires cities to allow construction or placement of towers, equipment, or antennas in rights of way. Such claims generally have no basis. Although not completely unfettered, cities can feel assured that, in general, federal law preserves local zoning and land use authority. A. The Telecommunications Act and the FCC 47 U.S.C.§253(commonly The Telecommunications Act of 1996 (TCA)represented America's first known as Section 253 of Telecommunications Act). successful attempt to reform regulations on telecommunications m more 47 U.S.C.§332(commonly than 60 years, and was the first piece of legislation to address internet known as Section 332 of access. Congress enacted the TCA to promote competition and higher Telecommunications Act). quality in American telecommunications services and to encourage rapid deployment of new telecommunications technologies. This material is provided as general information and is not a substitute for legal advice.Consult your attorney for advice concerning specific situations. 145 University Ave.West www.lmc.org 9/13/2017 Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 ©2017 All Rights Reserved RELEVANT LINKS: FCC website interpreting The FCC is the federal agency charged with creating rules and policies under Telecommunications Act of 1996. the TCA and other telecommunications laws. The FCC also manages and licenses commercial users(like cell providers and tower companies), as well as non-commercial users(like local governments). As a result,both the TCA and FCC rulings impact interactions between the cell industry and local government. The significant changes in the wireless industry and its related shared wireless infrastructures, along with consumer demand for fast and reliable service on mobile devices, have fueled a frenzy of requests for large and small cell/DAS site development and/or deployment. As a part of this, cities find themselves facing cell industry arguments that federal law requires cities to approve tower siting requests. Companies making these claims most often cite Section 253 or Section 332 47 U.S.C.§253(Section 253 of Telecommunications Act). of the TCA as support. Section 253 states"no state or local statute or regulation may prohibit or have the effect of prohibiting the ability of any 47 U.S.C.§332(c)(7). entity to provide any interstate or intrastate telecommunications service." FCC 09-99,Declaratory Section 332 has a similar provision ensuring the entry of commercial mobile Ruling(Nov.18,2009). services into desired geographic markets to establish personal wireless service facilities. 47 U.S.C.§253(c)(e) These provisions should not, however,be read out of context. When (Section 253 of Telecommunications Act). reviewing the relevant sections in their entirety, it becomes clear that federal 47 U.S.C.§332(c)(7). law does not pre-empt local municipal regulations and land use controls. Specifically,the law states"[n]othing in this section affects the authority of a state or local government to manage the public rights of way or to require FCC 09-99,Declaratory Ruling(Nov.18,2009). fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights of way ..."and that"nothing in this chapter shall limit or affect the authority of ... local government ... over decisions regarding the placement, construction, and modification of personal wireless service facilities". Sprint Spectrum v.Mills, Courts consistently have agreed that local governments retain their 283 F.3d 404(2nd Cir. 2002). regulatory authority and, when faced with making decisions on placement of towers, antenna or new telecommunication service equipment on city USCOC of Greater Missouri v. Vill.Of Marlborough,618 facilities,they generally have the same rights that private individuals have to F.Supp.2d 1055(E.D.Mo. deny or permit placement of a cellular tower on their property. This means 2009). cities can regulate and permit placement of towers and other personal FCC 09-99,Declaratory wireless service facilities, including, in most situations(though some state Ruling(Nov.18,2009). law restrictions exist regarding regulations of small wireless support structures), controlling height, exterior materials, accessory buildings, and even location. Cities should be careful to make sure that local regulations don't have the effect of completely banning all cell towers or personal wireless service facilities. Such regulation could run afoul of federal law(not to mention state law as well). League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 2 RELEVANT LINKS: Some cellular companies try to gain unfettered access to city right of way by Vertical Broadcasting v. claiming they are utilities. The basis for such a claim usually follows one of Town of Southampton,84 F. two themes—either that, as a utility, federal law entitles them to entry; or, in Supp.2d 379(E.D.N.Y. 2000). the alternative, under the city's ordinances,they get the same treatment as other utilities. Courts have rejected the first argument of entitlement, citing to the specific directive that local municipalities retain traditional zoning discretion. B. State law Paging v.Bd.of Zoning In the alternative,the argument that a city's local ordinances include towers Appeals for Montgomery as a utility has, on occasion and in different states, carried more weight with Cty.,957 F.Supp.805(w.D. a court. To counter such arguments, cities may consider specifically Va.1997). excluding towers, antenna, small cell, and DAS equipment from their ordinance's definition of utilities. The Minnesota Department of Commerce, in a letter to a wireless infrastructure provider, cautioned one infrastructure company that its certificate of authority to provide a local niche service did not authorize it to claim an exemption from local zoning. The Minnesota Department of Commerce additionally requested that the offending company cease from making those assertions. In Minnesota,to clear up confusion about whether wireless providers Letter from Minnesota Department of Commerce to represent telecommunications right-of-way users under state law and to Mobilitie. address concerns about deployment of small wireless technology,the Minn.Stat.§237.162 Legislature amended Minnesota's Right-of-Way User statutes, or Minnesota Minn.Stat.§237.163 ROW Law, in the 2017 legislative session to specifically address small Chapter 94,Art. 9,2017 Regular Session. wireless facilities and the support structures on which those facilities may Minnesota Public Utilities attach. Commission,Meeting Agenda(Nov.3,2016). Because of these amendments, effective May 31, 2017 additional specific state statutory provisions apply when cities, through an ordinance,manage their rights of way,recover their right-of-way management costs(subject to certain restrictions), and charge rent for attaching to city-owned structures in public rights of way. Rent, however, is capped for collocation of small wireless facilities. State law defines "collocate" or "collocation" as a means to install,mount,maintain,modify, operate, or replace a small wireless facility on,under,within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Minn.Stat.§237.162. The Minnesota ROW Law allows cities to require telecommunications right- Minn.Stat.§237.163 of-way users to get a permit for use of the right of way;however, it creates a Chapter 94,Art. 9,2017 separate permitting structure for the siting of small wireless facilities. Regular Session. League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 3 RELEVANT LINKS: Because of the recent significant changes in the state law and the specific requirements for deployment of small wireless facilities that do not apply to other telecommunications right-of-way users, cities should work with their city attorneys to review and update their ordinances. C. Limitations on cities' authority 1. Federal law Although federal law expressly preserves local governmental regulatory authority, it does place several substantive and procedural limits on that authority. Specifically, a city: USCOC of Greater Missouri • Cannot unreasonably discriminate among providers of functionally Vill.Of Marlborough,618 F.Supp.2d 1055(E.D.Mo. equivalent services. 2009). • Cannot regulate those providers in a manner that prohibits or has the Minnesota Towers Inc.v. effect of prohibiting the provision of telecommunications services or City of Duluth,474 F.3d 1052(8'"Cir.2007). personal wireless services. • Must act on applications within a reasonable time. NE Colorado Cellular,Inc.v. City of North Platte,764 • Must document denial of an application in writing supported by F.3d 929(8th Cir.2014) "substantial evidence." (denial of CUP for tower must be"in writing"but need not be a separate finding from the reasons in the denial). Smith Comm. V. Washington Proof that the local zoning authority's decision furthers the applicable local Cry,Ark.,785 F.3d 1253(8th Cir.2015)(substantial zoning requirements or ordinances satisfies the substantial evidence test. evidence'analysis involves Municipalities cannot cite environmental concerns as a reason for denial, whether the local zoning authority's decision is however, when the antennas comply with FCC rules on radio emissions. In consistent with the applicable the alternative, cities can request proof of compliance with the FCC rules. local zoning requirements and can include aesthetic reasons). Bringing an action in federal court represents the recourse available to the cellular industry if challenging the denial of a siting request under federal law. Based on the limitations set forth in the federal law on local land use and zoning authority,most often, when cities deny siting requests,the challenges to those denials claim one of the following: FCC 1 09-99 ,D 8l2009ry • The municipal action has the effect of"prohibiting the provision of personal wireless service." Tower and Antenna Siting • p The municipal action unreasonablydiscriminates providers of FAQ sheet from FCC. scrimes amon g functionally equivalent services(i.e., cell providers claiming to be a type T-Mobile West V.Crow, of utilityso theycanget the same treatment as a utilitycity No.CV08-1337(D.AZ. under Dec.16,2009). ordinance). League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 4 RELEVANT LINKS: 2. State law Minn.Stat.§237.162 In addition to mirroring some of the federal law requirements, such as the Minn.Stat.§237.163 Chapter 94,Art. 9,2017 requirement of equal treatment of all like providers, state law permits cities, Regular Session. by ordinance,to further regulate "telecommunications right-of-way users." Minnesota's Telecom ROW Law expressly includes wireless service providers as telecommunications right-of-way users,making the law applicable to the siting of both large and small,wire-lined or wireless telecommunications equipment and facilities, in the rights of way. See further discussion of State law places additional restrictions on the permitting and regulating of state law restrictions in Section II-A,below small wireless facilities and wireless support structure placement. Accordingly, cities should work with city attorneys when drafting, adopting, or amending their ordinance. The Telecom ROW Law still expressly protects local control, allowing cities to deny permits for reasonable public • health, welfare, and safety reasons,with no definitions of or limitations on what qualifies as health, welfare, and safety reasons. D. Court decisions Minnesota Towers Inc.v. The 8th U.S. Circuit Court of Appeals(controlling law for Minnesota) City of Duluth,474 F.3d 1052(8th Cir.2007).Smith recognizes that cities do indeed retain local authority over decisions Comm. V. Washington Cry, regarding the placement and construction of towers and personal wireless Ark.,785 F.3d 1253(8th Cir. 2015). service facilities. Voicestream PCSII Corp.v. The 8th Circuit also has heard cases where a carrier or other City of St.Louis, No. 4:04CV732(E.D.Mo.August telecommunications company argued they are a utility and should be treated 3,2005)(city interpretation as such under local ordinances. Absent a local ordinance that includes this of city ordinance treats communication facility as a type of equipment within its definition of utilities, courts do not necessarily utility). deem cell towers or other personal communications services equipment functionally equivalent to utilities. USCOC of Greater Missouri Additionally, courts have found that the federal law anticipates some v. Vill.Of Marlborough,618 disparate application of the law, even among those deemed functionally F.Supp2d 1055,1064 (ED. equivalent. For example, courts determined it reasonable to consider the Mo.2009)(TCA explicitly contemplates some location of a cell tower when deciding whether to approve tower discrimination amount construction(finding it okay to treat different locations differently), so long providers of functionally equivalent services). as cities do not allow one company to build a tower at a specific location at the exclusion of other providers. League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 5 RELEVANT LINKS: E. City approaches Regulation of placement of cell towers and personal wireless services can For regulation of occur through an ordinance. The Minnesota ROW Law provides cities with telecommunications right-of- comprehensive authority to manage their rights of way. With the unique way users,see Appendix A, Sample Ordinances and application of federal law to telecommunications and the recent changes to Agreements. state law, along with siting requests for locations both in and out of rights of way, many cities find having a separate telecommunications right-of-way user ordinance(in addition to a right-of-way ordinance) allows cities to better regulate towers and other telecommunications equipment, as well as collocation of small wireless facilities and support structures. Some cities also have modified the definitions in their ordinances to exclude cell towers, telecommunications,wireless systems,DAS, small cell equipment, and more from utilities to counter the cell industry's requests for equal treatment or more lenient zoning under the city's zoning ordinances. In addition to adopting specific regulations,many city zoning ordinances recognize structures as conditional uses requiring a permit(or many of these regulations include a provision for variances, if needed). While cities may require special permits or variances to their zoning for siting of large cell facilities,under state law, small wireless facilities and wireless support Minn.Stat.237.163,Subd.2 structures accommodating those small wireless facilities are deemed a (f).Chapter 94,Art.9,2017 permitted use. The only exception to the presumed,permitted use for small Regular Session. wireless is that a city may require a special or conditional land use permit to install a new wireless support structure in a residentially zoned or historic district. Cities will want to review their zoning to make sure it complies with the Minnesota ROW Law. Il. Deployment of small cell technologies and DAS Small cell equipment and DAS both transmit wireless signals to and from a defined area to a larger cell tower. They are often installed at sites that support cell coverage either within a large cell area that has high coverage 1 needs or at sites within large geographic areas that have poor cell coverage overall. League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 6 RELEVANT LINKS: Situational needs dictate when cell providers use small cell towers, as opposed to DAS technology. Generally, cell providers install small cell towers when they need to target specific indoor or outdoor areas like stadiums,hospitals, or shopping malls. DAS technology, alternatively,uses a small radio unit and an antenna(that directly link to an existing large cell tower via fiber optics). Installation of a DAS often involves cell providers • using the fiber within existing utility structures to link to its larger cell tower. Cities sometimes are asked to provide the power needed for the radios, which the city can negotiate into the leasing agreement with the cell provider. A. Additional zoning and permitting needs under state law Minn.Stat.§237.162. Historically,many cities' ordinances address large cell sites,but not small Minn.Stat.§237.163. Chapter 94,Art. 9,2017 cell towers or DAS. With the recent changes to state law, cities should work Regular Session. with their city attorney to review their ordinances in consideration of the See Appendix A,Sample Ordinances and Agreements. new statutory permit process for the siting of small wireless facilities. See League FAQ on Cities can charge rent(up to a cap for small wireless siting)under the statute Minnesota 2017 for placement of cell technology or DAS on existing or newly installed Telecommunication Right of support structures, like poles or water towers; and, also, can enter into a Way User Amendments(July 2017). separate agreement to address issues not covered by state law or ordinance. Cities should work with their city attorney to get assistance with drafting these agreements and any additional documents, like a bill of sale(for transfer of pole from carrier to city), if necessary. See Appendix A,Sample The terms and conditions of these agreements, called collocation Ordinances and Agreements agreements, for siting of small wireless facilities,most likely will mirror agreements formerly referred to as master licensing agreements,often including provisions such as: • Definitions of scope of permitted uses. • Establishment of right-of-way rental fee(note statutory limitations). • Protection of city resources. • Provision of contract term(note statutory limitations). • Statement of general provisions. • Maintenance and repair terms. • Indemnity provisions. • Insurance and casualty. • Limitation of liability provision. • Terms for removal. League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 7 RELEVANT LINKS: State law does not require a separate agreement, and some cities have chosen to put these provisions in their ordinance or permit instead. For cities that choose to have a separate agreement in place,they must develop and make that agreement publicly available no later than November 31, 2017 (six months after the effective date of this act) or three months after receiving a small wireless facility permit application from a wireless service provider. The agreement must be made available in a substantially complete form; however, the parties to the small wireless facility collocation agreement can incorporate additional mutually agreed upon terms and conditions. The law classifies any small wireless facility collocation agreement between a local government unit and a wireless service provider as public data,not on individuals, making those agreements accessible to the public under Minnesota's Data Practices Law. Minn.Stat.§237.162 Additionally,the new amendments to Minnesota's Telecom ROW Law set Minn.Stat.§237.163 Chapter 94,Art. 9,2017 forth other requirements that apply only to small cell wireless facility Regular Session. deployment. The 2017 amendments changed Minnesota's ROW Law significantly,the details, of which, can be found in the League's FAQ on Minnesota 2017 Telecommunication Right of Way User Amendments(July 2017). However, after the amendments,the law now generally provides: See League FAQ on • A presumption of permitted use in all zoning districts, except in districts Minnesota 2017 Telecommunication Right of zoned residential or historical districts. Way User Amendments(July • The requirement that cities issue or deny small wireless facility requests 2017). within 90 days,with a tolling period allowed upon written notice to the applicant, within 30 days of receipt of the application. • An allowance to batch applications(simultaneously submit a group of applications), with the limitation to not exceed 15 small wireless requests for substantially similar equipment on similar types of wireless support structures within a two-mile radius. • Rent not to exceed$150 per year with option of an additional $25 for maintenance and allowances for electricity, if cities do not require separate metering. • The limitation that cities cannot ask for information already provided by the same applicant in another small cell wireless facility application, as identified by the applicant,by reference number to those other applications. • A restriction that the height of wireless support structures cannot exceed 50 feet,unless the city agrees otherwise. • A restriction that wireless facilities constructed in the right of way may not extend more than 10 feet above an existing wireless support structure in place. League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 8 RELEVANT LINKS: • A prohibition on moratoriums with respect to filing,receiving, or processing applications for right-of-way or small wireless facility permits; or issuing or approving right-of-way or small wireless facility permits. For cities that did not have a right-of-way ordinance in place on or before May 18, 2017, the prohibition on moratoria does not take effect until January 1, 2018, giving those cities an opportunity to enact an ordinance regulating its public rights-of-way. NOTE: These additional state law requirements do NOT apply to collocation on structures owned, operated maintained or served by municipal utilities. Also, the small wireless statutory requirements do not invalidate agreements in place at the time of enactment of the 2017 amendments(May 31, 2017). 47 U.S.C.§332(commonly The siting of DAS or new small cell technologies also must comply with the known as Section332 of Telecommunications Act). same restrictions under federal law that apply to large cell sitings. Specifically, a city: FCC 09-99,Declaratory • May not unreasonably discriminate among providers of functionally Ruling(Nov.18,2009). equivalent services. FCC 14-153,Report&Order • May not regulate in a manner that prohibits or has the effect of (October 21,2014). prohibiting the provision of personal wireless services. • Must act on applications within a reasonable time. • Must make any denial of an application in writing supported by substantial evidence in a written record. Because of the complexities in the state law and the overlay of federal regulations, some cities have found it a best practice to adopt or amend a telecommunications right-of-way ordinance separate from their general right-of-way management ordinance. Cities that do not choose to adopt separate ordinances, at a minimum, should work with their attorney to review and amend their existing right-of-way ordinances, if necessary, to accommodate for telecommunications right-of-way users and the recent state law amendments for small wireless facilities. For example, since state law now recognizes small wireless facilities as a permitted use, zoning ordinances that require conditional use permits for these facilities likely will need amending. Since wireless providers seek to attach their small cell and DAS equipment to city-owned structures,many cities choose to have a separate agreement in place to address terms and conditions not included in ordinances or permits. Minn.Stat.§237.163, If the city chooses to do so,the law requires the city to have these Subd.3a(f). agreements available in a substantial form so applicants can anticipate the Chapter 94,Art. 9,2017 Regular Session. terms and conditions. Again,cities should work with the city attorney to See Appendix A,Sample draft a template agreement governing attachment of wireless facilities to Ordinances and Agreements. municipally owned structures in the right of way. League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 9 RELEVANT LINKS: With the nationwide trend encouraging deployment of these new technologies, if a city denies an application, it must do so in writing and provide detailed reasonable findings that document the health, welfare, and safety reasons for the denial. With the unique circumstances of each community often raising concerns about sitings, cities may benefit from proactively working with providers. B. Modifications of existing telecommunication structures Section 6409(a)of the If a siting request proposes modifications to and/or collocations of wireless Middle Class Tax Relief and Joe Creation Act of 2012, transmission equipment on existing FCC-regulated towers or base stations, codified at 47 U.S.C.§1455. then federal law further limits local municipal control. Specifically, federal law requires cities to grant requests for modifications or collocation to FCC Public Notice AD 12- existing FCC-regulated structures when that modification would not 2047(January 25,2013). "substantially change"the physical dimensions of the tower or base station. FCC 14-153,Report&Order The FCC has established guidelines on what"substantially change the (October 21,2014). physical dimensions"means and what constitutes a"wireless tower or base station." FCC Public Notice AD 12- Once small cell equipment or antennas gets placed on that pole, then the pole 2047(January 25,2013). becomes a telecommunication structure subject to federal law and FCC regulations. Accordingly, after allowing collocation once, the city then must comply with the more restrictive federal laws that allow modifications to these structures that do not substantially change the physical dimensions of the pole, like having equipment from the other cell carriers. FCC Public Notice AD 12- Under this law,it appears cities cannot ask an applicant who is requesting 2047(January 25,2013). modification for documentation information other than how the modification City of Arlington Texas,et. impacts the physical dimensions of the structure. Accordingly, al. V.FCC,et.al.,133 S.Ct. 1863,1867(2013)(90 days documentation illustrating the need for such wireless facilities or justifying to process collocation the business decision likely cannot be requested. Of course, as with the other application and 150 days to process all other applications, siting requests, state and local zoning authorities must take prompt action on relying on§332(c)(7)(B)(ii)). these siting applications for wireless facilities (60-day shot clock rule). This model ordinance and Two wireless industry associations,the WIA(formerly known as the PCIA) other information can be found at National and CTIA, collaborated with the National League of Cities,the National Association of Counties Association of Counties, and the National Association of Website. Telecommunications Officers and Advisors to: (1) develop a model ordinance and application for reviewing eligible small cell/DAS facilities requests under federal law; (2)discuss and distribute wireless siting best practices; (3)create a checklist that local government officials can use to help streamline the review process; and(4)hold webinars regarding the application process. League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 10 RELEVANT LINKS: III. Moratoriums The cellular industry often challenges moratoriums used to stall placement of cell towers, as well as small cell/DAS technology,until cities can address regulation of these structures. Generally,these providers argue that these moratoriums do one of the following: • Prohibit or have the effect of prohibiting the provision of personal wireless services. • Violate federal law by failing to act on an application within a reasonable time. Minn.Stat.