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HomeMy WebLinkAbout1999-04-14 Joint Board MINStillwater City and Town Joint Board April 14, 1999 Present Stillwater Township: Supervisor David Johnson, Supervisor Louise Bergeron, Attorney Tom Scott and Planner Meg McMonigal City of Stillwater: Councilmember Terry Zoller, Mayor Jay Kimble (7:50), Attorney David Magnuson, Community Development Director Steve Russell Chairman David Johnson called the meeting to order at 7 p.m. Adoption of a6e? nda: The review of the minutes of the Jan. 20, 1999, meeting was added to the agenda. Ms. Bergeron, seconded by Mr. Zoller, moved to approve the amended agenda; motion passed unanimously. Approval of minutes: Ms. Bergeron noted that David Francis is no longer a member; David Johnson was elected chairman of the group. A correction was noted to the spelling of Supervisor Ken Laboda's name. Mr. Bergeron, seconded by Mr. Zoller, moved approval of the minutes of Jan. 20, 1999, as corrected; all in favor. Case No. CPA/99-1 Case No. ZANI199-1 Case No. PUD/99-8 06/01/2006 Case No. SUB/99-9 Mr. Johnson asked that these cases be referred back to the Township level. He said the Town Board had referred the cases to the Town's Planning Commission. The applicants were not in communication with the Planning Commission which forwarded a negative recommendation to the Town Board. The Town Board subsequently denied the requests. Ms. Bergeron, in explaining the Town's Planning Commission's recommendations, said she felt members looked at the City's Comprehensive Plan and the Orderly Annexation Agreement and were concerned with the proposed density and setting a precedent for future density changes. Mr. Johnson noted that a significant amount of information was not available to the Town Planning Commission in that body's decision-making. Mr. Johnson stated the applicants are asking for the opportunity to go back to the Township and address issues of concern. Mr. Johnson stated that Mr. Russell had indicated he would be willing to attend the Town's Planning Commission meeting along with the developers; he stated it also would be important for the City's Parks Board and Open Space Committee to provide their perspective on the proposals. There was a general discussion about how to improve communication between the Town and City's Planning Commissions in the future. Mr. Scott noted the Town's process for Orderly Annexation matters would require that the proposal go back to the Town Board for the Board's referral back to the Planning Commission 1 Stillwater City and Town Joint Board April 14, 1999 for that body's reconsideration. The Planning Commission would then make its new recommendation to the Town Board before the matter could come back to the Joint Board. According to the Town's meeting calendar, a potential date for reconsideration of the matter at the Joint Board level was May 10. Mr. Zoller, seconded by Ms. Bergeron, moved to table the four cases to May 19; motion passed 3-0. Case No. ZAT/99-3 A Zoning Ordinance Text amendment requiring special building setbacks for arterial and collector roads and railroad tracks. City of Stillwater, applicant. Mr. Russell explained the proposal is designed to provide enhanced opportunities to establish greenways and landscaping along the major roads (County Highways 15 and 12 and Highway 96) by increasing the normal setback from 30 feet to 100 feet, 75 feet for railroad tracks. The City Planning Commission has reviewed the proposal and recommended it for approval. Ed Otis, 12070 N. 87th St. Cr., asked if other roads would be impacted, too. Mr. Russell stated that highways 15, 12 and 96 are designated greenways. Mr. Otis asked if there would be "grandfathering" of existing structures; Mr. Russell said existing houses that do not meet the increased setback would be considered legal, non-conforming uses. Mr. Russell said the proposal would impact new construction in the City. Joe Neitz, 7865 Manning Ave., asked0W#t0?rty owners would be assessed for the landscaping/greenways. Mr. Russell said a plan would be developed over time and as development occurs. Mr. Scott clarified that the proposal provides for a 100 foot setback from the edge of the right-of- way, 200 feet from the center of the roadway. Ms. Bergeron moved to accept ZAT 99-3 as proposed; Mr. Zoller seconded the motion. Motion passed 3-0. Case No. ZAT 99/1 A Zoning Ordinance Text Amendment establishing tree protection regulations requiring licensing of commercial tree trimmers, protecting significant and heritage trees, establishing tree replacement or payment for removal of trees. City of Stillwater, applicant. Mr. Russell explained the City has been working on the proposal for about nine months. The City Council has heard the proposal and continued it for some minor changes, he said. The regulations would affect parcels of one acre or greater and trees 5" in girth or greater. The proposal would require replacement and payment per caliper inch for trees removed. Mr. Russell said the proposal is consistent with the City's Comprehensive Plan policy regarding the preservation of natural areas. He noted there may be some changes made based on the Council review. Ms. Bergeron referred to a letter she, and other members, had received from Bob and Janet Mesiterling outlining their concerns regarding the ordinance proposal. Mr. Zoller noted the issues raised by the Mesiterlings are similar to those raised in Mr. McKenzie's letter. 