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HomeMy WebLinkAbout2022-08-24 CPC Packetillwaftr The Birthplace of Minnesota 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: Planning Commission meetings are streamed live on the city website and available to view on Channel 16. Public can participate by attending the meeting in person at City Hall in the Council Chambers, 216 4th St N, by logging into https://stillwater-mn.zoomgov.com/j/1608779021 or by calling 1-646-828-7666 and enter the meeting ID number: 160 877 9021 PLANNING COMMISSION MEETING Revised August 24th, 2022 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPOINTMENT OF VICE -CHAIR IV. APPROVAL OF MINUTES 1. Possible approval of minutes of June 22nd, 2022 regular meeting minutes 2. Possible approval of minutes of July 27th, 2022 regular meeting minutes V. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VI. CONSENT AGENDA (ROLL CALL) - All items listed under the consent agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion on these items unless a commission member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. VII. UNFINISHED BUSINESS VIII. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and act on the proposed item. 3. Case No. 2022-19: Consider Request for Conditional Use Permit for Myrtle Street Apartments at 107 3' St S; Case of Landucci Homes. 4. Case No. 2022-53: Consider Request for Conditional Use Permit for Medical Office Building at 29XX Curve Crest. 5. Case No. 2022-56: Non -Residential Use Table Amendment — Amend Campus Research District to include Medical Offices. 6. Case No. 2022-57: Ordinance Amending Accessory Structure Regulations (sizes for larger lots, home offices/recreation rooms, remove conflicting language). Sec 31 304 Sec 31 306 Sec 31 308 Sec 31 314 — item moved to the September agenda. 7. Case No. 2022-58: Official Zoning Map Amendment — Neighborhood Commercial District 8. Case No 2022-62: Lumberjack Landing Trail Addition Preliminary/Final Plat DISCUSSION IX. X. XI. FYI — STAFF UPDATES ADJOURNMENT ilivater THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES June 22, 2022 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Knippenberg, Steinwall, Swanson, Councilmember Odebrecht (via Zoom) Absent: None Staff: Community Development Director Gladhill, Assistant Planner Gutknecht APPROVAL OF MINUTES Possible approval of minutes of May 25, 2022 regular meeting Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to approve the minutes of the May 25, 2022 meeting. Motion passed 6-0-1 with Commissioner Swanson abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. 2022-28, Resolution adopting Written Findings for Denial of a Variance to Exceed the Maximum Allowable Garage Area of 1,000 Square Feet at 7155 Melville Court North, Stillwater, Minnesota Case No. 2022-26, Variance to the allowed impervious surface coverage in order to construct a deck. Property located at 3490 87th St N in the TR district. Paul and Luane Bruggers, property owners. Case No. 2022-30, Variance to the sideyard setback for an addition/remodel. Property located at 1204 4th Ave S in the RB district. Katie Kangas, applicant and Michael and Nicole Willenbring, property owners. Motion by Commissioner Cox, seconded by Councilmember Odebrecht, to adopt the Consent Agenda. Motion passed 6-0-1 with Commissioner Swanson abstaining. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2022-36: Consideration of a Variance for an addition. Property Located at 1792 Greeley St S in the BP -I District. Chris Hassis, Property owner. Assistant Planner Gutknecht explained that the property owner/applicant is requesting a Variance to the Sideyard (Interior) Setback in order to construct an 8,500 square foot addition to the west of the existing building, to create a space for body technicians and detail departments to increase efficiency; no new services are being added. The applicant is also requesting a deviation from the design standards required for the West Stillwater Business Planning Commission June 22, 2022 Park area for the 85' x 104' pole building type constructed building with "Pro -rib steel panel" walls and roof. The existing building, consistent with design standards, appears to be a combination of painted block work area with a styled front office with stone veneer and lap siding, but is currently nonconforming in regard to the side yard setback. The required sideyard setback for the addition is 20 feet. The owner is proposing a 3.7-foot setback, to match the existing building's nonconforming setback. Staff recommends that Planning Commission approve the requested 3.7-foot sideyard setback variance and deny the requested deviation to the required design standard for lack of practical difficulty being shown. Chris Hassis, owner of Hassis Paintworks, showed photos of neighbors' buildings which have the same siding as proposed. He stated he is willing to apply another siding material on the 15- foot portion of the new building that is exposed to the road. Tom, builder from Sunnyside Construction, showed a panel of an alternative material, adding that the cost of upgrading to a potentially conforming material would be $100,000 not considering potential engineering issues that may be caused by the additional weight. He stated that the building is hidden from the road. Councilmember Steinwall asked if there are options to match the existing building. Tom replied that using siding matching the current building would cost more than $1-2 million, a very big hardship. Community Development Director Gladhill stated that the panel shown would not comply with the minimal design guidelines in the West Business Park area. He will work with the applicant to find alternative solutions. Chair Dybvig opened the public hearing. A person identified as BP Gas (via Zoom) asked what is the nature of the expansion? Mr. Gutknecht replied it is to create more space for the existing business operation but not expansion. Chair Dybvig closed the public hearing. Commissioners Hoffman and Steinwall remarked that the setback variance is reasonable but the Commission cannot grant a variance to design standards for economic reasons. Motion by Commissioner Steinwall, seconded by Commissioner Cox, to approve Case No. 2022- 36, Variance to sideyard setback for an addition at 1792 Greeley St S, with the typical staff - recommended condition stating that any changes must come back to the Planning Commission for review. All in favor. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to deny Case No. 2022- 36, Variance to West Stillwater Business Park District Design Standards for an addition at 1792 Greeley St S, based on the Planning Commission's inability to grant variances based on economic hardship. All in favor. Mr. Gladhill stated staff will contact the applicant about possible economic development tools. Case No. 2022-37: Consideration of a Variance for the construction of a deck. Property located at 424 Grove St S in the RA District. Ronald Cardinal and Stacy Franklin. property owners. Mr. Gladhill reviewed the case. Ronald Cardinal and Stacey Franklin are requesting a Variance to allow a deck within the corner side yard setback of 30 feet. The existing home is considered a lawful nonconforming use due to a deficient setback. The approximately 272 square foot Page 2 of 7 Planning Commission June 22, 2022 deck is proposed to be 15.5 feet from the side property line abutting Pine Street West. Staff finds the requested variance is not in harmony with the general purposes and intent of the zoning code, is not consistent with the Comprehensive Plan, nor has practical difficulty been established. Therefore, staff recommends denial of the application. Commissioner Steinwall asked if there are alternatives to the design. Mr. Gladhill replied that the deck could be accessed from the exterior without the need for the 4' walkway, though it may not be convenient. Ron Cardinal, property owner, stated from the current wall to the property edge is 34' rather than 15.5', so the 4' walkway would still be 30' back and would be behind a green area, a sidewalk, and 13' of trees and bushes. Due to roof height, this is the only method of getting to the deck. Mr. Gladhill stated that a survey has not been provided but he is confident that the existing setback is 10-12' measured from aerial photos, or about 20' at most, and Mr. Cardinal disagreed. Chairman Dybvig opened the public hearing. There were no public comments. Chair Dybvig closed the public hearing. Commissioner Steinwall suggested tabling the case to allow the applicant and the City time to determine the existing setback. Commissioner Cox pointed out that staff has also said the proposed variance would alter the essential character of the neighborhood which is a concern. Motion by Commissioner Cox, seconded by Commissioner Swanson, to deny Case No. 2022-37, Variance for the construction of a deck at 424 Grove St S. All in favor. Case No. 2022-38: Consideration of a re -subdivision. Property located at 805 Hickory St W in the RB district. Daved Najarian, property owner. Mr. Gutknecht stated that the applicant is requesting to split their lot into two lots. The existing residence is located on the east side of the lot and consists of a dwelling, detached garage, shed, and patio. The west portion of the lot is vacant. The proposal would split the existing 15,758 square foot parcel into an 8,059 square foot parcel (Parcel A) and a 7,699 square foot (Parcel B). Parcel A would contain the existing residence; a new single-family home is proposed for Parcel B. Staff recommends approval of the lot split with four conditions. Commissioner Steinwall asked if the 27% structural impervious surface coverage noted in the staff report for Parcel A would be after subdivision, and Mr. Gutknecht stated yes. Commissioner Cox asked if the planned removal of the hot tub and patio would get the property below the 25% maximum impervious surface coverage, and Mr. Gutknecht replied the impervious calculations on the survey did not include the hot tub or patio. Mr. Gladhill added that staff can work this out administratively so a lot coverage variance would not be required. Daved Najarian, property owner, said he is open to adjusting the amount of coverage. Chair Dybvig opened the public hearing. There were no public comments. Chair Dybvig closed the public hearing. Page 3 of 7 Planning Commission June 22, 2022 Motion by Commissioner Cox, seconded by Commissioner Hoffman, to approve Case No. 2022-38, re -subdivision of property located at 805 Hickory St W in the RB district, with the four conditions recommended by staff, adding Condition #5 stating the applicant must meet the 25% impervious surface coverage on Parcel A. All in favor. Case No. 2022-41: Consideration of Preliminary Plat, Final Plat, Conditional Use Permit for new Retail Development at 2001 Washington St, Mikden of Stillwater, LLC, property owners. Mr. Gladhill stated that the City has received a series of applications in order to facilitate the infill development of two retail parcels along the south property line of 2001 Washington Ave. referred to as the former Herberger's Site. The process is complicated as a portion requires City Council approval while a portion can be approved by the Planning Commission. Given the split approval authority, the Planning Commission may want to refer all final actions to the City Council with recommendations. From an Economic Development Goal and Policy standpoint, staff supports the request. However, staff has potential concern about traffic safety and congestion internal to the site as well as the surrounding public roadway system, and has requested a traffic study from the applicant to better understand the impacts of this additional development on existing infrastructure. Staff would also recommend a traffic study to model future levels of service at both entrances along Washington Avenue as well as the intersection of Washington Avenue and West Frontage Road. Staff fully supports approval of Lot 2 (Caribou) as it complies with applicable Zoning Code Requirements. Staff desires additional feedback and direction from the Planning Commission before supporting Lot 3 (future development) as it relates to future improvements to West Frontage Road and Washington Avenue. Councilmember Odebrecht asked about the 60 day clock, and in regard to the PUD, what are Public Works Director Sanders' thoughts on solving what will be an obvious safety issue? Mr. Gladhill replied the 60 day clock will likely need to be extended. He said Public Works Director Sanders shared concerns about the intersection and avoiding a situation where the City must buy property in the future, but Mr. Sanders had stated it wouldn't be fair to hold up Caribou Cabin because there is not a plan yet. He said that Public Safety staff voiced concern about the interior traffic circulation and stacking, and their recommendation is that until there is an internal traffic study, they don't feel comfortable recommending approval. Commissioner Steinwall noted that the Commission must hold a public hearing on the PUD. Secondly this public hearing was noticed for both the preliminary plat and final plat and she didn't see any materials with respect to the final plat. She added that City ordinance and state statute requires review by MnDOT and the County. Mr. Gladhill answered that the project