§237.163,Subd. State law now prohibits moratoriums with respect to: (1) filing,receiving, or 2(d).Chapter 94,Art. 9, 2017 Regular Session. processing applications for right-of-way or small wireless facility permits; or (2)issuing or approving right-of-way or small wireless facility permits. For cities that did not have an ordinance enabling it to manage its right-of-way on or before May 18,2017,the prohibition on moratoria does not take effect until January 1, 2018, giving those cities an opportunity to enact an ordinance regulating its public rights-of-way. IV. Conclusion With the greater use of calls and data associated with mobile technology, cities likely will see more new cell towers, as well as small cell technology/DAS requests. Consequently, it would make sense to proactively review city regulations to ensure consistency with federal and state law, while still retaining control over the deployment of structures and the use of rights of way. League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 11 Appendix A: Sample Ordinances and Sample Agreements Many cities address cell towers in their ordinances already. For informational purposes only, the links below reference some telecommunications facilities ordinances in Minnesota. PLEASE NOTE, these ordinances reflect each city's unique circumstances and may pre-date the 2017 Legislative Session which, then,would not have considered the amendments to Minn. Stat. §§ 237.162, 237.163 when drafted. Sample Telecommunications Ordinances Revised Model Right-of-Way Ordinance City of Edina(predates 2017 amendments) Ordinance: (Chapter 34: Telecommunications) City of Brainerd Memo to Planning Commission from City Planner,July 13,2017 Re: Draft Ordinance: Section 35: Anetennas and Towers City of Minneapolis Ordinance: (Amendment to Ordinance to accommodate Small Cell/DAS equipment) CPED Staff Report, City of Minneapolis regarding Amendment City of Bloomington Ordinance: (Part II City Code, Chapter 17: Streets and Rights-of-Way) Ordinance: (No. 2017-16, Amending Section 14.03 of the City Code Concerning the Permit Fee) Permit: Small Cell Permit Sample Collocation Agreement for DAS/Small Call Texas City Attorney Association Addendum to Local Gov. Code, Chapter 283 San Antonio,Texas Boston, Massachusetts San Francisco,California League of Minnesota Cities Information Memo: 9/13/2017 Cell Towers,Small Cell Technologies&Distributed Antenna Systems Page 12 City of Bloomington ARTICLE IV: RIGHT-OF-WAY MANAGEMENT AND LOCATING OF UNDERGROUND FACILITIES § 17.64 FINDINGS AND PURPOSE. § 17.64.01 ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY. § 17.65 DEFINITIONS. The following words,terms and phrases, as used herein, have the following meanings unless the context clearly indicates otherwise. APPLICANT. Any person requesting permission to excavate or obstruct a right-of- way. CITY. The City of Bloomington, Minnesota. CITY MANAGEMENT COSTS. The actual costs incurred by the city for public rights- of-way management; including,but not limited to, costs associated with registering applicants seeking permission to excavate or obstruct a right-of-way; issuing, processing and verifying right-of-way permit applications; inspecting job sites and restoration projects;maintaining, supporting,protecting or moving user equipment during public right-of-way work; determining the adequacy of right-of- way restoration; restoring work inadequately performed after providing notice and opportunity to correct the work; mapping of"as-built"locations of facilities located in rights-of-way; and revoking right-of-way permits and performing all other functions required by this Article IV, including other costs the city may incur in managing the provisions of this Article IV. COMMISSION. Minnesota Public Utilities Commission. CONGESTED RIGHT-OF-WAY. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with M.S. § 216D.04, subd. 3, as it may be amended from time to time, over a continuous length in excess of 500 feet. CONSTRUCTION PERFORMANCE BOND. Any of the following forms of security provided at Director's option: (1) Individual project bond, including a"license and permit"bond; (2) Cash deposit; (3) Security of a form listed or approved under M.S. § 15.73, as it may be amended from time to time; (4) Letter of credit, in a form acceptable to the city; (5) Self-insurance, in a form acceptable to the city; or (6) A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. DATA CONVERSION FEE. The fee covering the city's cost of converting each submission of data required by this Article IV into the city's electronic format, which shall apply separately to each set of data required, including without limitation the permit application, scaled drawings and mapping data. DEGRADATION. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. DEGRADATION COST. Subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in Plates 1 to 13 (located in Appendix A), set forth in Minnesota Rules parts 7819.9900 to 7819.9950. DEGRADATION FEE. The fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. DELAYPENALTY. The penalty imposed as a result of unreasonable delays in the permitted work within the right-of-way including construction, excavation, obstruction, patching or restoration as established by a permit. DIRECTOR. The City's Director of Public Works or designee. DISCONTINUED FACILITY. (1)A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service; or(2) a facility that is deemed discontinued by the right-of- way user. EMERGENCY. A condition that: (1)poses a clear and immediate danger to life or health, or of a significant loss of property; or(2) requires immediate repair or replacement in order to restoreservice to a customer. EMERGENCY HOLE. Excavation of a hole necessitated by a condition creating a clear and immediate threat to life,health, safety or property or requiring immediate repair or replacement in order to restoreservice to a customer. EQUIPMENT. Any tangible asset used to install,repair or maintain facilities in any right-of-way. EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. EXCAVATION PERMIT. A permit which must be obtained before a person may excavate in a right-of-way. An EXCAVATION PERMIT allows the holder to excavate in that part of the right-of-way described in the permit. FACILITY or FACILITIES. Any tangible asset in the right-of-way required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by M.S. § 161.45, as it may be amended from time to time, governing utility facility placement in state trunk highways. HIGH DENSITY CORRIDOR. A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. HOLE. An excavation in the right-of-way having a length that is equal to or less than the width pavement or adjacent pavement of the right-of-way for the section of the roadway where the work is occurring OBSTRUCT. To place any tangible object upon a public right-of-way so as to hinder free and open passage over that or any part of the right-of-way for an aggregate period of eight hours or more in conjunction with the issuance of a right-of-way permit. OBSTRUCTION PERMIT. A permit which must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way by placing equipment described therein on the right-of-way for the duration specified in the permit including a blanket permit for a period of time and for types of work specified by the Director. PATCH or PATCHING. A method of pavement replacement that is temporary in nature. A PATCH consists of: (1)the compaction of the subbase and aggregate base; and (2)the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A PATCH is considered full restoration only when the pavement is included in the city's five year project plan. PAVEMENT. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with paver blocks,bituminous, concrete, aggregate or gravel. PERMIT HOLDER. Any person to whom a permit to excavate or obstruct a right-of- way has been granted by the city under this Article IV. PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Examples include: (1) A business or commercial enterprise organized as any type or combination of corporation, limited liability company,partnership, limited liability partnership, proprietorship, association, cooperative,joint venture, carrier or utility and any successor or assignee of any of them; (2) A social or charitable organization; and (3) Any type or combination of political subdivision, which includes the executive, judicial or legislative branch of the state, a local government unit or a combination of any of them. POTHOLING. Excavating the area above an underground facility to determine the precise location of the underground facility without damage to it,before excavating within two feet of the marked location of the underground facility, as required in M.S. Chapter 216D, as it may be amended from time to time. PUBLIC RIGHT-OF-WAY. The area on,below or above a public roadway,highway, street, cartway,bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. REGISTRANT. Any person required to register pursuant to § 17.66 of this Article IV: (1) Who has or seeks to have its facilities or equipment located in any right-of-way; or (2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. RESTORE or RESTORATION. The process by which the right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. RESTORATION COST. The amount of money paid to the city by a permit holder to achieve the level of restoration according to city Plates 1 to 13 (located in Appendix A), which are attached hereto and incorporated herein. RIGHT-OF-WAY PERMIT. An excavation permit, obstruction permit or a utility permit, or any combination thereof, depending on the context required by this Article IV. RIGHT-OF-WAY PERMIT PROCESSING FEE. The portion of the right-of-way permit fee covering the city's cost of processing the permit application that is not subject to refund upon withdrawal of the application. RIGHT-OF-WAY USER. (1)A telecommunications right-of-way user as defined by M.S. § 237.162, subd. 4, as it may be amended from time to time; or(2) a person owning or controlling a facility in the public right-of-waythat is used or is intended to be used for providing utility service, and who has a right under the law, franchise or ordinance to use the public right-of-way. SERVICE or UTILITY SERVICE. Includes,but is not limited to: (1) those services provided by a public utility as defined in M.S. § 216B.02, subds. 4 and 6, as it may be amended from time to time; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3)natural gas or electric energy or telecommunications services provided by a governmental unit; (4)pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light,heat, cooling energy or power services; (5)the services provided by a corporation organized for the purposes set forth in M.S. § 301B.01, as it may be amended from time to time; (6) the services provided by a district heating or cooling system; and (7) cable communication systems as defined in M.S. Chapter 238, as it may be amended from time to time. SERVICE LATERAL. An underground facility that is used to transmit, distribute or furnish gas, electricity, communications or water from a common source to an end-use customer. A SERVICE LATERAL is also an underground facility that is used in the removal of wastewater from a customer's premises. SUPPLEMENTARY APPLICATION. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. TELECOMMUNICATION RIGHT-OF-WAY USER. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Article IV, a cable communication system defined and regulated under M.S. Chapter 238, as it maybe amended from time to time, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in M.S. § 216B.02, as it may be amended from time to time, a municipality, a municipal gas or power agency organized under M.S. Chapters 453 and 453A, as they may be amended from time to time, or a cooperative electric association organized under M.S. Chapter 308A, as it may be amended from time to time, are not TELECOMMUNICATIONS RIGHT-OF-WAY USERS. TEMPORARY SURFACE. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. TRENCH. An excavation having a length that is in excess of the width of the right-of- way for the sections of roadway where the work is occurring, including a directional bore. WIRELESS TELECOMMUNICATION FACILITY. A tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables and attachments. (Ord. 98-54,passed 11-16-1998; Ord. 2001-20,passed 6-18-2001; Ord. 2006-32, passed 7-24-2006; Ord. 2008-1, passed 1-14-2008) § 17.66 REGISTRATION. § 17.67 REPORTING OBLIGATIONS. § 17.68 PERMIT REQUIRED. (a) Permit required. Except as otherwise provided in this code, no registrant may obstruct or excavate any right-of-way without first having been issued the appropriate right-of-way permit pursuant to this section and conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. (1) Excavation permit. An excavation permit is required by the registrant to excavate that part of the right-of-way described in each permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities therein, to the extent and for the duration specified in the permit. (2) Obstruction/aerial/interduct permit. An obstruction/aerial/interduct permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein within the right-of-way, to the extent and for the duration specified in the permit. An obstruction/aerial/interduct permit is not required if a registrant has been issued a valid excavation permit for the same project. (3) Pole attachment permit. A pole attachment permit is required by the registrant in order to attach a wireless telecommunication facility to an existing public utility structure in the public right-of-way. A pole attachment permit is not required if a registrant has been issued a valid excavation permit for the same project. (b) Permit reprocessing fee. No registrant may excavate or obstruct the right-of-way beyond the date or dates specified in the permit or do any work outside the area specified in the permit unless: (1)the registrant makes a supplementary application for an extension of the permit or a new permit before expiration of the initial permit,pays the applicable permit fee as set forth in Chapter 14 of this code; and(2) is granted a new permit or an extension of the initial permit by the Director. Verbal extensions of the initial permit may be granted by the Director for a period of no greater than 48 hours or for emergencies without additional fee. (c) Diligence in performance work; delay penalty. Work shall progress in an expeditious manner as permitted by weather conditions until completion in order to avoid unnecessary inconvenience to the public. If the work is not done in an expeditious manner, the city may, after 72-hour notice to the permit holder, fill the excavation or repair the street. The permit holder upon demand made by the city shall pay the entire cost of such work. In accordance with Minnesota Rules 7819.1000, subpart 3, and notwithstanding subsection(b) above, the city shall establish and impose a delay penalty where excavating or obstruction work in the right-of-way is not completed within the time specified in the permit and no supplementary application has been made for a permit extension or a new permit prior to the expiration date of the permit where the delays in right-of-way excavation, obstruction,patching or restoration are unreasonable. The delay penalty shall be established from time to time by City Council resolution. A delay penalty will not be imposed for delays due to force majeure, including inclement weather, civil strife, acts of God or other circumstances beyond the control of the applicant. (d) Application and fee. An application for a right-of-way permit shall be made on forms provided by the city and shall be accompanied by the fees set forth in Chapter 14 of this code and which are established to reimburse the city for city costs. A person who pays a franchise fee to the city in accordance with a franchise agreement shall be exempt from the payment of permit fees. All applications must be in the name of the registrant. No joint applications will be accepted. If the work is to be performed by an agent, contractor or subcontractor on behalf of the registrant, such application shall be signed by the registrant. The application shall also be accompanied by the following: (1) Scaled drawings showing the location of all facilities and improvements proposed by the applicant. The applicant will be requested to submit in English measurement two paper copies at 50 scale plans and one copy in Auto CAD format (Hennepin County Coordinate system) with X, Y, Z dimensions to one foot accuracy electronic plan. The plans must be dimensional and show existing utilities, curb and gutter, sidewalks,bikeways, signal poles, driveways,boxes and structures. If the applicant chooses to submit this data in a different format, it shall be responsible for the additional payment of the data conversion fee set forth in § 14.03 of this city code; (2) A description of the methods that will be used for installation; (3) A proposed schedule for all work; (4) The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work; (5) A description of methods for restoring any public improvements disrupted by the work; and (6) Any other information reasonably required by the city. (e) Security. A performance bond, letter of credit or cash deposit in an amount determined by the Director shall be required from each applicant. The Director shall have the right to determine the form of security that must be filed. The applicant, at its option, may post security sufficient to cover all projects contemplated for a one-year period. Any performance bond or letter of credit must be approved by the City Attorney as to form. Security required pursuant to this subsection(e) shall be conditioned that the holder will perform the work in accordance with this Article IV and applicable regulations, will pay to the city any costs incurred by the city in performing work pursuant to this Article IV, and will indemnify and save the city and its officers, agents and employees harmless against any and all claims,judgment or other costs arising from any excavation and other work covered by the right-of-way permit or by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence or willful actions of the permit holder. The bond, letter of credit or cash deposit shall be released by the city upon completion of the work and compliance with all conditions imposed by the right-of-way permit, specifically including full compliance with § 17.79 of this city code. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of not less than 24 months to guaranty adequacy of all restoration work. (f) Permit issuances; conditions. The Director shall grant a right-of-way permit upon finding the work will comply with the requirements of this Article IV. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to ensure completion of restoration of the right-of- way within a specified period,to protect the property and safety of other users of the right-of-way and to minimize the disruption and inconvenience to the traveling public. No right-of-way permit shall be issued to any person who has failed to register pursuant to § 17.66 of this Article IV. (g) Exceptions. No permit shall be required for the following: (1) Surface landscaping work; (2) Driveways, sidewalks, curb and gutter, and parking lots, street furnishings,bus stop benches, shelters, posts and pillars; (3) Snow removal activities; (4) Irrigation systems provided that the system does not connect directly to water mains in the right-of-way; (5) Activities of the city except sanitary sewer and water utilities; and (6) Routine obstruction of the right-of-way for less than eight hours in total duration, including, without limitation, switching, fuse replacement, transformer replacement, line guard placement, leak surveys, anode installations and inspections. (Ord. 98-54,passed 11-16-1998; Ord. 2001-20,passed 6-18-2001; Ord. 2006-32,passed 7-24-2006) § 17.69 TIMELINESS OF WORK/SUPPLEMENTARY NOTIFICATION. The work to be done under the right-of-way permit and the patching and restoration of the right-of-way as required herein,must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permit holder or when work was prohibited as unseasonal or unreasonable. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, the permit holder must notify the city by a supplementary application of the accurate information as soon as the permit holder knows this information. (Ord. 98-54,passed 11-16-1998; Ord. 2006-32,passed 7-24-2006) § 17.70 STANDARDS FOR CONSTRUCTION OR INSTALLATION. (a) General standards. The excavation,backfilling, patching and restoration and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Rules, including without limitation Rules 7819.1100, 7819.500 and 7819.5100, as well as all of the requirements of this city code and its other conditions and requirements in so far as they are not inconsistent with M.S. §§ 237.162 through 237.163, as they may be amended from time to time. Installation of service laterals must be performed in accordance with Minnesota Rules Chapter 7560 and this city code. The permit holder shall comply with the following standards when performing the work authorized under the permit: (1) Take such precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules and regulations of the state and city; (2) Conduct the operations and perform the work in a manner as to ensure the least obstruction to and interference with traffic; (3) Take adequate precautions to ensure the safety of the general public and those who require access to abutting property; (4) Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties; (5) Comply with the Uniform Traffic Manual for Traffic Control at all times during construction or installation; (6) Exercise precaution at all times for the protection of persons, including employees and property; (7) Protect and identify excavations and work operations with barricade flags and, if required,by flaggers in the daytime and by warning lights at night; (8) Provide proper trench protection as required by OSHA when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation; (9) Protect the root growth of trees and shrubbery; (10) If possible,provide for space in the installation area for other telecommunication right-of-way users and companies which install facilities in public rights-of-way; (11) Maintain access to all properties and cross streets as possible during construction and installation and maintain emergency vehicle access at all times; (12) Maintain alignment and grade unless otherwise authorized by the city. Changes not approved by the city will require removal and reconstruction; (13) During plowing or trenching of facilities, a warning tape must also be placed at a depth of 12 inches above copper cables with over 200 pairs and above fiber facilities; (14) Below concrete or bituminous paved road surfaces, directional bore facilities must be installed in conduit of a type determined by the permit holder ; (15) The placing of all telecommunications facilities must comply with the National Electric Safety Code, as incorporated by reference in M.S. § 326B.35, as it may be amended from time to time; (16) Locate property lines near right-of-way lines and replace any destroyed property corners. A Minnesota licensed surveyor must be used; (17) Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the city; (18) Excavating,trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage; (19) All backfilling must be placed in six-inch layers at optimum moisture and compacted with the objective of attaining 95%of Standard Proctor. Compaction shall be accomplished with hand,pneumatic or vibrating compactors as appropriate; (20) Backfill material shall be subject to the approval of the Director . The Director may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the Director ; (21) Compacted backfill shall be brought to bottom of the gravel of the approved street section; (22) All work performed in the right-of-way shall be done in conformance with city Plates 1 to 13 (located in Appendix A),unless a less stringent standard is approved by the Director ; (23) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit; (24) No lugs damaging to roadway surfaces may be used; (25) Dirt or debris must be periodically removed during construction; and (26) Other reasonable standards and requirements of the Director . (b) Standards for installation of underground utilities. The permit holder shall comply with the following standards when installing facilities underground. (1) Underground facilities must be placed as far off the roadway as possible to provide access from outside of the paved area. (2) Buried fiber facilities shall be at a minimum depth of three feet and a maximum depth of four feet unless an alternate location is approved in advance by the Director. Buried copper facilities below concrete or bituminous paved road surfaces must be placed at no less than three feet but no more than four feet deep. Other buried copper facilities must be placed at a minimum depth of 30 inches and a maximum depth of four feet. (3) Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the Director . (4) If construction is open cut, the permit holder must install the visual tracers within 12 inches and over buried facilities. If other construction methods are used, substitute location methods will be considered. (5) The permit holder shall register with Gopher State One Call and comply with the requirements of that system. (6) Compaction in trench shall be 95%of Standard Proctor and copies of test results will be submitted to the Director . Tests will be required at the discretion of the Director . Tests must be conducted by an independent testing firm at locations approved by the Director . Recompaction and new tests will be required if densities are not met. (7) The facilities shall be located so as to avoid traffic signals and signs which are generally placed a minimum of four feet behind the curb. (8) When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the city,the permit holder shall excavate an observation hole over the utility to ensure that the city utility is not damaged. (9) All junction boxes or access points shall be located no closer than ten feet from city hydrants,valves,manholes, lift stations or catch basins unless an alternate location is approved by the city. (10) Underground facilities shall not be installed between a hydrant and an auxiliary valve. (11) Underground facilities shall not be installed within five feet of hydrants,valves, lift stations or manholes in areas where utility easements exist beyond the right-of-way. In those areas in which no utility easement exists,placement of an underground facility shall be between the edge of pavement and no closer than three feet to an existing city utility appurtenance unless an alternate location is approved by the city. (12) Buried telecommunication facilities must have a locating wire or conductive shield, except for di-electric cables. (13) Buried fiber facilities must be placed in a conduit of a type determined by the right-of-way user unless the permit holder obtains a waiver from the city. (c) Standards for installation of overhead facilities. The permit holder shall comply with the following standards when installing facilities overhead: (1) All wires must be a minimum of 18 feet above ground and at a location that does not interfere with traffic signals, overhead signs or street lights. (d) Standards for wireless telecommunication facilities. (1) Purpose. The city desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the city strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the city also strives to avoid unnecessary encumbrances within the public right-of-way. The city allows and regulates wireless telecommunication facilities outside of the public right-of-way through performance standards and height limits. The purpose of this section is to regulate wireless telecommunication facilities within the public right- of-way in a manner that balances desire for service with aesthetic,public safety and right- of-way flexibility concerns. Public rights-of-way are appropriate locations for wireless telecommunication facilities that present minimal impacts (i.e., small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground mounted equipment). Wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public right-of-way and that require ground mounted equipment are more appropriately sited outside the public right-of-way in accordance with adopted performance standards (§ 19.63.05 of this code). However, the city recognizes that as wireless technology advances, some residential areas of the city may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In such areas, where no alternative non-right-of-way locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public right-of-way subject to the requirements of this section which are meant to protect the public health, safety and welfare. (2) Wireless telecommunication facilities as pole attachments.Wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the right-of-way after issuance of a pole attachment permit. (A) The wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility. (B) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50%. (C) The wireless telecommunication facility shall not be larger than three cubic feet and shall have no individual surface larger than four square feet. (D) The wireless telecommunication facility shall not extend outward from the existing pole or tower or arm thereof by more than two and one-half feet, except that an antenna one-half inch in diameter or less may extend an additional six inches. (E) The wireless telecommunication facility shall include no ground mounted equipment within the planned widened rights-of-way. (F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of§ 19.63.05 of this code. (G) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this Article IV. (H) The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. (3) Wireless telecommunication facilities as pole extensions or with ground mounted equipment.Wireless telecommunication facilities that require increased public utility structure height or that have ground mounted equipment may be erected in the public right-of-way only when in compliance with the following provisions and after issuance of a pole attachment permit or excavation permit. (A) The applicant shall demonstrate to the satisfaction of the Planning Manager or designee that the wireless telecommunication facility cannot be placed in a code complying location outside the right-of-way within one-quarter mile of the proposed location. (B) The replacement public utility structure, including lightening rods and all other attachments, shall not exceed the height of the existing public utility structure by more than 15 feet. Once the height of a public utility structure has been increased under the provisions of this section, the height shall not be further