2 Stillwater City and Town Joint Board April 14, 1999 Richard Hueslmann, 62"a Street, spoke against the ordinance. He said it would require him to apply for a permit to cut his lawn every week because of the slope of his property. He said the ordinance is "too late" to prevent the "devastation" that occurred in the cutting of the trees in the Long Lake developments. Mr. Otis stated he owns three acres and would not like to be penalized for having spent thousands of dollars planting trees if he wanted to clear a portion of his property to construct a garage, for example. Don McKenzie, 72"a Street, read a portion of a letter he had written outlining his concerns. He said his primary concern is that the ordinance amounts to depriving a person of private ownership. He said the ordinance would place a financial burden on small developers. He said the City should have been enforcing its existing tree ordinance and said he is "totally opposed" to the ordinance as proposed. Mr. Neitz stated he, too, is opposed to the ordinance. He called it "discriminatory" to the general public and spoke of the "taking clause' in the Constitution. Mayor Kimble said he didn't think there was a great chance the Council would approve the ordinance in its current state. Mr. Scott suggested continuing the matter and keeping the hearing open until the final version of the ordinanc(OWW0061e. Ms. Bergeron, seconded by Mr. Zoller, moved to continue the matter until the May 19 meeting; motion passed 4-0. Case No. ZAT/99-2 A Zoning Ordinance text amendment modifying the accessory units/structure in Traditional Residential (TR) District. City of Stillwater, applicant. Mr. Russell briefly reviewed the proposal. He said the proposal was developed with input from both developers and architects; it has been approved by the Planning Commission and is set to go before the City Council. Mr. Johnson asked about the perceived demand for the use; Mr. Russell stated there has been some interest and noted the Kroenings have placed a covenant on the Liberty development that any occupants of accessory units must be blood relatives of the homeowner. Mr. Otis asked about the possibility that the ordinance might result be expanded to include office/rental uses. Mr. Russell said the ordinance provides an option for housing opportunities unique to the PUD for the Liberty and Legends developments. Mr. Russell also noted that each single-family home constructed must go through a design review according to the terms of the PUD. Mr. Johnson noted the use has been identified as a positive way for extended families to stay together and said he though it was appropriate to provide the flexibility the proposal would 3 Stillwater City and Town Joint Board April 14, 1999 allow. Mr. Johnson asked if the ordinance was in the form that the Council would receive; Mr. Russell said there would be no significant changes. Mayor Kimble, seconded by Mr. Zoller, moved approval of ZAT/99-1 as proposed; motion passed 4-0. Other items: • Request for development/annexation of Phase IV property located at the corner of CR15/12 Mr. Russell said the City Council had referred the request from Bruggeman Homes to the Joint Board for comment. He said the proposal is in the concept stage only. Mr. Russell noted that if 100 percent of the property owners petition for annexation, annexation can be considered at any time. Present for the discussion were Kevin vonRiedel and Paul Bruggeman. Mr. Bruggeman briefly described the concept plans for a low-density townhome development consisting of 42 units. The units, similar to the Gardens development in Stillwater, would be marketed with a focus on "active adults." Mr. Zoller asked whether the City would be apple to serve the area with sewer and water, noting that without a new water tower, there may be a problem with water pressure. There also was a question raised about the setback from wetlands on the parcel in question; Mr. Russell said if the wetlands is a designateftAN?0? to Brown's Creek, the required setback is 100 feet, if it is not a designated tributary, the setback would be 50 feet. Mr. Otis noted the Comprehensive Plan/Annexation Agreement identifies 190 attached housing units; the 140 units proposed for the Bergmann property and this proposal would use up the allotted attached housing. He said the City is starting to vary from the plan regarding placement of attached units. Mr. Neitz stated he is opposed to the project, primarily due to a concern about traffic at that intersection. Ms. Bergeron said after listening to the Town Planning Commission's discussion regarding the Bergmann proposal, there is a concern about density, placing multiple dwellings where not proposed in the plan, and changing zoning as each development comes up. Mr. Russell noted that the proposals represent more attached units than authorized in the PUD, but the total number of units is below what is permitted in the Comprehensive Plan; he said it represented a density transfer - changing patterns as they relate to the land. Mr. Johnson stated the Comprehensive Plan wasn't designed to be static, but there is a process to do through in making changes. Based on the Town Planning Commission and Board's reaction to the proposal for the Bergmann property, which is similar in nature to this request, he said he thought it would be appropriate for the City Council to delay any action on this parcel or any similar requests until the process is completed for considering the initial change. The Orderly 4 Stillwater City and Town Joint Board April 14, 1999 Annexation Agreement disciplines the process the communities must go through in considering changes to the Plan, he said. The consensus of the group was to table any action, and recommend that the Council do likewise, at this time. The recording secretary left at 10 p.m. Respectfully submitted, Sharon Baker Recording Secretary 06/01 /2006