HomeMy WebLinkAbout2024-06-26 CPC Agenda PacketI( Iwa ter 216 41h Street N, Stillwater, MN 55082
651-430-8800
The Birthplace of Minnesota www.stillwatermn.gov
AGENDA
PLANNING COMMISSION MEETING
June 26, 2024
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
1. Possible approval of May 22, 2024 regular meeting minutes.
IV. OPEN FORUM - Open Forum allows the public to address subjects which are not a part
of the meeting agenda. The Chairperson may reply at the time of the statement or give
direction to staff. Please limit your comments to 5 minutes or less.
V. CONSENT AGENDA — these items are considered to be routine by the Planning
Commission and will be enacted by one motion. Anyone may request an item to be
removed from the consent agenda and considered separately.
2. Case No. CD2024-020: Findings of Fact for Denial of Variance to Maximum Lot
Coverage for Proposed Pool at 3085 Lowell Ct (Staff Reviewer: Katriona Molasky,
651-430-8822, kmolasky(a-_)stillwatermn.gov)
VI. UNFINISHED BUSINESS
VII. PUBLIC HEARINGS - 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.
3. Case No. CD2024-029: Variance to Maximum Lot Coverage for Proposed Deck at
3311 Millbrook Cir (Staff Reviewer: Katriona Molasky, 651-430-8822,
kmolasky(a-)_stillwatermn.gov)
Vill. NEW BUSINESS
4. Zoning Code and Subdivision Code Amendment — Allowable Uses and District
Standards (Staff Reviewer: Ben Gutknecht, 651-430-8818,
bgutknecht(a�stillwatermn.gov)
IX. DISCUSSION
X. FYI — STAFF UPDATES
XI. ADJOURNMENT
WORKSHOP Immediately Following Regular Meeting
The Workshop will not be televised.
XII. CALL TO ORDER
XIII. ROLL CALL
XIV. OTHER BUSINESS
5. Planning Commission Work Plan Development
(499ateir
THE lINTNELACE OF MINNESOTA
PLANNING COMMISSION MEETING MINUTES
May 22, 2024
WORKSHOP MEETING
Chairman Dybvig called the workshop to order at 5:35 p.m.
Present: Chairman Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Swanson,
Councilmember Odebrecht
Absent: None
Staff: Community Development Director Gladhill
OTHER BUSINESS
Planning Commission Work Plan Development
Community Development Director Gladhill reviewed the draft Purpose Statement and Vision
Statement developed April 17. He explained that this workshop is Part 2 of the process
designed to lay the foundation for an Annual Work Plan.
Planning Commission Purpose Statement draft
Mr. Gladhill reviewed the proposed draft Purpose Statement, based on previous Commission
input: "The Planning Commission helps guide and communicate the future vision of the
community. It provides the voice of the community on important land use topics, ensuring a
diverse set of voices have an opportunity to be heard. It ensures a safe, healthy, and vibrant
community through the Comprehensive Plan and Zoning Code." He added that a Commissioner
suggested the following version: "Through diligent oversight of the Comprehensive Plan and
Zoning Code [added by staff: and open communication], we commit to maintaining a safe,
healthy, and vibrant community for everyone." He asked for feedback on these two versions.
After discussion, the Commission agreed on: "Through diligent oversight of the Comprehensive
Plan and Zoning Code, and listening to the voice of the community, we commit to maintaining a
safe, healthy and vibrant community for everyone."
Planning Commission Vision Statement draft
Mr. Gladhill shared the draft Vision Statement created by staff based on April 17 Commission
discussion: "The Planning Commission envisions a community that accelerates housing supply,
retains and expands employment opportunities, and improves community accessibility that
meets the community's diverse needs. It strives to strike a balance between historic
preservation and economic growth. The Commission also acknowledges a need to increase
focus on community sustainability and transparency." He asked for feedback.
After discussion, the consensus of the Commission was: "The Planning Commission envisions a
community that focuses on housing needs, employment opportunities, and a diverse
community. We support historic preservation, economic growth, and environmental
sustainability."
Strategies
Planning Commission
May 22, 2024
Mr. Gladhill led an exercise asking each Commission to define potential Planning Commission
strategies.
Commissioner North: housing opportunities, intentionally diverse appointments to
Commissions, multi -jurisdictional cooperation - for example along Highway 36, maintaining a
focus on riverfront
Commissioner Swanson: partnership with other communities, downtown focus, continue with
zoning updates, eliminate or reduce redundancy in processes
Commissioner Hoffman: continue to streamline code, housing incentives, pursue grants year-
round for wintertime events, support transportation policies that improve options for the
community
Commissioner Steinwall: incorporate environmental provisions into the planning process in
conjunction with Zoning Code updates, drill down on the Comprehensive Plan and Zoning Code
update, support developing policy statements and a housing plan, seek diversity in community
participation on Commissions
Councilmember Odebrecht: the City Council should use the Comprehensive Plan more,
proactively seek diversities, do something with industrial park (make it more attractive via
code), diversify tax base
Chairman Dybvig: preemptive housing, encourage housing projects, diversity on advisory
committees, historic preservation equals sustainability, figure out how to do more
neighborhood commercial, get more density into the Zoning Code
Commissioner Cox: proactive housing opportunities, making the community attractive to
developers, seeking grant money available or other ways to sweeten the deal, think proactively
regarding commercial development
Commissioner Swanson added: use more tax increment financing when applicable
Mr. Gladhill pointed out the City has an Economic Development Authority (EDA) that also has
the powers of a housing/redevelopment authority. The Council serves as the EDA.
Commissioner Steinwall suggested consideration of creating an advisory group to provide
input on housing needs.
Mr. Gladhill summarized: 1) housing 2) riverfront/environmental sustainability, and within
that is historic preservation 3) economic development plan or strategy including
industrial/job growth and neighborhood commercial growth. Also, focus on Zoning Code
update, streamlining and removing redundancy, partnership with other jurisdictions, a Comp
Plan deep dive, focus on diversity in Commissions.
Councilmember Odebrecht described an exercise that could be done using coins, each with an
assigned cost, to symbolize items on the "wish list."
Chairman Dybvig recommended the Commissioners all read the Comprehensive Plan before
the next meeting.
The workshop was recessed at 6:34 p.m.
RECESS
REGULAR MEETING 7:00 P.M.
Chairman Dybvig called the meeting to order at 7:00 p.m.
Page 2 of 10
Planning Commission May 22, 2024
Present: Chairman Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Swanson,
Councilmember Odebrecht
Absent: None
Staff: Community Development Director Gladhill, Planning Manager Gutknecht, Assistant
City Planner Molasky
ELECTION OF CHAIR AND VICE CHAIR
Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to nominate Dybvig and
Steinwall to continue as Chair and Vice Chair. All in favor.
APPROVAL OF MINUTES
Possible approval of minutes of April 24, 2024 workshop and regular meeting
Motion by Commissioner Cox, seconded by Commissioner Swanson, to approve the minutes of the
April 24, 2024 workshop and regular meeting. Motion passed 6-0-1 with Commissioner Hoffman
abstaining.
OPEN FORUM
Marie Liberda, 1020 Nena Drive, spoke of the need for homeless services and asked that the
Planning Commission support the proposed Emergency Housing Services Building.
CONSENT AGENDA
There were no items on the Consent Agenda.
UNFINISHED BUSINESS
There was no unfinished business.
PUBLIC HEARINGS
Chairman Dybvig explained the procedure for public hearings.
Case No. CD2024-021: Interim Use Permit (renewal of previous approvals) for Mobile Food Unit
for Gloria's to Go
Planning Manager Gutknecht explained that applicant Cory Buettner is seeking an Interim Use
Permit (IUP) for seasonal outdoor seasonal food vending located at 127 Main Street South,
Leo's Grill and Malt Shop. The applicant has been operating the proposed food vending in some
capacity since 2020, and has been operating "Gloria's To Go" since 2021. Due to a change in
Code, the applicant is now required to obtain an Interim Use Permit. Staff recommends
approval with five conditions.
Chairman Dybvig opened the public hearing. There were no public comments. The public
hearing was closed.
Motion by Commissioner Hoffman, seconded by Councilmember Odebrecht, to recommend that
the City Council adopt a Resolution Approving an Interim Use Permit for the Placement of a
Seasonal Food Vending Trailer at 127 Main Street South (Leo's Grill & Malt Shop) (Case No.
CD2024-021). All in favor.
Case No. CD2024-004: Zoning Amendment, Planned Unit Development Amendment, Conditional
Use Permit and Site Plan Review for Washington County Emergency Housing Services Building
Mr. Gladhill explained that the City has received multiple applications regarding the
Washington County Emergency Housing Services Building (EHSB). The proposal is for a 30
Page 3 of 10
Planning Commission
May 22, 2024
Unit Medium Density Residential Building. Zoning approvals necessary for this project include:
Zoning Map Amendment and Lot Line Adjustment (for one small `infill 'parcel); Conditional
Use Permit (for the overall use); Planned Unit Development Amendment (to amend the overall
master plan for the Washington County Government Center Campus); Site Plan Review (for
compliance with Zoning Code Massing Standards). The proposed building would be added to
the existing campus, with shared parking facilities in addition to new parking constructed as
part of this project. He added that the scope of the Planning Commission review is limited to
conformance with the City's Zoning Code; discussion on the needs, merits, funding and
operation of this proposed use is outside the scope of the Planning Commission's review. Staff
recommends approval of the zoning requests.
Kristen Scobie, Assistant Director of Community Development with the Washington County
Community Development Agency, offered to answer questions.
Councilmember Odebrecht asked what was the Washington County reaction to the conditions
requested by the City of Oak Park Heights.
Ms. Scobie answered that the County finds the conditions are reasonable and consistent with
expectations for parking access and utility access. Regarding the suggested condition on the
number of beds, the proposal is for 30 sleeping rooms which meets the anticipated need;
Washington County does not anticipate adding beds in the future.
Councilmember Odebrecht asked Mr. Gladhill to confirm that the proposed conditions covering
parking, the review of an Oak Park Heights engineer for utilities, and future expansion are
redundant to the City of Stillwater's normal process.
Mr. Gladhill said yes, current code has a provision that if an expansion is minor enough it can
be approved at the staff level. If the City of Stillwater wishes to require that any expansion
require a public hearing, it can be put in as a condition. Staff recommends following the
standard process, allowing minor expansions to be approved by staff.
Chairman Dybvig opened the public hearing.
Gretchen Rugg, 15143 Upper 61st St directly east of the Government Center, voiced concern
that there is not a gate or fence between the neighborhood and the business to provide a
boundary for the residents.
Renae Oswald Anderson, 7789 Manning Ave N, provided statistics on the need for homeless
housing in Washington County and urged the Commission to support the CUP.
Eliza Chlebeck, Vice Chair of Valley Outreach and VP of Communications and Community for
Andersen Corporation and a Stillwater resident, spoke in support of the project.
Diane Berlin, a resident of St. Croix Villa townhouses directly behind the site, said 25 of the 30
Villa residents are seniors; they are scared because they will have no protection from EHSB
residents coming into their area out of curiosity. They need a fence. They also are very
concerned about property values.
Katherine Noble, 6120 Oxboro Ave N, Oak Park Heights apartments, said she uses the
footpaths around the campus and has no problem with the proposal. She does not think it will
make a huge impact in the neighborhood; she looks forward to welcoming people who need
housing.
Blake Van Denburgh, 15169 64th St N, Oak Park Heights, also part of the Oak Park Heights
Planning Commission, said he is concerned about the traffic study released today showing a
Page 4 of 10
Planning Commission
May 22, 2024
24% increase in traffic on Oxboro and 11% increase on 62nd St. There are small children in
these communities and the increased traffic flow will cause an impact. He also is concerned
about wetlands and would like the Department of Natural Resources (DNR) to review the
proposal for potential problems. He also is concerned about setbacks, which theoretically meet
Stillwater regulations but should be re-evaluated because Highway 36 is down a steeply sloped
hill. He shared concern about population changes and people walking around the
neighborhood. He said all but one person who lives in a 5-mile radius of the site has said they
don't want it. He does not support the proposal and feels it needs more evaluation by the City.
Jeff Anderson, 932 4th Ave S, said he is in favor of the project and respects the work done by
the City, County and staff to ensure all requirements are met.
Chairman Dybvig asked Mr. Gladhill to respond to questions raised during the public hearing.
Mr. Gladhill said he doesn't believe that a gate or physical barrier is planned to close off the
trail. The proposal meets stormwater and wetland requirements and the Middle St. Croix
Watershed Management Organization did a robust review of the stormwater pond and the
steep slopes that go down to Highway 36. The project meets steep slope setbacks and does not
require DNR approval or any further wetland review.
Denise Thompson, St. Croix Villa, echoed Ms. Rugg's concern about boundaries. She stated at an
earlier meeting, she was assured that there would be a perimeter boundary.
Ms. Scobie stated at this point they don't intend to make a connection to the existing trail
running along the east side and do not intend to extend that to the west to connect with other
portions of the trail along the Government Center. There will be perimeter fencing
encompassing the entire north section of the parcel, which is green space, and extending to the
south with an emergency egress per law. The very steep slope would make it difficult for
people to make their way down to the trail.