increased. (C) The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50%. (D) The wireless telecommunication facility shall not extend outward from the public utility structure by more than two feet. (E) If feasible and desirable, as determined by the Planning Manager or designee, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color. (F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of§ 19.63.05 of this code. (G) A pole attachment or excavation permit for a wireless telecommunication facility that has ground mounted equipment will be issued only if the issuing authority finds the following: (i) The ground mounted equipment will not disrupt traffic or pedestrian circulation; (ii) The ground mounted equipment will not create a safety hazard; (iii) The location of the ground mounted equipment minimizes impacts on adjacent property; and (iv) The ground mounted equipment will not adversely impact the health, safety or welfare of the community. (H) Ground mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards: (i) Be set back a minimum of ten feet from the planned widened rights-of-way; (ii) Be separated from a sidewalk by a minimum of three feet; (iii) Be set back a minimum of 50 feet from the nearest intersecting right-of-way line; (iv) Be separated from the nearest ground mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground; (v) If located adjacent to residential uses, ground mounted equipment shall be limited to three feet in height above grade and 27 cubic feet in cumulative size; (vi) If located adjacent to nonresidential uses, ground mounted equipment shall be limited to five feet in height above grade and 81 cubic feet in cumulative size; (vii) Ground mounted equipment located outside the planned widened public right-of-way shall conform with the requirements of§ 19.63.05(j) of this code; and (viii) Vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the Planning Manager or designee. (I) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this Article IV. (4) New poles. The erection in the right-of-way of a new pole to support wireless telecommunication facilities is not allowed, except as a replacement of an existing public utility structure subject to the requirements of this section. (5) Charges. In addition to the permit fees outlined in Chapter 14, the city reserves the right to charge telecommunication providers for their use of the public right-of-way to the extent that such charges are allowed under state law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public right-of-way. (Ord. 98-54,passed 11-16-1998; Ord. 2001-20,passed 6-18-2001; Ord. 2006-32,passed 7-24-2006) § 17.71 PATCHING AND RESTORATION OF RIGHT-OF-WAY. § 17.72 RESERVED. § 17.73 OTHER OBLIGATIONS. § 17.74 DENIAL OF PERMIT. The Director may deny a permit based on any of the following grounds: (a) Failure to register pursuant to § 17.66 of this code; (b) The applicant is subject to revocation of a prior permit issued pursuant to this Article IV: (c) The proposed schedule for work would conflict or interfere with an exhibition, celebration, festival or any other similar event; (d) The proposed schedule conflicts with scheduled or total orp artial reconstruction of the right-of-way; (e) The applicant fails to comply with the requirements of this Article IV or other provisions of this code; (1) The proposed excavation within a street or sidewalk surface has been constructed or reconstructed within the preceding five years, unless the Director determines that no other locations are feasible or that an emergency exists necessitating the excavation; (g) The Director determines that the right-of-way would become unduly congested with the installation of the proposed facilities and equipment associated therewith; (h) Adjacent or nearby business or residential uses would be unreasonably disrupted; and (i) The Director determines that denial is necessary to protect the health, safety and welfare of the public or protect the right-of-way and its current use. (Ord. 98-54, passed 11-16-1998; Ord. 2006-32,passed 7-24-2006) § 17.75 EMERGENCIES AND WORK DONE WITHOUT A PERMIT. Each registrant shall immediately notify the Director, in addition to Gopher State One- Call, of any event regarding its facilities which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. If the registrant has not been issued the required permit, within two business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the permit fees and fulfill the remaining requirements necessary to bring itself into compliance with this Article IV for the actions it took in response to the emergency. If the Director becomes aware of an emergency regarding a registrant'sfacilities, the Director shall attempt to contact the local representative of each registrant affected, or potentially affected,by the emergency. The Directormay take whatever action deemed necessary to respond to the emergency,the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and as a penalty pay double the normal fee for the permit and shall deposit with the Director the fees requested to correct any damage to the right-of-way and to comply with all of the requirements of this Article IV. (Ord. 98-54,passed 11-16-1998; Ord. 2006-32, passed 7-24-2006) § 17.76 INSPECTION. (a) Site inspection. The permit holder shall make the work site available to the Director and to all others authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (b) Authority of Director. (1) At the time of inspection, the Director may order the immediate cessation of any work which poses a serious threat to the life,health, safety or well-being of the public. (2) The Director may issue an order to the permit holder for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state that failure to correct the violation within a stated deadline will be cause for revocation of the permit. If the violation is not corrected within the stated deadline, the Director may revoke the permit. If the work failure constitutes a substantial breach of the terms and conditions of state law, city code, rule or regulation or any material condition of the permit, the order shall state that failure to correct the violation and provide proof thereof within the period of time specified by theDirector will result in revocation of the permit. (Ord. 98-54, passed 11-16-1998; Ord. 2006-32,passed 7-24-2006) § 17.77 REVOCATION OF PERMITS. (a) Substantial breach. The Director or designee may revoke a right-of-way permit, without a fee refund, if there is a substantial breach of the terms or conditions of any statute, this code,rule or regulation, or any condition of the permit. A substantial breach of a permit holder shall include,but not limited to, the following: (1) The violation of any material provision of the permit; (2) Any material misrepresentation of fact in the application for a permit; (3) The failure to maintain the required bonds or other security and insurance; (4) The failure to complete the work in a timely manner; (5) The failure to correct, in a timely manner, work that does not conform to applicable standards, conditions or codes,upon inspection and notification by the city of the faulty condition; (6) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; and (7) The failure to comply with the terms and conditions of any applicable federal, state and local laws, rules and regulations, including any provision of this Article IV. (b) Notice of breach. If the Director or designee determines that a permit holder has committed a substantial breach of a term or condition of any statute, this code,rule or regulation or any condition of the permit, the Directorshall make a written demand upon the permit holder to remedy such violation and provide proof thereof within the period of time specified or be subject to potential revocation of the permit. The Director may impose additional or revised conditions on the permit to mitigate or remedy the breach. (c) Reimbursement of city costs. If a permit is revoked,the permit holder shall reimburse the city for its reasonable costs, including restoration costs and the costs of collection and reasonable attorney fees incurred in connection with the revocation. (Ord. 98-54,passed 11-16-1998; Ord. 2006-32,passed 7-24-2006) § 17.78 APPEAL. (a) Filing of appeal. Any person aggrieved by: (i) the denial of a permit application; (ii)the denial of a registration; (iii)the revocation of a permit; (iv)the application of the fee schedule imposed by Chapter 14 of this code; or(v) disputes a determination of the Director regarding the method of providing accurate information about the location of service laterals installed on the property pursuant to § 17.79 of this city code, may appeal to the City Council by filing a written notice of appeal with the City Clerk. Said notice must be filed within 20 days of the action causing the appeal. (b) Notice of hearing. The City Council shall hear the appeal at its next regularly scheduled meeting, unless the time is extended by agreement of the parties. Notice of the date, time,place and purpose of the hearing shall be mailed to the appellant. (c) Hearing and decision. The City Council shall, at the hearing, consider any evidence offered by the appellant, the Director and any other person wishing to be heard. The Council shall issue a written decision within 30 days of the completion of the hearing supported by written findings. (Ord. 98-54,passed 11-16-1998; Ord. 2006-32, passed 7-24-2006) § 17.79 MAPPING DATA. 003 City of Bloomington Pole Attachment ApplicationlPermit CITY OF BLOOMINGTON MINNESOTA APPLICANT APPLICANT PHONE(DIRECT) APPLICANT FAX APPLICANT EMAIL COMPANY NAME COMPANY PHONE COMPANY FAX BILLING ADDRESS CITY STATE ZIP GOPHER STATE ONE-CALL REGISTRATION NUMBER EMERGENCY CONTACT NUMBER LOCATION LIMITS (describe specific sites on page two,up to 15 sites/permit) DESCRIPTION OF WORK r CONSTRUCTION START DAYS OF CONSTRUCTION COMPLETION DATE ACKNOWLEDGMENT By signing this application,l(the appl canticompany)hereby acknowledge that I must adhere foAll provisions of City of Bloomington Ordinance Sec 17.70 and any other applicable ordinances,including statute 237.162 and 237 a addition to the terms and conditions which are attached to this document. The applicant applicait,ipall also comply with the regulations of al,e P tr governmental agencies for the protection of the public. SIGNATURE: 44 DATE: b 1/4 TITLE: .,tom" REQUIRED DOCUMENTS TO APPLY: ❑ Permit Fee ❑ Structural study ❑ (1)set of construction plans signed ❑ Radio frequency study by a P.E.and(1)electronic copy E Performance bond on file and proof ❑ Copy of permit from pole owner if owned by an agency other than of insurance the City of Bloomington(if applicable) ❑ Design plan/route for backhaul, signed by P.E. FOR OFFICE USE ONLY PERMIT FEE REC'D: I I CHECKS ONLY APP REC'D: PERMIT NUMBER: AMOUNT: SIGNATURE: PERMIT ISSUE DATE: TITLE: APPROVED I DENIED POLE ATTACHMENT PERMIT NOT VALID UNLESS SIGNED BY CITY OF BLOOMINGTON ENGINEERING STAFF SITE SUMMARY By statute,applicant may collocate up to 15 small wireless facilities if they are within a two mile radius, consist of substantially similar equipment,and are to be placed on similar types of wireless support structures. PERMIT FEE SITE DESCRIPTION ($1,500/UNIT) 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 TOTAL PERMIT FEE DUE FOR LOCATION $ POLE PERMIT TERMS AND CONDITIONS I. INSTALLATION OF EQUIPMENT A. Permits 1. Pole Permit: Prior to the approval of installation of equipment,APPLICANT shall submit to the City Engineer or designee,a sketch of the proposed location for the new equipment("Equipment Plan"). If upon preliminary review, the proposed location and Equipment Plan is deemed acceptable by the City Engineer or designee,the APPLICANT may make a Pole Permit Application. 2. The Pole Permit Application shall include the following: 1. Completed permit application and fee. 2. Performance bond on file and proof of insurance 3. Construction plans as described in paragraph B below 4. Structural study described in paragraph B below 5. Design plan and/or route for backhaul facilities,signed by a P.E. 6. Copy of permit from pole owner if owned by an agency other than the City of Bloomington(if applicable) 3. APPLICANT must obtain a radio frequency interference study carried out by an independent professional radio frequency engineer("RF Engineer")showing that APPLICANT's intended use will not interfere with any existing, licensed communications facilities,as well as CITY's licensed and unlicensed communications facilities,which are located on or near the structure. The RF Engineer shall provide said evaluation no later than forty-five(45)days after frequencies are provided by CITY. APPLICANT shall not transit or receive radio waves at the Premises until such evaluation has been satisfactorily completed. Upon Request of CITY,APPLICANT shall hire an RF Engineer to conduct a radiation survey of the Premises following APPLICANT's initial RF transmissions. APPLICANT shall be responsible for all costs of such survey. APPLICANT shall implement all measures at the transmission site required by FCC regulations,including but not limited to posting signs and markings. CITY shall cooperate with APPLICANT to fulfill its Radio Frequency exposure obligations. CITY agrees that in the event any future party causes the entire site to exceed FCC Radio Frequency radiation limits,as measured on the Premises,CITY shall hold such future party liable for all such later-arising non- compliance. 4. Other City Permits: In addition to the Pole permit,which is only approved to attach equipment to a Pole,the APPLICANT must apply for any additional permits for all appurtenant equipment or facilities required for the Pole Application. Said permits may include,but not necessarily by limited to: Right-of-Way obstruction/excavation; Electrical,Stormwater,etc. 5. Other Applicable Permits: It is the APPLICANT's responsibility to determine if permits are required by govemmental agencies and apply for those permits. 6. Applicable fees for all permits shall be borne by the APPLICANT and the APPLICANT shall be bound by the requirements of said permits. B. Construction Plans For Small Wireless Facilities Pole Permit application,or additions thereto,APPLICANT shall provide CITY's City Engineer or designee as set forth in Section I.a.,each with two(2)sets of construction plans("Construction Plans") consisting of the following: 1. CAD drawings showing the location and materials of all planned installations,including field verified existing utilities; 2. Structural Study as described in Section A.2 above; 3. Construction Specifications and Product Specifications for all planned installations; 4. Diagrams and Shop Drawings of proposed Antenna Facilities; 5. A complete and detailed inventory of all equipment and person property of APPLICANT actually placed on the Premises. CITY retains the right to survey the installed equipment. Construction Plans shall be easily readable and subject to prior written approval by the Construction Engineer,which shall not be withheld,conditioned or delayed without cause. No construction shall commence until permit is granted by the City Engineer or designee. Final Plans shall have affixed to them the signature of the APPLICANT's Engineer who shall be licensed in Minnesota pursuant Minnesota Rule 1800.4200 and Minnesota Statutes Chapter 326. C. Construction Inspection All construction activity shall be subject to inspection and approval by the CITY's representative(s). Inspection will be performed at project completion APPLICANT shall be solely responsible for all costs,in excess of those included in the permit fee,associated with said inspection and approval of construction work by CITY. D. Exposed Antenna Facilities All Antenna Facilities affixed to the Pole in the Right of Way which have exterior exposure,APPLICANT shall match the color of the pole. For exposed cables,wires,or appurtenances,the CITY shall require that cables,wires or appurtenances be placed in conduit which shall match the color of the pole. E. Damage by APPLICANT Any damage to the right of way,or CITY's equipment thereon caused by APPLICANT's permitted installation or operations shall be repaired or replaced at APPLICANT's expense and to CITY's reasonable satisfaction. F. As-Built Drawings("As-Built"or"As-Builts") Within thirty(30)days after APPLICANT activates the Antenna Facilities,APPLICANT shall provide CITY with an As- Built drawing in CAD format consisting of As-Built drawings of the Antenna Facilities installed on each permitted location and any improvements installed on the Premises,which shall show the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete inventory of all equipment and Antenna Facilities. II. MAINTENANCE AND REPAIR OF EQUIPMENT A. City owned Wireless Support Structure and ROW Maintenance CITY reserves the right to take any action it deems necessary,in its sole and reasonable discretion,to repair,maintain, alter,or improve the right of way in connection with CITY's Operations. The CITY retains the right to shut off power for the Antenna Facilities at the source in any and all cases of emergency. B. Wireless Support Structure Reconditioning and Repair 1. From time to time,CITY paints,reconditions,or otherwise improves or repairs the wireless support structure in a substantial way("Reconditioning Work"). APPLICANT shall cooperate with CITY to carry out Reconditioning Work activities in a manner that minimizes interference with APPLICANT's Approved Use. 2. Except in cases of emergency,prior to commencing Reconditioning Work,CITY shall provide APPLICANT with not less than thirty(30)days prior written notice thereof. Upon receiving such notice,it shall be the sole responsibility of APPLICANT to provide adequate measures to cover or otherwise protect APPLICANT's Antenna Facilities from the consequences of such activities,including but not limited to paint and debris fallout. CITY reserves the right to require APPLICANT to remove all Antenna Facilities from the Structure and right of way during Reconditioning work. 3. During CITY's Reconditioning Work,APPLICANT may request a mobile site on the right of way. If site will not accommodate mobile equipment,it shall be APPLICANT's responsibility to locate auxiliary sites. C. Relocation of Utility Pole or Wireless Support Structure When directed by the City a right-of-way user shall relocate all of its facilities within the rights-of-way per city code section 17.81.01 RELOCATION OF FACILITIES. 17.81.01 RELOCATION OF FACILITIES. (a) Rule. When directed by the city,a right-of-way user shall promptly and at his,her or its own expense,with due regard for seasonal working conditions,permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference,and not merely for the convenience of the city,in connection with:(1)a present or future city use of the right-of-way for a public project;(2)the public health or safety;or(3)the safety and convenience of travel over the right-of-way. The registrant shall restore any rights-of-way to the condition it was in prior to removal and relocation.Placement,location and relocation of facilities must comply with the Act,with other applicable law,and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100,to the extent the rules do not limit authority otherwise available to cities. (b) Relocation schedule notification procedure. The Director shall notify the registrant or permit holder at least three months in advance of the need to relocate existing facilities. The Director shall provide a second notification to the registrant or permit holder one month before the date by which the relocation must be completed. To the extent technically feasible,all utilities must be relocated within one month or in a time frame determined by the Director. (c) Delay to city project.If the owner fails to meet the relocation schedule due to circumstances within the utility's control,the city may charge the utility owner for all costs incurred by the city because the relocation is not completed in the scheduled timeframe. (d) Joint trenching.All facilities shall be placed in appropriate portions of right-of-way so as to cause minimum conflict with other underground facilities. When technically appropriate and no safety hazards are created,all utilities shall be installed,constructed or placed within the same trench.Notwithstanding the foregoing,gas and electric lines shall be placed in conformance with Minnesota Rules part 7819.5100,subd.2,governing safety standards. (e) Corridors. The city may assign a specific area within the right-of-way,or any particular segment thereof as may be necessary,for each type of facilities that are or,pursuant to current technology,the city expects will be located within the right-of-way.All excavation,obstruction or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.A typical crossing section of the location for utilities may be on file at the Director's office. This section is not intended to establish"high density corridors." Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city may remain at that location until the city requires facilities relocation to the corridor pursuant to relocation authority granted under Minnesota Rules part 7819.3100 or other applicable law. (t) Limitation of space. To protect the public health,safety and welfare or when necessary to protect the right-of- way and its current use,the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way.In making such decisions,the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way,but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service,the condition of the right-of-way,the time of year with respect to essential utilities,the protection of existing facilities in the right-of-way,and future city plans for public improvements and development projects which have been determined to be in the public interest. (Ord.2006-32,passed 7-24-2006) III. CONDITION OF WIRELESS SUPPORT STRUCTURE The CITY will keep and maintain the the wireless support structures in good repair as required for their Primary Use and in the ordinary course of business as its budget permits. CITY makes no guarantee as to the condition of any wireless support structures with regard to APPLICANT's intended use. APPLICANT shall,at its own cost and expense,maintain the Antenna Facilities in good and safe condition,and in compliance with applicable fire,health,building,and other life safety codes. The APPLICANT shall obtain from the CITY any and all permits required for the purposes of maintaining the installation. Applicable fees for any permits shall be bome by the APPLICANT and the APPLICANT shall be bound by the requirements of said permits. IV. INDEMNIFICATION APPLICANT shall,to the extent permitted by law,indemnify and hold CITY harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the APPLICANT,its employees,contractors or agents,except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of the CITY,or its employees,contractors or agents. V. INSURANCE A. Worker's Compensation: The APPLICANT must maintain Workers'Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than$500,000 Bodily Injury by disease,each employee. B. General Liability:The APPLICANT must maintain occurrence form commercial general liability coverage. 1. Such coverage shall include,but not be limited to,bodily injury,property damage—broad form,and personal injury, for the hazards of Premises/Operation,broad form contractual liability,property damage liability,and independent contractors. 2. The APPLICANT must maintain aforementioned commercial general liability coverage with limits of liability not less than$1,500,000 for each occurrence;$3,000,000 minimum general aggregate and$2,000,000 products and completed operations aggregate. These limits may be satisfied by the commercial general liability coverages. 3. APPLICANT will maintain Completed Operations coverage for a minimum of two(2)years after the construction is completed. C. Automobile Liability: The APPLICANT must carry Automobile Liability coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property Damage Liability in the amount of$1,500,000 per accident. The liability limits may be afforded under the Commercial Policy,or in combination with an Umbrella or Excess Liability Policy provided coverage of rides afforded by the Umbrella Excess Policy are not less than the underlying Commercial Auto Liability coverage. 1. Coverage shall be provided by Bodily Injury and Property Damage for the ownership,use,maintenance or operation of all owned,non-owned and hired automobiles. 2. The Commercial Automobile Policy shall include at least statutory personal injury protection,uninsured motorists and underinsured motorists coverages. D. APPLICANT Property Insurance: The APPLICANT must keep in force for the duration of the Permit a policy covering damages to its property in the right of way. The amount of coverage shall be sufficient to replace the damaged property,loss of use and comply with any ordinance or law requirements. E. Adjustment to Insurance Coverage Limits: The APPLICANT's coverage limits set forth herein shall be increased at the time of any Renewal Term by twenty-five percent(25%)over the preceding term or Renewal Term.Altematively, instead of such periodic coverage limit increases,during the entire term of this Agreement,APPLICANT may maintain an umbrella or excess liability insurance policy with a combined single limit of$5,000,000.00 per occurrence,and CITY will be named as an additional insured under such policy. F. Additional Insured—Certificate of Insurance: The APPLICANT shall provide,prior to tenancy,evidence of the required insurance in the form of a Certificate of Insurance issued by a company(rated B+(VIII)or better),licensed to do business in the State of Minnesota,which includes all coverage required in this Section 13. APPLICANT will list the CITY as an Additional Insured on the General Liability and Commercial Automobile Liability Policies. The Certificate(s)shall also provide the coverage may not be cancelled,non-renewed,or materially changed without thirty(30)days prior written notice to the CITY. G. Defense and Indemnification: APPLICANT agree to defend,indemnify,and hold harmless CITY and its elected officials,directors,officers,employees,agents,and representatives,from and against any and all claims,costs, losses,expenses,demands,actions,or causes of action,including reasonable attorneys'fees and other costs and expenses of litigation,which may be asserted against or incurred by CITY or for which CITY may be liable in the performance of this Agreement,except those which arise solely from negligence or willful misconduct of CITY,its elected officials,directors,officers,employees,agents,representatives or contractors. APPLICANT shall defend,indemnify,and hold CITY,its agents,employees and officials harmless against all claims arising out of APPLICANT's use of the right of way,including its installation,operation,use,maintenance,repair, removal,or presence of APPLICANT's facilities,structures,equipment or other types of improvements,including Antenna Facilities,in the right of way except to the extent arising from or related to the sole negligence or willful misconduct of CITY,its elected officials,officers,employees,agents,and representatives. VI. LIMITATION OF LIABILITY CITY shall not be liable to the APPLICANT,or any of its respective agents,representatives,employees for any lost revenue,lost profits,loss of technology,rights or services,incidental,punitive,indirect,special or consequential damages,loss of data,or interruption or loss of use of service,even if advised of the possibility of such damages, whether under theory of contract,tort(including negligence),strict liability or otherwise. VII. INTERFERENCE APPLICANT agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of CITY or other APPLICANTs of the Premises which existed on the Premises prior to the data this Agreement is executed by the Parties. In the event any after-installed APPLICANT's equipment causes such interference,and after CITY has notified APPLICANT in writing of such interference,APPLICANT will take all steps necessary to correct and eliminate the interference,including but not limited to,at CITY's option,having the APPLICANT power down its equipment and later power up its equipment for intermittent testing. VIII. REMOVAL AT END OF TERM OR UPON PERMIT REVOCATION APPLICANT shall,within ninety(90)days after any termination of this Permit,remove its equipment,conduits, fixtures and all personal property and restore the Premises to its original condition,reasonable wear and tear expected. CITY agrees and acknowledges that all of the equipment,conduits,fixtures and personal property of APPLICANT shall remain the personal property of APPLICANT and APPLICANT shall have the right to remove the same at any time during the Term. All poles,conduit and pole boxes are and shall remain property of the CITY. If such time for removal causes APPLICANT to remain on the Premises after termination,APPLICANT shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis until such time as the removal of the antenna structure,fixtures and all personal property are completed. All rentals paid prior to said termination date shall be retained by CITY. IX. CASUALTY In the event of damage or casualty to the wireless support structure that cannot reasonably be expected to be repaired or replaced due to winter frost conditions,or if the Pole is damaged so that such damage may reasonably be expected to disrupt APPLICANT's operations for more than 120 days,then APPLICANT may,provided CITY has not completed the restoration or replacement of the pole terminate the Permit upon fifteen(15)days prior written notice to CITY. ENCLOSURE 3 City of Oak Park Heights R r To: Planning Commission From: Julie Hultman, Planning&Code Enforcement Date: November 12,2017 Re: 2018 Meeting Calendar&Commission Liaison Schedule The proposed 2018 Planning Commission meeting calendar is attached. The calendar has been created to meet the schedule established by the Planning Commission Bylaws, scheduling its meeting the 2nd Thursday of the month. The commission representation schedule to City Council meetings has been left blank beneath the calendar for each month. Please select and assign months as the Commission prefers. Once the 2018 City Council meeting calendar has been approved,this calendar will be updated to note those meeting dates for your convenience. Action Requested: The Commission should: 1. Review the meeting calendar and move to approve it as presented or with amendment from the Commission. 