has been sent to MnDOT for review, including how it fits with the development occurring on the south side of Hwy 36 in Oak Park Heights. No County roads are involved so the County need not review. Commissioner Swanson asked when the frontage road will be improved. Mr. Gladhill replied is it not in the City's CIP at this point. When preparing the 2023 budget, staff will request some planning dollars for a transportation study for this intersection. Commissioner Cox asked, if some of the retention pond is taken away, is that a concern for impervious surface coverage? Mr. Gladhill replied it is absolutely a concern and staff has had a conversation with Brown's Creek Watershed District. Stormwater management is noted on the site plan for Caribou Cabin Page 4 of 7 Planning Commission June 22, 2022 and a future site. The future frontage road will require a reconfiguration of stormwater ponds, however the City can't hold up a project that meets all the zoning standards. Michael Givens, part of the ownership and management of Mikden of Stillwater, stated it has taken a year to get to this point and Caribou's patience is waning as the developers struggle to get answers on the future frontage road and MnDOT's intent with the corridor. One of the three lots proposed is laid out where the frontage road would run through, and Caribou Cabin has been positioned far enough off what could be a future intersection. With DiaSorin warehouse and Harbor Freight being the existing tenants, there is currently very little traffic on the site. There are 652 parking stalls on the site so it is over -parked currently. Commissioner Cox asked how current traffic would move into the Caribou Cabin area and out onto the street. Mr. Givens replied that most traffic will enter and exit the main entrance to the property which is the second entrance to the north. This will keep the drive -through stack off the front of the building. Mr. Gladhill added that the southern entrance onto Washington is currently shown as right -in, right -out. Public Safety staff recommends that it be ingress only; they don't want traffic to exit there and then U-turn. The plan is to have a continuous frontage road and not dead-end. Commissioner Steinwall asked if a parking calculation has been done assuming a more intensive use that might take place going forward. Mr. Gladhill replied that the site went from retail, which has the most intense parking requirements, to warehouse. If a more intense use came forward, a review would be required at that time. Staff recommends moving forward with Caribou Cabin and the site plan. The PUD for the second lot can be addressed when more is known about the frontage road and Washington Avenue. Mr. Givens added that the warehouse has a five year lease that began June 1, 2022, with two five year options to extend. It is difficult to provide a legitimate traffic study without knowing what the second user will be. Chair Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Commissioner Swanson acknowledged it is a nice location for a retail improvement but a very tricky traffic situation. There is a median so there will be more controlled egress but he has concerns about U-turns. Commissioner Cox also voiced traffic concerns. She would favor moving forward with Caribou/Lot 2 and not addressing Lot 3 until there is a new business proposal for that space. Commissioner Steinwall said she understands the property owner has been working with Caribou for some time but the Commission is not in a position to grant a CUP for a drive - through without further info about traffic. Secondly, if Lot 3 is to be addressed later, then a new preliminary plat is needed because tonight's materials address three lots and an outlot. Third, final plat approval is premature without further info about internal traffic flow and impacts of this particular use of this corner. Councilmember Odebrecht suggested referring the case to the Council to get Public Works engaged and come together with a more cohesive concept. Page 5 of 7 Planning Commission June 22, 2022 Commissioner Steinwall disagreed, stating the Planning Commission has a duty to make recommendations to the Council. Mr. Givens noted that they plan on retaining all these lots long into the future. On the third outlot, they are only asking to create the lot at this point. Its future use would have to come back through the Commission and the Council at a later date. Mr. Gladhill recognized that it is not 100% certain that that reserved outlot provides sufficient right of way. In terms of the second lot for a future user, he said if the Commission grants plat approval, it is giving certain entitlement. His role is to help businesses and find solutions. Chair Dybvig pointed out the Commission is providing a recommendation on the plat, and making a decision on the CUP. Approval of the CUP for Lot 2 would allow them to have the drive -through and the Commission could add the strong statement that if future uses proposed for Lot 3 generate any traffic issues such as a drive -through, it would be more appropriate to do a traffic study at that point. Commissioner Steinwall said, given the number of issues in play, the Commission should wait for comments from MnDOT before sending the case on to the Council. Motion by Chair Dybvig, seconded by Commissioner Knippenberg, to recommend that the City Council approve Lot 2, and to raise concern about Lot 3 in that there doesn't appear to be a road or a street for an access point. Motion passed 6-1 with Commissioner Steinwall voting nay. Motion by Commissioner Steinwall, seconded by Councilmember Odebrecht, to table action on the CUP until the July Planning Commission meeting. Motion failed 2-5 with Commissioners Swanson, Hoffman, Knippenberg, Cox and Chair Dybvig voting nay. Motion by Commissioner Cox, seconded by Commissioner Hoffman to approve the CUP for a drive - through on Lot 2 contingent on the plat being approved. Motion passed 6-1 with Commissioner Steinwall voting nay. Case No. 2022-43: Interim Use Permit Ordinance. Mr. Gladhill explained that as the City evaluated long-term policy on outdoor uses such as outdoor seating/dining and outdoor events following two years of relaxed rules during the COVID-19 Pandemic, the City learned how these uses might be able to be expanded long-term and administered in a better way. The City Council has already addressed events and outdoor seating in public spaces. This ordinance focuses on events and outdoor seating on private property. Currently, outdoor seating/dining and outdoor events on private property is allowable as a Conditional Use in most areas of the City. Conditional Uses are allowable uses that require Planning Commission approval (not an administrative/staff approval); the Planning Commission can attach reasonable conditions to mitigate reasonable concerns. The struggle the City has had with this approach in the past is that once approved, the approval is perpetual with the land and does not expire unless there is a violation of the terms of the agreement. The approval transfers to future owners. Often the City finds a particular request reasonable at the time, but isn't comfortable with a perpetual approval. In response, the City Council directed staff to introduce a new tool known as an Interim Use Permit. This essentially functions as a Conditional Use Permit, but will expire. The expiration can be tied to a specific date or an event in time. Interim Uses are essentially authorized by Statute to address uses that may be acceptable under Zoning Code today, but may not be acceptable in the future. This draft ordinance also streamlines administration after initial approval. The initial Interim Use Permit Page 6 of 7 Planning Commission June 22, 2022 approval must be granted by the Planning Commission. From there, annual renewals may be processed administratively. Chair Dybvig noted that if the use is discontinued for three months, the IUP expires three months following the date that it is no longer in use. He questioned how this would work in light of outdoor dining which cannot take place in the winter. Mr. Gladhill replied staff can work with the City Attorney to craft language to cover wintertime breaks in use. Commissioner Steinwall suggested the ordinance be rewritten so it states that the interim use permit terminates on change of ownership. She also voiced concern about renewals. Mr. Gladhill explained the IUP is not like a license that must be renewed every year - it is intended to continue for a little longer by design. Chair Dybvig noted that, since violation of any condition set forth leads to revocation, if there are no problems with outdoor event, perhaps it should not require review every 10 years. If there is a lapse of a year, the use would have to come before the Commission as a new use. He also stated a public hearing should take place. Chair Dybvig opened the public hearing and there were no public comments, so he closed the public hearing. He recapped discussion, stating that the Commission is recommending the addition of a time limit, an expiration for non-use, expiration with a change in ownership, and that it could be by event versus by date. Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to recommend the City Council adopt an Interim Use Permit Ordinance, Case No. 2022-43, recommending those four items discussed above. All in favor. NEW BUSINESS There was no new business. DISCUSSION Chair Dybvig noted that the Commission will need to elect Vice Chair at the next meeting. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Knippenberg, seconded by Councilmember Odebrecht, to adjourn the meeting at 9:26 p.m. All in favor. ATTEST: John Dybvig, Chair Tim Gladhill, Community Development Director Page 7 of 7 ilivater THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES July 27, 2022 REGULAR MEETING 7:00 P.M. Commissioner Steinwall called the meeting to order at 7:00 p.m. Present: Commissioners Cox, Hoffman, Knippenberg, Steinwall, Swanson Absent: Chairman Dybvig and Councilmember Odebrecht Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, City Attorney Land APPOINTMENT OF VICE CHAIR Motion by Commissioner Hoffman, seconded by Commissioner Cox, to elect Commissioner Steinwall as Vice Chair. Motion passed 4-0-1 with Commissioner Steinwall abstaining. APPROVAL OF MINUTES Possible approval of minutes of June 22, 2022 regular meeting Vice Chair Steinwall noted that staff informed the Commission that the wrong edition of the minutes was posted, so staff requests action on the June minutes be postponed until August. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. 2022-36, Resolution Adopting Written Findings for Approval in Part and Denial in Part of Two Variances at 1792 Greeley Street South, Stillwater, Minnesota Case No. 2022-37, Resolution Adopting Written Findings for Denial of a Variance at 424 Grove Street South, Stillwater, Minnesota Motion by Commissioner Cox, seconded by Commissioner Hoffman, to adopt the Consent Agenda. All in favor. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2022-48: Consideration of an ordinance amending Chapter 31 of the City Ordinance, as it pertains to medical cannabis, cannabidiol (CBD) products and hemp growing and performance standards. City Attorney Land gave background on the proposed ordinance and new State laws surrounding the sale of CBD products. Any product containing over .3% THC is prohibited by Federal law as recreational marijuana. Last fall the City of Stillwater began looking at regulating the sale of these products. In May the State Legislature included a law allowing CBD products in the Health and Human Services bill. The Ordinance as proposed allows intoxicating Planning Commission July 27, 2022 CBD products to be sold only at an exclusive store, making it easier to control. Non intoxicating CBD products may be sold anywhere. The exclusive stores are limited to the Business Park districts (commercial, industrial and office), and performance standards must be met. The two existing CBD stores which are downtown would be legal nonconforming uses that could remain but would not be allowed to grow in inventory or products. Vice Chair Steinwall asked if "up to 5 mg of THC" is the same as .3%. City Attorney Land replied that .3% THC is different than the 5 mg per serving of THC. The City will rely on the labeling that every product must have indicating what percent of THC is in the product and how many mg of THC are in the serving. Vice Chair Steinwall noted that the recommended ordinance says hemp growing is allowed in the AG zone but requires 200 contiguous acres. She asked if there is such a place in Stillwater. Community Development Director Gladhill replied that the AG preserve district is shrinking in size and he doubts there is such an area in the City. Ms. Land added that the intent is also to prevent growing hemp in backyards or change over small farms to hemp. Vice Chair Steinwall opened the public hearing. Lynn Wachtler, 275 Third St S, nurse practitioner (via Zoom) said she doesn't believe she was counted in the number of CBD retailers. She explained the therapeutic value of CBD and said it is important for citizens to have access to quality CBD. She stated she has a degree in cannabis science and medicine and takes selling CBD very seriously. She would like the ordinance to include a number of mg that is allowed. Vice Chair