Councilmember Odebrecht pointed out the close proximity of the sheriff's office, and said he
does not know how to put this facility any closer to police.
Chairman Dybvig closed the public hearing. He noted that his wife submitted a letter of
support from Valley Outreach, but they have not had any substantive discussion and have no
financial interest. Therefore he does not feel obligated to recuse himself from the deliberation.
Motion by Councilmember Odebrecht to recommend that the Stillwater City Council approve the
Zoning Ordinance Amendment, the Planned Unit Development Amendment, the Consolidation of
Parcels, the Conditional Use Permit for a Residential Use, and the Site Plan to Facilitate an
Emergency Housing Services Building at 14949 62nd St N (Washington County Government
Center), with one of the Oak Park Heights -recommended conditions modified: he does not feel it is
the City's position to dictate staffing (24/7), and believes that a staffing plan deemed adequate by
the City is enough at this point.
Mr. Gladhill said City staff would support removal of that condition if desired.
Councilmember Odebrecht changed his motion and moved to approve with the two Stillwater
staff -recommended conditions but without any of the four Oak Park Heights -recommended
conditions, as he feels they are redundant. Commissioner Steinwall seconded the motion with
Councilmember Odebrecht's friendly amendment.
Page 5 of 10
Planning Commission
May 22, 2024
Mr. Gladhill pointed out that the first of two readings for the zoning map amendment for the
infill parcel annexed in 2019 will be held by the City Council on June 4; it will not be full project
review nor approval. The final action to be considered by the Council is expected to be June 18.
Councilmember Odebrecht commented that he has a loved one who has needed the support of
his community; a community can be judged best by how they treat the least. Commissioner
North echoed the comment, adding that he appreciates some of the conditions suggested but
he agrees that they don't fall under purview of the Planning Commission.
All in favor.
Case No. CD2024-017: Variance to Maximum Lot Coverage for Proposed Deck at 3060 White Pine
Way
Planning Manager Molasky stated that applicants Samuel and Allison Berndt are seeking a
Variance for construction of a deck that would increase the lot's total impervious surface over
the allowed 25%. The project site is a 12,305 square foot residential lot which contains a two-
story single-family dwelling and an attached garage built in 2011. The home has a back
doorway leading to nowhere, indicating a future deck was part of the final construction plans.
The proposed 544 square foot deck would be located behind the house; it would increase the
lot coverage to approximately 29.6% (3,642 square feet) necessitating a variance. At the time
of construction a deck was not considered impervious surface coverage and would not have
needed a variance. Based on the plight outlined by the landowner that their home was built to
accommodate a deck but they cannot build due to a change in impervious surface
interpretation, staff believes this satisfies the required practical difficulty requirements.
Letters of support were received from two neighbors. Staff recommends approval of this
request.
Allison Berndt, applicant, added that without a deck, the rear door would not be useable for
escape in the event of a fire.
Chairman Dybvig opened the public hearing. There were no public comments and the public
hearing was closed.
Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to adopt Resolution
2024-PC 2024-02, Resolution Approving a Variance Request to Exceed the Maximum Allowable
Structural Impervious Surface of 25% at 3060 White Pine Way (Case Number CD2024-017).
Commissioner Cox asked for clarification on requirements, noting two different coverage
percentages of 50% and 25% in the staff report.
Ms. Molasky explained the shoreland management overlay district restricts coverage to 25%
while the entire Millbrook development carried a 50% threshold; the entire development is
not within the shoreland management overlay district.
All in favor.
Case No. CD2024-016: Conditional Use Permit for Indoor Commercial Recreation (Fitness
Center) in the Central Business District at 107 Chestnut St E (Historic Armory Building
Mr. Gutknecht explained that the owner requests a Conditional Use Permit for Indoor
Commercial Recreation for a proposed tenant to operate a fitness center in the basement level.
There are no exterior modifications or expansion planned. Staff recommends approval.
Commissioner Steinwall asked if the Commission should be concerned about parking, and Mr.
Gladhill answered no. The downtown parking system has evolved and the City has moved
Page 6 of 10
Planning Commission
May 22, 2024
away from the old way of doing parking mitigation with fees. The City does not put the parking
burden on existing buildings any longer. Parking here is considered compliant because it is in
the downtown district. There is some parking on the east side of the building and an enclosed
parking garage nearby.
Matthew Wolf, one of owners and part of the group that purchased the property in 2018,
explained that when it was redeveloped, a parking study was done looking at availability of
parking in the area. The resident parking is self contained on site. At that time the need was
deemed to be 45.33 spaces as determined by City's code. Currently the office tenant is using
about 15 of that capacity and the rest of the parking is not used.
Chairman Dybvig opened the public hearing. There were no public comments and the public
hearing was closed.
Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to recommend that the
City Council adopt a Resolution Approving a Conditional Use Permit for Indoor Commercial
Recreation located at 107 Chestnut Street East (Case No. CD2024-016). All in favor.
Case No. CD2024-018: Variance to Front Yard Setback to Facilitate Accessibility Improvements at
522 4th St S
Planning Manager Molasky explained that applicant Wally Nelson on behalf of Simonet
Building LLC is seeking a Variance to the front yard setback to permit the construction of a
vestibule and accessible entrance on Walnut Street West. The project also includes a general
renovation of the exterior of the building, including new roof, siding, windows, doors, and faux
stone. This was approved by the Heritage Preservation Commission on May 15, 2024. Staff
recommends approval.
Wally Nelson, applicant, said the project will update a building that was built in the 50s and
provides office space for several users. An ADA compliant bathroom was previously added but
it would be impossible to get inside the building with a wheelchair.
Chairman Dybvig opened the public hearing. There were no public comments and the public
hearing was closed.
Motion by Commissioner Cox, seconded by Councilmember Odebrecht, to adopt Resolution PC
2024-03, Resolution Approving a Variance Request to Build in Front Yard Setback at 522 4th
Street South (Case Number CD2024-018). All in favor.
Case No. CD2024-019: Variance to Maximum Lot Coverage for Proposed Deck at 3480 87th St N
Planning Manager Molasky stated that applicant Richard L. Beard Sr. is seeking a Variance to
exceed the 35% allowed impervious surface coverage and permit the construction of an
approximately 128 square foot deck. The project site is a 9,152 square foot residential lot
which contains a single -story single-family dwelling and an attached garage built in 2020. The
home was built with a door to a small stairway leading to the backyard. The addition of the
deck would increase the lot coverage to approximately 36% (3,319 square feet), an increase of
approximately 1%. Based on the plight outlined by the landowner that they would like to have
a deck that their home cannot accommodate, based on impervious surface requirements, staff
believes this does not satisfy the required practical difficulty requirements and recommends
denial.
Richard Beard Sr., applicant, stated his crippled knee makes stairs difficult and the request will
allow him to barbecue at his home. He bought the home because it is single story. He learned of
Page 7 of 10
Planning Commission
May 22, 2024
the 35% lot coverage limit for the first time when his first building permit was rejected by the
City. In response, his architect revised the design to comply with the requirement but he was
not advised to have a smaller home footprint to allow for a future deck. He stated that Ms.
Molasky conveyed to him that staff ultimately finds the request reasonable. He believes the
new deck will not alter the character of the neighborhood and will enhance the property. He
shared that a variance was approved for his neighbor at 3490 whose lot is smaller than his.
Chairman Dybvig opened the public hearing.
Bruce Batchelor, 3484 87th St N next door, spoke in support of the proposal.
Edward Otis, 12070 87th St Cir N spoke in support of the request. He provided aerial views of
the other properties and read a letter explaining the history of development of the
neighborhood. He questioned the strict application of the impervious surface coverage
requirement, citing statute and past practice involving other variances that have been granted.
He suggested viewing decks as mini parks on private property, toward satisfying park
dedication requirements.
Mr. Beard pointed out that Ms. Molasky had provided two resolutions to the Commission, one
of denial and one of approval.
Richard Beard Jr., 3358 Pioneer Place, urged the Commission to grant the variance and shared
how his father greatly enjoys his backyard which is accessed by 3-4 steps leading to a ledger
board. He said the steps have settled and are beginning to slant causing a safety concern.
Chair Dybvig closed the public hearing.
Councilmember Odebrecht stated that the deck being 2 1/2 feet above the ground precludes
the possibility of creating a usable impervious surface below it.
Motion by Councilmember Odebrecht, seconded by Commissioner Cox, to adopt Resolution PC
2024-04, Resolution Approving a Variance Request to Exceed the Maximum Allowable Structural
Impervious Surface of 35% at 3480 87th Street North (Case Number CD2024-019), with the
condition that the applicant agree to not put an impervious surface underneath but instead use
rock, mulch, or anything that water can flow through. All in favor.
Case No. CD2024-020: Variance to Maximum Lot Coverage for Proposed Pool at 3085 Lowell Ct
Planning Manager Molasky stated that applicant Ground FX Lawn and Landscaping is seeking a
Variance for construction of an approximately 840 square foot pool in the backyard of 3085
Lowell Court. The proposal involves removing the current 375 square foot concrete patio and
repurposing that space for a portion of the pool and deck. The addition of the proposed pool
and decking, with the removal of the current concrete patio, would increase the lot coverage to
approximately 49.6% (3,655 square feet), an increase of approximately 9.6%. The applicant
designed a drain tile system to direct stormwater runoff from the front of the property though
the system to mitigate a portion of the additional impervious surface. The project site is a
7,907 square foot residential lot which contains a two-story single-family dwelling and an
attached garage built in 2012. The property is part of Millbrook 5th addition. Impervious
surface was calculated at 50% for the entire development and coordinated with the watershed
districts, primarily with Brown's Creek Watershed. This property is in the Carnelian -Marine -St.
Croix Watershed District. Staff cannot locate records indicating a superseding lot coverage
agreement, and as-builts show nearly all homes at the 25% impervious surface allowance. Staff
acknowledges that since the time of this development there has been a change in impervious
surface interpretation that now includes decks as part of impervious surface calculations,
Page 8 of 10
Planning Commission
May 22, 2024
when they were not at the time of this development. Staff also acknowledges that there are two
instances of pools being approved in this development that put their respective lot coverage
over the 25% allowed in Lake Shoreland Management Districts. Three letters of support were
received from neighbors. Staff believes the request does not satisfy the required practical
difficulty requirements and recommends denial of this request.
Tom Opitz, 3085 Lowell Court, applicant, said the house is currently at 25% impervious
surface without any deck/patio. In Millbrook about 50% of homes have an overage of
impervious surface. When they bought the home in 2018 a pool was always in their plans and
they did not know of any restrictions. They were provided with permits for the deck that the
previous homeowner had built; they then added stairs with a permit, and at that time they
were not made aware of this requirement. He believes this satisfies the practical difficulties
test. There are various cases within the neighborhood that exceed 25% specifically with pools.
The placement of a pool with their mitigation plan will improve the situation over what it is
today.
Chairman Dybvig opened the public hearing
Ryan Zwonitzer, Ground FX Lawn & Landscape, Inc. said he finds Stillwater's requirement
unique in that there are no credits for installation of water mitigation such as permeable
pavers. Other cities allow those actions to be credited against limits.
Chairman Dybvig closed the public hearing.
Motion by Commissioner Cox, seconded by Chairman Dybvig, to adopt Resolution PC 2024-05,
Resolution Denying a Variance Request to Exceed the Maximum Allowable Impervious Surface of
25% at 3085 Lowell Court (Case Number CD2024-020). Motion passed 6-1 with Councilmember
Odebrecht voting nay.
Mr. Gladhill stated the applicant may appeal the decision to the City Clerk within 10 days.
NEW BUSINESS
Zoning Code and Subdivision Code Amendment Work Plan. Framework. and Zoning Map/District
Direction
Mr. Gladhill stated that the Council was supportive of the zoning maps and districts previously
reviewed. On June 4 staff will present the consolidated zoning districts to the City Council and
then to the Planning Commission in July, with feedback from the Council regarding use tables
and standards.
DISCUSSION
There were no discussion items.
FYI STAFF UPDATES
There were no staff updates.
ADJOURNMENT
Chairman Dybvig adjourned the meeting at 9:11 p.m.
ATTEST:
John Dybvig, Chair
Page 9 of 10
Planning Commission
May 22, 2024
Tim Gladhill, Community Development Director
Resolution PC 2024-02, Resolution Approving a Variance Request to Exceed the
Maximum Allowable Structural Impervious Surface of 25% at 3060 White Pine Way
(Case Number CD2024-017)
Resolution PC 2024-03, Resolution Approving a Variance Request to Build in Front Yard
Setback at 522 4th Street South (Case Number CD2024-018)
Resolution PC 2024-04, Resolution Approving a Variance Request to Exceed the
Maximum Allowable Structural Impervious Surface of 35% at 3480 87th Street
North (Case Number CD2024-019)
Resolution PC 2024-05, Resolution Denying a Variance Request to Exceed the Maximum
Allowable Impervious Surface of 25% at 3085 Lowell Court (Case Number CD2024-
020)
Page 10 of 10
(499ateir
THE lINTNELACE OF MINNESOTA
PLANNING COMMISSION MEETING MINUTES
May 22, 2024
WORKSHOP MEETING
Chairman Dybvig called the workshop to order at 5:35 p.m.