2. Assign a Commissioner for representative to the City Council meeting following the regular Planning Commission meeting. > Note that City Council meetings are typically held the 2nd and 4th Tuesdays of each month at 6:00 p.m. 2018 FEBRUARY S M T W T F S 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 I 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 Commissioner Rep. Commissioner Rep. MARCH APRIL S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 Commissioner Rep. Commissioner Rep.Nelson 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 I 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 I 27 28 29 30 31 24 25 26 27 28 29 30 Commissioner Rep.Nelson Commissioner Rep. AUGUST S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 I 15 16 17 18 19 20 21 12 13 14 15 16 17 18 I I 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 31 Commissioner Rep. Commissioner Rep. SEPTEMBER OCTOBER S M T W T F S S M T W T F S 1 1 2 3 4 5 6 I 2 1 3 4 5 6 7 8 7 8 9 10 11 12 13 ( 9 10 11 12 13 14 15 14 15 16 17 18 19 20 I 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 I30 Commissioner Rep. Commissioner Rep. NOVEMBER DECEMBER S M T W T F S S M T W T F S 1 2 3 1 4 5 6 7 8 9 10 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 I I 18 19 20 21 22 23 24 16 17 18 19 20 21 22 I 25 26 27 28 29 30 23 24 25 26 27 28 29 Commissioner Rep. 30 31 Commissioner Rep. Schedule relflects meetings on the second Thursday of the month as per Planning Commission Bylaws. 10/12/17 Planning Commission Meeting TPC 3601 Thurston Avenue N, Suite 100 �� Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 04. TPCQPIanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: October 5, 2017 RE: Oak Park Heights — Comprehensive Plan 2018 TPC FILE: 226.10 At the October 12, 2017 meeting, the Planning Commission will discuss the following related to the Comprehensive Plan 2018: Community Survey The Community Survey was collected until August 25, 2017. Attached please find the final summary of the results. Introduction, Social Inventory, Issues identification, Mission Statement and Goals and Land Use Sections Please find attached the revised Introduction, Social Inventory, Issues Identification, Mission Statement and Goals, and Land Use section of the Comprehensive Plan. These sections have been updated with the comments from the Planning Commission and City Council members to date. Staff thought it was important to distribute these draft sections to assist the new Planning Commission members as they review the remaining Comprehensive Plan chapters. The Planning Commission should review and comment. Transportation Section Staff is currently working on the draft transportation section. The maps are almost complete and the text is being drafted. It is anticipated that this section will be completed prior to the October 12, 2017 meeting and emailed to the Planning Commission members. Paper copies will be available at the meeting. Pc: Julie Hultman FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q1 Are you a: Answered:96 Skipped:0 RESIDENT OF THE CITY A BUSINESS OWNER LOCATE... BOTH A RESIDENT AND... VISITOR II Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES RESIDENT OF THE CITY 86.46% 83 A BUSINESS OWNER LOCATED IN THE CITY 3.13% 3 BOTH A RESIDENT AND A BUSINESS OWNER 0.00% 0 VISITOR 5.21% 5 Other(please specify) 5.21% 5 TOTAL 96 # OTHER(PLEASE SPECIFY) DATE 1 Live in neighboring city 8/25/2017 8:32 AM 2 EMPLOYEE OFA BUSINESS 8/23/2017 2:11 PM 3 St.Croix Valley Resident 8/21/2017 8:39 AM 4 You 7/9/2017 10:37 AM 5 Resident of Stillwater 6/9/2017 3:18 PM 1 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q2 If you are Oak Park Heights City resident or business owner, how long have you lived or worked here? Answered:87 Skipped:9 Less than five years? six to ten■ years? more than 10 years? Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Less than five years? 32.18% 28 six to ten years? 12.64% 11 more than 10 years? 48.28% 42 Other(please specify) 6.90% 6 TOTAL 87 # OTHER(PLEASE SPECIFY) DATE 1 n/a 8/25/2017 8:33 AM 2 Lived throughout the valley for 20+years. 8/21/2017 8:40 AM 3 no response 7/6/2017 2:29 PM 4 did not answer 7/6/2017 2:15 PM 5 45 years 6/26/2017 10:56 AM 6 45 years 6/26/2017 10:13 AM 2 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q3 What is your age? Answered:87 Skipped:9 under18? I 18-24 I 25-34 35-45 45-54 55+ 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES under 18? 1.15% 1 18-24 1.15% 1 25-34 17.24% 15 35-45 28.74% 25 45-54 20.69% 18 55+ 31.03% 27 TOTAL 87 3 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q4 How many children live in your household (aged 18 or younger only)? Answered:87 Skipped:9 None 1 2 3 II 4 More than 4 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES None 43.68% 38 1 22.99% 20 2 26.44% 23 3 4.60% 4 4 2.30% 2 More than 4 0.00% 0 TOTAL 87 4 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q5 Are you a care provider for seniors in your home that are part of your family? Answered:86 Skipped:10 NO YES I 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES NO 98.84% 85 YES 1.16% 1 TOTAL 86 IF YES,PLEASE LIST HOW MANY SENIORS YOU ARE A CARE PROVIDER FOR DATE There are no responses. 5 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q6 From your point of view is Oak Park Heights a better place to live and work today than it was when you first moved or began to work here? Answered:84 Skipped:12 YES NO 111 UNSURE 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES YES 55.95% 47 NO 8.33% 7 UNSURE 35.71% 30 TOTAL 84 WHAT MIGHT MAKE YOU BELIEVE THE CITY IS BETTER OR WORSE THAN WHEN YOU DATE MOVED OR BEGAN TO WORK HERE? 1 OPH is embracing the changes that are going on within its community and those that surround it 8/21/2017 8:42 AM and are making upgrades and changes to continue to look forward. 2 Trails,variety of restaurants/businesses 8/10/2017 3:08 PM 3 better parks.diverse businesses.Good trail system. 8/2/2017 9:17 AM 4 Trail and park improvements,bridge addition 7/31/2017 8:27 PM 5 Too much development without fixing the roads and sidewalks.Way too much congestion. 7/31/2017 4:06 PM 6 I have had a positive view of living in OPH ever since we moved here in 2007. 7/28/2017 1:13 PM 7 No,change....still great. 7/28/2017 3:56 AM 8 Crime has increased 7/25/2017 1:17 PM 9 Frontage road intersections have gotten better on the Oak Park side of 36. 7/18/2017 12:18 PM 10 We just moved here on 7/11/17. 7/15/2017 2:44 PM 11 We've gone from a small town with no comprehensive plan to a city that takes planning seriously 7/15/2017 12:36 PM and has resulted in a very nice community in which to live. 12 Only lived here for four years,no noticeable change. 7/8/2017 1:29 PM 13 Better Parks and Trails 7/6/2017 4:19 PM 14 Everything 7/6/2017 3:56 PM 15 more opportunity 7/6/2017 3:54 PM 16 More Retail opportunities 7/6/2017 3:20 PM 17 cant answer 7/6/2017 2:29 PM 18 Quite place 7/6/2017 2:13 PM 19 did not answer 7/6/2017 2:07 PM 20 New construction and bridge.growth 7/6/2017 1:34 PM 21 Improvement on Bike trails/Parks 7/6/2017 1:26 PM 22 no answer 7/6/2017 1:24 PM 6 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey 23 just moved here 7/5/2017 9:46 AM 24 All the parks&great family activities 7/5/2017 9:33 AM 25 we like it here!!Only moved here at the end of January 2017 7/5/2017 9:28 AM 26 growth is positive+negative sometimes 7/5/2017 9:25 AM 27 growth+expansion-job opportunities+housing! 7/5/2017 9:16 AM 28 Property taxes are higher,the school we planned on sending our son to is being shutdown,city 6/28/2017 6:14 PM council approved a multi-million$city hall to improve their working conditions with tax$I earn working in a 5x8 cube and then assessed us thousands of$to fix roads that should have been fixed a decade ago.My wife has lived here get whole life and we're moving. 29 To much development without improving roads.Residents made to feel second class to 6/27/2017 1:43 PM developers. 30 How will the completion of the bridge impact daily life;traffic etc? 6/26/2017 10:44 AM 31 Seems the same 6/26/2017 10:41 AM 32 People seem engaged in community more than self-interest 6/26/2017 10:38 AM 33 Better Streets-Street Lights 6/26/2017 10:14 AM 34 Higher taxes,wasteful spending on City Hall Building and a Fire Station not even in our city limits, 6/16/2017 2:24 PM 35 The improvements made by Mayor McComber have made the city much more enjoyable: 6/10/2017 7:52 AM improvement to multi-use paths,parks,street crossings,etc 36 Schools. 6/9/2017 10:00 PM 37 I would say the area is becoming more populated and not always with ideal population. 6/9/2017 3:04 PM 38 More trails and parks.Also,increased recycling options. 6/8/2017 4:44 PM 7 /20 FINAL -2018 City Comprehensive Plan- SURVEY SurveyMonkey Q7 Using the DROP BOXES, Please list in order the top three things you like about Oak Park Heights (with #1 being the most important). Answered:86 Skipped:10 SELECT FROM DROP DOWN MENU 1st Mosta c Important 2nd Most Important MI I 3rd Most Important 111111111111118 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ■The St.Croix River ■Engaged residents City parks and trails Schools The people •Community events is Small town feel Retail businesses ',Restaurants II Location SELECT FROM DROP DOWN MENU THE ENGAGED CITY SCHOOLS THE COMMUNITY SMALL RETAIL RESTAURANTS LOCATION TOTAL ST. RESIDENTS PARKS PEOPLE EVENTS TOWN BUSINESSES CROIX AND FEEL RIVER TRAILS 1st Most 26.74% 0.00% 29.07% 8.14% 6.98% 3.49% 5.81% 4.65% 1.16% 13.95% Important 23 0 25 7 6 3 5 4 1 12 86 2nd Most 12.79% 3.49% 26.74% 6.98% 9.30% 5.81% 12.79% 10.47% 5.81% 5.81% Important 11 3 23 6 8 5 11 9 5 5 86 3rd Most 10.84% 2.41% 7.23% 6.02% 8.43% 3.61% 15.66% 6.02% 6.02% 33.73% Important 9 2 6 5 7 3 13 5 5 28 83 OTHER(PLEASE SPECIFY) DATE 1 Garbage pickup is awesome 7/28/2017 1:13 PM 2 Police/Garbage/community feel 7/28/2017 3:56 AM 3 small town feel,community events location 7/6/2017 4:02 PM 4 commnuit events and location were also check(nothing ranked) 7/6/2017 2:16 PM 5 Pretty much all we need+hardly any driving 7/5/2017 9:28 AM 8 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q8 In your opinion, what is the general condition of City streets? (CITY STREETS ONLY) Answered:84 Skipped:12 Condition of City Streets 0 1 2 3 4 5 6 7 8 9 10 POOR BELOW AVERAGE ABOVE EXCELLENT TOTAL WEIGHTED AVERAGE AVERAGE AVERAGE Condition of City 1.19% 7.14% 39.29% 42.86% 9.52% Streets 1 6 33 36 8 84 3.52 OTHER COMMENTS ARE WELCOME DATE 1 N/A 8/22/2017 4:32 AM 2 Landscape maintenance has been poor 7/31/2017 8:30 PM 3 Lookout Trail is horrible-every year it's patched but never FIXED!!!! 7/18/2017 12:18 PM 4 Are cul-de-sac needs to be repaved(Autumn Hills). 7/15/2017 2:45 PM 5 Please,please,please when you redo city streets please adjust sewer covers to AVOID 7/15/2017 12:40 PM depressions that cause cars to swerve to avoid them.58th Street from Stillwater Blvd to Menards is especially problematic.Other cities like Stillwater pave,then come back to adjust sewer covers to just below street grade(to avoid snow plow issues) but ours are like landmines to jolt cars and passengers inside.If there is ONE thing you can do to make this a more livable city....please get rid of these problem sewer covers,thank you. 6 no answer was given 7/6/2017 2:29 PM 7 intersection of 35&Washington 7/6/2017 2:08 PM 8 no prop.taxes-live in an apt. 7/5/2017 9:29 AM 9 They're great,only Drove over the same pot holes for over a decade 6/28/2017 6:22 PM 10 57th+58th sts 6/26/2017 10:48 AM 11 In the last few years,OPH has done much to improve general condition of city streets and trails. 6/19/2017 9:30 PM 12 MN roads take a beating but OPH is keeping up with maintenance,especially compared with other 6/8/2017 4:45 PM states. 9 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q9 Understanding that most of the funds for City Streets come from PROPERTY TAXES, are there any specific roads that you feel need to be improved? If so, please list them below: Answered:20 Skipped:76 # RESPONSES DATE 1 N/A 8/22/2017 4:32 AM 2 have no specific feelings. 8/21/2017 8:43 AM 3 It would be nice to see additional frontage roads added and stop lights removed from 36 making 8/9/2017 10:21 AM getting to and from businesses easier.Right now intersections like the ones at 36 and Norrell are deadly.Those businesses make plenty of money to pony up for some new streets without burdening all of us individual tax payers. 4 Stagecoach Tr needs a trail extension from frontage road to the trail by the prison.The traffic is 7/31/2017 8:30 PM very fast on that road and it is dangerous for runners and bikers 5 Frontage road between Norell and Oakgreen 7/31/2017 4:07 PM 6 58th St west of Old Hwy 5(by the new Kwik Trip)is in awful shape.There needs to be some extra 7/28/2017 1:15 PM paving done to accommodate traffic going eastbound here.There are gravel potholes that should be filled in ASAP in the meantime. 7 Yes,Lookout Trail 7/18/2017 12:18 PM 8 Newgate Circle. 7/15/2017 2:45 PM 9 58th Street-Adjust sewer cover depressions that cause cars to swerve and avoid them.Why the 7/15/2017 12:40 PM engineers placed these right where tires travel Ill never know-a great mystery but painful to experience on a daily basis. 10 Lookout Trail 7/6/2017 4:19 PM 11 Cty Rd 10 7/6/2017 4:12 PM 12 Look out rd.( --done?) 7/6/2017 3:57 PM 13 Oakgreen Ave 7/6/2017 3:21 PM 14 58th Street N. 7/6/2017 1:48 PM 15 Onramp to Stillwater Blvd. 7/6/2017 1:27 PM 16 Oakgreen ave. 7/6/2017 1:24 PM 17 Really?Paid a decade's worth of property taxes driving over the same pot holes only to be 6/28/2017 6:22 PM assessed thousands of$when they finally got fixed.NO,no more"improvements" 18 Frontage road 6/27/2017 1:43 PM 19 Oakgreen Ave between 58th St and Baytown town line(Northbrook Blvd).This area could also 6/10/2017 7:55 AM use street lights for safety. 20 All of them 6/9/2017 3:18 PM 10 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q10 In your opinion what is the general condition of City Parks and Trails Answered:86 Skipped:10 Condition of City Park an... 0 1 2 3 4 5 6 7 8 9 10 POOR BELOW AVERAGE ABOVE EXCELLENT TOTAL WEIGHTED AVERAGE AVERAGE AVERAGE Condition of City Park and 1.16% 2.33% 16.28% 56.98% 23.26% Trails 1 2 14 49 20 86 3.99 # OTHER COMMENTS ARE WELCOME DATE 1 N/A 8/22/2017 4:32 AM 2 Enjoy the parks and while some of them are old,they are certainly not neglected. 8/21/2017 8:43 AM 3 some of the paved trails are rough....58th st and the behind city hall 8/10/2017 3:10 PM 4 Stagecoach trail from frontage road to 58th needs a trail extension.There is a lot of bike and 7/31/2017 8:33 PM runner traffic and the cars come so fast around the corner and down that road it is very dangerous. It is also a route for some bike races and stagecoach is the only missing link in the trail. 5 Hard to see traffic when crossing roads.Even with signals it is hard to see and be seen.Need 7/31/2017 4:08 PM more trash cans for doggie bags. 6 The trail system is fantastic.I wouldn't mind a few more garbage cans in which to dispose of dog 7/28/2017 1:18 PM excrement.The SW quadrant of Oakgreen at the south frontage road would be a good spot,by Oak Park Senior Living,is one notable spot I wish had a garbage can. 7 Please really.Wish vandals did not burn the porta-potty at Autumn Ridge park.Miss it. 7/15/2017 12:41 PM 8 May have more opinions in a year!Haven't lived here long enough. 7/5/2017 9:30 AM 9 Could use more garbage cans for pet waste.Hard to see at some intersections. 6/27/2017 1:44 PM 10 I LOVE that Oak Park Heights residents are always in walking distance of a park!Plus,their are 6/19/2017 9:31 PM tons of amazing trails to walk or bike on!In addition,I love that some of the city parks(Autumn Hills,Brekke,Oak Park Crossing,formally Valley View)offer Art In The Park Programs as well as Family Fun Nights.However,I do wish that these would be expanded to now include Swager Park, Cover Park,and once again include Valley View for next summer.This is a way you could also bring more people to those parks. 11 Skating rinks need to be fixed up all boards need to be replaced concrete needs to be 6/9/2017 4:48 PM patched or replaced...maybe a refrigerated rink would allow the rinks to open earlier and close later in the season.Poor lawn care in parks and ball fields are in very poor shape and should be renovated.Trails look pretty good for the most part. 12 I regularly bike and walk along many trails in OPH and am very happy with the length and access 6/8/2017 4:46 PM and amenities. 11 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q11 How often do you or a family member visit a City Park or use a City Trail? Answered:82 Skipped:14 Never I On Occasion About once per week A few times per week I(we)use a . City or Park... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Never 3.66% 3 On Occasion 26.83% 22 About once per week 14.63% 12 A few times per week 37.80% 31 I(we)use a City or Park or Trail every day. 17.07% 14 TOTAL 82 12 / 20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q12 Understanding that most park improvements are funded through property taxes, are there any specific park or trail improvements that you would recommend? If so, please list them below. Answered:30 Skipped:66 RESPONSES DATE 1 splashpad,ball fields 8/23/2017 1:38 PM 2 N/A 8/22/2017 4:32 AM 3 Continue to maintain them to the excellent levels they are. 8/21/2017 8:44 AM 4 58th st trail,behind city hall 8/10/2017 3:11 PM 5 better connections across Osgood. 8/2/2017 9:18 AM 6 For safety reasons the trail needs to link from frontage road to 58th. 7/31/2017 8:35 PM 7 More visible crossings.Especially around high school. 7/31/2017 4:09 PM 8 Can we have a splash pad at oak crossing?!That would be an ideal place and so much fun for 7/29/2017 9:26 PM kids in the community 9 I will support any more that are built. 7/28/2017 1:18 PM 10 Parks and trails are great! 7/28/2017 3:58 AM 11 Happy really with what exists.Biggest request is to repave them before they become dilapidated. 7/15/2017 12:42 PM Hope there is money in the budget for this,as there is for replacing city streets. 12 Brekke Park 7/10/2017 5:02 PM 13 Would like to see some effort to control the buckthorn in Valley View Park(and any others that 7/8/2017 1:34 PM need it).Could possibly enlist volunteers headed by a master naturalist.Or arrange for some goats,they love buckthorn. 14 Crosswalk and stairs from Beach Rd across frontage Rd(south of 36)(Note:Beth used an older 7/6/2017 4:19 PM form-Staff coded in the visiting of times to the parks/trails based on her stated comments) 15 Boueltd Park 7/6/2017 3:58 PM 16 Trail behind city hall has many cracks 7/6/2017 3:21 PM 17 Brekke Park 7/6/2017 1:52 PM 18 SPLASH PAD!!! 7/6/2017 1:27 PM 19 A few more benches along the trails 7/5/2017 6:16 PM 20 N/A 7/5/2017 9:30 AM 21 NO.NO more improvements.How about doing nothing and decrease our taxes to offset the bond 6/28/2017 6:26 PM the school got under false pretenses(that means they lied) 22 Better visibility when crossing streets.Make traffic aware there is a crosswalk. 6/27/2017 1:45 PM 23 STREET LIGHTS NEEDED ON NEW 60TH ST CURVE 6/26/2017 10:15 AM 24 I LOVE that you are repairing Cover Park as it is much in need of a repair.Autumn Hills,Brekke, 6/19/2017 9:33 PM Oak Park Crossing,and Valley View are perfect the way they are.The one thing I would change about Swager Park is put in a new playground(to replace the Wooden Playground).I LOVE the climbing structure equiptment though,so I think that those should be kept. 25 question the value of putting new shelter in Cover Park 6/16/2017 2:32 PM 26 I am very satisfied with this 6/10/2017 7:56 AM 27 New and updated hockey rink for Brekke.Lights that actually work in the winter at Brekke...there's 6/9/2017 4:53 PM been issues with the hockey rink lights not fully working.A place to shoot hoops at night with lighting.Update all Park bathroom facilities at Brekke and Valley View. 28 Swager Park needs an updated playground!It's in almost dangerous disrepair.The 57th street 6/9/2017 4:32 PM entrance to the park needs maintenance. 29 All of them 6/9/2017 3:19 PM 30 I would love to see a groomed Cross Country Ski trails in the city. 6/8/2017 4:47 PM 13 / 20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q13 Rank the most important challenges that you see facing the City: Answered:73 Skipped:23 I Traffic congestion ■ Improving pedestrian a... Increase 111111111/11111 retail or ot..." ■ Maintain and enhancing... o- Improving mass 14 / 20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey transit(bus... ar; Tax rates ■ ■ Reducing crime and enhancin... MIN Quality development... Fa7Tir Capital investments... I 15 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Storm water and other... • ■ Utility rates 1 Protecting the St Croix Riv... Supporting affordable... ............ . ..................... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Least Important •Not Very Important Neutral(Not Important or Unimportant) w Somewhat Important `,, Most Important LEAST NOT VERY NEUTRAL(NOT SOMEWHAT MOST TOTAL IMPORTANT IMPORTANT IMPORTANT OR IMPORTANT IMPORTANT UNIMPORTANT) Traffic congestion 7.04% 11.27% 18.31% 45.07% 18.31% 5 8 13 32 13 71 Improving pedestrian and bicycle 10.14% 4.35% 27.54% 37.68% 20.29% access&safety 7 3 19 26 14 69 Increase retail or other types of 11.43% 15.71% 34.29% 37.14% 1.43% businesses 8 11 24 26 1 70 16 /20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Maintain and enhancing municipal 2.90% 7.25% 30.43% 31.88% 27.54% services(snow removal,permitting, 2 5 21 22 19 69 refuse collection) Improving mass transit(bus)service 25.71% 30.00% 24.29% 11.43% 8.57% 18 21 17 8 6 70 Tax rates 5.88% 2.94% 29.41% 29.41% 32.35% 4 2 20 20 22 68 Reducing crime and enhancing public 7.25% 10.14% 27.54% 33.33% 21.74% safety by adding investment in police 5 7 19 23 15 69 and fire services Quality development design and 11.94% 5.97% 26.87% 44.78% 10.45% construction 8 4 18 30 7 67 Capital investments in community 6.06% 10.61% 24.24% 37.88% 21.21% facilities,parks 4 7 16 25 14 66 Storm water and other capital 2.44% 4.88% 29.27% 46.34% 17.07% investments 1 2 12 19 7 41 Utility rates 2.99% 7.46% 29.85% 44.78% 14.93% 2 5 20 30 10 67 Protecting the St Croix River and 4.29% 4.29% 18.57% 35.71% 37.14% other bodies of water 3 3 13 25 26 70 Supporting affordable housing 19.40% 13.43% 19.40% 26.87% 20.90% 13 9 13 18 14 67 # OTHER COMMENTS ARE WELCOME DATE 1 Police protection is important,but Washington County most likely could provide a more affordable 8/10/2017 3:14 PM option.What about a merger with Bayport police? 2 Would like to see the city embrace the river and generate more ways for the city to enjoy it.water 8/2/2017 9:20 AM access,boat access,camping?parks on the water?fishing pier? 3 We live across the street from a house in which their oldest son almost openly deals drugs.The 7/28/2017 1:21 PM police help,but it hasn't stopped.The house is a rental.Is there a way to hold the house owner accountable for their renters? 4 Overall very pleased with how the city is run.Keeps me wanting to live here. 7/15/2017 12:44 PM 5 bus services for Elderly 7/6/2017 3:59 PM 6 *Better pedestrian crossings for Hwy 36*Pedestrian path on Norrell connecting to trail systems 7/5/2017 9:48 AM 7 Lower our sewer+water rates-ever increasing right now. 7/5/2017 9:18 AM 8 Affordable housing is important;the stock in OPH seems to more than adequately support 6/29/2017 9:47 PM affordable options.We have a nice balance with low/mod all the way through high income options. 9 Impact of New Bridge 6/26/2017 10:46 AM 10 Oak Park Heights is a wonderful city!I would love to see more improvements in bike 6/19/2017 9:35 PM access/saftey,city parks/park programs,improving transit(bus)service,and supporting affordable housing. 11 Get rid of that administrator 6/9/2017 3:20 PM 17 / 20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q14 Do you have any other input, ideas or thoughts you would like the Oak Park Heights' City Council to consider as it plans for the future? Answered:23 Skipped:73 RESPONSES DATE 1 Just one specific issue that I think should have been addressed long ago and that is the stoplight in 8/21/2017 8:50 AM front of the highschool(58th Street North and Neal).While I understand the need for the light to be timed/programmed accordingly for the beginning and end of the school day,I think that it should be programmed/timed to make traffic more efficient outside the school day,weekends,and summer.I thought they would change it with the road improvements last year at the high school, but was shocked when it was not. 2 Keep up the good work.Thank youl 8/2/2017 9:20 AM 3 Please consider extending the trail from frontage road to 58th.It is unsafe for pedestrians and 7/31/2017 8:41 PM bikers.the cars come so fast down that road and they have to come around a blind corner from frontage rd.Stagecoach has a lot of bike and pedestrian traffic including biking events.It is a saftey issue. 4 Stop developing every single empty lot. 7/31/2017 4:10 PM 5 Stagecoach Trail needs a sidewalk.It is dangerous to walk with our young children on that road. 7/29/2017 9:29 PM There are lots of pedestrians/bicyclists that use that road 6 This is a great place in which to live and work.Keep up the good work.If OPH passes 5,000 in 7/28/2017 1:22 PM population,I think it makes sense to hire an engineer/public works director and not contract it out. 7 As recent OPH residents We've been very happy with the community and hope that it can continue 7/28/2017 4:03 AM its path for many years to come.Only thing that is a little annoying is the attention/restrictions placed on the boulevard trees...I wish that the city would relax some of the restrictions in regards to maintaining/trimming them down or provide a cost effective arbor service to help shape them better. 8 Have a trail or steps that connect Paris and the trail on the south side of the frontage road by the 7/18/2017 12:20 PM bridge over 36 9 Do your best to make it a walkable community. 7/15/2017 2:47 PM 10 Washington Avenue/Norell Intersection at Highway 36.Add more turn lanes to go left and right to 7/15/2017 12:47 PM reduce the"road rage"I see at this intersection on a daily basis as frontage road drivers and cross-intersection travelers jockey for position before the light turns green.Know this is MNDot territory but would be great to have for staging purposes two left turn lanes,two right turn lanes,and two"travel across"lanes to alleviate this problem.Doable....I think 11 -frontage roads- 7/6/2017 4:07 PM 12 W12(NA?) 7/6/2017 2:39 PM 13 Splash Pad!We Need it Our kids need it!we would visit the Parks almost daily If we had one 7/6/2017 1:31 PM 14 I would like to see the city rename itself back to the original name of Oak Park.It is a more 6/29/2017 9:48 PM contemporary name and reflects our history. 15 OPH does not need any more improvements for a while,how about the city council takes a few 6/28/2017 6:41 PM years off of frivolous spending of tax$. 