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HomeMy WebLinkAbout2006-05-24 Joint Board MINStillwater City and Town Joint Board May 24, 2006 Present: David Johnson and Linda Countryman, Stillwater Township, David Junker and Jay Kimble, City of Stillwater Others: Community Development Director Bill Turnblad, City of Stillwater Chair David Johnson called the meeting to order at 7 p.m. Approval of minutes: Mr. Junker, seconded by Mr. Kimble, moved approval of the minutes of April 26, 2006. Motion passed unanimously. Case No. PUD/06-10 A concept planned unit development for a 15-lot development on 5+ acres (Brown's Creek Reserve) in the AP, Agricultural Preservation District. Tim Freeman, Folz, Freeman, Erickson Inc. Mr. Turnblad provided an overview of the project. He explained that the request before the Board was review and comment of the concept planned unit development. The request for annexation will come back before the Board at a later date. The proposed development includes 15 homes on lots ranging in size from 10,000 to just under 20,000 square feet. He said this development will include the continuation of a number of features from the US Homes development to the north, including the trail system, road system and utilities. After annexation, he said zoning of the property will be either Traditional Residential or RA; at this point, he said a decision has not been made on the zoning designation. According to the Comprehensive Plan, he noted this property is designated as e6010-2696of 2 homes per acre, while the proposed density is 2.4 homes per acre, necessitating a Comprehensive Plan amendment. Staff is recommending approval of the concept plan, he said, with five conditions of approval. Mr. Johnson opened the meeting to public comment. Tim Freeman of Folz, Freeman, Erickson, spoke of the importance of the timing of this development for the connection of utilities, specifically sanitary sewer, for the Millbrook development. He pointed out since the last appearance before the Joint Board, the number of lots was reduced in response to the Joint Board and Planning Commission concerns. He also noted that there has been a lot of work done in conjunction with City staff in order to preserve some of the natural features of the site, including some large oak trees. Other efforts, he said include the relocation of a trail connection and provision of a ponding area to improve the quality of water that flows into Brown's Creek. Mr. Freeman spoke of the intent to dedicate an outlot to the City for open space purposes, in addition to fulfilling the Park Board's recommendation for cash in lieu of parkland dedication. There also was a brief discussion regarding the provision of temporary road access; the Brown's Creek Reserve developer will pay to remove the temporary road access when the permanent access is made. Ms. Countryman asked about the recommendation for cash in lieu of parkland. Mr. Junker stated the Planning Commission was following the Park Board's recommendation in that regard. Mr. Turnblad explained that with just 15 home sites, the Park Board felt the money might be used to provide a more appropriate, larger site to serve this neighborhood, rather than a small tot lot; it was noted the Munkelwitz property is being developed as a community park in close proximity to this site. Mr. Johnson said he was asked to inquire about the availability of cable service as utilities are extended. It was noted the City has a franchise agreement regarding Stillwater City and Town Joint Board May 24, 2006 cable service; there is no City policy that would preclude the extension of cable service to Township residents. Mr. Junker moved to grant concept approval of the planned unit development as conditioned. Ms. Countryman seconded the motion; motion passed unanimously. Case No. PUD/SUB/ZAM/06-16 A planned unit development for a 51-lot development on 25.28 acres located at 12525 75th St. N. and 12620 72nd St. N. in the AP, Agricultural Preservation District (Legacy on Long Lake), a subdivision of a 51-lot development of residential use, and a zoning map amendment to rezone from AP, Agricultural Preservation, to RA, Single Family Residential. Elite Development, applicant. Mr. Turnblad reviewed the site. The proposal includes 50-single-family lots, 45 non-riparian and 5 riparian lots, as well as two outlots, one for stormwater ponding and the other for future development purposes. Public improvements include the relocation/realignment of 72nd Street; a north-south connection between County Road 12 and 72nd Street; a bituminous trail at about the current 72nd Street location; and two park parcels, one overlooking the lake and another for tot lot purposes. Proposed zoning for the site, he said, would be Traditional Residential for the non- riparian lots and Lakeshore Residential for the riparian lots; those zoning designation represent a continuation of the current zoning of lots in the Liberty on the Lake development immediately west of this development site. Staff believes it would be good policy if there were dedication of parkland along Long Lake, he said; that will not be possible, he said, as the parcels with access to Long Lake will be retained by propertypgpomepUMeisterling and McKenzie. There is some open area on either side of the weir structure that could be utilized for public use, he said. The Planning Commission tabled action on the proposal pending some changes and will see the proposal again at its June meeting, he pointed out. The action requested of the Joint Board, he said, is review and comment. Mr. Johnson asked about the possibility of extending a trail along the current 72nd Street so it connects with the popular trail along the west side of Long Lake. Mr. Turnblad responded that the existing 72nd Street would be converted to a bituminous trail. Ms. Countryman clarified that, as proposed, there would be a public trail, but no public lake access. It was noted that is similar to the arrangement along the trail along the west side of