Present: Chairman Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Swanson,
Councilmember Odebrecht
Absent: None
Staff: Community Development Director Gladhill
OTHER BUSINESS
Planning Commission Work Plan Development
Community Development Director Gladhill reviewed the draft Purpose Statement and Vision
Statement developed April 17. He explained that this workshop is Part 2 of the process
designed to lay the foundation for an Annual Work Plan.
Planning Commission Purpose Statement draft
Mr. Gladhill reviewed the proposed draft Purpose Statement, based on previous Commission
input: "The Planning Commission helps guide and communicate the future vision of the
community. It provides the voice of the community on important land use topics, ensuring a
diverse set of voices have an opportunity to be heard. It ensures a safe, healthy, and vibrant
community through the Comprehensive Plan and Zoning Code." He added that a Commissioner
suggested the following version: "Through diligent oversight of the Comprehensive Plan and
Zoning Code [added by staff: and open communication], we commit to maintaining a safe,
healthy, and vibrant community for everyone." He asked for feedback on these two versions.
After discussion, the Commission agreed on: "Through diligent oversight of the Comprehensive
Plan and Zoning Code, and listening to the voice of the community, we commit to maintaining a
safe, healthy and vibrant community for everyone."
Planning Commission Vision Statement draft
Mr. Gladhill shared the draft Vision Statement created by staff based on April 17 Commission
discussion: "The Planning Commission envisions a community that accelerates housing supply,
retains and expands employment opportunities, and improves community accessibility that
meets the community's diverse needs. It strives to strike a balance between historic
preservation and economic growth. The Commission also acknowledges a need to increase
focus on community sustainability and transparency." He asked for feedback.
After discussion, the consensus of the Commission was: "The Planning Commission envisions a
community that focuses on housing needs, employment opportunities, and a diverse
community. We support historic preservation, economic growth, and environmental
sustainability."
Strategies
Planning Commission
May 22, 2024
Mr. Gladhill led an exercise asking each Commission to define potential Planning Commission
strategies.
Commissioner North: housing opportunities, intentionally diverse appointments to
Commissions, multi -jurisdictional cooperation - for example along Highway 36, maintaining a
focus on riverfront
Commissioner Swanson: partnership with other communities, downtown focus, continue with
zoning updates, eliminate or reduce redundancy in processes
Commissioner Hoffman: continue to streamline code, housing incentives, pursue grants year-
round for wintertime events, support transportation policies that improve options for the
community
Commissioner Steinwall: incorporate environmental provisions into the planning process in
conjunction with Zoning Code updates, drill down on the Comprehensive Plan and Zoning Code
update, support developing policy statements and a housing plan, seek diversity in community
participation on Commissions
Councilmember Odebrecht: the City Council should use the Comprehensive Plan more,
proactively seek diversities, do something with industrial park (make it more attractive via
code), diversify tax base
Chairman Dybvig: preemptive housing, encourage housing projects, diversity on advisory
committees, historic preservation equals sustainability, figure out how to do more
neighborhood commercial, get more density into the Zoning Code
Commissioner Cox: proactive housing opportunities, making the community attractive to
developers, seeking grant money available or other ways to sweeten the deal, think proactively
regarding commercial development
Commissioner Swanson added: use more tax increment financing when applicable
Mr. Gladhill pointed out the City has an Economic Development Authority (EDA) that also has
the powers of a housing/redevelopment authority. The Council serves as the EDA.
Commissioner Steinwall suggested consideration of creating an advisory group to provide
input on housing needs.
Mr. Gladhill summarized: 1) housing 2) riverfront/environmental sustainability, and within
that is historic preservation 3) economic development plan or strategy including
industrial/job growth and neighborhood commercial growth. Also, focus on Zoning Code
update, streamlining and removing redundancy, partnership with other jurisdictions, a Comp
Plan deep dive, focus on diversity in Commissions.
Councilmember Odebrecht described an exercise that could be done using coins, each with an
assigned cost, to symbolize items on the "wish list."
Chairman Dybvig recommended the Commissioners all read the Comprehensive Plan before
the next meeting.
The workshop was recessed at 6:34 p.m.
RECESS
REGULAR MEETING 7:00 P.M.
Chairman Dybvig called the meeting to order at 7:00 p.m.
Page 2 of 10
Planning Commission May 22, 2024
Present: Chairman Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Swanson,
Councilmember Odebrecht
Absent: None
Staff: Community Development Director Gladhill, Planning Manager Gutknecht, Assistant
City Planner Molasky
ELECTION OF CHAIR AND VICE CHAIR
Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to nominate Dybvig and
Steinwall to continue as Chair and Vice Chair. All in favor.
APPROVAL OF MINUTES
Possible approval of minutes of April 24, 2024 workshop and regular meeting
Motion by Commissioner Cox, seconded by Commissioner Swanson, to approve the minutes of the
April 24, 2024 workshop and regular meeting. Motion passed 6-0-1 with Commissioner Hoffman
abstaining.
OPEN FORUM
Marie Liberda, 1020 Nena Drive, spoke of the need for homeless services and asked that the
Planning Commission support the proposed Emergency Housing Services Building.
CONSENT AGENDA
There were no items on the Consent Agenda.
UNFINISHED BUSINESS
There was no unfinished business.
PUBLIC HEARINGS
Chairman Dybvig explained the procedure for public hearings.
Case No. CD2024-021: Interim Use Permit (renewal of previous approvals) for Mobile Food Unit
for Gloria's to Go
Planning Manager Gutknecht explained that applicant Cory Buettner is seeking an Interim Use
Permit (IUP) for seasonal outdoor seasonal food vending located at 127 Main Street South,
Leo's Grill and Malt Shop. The applicant has been operating the proposed food vending in some
capacity since 2020, and has been operating "Gloria's To Go" since 2021. Due to a change in
Code, the applicant is now required to obtain an Interim Use Permit. Staff recommends
approval with five conditions.
Chairman Dybvig opened the public hearing. There were no public comments. The public
hearing was closed.
Motion by Commissioner Hoffman, seconded by Councilmember Odebrecht, to recommend that
the City Council adopt a Resolution Approving an Interim Use Permit for the Placement of a
Seasonal Food Vending Trailer at 127 Main Street South (Leo's Grill & Malt Shop) (Case No.
CD2024-021). All in favor.
Case No. CD2024-004: Zoning Amendment, Planned Unit Development Amendment, Conditional
Use Permit and Site Plan Review for Washington County Emergency Housing Services Building
Mr. Gladhill explained that the City has received multiple applications regarding the
Washington County Emergency Housing Services Building (EHSB). The proposal is for a 30
Page 3 of 10
Planning Commission
May 22, 2024
Unit Medium Density Residential Building. Zoning approvals necessary for this project include:
Zoning Map Amendment and Lot Line Adjustment (for one small `infill 'parcel); Conditional
Use Permit (for the overall use); Planned Unit Development Amendment (to amend the overall
master plan for the Washington County Government Center Campus); Site Plan Review (for
compliance with Zoning Code Massing Standards). The proposed building would be added to
the existing campus, with shared parking facilities in addition to new parking constructed as
part of this project. He added that the scope of the Planning Commission review is limited to
conformance with the City's Zoning Code; discussion on the needs, merits, funding and
operation of this proposed use is outside the scope of the Planning Commission's review. Staff
recommends approval of the zoning requests.
Kristen Scobie, Assistant Director of Community Development with the Washington County
Community Development Agency, offered to answer questions.
Councilmember Odebrecht asked what was the Washington County reaction to the conditions
requested by the City of Oak Park Heights.
Ms. Scobie answered that the County finds the conditions are reasonable and consistent with
expectations for parking access and utility access. Regarding the suggested condition on the
number of beds, the proposal is for 30 sleeping rooms which meets the anticipated need;
Washington County does not anticipate adding beds in the future.
Councilmember Odebrecht asked Mr. Gladhill to confirm that the proposed conditions covering
parking, the review of an Oak Park Heights engineer for utilities, and future expansion are
redundant to the City of Stillwater's normal process.
Mr. Gladhill said yes, current code has a provision that if an expansion is minor enough it can
be approved at the staff level. If the City of Stillwater wishes to require that any expansion
require a public hearing, it can be put in as a condition. Staff recommends following the
standard process, allowing minor expansions to be approved by staff.
Chairman Dybvig opened the public hearing.
Gretchen Rugg, 15143 Upper 61st St directly east of the Government Center, voiced concern
that there is not a gate or fence between the neighborhood and the business to provide a
boundary for the residents.
Renae Oswald Anderson, 7789 Manning Ave N, provided statistics on the need for homeless
housing in Washington County and urged the Commission to support the CUP.
Eliza Chlebeck, Vice Chair of Valley Outreach and VP of Communications and Community for
Andersen Corporation and a Stillwater resident, spoke in support of the project.
Diane Berlin, a resident of St. Croix Villa townhouses directly behind the site, said 25 of the 30
Villa residents are seniors; they are scared because they will have no protection from EHSB
residents coming into their area out of curiosity. They need a fence. They also are very
concerned about property values.
Katherine Noble, 6120 Oxboro Ave N, Oak Park Heights apartments, said she uses the
footpaths around the campus and has no problem with the proposal. She does not think it will
make a huge impact in the neighborhood; she looks forward to welcoming people who need
housing.
Blake Van Denburgh, 15169 64th St N, Oak Park Heights, also part of the Oak Park Heights
Planning Commission, said he is concerned about the traffic study released today showing a
Page 4 of 10
Planning Commission
May 22, 2024
24% increase in traffic on Oxboro and 11% increase on 62nd St. There are small children in
these communities and the increased traffic flow will cause an impact. He also is concerned
about wetlands and would like the Department of Natural Resources (DNR) to review the
proposal for potential problems. He also is concerned about setbacks, which theoretically meet
Stillwater regulations but should be re-evaluated because Highway 36 is down a steeply sloped
hill. He shared concern about population changes and people walking around the
neighborhood. He said all but one person who lives in a 5-mile radius of the site has said they
don't want it. He does not support the proposal and feels it needs more evaluation by the City.
Jeff Anderson, 932 4th Ave S, said he is in favor of the project and respects the work done by
the City, County and staff to ensure all requirements are met.
Chairman Dybvig asked Mr. Gladhill to respond to questions raised during the public hearing.
Mr. Gladhill said he doesn't believe that a gate or physical barrier is planned to close off the
trail. The proposal meets stormwater and wetland requirements and the Middle St. Croix
Watershed Management Organization did a robust review of the stormwater pond and the
steep slopes that go down to Highway 36. The project meets steep slope setbacks and does not
require DNR approval or any further wetland review.
Denise Thompson, St. Croix Villa, echoed Ms. Rugg's concern about boundaries. She stated at an
earlier meeting, she was assured that there would be a perimeter boundary.
Ms. Scobie stated at this point they don't intend to make a connection to the existing trail
running along the east side and do not intend to extend that to the west to connect with other
portions of the trail along the Government Center. There will be perimeter fencing
encompassing the entire north section of the parcel, which is green space, and extending to the
south with an emergency egress per law. The very steep slope would make it difficult for
people to make their way down to the trail.
Councilmember Odebrecht pointed out the close proximity of the sheriff's office, and said he
does not know how to put this facility any closer to police.
Chairman Dybvig closed the public hearing. He noted that his wife submitted a letter of
support from Valley Outreach, but they have not had any substantive discussion and have no
financial interest. Therefore he does not feel obligated to recuse himself from the deliberation.
Motion by Councilmember Odebrecht to recommend that the Stillwater City Council approve the
Zoning Ordinance Amendment, the Planned Unit Development Amendment, the Consolidation of
Parcels, the Conditional Use Permit for a Residential Use, and the Site Plan to Facilitate an
Emergency Housing Services Building at 14949 62nd St N (Washington County Government
Center), with one of the Oak Park Heights -recommended conditions modified: he does not feel it is
the City's position to dictate staffing (24/7), and believes that a staffing plan deemed adequate by
the City is enough at this point.
Mr. Gladhill said City staff would support removal of that condition if desired.
Councilmember Odebrecht changed his motion and moved to approve with the two Stillwater
staff -recommended conditions but without any of the four Oak Park Heights -recommended
conditions, as he feels they are redundant. Commissioner Steinwall seconded the motion with
Councilmember Odebrecht's friendly amendment.
Page 5 of 10
Planning Commission
May 22, 2024
Mr. Gladhill pointed out that the first of two readings for the zoning map amendment for the
infill parcel annexed in 2019 will be held by the City Council on June 4; it will not be full project
review nor approval. The final action to be considered by the Council is expected to be June 18.
Councilmember Odebrecht commented that he has a loved one who has needed the support of
his community; a community can be judged best by how they treat the least. Commissioner
North echoed the comment, adding that he appreciates some of the conditions suggested but
he agrees that they don't fall under purview of the Planning Commission.
All in favor.