16 Do improvements to the 36 frontage roads where they intersect with Norrell Ave. 6/21/2017 9:41 AM 17 I think that you should bring the City Parks Programs to all of the parks in Summer 2018.Here's 6/19/2017 9:43 PM the schudele I think would work:June-1st week at Oak Park Crossing(Kickoff)2nd Week at Valley View Park 3rd Week at Brekke Park 4th Week at Autumn Hills Park*Family Fun Night at Autumn Hills Park July-1st week at Cover Park or Swager Park 2nd week at Oak Park Crossing or Valley View 3rd week at Brekke 4th Week at Autumn Hills*Family Fun Night:Brekke August-1st week at Cover/Swager(Other one not done in July)2nd week at CrossingNalley View(Other one not done in July)3rd week at Brekke 4th Week at Autumn Hills*Family Fun Night:Autumn Hills 18 No more multi-family dwellings, 6/16/2017 2:32 PM 19 Hopefully,we can have highway 36 raised with off ramps to Osgood,Oakgreen,and Washington 6/10/2017 7:58 AM Ayes,instead of what is currently there 20 Better traffic control around Walmart 6/9/2017 8:42 PM 21 Fix up the parks and skating rinks.How about irrigation for the parks so the grass isn't dead half 6/9/2017 4:57 PM the time. 22 Get rid of that administrator 6/9/2017 3:21 PM 23 Diversity of housing options is an important consideration in maintaining a healthy and strong city. 6/8/2017 4:48 PM 18/20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q15 Please provide your name and address so the City can the share with you the summary of the results of the survey: Answered:36 Skipped:60 # RESPONSES DATE 1 Steve Finnegan 5526 Oakgreen PI N 8/10/2017 3:15 PM 2 Samantha Stevens 5718 stagecoach Tr Oak park hrs.MN 55082 7/31/2017 8:42 PM 3 Nicole allenspach 5472 Stagecoach tr n Oph 55082 7/29/2017 9:29 PM 4 Mitch Bartelt 5663 O'Brien Ave N 7/28/2017 1:22 PM 5 Larry Felitto 5311 Ojibway Ave N 7/28/2017 4:03 AM 6 Adam Nelson 6216 Lookout Trail N Stillwater MN 55082 7/18/2017 12:20 PM 7 Graham Arntzen,5670 Newgate Circle N,Oak Park Heights,55082 7/15/2017 2:50 PM 8 Warren J.Wasescha 5675 Newberry Avenue N Stillwater MN 55082 wjwasescha@gmail.com 7/15/2017 12:47 PM 9 Edwin Andera 14935 57th St N Oak Park Heights,MN 55082 7/8/2017 1:38 PM 10 Beth Nelson 6216 Lookout Trail bethnelson3@gmail.com 439-0983 7/6/2017 4:20 PM 11 Amy Stolber shell.amy01@gmail.com 7/6/2017 4:13 PM 12 Denise Faltus 14230 N.55th St DLFALTUS@gmail.com 7/6/2017 4:03 PM 13 Don&Sandy Keller sandrak651@gmail.com 7/6/2017 3:21 PM 14 Senthil Kimax 6120 Oxboro Ave.N#114 651-206-7834 Senitou@gmail.com 7/6/2017 2:39 PM 15 Jitendra Dubey 6120 Oxboro Ave 848-234-0252 7/6/2017 2:14 PM 16 Anutag Saugablh(Spelling?)14824 58th street N#3 Oak Park Heights,MN 612-845-9370 7/6/2017 1:54 PM 23a&@outlook.com 17 Carrie Steinke 5521 Ozark Ave 651-795-1618 carrie_steinke@yahoo.com 7/5/2017 9:45 AM 18 Laura Mayaka 612-386-5096 laura55082@gmail.com 7/5/2017 9:37 AM 19 Lousasin(SP?)Zetterlund 651-275-5383 7/5/2017 9:31 AM 20 The city isn't going to share the results of the with all residents,just the ones that filled out the 6/28/2017 6:45 PM survey? 21 Del Kruse 6061 Paris Ave.#4c 6/26/2017 10:57 AM 22 Eric Anderson 5511 Oakgreen PL N.Oak Park Heights,MN 55082 651-246-0542 6/26/2017 10:46 AM 23 Ralph Solberg 5748 Norwich Circle 6/26/2017 10:40 AM 24 DELORES VIOJETIH DELLWOODY@YAHOO.COM 6/26/2017 10:18 AM 25 Clellan Davis 13891 56th St.N. 6/21/2017 9:42 AM 26 Amanda Bracklein 15051 63rd St N,Oak Park Heights,MN 55082 6/16/2017 3:16 PM 27 Joe McQuillan 5558 Novak Ave N Stillwater,Mn 55082 6/16/2017 2:33 PM 28 Jerry Sanford 5441 Ojibway Ave N 6/13/2017 7:29 PM 29 Steve Faltus 14230 55th St N 6/10/2017 7:59 AM 30 Jennifer Van Dyke 15298 Upper 61st St.N. 6/9/2017 10:02 PM 31 Tracy Rodd 13120 56th St.N 6/9/2017 9:34 PM 32 Don and Margaret Irwin 5645 Newell Circle No.Oak Park Heights,MN 55082 6/9/2017 7:53 PM 33 Greg Coleman 14428 Upper 56th St. 6/9/2017 4:58 PM 34 Kristin West 14315 56th ST N 6/9/2017 4:34 PM 35 Brad Kruse 14152 53rd St.N.Oak Park Heights,MN 55082 6/8/2017 4:48 PM 36 Wiedow 14175 54th St N 6/8/2017 2:22 PM 19 / 20 FINAL-2018 City Comprehensive Plan- SURVEY SurveyMonkey Q16 Thank you for Visiting Oak Park Heights, what City or Township do you reside in? Answered:6 Skipped:90 Baytown Township City of Stillwater City of Bayport West Lakeland Township Stillwater Township Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Baytown Township 0.00% 0 City of Stillwater 16.67% 1 City of Bayport 0.00% 0 West Lakeland Township 16.67% 1 Stillwater Township 0.00% 0 Other(please specify) 66.67% 4 TOTAL 6 # OTHER(PLEASE SPECIFY) DATE 1 no response 7/6/2017 4:00 PM 2 did not answer 7/6/2017 1:16 PM 3 not listed 7/5/2017 9:24 AM 4 no name or address given 6/26/2017 10:35 AM 20 / 20 ACKNOWLEDGEMENTS C NOWLEDGEMENTS The development of the Oak Park Heights Comprehensive Plan would not have been possible without the hard work and dedication of the Comprehensive Plan Update Committee. Their courtesy, cooperation, and contribution is greatly valued and appreciated. City Council: Mary McComber, Mayor Mike Liljegren Chuck Dougherty Mike Runk Mark Swenson Planning Commission: Jim Kremer, Chair David White Jennifer Bye Jennifer Giovinazzo Jennifer VanDyke Robin Anthony Timothy Freeman Parks Commission: Aaron Bye, Chair Anthony Weyer David Johnson Jimmy Norton Judith Chirhart Staff/Consultants: Eric Johnson, City Administrator Scott Richards, City Planner, TPC, Inc. Lee Mann, City Engineer, Stantec Comprehensive Plan 2018 City of Oak Park Heights TABLE OF CONTENTS Page Introduction and Community Background 1 Social Inventory 5 Issues Identification 13 Mission Statement, Values and Community Goals Land Use Physical Profile Goals and Policies Land Use Plan Transportation Physical Profile Goals and Policies Transportation Plan Community Facilities Physical Profile Goals and Policies Community Facilities Plan Administration ... Goals and Policies Administration Plan Parks and Trails Physical Profile Goals and Policies Parks and Trails Plan Neighborhood Planning Districts Planning District 1 Planning District 2 Planning District 3 Planning District 4 Planning District 5 Planning District 6 Comprehensive Plan 2018 City of Oak Park Heights TABLE OF CONTENTS Page Implementation Appendix A—Anticipated Capital Improvement Program Appendix B — Draft Proposed Parks and Trails Map List of Maps: Oak Park Heights Base Map Land Use Issues Map Transportation Issues Map Community Facilities Issues Map Parks and Trails Issues Map Natural Environmental Features Map Existing Land Use Map Zoning Map Future Annexation Plan Map Proposed Land Use Map Roadway Jurisdiction Map Functional Classification Map Traffic Volumes Map St. Croix River Crossing and Highway 36 Alternative Map Transit Map Transportation Plan Map Traffic Analysis Zones Map Community Facilities Map Existing Parks and Trails Map Washington County Park and Trail Map Planning Districts — Proposed Land Use Map Planning District 1 Map Planning District 2 Map Planning District 3 Map Planning District 4 Map Planning District 5 Map Planning District 6 Map Comprehensive Plan 2018 City of Oak Park Heights TABLE OF CONTENTS Page List of Tables: Population Growth 1990-2004 Oak Park Heights Household Information Oak Park Heights 1990 and 2000 Household Type Oak Park Heights Population Growth by Age Group 1990 and 2000 Occupations 2005 Washington County Employment 2000 Educational Attainment 1989 and 1999 Income Oak Park Heights 1989 and 1999 Household Income Existing Land Use 2007 Zoning Breakdown Summary of Zoning District Classifications and Requirements Household and Population Growth Population, Households and Employment Projections Functional Classification of Streets Minnesota Department of Transportation —Access Control Allocation of Forecasts to Traffic Analysis Zones School District Enrollment Existing Park Components Comprehensive Plan 2018 <yr r City of Oak Park Heights 9 INTRODUCTION AND COMMUNITY BACKGROUND The City of Oak Park Heights is in Washington County, Minnesota, on the banks of the lower St. Croix Scenic Riverway, which is the state border between Minnesota and Wisconsin. Situated between the Cities of Stillwater and Bayport and 20 miles east of the Minneapolis-St. Paul Metropolitan Area, the City's population has increased in the last 10 years to almost 5,000 persons. The City is bordered by the City of Stillwater to the north, the City of Bayport to the southeast, Baytown Township to the south and Lake Elmo/Stillwater Township to the west. The area was first platted in the late 1800s. Oak Park Heights was incorporated as a village in 1938 and became a City by State Statute in 1972. The City has been designated as Suburban by the Metropolitan Council, the regional planning agency in the area. As a component of the St. Croix Valley, Oak Park Heights offers an attractive quality of life with excellent educational, health care, and cultural facilities. Oak Park Heights is a very diversified community, being home to a large commercial/retail area with many national businesses and local enterprises, including the Highway 36 and County Highway 15 commercial areas, Xcel Energy power generation plant, the Sunnyside Marina, and the State of Minnesota Correctional Facility. Housing in Oak Park Heights is both attractive and diverse and features starter homes, bluff line river view homes, riverfront condominiums, and the Boutwells Landing senior community. The City currently has over 100 acres of designated park space comprised of five municipal park facilities. The parks consist of skating/hockey rinks and warming houses, softball/baseball fields, picnic shelters, tennis courts, and general playground equipment. The City has been awarded the "Tree City USA" award for the past 36 years. The City operates under a "Plan A, Council-Administrator" form of government, consisting of a Mayor and a four-member Council. The Mayor and Council are elected at large on a non-partisan basis, the Mayor for a four-year term and the Council for four- year staggered terms. The Council is responsible for adopting policies affecting City affairs, approving the annual budget, enacting ordinances and resolutions, and providing policy direction for City departments and activities. The City Council currently serves as the Economic Development Authority. The City has a Planning Commission and a Parks Commission. The Comprehensive Plan was last updated in 2008. The Metropolitan Land Planning Act requires communities to review and update their Comprehensive Plans every 10 years, with the next update for Oak Park Heights due in December 2018. The City will also be updating its utility plans, Comprehensive Park and Trail System Plan, and amend its Zoning Ordinance and map, as necessary. • Comprehensive Plan 2018 City of Oak Park Heights Page 1 INTRODUCTION AND COMMUNITY BACKGROUND The City of Oak Park Heights Mayor, City Council, Planning Commission, and staff have recognized the need for the update of the 2018 Comprehensive Plan as it is outdated with the current growth and change over the past 10 years. The Planning Commission and Parks Commission have been tasked with developing the draft Comprehensive Plan and the Parks and Trails Plan. The Comprehensive Plan document will be divided into specific sections, as found in the Table of Contents, located in the beginning of this document. The process by which the plan has been developed can be divided into five sections including issues identification, inventory, policy planning, plan development, and implementation. Each portion of the process will involve citizen participation and involvement of City officials. Issues identification involves a Community Survey, and opinion gathering process to determine a specific set of issues that must be addressed by the Comprehensive Plan. The inventory consists of documenting the City's existing conditions at a point in time. The results of gathering inventory information will provide a basis of text, charts, and maps illustrating the most relevant collected information. The next stage, policy planning, will determine future directives for Oak Park Heights through the identification of goals and policies. The City will also develop its vision statement. The policies that are created will promote direction for the subsequent planning sections of the document. The stage that follows consists of development of the physical plans and programs which will lay out the City's proposed land use, transportation, and community facilities plans. The final stage, implementation, will involve a discussion on how the plan will be used and brought into action. It will also provide the opportunity for the City to prioritize the plans and projects that result from the planning efforts of the Comprehensive Plan. On the following page, a base map of the City is represented. The map illustrates the corporate boundaries of the City at the beginning of 2017. This will be used throughout the plan as the basis for mapping the City of Oak Park Heights. Comprehensive Plan 2018 i � City of Oak Park Heights Page 2 1. INTRODUCTION AND COMMUNITY BACKGROUND INSERT BASE MAP HERE Comprehensive Plan 2018 City of Oak Park Heights Page 3 -44 SOCIAL INVENTORY INTRODUCTION The City of Oak Park Heights has recognized the need to develop a Comprehensive Plan as a means of addressing and accommodating the community's future growth and development. The purpose of the Social Inventory is to identify past trends, to document the current conditions and to help identify issues for establishing a hierarchy of planning policies. These policies will help the community address a broad base of land use and development issues. With the help of a solid information and policy base, decision makers can evaluate and prioritize proposals for the community while fulfilling the City's long-term goals and objectives. Additional inventory information will be included in each of the individual sections of this plan. Population trends and projections will be included within the Land Use section. Oak Park Heights as well as Washington County population projections will be evaluated to show the overall growth, as well as detailing change by age groups. POPULATION GROWTH The statistics in the following table illustrate the trends in population within Oak Park Heights, surrounding cities, and Washington County. Between 2000 and 2015, the City grew at a rate of 19 percent, and Washington County grew at a 25 percent rate. The populations of the surrounding communities of Stillwater and Lake Elmo have been growing at a similar pace since 2000, while the City of Bayport has seen a slower rate of population growth at 16 percent. The population increases in the City have been attributed to job growth, and a continued increase in senior residential development in Oak Park Heights. The 2015 estimate and the projections of population reflected in the chart below is from the Metropolitan Council. The Metropolitan Council numbers are generally regarded as being accurate population estimates during non-census years. 2000, 2010, 2015 AND PROJECTED POPULATION GROWTH 2000 2010 2015 2020 2030 2040 2000-2015 Projection Projection Projection %Change Oak Park Heights 3,957 4,445 4,706 4,880 5,300 5,700 19% Bayport 3,162 3,471 3,675 3,970 4,340 4,640 16% Stillwater 15,323 18,277 19,754 20,600 21,800 22,800 29% Lake Elmo 6,863 8,061 8,643 10,500 14,100 18,200 26% Washington Co. 201,130 238,136 251,015 268,410 299,130 330,200 25% Source: U.S. Census, Estimates from Metropolitan Council Comprehensive Plan 2018 City of Oak Park Heights Page 5 SOCIAL INVENTORY HOUSEHOLD GROWTH AND TYPES In looking at the data for Oak Park Heights since 2000, the number of households has steadily increased, while the number of persons per household has slightly declined. This is likely reflective of an increase in persons age 65 and over. It also reflects the natural trend of people having fewer children and the dynamics of the modern family. The 2015 estimate of population and households reflected below is from the Metropolitan Council. 2000-2015 OAK PARK HEIGHTS HOUSEHOLD INFORMATION Year Population Households Persons Per Household 2000 3,957 1,528 2.26 2010 4,445 1,911 2.05 2015 4,706 2,178 1.93 Source: U.S. Census, Metropolitan Council The 2000 and 2010 Census provides a demographic profile of the households in Oak Park Heights as illustrated in the following table. As the table indicates, the households of married families with children decreased significantly from 21.7 percent in 2000 to 14.4 percent in 2010. The number of unmarried families with children also decreased. The percentage of households where people lived alone or where in non-family households increased. 2000, 2010 OAK PARK HEIGHTS HOUSEHOLD TYPE Household Type Household Percentage 2000 2010 Lived Alone 34.6% 43.4% Families Without Children 28.7% 30.3% Married Families with Children 21.7% 14.4% Unmarried Families with Children 9.9% 4.04% Non-Family Households 4.3% 8.08% Source: U.S. Census Comprehensive Plan 2018 t City of Oak Park Heights Page 6 SOCIAL INVENTORY AGE CHARACTERISTICS The following table illustrates Oak Park Heights' population by age group. The table utilizes information from the 2000 and 2010 Census as well as a projection for 2015 from the Metropolitan Council. In 2000, the labor force (ages 20-59) represented the largest age group, at 59.3 percent. In 2010, this age group was again the City's largest, accounting for 52.1 percent of the total population. By 2015, that age group had fallen to 49.9 percent of the population. At 24.2 percent in 2000, the next largest age group for that Census year was school age children under the age of 19. By 2010, this population group had fallen to 19.6 percent and 16.3 percent in 2015. Population growth over these 15 years has been in the retired persons category with the persons over 80 years old increasing from 4.0 percent in 2000, 12.3 percent in 2010, and 17.2 percent in 2015. Changes in the demographics of the City and surrounding area will have significant planning implications for the future. 2000, 2010, 2015 OAK PARK HEIGHTS POPULATION GROWTH BY AGE GROUP A•e Grou• 2000 2000% 2010 2010% 2015 2015% Under 19 960 24.2 852 19.6 775 16.3 20-39 1,277 32.2 1,008 23.2 1,097 23.1 40-59 1,076 27.1 1,255 28.9 1,270 26.8 60-64 136 3.4 225 5.2 141 2.9 Sub-Total 2,489 62.9 2,488 57.3 2,508 52.9 65-69 122 3.1 158 3.6 198 4.1 70-79 225 5.6 304 7.0 437 9.2 _ 80+ 161 4.0 537 12.3 819 17.2 Sub-Total 508 12.8 999 23.0 1,454 30.7 TOTAL 3,957 100% 4,339* 100% 4,737 100% Source: U.S. Census, Metropolitan Council *Population by age group not adjusted for corrected total population • Comprehensive Plan 2018 City of Oak Park Heights Page 7 SOCIAL INVENTORY OCCUPATION Information from the 2010 and 2014 Census regarding employment demographics for Oak Park Heights and Washington County are depicted in the table below. The majority of those employed in the City both in 2000 and 2014 were in retail. The second largest category was health care. Employment demographics for Washington County follow a similar pattern with health care being the largest and retail second. The numbers indicate the recovery of certain industries following the economic downturn. 2010 AND 2014 OCCUPATIONS Oak Park Heights Washington County 2010 % 2014 % 2010 % 2014 Accommodation and Food 285 7 237 6 6,365 10 7,273 10 Services Administrative 32 - 24 - 3,183 5 2,697 4 Agricultural, Forestry, 1 _ 1 - 500 1 529 1 Fishing and Hunting Arts and Entertainment 41 1 34 1 1,257 2 1,329 2 Construction 184 5 311 7 2,700 4 3,450 5 Educational Services 278 7 255 6 7,647 12 8,076 11 Finance and Insurance 11 - 47 1 2,267 4 3,517 5 Health Care 775 19 790 19 9,363 15 10,950 15 Information 8 - 13 - 548 1 488 1 Management companies 500 12 495 12 1,011 2 1,373 2 and Enterprises Manufacturing and Mining 65 2 55 1 6,938 10 7,314 10 Other services 219 5 171 4 2,409 4 3,035 4 Professional and Technical 65 2 77 2 2,642 4 3,229 4 Public Administration 352 9 353 9 3,384 5 3,676 5 Real Estate 47 1 44 1 678 1 701 1 Retail Trade 899 22 958 23 8,533 13 10,200 14 Transportation and 243 6 237 6 2,366 4 1,745 2 Warehousing Utilities 0 - 1 - 29 - 8 4 Wholesale Trade 58 2 77 2 1,814 3 2,528 TOTAL 4,063 100 4,180 100 63,634 100 72,118 100 Source: U.S. Census • Comprehensive Plan 2018 City of Oak Park Heights Page 8 . `4w SOCIAL INVENTORY EMPLOYMENT The following table represents the overall employment numbers for Oak Park Heights, projections to 2040 and the percent of change from one year to the next. The City regards the employment projects from the Metropolitan Council as optimistic with the limited land available for future commercial development. 1990-2040 OAK PARK HEIGHTS EMPLOYMENT Number Percent Change 1990 2,200 2000 2,713 23.3 2010 4,358 60.6 2015 4,524 3.8 2020 5,900 30.4 2030 6,800 15.2 2040 7,500 10.3 Source: U.S. Census, Estimates from Metropolitan Council Comprehensive Plan 2018 �,, ` City of Oak Park Heights Page 9 SOCIAL INVENTORY EDUCATION The following table illustrates education levels for residents ages 25 and over in 2010 and 2015. As indicated for 2010, 93.1 percent of the population has attained a high school diploma or higher degree, while 31.1 percent of the population has attained a Bachelor's degree or higher. For 2015, 94.8 percent of the population has obtained a high school degree or higher and 33.5 percent have been awarded a Bachelor's degree or higher. 2010, 2015 OAK PARK HEIGHTS EDUCATIONAL ATTAINMENT (Ages 25 and over) Level Attained 2010 2010 % 2015 2015 % Did Not Graduate High School 224 6.9 193 5.2 High School Graduate 966 29.7 1,018 27.1 Some College (no degree) 720 22.2 934 24.9 Associate and Vocational Degree 328 10.1 350 9.3 Bachelor's Degree 742 22.8 895 23.9 _ Graduate/Professional Degree 269 8.3 360 9.6 TOTAL 3,249 100% 3,750 100% % of High School Grad + 93.1% 94.9% % of Bachelor's Degree + 31.1% 33.5% Source: U.S. Census, Metropolitan Council Comprehensive Plan 2018 �,, ; City of Oak Park Heights Page 10 SOCIAL INVENTORY INCOME The 1990, 2000, 2010, and 2015 data regarding income for Oak Park Heights and Washington County is illustrated in the following tables. The first column indicates per capita income; the second, median family income; third, percent below poverty level and forth, individuals below poverty level. The per capita income and median family income levels for the City are below that of Washington County. A higher percentage of people are below the poverty level in Oak Park Heights than Washington County. Oak Park Heights has experienced a decrease in median family income from 2010 to 2015. 1990, 2000, 2010, 2015 INCOME Per Capita Median Percent Individuals Income Family Below Below Poverty Income Povert Level Level Oak Park Heights $15,200 $33,200 7.9% 275 Washington County $17,400 $44,100 4.4% 6,419 Oak Park Heights $23,300 $48,400 3.4% 128 Washington13County $28,100 $66,300 2.9% 5,833 �,u . ".y�.`�-� y y , Oak Park Heights $28,600 $50,400 11.0% 489 Washington County $36,200 $79,100 5.2% 12,383 Oak Park Heights $30,600 $49,800 10.0% 470 Washington County $38,500 $83,700 5.4% 13,555 Source: U.S. Census, Metropolitan Council Comprehensive Plan 2018 City of Oak Park Heights Page 11 ',titt. ISSUES IDENTIFICATION INTRODUCTION The Planning Commission and City Council have each discussed community issues as part of the planning process. The representation of these City leaders and officials has provided the insight and initial direction for the process. The community involvement will continue throughout the comprehensive planning process with public meetings at the end of each stage. Additionally, as an initial means of shaping the Comprehensive Plan, a Community Survey was developed to gain insight from residents of the community. This report provides a summary of the issues and directions which community officials and residents have identified. As such, it will be utilized in conjunction with the technical data compiled in the data collection process to formulate the policies as well as physical layout of the community. Throughout the issues identification process, it was realized that there is agreement on most of the issues but also differences in the philosophy and details of the approaches to be taken. An additional purpose of this report is therefore to highlight these matters so that they can be addressed as part of the planning process. PLANNING PROCESS The community-based information and directives summarized in this section serve to set the stage for completion of the Comprehensive Plan. Complementing the issues identification stage of the process will be the technical inventory of the community that is found in each of the subsections of the, plan. This information will provide decision- makers with a basis from which problems and issues can be identified, objectives discussed and required changes made. The results of this effort will be goals and policies, as well as plans that are developed on a City-wide basis and for specific neighborhoods. It should be noted that the issues identification study is only an initial forum for community input into the planning process. As draft material is prepared, meetings will be held with the Planning Commission, which will be the primary group to hold public hearings and discussions on the plan. The Mayor, City Council, staff, general citizenry and business interests will also be provided ample opportunity for review and discussion through meetings and public hearings. While such involvement will be demanding, it is essential for completion of a Comprehensive Plan which is truly reflective of Oak Park Height's goals and objectives. A graphic at the end of this section illustrates the Comprehensive Plan Process. • Comprehensive Plan 2018 City of Oak Park Heights Page 1 ISSUES IDENTIFICATION COMMUNITY SURVEY As an initial means of shaping the Comprehensive Plan, a Community Survey was developed to gain insight from residents of the community. The Community Survey was made available on the City website and distributed at the Party in the Park event on June 8, 2017. There were 96 respondents to the survey, 83 were residents of the community. While the survey is recognized as not being statistically significant, the results provided the basis for the discussion of issues for this section. The respondents to the survey identified themselves into these general categories: Resident of the City 86.5% Business Owner 3.1% Visitor 5.2% Other 5.2% TOTAL 100% Most of the resident respondents (48.3 percent) have lived in Oak Park Heights more than 10 years. Another 32.2 percent have lived in the City less than five years. The respondents to the survey generally reflect the demographic makeup of the City, although a majority(31.0 percent)were 55 years and over. Most of the respondents(43.7 percent) did not have children currently living in the household. A summary of the key findings of the survey are as follows: Is Oak Park Heights a better place to live and work today than when they first moved here or began to work here: 1. Yes — 55.9 percent 2. Unsure —35.7 percent 3. No — 8.3 percent The favorite things about Oak Park Heights included: 1. The City parks and trails 2. The St. Croix River 3. The location 4. The small-town atmosphere 5. Schools 6. Retail businesses ' " Comprehensive Plan 2018 u City of Oak Park Heights Page 2 ISSUES IDENTIFICATION The most important challenges facing the City: 1. Protecting the St. Croix River and other bodies of water 2. Tax rates 3. Maintaining and enhancing municipal services 4. Reducing crime and enhancing public safety 5. Capital investments in community facilities, parks 6. Improving pedestrian and bicycle access and safety Respondents had the following opinion regarding City streets: 1. Excellent— 9.5 percent 2. Above Average —42.8 percent 3. Average — 39.3 percent Respondents had the following opinion regarding the condition of City parks and trails: 1. Excellent—23.2 percent 2. Above Average — 56.9 percent 3. Average — 16.2 percent Respondents utilization of a City Park or trail is as follows: 1. Every day— 17.0 percent 2. A few times per week— 37.8 percent 3. On occasion — 26.8 percent A copy of the complete results of this survey, including written opinions raised by the survey respondents, is found in the Appendix of this plan. The Community Attitude section, as follows was partially shaped by the results of the survey. COMMUNITY ATTITUDE The overriding attitude that was expressed by the residents of Oak Park Heights during the issue gathering process was the positive attitude about the community and the long- term prospects for continued growth and improvement. Residents cited the quality of life in the area, the amenities of the nearby rivers, lakes, and wetlands, the City parks and trails, the small-town feel, and the school systems and the retail businesses that contribute to making Oak Park Heights an attractive place to live. Those persons who took the survey and were involved in the opportunities and issues discussions as part of Comprehensive Plan 2018 City of Oak Park Heights Page 3 ISSUES IDENTIFICATION the Comprehensive Plan process listed the following as the positive aspects of the community: 1. The City is situated in such a way that it is close to the St. Croix River Valley, rural areas and open space. 2. Excellent access to the freeway system which provides connections to the entire Minneapolis St. Paul area. 3. Positive small town/City atmosphere. 4. Excellent City park and trail system. 5. The community provides an adequate land use density with residential, commercial, and industrial/business warehouse uses. 6. The community has several shopping, recreational and entertainment options for its residents. 7. There are excellent housing options with two premier senior living complexs in the City. 8. The school system is excellent and the high school is located within the City. 9. The City has a good government structure with a high level of long term participation on City boards and commissions. 