Steinwall closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Hoffman, to recommend the City Council approve Case No. 2022-48, an Ordinance Amending City Code Chapter 31, Section 31- 101, Section 31-325, Section 31-315, Regarding Medical Cannabis, Cannabidiol (CBD) Products and Hemp Growing and Section 31-514.1 Regarding Performance Standards for Cannabis -Related Uses. All in favor. Case No. 2022-44: Consideration of a Variance for the construction of a Deck exceeding the allowable impervious surface. Property located at 1830 White Pine Court. Assistant Planner Gutknecht reviewed the case. David and Kristal Richards, the applicants and property owners, are requesting a Variance to the maximum allowable impervious surface of 25%, to allow total impervious surface of approximately 31.6% in order to construct a 216 square foot deck. The existing impervious surface on the property is approximately 29.6%. It appears the bulk of this existing impervious surface was approved during the single-family dwelling permitting process, which includes the dwelling and driveway. Further, elevated doors for future deck access were installed at time of the dwelling permit, indicating plans for a future deck. Staff consulted Brown's Creek Watershed District (BCWD) about the assumed impervious surface and stormwater runoff requirements for this subdivision and this property specifically. Per review by BCWD, this development has an assumed impervious surface allowance of 38% per lot. Staff recommends approval of the Variance with three conditions. Kristal Richards, applicant, stated their home was built with a sliding glass door to nowhere. Vice Chair Steinwall opened the public hearing. There were no public comments. Vice Chair Steinwall closed the public hearing. Page 2 of 6 Planning Commission July 27, 2022 Commissioner Swanson recognized that the current homeowners did not create the situation and that BCWD is willing to work with the homeowners to assist with impervious surface mitigation techniques. Motion by Commissioner Hoffman, seconded by Commissioner Knippenberg, to approve Case No. 2022-44, Variance for the construction of a Deck exceeding the allowable impervious surface at 1830 White Pine Court, with the three staff -recommended conditions. All in favor. Case No. 2022-46: Consideration of a Variance for the construction of a Deck at a reduced rear yard setback. Property located at 3493 87th St N. Mr. Gutknecht stated that Brian and Jessica Gunter, the applicants and property owners, are requesting a Variance to reduce the 25-foot required rear yard setback to approximately 14 feet for the construction of a deck. The property is under the impervious surface maximum of 35%. A proposed deck of 120 s.f. would bring the total impervious surface to approximately 34.8%. As part of the review for this variance, staff determined that at the time of initial building permit review, a deck was approved as part of the single-family dwelling permit at a rear yard setback of 14 feet, but was not constructed at that time. Because the applicant has to submit a new permit specifically for the deck, the request is being treated on its own merits and staff believes a variance is appropriate. Staff recommends approval with three conditions. Brian Gunter, applicant, said throughout the buying process they were led to believe a deck was possible. Neighbors do not have any issue with them building the deck. Vice Chair Steinwall opened the public hearing. There were no public comments. The public hearing was closed. Mr. Gladhill noted the City now has better training, better policies and better technology to avoid cases like this. Motion by Commissioner Cox, seconded by Commissioner Swanson, to approve Case No. 2022- 46, Variance for the construction of a Deck at a reduced rear yard setback at 3493 87th St N, with the three conditions recommended by staff. All in favor. Case No. 2022-50: Consideration of an Interim Use Permit for outdoor events and seating for Zephyr Theatre. Property located at 601 Main St N. Mr. Gutknecht stated that in June of 2022, the City Council reviewed and approved a request for up to three special outdoor events located at Zephyr Theatre (601 Main St N). At that time, staff had also been directed by the City Council to utilize an upcoming ordinance amendment introducing Interim Use Permits (IUP) to the City Code, as a means to permit the proposed outdoor events and seating for the Zephyr Theatre. The Zephyr Theatre is applying for an IUP to conduct outside performances in their parking lot this summer. The Theatre is working with Olson Sound to design the sound system and with Alchemy Sound and Vision to reduce sound impact and noise bleed affecting neighboring residential units. The specific request is for an IUP to allow outdoor events at an interval of 12 events per 30 days for the months of May through October and to allow up to 250 outdoor seats at the time of the events. Staff recommends approval of the IUP with 12 conditions. Mr. Gladhill added that because this is a private lot, parking mitigation is not being sought for this permit. He added that while holding events on 12 out of 30 days may seem excessive, compared with Conditional Use Permits which do not limit the number of days, this use is less because it is not every day of the month and is seasonal compared to other uses. Page 3 of 6 Planning Commission July 27, 2022 Commissioner Cox asked if each performance counts as one event, and Mr. Gladhill said yes. Vice Chair Steinwall asked for clarification of staff comments on parking mitigation. Mr. Gladhill replied that the Commission should consider the impacts of the request on parking but not a mitigation fee because that will likely change in the next year as the Council revisits the entire parking mitigation strategy. Vice Chair Steinwall commented, since the IUP process is new, there should be a way to get input from the Downtown Parking Commission before the Planning Commission review. Calyssa Hall, Executive Director of the Zephyr Theatre, explained that the outdoor concert series was started during the pandemic and has become a staple of their budget. They would like to make it a little more permanent and a stable part of their business practice. At this point it is one time music events. A couple of the past noise complaints were about bands that brought their own sound engineers. The Theatre will now require outside bands to use the Theatre's sound system because they have engineered a smaller sound array from the speakers. If this is approved they would look at a permit to put some poles along the parking lot so speakers can be mounted and pointed down. They also take decibel readings during shows, from the parking lot, the Lofts and Terra Springs, and have technology that allows immediate adjustment of certain segments of the sound if necessary. Vice Chair Steinwall asked if they have an event that extends over a couple days, do they still support the proposed recommendation that lighting come down after every performance? Ms. Hall said most concerts start at 7 and are done by 9, so they have not used temporary lighting for most of the events and the condition is acceptable. Vice Chair Steinwall opened the public hearing. Rachel Harvey, resident of the Lofts and a member of the board of trustees for the Theatre, said that a lot of the people who attend are residents so parking should not be an issue. Noise -wise, the theatre events take place in a compressed timeframe, it's nothing compared to the other establishments nearby. The Theatre has tried to mitigate as much noise as possible. She asked the Commission to support the request. David Lecander, resident of the Lofts, said his condo faces the Zephyr building. They are strong supporters of the arts and the Zephyr Theatre but they strongly oppose the proposal as outlined, with the primary reason being noise. They feel events 12 times per month is too much. If approved, they suggest rather than 12 times, approving the IUP for 4 times a month with limited hours and review in a year. Mr. Gutknecht reviewed the written comments submitted prior to the meeting. A letter of support was received from Jodi Lewis, 650 Main Street North. A letter of concern about the past year's Ice Maze and encouraging additional permitting restrictions was received from Tom and Monica Pustovar, 650 North Main Street. Vice Chair Steinwall closed the public hearing. Commissioner Hoffman recognized that having a professional theatre is a high value to the City. He applauded the level of effort the Theatre is putting into mitigating noise. He suggested the language be changed to 12 days of activity rather than 12 events in a month, and also would allow lighting to remain in place to lessen burden and cost of tear -down. Commissioner Swanson commended the Zephyr Theatre for taking steps to mitigate noise compared with other events that do not go to those lengths. Page 4 of 6 Planning Commission July 27, 2022 Commissioner Cox suggested the Commission consider an end time of 9 p.m. instead of 10 p.m. and asked if that would negatively impact the talent the Theatre could bring in. Ms. Hall said most of the concerts last only two hours and they are careful about making sure everything is torn down by 10 p.m. It would be hard to start at 6 p.m. and they would like to keep that one hour to make sure they get the tear -down done by 10 p.m. Motion by Commissioner Hoffman, seconded by Commissioner Cox, to approve Case No. 2022-50, Interim Use Permit for outdoor events and seating for Zephyr Theater. Property located at 601 Main St N. with the 12 staff recommended conditions, changing Condition #5 to state that there shall be no more than 12 days of activity per month for the months of May through October, and changing Condition #10 to state that any lighting proposed as part of an event could remain in place for the span of the event, if it's a multi day event. All in favor. Case No. 2022-47: Consideration to amend City Code Section 31-325 allowable uses in residential and non-residential districts to establish appropriate locations for massage establishments. Mr. Gladhill explained that the City Council recently established a license requirement for Massage Establishments and Massage Therapists operating in Stillwater. It was discovered that Massage Establishments were not clearly articulated as an allowable use. Given the different State and now City licensing requirements, staff recommends an amendment to City Code to more clearly articulate the allowable use status of Massage Establishments. Vice Chair Steinwall asked if the Council is also adding a zoning ordinance to add a definition of a massage establishment. Mr. Gladhill replied it is defined as part of the licensing process but not specifically in the zoning code, however the addition of a definition could be added as a condition of approval. Commissioner Cox asked if there are currently any massage establishments in the one zone where it would not be permitted, and Mr. Gladhill answered he does not think so. If so, they would be protected by lawful nonconforming statutes. Vice Chair Steinwall opened the public hearing. There were no public comments. Vice Chair Steinwall closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Knippenberg, to recommend that the City Council approve Case No. 2022-47, amend City Code Section 31-315 and Section 31-325 allowable uses in residential and non-residential districts to establish appropriate locations for massage establishments, with the addition of the definition of a massage establishment. All in favor. Ordinance Amendment: Consideration to amend City Code Section 31-315 and Section 31-325 allowable uses in residential and non-residential districts to allow short-term housing rental units. Mr. Gladhill explained that the City Council recently consolidated the four Short Term Home Rental License types into a single license type without removing any of the performance standards, and streamlining the administrative process for approving license applications that comply with all applicable regulations. All applicable Building Code and Fire Code requirements provide ample protection for the health, safety and welfare of residents and guests and ensure that neighborhoods are free of nuisance. Finally, the changes enhance enforcement tools for Short Term Home Rentals that violate provisions of City Code. The City must now amend its Use Table. In addition, previous Type B (with written opposition from neighbors) and Type C licenses will no longer be reviewed by the Planning Commission. As is Page 5 of 6 Planning Commission July 27, 2022 standard with all other licenses within the City, these licenses will be reviewed and approved by the City Council. Staff recommends that the Planning Commission recommend adoption of the Ordinance Amendment. Commissioner Cox asked what is the renewal period, and Mr. Gladhill answered once every three years. Vice Chair Steinwall opened the public hearing. There were no public comments and she closed the public hearing. Motion by Commissioner Knippenberg, seconded by Commissioner Swanson, to recommend that the City Council amend City Code Section 31-315 and Section 31-325 allowable uses in residential and non-residential districts to allow short-term housing rental units. All in favor. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Cox, seconded by Vice Chair Steinwall, to adjourn the meeting at 8:47 p.m. All in favor. ATTEST: Sue Steinwall, Vice Chair Tim Gladhill, Community Development Director Page 6 of 6 I11war THE BIRTHPLACE OF MINNESOTA DATE: August 24, 2022 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: Zoning Compliance Review — Myrtle Street Apartments at 107 3rd St N; Case of Landucci Homes • Conditional Use Permit for Residential Use and Large Building Project in Central Business District • Variance Request for Front Yard Setback, Rear Yard Setback and Building Height BACKGROUND The Applicant and Property Owner, Landucci Homes, (as Browns Creek West, LLC) is seeking a series of Zoning Applications to facilitate the construction of a 21-unit apartment building located at 107 Myrtle Street North. The project site consists of three (3) vacant parcels (with 1 additional `remnant' parcel). Historically, the site consisted of two (2) single-family residential dwellings, with at least one (1) of the dwellings being a duplex. One structure was demolished sometime after 1960 and the remaining structure was demolished in 2009. At that time, the City approved a multi -use retail/office building that was never constructed. u •- W. MYRTLE P ... 6.Ye I � r !M.A.� d�.r-rn+w .res v a� r. • .11 ki E. MYRTLE • Source: Sanborn Map (1910) In 2018, the City approved a nine (9) unit residential building, also not constructed. In 2021, Landucci Homes proposed a 42-unit (revised to 39 units) apartment building that was ultimately denied by the City. 1 wei ANALYSIS Comprehensive Plan/Downtown Plan Conformance (Future Community Vision) The 2040 Comprehensive Plan ("The Comprehensive Plan") clearly acknowledges the changing nature of Downtown Stillwater and embraces a mixed -use approach, including residential uses, and specifically notes this site as a potential redevelopment site (Potential Redevelopment Site #3). While the Comprehensive Plan encourages additional economic development, it also balances that intent with the preservation of important historical and cultural resources. Both Myrtle Street and 3rd Street are identified as important viewsheds for Downtown Stillwater. Specifically, the Comprehensive Plan notes that: "The most dramatic view of Stillwater's natural setting is from the top of the bluff as you approach Downtown on Myrtle Street. The street corridor, shaped by trees, buildings and limestone walls, directs your view to the gazebo, river and bluffs beyond. Future infill development should reinforce the view corridor through building placement, architecture, materials and streetscape treatments." These statements are visionary items to strive for, while official regulations are found in the Zoning Code (analysis in other sections of this report). That said, the proposal generally meets maximum height requirements (number of stories with a two -foot height reduction). LEGEND Gam.=n Pas `''s wads FecaIPoerts ',kw! New Corr.'s perdPoAlKOpen Saxe Es19.51.-getetlon Messin95 Downtown Pro.recrSountlary �1✓�� RtJ 9 � 74.4 �: ENHANCE NODES WITH LANDSCAPING AND SIGNAGE JJJ Zoning Code Review (Regulatory Review) The property is located in the Central Business District. The purpose of the CBD district shall be to provide a district for general commercial, office and entertainment uses. However, in support of the above, the Central Business District also allows residential uses (residences of all classes) as a conditional use. Additionally, larger buildings in the Central Business District must be approved by the City Council by Conditional Use Permit. Standard Requirement Proposed Compliance Maximum Building Height 3 stories 35 feet 3 stories 35 feet Not Compliant Minimum Building Height 2 stories or 25 feet 3 stories and 35 feet Compliant Minimum Lot Area 10,000 square feet 13,668.5 square feet Compliant Front Yard Setback (3rd Street) 15 feet 15 feet (building) 9 feet (decks) Not Compliant Side Yard Setback (northern property line) 20 feet total of both sides (building to building) 25 feet total of both side Compliant Side Yard (Exterior) Setback (Myrtle Street 15 feet 15 feet Compliant Rear Yard Setback 20 feet 8.7 feet (decks) 14.7 feet (structure) Not Compliant Maximum Lot Coverage 80% 55% Compliant Minimum Landscape Area 20% 45% Compliant Design Review The project site is located in the Downtown Stillwater Design Review Districtand must comply with the Stillwater Design Guidelines. The Heritage Preservation Commission (HPC) is currently reviewing compliance with said guidelines. The HPC tabled action of design approval, requesting additional design changes. Traffic Analysis The Developer has provided a revised traffic study based on the new site plan. The traffic study indicates that the intersection of Myrtle Street and 3rd Street will operate at acceptable levels of service per accepted traffic engineering standards. Traffic modelling indicates that there will be no significant increase in traffic accidents as a result of the project. RECOMMENDATIONS Stillwater Design Guidelines/Heritage Preservation Commission The Heritage Preservation Commission reviewed the request at their August 17, 2022 meeting and postponed action. The HPC acknowledged that the Developer has made several positive improvements to the architectural design compared to the 2021 proposal and noted that the design was close to conforming to the Stillwater Design Guidelines. That said, the HPC directed the Applicant to make several smaller revisions including, but not limited to the following. • Additional architectural detail around the window, such as arched lintels and sills • Additional architectural detail at the parapet wall Parking/Downtown Parking Commission The Downtown Parking Commission has also reviewed the Applicant's proposed parking plan at their August 18, 2022 Meeting. Despite acknowledging that the project would ordinarily be 13 stalls deficient in parking requirements, the Downtown Parking Commission also acknowledged that the City entered into a legally binding contract in circa 2008 (assigned circa 2017). It appears that, based on the underground parking configuration, the site would ordinarily be able to accommodate parking for 14 units. However, given the existence of a legally binding agreement/parking credit, the Downtown Parking Commission recommended approval of the parking plan. The Downtown Parking Commission also recommended that the City terminate the remaining parking credits not needed for this project as a contingency of approval (recommendation under review by the City Attorney). Staff Recommendation — Zoning Code Compliance Given the recent history, Staff is now seeking additional policy -level direction from the Planning Commission. Staff does believe some flexibility (through the issuance of a Variance) may be appropriate in this instance. However, it is unclear how much flexibility would be appropriate.. The Applicant has made some effort to revise the original proposal, but still does not fully comply with the City's Zoning Code. Of note, by not approving the Rear Yard Setback, the project would like reduce the number of units by half (to approximately 10 units). The project would not be able to accommodate units on both sides of an internal hallway. For comparison purposes, this unit count would be in line with a similar project approved on this site (never constructed) in 2018. In summary, policy direction is necessary on the following. Requirement Staff Recommendation Front Yard Setback Based on discussion. Staff is open to this option. (Principal Building meets requirement — attached deck encroaches; Decks will add architectural interest; Minimal impact to overall design). Rear Yard Setback Based on discussion. (Not approving would have significant impact to overall design). Building Height Staff recommends not approving variance and revising plans to reduce 2 foot overage. In order to approve the requested variances, the Planning Commission must make the following findings. • Variance must be in harmony with the general purposes and intent of the ordinances • Variances must be consistent with the Comprehensive Plan • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance • The plight of the landowner is due to circumstances unique to the property not created by the landowner • The Variance, if granted, will not alter the essential character of the locality. • The request is not due to economic considerations alone ACTION REQUESTED The Planning Commission has multiple alternatives to consider. 1. Approve the Conditional Use Permit as presented, based on the above findings and the following conditions o Plans must be consistent with the plans included in this report o Minor changes may be made by the Community Development Department; Major changes must be approved by the Planning Commission 2. Deny the Conditional Use Permit 3. Postpone Action to request modifications to the Application or additional information Motion to approve (or deny) the Variances to Front Yard Setback, Rear Yard Setback and Building Height. Motion to recommend that the City Council approve (or deny or table) the Conditional Use Permit for a multifamily residence and large building project in the Central Business District. g3 90 EXISTING HOUSE TO REMAIN REBUILD RETAINING WALL AS NEEDED REFER TO STRUCTURAL ENGINEER s;11 1 " = 30'-0" 15'-0" 0 30'-0" 107 3RD STREET NORTH, STILLWATER iyi4SiteUP G O 4931 W. 35TH ST., #200 ST. LOUIS PARK, MN 55416 Office: 612.615.0060 www.CNilSiteGroup.com SITE PLAN Project Number. Issue Date: 21043 07/22/2022 Revision Number: Revision Date: 1 " = 30'-0" 15'-0" 0 30'-0" 107 3RD STREET NORTH, STILLWATER CivilS-�� G R O U P 4931 W. 35TH ST., #200 ST. LOUIS PARK, MN 55416 Office: 612.615.0060 www.CNilSiteGroup.com LANDSCAPE PLAN Project Number. Issue Date: 21043 07/22/2022 Revision Number: Revision Date: minim iuii•ui i 11111111 11111 lil 4 EL�,�,tCR? .1�1 T.O. PARKING LEVEL Scale: 1/8" = 1'-0" Architects Proposed 21 Unit Apartment Exterior West Elevation PROJECT NO.. Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A4 T.O. PARKING LEVEL Scale: 1/8" = 1'-0" Architects Proposed 21 Unit Apartment Exterior South Elevation PROJECT NO.. mom Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A5 Scale: 1/8" = 1'-0" Architects Proposed 21 Unit Apartment Exterior East Elevation PROJECT NO.. i a Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A6 n r;'- .-t _t-Y."1".`rt. _—r�- '.LLLt__-- y?!..�:. :�=iC y9- Li_ . -. i.- Architects Proposed 21 Unit Apartment Exteri Scale: 3/16" = 1'-0" or North Elevation PROJECT NO.. a i Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A7 Brick Veneer Vertical Metal Panel Black Metal Panel and Parapet Architects Proposed 21 Unit Apartment Color/ Materials PROJECT NO.. mm -IN Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A8 Originally submitted April 20, 2022 - asked us to include in this packet TO: All Members of Stillwater's City Planning Commission RE: Case No. CD 2022-19 Dear Commissioners, My Name is Richard Sjoberg. I have been a resident of the SteepleTowne Condominiums across the street from the proposed project for over 10 years. For over 30 years, I have served on the Planning and Zoning Commission in a smaller Minnesota municipality. From these two vantage points, I would like to address some of the broader issues regarding the current request by Mr. Landucci for variances and conditional use permits. The proposal has evolved from an initial plan for 10 condominiums to 42 rental units, and now to 26 rental units without reducing the structure's overall footprint, considerable height or impact on several significant traffic concerns. DENSIFICATION: Three years ago, a project was proposed for this same site. It was planned to have 10 or 11 units on the lot's footprint. It had a site density of 32 units per acre which is similar to other projects in Stillwater. The current proposal would have roughly twice the number of living units on the same footprint (partially made up currently of some seven parking spaces that the City has been ordered to vacate). submit that the project as proposed does not safely and aesthetically accommodate such densification. Page 2 HEIGHT: The height of the structure is compounded by the fact that approaching it uphill on Myrtle Street from downtown, the facade would rise approximately 55-60 feet from the sidewalk level. The plan indicates three stories. However, adding the parking level off of Myrtle and the mechanical facilities, stairway access, elevator shafts and possibly common space on the roof, bends the City Building Code rules a bit and actually creates a five story, very imposing structure — possibly still as tall as what has been previously denied by the Commission for height variance. OFF -SITE ON -STREET PARKING: As proposed, there will be space for 25 vehicles underground on -site. (This may or may not be significantly less than Stillwater Building Code requires??) However, the building realistically could require space availability for up to 40-45 vehicles, considering two -vehicle residents, service and visiting vehicles. From my vantage point across the street, daily parking on North Myrtle is heavily used now ---by the American Legion patrons late afternoons and evenings (they have no lot of their own), and throughout the day by Trinity Church for their activities and for parents with small children attending their daycare facilities. The proposed building