Case No. CD2024-017: Variance to Maximum Lot Coverage for Proposed Deck at 3060 White Pine
Way
Planning Manager Molasky stated that applicants Samuel and Allison Berndt are seeking a
Variance for construction of a deck that would increase the lot's total impervious surface over
the allowed 25%. The project site is a 12,305 square foot residential lot which contains a two-
story single-family dwelling and an attached garage built in 2011. The home has a back
doorway leading to nowhere, indicating a future deck was part of the final construction plans.
The proposed 544 square foot deck would be located behind the house; it would increase the
lot coverage to approximately 29.6% (3,642 square feet) necessitating a variance. At the time
of construction a deck was not considered impervious surface coverage and would not have
needed a variance. Based on the plight outlined by the landowner that their home was built to
accommodate a deck but they cannot build due to a change in impervious surface
interpretation, staff believes this satisfies the required practical difficulty requirements.
Letters of support were received from two neighbors. Staff recommends approval of this
request.
Allison Berndt, applicant, added that without a deck, the rear door would not be useable for
escape in the event of a fire.
Chairman Dybvig opened the public hearing. There were no public comments and the public
hearing was closed.
Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to adopt Resolution
2024-PC 2024-02, Resolution Approving a Variance Request to Exceed the Maximum Allowable
Structural Impervious Surface of 25% at 3060 White Pine Way (Case Number CD2024-017).
Commissioner Cox asked for clarification on requirements, noting two different coverage
percentages of 50% and 25% in the staff report.
Ms. Molasky explained the shoreland management overlay district restricts coverage to 25%
while the entire Millbrook development carried a 50% threshold; the entire development is
not within the shoreland management overlay district.
All in favor.
Case No. CD2024-016: Conditional Use Permit for Indoor Commercial Recreation (Fitness
Center) in the Central Business District at 107 Chestnut St E (Historic Armory Building
Mr. Gutknecht explained that the owner requests a Conditional Use Permit for Indoor
Commercial Recreation for a proposed tenant to operate a fitness center in the basement level.
There are no exterior modifications or expansion planned. Staff recommends approval.
Commissioner Steinwall asked if the Commission should be concerned about parking, and Mr.
Gladhill answered no. The downtown parking system has evolved and the City has moved
Page 6 of 10
Planning Commission
May 22, 2024
away from the old way of doing parking mitigation with fees. The City does not put the parking
burden on existing buildings any longer. Parking here is considered compliant because it is in
the downtown district. There is some parking on the east side of the building and an enclosed
parking garage nearby.
Matthew Wolf, one of owners and part of the group that purchased the property in 2018,
explained that when it was redeveloped, a parking study was done looking at availability of
parking in the area. The resident parking is self contained on site. At that time the need was
deemed to be 45.33 spaces as determined by City's code. Currently the office tenant is using
about 15 of that capacity and the rest of the parking is not used.
Chairman Dybvig opened the public hearing. There were no public comments and the public
hearing was closed.
Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to recommend that the
City Council adopt a Resolution Approving a Conditional Use Permit for Indoor Commercial
Recreation located at 107 Chestnut Street East (Case No. CD2024-016). All in favor.
Case No. CD2024-018: Variance to Front Yard Setback to Facilitate Accessibility Improvements at
522 4th St S
Planning Manager Molasky explained that applicant Wally Nelson on behalf of Simonet
Building LLC is seeking a Variance to the front yard setback to permit the construction of a
vestibule and accessible entrance on Walnut Street West. The project also includes a general
renovation of the exterior of the building, including new roof, siding, windows, doors, and faux
stone. This was approved by the Heritage Preservation Commission on May 15, 2024. Staff
recommends approval.
Wally Nelson, applicant, said the project will update a building that was built in the 50s and
provides office space for several users. An ADA compliant bathroom was previously added but
it would be impossible to get inside the building with a wheelchair.
Chairman Dybvig opened the public hearing. There were no public comments and the public
hearing was closed.
Motion by Commissioner Cox, seconded by Councilmember Odebrecht, to adopt Resolution PC
2024-03, Resolution Approving a Variance Request to Build in Front Yard Setback at 522 4th
Street South (Case Number CD2024-018). All in favor.
Case No. CD2024-019: Variance to Maximum Lot Coverage for Proposed Deck at 3480 87th St N
Planning Manager Molasky stated that applicant Richard L. Beard Sr. is seeking a Variance to
exceed the 35% allowed impervious surface coverage and permit the construction of an
approximately 128 square foot deck. The project site is a 9,152 square foot residential lot
which contains a single -story single-family dwelling and an attached garage built in 2020. The
home was built with a door to a small stairway leading to the backyard. The addition of the
deck would increase the lot coverage to approximately 36% (3,319 square feet), an increase of
approximately 1%. Based on the plight outlined by the landowner that they would like to have
a deck that their home cannot accommodate, based on impervious surface requirements, staff
believes this does not satisfy the required practical difficulty requirements and recommends
denial.
Richard Beard Sr., applicant, stated his crippled knee makes stairs difficult and the request will
allow him to barbecue at his home. He bought the home because it is single story. He learned of
Page 7 of 10
Planning Commission
May 22, 2024
the 35% lot coverage limit for the first time when his first building permit was rejected by the
City. In response, his architect revised the design to comply with the requirement but he was
not advised to have a smaller home footprint to allow for a future deck. He stated that Ms.
Molasky conveyed to him that staff ultimately finds the request reasonable. He believes the
new deck will not alter the character of the neighborhood and will enhance the property. He
shared that a variance was approved for his neighbor at 3490 whose lot is smaller than his.
Chairman Dybvig opened the public hearing.
Bruce Batchelor, 3484 87th St N next door, spoke in support of the proposal.
Edward Otis, 12070 87th St Cir N spoke in support of the request. He provided aerial views of
the other properties and read a letter explaining the history of development of the
neighborhood. He questioned the strict application of the impervious surface coverage
requirement, citing statute and past practice involving other variances that have been granted.
He suggested viewing decks as mini parks on private property, toward satisfying park
dedication requirements.
Mr. Beard pointed out that Ms. Molasky had provided two resolutions to the Commission, one
of denial and one of approval.
Richard Beard Jr., 3358 Pioneer Place, urged the Commission to grant the variance and shared
how his father greatly enjoys his backyard which is accessed by 3-4 steps leading to a ledger
board. He said the steps have settled and are beginning to slant causing a safety concern.
Chair Dybvig closed the public hearing.
Councilmember Odebrecht stated that the deck being 2 1/2 feet above the ground precludes
the possibility of creating a usable impervious surface below it.
Motion by Councilmember Odebrecht, seconded by Commissioner Cox, to adopt Resolution PC
2024-04, Resolution Approving a Variance Request to Exceed the Maximum Allowable Structural
Impervious Surface of 35% at 3480 87th Street North (Case Number CD2024-019), with the
condition that the applicant agree to not put an impervious surface underneath but instead use
rock, mulch, or anything that water can flow through. All in favor.
Case No. CD2024-020: Variance to Maximum Lot Coverage for Proposed Pool at 3085 Lowell Ct
Planning Manager Molasky stated that applicant Ground FX Lawn and Landscaping is seeking a
Variance for construction of an approximately 840 square foot pool in the backyard of 3085
Lowell Court. The proposal involves removing the current 375 square foot concrete patio and
repurposing that space for a portion of the pool and deck. The addition of the proposed pool
and decking, with the removal of the current concrete patio, would increase the lot coverage to
approximately 49.6% (3,655 square feet), an increase of approximately 9.6%. The applicant
designed a drain tile system to direct stormwater runoff from the front of the property though
the system to mitigate a portion of the additional impervious surface. The project site is a
7,907 square foot residential lot which contains a two-story single-family dwelling and an
attached garage built in 2012. The property is part of Millbrook 5th addition. Impervious
surface was calculated at 50% for the entire development and coordinated with the watershed
districts, primarily with Brown's Creek Watershed. This property is in the Carnelian -Marine -St.
Croix Watershed District. Staff cannot locate records indicating a superseding lot coverage
agreement, and as-builts show nearly all homes at the 25% impervious surface allowance. Staff
acknowledges that since the time of this development there has been a change in impervious
surface interpretation that now includes decks as part of impervious surface calculations,
Page 8 of 10
Planning Commission
May 22, 2024
when they were not at the time of this development. Staff also acknowledges that there are two
instances of pools being approved in this development that put their respective lot coverage
over the 25% allowed in Lake Shoreland Management Districts. Three letters of support were
received from neighbors. Staff believes the request does not satisfy the required practical
difficulty requirements and recommends denial of this request.
Tom Opitz, 3085 Lowell Court, applicant, said the house is currently at 25% impervious
surface without any deck/patio. In Millbrook about 50% of homes have an overage of
impervious surface. When they bought the home in 2018 a pool was always in their plans and
they did not know of any restrictions. They were provided with permits for the deck that the
previous homeowner had built; they then added stairs with a permit, and at that time they
were not made aware of this requirement. He believes this satisfies the practical difficulties
test. There are various cases within the neighborhood that exceed 25% specifically with pools.
The placement of a pool with their mitigation plan will improve the situation over what it is
today.
Chairman Dybvig opened the public hearing
Ryan Zwonitzer, Ground FX Lawn & Landscape, Inc. said he finds Stillwater's requirement
unique in that there are no credits for installation of water mitigation such as permeable
pavers. Other cities allow those actions to be credited against limits.
Chairman Dybvig closed the public hearing.
Motion by Commissioner Cox, seconded by Chairman Dybvig, to adopt Resolution PC 2024-05,
Resolution Denying a Variance Request to Exceed the Maximum Allowable Impervious Surface of
25% at 3085 Lowell Court (Case Number CD2024-020). Motion passed 6-1 with Councilmember
Odebrecht voting nay.
Mr. Gladhill stated the applicant may appeal the decision to the City Clerk within 10 days.
NEW BUSINESS
Zoning Code and Subdivision Code Amendment Work Plan. Framework. and Zoning Map/District
Direction
Mr. Gladhill stated that the Council was supportive of the zoning maps and districts previously
reviewed. On June 4 staff will present the consolidated zoning districts to the City Council and
then to the Planning Commission in July, with feedback from the Council regarding use tables
and standards.
DISCUSSION
There were no discussion items.
FYI STAFF UPDATES
There were no staff updates.
ADJOURNMENT
Chairman Dybvig adjourned the meeting at 9:11 p.m.
ATTEST:
John Dybvig, Chair
Page 9 of 10
Planning Commission
May 22, 2024
Tim Gladhill, Community Development Director
Resolution PC 2024-02, Resolution Approving a Variance Request to Exceed the
Maximum Allowable Structural Impervious Surface of 25% at 3060 White Pine Way
(Case Number CD2024-017)
Resolution PC 2024-03, Resolution Approving a Variance Request to Build in Front Yard
Setback at 522 4th Street South (Case Number CD2024-018)
Resolution PC 2024-04, Resolution Approving a Variance Request to Exceed the
Maximum Allowable Structural Impervious Surface of 35% at 3480 87th Street
North (Case Number CD2024-019)
Resolution PC 2024-05, Resolution Denying a Variance Request to Exceed the Maximum
Allowable Impervious Surface of 25% at 3085 Lowell Court (Case Number CD2024-
020)
Page 10 of 10
V
,.
-,
T H E B I R T H P L A C E O F M I N N E S 0 T A
DATE: June 26, 2024
TO: Honorable Chair and Planning Commissioners
FROM: Katriona Molasky, Assistant City Planner
SUBJECT: Case No. 2023-54: Findings for Denial for Variance request to exceed the
required impervious surface and facilitate construction of a pool located at
3085 Lowell Ct
BACKGROUND
At the May 22, 2024 Planning Commission Meeting, the Planning Commission denied a
Request for Variance to the allowable impervious surface intended to facilitate the
construction of an inground pool. The Planning Commission must now adopt written
findings to support the denial.
ACTION REQUESTED
Motion to adopt the resolution approving written findings to support the denial of a
Variance to Impervious Surface for an inground pool at 3085 Lowell Court.
City of Stillwater
Washington County, Minnesota
RESOLUTION PC 2024-05
RESOLUTION ADOPTING FINDINGS OF FACT TO SUPPORT A DENIAL OF
A VARIANCE REQUEST TO EXCEED THE MAXIMUM ALLOWABLE
IMPERVIOUS SURFACE OF 25% AT 3085 LOWELL COURT (CASE NUMBER
CD2024-020)
WHEREAS, the City of Stillwater received a Variance request from Tom and
Kristen Opitz ("Property Owner") of 3085 Lowell Ct, legally described on Exhibit A ("the
Property"), to allow for the construction of an 840 square foot pool, exceeding the
maximum impervious surface by 24.6%;
WHEREAS, the maximum allowable impervious surface in the Lake Shoreland
Management district is 25%; and
WHEREAS, the property is currently at 40.3% impervious surface and the
Applicant has zero square feet available for the construction of impervious surface; and
WHEREAS, the Planning Commission considered the Variance at its May 22,
2024 meeting, held a public hearing and took testimony from the public.
WHEREAS, the Planning Commission now adopts this Resolution to support its
findings for denial of the Variance.
NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City
of Stillwater hereby adopts the following written findings for denial of the Variance
request to exceed the maximum total impervious surface area of 25%:
The requested Variance was not consistent with all the practical difficulty
requirements for granting a Variance as described in City Code Section 28-
83. Specifically, there are not unique circumstances on the Property
necessitating a variance to the impervious surface.