10. The taxes are relatively low in comparison to other area cities. There were few negative comments made by residents and most dealt with issues related to the Highway 36 transportation corridor and the intersections that access the Oak Park Heights frontage roads and street network. Residents question what impact the St. Croix River Crossing will have on the community related to traffic and development. LAND USE ISSUES The following land use issues are recognized: • Preservation of the high quality of life in the City neighborhoods. • A balance of housing types for all age groups. • Buildings and property in the City kept in a good state of repair and maintenance. ' Comprehensive Plan 2018 City of Oak Park Heights Page 4 ISSUES IDENTIFICATION • Preservation of affordable housing, improvement of low income housing and affordability of living. • Diverse and high quality commercial development and redevelopment. • Impact of the St. Crossing River Crossing on the community and future development. • Creation of living wage jobs and job growth. • Maximization of the amount of green space in development/redevelopment. • Protecting the St. Croix River, wetlands, streams and other water bodies in the area. • Community support for application of sustainable development practices in all public and private sector redevelopment. TRANSPORTATION ISSUES The following transportation issues are recognized: • Continued roadway and sidewalk maintenance and repair. • Traffic congestion throughout the City, but in particular at the Highway 36 frontage roads and Norell/Osgood Avenues. • Commuter bus service improvements. • Sidewalk and trail linkages and connections. • Traffic speed. • Pedestrian/bicycle crossings throughout the community. • Appearance of private/public parking lots. COMMUNITY FACILITIES ISSUES The following land community facilities issues are recognized: • Continued maintenance and updates to the City Hall and public works facility. • Support for the Bayport Fire Department, their personnel, equipment and facilities. • Park and trail facility maintenance and upgrades. ‘0,74 ' Ye Comprehensive Plan 2018 City of Oak Park Heights Page 5 ISSUES IDENTIFICATION PARKS AND TRAILS ISSUES — GENERAL The following parks and trail issues are recognized: • Preservation of and maintenance of existing parks and park facilities. • Repair and maintenance of trails. • Trail connections within Oak Park Heights and to adjoining cities. • Safety of the parks and pedestrian/bicycle paths. • Landscaping and streetscaping of City streets and property. • Connection of the distinct areas of Oak Park separated by Highways 36, and County Road 15. • Pedestrian/bicycle crosswalk improvements. • Disability access for sidewalks and trails. • Park and trail signage improvements. • Continued and expanded park programming. • Possible splash pad. ADMINISTRATIVE ISSUES Administrative issues include those matters under government control, regulations, or initiatives. The following administrative issues are recognized: • Preservation of existing community character and quality. • Protection of water resources and stormwater education for the general public. • Drinking water safety and purity. • Budgeting for street, water and sewer repairs. • Enhancing the City with landscaping/plantings and welcoming entrances. • Tree planting programs to increase diversity and tree cover. • Tree management programs to prevent tree diseases. • Preservation of the small-town atmosphere. • Improved traffic flow through City. • Incorporating low impact development principles and practices into public and private projects. • Continuation of good relations and cooperative efforts with Washington County Stillwater Area Schools, and surrounding communities. • As a follow up to the Comprehensive Plan, the need to review its Zoning Ordinance and Design Guidelines. 41' Comprehensive Plan 2018 ' ;. City of Oak Park Heights Page 6 ISSUES IDENTIFICATION HEALTHY LIFESTYLE ISSUES Active and healthy lifestyles issues identified from the community include the following: Connectivity/Access: • Promotion of safe and barrier-free access to healthy food supplies, pharmacies, medical services, employment opportunities and schools. • Increasing access to public transportation. • Safety of walking and biking paths and crosswalks. Environment and Housing: • Housing quality and safety. • Affordable housing options in the City. • Promotion of sustainable development in the community. • Reduce, reuse and recycle. Children: • Organized activity and recreational programs. • Safe routes to schools as an alternative to busing. • Promoting and access to healthy food choices such as fruits and vegetables. • Encouraging less screen time and more active time. Mental Health: • More trees, green space, landscaping and plants. • Stress reduction, less traffic and transportation conflict. Social Capital: • Preserving small town atmosphere. • Encouraging community events. • Walking clubs, biking clubs, block parties. Water Quality: • Treatment of stormwater prior to release into lakes rivers and streams. • Use of rain gardens, green roofs, and other natural filtering systems. • Use of natural landscapes to reduce runoff from yards and hard surfaces. • Promotion of low impact development (LID) to promote environmental quality. • v '43.4 fyi a 'Y Comprehensive Plan 2018 ` 4. City of Oak Park Heights Page 7 ISSUES IDENTIFICATION COMPREHENSIVE PLANNING PROCESS VISIONING / PLANNING TACTICS PLANNING INVENTORY Social - Physical - Economic - Financial Profile 111M111•111•11•111111111.11M1 1111111=1111111111=11111111111.11Mr viriani,...........0•0 POLICY PLAN inventory issues Goals & Analysis Summary "I+ Policies 111111111=1111=111•11111111.1111101111M 11M1111111•11111111111111111111=11111111Mr PLANS - PROGRAMS - PROJECTS NIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIII IIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIMPlr . . _......milr - IMPLEMENTATION ,„ .' ' - Im10°11116 Comprehensive Plan 2018 ,-, City of Oak Park Heights Page 8 MISSION STATEMENT, VALUES AND COMMUNITY GOALS The City of Oak Park Heights has developed a mission statement and values. The mission statement and values will guide the preparation of the Comprehensive Plan and influence how the City will implement the policies and plans that result from this effort. MISSION STATEMENT The City shall strive to provide and promote a living environment with quality public services and facilities while protecting the community's cultural, historical and natural resources. VALUES • Vibrant and Diverse Culture: Our community thrives from being a welcoming and creative place that values and respects the opinions and contributions of all people. • Sustainability: We embrace public and private actions to preserve and enhance our natural and built environments for all generations. • Excellence and Quality in the Delivery of Services: We strive for excellence in providing quality community service while maintaining fiscal responsibility with public resources. • Economic Vitality: Our community experiences economic prosperity through diversity, interdependence and adaptability. • Community Character: We strive to preserve the higher quality of life, smallness and friendliness that this place offers. • Healthy Community: We flourish as a community by caring about our residents needs and supporting efforts to reach everyone's full potential. COMMUNITY GOALS The goals are designed to address and influence the quality of life through the physical environment. The goal statements have guided the preparation of the Comprehensive Plan and influence how the City will position itself in its actions and practices. The goals are not listed in a priority ranking; all are regarded as equally important statements for the City's direction. Comprehensive Plan 2008 4-4 « �Y City of Oak Park Heights Page 39 MISSION STATEMENT, VALUES AND COMMUNITY GOALS • Actively involve and serve all our residents. Celebrate the diversity and the well- being of all residents. Respect individual rights, yet be guided by our concern for the common good. • Maintain and improve community health and vitality. The residents of the community must provide and maintain those resources, community facilities, accessibility and services essential for the protection of the health, safety and welfare of individuals. • Encourage continued but orderly and diverse growth and redevelopment in Oak Park Heights. To maintain a strong economic and social base for Oak Park Heights, development and redevelopment is viewed as positive. In that the amount of vacant, developable land is limited to primarily commercial properties, the focus of the City will be on infill of the remaining developable land and continued redevelopment and improvements to commercial and industrial properties. • Preserve Small Town Character. The features and amenities of this small town are regarded as the greatest community asset. Preserve small town character while accommodating redevelopment, renewal and revitalization. • Establish and maintain a desirable community image within the Twin Cities Metropolitan Area. Oak Park Heights' reputation within the region is that of an established community with a range of housing options and an expanding commercial sector. The City will need to maintain its quality neighborhoods and commercial areas through continued redevelopment and investment. The City will need to ensure that development regulations are kept current, code enforcement is continued, and public improvements are of the highest quality. • Protect Oak Park Heights' Natural Resources. The St. Croix River, as well as the wetlands, ground water, surface water resources, and trees provide natural amenities and add significant aesthetic recreational and economic value to the community. Preserve and protect these resources by incorporating sustainable development principles into public and private projects. • Maintain and improve a safe, viable, orderly, productive and enhanced environment for all residents of the community. The community should provide for planned and orderly land use and a functional transportation system to serve and connect, but not disrupt, residential areas of the community. Moreover, the community should provide and properly maintain those resources, community facilities, and services essential for the protection of the health, safety and general • Comprehensive Plan 2008 City of Oak Park Heights Page 40 MISSION STATEMENT, VALUES AND COMMUNITY GOALS welfare of individuals (schools, parks and trails) and necessary for the community (water, sewer, streets, city administration, police, and fire protection). • Plan for coordinated, orderly growth and limited extra-territorial expansion. Growth patterns in Oak Park Heights will include infill development, redevelopment, and potential outward growth beyond its current boundaries. Extra-territorial growth will only occur at the request of the property owner and agreement by the adjoining jurisdiction. A planned and orderly land use with a functional transportation system that accommodates all residents is desired to provide continuity and connections throughout the community. • Promote a responsible fiscal balance (revenue versus service costs) on an ongoing basis. The policies of the Comprehensive Plan are intended to outline the community's desires and set forth guidelines for how these desires are to be achieved. These issues must be continually assessed in terms of value compared to costs incurred by the City for implementation. Indicators of value include, but are not limited to, potential revenue, facility enhancement, and the common good of the Oak Park Heights community. Comprehensive Plan 2008 City of Oak Park Heights Page 41 LAND USE - INTRODUCTION The basic intent of the comprehensive planning process is to provide a well founded and coordinated decision-making framework to guide both public and private development and community improvements. In this regard, this represents the development framework to guide land use decisions for the City of Oak Park Heights. The Land Use section is based upon the physical profile information, as well as the community issues which have been identified in determining community goals and policies. The Land Use section assists policy makers in daily decision-making. Since the maps and plans in the Comprehensive Plan may be quickly outdated, reliance on a land use map for guidance on a specific issue may be difficult for decision-makers. However, the relative consistency of community goals and policies ties the land use activities together over the long term. The Land Use Plan is the basic plan for growth and development in the community. It establishes the general parameters, issues, and goals which are to be achieved. It further defines and establishes direction for the basic elements of the development regulations that will be updated after the planning process is completed. The arrangement of this section includes the Physical Profile of the City to include the Existing Land Use Map, Goals and Policies related to land use, and finally, the Land Use Plan. In sum, the Land Use Plan provides the foundation for guiding and managing land use expansion and redevelopment within Oak Park Heights. It determines directives and means for specific assignments and accomplishments. Additionally, it establishes the ground work and parameters for facilities planning. 40, • 1, Comprehensive Plan 2018 ='r City of Oak Park Heights Page 1 it ` LAND USE - PHYSICAL PROFILE NATURAL ENVIRONMENT FEATURES Topography The terrain in Oak Park Heights can be characterized as gently rolling in the west and increasing in slopes until a ridge of severe slope at the edge of the St. Croix River Valley. The least significant topographic changes occur in the western portions of the City. The most severe topography changes extend from the eastern portion of the State of Minnesota Correctional Facility grounds north to the Highway 36. This topography change is best described as a ridge separating the City's higher elevations from the lower elevations of the river valley. Soils The soils found in an area often determine the type and extent of urban development that can occur in the area. Factors such as soil strength, drainage and frost characteristics may serve to limit the amount and type of urban development that can be accommodated on the land. The United States Department of Agriculture completed a detailed survey of soils within Washington County, including the area of Oak Park Heights, in 1977. While it should be recognized that any large-scale mapping of soils results in an extremely generalized graphic statement, the information does serve to illustrate the relationship between soils and the areas available for development. Generally, the soils within Oak Park Heights belong to one of three soil associations. These categories are as follows: Santiago-Kingsley. This soil association is characterized by undulating to steep slopes, are well drained with a moderately coarse texture. Soils within this association are characterized as being good to fair for supporting urban development. Antigo-Chetek-Mahtomedi. Soils in this association are generally formed in outward areas with slopes ranging from nearly level to steep. These soils are typically well to excessively drained with a medium to coarse texture. These soils are generally well suited for supporting urban development. Antigo-Comstock. These soils are generally level to moderately sloping and are formed predominantly in underlying sandy outwash plains and glacial lake plains. The main limitation of this series for urban development is susceptibility to frost heaving and a high-water table in low lying areas. Comprehensive Plan 2018 • City of Oak Park Heights Page 3 LAND USE - PHYSICAL PROFILE A more detailed description of the soils found within Oak Park Heights, in terms of suitability for urban development, is provided on maps available at City Hall. Generally, the soils along the river bluffs and on the State of Minnesota Correctional Facility grounds on the southern area of the City are poor for urban development purposes. Of greater importance, the Department of Agriculture has classified most of the soils in the western portion of the City as moderate for urban development purposes. The limitations of these soils are related mostly to the slopes of the soil types found in this area. WETLANDS The City of Oak Park Heights contains wetlands which are generally widespread throughout the community as shown on the following Natural Environmental Features Map. Many of these wetlands are large and represent potential physical barriers to development and street connections. Most of these wetlands are in the western areas of the City. The largest of the wetlands in Oak Park Heights, Perro Pond, is in the southeastern portion of the City. This wetland is located almost entirely within the boundaries of the State of Minnesota Correctional Facility and Valley View Park. These wetlands serve an important function as ponding areas for excess storm water runoff. In addition, these areas are also valuable for flood water retention, ground water recharge, nutrient assimilation, wildlife habitat and aesthetics. In 1991, the Wetlands Conservation Act was passed requiring the preservation of all wetland areas unless federal and state approvals are granted. The filling of designated wetlands requires that the wetland be mitigated at a 2:1 ratio, that is, for every acre of wetland removed, two acres would need to be replaced. VEGETATION Existing natural vegetation masses are found throughout Oak Park Heights. The largest areas of vegetative cover are in the western areas of the City and around the large wetland area which extends from the State of Minnesota Correctional Facility grounds through Valley View Park. Comprehensive Plan 2018 fiµ City of Oak Park Heights Page 4 LAND USE - PHYSICAL PROFILE INSERT NATURAL ENVIRONMENTAL FEATURES MAP Comprehensive Plan 2018 City of Oak Park Heights Page 5 raw LAND USE - PHYSICAL PROFILE FLOODPLAIN A small area on the extreme eastern portion of the City adjacent to the St. Croix River Valley has been designated by the Federal Emergency Management Agency as being within the 100-year floodway. Due to the bluffs leading up from the St. Croix River Valley, the remainder of the City is not affected by flooding during high water periods of the St. Croix River. Those areas within the 100-year floodway are identified on the Natural Environment Features Map. POLLUTION Pollution has generally not been an issue in Oak Park Heights. The Minnesota Pollution Control Agency provides information on past pollution problems which have been reported. In addition to minor chemical leaks or spills, typically gasoline or oil associated with businesses, one significant site was identified. The Xcel fly ash disposal site, which is south of Highway 36 and east of Osgood Avenue, was used to dispense of an ash by-product created at the Allen S. King power generating facility located adjacent to the St. Croix River. The site has been capped and is now Oak Park Crossing Park. The fly ash monitoring will continue under the management of Xcel but the park is under the management of the City. Another potential pollution issue is the Baytown Township groundwater contamination site which is the result of the disposal or spillage of trichloroethylene (TCE) in the area south of Highway 15 and west of Manning Avenue, and the use or spillage of carbon tetrachloride at a nearby grain storage facility. The site consists of an area of groundwater contamination that is more than six square miles and affects four major groundwater aquifers. Although there has been no issue for the City of Oak Park Heights' municipal water system, the City continues to monitor the spread of the contamination and will consider the pollution impact with any new well or well reconditioning. The area west of Osgood Avenue in the City is included in a Drinking Water Supply Management area as identified by the Minnesota Pollution Control Agency. �r s Comprehensive Plan 2018 City of Oak Park Heights Page 7 LAND USE - PHYSICAL PROFILE DEVELOPMENT PATTERNS The development patterns of land use in the City of Oak Park Heights are clearly established by the influence of both man-made and natural environmental features. The most significant influences have been Highway 36 and the power line easement/lines from the Allen S. King power generating facility. Development patterns in Oak Park Heights and other jurisdictions have also influenced the east-west orientation of the community along Highway 36. The highways, in particular Highways 36, 15, and 95 functions as physical barriers, but also the primary connections for Oak Park Heights to the region. The highways have also significantly influenced the location of commercial development in the community. The easterly portion of the community is almost completely developed. In coming years, there will not be significant changes other than specific redevelopment in the commercial areas. To the west of Oakgreen Avenue, there are undeveloped commercial areas both for retail/office and business/warehouse uses. It is expected that these areas will be completely developed in the next five to ten years. Other than what is currently in development, there is no significant parcels of residential land available for development in the City. There is one potential area for limited annexation, south of Highway 36 to Manning Avenue. The City will not actively pursue annexation, but work with property owners and adjoining jurisdictions when an owner requests annexation to City services. The Existing Land Use Map, as found on the following page, graphically illustrates the distribution and variety of land use types in Oak Park Heights. The map was developed in July 2017. An analysis of the breakdown by acreage of land use types follows the Existing Land Use Map. 4! Comprehensive Plan 2018 City of Oak Park Heights Page 8 LAND USE - PHYSICAL PROFILE INSERT EXISTING LAND USE MAP Comprehensive Plan 2018 City of Oak Park Heights Page 9 LAND USE - PHYSICAL PROFILE EXISTING LAND USE ANALYSIS The City of Oak Park Heights is 1,873 acres in size. The predominant land uses in the City include low density residential (14 percent), commercial (11 percent), and government (10 percent). The next largest land use category is industrial at 9 percent. A relatively small percentage (3 percent) is vacant property, only some of which is developable land. A detailed explanation of each land use category follows the existing land use table. 2017 OAK PARK HEIGHTS EXISTING LAND USE Category Acres Percent Percent by of Total Cate•o Low Densi 265 14% Medium Densit 62 3% 21% Hi.h Densit 80 4% Commercial 212 11% 11% Hi•hwa Business/Warehouse 74 4% Industrial 170 9% 13% School Facilities 128 7% , 8% Quasi-Public/Utilit 11 1% Government 192 10% 10% Park Facilities/O•en S•ace 140 8% 8% Water 133 7% 7% Vacant 56 3% 3% Ri•ht-of-Wa 349 19% 19% TOTAL 1,872 100% 100% Source: Cit of Oak Park Hei•hts, Stantec RESIDENTIAL As shown in the previous table, residential land use occupies 21 percent of the total land area in the City. Low density family dwellings are scattered throughout the City. The City's original single-family homes are in the eastern portion of the City. More recent low-density development, however, has occurred in the western and central portions of the City. Medium density residential development is located primarily in four locations. First, the development east of Osgood Avenue on Upper 56th 57th, and 58th Streets; second, on 4 Comprehensive Plan 2018 {,, City of Oak Park Heights Page 11 LAND USE - PHYSICAL PROFILE Oxboro Avenue; third, south of Highway 36, west of Oakgreen Avenue; and within the Boutwells Landing development. High density residential development is primarily located in six locations. First, in the northeast corner of the City on the St. Croix River, there is a large area of high density residential apartments. Second, there are two high density developments south of Highway 36 and east of Osgood Avenue, and finally, there are two locations north of Highway 36 on both sides of Osgood Avenue and east of Osgood Avenue on Paris Street North. Lastly, the Boutwells Landing development and the Oak Park Senior Living development contain high density buildings. COMMERCIAL Existing commercial development presently accounts for 11 percent of the City's total land use. Virtually all of the existing retail and service facilities are clustered along State Highway 36. While there is a small scattering of vacant commercial property, the majority of available land for commercial development is located just south of Highway 36 and Krueger Lane. INDUSTRIAL/BUSINESS WAREHOUSE Industrial/business warehouse land uses in Oak Park Heights total 244 acres or 13 percent of the total land area in the City. Virtually all of this acreage is attributed to the Xcel Power Plant located on the St. Croix River. Two smaller industrial areas or business warehousing/highway business areas are located on County Road 21 near the southern border of the City, and the Kern Center west of County Highway 15. There are no parcels available for future industrial development. The only area available for additional business warehouse development is in the Kern Center at 58th Street and County Highway 15. GOVERNMENTAL FACILITIES A significant amount of land within Oak Park Heights is devoted to governmental facilities which encompass 192 acres or 10 percent of the City's total land area. Governmental facilities include the St. Croix Valley Sewage Treatment Plant, the State of Minnesota Correctional Facility, City Hall, and the water tower site at Norell Avenue and 58th Street North. 41f. Comprehensive Plan 2018 ` City of Oak Park Heights Page 12 LAND USE - PHYSICAL PROFILE SCHOOL FACILITIES Oak Park Heights is the home to the Stillwater Area High School. The campus is 128 acres or 7 percent of the total land area. PARKS/OPEN SPACE The City parks are separately classified in the Land Use Table. These areas encompass 140 acres or 8 percent of the City's total land area. VACANT/UNDEVELOPED The vacant/undeveloped land identified on the Existing Land Use Map and the Land Use Table includes that which has not been developed, permanent open space, or that which has been subdivided for development, but remains vacant. It totals 56 acres or 3 percent of the total land area in Oak Park Heights. The immediacy of the prospects for development on these parcels varies considerably and are closely tied to the current climate in the housing market, commercial development interest, and other variables. PHYSICAL BARRIERS Natural features such as lakes, streams, and wetlands, as well as constructed features such as highways, utility lines, or existing development, often act to contain land use and restrict access. From another perspective, many of the natural features such as lakes, wetlands, trees, or topography can be used to positively enhance a community and its housing and business areas. Physical barriers within Oak Park Heights include the river, wetland areas, Highways 36 and 95, County Highway 15, and the utility line connections. The impact of physical barriers may be seen as having both positive and negative aspects. On the positive side, barriers serve to define cohesive areas and to lend structure to the arrangement of land uses, often separating uses which would otherwise generate conflict. On the negative side, barriers may artificially constrain development, and in separating developed areas, produce problems of access and circulation between related land uses. The physical barriers within Oak Park Heights are seen primarily as restricting access from north to south or east to west within the City. These physical barriers can be overcome with improvements to the transportation system, both by car, pedestrian and bicycle. Comprehensive Plan 2018 City of Oak Park Heights Page 13 LAND USE - PHYSICAL PROFILE LAND USE CONTROLS Land uses within Oak Park Heights are presently governed by the City Zoning and Subdivision Ordinances. Applications for development and associated plans are reviewed by City staff and submitted to the Planning Commission and City Council for review and approval. The table below indicates the breakdown of existing zoning districts and the acreages currently devoted to each within the City. Acreages for water and right-of-way have not been included. On a following page, the Zoning Map illustrates the arrangement of each zoning district in Oak Park Heights, showing only those districts currently within the City. 2017 OAK PARK HEIGHTS TOTAL ZONING BREAKDOWN Category Acres Percent Percent by of Total Category R-1, Single Family Residential 236 15% R-1A, Single Family Residential 0 0% R-1 B, Single Family Residential 0 0% R-1 C, Single Family Residential 0 0% 25% R-2, Low and Medium Density Residential 71 5% R-3, Multiple Family Residential 50 3% R-B, Residential Business Transitional 29 2% B-1, Neighborhood Business 0 0% B-2, General Business 161 11% B-3, Highway Business and Warehouse 88 6% 22% B-4, Limited Business 71 5% B-W, Business/Warehousing 4 0% -1, Industrial 249 16% 16% 0, Open Space Conservation 392 26% 26% P-I, Public/Institutional 0 0% 0% PUD—Commercial 23 1% 4% PUD - Residential 45 3% Parks 104 7% 7% TOTAL 1,526 100% 100% Source: City of Oak Park Heights, Stantec 4 Comprehensive Plan 2018 City of Oak Park Heights Ivc Page 14 LAND USE - PHYSICAL PROFILE The following paragraphs summarize the districts of the Zoning Ordinance and how they are applied in the City. The Zoning Map is found following these descriptions. 