will increase exponentially the need for even more on -street parking as more people jockey for unavailable parking space. In turn, this will intensify the traffic congestion at the often discussed hazardous 3-stop-sign intersection that is existent at Third and Myrtle. It also goes without saying that the completion of the Chestnut apartment complex within 300 feet of this proposed building, will Page 3 significantly add to the traffic on Myrtle Street, both vehicular and pedestrian. When the previous hearings were held in 2018, both the Planning Commission and the City Council members were deeply concerned about the then current and future traffic issues on the busy thoroughfare that is Myrtle Street. That was when only 10 to 11 condominium units were being proposed for the site and the Chestnut project didn't yet exist. The same problematic mid -block steep inclination ingress and egress has yet to be resolved. The developer has previously offered right turn only exiting from the parking garage to mitigate this issue. That scheme only worsens the funneling of all of their exiting traffic directly out onto Myrtle while accelerating at an incline through the existent 3-stop intersection. More non-stop traffic mid -block, more accidents. respectfully ask the Commission to deny the variances and conditional use permits being requested due to the scope of this project. I suggest a smaller footprint, lower profile and less density on this particular site would allow for a safer and more pleasing transition to Stillwater's Downtown Historic District. In 2018, Council member David Junker spoke to the proposal in the Stillwater Gazette: "I certainly like the use. I have a major issue with the height, I think we are taking every available inch of space ... you are trying to put a whale in a little fish bowl." I would offer that Bill Murray in the movie "Groundhogs' Day" comes to my mind as we re- visit the same issues without achieving a safe and workable outcome. Page 4 Stillwater is immensely proud of its' heritage and the structures that epitomize its' past. Historic "Church Street" plays a significant role in our City's architectural charm. Going forward, let's continue to strive to conceive, design, and implement the very best integration of the old with the new to enhance our City. Thank you for the opportunity to register my concerns and reservations with regard to Case No. CD 2022-19 Respectfully, Dick Sjoberg 106 South Third Street Vice President of SteepleTowne's Home Owner's Association August 24, 2022 11, LUTHERAfI CHURCH Stillwater Planning Commission City of Stillwater Case No.: CD 2022-19-38 Dear Planning Commission members: TRIf11TY Trinity Lutheran Church of Stillwater by and through its church council, submits this letter in regard to the request of Nathan Landucci/Landucci Homes for a conditional use permit and associated variances for the property on the east side of North Third Street at 107 North Third Street/110 Myrtle Street East. Trinity is the owner of the property on the west side of North Third Street across from the proposed development. The applications, as we understand them, are for the purpose of permitting construction of a 21 unit apartment building, which is a significant reduction in size and scope from the previous applications submitted by the Applicant for a 40 unit apartment building. The church council has reviewed the Planning Report prepared by Tim Gladhill, Community Development Director, which recommends approval of a variance for the front yard setback and rear yard setback, but denial of the building height variance. We understand that the proposed building height exceeds the allowed building height ordinance by several feet. Trinity shares the concerns stated in the Planning Report regarding the building height. As noted in the Planning Report, both Myrtle Street and North Third Street are important viewsheds for Downtown Stillwater. In particular, the 2040 Comprehensive Plan states: "The most dramatic view of Stillwater's natural setting is from the top of the bluff as you approach Downtown on Myrtle Street. The street corridor, shaped by trees, buildings and limestone walls, directs your view to the gazebo, river and bluffs beyond. Future infill development should reinforce the view corridor through building placement, architecture, materials and streetscape treatments." Trinity supports the recommended denial of the building height variance. Trinity has no objection to the Applicant's requested front yard setback and rear yard setback variances. Finally, Trinity requests that the Applicant's proposed parking plan be fully analyzed to ensure that there is sufficient parking for the development. Thank you for your consideration. Respectfully submitted, Andrew Thelander, Council President Trinity Lutheran Church Congregational Council Trinity Lutheran Church • 115 - 4th St. N, PO Box 339, Stillwater, MN 55082 651-439-7400 www.trinitylc.org i11water. THE BIRTHPLACE OF MINNESOTA DATE: August 24, 2022 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant Planner SUBJECT: Conditional Use Permit Application in the Campus Research District (CRD): to permit a single -story building for a medical office at 29XX Curve Crest Blvd. Case No. 2022-53. BACKGROUND The City has received a Conditional Use Permit application for the vacant lot, PID: 31- 030-20-43-0020, located directly east of 2900 Curve Crest Blvd to construct a 12,000 square foot medical office building. The proposal is the second phase of a two-phase medical and dental office campus development in the Campus Research District. This will also be the fourth total medical/dental office in the district. Phase 1 was approved in 2010 which included the platting of both phase 1 and the phase 2 lots as well as the completion of parking for both phases. The applicant proposes to continue to meet the required standards for utilities, parking, design standards, and landscaping for the completion of Phase 2. The specific request is for a Conditional Use Permit for a single -story Medical office at approximately 12,000 square feet, designed to complement the existing building completed in Phase 1, within the Campus Research District. LAND USE/PLANNING AND ZONING INFORMATION Comprehensive Plan Designation Research, Development Park Zoning District Campus Research District Overlay Zoning District West Stillwater Business Park Research, Development Park Designation — 2040 Comprehensive Plan The City has created this specific land use designation to provide a site for a corporate center, research facility, educational institution, medical campus, or office campus that will bring well designed development and high caliber employment to the community. The Comprehensive Plan outlines that the typical project size ranges from 15,000 to 100,000 square feet. It also guides that the land use category provides flexibility to integrate senior housing that complements existing or proposed uses, which include hospital or medical facility. CRD: Campus Research District — Commercial Zoning District The purpose of the Campus Research District is to allow a mix of office, research and development and light manufacturing uses with limited retail and service uses in a planned business park setting designed to provide low -density and high -quality development. Medical and dental office uses are not permitted outright in the CRD district. However, a provision built into the City Code allows the Planning Commission to approve uses determined to be of the same general character as the specifically permitted uses in the CRD district and which will not impair the present and potential use of adjacent properties are permitted by Conditional Use permit if the above is found to be true by the Planning Commission. West Stillwater Business Park Plan The West Stillwater Business Park Plan was approved in 1990 to guide the future development of this area from an allowable use and design standard standpoint. A key component of the plan was to guide new development. A majority of the CRD area has been since developed. The proposed use and design is consistent with the West Stillwater Business Park Plan. At this point, the purpose of this plan is to really guide design standards. FINDINGS City Code 31-322 (b)(2) allows for uses in the CRD district that are not specifically listed in the allowable use tables, provided they complement the existing uses and will not impair the present and potential use of adjacent properties. In 2005 the Planning Commission considered approval of an Associated Eye Care Facility. Furthermore, in 2010 the Planning Commission considered approval of a medical facility located at 2900 Curve Crest Blvd, also known as Phase 1 of the development this current proposal is part of. The two uses previously approved by the Planning Commission in 2005 and 2010 are both medical offices and similar to the proposed use before the Planning Commission now. Finally, staff supports the proposed use of a medical and dental office in this district. Expanding on that, staff believes this use is appropriate enough that we have also brought forward a proposal to allow medical and dental offices as a conditional use permit in the CRD district to the Planning Commission in concurrence with this permit application. Bulk Standards: • In reviewing the bulk dimensional standards, it appears the proposal is consistent with majority of the standards outlined in Section 31-322. Required Proposed Lot Area 5 Acres, unless part of an overall development plan for the area. Project is Phase 2 of an overall development plan Front Setback 50 Feet 112' Side Setback Abutting Residential — 75 Feet Abutting perimeter of business park — 20 Feet Abutting Residential — 150 Feet Abutting perimeter of business park — 81 Feet Rear Setback Abutting Residential — 75 Feet Abutting perimeter of business park — 20 Feet Abutting Residential — N/A Abutting perimeter of business park — N/A Landscaped Area 30% Parking Standards: • Utilizing the parking standard outlined in the City Code, 1 stall per 200 square feet and 5% reduction for cooperative parking requires 138 parking stalls. The existing parking onsite is satisfactory. • This is also true for ADA compliant parking, which the applicant proposes to regrade and stripe the existing 4 ADA stalls to be further compliance with ADA standards. There is a total of 8 ADA stalls on site. Traffic Circulation: • The existing traffic circulation as developed during the first phase is satisfactory. The existing access points to Curve Crest Boulevard are shared with neighboring property owners. This existing configuration frontage drive parallel with Curve Crest Boulevard that will increase traffic flexibility and improve emergency access to all three lots in Block 2 of Bradshaw Addition. Landscaping Standards: • The applicant has indicated they will meet the landscaping standards and have noted they are currently working on a landscape plan. However, staff has not yet received an updated landscape plan from the applicant and will require one for review for compliance as a contingency of any permit approval. Outside trash containers • City Code requires outside trash receptacles be completely screened with the same building materials as the main building. This standard must be met for the proposed trash receptacles on the north side of the lot. Exterior Lighting: • Building and Parking lot lighting shall be downcast and shrouded from direct view of the public. Light spillage on the north side of the property adjacent to the trail and on the south side of the property directly adjacent to the public right of way may not exceed 0.0 luminaires. Design Standard: • The proposed design appears to be architecturally consistent on all facades, roof mounted equipment being screened, and architectural compatibility with existing structures. The proposed design appears compliant and the standard met. Lastly, when reviewing the Comprehensive Plan for consistency with the land use category staff finds the proposal satisfies the purpose outlined for the CRD land use. Further, given the size of the existing vacant lot and neighboring lots having been developed, it is unlikely that a large Campus product will ever occur in this area of the CRD district. However, the proposed use is consistent with the main objectives, including development size and providing high caliber jobs, of the future land use designation outlined in the 2040 Comprehensive Plan. RECOMMENDATION Staff recommends that Planning Commission make the determination that the proposed medical office building is a similar use to other approved uses within the CRD Zoning District, and approve the conditional use permit request for a single -story Medical office building at approximately 12,000 square feet with the following conditions: 1. All utilities and ground or roof top mounted mechanical equipment must be screened from public view. 2. A sign permit must be reviewed and approved by City Staff for any signage on building or property. 3. Lights for the parking lot and building shall be down cast and directed away from view by the public. Light shall not exceed 0.0 luminaires at the property lines. 4. Any outdoor trash receptacles must be completely screened with the same building materials as the main building. 