1) There are no unique physical conditions that necessitate having a
pool.
2) Requesting a pool larger than allowed by City Code is not a
practical difficulty.
Adopted by the City Planning Commission this 26t" day of June, 2024.
CITY OF STILLWATER
John Dybvig, Planning Commission Chair
ATTEST:
Tim Gladhill, Community Development Director
*:/:I 13 I r_1
Legal Description of the Applicant's Property
Situs Address: 3085 Lowell Ct
PID-1903020120040
Abstract Property
Lot 3, Block 3, Millbrook 5t" Addition, Washington County, Minnesota
V
,.
-,
T H E B I R T H P L A C E O F M I N N E S 0 T A
DATE: June 26, 2024
TO: Honorable Chair and Planning Commissioners
FROM: Katriona Molasky, Assistant City Planner
SUBJECT: Case No. 2024-029: Variance request to exceed the required structural
impervious surface and facilitate construction of a deck located at 3311
Millbrook Circle
BACKGROUND
The Applicant, Joseph Loso, is seeking a Variance from the Planning Commission to
permit the construction of a deck that would increase the lot's total impervious surface
over the allowed 25%.
The project area is located at 3311 Millbrook Circle (PID# 1903020240027) (the
"Property") within the TR (Traditional Residential) Zoning District and a Stream Shoreland
Management District. The property has frontage on Millbrook Circle, the rear of the
property abuts a pond with a stream running behind, and it has residential neighbors on
either side. The project site is a 14,309 square foot residential lot which contains a two-
story single-family dwelling and an attached garage built in 2008. Currently, the main
building has a back doorway leading to nowhere, indicating a future deck was ultimately
part of the final construction plans.
The proposed action seeks to allow the construction of an approximately 464 square
foot deck located behind the house. The addition of the proposed deck would increase
the lot coverage to approximately 28% (square feet), an increase of approximately 3%.
Because the impervious surface coverage requested by the Applicant exceeds the 25%
threshold regulated by City Code, a variance is required.
ANALYSIS
The Traditional Residential Zoning District has no requirements for maximum lot
coverage. The Shoreland Management District allows a maximum of 25% impervious
surface coverage. Currently, the project site is at approximately 25% (approximately
3,565 square feet) impervious surface coverage. The project site has no remaining
impervious surface that could be used for a deck without the need for a variance. Staff
has found that over 400 square feet is on the larger end of the spectrum of many
previous decks approved via variance in the past years.
The property is part of Millbrook (the Development). Impervious surface was calculated
at 50% for the entire development and coordinated with the watershed districts. Staff
cannot find any documents indicating a superseding lot coverage agreement, and as-
builts show nearly all homes meeting the 25% impervious surface allowance. This
property is in the Brown's Creek Watershed District.
Minnesota State Statute Chapter 462.357 requires that cities consider the following
standards when considering a Variance. This is also known as the `practical difficulty'
test.
• 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.
• Economic considerations alone do not constitute practical difficulties.
FINDINGS: Variance to the Required 25% Structural Impervious Surface Requirement:
A. The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance.
i. Finding the request reasonable, at least as it relates to strict compliance of
the plain language of the Zoning Code, is questionable. While the request
conforms to all other dimensional standards, no additional impervious
surface could be permitted by code.
ii. Staff does note that at the time of the home's construction, decks were not
counted toward impervious surface and would have been able to be added
onto the homes without needing a variance.
B. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
i. The plight of the landowner is due to the Applicant's desire for a deck, which
their home was originally built to accommodate with back doors that lead to
nowhere.
C. The variance, if granted, will not alter the essential character of the locality.
i. Granting the variance to approve the construction of the proposed deck will
not alter the essential character of the neighborhood. The deck will be
situated behind the house. Many homes in this development have decks
similar to the one being proposed.
D. Economic considerations alone do not constitute practical difficulties.
i. The request to construct a deck is not based on economic considerations.
Staff believes that the plight of the landowner necessitating the variance meets the
practical difficulty test as none of the circumstances were created by the property owner
and under previous interpretation would have been allowed when the home was built.
RECOMMENDATIONS
Based on the plight outlined by the landowner that they would like to have a deck that their
home was built to accommodate but cannot build due to a change in impervious surface
interpretation, staff believes this satisfies the required practical difficulty requirements. Staff
recommends approval of this request.
ACTION REQUESTED
Motion to approve the Variance for Case No. 2024-029 and adopt Resolution PC 2024-
06 adopting findings of approval.
City of Stillwater
Washington County, Minnesota
RESOLUTION PC 2024-06
RESOLUTION APPROVING A VARIANCE REQUEST TO EXCEED THE
MAXIMUM ALLOWABLE STRUCTURAL IMPERVIOUS SURFACE OF 25% AT
3311 MILLBROOK CIRCLE (CASE NUMBER CD2024-029)
WHEREAS, the City of Stillwater received a Variance request from Joseph Loso
("Property Owner") of 3311 Millbrook Circle, legally described on Exhibit A ("the
Property"), to allow for the construction of a 464 square foot deck, exceeding the
maximum impervious surface for structures by 3%;
WHEREAS, the maximum allowable structural impervious surface in the Stream
Shoreland Management district is 25%; and
WHEREAS, the Planning Commission considered the Variance at its June 26,
2024 meeting, held a public hearing and took testimony from the public.
NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City
of Stillwater hereby approves the variance to exceed the maximum allowable structural
impervious surface of 25%. The approval of the variance is subject to the following
conditions:
Findings of Fact-
1 . The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance; and
2. The plight of the landowner is due to circumstances unique to the property not
created by the landowner; and
3. The variance will not alter the essential character of the locality; and
4. The variance is not based on economic considerations alone.
Conditions of Approval:
1. Plans must be consistent with the materials presented as part of Case No. CD
2024-029 presented to the Planning Commission
2. Applicant shall follow recommendations for stormwater mitigation from the Brown's
Creek Watershed District
3. Applicant shall follow all requirements set by the City of Stillwater Building Official
for construction of the deck
Adopted by the City Planning Commission this 26nd day of June, 2024.
CITY OF STILLWATER
John Dybvig, Planning Commission Chair
ATTEST:
Tim Gladhill, Community Development Director
EXHIBIT A
Legal Description of the Applicant's Property
Situs Address: 3311 Millbrook Circle
PID:1903020240027
Abstract Property
Lot 1, Block 9, Millbrook, Washington County, Minnesota
30 15 0 13 30 e0
1
)
4.0
7
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fl
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SETBACKS
MIN FRONT YARD SETBACK -22'HOUSE.3G0GARAGEARAOE
MIN- SIDE YARD SETBACK - 10' MOUSE', S
MIN. REAR YARD SETBACK- 2W MOUSE
DEVELOPMENT PLAN DATA - WO
GARAGE FLOOR ELEVATION
- 91v.0
BASEMENT FLOOR ELEVATION
- 905.7
PROPOSED ELEVATIONS
PRO GARAGE FLOOR ELEVATION
+214.10
PROPOSED TOP OF FOUNDATION FIEVA.. • 916.61
PROPOSED BASEMENT FLOOR ELEVATION
- ON35
r
J `
61
1 'oN 99ei3 �
I` 1
LEGEND I
• '1 DENOTES CATCH RASH
® DENOTES STORIA MANHOLE
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--; /.PPRCT.'AATE RE/R'- a...�'•:. rAO
�O DENOTES IRON MONIAENT MCKTH
0 'f� O v 000.0 DEVOTES DOSING ELEVATION
,I / (000.0) DENOTES PROPOSED ELEVATION
s P'o �/ x000.0 D��:'TL7 ASSIA,T FOUNDATION ELEVATION
o
OA a 000.0 DENOTES ASBU:T SPOT ELEVATION GE / \ r DENOTES DIRECTION Of SURFACE DRAFM
DENOTES SANITARY SEWER SERVICE ELEVATION
NOTE&
I)1T 5 —D UTLTEN S SHOWN ARE SHOWNANAPPRDDONATE WAY ONLY
NT1IRE .
`�4.. THE CONTRACTOR DOLL Offra THE EXACT LOCATON OF ANY
.? ALL DCSTNG UTILITIES Berm OOIR161OD waaL HE AGREES TO!
9 FULLY RESPONSIBLE FOR ANY AND ALL DAW1T�AfS/Il G OUT OF IS
FAILURE
/ FARE TO EXACTLY LOCATE AND PRESERVE ANY NO ALL IDWNO
ES \ UTET
\ 2 1 MUST MAINTAIN A MINIMUM 2% SLOPE CRADONT TO ACCOMOCATE
POSITIVE DRAINAGEIe &)ALL OPFSETONSARE MEASURED MND TOHUftDRFDSOFAFOOTA
/ \ \ \ CAN NE USED AS SBLiMND�
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SC' BF- 905.9 \
al
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/
ASBUILT ELEVATIONS
. '8 IL GARAGE H--EVATION
AS8UILT TOP OF FOUNDATION ELEVATION • 915 02 IFDNASB)
ASBUILT 9A<_'C!'iNT F-OCP. FLE�AIICN •9Lv 39
/
I HMEBY CERTIFY THAT THIS S A TRUE AND CORRECT REPRESENTATION
/
OF A SURVEY OF THE SOU DARES OF.
LOT 1, FLOCK 9. MLLBROOK. ACCORDNG TO THE RECORDED
/
PLAT THEREOF, WASHMMON COUNTY, MWE90TA
/
AND THE LOCATION OF ALL BUILDINGS. F ANY. THEtEON, AND ALL
i am F m-CAOACNINml rM F ANY. FROM OR ON END LAD. AS
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SURVEYEDBY M! I ITM DAY OF SOMMSEK 2107.
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3311 Millbrook Circle, Stillwater
Ledger and Flashing at house wall
14 ea DTT1Z at ledger
12'
s
T
4'
1
All Footings : Helical piers
Deck Information
Joist : 2x10 SYP 12" on Center
Decking : 5/4x6" Deckorator
Footings :Helical to required torque
Railing : Aluminum system �5 m�
�flg411p91N1h't'I IIIIIIII���IIIII �����������I�� �II��� , hl
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1 Water
THE BIRTHPLACE OF MINNES O T A
DATE: June 26, 2024
TO: Honorable Chair and Commission Members
FROM: Ben Gutknecht, Planning Manager
SUBJECT: Comprehensive Zoning Code Amendment (2024-2025)
BACKGROUND
As part of the 2024/2025 Comprehensive Zoning Code Amendment project, Staff is
providing routine updates to both Commissions and City Council. Staff presented the
following update at the June 4, 2024 City Council Workshop. The update focuses on
review of Allowable Uses within each Zoning District and District Standards (setbacks, lot
coverages, etc.). Attached to this report is the package presented to the City Council.
Page four and five of the attached Agenda Package highlights specific Allowable Uses
and Zoning District Standards for the Council and Commissions review. Generally, the
City Council was supportive of the draft changes and recommended Staff review the
following Accessory Dwelling Unit/Duplex Standards:
• Minimum Parking Requirements
• Minimum Lot Size for Accessory Dwelling Unit/Duplex (larger than underlying lot
size)
• Rental Licensing Program should be in place when expansion of area for
Accessory Dwelling Unit and Duplex permissibility is approved.
ACTION
No action is being requested at this time. This report if for informational purposes only.
11 ater,
w
THE BIRTHPLACE OF MINNESOTA
DATE: June 4, 2024
TO: Honorable Mayor and City Council
FROM: Ben Gutknecht, Planning Manager
SUBJECT: Comprehensive Zoning Code Amendment (2024-2025)
Allowable Uses and District Standards
BACKGROUND
Throughout 2024 and into 2025 the Planning Division will be conducting a comprehensive
zoning code amendment. Staff began the process with a kickoff meeting in March to
discuss goals, timelines, and workflow. The following report will serve as a roadmap
through the Amendment process and provide the City Commissions/Council with a high-
level workflow.
On May 7, 2024, the City Counc' viewe aft Zoning Map along with a preview of
allowable uses and district stand ds. Consensus of the City Council was to move forward
with the Zoning Map as present o serve as the framework moving forward. This stage
will focus on formal review of Allo le Uses within each Zoning District along with District
Standards (setbacks, lot coverages, etc.).
[Como
The primary goals for the comprehensive zoning code amendment are to consolidate the
number of Zoning Districts, consolidate the Use Table and Land Uses, simplify and
modernize existing and proposed regulations, and update the zoning code definitions and
performance standards.
Staff Resources
Staff anticipates utilizing internal City Staff resources for majority of the review with
budgeted assistance from the City Attorney. This will include working with Commission
(along with other City Advisory Commissions), City Council, and public feedback at
various points throughout the process.
Overall Proiect Schedule
-Kick Off Meeting
-Zoning Maps and
District
-Consolidate Use
Table
-Review District
Standards
-Review Zoning
Code Definitions
-Review
Performance
Standards
August
•Environmental/
Sustainability
-Additional
Regulatory
Sections/Standards
September
•Quality control
and Analysis for
Ordinance
consistency
October NovemberDecember F
• Staff City •Concept • Public • Public • Public • Approval
Attorney Review Comment Workshop Hearing and
Draft Full Draft Period (Focused) Adoption
Code
Updated Zoning Code is anticipated to be fully adopted.