Long Lake, where there is a trail easement, but the property is in private ownership. Mr. Johnson opened the meeting to public comment. Bob Wiegert, Paramount Engineering, Ed Dulack, Elite Development, and several of the participating property owners were present. Mr. Wiegert addressed the Board and said the developers believe the proposal meets the applicable ordinances. Mr. Wiegert showed overheads of the site. He said they had meet both with the DNR and Brown's Creek Watershed District and received comments. He noted that one unresolved issue with Brown's Creek is that the bituminous trail, as proposed, is within the Watershed District's 50-foot buffer to Long Lake, and the Watershed District would like the trail to be located outside that buffer. Mr. Wiegert said the DNR would like to reach an agreement with the City to take ownership of a parcel it owns adjacent to the site, property that could be utilized as part of the trail system on the east side of the development. To the west, the trail would end at the sidewalks that go into the Liberty on the Lake development. Mr. Wiegert noted that at this point, the proposal had not been reviewed by the City's Park Board. He pointed out the development site is in close proximity to the playgrounds at Rutherford Elementary School Stillwater City and Town Joint Board May 24, 2006 and Northland Park in explaining the park proposal. Mr. Junker stated that the Planning Commission was pretty adamant about not considering the school grounds (Rutherford Elementary) as part of usable parkland. Dave Burns, Mid Oaks Road, asked about the relocation of 72nd Street. Mr. Turnblad said the location would remain the same, until just past the weir. Mr. Burns asked how the trail would affect their property line. Mr. Turnblad said at this point there are no plans for the trail east of the weir. Mr. Turnblad briefly reviewed the current trail plan, which would be a continuous trail/sidewalk experience as currently proposed. In the long run, Mr. Turnblad said the goal would be to have a continuous trail experience. Heidi Burns expressed a concern about the possible paving of 72nd past Mid Oaks; she and another member of the audience expressed a concern about the possibility of the realigned road being used as a cut-through. A concern also was expressed about the safety of people, especially kids, using the Lake unsupervised if the City encourages the use of the Lake by providing launch access or other facility. Kim Gaultieri, Summer Fields Green, disagreed with the developers' position regarding the availability of Rutherford Elementary facilities, noting the fields are always in use, including after school by Adventure Club and by soccer and softball teams during the evening and summertime. She also noted that school officials do not encourage the use of school facilities by outsiders during the school day. Don McKenzie, one of the participating property owners, spoke to the park issue, noting that there would be a tot lot provided, and thepa4oA2lqpef children are in school during the day. He said the proposal would improve the safety of 72nd Street. He questioned who would pay for the cost of the potential paving of 72nd to Mid Oaks; it was noted that as proposed, the developer would pay for the cost. Mr. McKenzie asked why the City would not pay for the cost as the developer is already paying the City about $14,000 an acre for the purpose of dealing with road improvements outside of the development. Mr. Kimble pointed out the assessment per acre is not for road costs, it is for all the AUAR requirements for the entire annexation area, the provision of utilities, etc. Ed Dulack, owner of Elite Development, asked to clarify several issues. Regarding the park issue, he said he understands the need for parks. He said a tot lot and equipment would be provided. He said he drove by both Rutherford School and Northland Park earlier in the day, and the fields were empty. He also noted that Grace Baptist Church wants to provide ball fields on their property in the future and said he would contribute money to make that possible. He said he thought by making a cash donation, the City might be able to purchase the DNR property to complete the trail. He also said they would work with school officials to provide access to the playgrounds. Regarding the gravel road, Mr. Dulack said by paving the road, the road could be posted to control the speed. By law, speeds on a gravel road can't be posted, he noted. Mr. Johnson said it appears obvious to anyone with children participating in sports there is a shortage of active park space in the community, and encouraged the City to look at the provision of active recreational areas in any development situation. Ms. Countryman agreed with Mr. Johnson's comments. She said the Township has been dealing with the issue of active park space and the demand is greater than what the Township can provide. She said her Stillwater City and Town Joint Board May 24, 2006 primary concern was the disregard for the set aside for parks when the demand is being made from all sides. Mr. Junker agreed there are valid concerns regarding park dedication and noted the proposal has yet to be heard by the Park Board. Mr. Junker also spoke to the six comments put forward by the Planning Commission after hearing the proposal for the first time. Mr. Dulack reiterated that a cash donation in lieu of land could be used to either help develop the ball field at Grace Baptist Church or elsewhere in the City to address the shortage of active park space. Mr. Kimble suggested that staff and the developer look at the possibility of using lots 1-3 of Block 1 as an active recreational area in exchange for lot 9 in Block 4 as a home site. Mr. Johnson endorsed that idea, noting it is a relatively flat area in close proximity to County Road 12 and within easy access to the other fields. No formal action was taken. Mr. Junker, seconded by Mr. Kimble, moved to adjourn; motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 06/01 /2006