0, Open Space Conservation District The 0, Open Space Conservation District is intended to provide a district which will allow suitable areas of the City to be retained and utilized for open space, agricultural uses and provide a "holding" zone for newly annexed lands to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and service. The district allows farming, nurseries, tree farms, green houses, and very low density single family dwellings as a permitted use. R-1, Single Family Residential District The purpose of the R-1, Single Family District is to provide for low density single family detached residential dwelling units and directly related, complementary uses. The district is the primary single-family district in the community. The district allows single family residential uses and recreational uses as permitted and schools, places of worship, and bed and breakfast facilities as conditional. R-1A, R-1B, R-1C, Single Family Residential District These districts allow for the same permitted and conditional uses as the R-1 District, but at different densities. There are no areas in the community currently zoned R-1A, R-1 B, or R-1 C. R-2, Low and Medium Density Residential District The purpose of the R-2, Low and Medium Density Residential District is to provide for low to moderate density residential dwellings and directly related, complementary uses. Single and two-family units are allowed as permitted uses, townhomes, condominiums, and multiple family dwelling structures with not more than four units are allowed as conditional. R-3, Multiple Family Residential District The purpose of the R-3, Multiple Family Residential District is to provide for medium to high density housing in multiple family structures and directly related, complementary uses. Multiple family structures are a permitted use and private marina and boat storage facilities, as well as other uses specified in previous districts, are conditional. Comprehensive Plan 2018 City of Oak Park Heights Page 15 � ',�:;. LAND USE - PHYSICAL PROFILE R-B, Residential Business Transitional District The purpose of the R-B, Residential Business Transitional District is to provide for high density residential use and for the transition in land use from residential to low intensity business allowing for the intermixing of such uses. In the R-B District, multiple family dwellings are listed as permitted uses and limited office use, nursing homes, elderly and group housing, limited retail uses, and limited warehousing activities are conditional. B-1, Neighborhood Business District The purpose of the B-1, Neighborhood Business District is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. Barber shops, beauty parlors, convenience grocery stores, and laundromats are limited permitted uses. Conditional uses include governmental and public utility buildings, as well as professional and commercial offices. B-2, General Business District The purpose of the B-2, General Business District is to provide for high intensity, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to provide goods and services on a community market scale and located in areas which are well served by collector or arterial street facilities. A significant portion of the commercial uses in Oak Park Heights are zoned B-2 District. The district allows a full range of retail and commercial services as permitted. Open and outdoor sales and service, drive throughs, automotive related uses such as car washes, motor fuel stations and auto repair as listed conditional uses. B-3, Highway Business and Warehousing District The purpose of the B-3, Highway Business and Warehousing District is to provide for the establishment of retail and wholesale sales, storage, warehousing and limited manufacturing and production. The overall character of the B-3 District is intended to be transitional in nature, thus uses allowed within this district shall be limited to those which can compatibly exist adjacent to commercial and lower intensity activities. The B- 3 District allows a wide variety of commercial uses. Restaurants, auto service centers, vehicle dealerships, mini storage, animal clinics, landscape sales and certain educational facilities are allowed as conditional. Comprehensive Plan 2018 ` Page 16 Cityof Oak Park Heights LAND USE - PHYSICAL PROFILE B-4, Limited Business District The purpose of the B-4, Limited Business District is to provide a district accommodating retail sales, service and office functions in a highly planned and coordinated area. The uses allowed in this district are similar to but not as extensive, especially as it relates to automotive vehicle sales and service, as the B-2, General Business District. Retail and commercial uses are permitted while drive in restaurants, minor auto repair, open and outdoor storage, sales and service, and two family, townhomes and multiple family dwellings are conditional. B-W, Business/Warehousing District The purpose of the B-W, Business/Warehousing District is to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, storage and warehousing. The overall character of the B-4 District is intended to be transitional in nature, thus industrial uses allowed within this district shall be limited to those which can compatibly exist adjacent to commercial and lower intensity activities. Commercial and professional offices, printing establishments, conference centers, indoor commercial recreation and wholesale showrooms are permitted, while open and outdoor storage, services, sales and rental, and manufacturing are listed conditional uses. I, Industrial District The purpose of the I, Industrial District is to provide for the establishment of warehousing and light industrial development. General industrial uses such as storage and warehousing, manufacturing power generation plants, and wholesale business and office establishments are listed permitted uses. Conditional uses include open and outdoor storage as an accessory use. P-I, Public-Institutional District The P-I District is intended to provide a specific zoning district for facilities directed to serving the public and specialized government and semi-public uses. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a non-profit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development and they will be located on or in proximity to a collector street or arterial street. The district permitted uses include government buildings, parks and recreational facilities while schools, places of worship, hospitals, correctional facilities, nursing homes, cemeteries, and Comprehensive Plan 2018 City of Oak Park Heights Page 17 LAND USE - PHYSICAL PROFILE limited retail are conditional. The City has established the P-I District in the Zoning Ordinance but has not zoned property to this district. PUD, Planned Unit Development District The purpose of the PUD, Planned Unit Development District is to provide for the integration and coordination of land parcels as well as the combination of varying types of residential, commercial and industrial uses. The City has a limited number of areas zoned PUD. Most development is zoned residential or commercial and is applied with a PUD to allow for mixed use and multiple structures on one parcel. River Impact District The River Impact District is established to provide necessary protection to lands which fall within the designated regional floodplain and Lower St. Croix National Scenic Riverway area as defined by Minnesota Department of Natural Resources regulations. This district shall include all lands lying riverward from the Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way. Application of district regulations shall be imposed as an overlay upon currently applied zoning use districts. ZONING DISTRICT AREA WIDTH SETBACK AND BUILDING REGULATIONS The specific requirements for each of the zoning districts is found on the following page. The complete lot area and width, setbacks, building height and other zoning regulations are found in the General Provisions section of the Zoning Ordinance. A copy of the Zoning Ordinance is on file at City Hall. The table, as follows, summarizes all of the established zoning districts along with their minimum lot area, width, setbacks, lot coverage and other standards. It is intended as a general reference source. Comprehensive Plan 2018 • City of Oak Park Heights Page 18 LAND USE - PHYSICAL PROFILE OAK PARK HEIGHTS SUMMARY OF ZONING DISTRICT CLASSIFICATIONS AND REQUIREMENTS Minimum Setbacks Principal Zoning Minimum Lot Width Building District District Classification Lot Size (interior) F S-I S-C R Height 0 Open Space Conservation 5 acres 200 feet 50 30 30 50 35 feet R-1 Single Family Residential 10,300 sf 80 feet 30 10 30 30 35 feet R-1A Single Family Residential 12,500 sf 85 feet 30 10 30 30 35 feet R-1B Single Family Residential 15,000 sf 90 feet 30 10 30 30 35 feet R-1C Single Family Residential 20,000 sf 100 feet 30 10 30 30 35 feet R-2 Low and Medium Density 10,400 sf 90 feet 30 10 30 30 35 feet Residential R-3 Multiple Family Residential 15,000 sf 100 feet 30 20 20 30 35 feet R-B Residential Business 15,000 sf 100 feet 30 10 10 30 35 feet Transitional B-1 Neighborhood Business 15,000 sf 100 feet 30 20 20 30 35 feet B-2 General Business 15,000 sf 100 feet 40 10 20 20 35 feet B-3 Highway Business and 15,000 sf 100 feet 40 10 20 20 35 feet Warehousing B-4 Limited Business 15,000 sf 100 feet 40 10 20 20 35 feet B-W Business/Warehousing 30,000 sf 100 feet 50 20 50 20 35 feet Industrial 1 acre 100 feet 50 30 30 40 45 feet P-I Public/Institutional varies --- varies 45 feet PUD Planned Unit Development --- --- --- --- --- --- --- River Impact District --- --- --- --- --- --- --- Source: City of Oak Park Heights F = Front yard setback as measured from the property line S-I = Side yard setback on interior lots S-C = Side yard setback on corner lots R = Rear yard setback " Comprehensive Plan 2018 City of Oak Park Heights Page 19 5F LAND USE - PHYSICAL PROFILE INSERT ZONING MAP Comprehensive Plan 2018 • City of Oak Park Heights Page 21 LAND USE - GOALS AND POLICIES INTRODUCTION The value of a Comprehensive Plan for Oak Park Heights is only partially found in the plans, maps, and data. Although such information is a critical element of any plan, the changing nature of that information can give a community only a snapshot of its needs or direction. A more comprehensive review of the community and its direction can be found through its adopted goals and policies. The goals and policies do not provide information on the timelines and priorities needed for development or community improvements. Instead, it provides a series of criteria which can be used to direct general actions. Furthermore, the policies are not absolute directions for City staff, Planning Commission, or City Council members. Instead, they are guides to assist in decision-making and goal achievement. Moreover, the policies should be considered and utilized collectively. In some cases, a single policy may define and outline a course of action. More frequently, however, a group of policies will be applied to a given situation. The flexibility and adoptability of the goals and policies is particularly useful when unanticipated development decisions emerge. It complements the maps, ordinances and City Code which are more static documents. In some instances, policies may not address a new situation in the community. In this case, the goals and policies should be updated or modified. This would give the Comprehensive Plan an up-to-date quality which will withstand the test of time. For purposes of definition, goals may be described as the ways in which we think about the community — descriptive statements of the ultimate direction we would want to see the City proceed. Policies may be described generally as positions the City will take on a specific issue. NATURAL ENVIRONMENT Natural resources are of prime importance to the community. In addition to serving as aesthetic amenities which enhance the quality of life in the area, natural areas often perform important ecological roles. These natural features can serve as buffers or barriers in determining the extent and direction of development and growth. Therefore, it is necessary that special consideration be given to natural features and systems in formulating Oak Park Heights' Comprehensive Plan. Environmentally sensitive areas include those characterized by waterbodies, floodplain, steep slopes, vegetation, soil limitations, and wetlands. The o Comprehensive Plan 2018 { City of Oak Park Heights Page 23 LAND USE - GOALS AND POLICIES City has expressed an interest in the preservation and enhancement of these features within the City limits. WETLANDS, LAKES AND STREAMS AND GROUND WATER Goal: Preserving the water resources of the St. Croix River and existing wetlands and streams is recognized as a high priority in Oak Park Heights. Policies: A. Restrict or prohibit development/redevelopment within Oak Park Heights' drainageways, floodplains, wetlands, and other natural features which perform important environmental functions in their natural state. B. Require all development/redevelopment to manage its on-site storm water generation to ensure no negative impact to downstream flooding or water quality. C. Require grading and drainage plans as part of any new residential or commercial development/redevelopment. These plans must illustrate proposed drainage patterns, plans for on-site storm water retention and erosion control. D. Maintain and update as necessary floodplain, shoreland and wetland regulations to regulate development within these sensitive areas. E. Incorporate low impact development (LID) principles and practices into design, construction and operation of public projects as feasible. F. Work with residential and commercial developers to incorporate low impact development practices that protect native vegetation and soils and reduce impervious surface. HISTORIC PRESERVATION Goal 1: The preservation, protection and continued use of areas, buildings, structures and other objects that have historic, aesthetic or community values is a benefit to the welfare and education of the City of Oak Park Heights. Policies: A. Safeguard the heritage of the City by preserving sites and structures that reflect elements of the City's cultural, political, economic, visual or architectural history; evaluate and establish historic districts. B. Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of Oak Park Heights. C. Foster community identity and civic pride by protecting historical area, structures or accomplishments of the past. Comprehensive Plan 2018 t. City of Oak Park Heights Page 24 LAND USE - GOALS AND POLICIES TREES, LANDSCAPING AND STREETSCAPING Goal: Provide continuing and enhanced streetscapes, landscaping as part of development/redevelopment, and protection and preservation of the community's vegetative resources. Policies: A. Continue to implement and expand the City's comprehensive streetscaping and landscaping efforts through participation in Tree City USA and development review. B. As a high priority in the City, preserve and protect existing stands of mature trees. C. Promote programs designed to protect trees from disease. D. Require all development/redevelopment proposals to indicate the location, type, and condition of existing vegetation, and preserve existing trees wherever feasible. E. Require that development/redevelopment projects within the City plant new trees, particularly in areas where existing vegetation is removed. F. Provide City financial support to the ongoing tree protection, streetscape and landscaping programs. NATURAL FEATURES Goal: Ensure preservation and enhancement of slopes and soils in Oak Park Heights through careful development review and approvals. Policies: A. In areas of soils that have limitations for development/redevelopment, perform soil testing to identify the soil correction measures necessary to insure safe and quality construction. B. Require erosion control plans for all site grading to prevent erosion, dust, and soil sedimentation. C. Restrict or prohibit development/redevelopment on steep slopes. In instances where development on steep slopes is permitted, plans must be provided for grading and erosion control which prevent erosion, dust, and soil sedimentation. Comprehensive Plan 2018 City of Oak Park Heights Page 25 LAND USE - GOALS AND POLICIES AIR QUALITY AND POLLUTION Goal: Protection of air quality and ground water and soils, as well as efforts to control noise and light pollution, are important to the community. Policies: A. Incorporate State and Federal pollution regulations into local policy as required. B. Require a ground water monitoring plan or ground water protection plan as part of a permit application for businesses that store, use or transport hazardous materials and for properties formerly used as a waste disposal site or waste transit facility. Where available, use well head protection plans to assist with this process. C. Assure coordination with other adjoining jurisdictions for ground water sensitive areas, well head protection areas, water use contingency and allocation plans, and other ground water issues where plans may affect other jurisdictions. RECYCLING AND SOLID WASTE REDUCTION Goal: Encourage recycling programs and solid waste reduction initiatives. Policies: A. Recycling programs which conserve natural resources shall be continued and promoted. B. Oak Park Heights shall encourage enhanced waste reduction/separation practices to improve solid waste management. C. Residential and commercial generators of solid waste shall be encouraged to act voluntarily to evaluate their use of energy and raw materials and to reduce consumption where technically and economically feasible. SUSTAINABLE DEVELOPMENT Goal 1: Create a sustainable community that prpvides balance between a growing economy, protection for the environment and social responsibility to enhance the quality of life while preserving the same for future generations. Policies: A. Promote the use of sustainable design practices during all phases of development including design, deconstruction, construction, and building operation and maintenance. Comprehensive Plan 2018 City of Oak Park Heights Page 26 LAND USE - GOALS AND POLICIES B. Promote national, 0 ote regional and state sustainable building design programs including utility-sponsored renewable energy and conservation programs. Goal 2: Create a livable community where development incorporates sustainable design elements such as resource and energy conservation and use of renewable energy. Policies: A. Encourage energy and resource conservation strategies to limit the effects of climate change, including decreased use of fossil fuels and shift to renewable energy resources. B. Promote the use of renewable energy, including solar energy, in new residential and commercial developments. C. Review the potential for use of renewable energy, including solar energy, in all new public buildings. D. Consider varying setback requirements within PUD's in all residential and commercial zoning districts as a means of protecting solar access. E. Implement alternative energy regulations including solar, wind energy, geothermal and biomass requirements in the Zoning Ordinance. Goal 3: Protect and enhance air quality and reduce the emission of greenhouse gases and control of climate change locally and globally. Policies: A. Encourage alternative transportation by providing trails and encouraging transit opportunities. Continue expanding the trail system by implementing the Park and Trail System Plan. B. Educate and inform businesses and residents about opportunities and incentives to increase the utilization of renewable energy sources such as solar, wind, geothermal, and biomass. C. Improve the City's environmental performance by setting targets, using innovative approaches, encouraging employees to conserve resources and improving on the existing recycling program as an example to residents and business owners. D. Support and encourage community efforts in environmental awareness and education through the use of the City web site, programs, newsletters and the media. Comprehensive Plan 2018 ;,, City of Oak Park Heights Page 27 LAND USE - GOALS AND POLICIES Goal 4: Reduce waste stream toxicity and amount; minimize generation of hazardous waste and increase reuse, recycling, composting and purchasing of environmentally preferred products with minimal or no packaging. Policies: A. Support and encourage community efforts in environmental awareness and education. B. Support waste reduction activities including recycling, reuse, and composting through policies and educational outreach opportunities for citizens and businesses. C. Emphasize the importance of directing waste that cannot be reused, recycled, or composted to facilities that recover some of the energy value in garbage with use of landfills as the last alternative. D. Continue to provide and encourage curbside recycling of reusable waste materials through educational events, promotional materials and volunteer efforts. LAND USE Land use goals create a vehicle by which the community can determine, organize and define the character and intensity of development and redevelopment in Oak Park Heights. The policies will guide proposed land use through the stages of growth and change planned for the community. Related to land use, the protection of the natural environment is of major importance to Oak Park Heights and the surrounding area. The focus for land use in the City will be the continual development infill of residential, commercial and industrial areas. Redevelopment, especially in commercial areas along the Highway 36 corridor, will also be a priority in the next 20 years. GENERAL LAND USE Goal 1: Provide for responsible and orderly expansion of the City's land area as requested by property owners and agreed to by the affected jurisdiction. Policies: A. The City, in planning for future land use, transportation/community facilities or utility extensions, may include areas not within its municipal boundaries. This planning is done in anticipation of demand for services to accommodate future urban growth. Comprehensive Plan 2018 v,. 3 City of Oak Park Heights Page 28 <, k LAND USE - GOALS AND POLICIES B. The City shall extend utility service to only those areas that are within the City, annexed to the City or part of an orderly annexation agreement. C. The City should consider annexation only if requested by the property owner and agreed to by the affected jurisdiction. D. The City shall plan its utility, service and street extensions to accommodate long term growth and expansion in the community. E. The City will work to achieve cooperation in annexation requests by discussing annexation issues with adjacent townships and municipalities. F. Orderly annexation will be considered in order to identify boundaries and target years for areas eligible for orderly annexation. Goal 2: A cohesive land use pattern which ensures compatibility and strong functional relationships among activities is to be implemented. Policies: A. Prevent over-intensification of land use development, that is, development which is not accompanied by a sufficient level of supportive services and facilities (utilities, parking, access, etc.). B. Examine requested land use changes in relation to adjoining land uses, site accessibility, utility availability, and consistency with the Oak Park Heights Comprehensive Plan and policies. C. Attempt to make transitions between distinctly differing types of land uses in an orderly fashion which does not create a negative (economic, social or physical) impact on adjoining developments. D. Infill development of compatible land uses shall be strongly encouraged. E. Where practical, conflicting and non-complementary uses shall be eliminated through removal and relocation. F. Encourage the development and redevelopment of under-utilized and substandard property throughout the City. Goal 3: The preservation, protection and continued use of areas, buildings, and structures that have historic, aesthetic or community values is of benefit to Oak Park Heights. Policies: A. Where practical, safeguard the heritage of the City by preserving sites and structures that reflect elements of the City's cultural, political, economic, visual or architectural history. $.;1' Comprehensive Plan 2018 r- City of Oak Park Heights Page 29 LAND USE - GOALS AND POLICIES B. Foster community identity and civic pride by promoting the preservation and continued use of historic sites and structures for the education and general welfare of the people of Oak Park Heights. HISTORIC PRESERVATION Goal: The preservation, protection and continued use of areas, buildings, structures and other objects that have historic, aesthetic or community values is a benefit to the welfare and education of the City of Oak Park Heights. Policies: A. Safeguard the heritage of the City by preserving sites and structures that reflect elements of the City's cultural, political, economic, visual or architectural history; evaluate and establish historic districts. B. Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of Oak Park Heights. C. Foster community identity and civic pride by protecting historical area, structures or accomplishments of the past. RESIDENTIAL LAND USE Goal 1: Provide a variety of housing types, styles and values to meet the needs of the community and the changing demographics of the City and region through new development and redevelopment. Policies: A. Encourage design and planning innovations in housing units and land development. B. Recognize the development of townhouses, condominiums and non-traditional home types to supplement existing conventional single-family homes, and apartments, giving due consideration to local market demands. C. Attempt to provide housing opportunities which attract persons of all ages and income levels and which allow them the ability to maintain residence within Oak Park Heights throughout the various stages of their lives. D. Allow the development of additional owner and renter occupied affordable housing units on a case-by-case basis to achieve established housing goals. E. Encourage development of housing options to meet the needs of all segments of the population, including the disabled, and senior living options through life cycle housing. Comprehensive Plan 2018 City of Oak Park Heights Page 30 u LAND USE - GOALS AND POLICIES F. Housing units identified as substandard for safe occupancy shall be rehabilitated, replaced, or developed with an appropriate guided land use, wherever possible. Goal 2: Maintain and enhance the strong character of Oak Park Heights' single family residential neighborhoods. Policies: A. Promote private reinvestment in the City's single-family housing stock. B. Pursue the redevelopment of substandard single-family homes when it is judged not economically feasible to correct the deficiencies. C. Encourage single family home rehabilitation programs through the City. Goal 3: Promote multiple family housing alternatives as an alternative life cycle housing option. Policies: A. Consider the redevelopment of substandard multiple family properties that display deteriorated building conditions, no site amenities, poor site design, or incompatible land use patterns. B. Encourage developers of medium and high-density developments to provide adequate accessory amenities such as garages, parking, open space, landscaping, and recreational facilities to ensure a safe, functional, and desirable living environment. C. Consider mixed land uses as an alternative land use option in planning and redevelopment of obsolete commercial, industrial, or residential areas. D. Avoid concentrations of multiple family dwellings and apartments in the City. Locate such housing within appropriately designated zoning districts and in proximity to areas which offer a wide range of existing supportive services, commercial and recreational facilities. COMMERCIAL LAND USE Goal 1: Maintain and improve Oak Park Heights' commercial areas as vital retail and service locations. Policies: A. Encourage communication with local business people to gain an understanding of the changing needs of the business environment. ;r {" Comprehensive Plan 2018 • rt„ 3 City of Oak Park Heights Page 31 LAND USE - GOALS AND POLICIES B. Promote a full and broad range of office, service, retail, and entertainment uses within the commercial areas of Oak Park Heights. C. Attract new businesses to Oak Park Heights that will contribute to the customer attraction and business interchange of the local commercial areas. D. Promote the redevelopment and expansion of existing businesses within the City to obtain a higher level of sales and business attraction. Goal 2: Promote continued development, investment and enhancements in the commercial areas. Policies: A. Promote a mixed-use environment within the commercial areas consisting of retail, office, and service land uses. B. Encourage a combination of public and private investment in the commercial areas for public improvements and building redevelopment. C. Address parking issues and review supply and demand, signage and education programs for better parking-utilization. D. Update architectural design guidelines as necessary to guide the commercial areas' development and redevelopment. E. Substandard residential and commercial properties shall be rehabilitated, replaced or redeveloped in conformance with the land use plan. Goal 3: Encourage continued development and redevelopment activities along the City's highway corridors. Policies: A. Encourage private and continued City investment in the Highway 36 corridor. B. Encourage investment in rehabilitation and redevelopment of substandard properties along the highway corridors. C. Ensure that all service and commercial uses are adequately screened or buffered from any adjacent residential development. D. Commercial and service areas should provide safe and convenient pedestrian movement, including access for persons with disabilities. Comprehensive Plan 2018 ; City of Oak Park Heights Page 32 r LAND USE - GOALS AND POLICIES BUSINESS/WAREHOUSE/INDUSTRIAL LAND USE Goal 1: Retain Oak Park Heights' existing business/warehouse and industrial land uses to ensure a diverse tax base and local employment opportunities. Policies: A. The City will continue its efforts in retaining and attracting new businesses for new development and redevelopment. B. The City will work with Xcel Energy on issues related to the Allan S. King Power Plant, transmission lines and substations within Oak Park Heights. Goal 2: Maintain a high standard of business/warehouse and industrial development including appearance of sites, buildings and outside storage areas. Policies: A. Encourage site upkeep and maintenance to promote a positive business/ warehouse and industrial and commercial image for Oak Park Heights. B. Promote high quality business/warehouse and industrial construction to ensure building durability and an aesthetically attractive appearance. C. Existing and new business/warehouse and industrial development shall not cause pollutants or contaminants to be emitted into the surrounding environment (including air, soils, ground water, drainageways, sanitary sewer and storm sewer) in excess of state and federal regulations. INSTITUTIONAL LAND USE Goal 1: Cooperate with existing and expanding institutional facilities to ensure compatibility and a high level of design. Policies: A. Transitions between differing types of land uses must be done in an orderly fashion while minimizing impacts on adjoining development. B. All institutional development proposals must be analyzed to determine the most appropriate land uses within a neighborhood and the community as a whole. C. Adequately screen, landscape and buffer institutional facilities to minimize the impact on surrounding uses and enhance the neighborhood and community in which they are located. Comprehensive Plan 2018 City of Oak Park Heights Page 33 Sher fi , LAND USE - LAND USE PLAN INTRODUCTION Based upon the foundation established by the Physical Profile and the Goals and Policies, this section provides the framework to guide community growth and improvements. The Land Use Plan is a narrative and graphic description that provides the background and rationale for land use designations as represented on the Proposed Land Use Map. The plan has an educational and decision-making function, helping to improve the general understanding of how physical development in the City of Oak Park Heights should take place. Although the emphasis of this section is on land development, other areas such as transportation, community service and facility needs are also addressed. The Land Use Plan is divided into two main categories. The first section describes the basis for Oak Park Heights' community plan, including population projections as well as how the natural features of the area will be protected. The second section describes general land use plan elements, including a discussion of the Proposed Land Use Map and review of residential, commercial, industrial, and institutional development. BASIS OF THE COMMUNITY PLAN The major planning objective of Oak Park Heights is to establish and maintain attractive, high quality living and working environments for community residents. In providing for these environments, the City recognizes the necessity of providing utilities and services that are demanded with urban development. Through the comprehensive planning process, the City has the ability to direct and focus development in a pattern that maximizes the utilization of existing utilities and services. This type of land use management assists the community in regulating and budgeting for investment in future public utilities, streets, and service needs. With limited vacant land, it is likely that the City will be almost completely developed by 2025. Small parcels of residential property scattered throughout the community will be infilled with single family and townhome development. Commercial areas along Highways 36 and 15, west of Oakgreen Avenue, will also be completely filled in. Redevelopment activities will likely focus on commercial areas east of Oakgreen along the Highway 36 corridor. Based upon this premise, the focus of the land use, transportation, community facilities/administrative sections of this Comprehensive Plan will be on redevelopment, infill and maintenance of the community. Comprehensive Plan 2018 City of Oak Park Heights Page 35 LAND USE - LAND USE PLAN PROJECTED GROWTH Population and Households The City of Oak Park Heights has had steady population growth since 1980. The expanding residential and commercial sectors as well as the attractiveness of the community in its location in the St. Croix River Valley has resulted in a steady population growth. Household and population growth of the community from 1980 to 2015 is found in the following table. OAK PARK HEIGHTS HOUSEHOLD AND POPULATION GROWTH 1980 1990 2,000 2010 2015 Population 2,591 3,486 3,957 4,445 4,706 Households 955 1,322 1,528 1,911 2,178 Household Size 2.71 2.63 2.25 2.05 1.93 Source: U.S. Census, Metropolitan Council The numbers above reflect the national and state trends of smaller household size. With limited residential available, the expected population will continue to grow but at a much slower rate. Population, Household and Employment Projections The Metropolitan Council, in its Thrive MSP 2040 Plan, has projected population, household and employment forecasts. These forecasts are accepted by the City as the basis for growth through 2040, with the exception of the employment numbers, which the City projects will be less than what is provided by the Metropolitan Council. OAK PARK HEIGHTS POPULATION, HOUSEHOLDS AND EMPLOYMENT PROJECTIONS 2010 Census 2020 2030 2040 Population 4,445 4,880 5,300 5,700 Households 1,911 2,200 2,420 2,600 Employment 4,358 5,900 6,800 7,500 Source: U.S. Census, Metropolitan Council As indicated above, the Metropolitan Council projects that the population of the City will exceed 5,000 persons between 2020 and 2030. With recent senior housing w fv Comprehensive Plan 2018 City of Oak Park Heights Page 36 LAND USE - LAND USE PLAN developments, Oak Park Heights projects that the City will reach 5,000 persons before 2020. Once the City nears 5,500 to 5,700 people, the population will likely level off. With no additional residential land available, it is expected the City's population will likely stabilize between 5,500 and 5,700 people. The household projections show a steady increase to 2,600 by the year 2040. The increase in households versus the stable population levels is due to the ongoing trend of lower household size. The City will experience limited infill development which will increase the number of households but likely not to the extent projected by the Metropolitan Council. Employment numbers are also projected to increase to a total of 7,500 by 2030. This again may be optimistic with the limited land available for future commercial development. ENVIRONMENTAL PROTECTION AND SUSTAINABILITY Environment A variety of benefits are associated with environmental protection in Oak Park Heights. Environmentally sensitive development will create a more aesthetic living and working environment and prevent future public investment needed for clean up or reclamation. The purpose of the City's environmental regulations and the Zoning Ordinance is to protect the public health, safety, and welfare of the community. The City has adopted floodplain and wetland and stormwater regulations to provide the levels of protection to preserve natural resources. Environmental awareness and protection should generally address the following in Oak Park Heights: 1. Implement and update, as necessary, environmental regulations such as floodplain, wetland, stormwater, tree preservation regulations for the protection of rivers, natural features, lakes, wetlands, and trees. 2. Direct development throughout the City that is compatible with environmentally sensitive areas. 3. Address stormwater issues in all areas of the City through development and appropriate facilities to hold and treat runoff. Utilize existing wetlands and low areas to the extent possible for stormwater retention. ° Comprehensive Plan 2018 „ City of Oak Park Heights Page 37 LAND USE - LAND USE PLAN 4. Work with Washington County and the Watershed Districts with ongoing stormwater projects and recycling programs. 5. Utilize Best Management Practices for addressing stormwater runoff and retention. 6. Encourage alternative energy sources such as solar and wind energy in appropriate areas of the City. 7. Extend utilities, as necessary, with annexation to address environmental issues associated with development outside of the City boundaries. Sustainability The City of Oak Park Heights has recognized the importance of the conservation and preservation of water, air, energy and other natural resources in order to achieve a more sustainable community. It is recognized that there are four areas in which the City can preserve natural resources and ensure that development recognizes the value of environmental protection. An effective implementation program includes the work of commissions, ordinance updates, permitting and other regulatory mechanisms; design guidelines and performance standards; public education and involvement; and intergovernmental cooperation. The following implementation items are to be pursed: 1. Implement sustainable development practices into the design, construction and operation of City facilities as feasible. 2. Work with developers to apply sustainable building practices in private sector development and redevelopment. Utilize utility-sponsored renewable energy and conservation programs where possible in development projects. 3. Continue to expand and promote the City sidewalk and trail system to encourage an alternate form of transportation not dependent upon motorized vehicle use. 4. Work with the Metropolitan Council on expanding the transit service to Oak Park Heights and the St Croix Valley area. 5. Work on the development of an environmental awareness program that is designed to educate and inform residents and developers on energy efficiency and utilization of renewable energy sources. 4<, • Comprehensive Plan 2018 City of Oak Park Heights Page 38 LAND USE - LAND USE PLAN 6. Develop a City policy on conservation of energy, to be used at all City facilities and by all employees that can be used as a model for the rest of the community. 7. Continue developing programs for recycling, reuse and composting as well as the education of citizens and businesses on waste reduction. 8. Work with the contracted waste hauler on alternatives to reducing the amount of material that will be land filled. ANNEXATION The City's policy toward annexation is consistent with the 2008 Comprehensive Plan. It is recognized, just as it was in 2008, that the City will not aggressively pursue areas of annexation from the Townships or because of detachment/annexation from one of the adjoining cities. As part of the planning process, the City has identified one area that potentially could become part of the City in the next 20 years. The property is identified in the Future Annexation Plan, found on the following page. The City would consider this area for annexation if petitioned by the property owners and if the affected jurisdiction was willing to detach the property. The first area is at the intersection of Highway 36 and Manning Avenue. The property is recognized as having value for commercial development if utilities were provided by Oak Park Heights. The City would be able to service the property with sewer and water. Comprehensive Plan 2018 City of Oak Park Heights Page 39 LAND USE - LAND USE PLAN INSERT FUTURE ANNEXATION PLAN Comprehensive Plan 2018 «, ., City of Oak Park Heights Page 41 LAND USE - LAND USE PLAN LAND USE COMPATIBILITY Land use compatibility concerns exist, primarily in the older sections of the community, within the Village area, in the area near the St. Croix Mall, and along 58th Street. High density residential or commercial development adjacent to single family neighborhoods can intensify unwanted activity in the area and impose impacts on parking, traffic and noise that may be uncharacteristic of single family neighborhoods. To respond to these land use compatibility concerns, the Comprehensive Plan establishes a policy of screening, landscaping and buffering commercial establishments near or within residential areas to minimize the impact on surrounding uses and enhance the neighborhood and community. The City, through its Comprehensive Plan, may determine that certain businesses should be relocated out of a neighborhood, or a collection of homes no longer functions as a neighborhood and the area would be better suited for higher intensity uses. Such redevelopment efforts are costly and in most cases, may need to be accomplished with the assistance of the City or its Economic Development Authority. Additionally, the Comprehensive Plan calls for the proper transition between high and low density residential development. The City, through its plan and Zoning Ordinance, shall transition residential development so as not to create negative living environments. Concentration of one type of housing style or density can also create issues for the proper development of neighborhoods. HISTORIC PRESERVATION The City has identified two sites deemed historic within the physical profile section of the Land Use Plan. These sites, Phil's Tara Hideaway and the Stillwater Overlook have been recognized as historic in the community. The City will continue to work with the Minnesota Department of Transportation (Mn/DOT) on preservation and maintenance of the overlook on Lookout Trail North. Phil's Tara Hideaway is in use today as a restaurant and bar. The City will work with the property owners to ensure that the original log cabin look is preserved. Due to the limited number of historic structures and sites, the City does not anticipate the need for a preservation ordinance or establishment of a historic preservation commission. Comprehensive Plan 2018 �Nc y City of Oak Park Heights Page 43 LAND USE - LAND USE PLAN SOLAR ACCESS PROTECTION AND ALTERNATIVE ENERGY SYSTEMS Ensuring that all properties have equal access to sunlight is a priority not only for potential solar energy systems, but for the protection of property and aesthetic values as well. Solar access protection is provided for by the uniform implementation of lot and building performance standards adopted as part of the Oak Park Heights Zoning Ordinance. Requirements such as maximum building height and yard setback standards have been implemented for creating separation between structures and allowing equal sunlight access such that a property is not in the shadow of an adjacent building. Additionally, the City adopted alternative energy system regulations on 2010 to promote and encourage ground source heat pump, wind and solar energy systems. HOUSING Residential The Policy Plan promotes the development of a diversified housing stock which is affordable to a wide range of incomes. The plan also establishes guidelines to protect residential neighborhoods from encroachment or intrusion of incompatible, higher intensity uses through the use of buffers and appropriate land use transitions. For the most part, Oak Park Heights has followed a traditional residential growth pattern with growth emanating outward from the St. Croix River and Highway 36. As previously indicated, the community is almost completely built out in terms of residential development. The addition of housing units will be through small infill projects. The table on the following page indicates the total housing units from 1990 to 2016. The number of single family homes has increased from 1990 and 2016, but as a percentage of the total numbers of units, it has decreased from 47.3 percent to 34.4 percent in 2016. The number of multiple family units has increased significantly, and as a percentage of the total housing units has gone from 38.2 percent to 48.3 percent. This rise in multiple family units has resulted from the development of Boutwells Landing and Oak Park Senior Living that has provided needed housing in the area at all price ranges. 4IL Comprehensive Plan 2018 City of Oak Park Heights Page 45 LAND USE - LAND USE PLAN OAK PARK HEIGHTS TOTAL HOUSING UNITS 1990 Percent 2000 Percent 2010 Percent 2016 Percent of Total of Total of Total of Total Single Family 663 47.3 790 49.8 805 38.1 802 34.4 Detached Townhomes Single 64 4.5 134 8.5 264 12.5 268 11.5 Family Detached Duplex, Triplex, Quad 126 9.0 138 8.7 134 6.3 134 5.8 Multiple Family (5 units 535 38.2 525 33.0 912 43.1 1,124 48.3 or more) Other 10 1.0 - - - - - Total 1,398 100% 1,587 100% 2,115 100% 2,328 100% Source: U.S. Census, Metropolitan Council The table as follows indicates the owner occupied, renter occupied and vacant housing. In 1990, the percent of owner occupied housing was 59.2 percent versus 35.3 percent rental occupied. With the significant increase in senior rental housing, the owner- occupied housing declined to 44.6 percent and the renter occupied housing increased to 46.0 percent of the total. The amount of vacant housing has remained relatively consistent over the past 25 years. OAK PARK HEIGHTS OWNER OCCUPIED, RENTER OCCUPIED AND VACANT HOUSING 1990 Percent 2000 Percent 2010 Percent 2015 Percent of Total of Total of Total of Total Owner Occupied 828 59.2 1,054 66.7 1,070 52.5 1,031 44.6 Renter Occupied 494 35.3 474 29.9 772 37.9 1,063 46.0 Vacant 76 5.5 53 3.4 197 9.6 218 9.4 Total 1,398 100% 1,581 100% 2,039 100% 2,312 100% Source: U.S. Census, Metropolitan Council The table below indicates the change in median housing value and median gross rent from 1990 to 2015. OAK PARK HEIGHTS MEDIAN HOUSING VALUE AND MEDIAN GROSS RENT 1990 2000 2010 2015 Median Housing Value $85,300 $148,400 $226,900 $201,700 Median Gross Rent $482 $614 $950 $1,398 Source: U.S. Census, Metropolitan Council Comprehensive Plan 2018 City of Oak Park Heights Page 46 LAND USE - LAND USE PLAN As follows, please find a 2017 inventory of multiple family, condominium, townhouse and duplex units in Oak Park Heights. 2017 OAK PARK HEIGHTS INVENTORY OF MULITPLE FAMILY, CONDOMINIUM, TOWNHOUSE, AND DUPLEX UNITS Name Address Number of Units Multiple Family(10 units or more) Oakgreen Commons 13936 Lower 59th Street 120 Presbyterian Homes Care Center 13575 58th Street 108 Presbyterian Homes 5590 Norwich Parkway 101 Presbyterian Homes 5610 Norwich Parkway 101 Ramie Johnson Estates 14830 58th Street 96 TIC Properties 6060 Oxboro Avenue 86 Oak Park Associates 6120 Oxboro Avenue 72 Oakgreen Senior Villas 13945 Upper 58th Street 62 Oak Park Senior Living 13865 58th Street 62 Sunnyside Apartments 6120 Oxboro Avenue 59 Heartland Stillwater 14850 62nd Street 51 Presbyterian Homes 5450 Nolan Parkway 46 St. Croix Crossing Apartments 14843-14847 60th Street 45 Oak Park Senior Apartments 13924 Lower 59th Street 30 Presbyterian Homes 5350 Nolan Parkway 20 Presbyterian Homes 5260 Nolan Parkway 12 Other(Less than 10 units) 60 Condominium (10 units or more) Sunnyside II Homeowners 6351 St. Croix Trail 33 Fox Hollow East 14937 60th Street 29 Sunnyside II Homeowners 6375 St. Croix Trail 26 Other(Less than 10 units 174 Townhouses Total Townhouse Units 225 Duplexes Total Duplex Units 54 Source: City of Oak Park Heights • Comprehensive Plan 2018 City of Oak Park Heights Page 47 t1 LAND USE - LAND USE PLAN Livable Communities In 1996, the City adopted a Livable Communities Action Plan in conformance with the Metropolitan Livable Communities Act to address housing issues. The housing plan encourages the development and maintenance of affordable and life cycle housing in the City of Oak Park Heights. Additionally, the plan establishes housing goals and policies that are to be implemented by specific programs, initiatives, and actions. Those initiatives are directed specifically to provisions of additional affordable units, housing demand and housing maintenance/rehabilitation. The issues of housing demand and maintenance are addressed below. Housing cost burden from 1990 to 2015, as reflected by numbers of households spending more than 30 percent of income on housing, is reflected below for homeowners and renters. OAK PARK HEIGHTS HOUSING COST BURDEN 1990 2000 2010 2015 Homeowners Spending 143 206 428 208 30 Percent or more on Housing (Households) Renters Spending 30 170 197 468 689 percent of more on Housing (Households) Source: U.S. Census, Metropolitan Council The Average Median Income (AMI) is the midpoint of a regions income. Half of households in a region earn more than the median and half earn less than the median. The Metropolitan Council uses these income levels as a way to assess affordability. For example, a housing unit is affordable if a household income is at or below 80 percent of AMI, then the persons of the household can live there without spending more than 30 percent of their income on housing costs. The table below indicates the current affordability levels. OAK PARK HEIGHTS HOUSING UNITS AFFORDABLE TO HOUSEHOLDS WITH INCOME AT OR BELOW AREA MEDIAN INCOME (AMI) 30 percent 31 percent to 51 percent Below 80 or below 50 percent to 80 percent percent AMI Oak Park Heights Source: Metropolitan Council Comprehensive Plan 2018 City of Oak Park Heights Page 48 LAND USE - LAND USE PLAN The Metropolitan Council has forecasted affordable housing needs for all cities and townships within the Twin Cities Metropolitan Area for the period from 2021 to 2030. The housing plan element of the local comprehensive plan is required to reflect the allocated portion of the forecasted demand for affordable housing. Oak Park Heights' share of this allocation is 74 affordable housing units. The table below indicates the affordable housing need allocation at or below 30 percent Area Median Income (AMI), from 31 percent to 50 percent AMI, and from 51 percent to 80 percent AMI. The City of Oak Park Heights remains committed to reaching this initiative. With the continued development of affordable senior housing, it is expected that this goal will be reached. OAK PARK HEIGHTS AFFORDABLE HOUSING NEED ALLOCATION At or Below 30 Percent AMI 33 From 31 Percent to 50 Percent AMI 11 From 51 Percent to 80 Percent AMI 30 Total Units 74 Note: AMI = Area Median Income Source: Metropolitan Council Housing Demand With ongoing commercial development and job growth in the St. Croix Valley, the demand for housing will remain strong. This demand will promote the infill development and possible redevelopment expected in the community. Much of the existing housing stock in Oak Park Heights is assessed at less than the market value of new housing in the area. As a result, the community provides a wide range of rental and ownership options for affordable housing. Newer residential construction over the past decade has been moderate to higher value housing resulting in a community with a wide range of housing options. The City of Oak Park Heights has a role in development of a housing program for the community. The City's basic roles of providing adequate/appropriately zoned land and services is critical. The City must also be supportive of the Washington County Housing and Redevelopment Authority (HRA) and its housing programs and funding sources to bring about new construction, redevelopment, and rehabilitation where it will do the most good to improve existing neighborhoods. Redevelopment of substandard properties, creation of lots for affordable housing or working with local financial Comprehensive Plan 2018 City of Oak Park Heights Page 49 LAND USE - LAND USE PLAN institutions on programs for first time homebuyers are continuing programs for the Washington County HRA with the City's support. Housing Maintenance/Rehabilitation Generally, Oak Park Height's housing stock appears to be in good condition, but there are areas in the community where some homes show signs of deterioration. Additionally, problems have been noted with regard to unsightly appearance and outdoor storage on some residential lots in the City. To insure quality neighborhoods and to maintain property values, the City continues to take steps to improve residential areas exhibiting signs of neglect. The City should consider the formulation and enforcement of housing and ground maintenance regulations with specific attention to building conditions, outdoor storage, and accessory uses. Effective enforcement of these regulations is necessary and an ongoing responsibility of the City. The community has been and continues to be supportive of rehabilitation programs for existing dwelling units. Rehabilitation programs have been available through the Washington County HRA. The City should continue to promote these programs, consider establishing a local revolving fund for rehabilitation loans emphasizing low interest loans to qualifying households, and to continue enforcement of existing codes and regulations related to home and site maintenance and upkeep. PROPOSED LAND USE MAP The City of Oak Park Heights is designated as a "Suburban" in the Thrive MSP 2040 regional planning document adopted by the Metropolitan Council in 2014. Under that classification, the overall density expectation is five units per acre. Previously, the City had been designated as a "Developing Community" as part of the 2008 Comprehensive Plan Update. The Proposed Land Use Map on the following page illustrates the 2040 land use for areas within the current boundaries of the City. The map does not vary significantly from the Existing Land Use Map in that the City is almost completely developed. A detailed discussion of the neighborhoods and commercial areas of the community is found in detail within the Neighborhood Planning Districts section of this plan. Comprehensive Plan 2018 City of Oak Park Heights Page 50 LAND USE - LAND USE PLAN PROJECTED LAND USE ACREAGE AND RESIDENTIAL DENSITY Based upon the Proposed Land Use Map, the City has calculated the projected acreage of land use from 2017 to 2040 in five-year increments. The existing vacant, undeveloped land area in the City as of 2017 is 56 acres. Most of the projected development is expected for commercial, highway business, low density residential, medium density residential, and high density residential land uses. It is projected that this development will occur prior to 2025. The table on the following page provides the projected land use by category. As of 2017, there were 265 acres of low density residential, 62 acres of medium density residential, and 80 acres of high density residential land use. These acreages include only the land area devoted strictly to that use. All of the areas of waterbodies, wetlands, parks and open space, right-of-way, and other undeveloped land has been removed from these totals. Comprehensive Plan 2018 City of Oak Park Heights Page 51 LAND USE - LAND USE PLAN INSERT PROPOSED LAND USE MAP Y� ' Comprehensive Plan 2018 City of Oak Park Heights Page 52 LAND USE - LAND USE PLAN The resulting density in 2017 for each of these land use is as follows: the low density residential density is 1-3 units per acre; the medium density residential density is 4-8 units per acre; and the high density residential density is 8-12 units per acre. LAND USE TABLE IN FIVE YEAR STAGES Existing Proposed Acreage Change Acreage 2017- 2 017 2020 2025 2030 2035 2040 2040 Low Density (1-3 units/acre)] 265 269 272 272 272 272 7 Medium Density (4-8 units/acre) 62 62 67 67 67 67 5 Hi•h Densi (8-12 units/acre) 80 80 85 85 85 85 5 Commercial 212 223 231 231 231 231 19 Highway Business 74 83 91 91 91 91 17 Industrial 170 170 170 170 170 170 0 f School Facilities 128 128 128 128 128 128 0 Quasi-Public/Utility 11 11 11 11 11 11 0 Government 192 192 192 192 192 192 0 Park Facilities/Open Space 140 140 140 140 140 140 0 Water 133 133 133 133 133 133 0 Vacant 56 32 3 3 3 3 53 Right of Way 349 349 349 349 349 349 0 TOTAL LAND/WATER AREA 1,872 1,872 1,872 1,872 1,872 1,872 0 Source: The Planning Company, Inc. Comprehensive Plan 2018 `„ `' 4' City of Oak Park Heights Page 53