ACTION
No action is being requested at this time. This report if for informational purposes only.
The Planning Commission reviewed this framework at their April Meeting and supported
the approach.
Stillwater Zoning Code Update
Framework for Allowable Uses and Zoning District Standards
June 4, 2024
Introduction
Purpose:
The purpose of this report is to establish a framework for a comprehensive amendment to the
City of Stillwater's Zoning Code. This is a continuation of the April City Council Workshop, now
focused on Allowable Uses and District Standards. The previous step established a new
baseline by a Proposed/Draft Official Zoning Map. The Council previously saw these current
materials (allowable uses and district standards), but now the proposals have been formalized
and ready for direction.
Goal:
The goal of the Zoning Code Update is to streamline by consolidation. That said, this is an
iterative process. Decisions made `downstream' of the Zoning Map Amendment may result in a
need to step back and refine the Zoning Map.
Strategy:
In recognition that many of the allowable uses fairly repetitive with small differences and very
detailed, it is possible to consolidate allowable uses into more general categories without
creating nonconforming lots or creating additional developable area beyond the scope of our
Comprehensive Plan. For those allowable uses needing more oversight and approvals
(licenses, conditional use permits, interim use permits, etc., it is acceptable to list these uses in
more detail).
Tactic:
The actual process proposed to achieve the above strategy and goal can be found in the
following exhibits.
Exhibit A
Allowable Uses Comparison/Crosswalk
Exhibit B
District Standards Comparisons Tables
Allowable Uses Highlights:
Cannabis Regulations
o Due to recent changes in the State Statutes governing cannabis there will be a
change to these uses as we progress through the amendment process. Staff will
be adjusting these uses including relevant performance standards later on in the
process.
• Motor Vehicle Sales
o Motor vehicle sales was previously only allowed in the "Commercial District" with
specific performance standards. With the consolidation of commercial districts
into the proposed B2 the area where motor vehicle sales would be allowed is
expanding. Staff will dive into this in the future including possible performance
standards (lot size, setbacks, etc.) and is also seeking direction from the City
Council.
0 Animal Uses in Commercial/Industrial
o The current code lists "Animal Boarding" as the only animal related use in the
non-residential districts, specifically allowed in the current Industrial district.
Going forward staff proposes expanding animal uses in these districts to include
at least veterinarian clinics, but could include, grooming, daycare, or sales.
Accessory Dwelling Units and Duplexes
o To align with current goals set in the Comprehensive Plan, Staff is proposing the
expansion of duplexes and accessory dwelling units. The current proposal would
allow duplexes in the R1, R2, and R3 districts. Accessory dwelling units would be
permitted in all residential districts.
Zoning District Standards Highlight:
B2 (General Commercial/Mixed-Use): The proposed B2 district is comprised of the
existing Village Commercial (VC), Commercial (CA), and Business Park Commercial
(BPC) districts.
o Staff has identified the following discrepancies as a result of this consolidation:
■ BPC district requires a 75-foot setback to abutting residential districts, VC
and CA do not. This could create possible lawful nonconforming
setbacks.
■ BPC currently has properties within the district boundaries that are lawful
nonconforming in regards to the 75-foot abutting residential setback. On
average these properties are with 45 feet of a residential property line.
■ Including VC into the proposed B2 district opens up possibility of Motor
Vehicle Sales in the VC district area.
o Staff has identified the following options to possibly resolve these concerns.
Leave VC as a stand-alone zoning district or amend the current 75-foot abutting
residential setback to 45 feet for the proposed B2 district. Staff is seeking
direction from the City Council on which resolution would be preferred.
Prepared by:
Tim Gladhill
Community Development Director
Ben Gutknecht
Planning Manager
Katriona Molasky
Assistant City Planner
Proposed Official Zoning Map (from previous step)
S�fllwage,
2024 Comprehensive
Zoning Code Update
Proposed Official
Zoning Map
stilweter mining
Zoning Distrim
t, D—n—
_ . Mi d use
B3: Neighborhood Commerdal
_ 11: CMl. and Indaslrlal
_ P1: PablldDaa.W.blic
- R—ast n
R1: Single Family Residential
R2: Neighborhood Consery tlon
RI Medium Density Residential
_ R4: High Density Residential
Proposed District Standards and Use Tables
1. R1 — Single Family Residential
a. Purpose Statement: This district provides a broad range of low and medium
density residential opportunities with 5 to 9.7 units per acre. The focus is on
neighborhood development in what remains of undeveloped areas in Western
Stillwater and provides infill opportunities in some existing larger lots. Typical
uses include housing, churches, playgrounds, and parks rather than mixed -use
or commercial nodes.
b. Massing Regulations:
Density
5-9.7 U/A
Lot Size
6,000
Lot Width
50
Lot Depth
100
Front Yard Setback
20
Front Yard Setback (Garage)
20
Side Yard Setback
5
Side Yard Setback (Garage)
5
Side Yard Corner/Exterior Setback
20
Side Yard Corner/Exterior Setback (Garage)
20
Rear Yard Setback
25
Rear Yard Setback (Garage)
5
Lot Coverage
35%
Building Height
25
Building Height Accessory Structures
20
2. R2 — Neighborhood Conservation
a. Purpose Statement: This district provides low and medium density residential
opportunities with 5 to 9.7 units per acre. It is primarily existing residential areas
in the historic neighborhoods of the city, and focuses on preserving the form,
development, and function of the historic neighborhoods. It provides housing,
churches, schools, and has small neighborhood commercial nodes. This district
requires design review for external renovation projects and prioritizes walkability
to historic commercial nodes.
b. Massing Regulations:
Density
5-9.7 U/A
Lot Size
6,000
Lot Width
50
Lot Depth
100
Front Yard Setback
20
Front Yard Setback (Garage)
30
Side Yard Setback
5
Side Yard Setback (Garage)
3
Side Yard (Corner/Exterior) Setback
20
Side Yard Corner/Exterior Setback (Garage)
30
Rear Yard Setback
20
Rear Yard Setback (Garage)
3
Lot Coverage
30% Structural 20% Other
Building Height
25
Building Height Accessory Structures
20
3. R3 — Medium Density Residential
a. Purpose Statement: This district provides for a density of 6 to 14.5 units per acre.
Typical uses include townhomes and small-scale apartment buildings. Provides
sites for new townhomes and housing types of similar styles and densities.
b. Massing Regulations:
Density
6-14.5 U/A
Lot Size
3,000
Front Yard Setback
20
Front Yard Setback (Garage)
25
Side Yard Setback
25
Side Yard Setback (Garage)
25
Side Yard Corner/Exterior Setback
25
Side Yard Corner/Exterior Setback (Garage)
25
Rear Yard Setback
25
Rear Yard Setback (Garage)
25
Building Separation
15
Lot Coverage
Building Height
35
Building Height Accessory Structures
35
Required Recreation Space
10% of Gross Project Area
4. R4 — High Density Residential
a. Purpose Statement: This district provides for a density of 12 to 25 units per acre
and includes areas where apartments and condominiums are located.
b. Massing Regulations:
Density
12-25 U/A
Lot Size
1,500
Front Yard Setback
35
Front Yard Setback (Garage)
45
Side Yard Setback
20
Side Yard Setback (Garage)
10
Side Yard Corner/Exterior Setback
Side Yard Corner/Exterior Setback (Garage)
Rear Yard Setback
45
Rear Yard Setback (Garage)
10
Building Separation
35
Lot Coverage
Floor Area Ratio F.A.R
0.75
Building Height Stories
3
Building Height Accessory Structures
Required Recreation Space
10% of Gross Project Area
5. Residential Use Table
R1
R2
R3
R4
5-9.7 U/A
5-9.7 U/A
6-14.5 U/A
12-25 U/A
Allowable Uses
Single -Family
P
P
Detached
Duplexes
P
P
P
Townhomes (3+
P
P
Attached)
Apartments and
P
Condominiums
Assisted Living
and Memory
P
P
P
P
Care
Accessory
P
P
P
P
Dwelling Units
Short Term Home
P
P
P
P
Rentals
Home
P
P
P
P
Occupation
K-12 Schools,
Public and
CUP
CUP
CUP
CUP
Private
Places of
CUP
CUP
CUP
CUP
Worship
Cemeteries
CUP
CUP
CUP
CUP
Agriculture and
P
Agricultural Sales
Day Care (12 or
P
P
P
P
fewer
Day Care (13 to
CUP
CUP
CUP
CUP
or more
6. B 1 —Downtown
a. Purpose Statement: This district provides a community and regional mixed -use
center for retail, shops, restaurants, offices, other commercial uses, and a mix of
residential. This district requires design review to ensure new development and
rehabilitation integrate into the historic fabric of the district.
b. Massing Regulations:
Lot Size
10,000
Front Yard Setback
15
Side Yard Setback
10
Rear Yard Setback
20
Lot Coverage
80%
Landscaping and Open Space
20%
Building Height (Stories)
Refer to Height Overlay District in Section
28-299
Building Height Accessory Structures
2 Stories or 25 feet
7. B2 — General Commercial/Mixed Use
a. Purpose Statement: This district is based around accommodating a wide variety
of retail goods and services that are more intense than neighborhood scale
commercial and serve the region. It has a Mixed -Use Overlay District that allows
for the greater integration of residential with mixed -use commercial
developments in a thoughtful manner overtime.
b. Massing Regulations:
Lot Size
10,000
Front Yard Setback
30
Side Yard Corner/Exterior Setback
30
Side Yard Setback
20
Rear Yard Setback
15
Setback to Abutting Residential
45
Lot Coverage
60%
Landscaping and Open Space
20%
Building Height Stories
40
Building Height Accessory Structures 1 20
8. B3 — Neighborhood Commercial
a. Purpose Statement: This district preserves historic neighborhood nodes and
offers neighborhood residents access to commercial goods and services. It
provides opportunity for retail and services to adjacent residents and the
Stillwater community. Typical uses include convenience stores, coffee shops and
cafes, retail, and small-scale restaurants. It strives to preserve and promote uses
that don't negatively impact the neighborhood.
b. Massing Regulations:
Lot Size
5,000
Front Yard Setback
10
Side Yard Corner/Exterior Setback
10
Side Yard Setback
5
Rear Yard Setback
10
Lot Coverage
80%
Landscaping and Open Space
0%
Building Height Stories
35
Building Height Accessory Structures
20 and cannot exceed principal structure
9. 1 — Industrial/Office
a. Purpose Statement: This district provides areas for limited industrial and
manufacturing and mixed office uses for the region. This area serves the greater
Stillwater Community but is primarily located in southern Stillwater.
b. Massing Regulations:
Lot Size
1 Acre
Front Yard Setback
40
Side Yard Setback
20
Rear Yard Setback
30
Setback to Abutting Residential
75
Lot Coverage
60%
Landscaping and Open Space
20%
Building Height Stories
40
10. P — Public/Institutional
a. Purpose Statement: This district provides areas for public and quasi -public
places that serve the regional community such as schools, hospitals, churches,
cemeteries, and government institutions.