5. The applicant shall provide Civil Plans, including grading, utility, ands stormwater plans for review and approval by the City Engineers prior to issuance of a building permit. Any majors change to approved plans due to this review may have to be reviewed by the Planning Commission. 6. The applicant shall provide City Staff with an updated Landscape Plan conveying compliant landscape planting. 7. The applicant must receive approval from the Brown's Creek Watershed District prior to issuance of a building permit. 8. All plans shall be reviewed and approved by applicable fire and building inspection personal prior to issuance of permit. 9. All changes to the approved plans shall be reviewed and approved by the Community Development Director. Any major changes will need to be approve by the Planning Commission or Heritage Preservation Commission. ACTION REQUESTED Motion to make the determination that the proposed medical office building is a similar use to other approved uses within the CRD Zoning District, and approve the conditional use permit request for a single -story Medical office building at approximately 12,000 square feet for property located at PID: 31-030-20-43-0020, based on the above conditions within this report. MOHAGEN HANSEN Architecture Interiors Curve Crest — II Narrative The parties involved in this project have personal and business ties to Stillwater for over 50 years. They are excited to develop this land into a great addition to the Stillwater Curve Crest Community. The medical office building will provide the last piece needed for this healthcare campus to be successful for the citizens of Stillwater. Phase I of the site was development previously and part of that development the parking was constructed for Phase II. This proposal incorporates the parking, utilities connection and landscaping to be developed which will comply to the current ordinance and heritage preservation requirements. Specifically, the existing parking stall count will comply with the current ordinance and combined square footages of both buildings; 15,480 and 12,000 sf., 138 parking stalls. The campus has been designed to complement the City of Stillwater's historical architecture and the surrounding natural environment of the St. Croix Valley. The phase I building massing is a single -story building with a hip and gabled accented roof. The materials of the Phase I building are same colored brick as the neighborhood commercial buildings with accent of a lighter stone. Likewise, Curve Crest Phase II will be part of this campus and have many of the same elements as the sounding buildings. The massing of the building will be a single -story building with a hip and gabled accented roof. The brick and prominent stone on the building will match the campus materials. The colors of each material will create a warm earth tone palette that will invite people to the building. This project will also upgrade the new structure with more current sustainable design features. This includes better understanding of dew point locations within the wall section, air and vapor barrier locations and material selections that have overall lower carbon impact on our environment. All these items will result in a better environment for the staff and clients. 1000 Twelve Oaks Center Drive I Suite 200, Wayzata, MN 55391 M: 952 426 7400 F: 952 426 7440 MohagenHansen.com 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 APPROXIMATE ADA STALL IMPROVEMENTS 15/180 s.f. (gross) ,932 s.f. (f oor crE • P:\Projects\Projects - 2022\12226117 - Curve Crest Phase . Medi esign\Drainring Files\12226117 - C200 Construction Plans.dwg POTENTIAL PATIO BY TENANT UE UE UE FES Inv = 9L1 SYMBOL LEGEND 1 NEW LIGHT -DUTY BITUMINOUS PAVEMENT SEE DETAIL NEW LIGHT -DUTY CONCRETE PAVEMENT SEE DETAIL NOTE: THE CONCRETE JOINTS ARE SHOWN ONLY FOR GENERAL REFERENCE TO SIGNIFY LIGHT -DUTY CONCRETE PAVEMENT. ACTUAL JOINTS SHALL BE CONSTRUCTED PER PROJECT SPECIFICATIONS. GENERAL KEY NOTES PROPERTY LINE EASEMENT LINE RIGHT-OF-WAY LINE XXXXXXXXXXX, SEE DETAIL X/C500 PARKING REQ. SHARED PARKING EXISTING BLDG PROPOSED BLDG TOTAL BLDG SF 27,480/200= 138 STALL REQ. 138 STALL PROVIDED 15,480 SF 12,000 SF 27,480 SF 0 NORTH 77mml 0 10 20 40 O .% w i co i w O U c O C 0 ca a) 0) tn U C 0) c 0 .5) c uJ c 0) 0 J N N 0 N 1000 TWELVE OAKS CENTER DRIVE SUITE 200 WAYZATA, MN 55391 CURVE CREST BLVD WEST STILLWATER, MN 55082 I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. First M. Last, P.E. Date: XX.XX.21 Lic. No.: XXXXX Rev. Date Description Project #: 12226117.000 Drawn By: JTM Checked By: JJW Issue Date: XX.XX.XX Sheet Title: CONSTRUCTION PLAN Sheet: SURVEY FOR: Mohagen Hanson Architecture 1000 Twelve Oaks Ctr. Dr., Suite 200 Wayzata, Minnesota, 55391 LEGAL DESCRIPTION: Unit 2, Common Interest Community No. 358, Curve Crest Condominium, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. ORIGINAL SCALE 1 INCH = 40 FEET o 20 0 8 SCALE IN FEET 0 SET 1 INCH BY 16 INCH IRON PIPE WITH PLASTIC CAP INSCRIBED 'FREEMAN LS 16985' / t^t. li i test •Jpi; rNL• ri/ r, 4� 1','- r1 �i r•l `- h DRAINAGE AND L/TILIYY EASEMENT PER BRADSHAW ADDITION - POND AND TRAIL EASEMENT PER Doc. No. 3259383 • CERTIFICATE OF SURVEY SITE PLAN -EXISTING CONDITIONS City of Stillwater, Washington Co, MN 9 FOOT WIDE BITUMINOUS PATH PLAT = N89°0855"E 393.91 N89'5754'"E 34'3.91 1G 10 TRAsN ENCL. II CONCRET Cu B JPIC L)-- hill .4- / Ld •.. li�'� / 1. P//,9SE 1 MEDICAL OFFICE 15,98O S.F. (GROSS) 19,932 S.F. (Azoode AREA) 7 27.6 COMMON ELEMENT 18p 59A /I 22ti 0.57 G ��516 611.152 CURB �/yvlcAL) = coNC 9E 59.0 uGc 9 Foot {ill" 16 Urc — = 50/010- PAIN II PLAT = 587°0858"i 11 1 , \No COMMO1ENENT•�. 18A�1 / 0'■ „ Ail683 PLAT 1 9� • e5 89°58 q0 k4, es TRASh' ENCL. // ar' 117. q5�9 L/NIT 2 6. 5Z/5 Btu/141 O Szlie�AE Peg 6 AND 'P n/ Ase ION p N ��5g383 BRAL EAW tHr PER Doc. N o. e ' TRAIL EASEM COMMON �'; ELEMENT BITU REST PEA NORTHERLY RIGHT OF WAY LINE OF MINNESOTA DEPARTMENT' OF TRANSPORTATION RIGHT OF WAY PLAT N0. 82-82 7- r • 59.0 si Lesr _ � MINOUS "FACE N A� TRANSP BL✓D. / v'8 TrEo As CREST _ — ��8 r — ��PA �Ar NO. ,� NESoTA wAy P Rz / DRAINAGE AND L/TILI7Y EASEMENT OVER ALL OF OLITLOT A PER PLAT OF BRADSHAW ADDITION � 1 / es- / �•s•y (—'./. f/ i w LI: 1 fbzi N \-16 �(I 1V\ FES c,)1 �A,v = 94'1.20Z\I000STORM WATER .�pfl [.i`■ OUTLET STRUCTURE do* no 11 % Inn = 94'0.6 n v = 95'1.1O fI f • `, el al 1 i /i \11 FES I viv GE FOUND MNDOT RIGHT OF WAY MONUMENT 3/9 INCH IRON ROD WITH ALUMINUM CAP INSCRIBED 'MNDOT R/W: li i --- - FOUND MNDOT RIGHT OF WAY MONUMENT 3/9 INCH IRON ROD WITH NO CAP. Folz Freeman Surveying LLC LAND PLANNING & LAND SURVEYING 5770 NEWGATE AVE NO OAK PARK HEIGHTS, MN 55082 (651) 439.8833 www.FFSurveying.com 1 inch = 2000 feet Vicinity Map Section 31, T3ON — R2OW City of Stillwater Washington County, Minnesota LEGEND 0 DENOTES SET SURVEY MARK NAIL (3 Inch by 3/8 Inch) WITH DISC INSCRIBED "FREEMAN LS 16989" UNLESS OTHERWISE NOTED. • DENOTES FOUND 1/2 INCH IRON PIPE MONUMENT WITH A PLASTIC CAP INSCRIBED "17665 Metro", UNLESS OTHERWISE NOTED. PLAT = DENOTES RECORD VALUES FROM BRADSHAW ADDITION, ACCORDING TO THE PLAT RECORDED IN WASHINGTON COUNTY, MINNESOTA. NOTES 1) ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM, WHERE THE WEST LINE OF OUTLOT B, BRADSHAW ADDITION (WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 30 NORTH, RANGE 20 WEST) BEARS NORTH 00 DEGREES 06 MINUTES 33 SECONDS WEST. ROTATION OF 00'48'59" COUNTER CLOCKWISE FROM RECORD PLAT BEARINGS. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the Laws of the State of Minnesota. Timothy J. . a , LS Minnesota LYense No. 1 989 7/21/22 Note: Official Copies of this map are crimp sealed Date 1 Map No. 22-107D CERT OF SURV © 2022 — Folz Freeman Surveying LLC — All Rights Reserved - ----- — - - - - - - - - - - - - - - --I Q 22'-0" Q 56'-8" ci ® -i-- SPRINKLER PROPOSED BUILDING 12,000 +/- II 142'-0" 9 co FLOOR PLAN STILLWATER, MN 07-20-2022 CURVE CREST STILLWATER 11 11 MOHAGEN HANSEN Architacturs Interiors ALUMINUM FRAME STOREFRONT: CHAMPAGNE METAL: MEDIUM BRONZE CULTURED STONE: HARVEST ASPHALT SHINGLES: BARKWOOD BRICK: BROWN EIFS: SWISS MOCHA CAST STONE: LIMESTONE CULTURED STONE: HARVEST EXTERIOR RENDERING - ENTRY STILLWATER, MN 07-20-2022 CURVE CREST STILLWATER I i:-: MOHAGEN HANSEN Architocturo Interiors BRICK: BROWN EIFS: SWISS MOCHA CAST STONE: LIMESTONE METAL: MEDIUM BRONZE ALUMINUM FRAME STOREFRONT: CHAMPAGNE EXTERIOR RENDERING - CORNER STILLWATER, MN 07-20-2022 CURVE CREST STILLWATER I i:-: MOHAGEN HANSEN Architocturo Interiors illwat!r. THE BIRTHPLACE OF MINNESOTA DATE: August 24th, 2022 TO: Honorable Chair and Commissioners FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Campus Research District (CRD) Use Table and District Standard Amendment, Case No. 2022-56. BACKGROUND On July 22, 2022, Staff received a Conditional Use Permit application to allow a medical/dental clinic and office located in the Campus Research District ("the District", or CRD). Upon receipt of this application, Staff conducted an in-depth review of the district standards, previous applications for similar uses, and learned about development pressures that have affected the District in the past decade. In response to this review, Staff felt it appropriate to bring forward an ordinance amendment proposal for the Campus Research District that addresses design requirements and allowable uses. The review conducted by Staff assessed the purpose and goals of the Campus Research District, the design requirement standards, as well as the 2040 Comprehensive Plan's Land Use description. The review concluded with research surrounding past and current development pressures and trends. The purpose statement and goals for the Campus Research District in City Code indicate that development in the District is guided for a mix of office, research and development, and light manufacturing uses. Development is intended to be low -density, high -quality business park style development with amenities and open space, such as walking trails and parks. The CRD design requirements within the West Stillwater Business Park design guidelines overlay district, guides architectural, landscape, sign, and site design standards for development. Staff found that the performance standards for the CRD dictate that a Design Permit following the guidelines outlined in the West Stillwater Business Park should be required. The purpose of the West Stillwater Business Park design guidelines is to ensure consistent quality design and allow for review of new development proposals. When reviewing current practice of the administration of the West Stillwater Business Park design guidelines, most if not all design review is done as part of the Land Use Permit and without a Design Permit. Furthermore, all other commercial districts that are within the West Stillwater Business Park Design guidelines do not currently require a Design Permit, resulting in the possibility of inconsistent development and administration of standards. Currently, the Design Permit is utilized primarily, if not exclusively in our Downtown commercial and residential districts. When reviewing the current standards and administration of the West Stillwater Business Park design guidelines, it is staff's assumption that Design Permit requirement may have been an inconsistency missed from a previous ordinance amendment. Review of the underlying land use category, Research & Development Park, as outlined in the 2040 Comprehensive Plan states the goal of this district is to attract a major employer, specifically for a corporate center, research facility, educational institution, or medical/office campus. Currently, there is one medical campus model being considered on the western most portion of the Campus Research District. The proposed location is approximately 70 acres at the corner of Manning Ave N and Highway 36. Staff also reviewed previous development and development pressures affecting this district. In the past decade majority of the development of the vacant parcels in this district have consisted of separately owned medical/dental clinics and offices. Review of Section 31-325 describes that these uses are not explicitly permitted in the Campus Research district. That being said, the uses have been permitted through a Campus Research district Standard, Section 31-322 (b)(2), which allows "Similar uses by special use permit. Any other use or service establishment determined by the planning commission to be of the same general character as the specially permitted uses in Section 31-325 for the CRD district and which will not impair the present or potential use of adjacent properties. ". A key component for approval when utilizing the standard outlined in Section 31-322 (b)(2) is the Planning Commission making the finding that the proposed use is consistent with neighboring and existing uses and is compatible with the intention of the zoning district. All of the medical/dental office and clinic approved via conditional use permit have met these key requirements As a result of this review, Staff recommends an amendment Section 31-325, the use table, in order to permit medical/dental clinics and offices uses through the Conditional Use Permit rather than continue to rely on permitting "similar uses" per Section 31-322 (b)(2). The primary reason being, medical/dental clinics and offices have been and continue to be routinely determined compatible with the intention of the land use and district purpose statement and found to be an appropriate fit within the regional commercial area by both City Staff and Planning Commission. Additionally, staff believe that it would be prudent to amend the performance standards for the CRD within Section 31-322 to remove the Design Permit requirement, and continue to require that design regulations adhere to the West Stillwater Business Park Design Guidelines. This would allow for a more uniform administration of the West Stillwater Business Park Design guidelines, therefore providing clarity to developers and Staff reviewers. This draft ordinance amendment memorializes "Office; medical and dental" as a conditional use and removes the Design Permit requirement from the district standards. This action will help to clarify and maintain the intent of this district and bring the existing businesses into further compliance. This amendment will also assist staff in facilitating future discussions and conversations with potential developers and property owners. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the attached ordinance. ACTION REQUESTED Motion to recommend that Planning Commission recommend approval to the City Council of the attached ordinance amendment to the CRD district standards and the non-residential districts use table. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-322 AND SECTION 31-325 REGARDING CAMPUS RESEARCH DISTRICT ALLOWABLE USES AND PERFORMANCE STANDARDS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-322 of the City Code, CRD campus research district, is hereby amended as follows: Subd. (d) Other Requirements. (6) Design Regulations. Design regulations in the CRD district as follows: See West Business Park Plan Special Site and Design Guidelines, pages 18-20. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Offices, is hereby amended as follows: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU NC N U ' Offices; medical and dental P CUP P P P CUP P P SECTION 3 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance establishes the use, office, medical and dental, as permissible via conditional use permit within the Campus Research District. It also amends the design requirement standards by removing the required Design Permit and requiring development follow the established West Stillwater Business Park Design Guidelines. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 2022. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk illwater THE BIRTHPLACE OF MINNESOTA DATE: August 24, 2022 TO: Honorable Chair and Planning Commissioners FROM: Yasmine Robinson, Planning Manager SUBJECT: Case No. CPC 2022-58, Zoning Map Amendment, Neighborhood Commercial District BACKGROUND During the development of the 2040 Comprehensive Plan, changes to the commercial land use categories in general were made to both clarify and better -reflect the community's desire to preserve the unique neighborhood commercial uses of the historic areas of Stillwater. In 2021, a Zoning Text Amendment (Case No. 2021-30) was approved (Ordinance 1172), that added the Neighborhood Commercial section (31-324.2) to the zoning code. The intent of the Neighborhood Commercial District is to better preserve the existing smaller commercial uses in neighborhood areas that are not associated with Downtown or the Highway 36 Commercial Corridor. There is no new development proposed associated with this Zoning Map Amendment. A copy of the newly created Neighborhood Conservation District is attached hereto. Allowable Uses can be found in City Code Section 31-325 (Non -Residential Allowable Uses). As part of the Public Hearing, at least one (1) Property Owner noted a potential error in a parcel to be included in the new district. Prior to the Public Hearing, Staff will verify that all appropriate parcels are included in the Zoning Amendment. Attached to this case is a copy of the Future Land Use Map from the Comprehensive Plan (see Neighborhood Commercial category for impacted parcels). Staff will develop an additional map that better highlights only the Neighborhood Commercial District. RECOMMENDATION Staff recommends approval of the Zoning Amendment that would finalize and conclude the administrative process that was initiated with the creation of the Future Land Use Map and Neighborhood Commercial Zoning District by aligning the Zoning code with the corresponding Zoning Map. At this time, Staff would recommend removing the Liberty Village commercial area from the amendment for further review, as the current code language would create a lawful, nonconforming situation for the existing fuel sales use. ACTION REQUESTED Motion to recommend that the City Council adopt the Zoning Map Amendment. ■ ■ ■ South Twin Lake MC'KEISICK--RD•N w 75TH ST N 5 tstBLVDW, 0 a 9G 11 Fgq.. o�,SQ\.� gel L,2 ■ PO ▪ Q� 1 • ■ HAZEL ST 6 IIIN111 :11 ■11 }} -_ - 1NI11111111 NIA ■- it a — q% •N 1N1 5•1•11 .1 IN .■�� _I•I 1111�111 1H11111 • IE _ !!=. M11111 111EM 1= i1� ••111E 11I 111M ■_ -11111111N1111Mpia••1H111WIrlL�lrC.l���`SwW����1'I . - III. i1111— • IV s .-. m e• El 60TH ST N ■•1 IIl111N \ mitIII111e ui11111: IIIIIIIIIIEoJI11111111 •1•1111� 5T-W 11 11•111 mommi ••1 �' v •• Ni ■ ■ L �RL•EANSST.Ea 6511H.Sir er ■ ■ z ■ •• • zW pr ■a O • •• 0 ■ • N. • • 95 59TH ST N 21 iliwater THE BIRTHPLACE OF MINNESOTA Future Land Use Plan City Limit Future Land Use Very Low Density Residential Low Density Residential Low/Medium Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Community Commercial • Downtown Mixed Use ■ Business Park/Industrial /// Highway Mixed Use Institutional Research, Development Park Park, Rec or Open Space Marina Wetland Open Water ROW Figure 2.11: Future Land Use 0 1,000 2,000 4,000 Feet PLAN OF STILLWATER 0 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 H11111111111 2-19 Sec. 31-324.2. - Neighborhood Commercial (NC). Neighborhood Commercial (NC) zoning district shall be regulated as follows: (a) Purposes. The purposes of the NC district are to: (1) Preserve traditional neighborhood commercial nodes that provide small scale commercial buildings for neighborhood businesses. (2) Provide small commercial areas within residential neighborhoods that meet residents' daily/weekly needs yet that fit the historical character of the neighborhood. (3) Support the compatible integration of commercial and residential uses that are accessible by walking and biking. (b) Allowable uses. (1) See Table in Sections 331-325 for the allowable uses within this district. (2) Similar uses by conditional use permit. A conditional use permit may be granted for other uses or services determined to be of the same general character as those found in 31-325 for the NC district and which will not impair the present or potential use of adjacent properties. The findings of same general character shall be made by the planning commission and the conditional use permit approved and issued by the city council. (c) Massing regulations. (1) Standards Building height, maximum Principal structures Accessory structures Lot area, minimum Front yard setback, minimum 35 feet 20 feet, but not to exceed height of principal structure 5,000 sq. ft. Side yard, corner, setback, minimum Side yard, internal, setback, minimum 10 feet 10 feet 5 feet Rear yard setback, minimum Lot coverage (impervious), maximum 10 feet 80% Landscaping and open space, minimum 0% (2) Additional setback standards Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) Railroad 100 feet 75 feet (d) Other requirements: (1) Buildings must have at least one functional entry along every public sidewalk. (2) Commercial activities, including food service and seating, may occupy yards. Outdoor commercial activities are prohibited between 10:00 pm and 8:00 am, unless an event permit is issued by the City. (3) Any off-street parking must be located to the rear or side of buildings. (4) Screening shall be provided along property lines abutting residential properties and along off-street parking areas abutting streets. (Ord. No. 1171, § 1, 9-21-21) I11war THE BIRTHPLACE OF MINNESOTA DATE: August 24, 2022 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Lumberjack Landing Trail Addition Final Plat, Case No. 2022-62. BACKGROUND The City has working closely with the land owner of PID: 28-030-20-11-0088, the Stillwater Marina & Yacht Club in bringing the proposed plat before the Planning Commission and City Council. The purpose of the plat is to allow the City to purchase Property ensuring access and control to the recently acquired parks and recreation area known as Lumberjack Landing. Additionally, the plat will help clarify private Property line boundaries along the Brown's Creek trail property on the northside of the City of Stillwater. The existing Property is a narrow lot, measuring at approximately 2,031-feet by 39-feet with an area of 79,239 square feet. The Property used to contain a railroad and was operated as such until the Brown's Creek State Trail replaced the no longer utilized rail line. The parent parcel is being split into a total of three Outlots, A, B, and C. Outlots B and C are located on the portion of Browns Creek State Trail that stretches between the Zephyr Theatre and the Stillwater Marina & Yacht Club. Outlots B and C are proposed to remain under the current ownership. The third lot created, Outlot A, consists of the remainder of the parent parcel north of the Outlot B and C. The City of Stillwater anticipates purchasing this property for the purpose of providing the City more control and clearer access for the newly established Lumberjack Landing Site. The specific request is to subdivide an existing 79,239 square foot lot into three new Outlots within the Park, Recreation or Open Space District. LAND USE/PLANNING AND ZONING INFORMATION The Property is zoned within the Park, Recreation or Open Space (PROS) Zoning District. The purpose of the PROS district is to provide an area for private and public parks, recreation and natural open spaces, which are essential to support community health and wellness, and connecting the individual resident to natural and ecological stewardship and appreciation. The Property is currently guided as Park, Recreation or Open Space land use designation in the 2040 Comprehensive plan. This land use designation is new the City's comprehensive Plan, its primary goals are to provide, maintain, and continue to expand a variety of passive and active parks and recreational opportunities, both regionally and locally. The Property is currently being used as a regional trail and complements the 2040 Comprehensive Plan. FINDINGS Reviewing the bulk standards outlined in Section 31-324.1 indicate that the proposed plat is compliant with the standards outlined below: Required Proposed Lot Area N/A N/A Structure Setback from all Property Lines 50 feet N/A Maximum Structure Height 20 Feet N/A In reviewing the existing land use and land use table found in Section 31-325 indicates that the proposed plat is compliant and complements the purpose of the zoning district, with the existing land use as a state trail being permitted out right. Further, the proposed plat complements the goals of the Comprehensive Plan. By creating easier access to new parks and recreation opportunities, and preserving the existing ones. Staff is very supportive of this proposed plat due to its ability to clarify boundaries and further enhance access and meet goals outlined in our comprehensive plan RECOMMENDATION Staff recommends that Planning Commission recommend approval of the Preliminary and Final Plat (Lumberjack Landing Trail Addition), to the City of Stillwater City Council ACTION REQUESTED Motion to recommend that the City Council approve the Preliminary and Final Plat (Lumberjack Landing Trail Addition) creating three new lots. LUMBERJACK LANDING TRAIL ADDITION RIGHT ANGLES TO CENTERLINE OF -- RAILROAD r \\ \ . i \ --1246.30 DESC. CL ------ / --- / �; SO4°01'25"E2;�5, y�r� -- , LEMON PARCEL PER /_! __ 119.74 CL o 8 \ \ I WEST LINE OF \ BOOK 29, PAGE 83 -- - - - /,/ j T'24,0p \-- VACATED LAKE \\\ \\NO3°52'44"W s58 / \� ti( S89°4g STREET 270 ----LINE PARALLEL WITH -I \ 2 \ �(p° r'w_ \SYCAMORE ST. \ \ ��\ \, P.O.B. PER\ \ BOOK 2q, \ PAGE 83 \ \ \ 0 $5A 3 N04°01'25"W %i A2. UNDEFINED EASEMENT PER DOC. NO. 3875364 OVER ENTIRE PARCEL -� \ g PtJp p 30� 0� P��S�PPG�3 / I /C.BR005, G.=SO4°26'06"E R-0-47'46.95 _2890 I\" L 3 4-1 UNDEFINED EASEMENT N PER DOC. NO. 3875364 O /OVER ENTIRE PARCEL L=156.42 \` R= 2838.27 R 0=7°2451" \\ R=2839.27 ', , --- L=367.41 -- L=118.57 ;�39.00 L=2°23'34" 1 L= 516.6 8 R=2800. 271 0=10°34'18 i Ike r • • \ o M I L /7--230.00 • EXCEPTION - 1' STRIP OF - LAND DESCRIBED THIRD IN DEED DATED SEPTEMBER 8, 1902 FROM NORTHERN PACIFIC RAILWAY COMPANY TO NORTHWEST THRESHER .COMPANY A tin .. .-. s \\\ // /' co 10 "' I OUTLOT A L=518.34 CL A=10°34'18" CL R=2809.27 CL 0 50 L=270.91-- 100 SCALE: 1 INCH = 50 FEET SCALE IN FEET / I I N05°44 '79"E 3.58 00 m I I ° 00 00 /1 1.'",/ v//t_ i l /"1//"I;//-- /"1/ / II AI L - , It I EASEMENT FOR SEWERS AND LAKE DRAINS OVER ENTIRE VACATED DEEDSAGE S TREET PER SO 70 OF 338 \ / I 0 234.33 \ 327.97 ---- - I 1 L_L //7 ;" L28174 95 A==0°45'17'„ \ C.BRG.=SO4°27 20 E F i 1 \ THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE SOUTH LINE OF GOVERNMENT LOT 4 OF SECTION 21, T30, R20 WHICH IS ASSUMED TO HAVE THE BEARING OF N89°39'24"E. \ c)0 \ \ ir m • • • • \ \ FOUND I-3/4 INCH - IRON PIPE /.'