b. Massing Regulations:
Lot Size
10,000
Front Yard Setback
30
Side Yard (Corner/Exterior) Setback
20
Side Yard Setback
20
Rear Yard Setback
25
Landscaping and Open Space
30%
Building Height Stories
45
Building Height Accessory Structures
20
11. Commercial, Industrial, and Mixed -Use Districts
B1
B2
B3
I
P
Downtown
General
Neighborhoo
Industria
Public/
Commercial
d
I/Office
Institutional
/Mixed Use
Commercial
Allowable Use
General Retail
P
P
P
A
Tobacco Sales
CUP
P
CUP
CBD Retail
CUP
Establishment —
Intoxicating
Medical Cannabis
CUP
Distribution Facility
Medical Cannabis
CUP
Laboratories
Hemp — growing of
Therapeutic Massage
P
P
P
P
Business
Restaurants
P
P
P
Taprooms (and other
P
P
P
P
definitions)
Drive Throughs
CUP
Personal and
P
P
P
P
Professional Services
Offices
P
P
P
P
P
Offices — Medical and
P
P
P
P
Medical Ancillary
Hospitals
CUP
Motor Vehicle Sales
CUP
(per
perform
ance
standard
s in
code)
Motor Vehicle Repair
CUP
(Major)
Motor Vehicle Repair
P
P
(Minor)
Car Wash
CUP
131
B2
B3
I
P
Downtown
General
Neighborhoo
Industria
Public/
Commercial
d
I/Office
Institutional
/Mixed Use
Commercial
Gas Station
CUP
Indoor Commercial
P
P
P
P
Recreation
Dog Training Facility
CUP
(per
perfo
rman
ce
stan
dard
s)
Veterinarian Office
P
P
Outdoor Commercial
CUP
CUP
CUP
CUP
Recreation
Outdoor Dining
P
P
CUP
Seasonal Outdoor Sales
IUP
IUP
Outdoor Events
IUP
IUP
IUP
IUP
IUP
Commercial Nurseries
P
P
K-12 Schools, Public and
P
Private
Libraries and Museums
P
P
Post Offices
P
P
Commercial Day Care
P
P
P
P
Hotels or Motels
CUP
P
CUP
Light Manufacturing
P
Warehousing
P
Indoor Self Storage
CUP
Transportation Terminals
CUP
Funeral Home or
CUP
Mortuary
Multifamily Residential
CUP
Short Term Home
P
P
Rentals
Wireless Communication
CUP
Towers
Exhibit A
Allowable Uses Comparison/Crosswalk
Commercial, Industrial, and Mixed -Use District Allowable Uses Crosswalk
Previous Description
New Description
General retail business uses or service; local
market'
General Retail
General retail business uses or service; local
and regional market
General Retail
Specialty retail, incl. antique shops
General Retail
Department stores
General Retail
Drug stores
General Retail
Interior decorating sales; sale of floor
covering, paint, wallpaper, materials and
objects of interior decorating
General Retail
Appliances and furniture, sale of
General Retail
Household goods, sale of (including china)
General Retail
Books, magazines, newspapers, stationary;
sale of
General Retail
Gifts, flowers, photographic supplies; sale of
General Retail
Medical cannabis distribution facility
Medical cannabis distribution facility
CBD retail establishments non -intoxicating
CBD retail establishments non -intoxicating
CBD retail establishments intoxicating
CBD retail establishments intoxicating
Therapeutic massage business
Therapeutic massage business
Tobacco products; sale of
Tobacco products; sale of
Hardware, sale of
General Retail
Sporting goods; sale of
General Retail
Music store
General Retail
Supermarket, retail food
General Retail
Baked goods, manufacture/retail sale of (<_
5 persons employed)
General Retail
Baked goods, manufacture/retail sale of ( > 5
persons employed)
General Retail
Grocery, < 5,000 sq. ft. of retail area
General Retail
Restaurants3
Restaurants
Fast food outlet
Restaurants
Tea rooms, delis, coffee shops, soda
fountains, not including the sale of alcoholic
beverages
Restaurants
Outside eating establishments
Outdoor Dining
Drive-in or drive -through: restaurant, eating
places or any other use involving a drive-in or
drive -through activity
Drive Throughs
Barber or beauty shops
Personal or Professional Services
Shoe repair shop
Personal or Professional Services
Printing shop
Manufacturing?
Photo processing
General Retail?
Tailoring or pressing
Personal or Professional Services
Laundry; agencies, self-service, full service,
dry cleaning
Personal or Professional Services
Laundry employing < 5 persons
Personal or Professional Services
Carpet, bag and rug cleaning
Personal or Professional Services
Banks and financial institutions
Personal or Professional Services
Offices; general, business or professional
Offices
Offices; finance, insurance, editorial or real
estate services
Offices
Offices; administrative
Offices
Offices; business offices that are accessory
to permitted uses on the site
Offices
Office buildings
Offices
Consultant services such as advertising,
engineering, architects and designers
Offices
Radio or television stations
Offices
Offices; medical and dental
Offices, medical
Office display or sales spaces5
Offices
Automotive sales, service and storage,
excluding gasoline filling stations (See
Section 28-382for performance standards.
Motor Vehicle Sales
Service stations or fuel sales (See Section
28-382for performance standards.
???
Gasoline filling station
Gasoline filling station
Auto repair and related services
Auto repair and related services
Car Washes
Commercial recreational uses
Indoor Commercial Recreation
Commercial recreational entertainment
Indoor Commercial Recreation
Amusement and recreational
establishments'
Indoor Commercial Recreation
Event Centers
Outside entertainment, commercia18
Outdoor Special Events
Indoor commercial recreation
Indoor commercial recreation
Outdoor commercial recreation
Outdoor commercial recreation
Outside eating areas
Outdoor Dining
Outside sales or special events'
Outdoor Sales
Outdoor Special Events
Outside storage
Outside storage
Seasonal outdoor sales
Seasonal outdoor sales
Commercial nurseries
Commercial nurseries
Exterior phonographs, paging systems,
musical instruments, etc. that may disturb the
peace and quiet of the public
Outdoor amplified music
Parks
Move all to PROS (and consolidate to simply
parks and related infrastructure) and zone
appropriately
Trails
Park structures"
Playgrounds
Nature preserve
Athletic fields with li hts12
Outside tennis courts with lights 13
Outside basketball courts with lights 13
Outside hockey rinks with lightsl3
Athletic fields without lights 13
Outside tennis courts without lights
Outside basketball courts without lights
Outside hockey rinks without lights
Recreation centers14
Multiple purpose park buildings
Golf course
Golf course club houses
Dog park
Public boat launch
Other passive recreational or natural open
spaces
Parking lot
Schools, business and technical
Schools, public and private
Post secondary education institutions
Schools and studios for arts and crafts,
photography, music, dance
??
Educational institutions, schools
Schools, public and private
Libraries, art galleries, theaters for the
performing arts, and other such cultural
facilities
Libraries and Museums
Libraries or post offices
Libraries and Museums
Public Administrative Offices
Churches and other places of worship
Places of Worship
Day cares/ nurseries
Day cares/ nurseries
Group day care
Day Cares
Governmental facilities
Public Administrative Offices
Fire station
Public Administrative Offices
Hospitals, convalescent hospitals and
nursing homes
Hospitals, convalescent hospitals and
nursing homes
Hotels or motels
Hotels or motels
EMS facilities26
??
Manufacturing, limited17
Light Manufacturing
Manufacture of baked goods
Light Manufacturing
Manufacturing, processing, fabrication or
assembling of limited commodit 18
Light Manufacturing
Retail sales of products manufactured on the
site19
Retail sales of products manufactured on the
site19
Wholesale trade
Warehousing
Warehousing and outside storage
Warehousing and
inside storage
Warehousing
Mini -storage
Indoor Self Storage
Light industrial that is clean and compatible
with surrounding properties
Light Industrial
Limited bottling works20
Light Industrial
Printing and publishing or lithographic shop
Light Industrial
Chemical laboratories
Light Industrial?
Research establishments of industrial,
medical or scientific nature
Light Industrial
Medical cannabis laboratories
Medical cannabis laboratories
Research facilities or research laboratories
Research facilities or research laboratories
Transportation station or terminal
Transportation station or terminal
Helipads
Helipads
Public works facility, including office and
meeting space
Public Administrative Offices
Essential services
Public utility transmission lines and facilities
Utility Facilities
Telephone exchange
Utilities Facilities
Parking facilities
See Off Street Parking Performance
Standards
Private parking facilities > 5 cars
See Off Street Parking Performance
Standards
Funeral home or mortuary
Funeral home or mortuary
Growing of industrial hemp
Growing of industrial hemp
Club or lode
Event Center
Dog training facility25
Dog training facility25
Outside eating areas
Outdoor Dining
Outside sales or special events'
Outdoor Sales
Special Events
Residences of all classes
Multifamily Residential
Temporary structures
Temporary structures
Short-term home rentals
Short-term home rentals
Small wireless facilities in the right-of-way
Small wireless facilities in the right-of-way
Wireless communication services towers and
antennas
Wireless communication services towers and
antennas
Exhibit B
District Standards (Massing Standards)
Residential
Densit
RA
TR
CTR
LR
CR
CCR
RR (R1b)
AP
R1 -new-
5-9.7 U/A
RB
R2 -new"
5-9.7 U/A
R3 —new"
6-14.5 U/A
R4 ""new""
12-25 U/A
Lot Size
Lot Width
10000
75
10000
65
14000
80
20000
80
6000
50
7000
60
43560
100
435600
300
6000
50
7500
50
6000
50
5000
3000
7000
3000
0
1 1500
Lot Width (Cul de Sac)
40
Lot Depth
100
170
300
300
100
100
100
Front Yard Setback
30
20
25
25
15
20
40
50
20
20
20
20
30
20
35
35
Front Yard Setback (Garage)
30
27
32
20
40
25
20
30
3
25
25
45
45
Side Yard Setback
10
10
7.5
10
5
7.5
15
25
5
7.5
5
25
25
20
20
Side Yard Setback (Garage)
10
3
5
51
7.51
151
25
51
31
3
25
25
10
10
Side Yard (Caner/Exterior) Setback
30
10
20
25
15
20
40
25
20
20
20
25
25
Side Yard Caner/Exterior) Setback Gara a
15
40
25
20
30
30
25
25
Rear Yard Setback
25
25
25
25
25
50
75
25
25
25
25
25
45
45
Rear Yard Setback (Garage)
3
3
50
75
5
3
3
25
25
10
10
Building Separation
15
40
50
15
35
35
OHW Setback
85
Lot Coverage
30
35
35
Lot Coaera a Structures
25
30
Lot Coverage (Other Impertious)
25
20
Floor Area Ratio
0.75
h[35
35
35
28
35
35
35
25
35
35
35
35
d35
EOBuildinHei
40
Building Height Stories
3
Buildin Hei h[ Access Structures
20
20
20
20
20
20
20
20
35
35
Building Height Ag Buildings
50
Garage Size
1000
1000
Ld Size
CBD
10, 000
B1
1P_
Vc
10A00sf
CA
BPO
1/2acre
NO
NO
5000
&3^ne w^
5000
BPI
11
BPO
1Ac
1^new"
1
PA
10,000
PWF
5Ac.
PROS
WA
LotWtlM1
Ld WMM1 Culdesac
Ld De iM1
Front— Setbeck(rnerior Lot)
15
15
50
ID
40
30
10
from
10 Ma
k t noo
ronald
40
40
40
30
50
50
30
Front Yam Setback (Comer Lot aide street)
w% 0to t yam regairetl on abj." ld
fronting on aide street, but oo less iM1en 15
or40 rear measured rrom °«temna of aide
street, wtilPM1eceris rear«
30
10
10
20
W
50
20
20 fl teal
Side In. Setback
°f EotM1
sides
10
25
Ifno side OPeniigs: 0 feet: Ifside cpenings:4
bet
20
20
5
5 ce «er
Wsings
20
20
20
20
30
50
20
(1N10 or
ago
Pen'
W% of front yam requlretl on abJ." lot
Side YaN (Correr/Exterior) S .1,
finning on side street, Dut ro less tban 15 feet
or 40 bat measured from centedine of aide
rear, wfiicM1esris ree
50
Rear Y.d Setback
20
20
15
30
15
10
20 feet
10 Pe"meter
Wsings
30
30
30
25
?0
50
25
AbuOin
75
75
75
75
75
75
rio-W
Lct Co�ere
B0%
80%
80%
50%
50%
M
50%
59%
50%
25%
Candace In antl OW. S ce
20%
Refer to
2.
ReferN
-1o,
40%
2 stodes not to
20%
20%
0%
0% 30%
3 States,
20%
m%
Mo,
3 Sto aa.
2 Stories,
30%
1 StoN. 20
30%
Bulltll�g He10M
OIredW
skid,
Section
2&2gB
Oisinc,
Section t8-
mCe�35
40
40
35
35 max 40
40 feat
40 feet
ax
mfcet
35Rmex
65
bet
45
Accessory Building Heigh
2 stones
«25 be1
2 stones or
5 k
1st ooi to
exceed 20 bat
I: ooi
a exceed
i20 ket
nmi n l N exceed
«Incipal structure
o antl nout
excee
pdncipal
1 Story,
ftm
1 Story. 20
ftmax
Floor Area Rado
..Building. moat Fese b
sl M1a�e
auncN°nale
entry along
erery public
sidewalk.
b.C°mmem
east one 4nc,.ro entry
slang eery public sidewalk.
or I�MII
Ida,
Of 1"
Meriorfront yaN. WM1ere a unibmi font yaN
s&back exists w 0Is less tM1an 30 feet, any
bulltll�g or s[mc[ure erected, simdu211y aXeretl
b.CommercielactiNtiea,
nc utlirg food s.Mce arm
sealing, may caupy yams.
ONdoar
inci1-N
or, seMce
antl
s«Gecko
lots,
acks
enlagetl may oomann to iM1e establisM1ed
setback but In no case will a s&back Bless
c«nmemial
ae prohi—
�n.1OW
eeti�g,
s may
ExceptI.. isted in GAe(Pcesibb Future
an be
s milarfo
"�
into 20 bat De allowed. W.. a ur.- front
Front and side
P m ant
S:00 a.m., unless an eseM
o py
Perbmiaooe SientleNs
iM1e
milario
ih
yaN setback does not mist, iM1e minimum
Ee [M1e dint
setbacks s 11
to landscaped
permit m issued by iM1e aty.
yams.
Outdoor
setback
es
beM1ec
requlretl setback sMll aw2ge
setback oft. tw°adja N1 main NnInIngs; or if
c.Any oR-s[ree[parkirg
co mmerola
for the
adjacent
Ibings
adjacent
builNings
[M1ere is only one adjacent ..in builtling, iM1e
s otiM11mai m,bN in
sM1th
ust be lasted to tM1e rear
.1. side of buildings.
d.Sc g sM1all ba
oofvhes
nbeck
NI-1,i�g
,g
setback less tM1an 20 bet be
allm Norgree[«[M1en 30 feet be required.
pmNtletl alon
d In g grogem
in.ua g dal
prMletad
batwaen
-I-- -
properndles antl oR
along
street PaMin9 areas
ebudi�g sheds.
10:00 p'm'
and 800
unless on
perM Is
uetl by
ne
oty.
o.Ary oR-
Exhibit C
Sustainable Stillwater Comments
Tim Gladhill
From: Roger Tomten <roger@sustainablestillwatermn.org>
Sent: Saturday, March 23, 2024 2:02 PM
To: Tim Gladhill
Subject: Zoning Ordinance discussion
Attachments: ZONING ORD COMMENTS 032324.pdf
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Tim,
In previous discussions regarding the compatibility of our current zoning codes with the goals of the Comprehensive Plan
and the Green Step Cities goals, you have asked for comments on the categories that need attention. Per your
suggestion I have assembled a list of sections that should be reviewed to confirm their compatibility with the City's
goals. The attached document lists the existing code section and highlights (in blue text) the comments or suggested
revisions. I've tried to keep the discussion items brief but obviously much more could be said on each of these topics. In
terms of the numerous residential zones, I've only addressed the RB-Two Family Residential zone at this time, as it
represents the older, historic platting of Stillwater, completed prior to the zoning code being enacted. Some of the
topics covered could easily reach into the other residential zones as well.
Let me know if you have any comments or questions. I look forward to more discussion on this important topic.
Roger
Roger Tomten
Board Vice Chair
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SUSTAINABLE
STILLWATER
MINNESOTA
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SustainableStillwaterMN.org
Facebook: SustainableStillwaterMN
Twitter: @MNsustainable
Instagram: sustainablestillwatermn
REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES
Current Ordinances with comments/suggestions in blue text
ORDINANCE CHAPTER 31 - ZONING ORDINANCE
SECTION 31-308. RB two-family district.
(a) Allowable uses.
(b) Massing regulations.
(1) Minimum standards.
Lot area
The RB zone represents the majority of housing built and developed prior to the
implementation of the zoning ordinance. In most cases the original lot sizes were
platted -40' x 130' or 5200 sq ft. This means that many developed lots were deemed
non -compliant with the creation of this ordinance. This has probably been the most
dramatic influence on destroying the historic character of the area and destroying the
method of producing affordable housing in the area.
Lot area should be minimized (-5000 sf) or eliminated as a standard.
Lot width
A majority of the originally platted lots in Stillwater were 40' wide. To set a requirement
higher than that is destroying the historic character of the community.
Lot depth
This is an unnecessary requirement.
Front yard setback - Main building
This represents a suburban standard that should not be overlayed onto a historic
neighborhood. It should be eliminated.
Front yard setback - Garage
A typical historic layout would include a garage de-emphasized from the front of the
house. The critical criteria here would ensure that the garage is located behind the front
face of the main building.
Side yard setback - Interior- Main building
This is a reasonable requirement for this zone.
Side yard setback -Interior - Garage
This is a reasonable requirement for this zone.
Side yard setback - Exterior (corner side)- Main building
No setback should be required here.
Side yard setback -Exterior (corner side) - Garage
This is a reasonable requirement for this zone.
3/23/24 Page 1 of 5
REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES
Current Ordinances with comments/suggestions in blue text
Rear yard setback - Main building
This is a reasonable requirement for this zone.
Rear yard setback - Garage
This is a reasonable requirement for this zone.
Frontage requirement
This is a reasonable requirement for this zone.
SECTION 31-317 CBD CENTRAL BUSINESS DISTRICT
(b) Allowable uses.
In general the discussion of Allowable Uses should be greatly diminished or eliminated
in areas of the City where a mix of uses is desired and beneficial.
(c) Massing regulations.
Maximum Height
The Height Overlay District in the current code was the reaction to the three large
condominium projects that were built in the 1990's, and specifically in reaction to
Stillwater Mills and The Lofts. Stillwater Mills replaced a predominately one story
manufacturing/industrial facility. The Lofts was constructed on a former vacant site. So
when these two large structures, both utilizing the full 50 foot maximum allowed height
at the time, it changed the character of the area so drastically that people thought
something had to be done.
The "down in front" approach laid out in this overlay district should be approached
carefully so as not to result in underdeveloped and blank blocks and lots, loss of value
and uses in the core downtown area and loss of revenue to the City.
There should also be a discussion about the method used to measure building height.
The side effect of using height measurements in feet in lieu of stories is going to be the
truncation of buildings all at the same height over time, and the loss of vertical
articulation and a variety of forms within a block. These are defining factors in human
scaled historic environments and we are zoning the character of Stillwater that we love
right out of existence.
Lot Area
What characteristic of Historic Stillwater is this protecting? If anything it is potentially
eliminating the small, human scaled development pattern that defines Stillwater and
reducing affordability and adaptability. It should be eliminated.
Front Setback
There is no reason for a Front Setback in this setting. Such a setback only serves to
destroy the historic character of the area. It should be eliminated.
3/23/24 Page 2 of 5
REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES
Current Ordinances with comments/suggestions in blue text
Side Setback
Similar to the Front Setback, it only serves to destroy the historic character of the area.
It should be eliminated. Building Codes already establish setbacks for the safety and
welfare of the public, so there is no need to repeat them in the zoning code.
Rear Setback
See the Side Setback comment above.
Ideally the CBD should be governed by a Form Based Code to allow quicker response
times for approvals and results that are in keeping with the city's historic character.
Lot Coverage and Landscaped Area
Similar to the Front and Side Setbacks, it only serves to destroy the historic character
of the area. It should be eliminated.
Additional Setback Standards
None of the roadways listed are contiguous with the current CBD. This section should
be eliminated.
3/23/24 Page 3 of 5
REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES
Current Ordinances with comments/suggestions in blue text
ARTICLE V. - PERFORMANCE STANDARDS
DIVISION 1. - RESIDENTIAL STANDARDS
Sec. 31-501. - Accessory dwellings.
Lot size minimums and off-street parking requirements hinder and discourage this
housing option.
Sec. 31-506. - Condominium conversion regulations.
Subd. 4. (b) Off-street parking
Sec. 31-507. - Multifamily residential district bonus.
10% bonus if 80% of units meet affordable housing standards.
Such formulas (if needed) have to be careful not to concentrate affordable housing. The
goal should be to entice all developments to apportion affordability into their projects,
not separate market -rate from affordable housing.
DIVISION 2. - RESIDENTIAL AND NON-RESIDENTIAL STANDARDS
Sec. 31-510. Off-street parking and loading.
Off street parking (or any parking) requirements need to be reanalyzed. They are one of
the driving factors in the cost of housing, infill development and perhaps more
importantly, the scale of infill development.
Sec. 31-513. Landscaping.
Subd. 1. (b) Street trees. Trees shall be planted along all streets. Street trees
shall be set back a distance of ten feet from the street right-of-way.
Street trees belong in the street right-of-way, not set back ten feet from the street right-
of-way. The benefits of street trees are numerous and should be a part of any street
improvement budget.
Subd. 1. (c) Front yards: Non-residential.
The minimum front yard ... shall be covered with sod ...
Requiring sod is not what should stated. Instead, look more toward encouraging low
water -use and native landscaping.
3/23/24 Page 4 of 5
REVIEW OF THE CITY OF STILLWATER CODE OF ORDINANCES
Current Ordinances with comments/suggestions in blue text
DIVISION 4. - CONSERVATION REGULATIONS - ALL DISTRICTS
Sec. 31-521. - Slope regulations.
These regulations should vary depending in the intensity of the development.
Restrictions of building locations and roadways in the Central Business District are
detrimental to the viability and walkability of the CBD. These regulations would be more
appropriate in the lower density areas of the City.
Sec. 31-522. - Tree and forest protection.
Subd.2. District Boundaries. The tree protection regulations apply to all zoning districts
within the city.
Restrictions should vary depending on the intensity of development. The requirements
in a sub -urban or residential zone should not be the same as those in an urban core or
Central Business District zone.
Subd.4. Tree Protection Plan.
In lower density zones, site planning should be encouraged to avoid heritage tree
locations and to incorporate them into the site plan. Using them as visual terminations,
edges of open spaces, or shaded sites for group gatherings are examples of site plan
integration.
Subd.5. Tree replacement.
Tree replacement requirements should be reviewed and adjusted based on the number
of trees to be removed and the amount of space available for replacement. When new
streets are built as part of the development, street trees should be required and
included in the replacement count.
Encourage a mix of tree sizes, using larger caliper trees for spatial definition, immediate
shading needs and street tree locations. Spaded street trees (larger caliper) will not
require as much pruning and maintenance and will provide shaded sidewalks and
protection for pedestrians.
3/23/24 Page 5 of 5
1
1 Water
THE BIRTHPLACE OF MINNES O T A
DATE: June 26, 2024
TO: Honorable Chair and Planning Commissioners
FROM: Tim Gladhill, Community Development Director
Larry Odebrecht, City Councilmember — Liaison to Planning Commission
SUBJECT: Planning Commission Work Plan
DISCUSSION
The purpose of this workshop is a continuation of the development of an Annual Work
Plan for the Planning Commission to help guide and prioritize its proactive policy work.
Much of the workload of the Planning Commission is reacting to land use applications.
However, an important element of the Planning Commission's work is land use policy
through administering the City's Comprehensive Plan, Zoning Code, and Subdivision
Code. From time to time, the Commission may also recommend other plans, programs,
and policies outside the scope of these core documents.
This workshop is the next in a series of multiple steps. The intent is to create a framework
of a high-level vision and strategy. The Commission should expect smaller follow ups in
regular meetings, especially in the context of upcoming updates to the Zoning and
Subdivision Codes. The Community Development Director is unavailable for this meeting
and this workshop will be facilitated by the Council Liaison.
During this workshop, Staff recommends covering the following.
• Ba Gkgro lnd Presentation of Existing Conditions,
7�LseurGes —
Completed at April 17, 2024 `/� �fQT�V� �J GTJ
• Planning Commission Purpose — Draft created at April 17, 2024 Workshop,
Completed at May 22 Workshop
• Planning Gemmissi,on Vision — Draft created at April 17, 2024 Workshop,
Completed at May 22 Workshop
• Strategies — Draft created at May 22 Workshop, to be completed at this
Workshop
1
1 Water
THE BIRTHPLACE OF MINNES O T A
Planning Commission Purpose/Mission and Vision
Purpose/Mission
Vision
Why does the Planning Commission exist
In the next 10-20 years...
today?
• Where do we want to be?
• What do we want to look like?
• How will we know if we were
successful?
Through diligent oversight of the
The Planning Commission envisions a
Comprehensive Plan and Zoning Code
community that focuses on housing
and listening to the voice of the
needs, employment opportunities, and
community, we commit to maintaining
a diverse community. We support
a safe, healthy, and vibrant community
historic preservation, economic
for everyone.
growth, and environmental
sustainabilit .
Planning Commission Strategies
A bulk of the work of this Workshop will focus on developing specific strategies for the
next 1-3 years. These are still high-level strategies that explain the 'how' we will achieve
our vision. These are not yet specific action items. The following themes emerged from
the May 22 Workshop.
1. Housing Development Strategy: Enhance housing density through supportive
regulations, develop shovel -ready sites for immediate construction, and establish
robust financial structures to encourage development. Include the creation of an
advisory group to assist the Council and Economic Development Authority (EDA)
in decision -making.
2. Riverfront Improvement Strategy: Execute the approved riverfront
enhancement plans, which have secured funding through State Bonding Bills, to
improve the riverfront areas' public access and aesthetic appeal.
3. Environmental and Historical Preservation Strategy: Promote environmental
sustainability by integrating green practices with the preservation of historical sites,
aiming to protect both natural and cultural heritage.
4. Economic Growth Strategy: Propel industrial growth and enhance neighborhood
commercial areas to boost local economic vitality and create job opportunities.
5. Zoning Code Optimization: Revise zoning codes to streamline procedures,
reduce redundancy, and facilitate smoother development processes, making
compliance more straightforward for developers.
6. Enhanced Partnerships and Collaboration: Develop stronger multi -jurisdictional
partnerships and collaborative initiatives to harness regional strengths and
resources for community projects.
7. Comprehensive Planning: Systematically review the Comprehensive Plan by
integrating detailed chapter discussions into each Commission meeting, thereby
embedding these insights into the strategic planning process without isolating them
as a separate agenda item.
8. Diversity and Inclusion in City Commissions: Implement strategies to monitor,
promote, and increase diversity within city commissions, potentially collaborating
with the Human Rights Commission and/or City Council to achieve these
objectives.
9. Economic Development Authority (EDA) Collaboration: Foster closer
collaboration between the EDA and advisory groups to ensure alignment of
economic development efforts with broader city strategies.
10. Historic Site Integration: Integrate economic development with historic
preservation, ensuring that growth initiatives respect and highlight the city's
historical assets.
11. Public Engagement and Communication: Enhance public engagement and
communication strategies to ensure community members are well-informed and
actively involved in development plans and city projects.
12. Sustainable Development Initiatives: Launch initiatives that focus on
sustainable development, emphasizing renewable energy usage and eco-friendly
building practices to future -proof the city's growth.