/ / y/L/- fn/"///"I//`-; "1Y/ 4-- " el L ,/ FOUND I/2' IRON PIPE -MARKED RLS 13774 OVER TOP OF- STONE MONUMENT IOUTL T A M I 0 ul ,' ,EASEMENT FOR SEWERS AND I r DRAINS OVER ENTIRE VACATED \\ LAKE STREET PER B00 70 OF DEEDS, PAGE 338 \ CENTERLINE OF FORMER RAILROAD AS SHOWN ON SURVEY DATED 4-8-1989 i BY BARRETT. M. STACK \ I / /A'� N04°4959„FT _/ I , _ 265.57 N04°49'59"W 265 57 CL S045. 57 49'59"E Z - 540.35 DESC. 535.37 MEAS. TO SLY LINE OF EAST LAUREL ST. N05°44'20„E r-E'LY LINE PACIFIC R OF ROAD THERN 713.22 806.86 S05°44 '20" W OUTLOT C 478.89 C.BRG.=N05°28'19^E - _�=1 °54'58" R=14799.71 L=494.90 478.89 \� SO 0� 860%LCL �--OUTLOT B 0 DENOTES SET 1 /2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. • DENOTES FOUND 1 /2 INCH IRON PIPE MARKED RLS 13774 UNLESS OTHERWISE INDICATED. DENOTES FOUND WASHINGTON COUNTY MONUMENT 1-1 AS NOTED \\ 1 UNDEFINED 1 EASEMENT PER DOC. NO. 3875364 OVER ENTIRE PARCEL T /"1 // • I �' v "/ ,. ; / / 1v. UNDEFINED EASEMENT PER DOC. NO. 3875364 /--\ OVER ENTIRE PARCEL-`"'\ \ \ \ CENTERLINE OF FORMER ---/ RAILROAD AS SHOWN ON SURVEY DATED 4-8-1989 BY BARRETT. M. STACK - /trrr I �\ I � LOCATION OF 30' WIDE DRIVEWAY EASEMENT PER DOC. NO. 4010636 AS DEPICTED ON EXHIBIT C A=5°01'37" CL R=2809.27 CL L=246.48 CL / I 0 I�L- I\ S� A=5°0144 0- RIGHT OF WAY PER BOOK 55 OF DEEDS, --_ PAGE 208 ., -, • // a� a �o 13 0 \--.4`A 7 ::' \ i • \ 0 o VGt L=367.41 R= 2839.27 A= 7°24 ' 51" ----� L=248.8 39.00< L=516.68 S 1/4 CORNER OF- SEC. 21, T30, R20, FOUND WASHINGTON COUNTY CAST RON MONUMENT 1/ \I COMPUTED SW CORNER OF SEC. (i) WASHINGTON COUNTY -- CAST IRON MONUMENT N4 snco \ NCH RON PPE \ MARKED RLS 13774 CO cc'n NORTH 1246.30 CL DENOTES MATHEMATICAL DATA FOR THE FORMER CENTERLINE OF THE RAILROAD. CORNERSTONE LAND SURVEYING, INC. SHEET 2 OF 2 SHEETS cv 700 ou 0 cn ou SAN NH RIM=723.4 INV=712.9 RIGHT CENTS OF RAILR oU LEMON PARCEL PER BOOK 2q, PAGE 83 -_39" RCP C-CL 6q0 SO4°01'25"E -- 275.00 77� -724 kr LAN UNDEFINED EASEMENT N DEED DATED PER DOC. NO. 387 8, I 1/OVER ENTIRE PARCEL PACI Q TO NO THWEST TH ER ��� o -L >56.42 co Y 0 0 1 / 686 688 6q0 N04°0925"W700 -- oL 116.69 - ,11` �;-SO4°01'25"E2 2; ��� 19.74 CL ‘\ NO3°52'44"W S 5 8o2g IT'24. pp SO4°02 - 750 L= 371.16 WEST LINE OF R= 28174. 9 - VACATED LAKE \ O°45 �0"E STREET C.BRG.=SO4°27'720 \ R A=7°24'51„'\,, R= 2839. 27 \\ L=367.4> -- -- L=118.57 -- ' 9 p p 4=2°23'34" 00 7:r== I 1 I oo o -- A=5°32'35" cs cn O• N z ci J cn LEGAL DESCRIPTION: MATCH LINE A L= 516. 68 R= 2800.27 1 A=10°34'18I L ou ou 011 R= 2838.27 \�I\ C 27" ` i i / / '� / I / 1 / I L=5 A=1 As shown on the DCA Title as agent for Old Republic National Title Insurance Company Title Commitment No. 22-03021 7-RC issued on March 1 7th, 2022. ou 7/o That portion of BNSF Railway Company's (formerly Northern Pacific Railway Company) Stillwater Branch right of way, as now located in Section 21 and Section 28, in Township 30 North, Range 20 West, Fourth Principal Meridian, Washington County, Minnesota described as follows: That portion of that certain 26-foot-wide strip of land described first in deed dated November 7, 1888, from Frank H. Lemon and M. Oretha Lemon to Stillwater and St. Paul Railroad Company, recorded August 13, 1889, in Book 29 of Deeds, page 83, records of Washington County, Minnesota, lying Southerly of a line drawn at right angles to the main track centerline of said Stillwater Branch at a point distant 1,246.3 feet Southerly of the Easterly extension of the South line of the North Half of Lot 4, Block 32 of Carli and Schulenburg's Addition to Stillwater, as measured along said main track, as now located and constructed, said line also being the Southerly boundary of that certain parcel of land described seventh in Donation Deed dated July 22, 1983 from Burlington Northern Railroad Company to Minnesota Transportation Museum, Inc. Also, a 30-foot-wide strip of land lying immediately East of the centerline of the main track of said Stillwater Branch, as originally located and constructed, lying Southerly of the Southerly boundary line of said hereinabove described 26-foot-wide strip of land and Northerly of the North line of East Laurel Street, extended Easterly in the original town, now City of Stillwater, Minnesota. Excepting therefrom, that certain strip of land described third in deed dated September 8, 1902 from Northern Pacific Railway Company to Northwest Thresher Company. Also, a 9-foot-wide strip of land lying immediately West of the centerline of the main track of said Stillwater Branch, as originally located and constructed, lying Southerly of the southerly boundary line of said hereinabove described 26-foot-wide strip of land and Northerly of the North Line of East Laurel Street, extended Easterly in the original town, now City of Stillwater, Minnesota. OU PTEMBER OM NORTHERN RAILWAY COMPANY N05°4� 19„E, c 0 3,0 gs_ ,,\ ot 0 TITLE NOTES: EASEMENT FOR SEWERS AND DRAINS OVER ENTIRE VACATED LAKE STREET PER BOO 70 OF DEEDS, PACE Survey related easements ss shown on the DCA Title as agent for Old Republic National Title Insurance Company Title Commitment No. 22-030217-RC issued on March 17th, 2022. 3. Right of Way Easement filed in Book 32 of Deeds at page 60. 4. Right of Way Easement filed in Book 55 of Deeds at page 208. 5. Vacation filed in Book 70 of Deeds at page 338. 6. Undefined Easement shown in Deed filed as Document No. 3875367 7. Easement filed in Document No. 4010636. SURVEY NOTES: BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983. BEARING ARE DIFFERENT THAN SHOWN ON THE RECORDED PLAT. ALL INTERIOR ANGLES MATCH THE RECORDED PLAT ANGLES . 2. UNDERGROUND UTILITIES SHOWN PER VISIBLE OBSERVATION AND INFROMATION PROVIDED BY THE CITY OF STILLWATER PUBLIC WORKS 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 4. THE MAJORITY OF THE CONTOURS SHOWN PER LIDAR DATA OBTAINED FROM THE DNR MNTOPO WEBSITE. NOT FIELD VERIFIED. 5. FIELD TOPOGRAPHY SURVEY DATED 12-16-21 IN AREAS SHOWN WITH SPOT 6. WINTER CONDITIONS MAY HAVE HINDERED OUR ABILITY TO LOCATE OBVIOUS IMPROVEMENTS. 7. WETLAND FLAGS SHOWN FIELD LOCATED BY CORNERSTONE LAND SURVEYING. NO OTHER INFORMATION WAS PROVIDED. co DEVELOPMENT DATA:: FO MONUMENT TOTAL PARCEL AREA = 79,999 SQ FT. PROPOSED OUTLOT A = 60,907 SQ.FT. PROPOSED OUTLOT B = 3,303 SQ.FT. 676 o FLY LINE OF NORTHERN PACIFIC RAILROAD-, PROPOSED OUTLOT C TO BE RETAINED BY THE YATCH CLUB. 0 '59"W DRAINS OVER LAKE STREET MEAS. TO StY LIN UNDEFINED EASEMENT OVER ENTIRE PARCEL--"-\ 478.89 CENTERLINE OF F RAILROAD AS 5 BY BARRETT. M. PER 57 37 y sr LOCATION OF- 30' WI* DRIVEWAY EASEMENT BIT C • CALL BEFORE YOU DIG! Gopher State One Call TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 L=248. L=245.78 -42.04 INCH IRON PIPE 13774 OF SEC. 21, T30, R20, \i COMPUTED POSITION 01 Ali N. TAA \- LUMBERJACK LANDING I=ZA I I_ ADDITION CONTACT: Shawn Sanders Director of Public Works City of Stillwater Office 651 430-8835 E-mail ssanders@ci.stillwater.mn.us COUNTY/CITY: NORTH 0 50 100 DATE REVISION 7-29-22 PRELIMINARY ISSUE 8-1-22 REVISE OUTLOTS CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Date: 7-29-22 PROJECT LOCATION: Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. PRELIMINARY LUMBERJACK LANDING TRAIL ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That the Stillwater Marina & Yacht Club, LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Washington, State of Minnesota, to wit: That portion of BNSF Railway Company's (formerly Northern Pacific Railway Company) Stillwater Branch right of way, as now located in Section 21 and Section 28, in Township 30 North, Range 20 West, Fourth Principal Meridian, Washington County, Minnesota described as follows: That portion of that certain 26-foot-wide strip of land described first in deed dated November 7, 1888, from Frank H. Lemon and M. Oretha Lemon to Stillwater and St. Paul Railroad Company, recorded August 13, 1889, in Book 29 of Deeds, page 83, records of Washington County, Minnesota, lying Southerly of a line drawn at right angles to the main track centerline of said Stillwater Branch at a point distant 1,246.3 feet Southerly of the Easterly extension of the South line of the North Half of Lot 4, Block 32 of Carli and Schulenburg's Addition to Stillwater, as measured along said main track, as now located and constructed, said line also being the Southerly boundary of that certain parcel of land described seventh in Donation Deed dated July 22, 1983 from Burlington Northern Railroad Company to Minnesota Transportation Museum, Inc. Also, a 30-foot-wide strip of land lying immediately East of the centerline of the main track of said Stillwater Branch, as originally located and constructed, lying Southerly of the Southerly boundary line of said hereinabove described 26-foot-wide strip of land and Northerly of the North line of East Laurel Street, extended Easterly in the original town, now City of Stillwater, Minnesota. Excepting therefrom, that certain strip of land described third in deed dated September 8, 1902 from Northern Pacific Railway Company to Northwest Thresher Company. Also, a 9-foot-wide strip of land lying immediately West of the centerline of the main track of said Stillwater Branch, as originally located and constructed, lying Southerly of the southerly boundary line of said hereinabove described 26-foot-wide strip of land and Northerly of the North Line of East Laurel Street, extended Easterly in the original town, now City of Stillwater, Minnesota. FOUND BROKEN OFF CAST IRON MONUMENT Sgg°32 FOUND 1/2 u-- INCH RON // PRE MARKLED RLS 8612 1 / — 1�/ LEMON PARCEL [PER PAGE 83 k'i' BOOK 2q, /1 / 1 7 I 1 I/J / \.n 0 - � I 1 1 50 Have caused the same to be surveyed and platted as LUMBERJACK LANDING TRAIL ADDITION and does hereby dedicate to the public for public use forever the easements created by this plat for drainage and utility purposes only. In witness whereof said Stillwater Marina & Yacht Club, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20__. Signed: Stillwater Marina & Yacht Club, LLC, a Minnesota limited liability company, Andy R. Malon, owner STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20__, by Andy R. Malon, the owner of Stillwater Marina & Yacht Club, LLC, a Minnesota limited liability company, on behalf of the company. (signature) (printed name) Notary Public, County, My Commission Expires I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted or directly supervised the surveying and platting of the property described on this plat as LUMBERJACK LANDING TRAIL ADDITION; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on the plat have been correctly set; that all water boundaries and wet lands as of this date, as defined in Minnesota Statutes Section 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled on this plat. Dated this day of , 202___. Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 2571 8 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me on this day of , 202___, by Daniel L. Thurmes, Licensed Land Surveyor. (signature) Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2025 H 100 SCALE: 1 INCH = 50 FEET SCALE IN FEET \/ " L- NORTH FOUND --STONE MONUMENT /= y' ;' /' 't `'.i' y 1 n r • / I f l /_ (print) n n / ♦/l /// v/�'-- F/,/1V//AI'/LF_, /�1V// „' N04°01'25"W 1117.68 _ SO4°01'25"E 1118.07 THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE SOUTH LINE OF GOVERNMENT LOT 4 OF SECTION 21, T30, R20 WHICH IS ASSUMED TO HAVE THE BEARING OF N89°39'24"E. <_/ 1246.30 CL // I /// ///,/ 1 ; / /1; \V/ ,/ / // PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATER The foregoing plat of LUMBERJACK LANDING TRAIL ADDITION was approved and accepted by the Planning and Zoning Commission of the City of Stillwater, Minnesota, this day of , 202____. By Vice Chairperson By its Secretary CITY COUNCIL OF THE CITY OF STILLWATER This plat of LUMBERJACK LANDING TRAIL ADDITION was approved by the City Council of the City of Stillwater, Minnesota, this day of , 202___ and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2 By , Mayor By , Clerk WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 1 1 , this plat has been reviewed and approved this day of , 202 By Washington County Surveyor By WASHINGTON COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 202___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.1 2, there are no delinquent taxes and transfer entered, on this day of 202 By Washington County Auditor/Treasurer By Deputy WASHINGTON COUNTY RECORDER Document Number hereby certify that this instrument was recorded in the Office of the County Recorder for record on this day of 202___, at o'clock ____. M., and was duly recorded in Washington County Records. By Washington County Recorder By Deputy LEMON PARCEL PER ;--BOOK 2q, PAGE 83 1 1 I A/ n —/— r— r '' v/ /' 1 / _ /- DENOTES SET 1 /2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. • DENOTES FOUND 1 /2 INCH IRON PIPE MARKED RLS 13774 UNLESS OTHERWISE INDICATED. DENOTES FOUND WASHINGTON COUNTY MONUMENT 1-1 AS NOTED 1246.30 CL DENOTES MATHEMATICAL DATA FOR THE FORMER CENTERLINE OF THE RAILROAD. CENTERLINE OF FORMER RAILROAD PER COUNTY LOCATION PRIOR TO REMOVAL--1 ir\--SOUTH LINE OF- / MAIN STREET TO P.O.B„ SO4°01'25 E _-- 275.00— 1 VICINITY MAP coO ccs co co 111 II SO4°01'25"E 1 �\ > LEMON PARCEL PER / BOOK 2q, PAGE 83 i ST. CROIX GIVER STONEBRIDGE TRAIL. N. (C.S.A.H. 5) RIGHT ANGLES TO CENTERLINE OF RAILROAD SEC. 21 AND SEC. 28, TWP. 30, RNG. 20, WASHINGTON COUNTY, MN CORNERSTONE LAND SURVEYING, INC. SHEET 1 OF 2 SHEETS