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Home My WebLink About2008-08-11 PC Packet illwater ~ ~ THa~~fASirliIElJWATER-A ~ PLANNING COMMISSION NOTICE OF MEETING MONDAY, AUGUST 11, 2008 The City of Stillwater Planning Commission will meet on Monday, August 11, 2008, at 7 p.m. in the Council Chambers of Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on tne second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 1. CALL TO ORDER 2. APPROVAL OF July 14, 2008 MINUTES 3. PUBLIC HEARINGS. Public Hearings are held during the Planning Commission's regular meetings. The Chairperson opens the hearing and will ask City Staff to provide background on the proposed item. After the staff presentationl the ChairfJerson will then ask for comments from the applicant on the proposed item. The Chairperson will tnen ask if there is anyone present who wishes to speak for or against the proposed item. The Chairperson may require a time limit on the number of minutes each member of the public may speak, normally five minutes. Members of the public who wish to speak will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission wil close the public hearing and will deliberate and take action on the proposed item. Case No. 08-30. A street vacation request for a 150 foot portion of Aspen Street between 1001 N 4th Street and 920 N 3rd St in the RB, Two Family Residential District. Scott Junker, representing David and Bev Junker, applicant. Continued from the July 14, 2008 meeting. Case No. 08-31. A variance request to the sign regulations for the building located at 14430 60th Street North, Edina Realty, in the BP-C, Business Park Commercial District. Schad Tracy Signs, applicant. Case No. 08-34. A Zoning Text Amendment to allow "amusement and recreation establishments by special use permit in the BP-O, Business Park Office District" and a special use permit for a skate board center located at 1901 Curve Crest Blvd, Suite 101. Paul Weiler, Youth Service Bureau, Inc., applicant. Case No. 08-35. A special use permit for a business out of residence, Aayleen's Attire, located at 623 West Oak Street in the RB, Two Family Residential District. Grace Morgan, applicant. Case No. 08-28. A request for approval of a senior care living facility to oe located at 12525 - 75th St. No. The speCific request is for approval of: 1) a City Code text amendment to allow senior care living facilities by Special Use Permit (SUP) in the Shoreland Overlay District; 2) a SUP for a 101 unit senior care living facility in the Shoreland Overlay District and the RB,..{ Two Family Residential District; 3) a rezoning of the property from AP, Agricultural Preservation to Rb, Two Family Residential; 4) a parking variance' 5) a preliminary plat; and any related variances. Greg Johnson, applicant. Case No. 08-36. A variance to the street side setback and rear yard setback for the construction of a garage with an attached breezeway located at 1104 5th St So in the RB, Two Family Residential District. Kevin Riley, representing Stephen and Beverly Diemler, applicant. Case No. 08-37. A special use permit and variance request for a restaurant (Dairy Queen) with a walk-up window located at 132 So Main Street in the CBD, Central Business District. Mark 5. Balay Architects, applicant. Case No. 08-38. A special use permit for a massage therapy business out of a residence located at 1017 S 1st Street in the RB, Two Family Residential District. Heidi Presslein and Heidi Jo Knudson, applicants Case No. 08-39. A zoning text amendment to Section 31-204, Subd. 6(a)(1) of the Zoning Code to allow a Special Use Permit or a Conditional Use Permit to have a longer vafidity period than two years for phased projects. City of Stillwater, applicant. 4. OTHER BUSINESS 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 CITY HAll: 216 NORTH FOURTH STREET . STillWATER, MINNESOTA 55082 PHONE: 651-430-8800 . WEBSITE: www.ci.stillwater.mn.us .'" City of Stillwater Planning Commission July 14, 2008 Present: Dave Middleton, chair, Suzanne Brown, Mike Dahlquist, Erica Fultz, Dan Kalmon, Wally Milbrandt, David Peroceschi and Charles Wolden Staff present: Planner Mike Pogge Absent: Taylor Luke Mr. Middleton called the meeting to order at 7 p.m. Approval of minutes: Mr. Wolden, seconded by Mr. Milbrandt, moved approval of the minutes of June 9, 2008. Motion passed unanimously. PUBLIC HEARINGS Case No. 08-21 A variance request on a non-conforming lot for the side yard setbacks to construct an addition with wrap-around porch at 356 Ramsey St. W. in the RB, Two Family Residential District. Bjorn Nelson, Custom Carpentry Remodeling and Construction, applicant. Continued from the June 9, 2008, meeting. Mr. Pogge reviewed the case and findings. He stated when the Commission first considered this case, staff was asked to determine possible impact of the plans on utilities in Ramsey Street and to review an erosion plan. Mr. Pogge said staff has determined plans will not adversely affect the utilities or ability to maintain the utilities in Ramsey Street. He also stated that the City's engineering staff has worked with the applicant in developing an erosion control plan that meets all City and watershed requirements; he noted retaining walls should address the concerns of neighbors regarding runoff. Mr. Kalmon asked if the City ensures that the rain gardens, part of the erosion control plan, are maintained should the property change ownership. Mr. Pogge said the City has not sought permanent easements, but leaves the burden on the landowners and Middle St. Croix Water Management Organization rules. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Kalmon stated he thought it important that the City and Watershed Management Organization make sure the rain gardens/erosion control plan stay in place regardless of ownership changes. Ms. Brown agreed with Mr. Kalmon's concern and suggested that the City and Water Management Organization work together to develop a mechanism so erosion/water management plans continue with the title of the land. Mr. Kalmon also suggested that plans for maintenance of rain gardens be communicated with the owner. The applicant stated he intended to maintain the rain gardens and make them a permanent feature of the property. Mr. Milbrandt noted that the Commission's two concerns had been addressed and moved approval as conditioned. Mr. Peroceschi seconded the motion; motion passed unanimously. Case No. 08-30 A street vacation request for a 150-foot portion of Aspen Street between 1001 N. Fourth St. and 920 N. Third St. in the RB, Two Family Residential District. Scott Junker, representing David and Bev Junker and Josephine Kiel, applicants. \ City of Stillwater Planning Commission July 14, 2008 Scott Junker and David "Choc" Junker were present. Mr. Pogge reviewed the request and staff findings. He noted that the purpose of the request is to allow the Junkers to develop the southern portion of their property. Due to the location of the ravine and bluffline requirements, a number of variances would be required to construct another house on the site. It also was noted in the staff report that there are two water main services located in the right-of-way. Also, the requested street vacation would result in making the developed property at 920 N. Third Street, currently a conforming lot, a non-conforming lot. There was discussion as to how the requested street vacation would make the existing home at 920 N. Third St. a non-conforming lot. Scott Junker asked that due to the complexity of the issues, this case be tabled so he can consult with an attorney. Mr. Pogge pointed out that this case was advertised and noticed as a public hearing. Mr. Middleton opened the public hearing. David "Choc" Junker addressed the Commission. Robert Lockyear, 1016 N. Third St., objected to the requested vacation, saying that the Junkers have demonstrated an inability to maintain their existing residence. He stated that the neighbors to the east and south would have a very narrow access, almost inaccessible, unless a cul-de- sac is constructed. He said the requested street vacation would be of no benefit to the City or neighborhood, and he pointed out that the Junkers would have little or no buildable land on which to construct an additional residence. David Junker refuted the statement that this would not be a buildable site. Kevin Kiel, representing his mother, Josephine Kiel, stated his mother didn't understand what she was signing and would like her name removed from the petition requesting the street vacation. He said his mother is not interested in obtaining any more property and is concerned about the non-conforming lot issue. No other comments were received, and the hearing was closed. Mr. Peroceschi, seconded by Ms. Fultz, moved to table this case. Mr. Dahlquist stated that if this case comes back, he would want to see the City's interest demonstrated, and unless that is demonstrated, he would not vote for the street vacation. Mr. Peroceschi withdrew his motion. Ms. Fultz moved to table this case. Mr. Milbrandt seconded the motion. Motion passed 7-1, with Mr. Kalmon voting no. Case No. 08-31 A variance request to the sign regulations for the building at 14430 60th St. N., Edina Realty, in the BP-C, Business Park Commercial District. Schad Tracy Signs, applicant. Representing Edina Realty were Jay Olson and Travis Peltier. Mr. Pogge reviewed the request and the history of the signage issues for this building. He stated the request for a variance was denied May 12,2003. In 2006, the request was again brought forward. At that time, the Heritage Preservation Commission approved the design for a second sign, with the condition that an existing be removed or a variance received from the Planning Commission. The second sign was installed, but a variance never granted, he stated. Mr. Pogge reviewed the criteria for granting a variance, and stated that if the Commission feels this request is reasonable, staff would recommend amending the ordinance rather than granting a variance. Mr. Pogge noted there are other businesses with two signs, as requested by Edina Realty; some of those were granted through the Market Place Planned Unit Development, he stated. Mr. Pogge also stated 2 City of Stillwater Planning Commission July 14, 2008 that, according to statute, neighboring violations are not to be considered when reviewing a request for a variance. Mr. Wolden said he favored looking at changing the ordinance to give more consideration to the Highway zone, and spoke against granting a variance to one business and not another. Mr. Milbrandt also spoke of revising the ordinance and pointed out that in this application Edina Realty was responding to the City's recent move to enforce the sign ordinance, something other nearby businesses have not done. Mr. Milbrandt said he would favor allowing the two signs to remain while staff revisits the ordinance. Mr. Olson spoke of their understanding that two signs would be allowed when they constructed their new building in 2002; he also noted that the two adjacent businesses have two signs. Mr. Milbrandt moved to table this case and direct staff to recommend to the Council that the sign ordinance as it applies to the Highway 36 zone be revisited for possible amendment. Mr. Milbrandt asked if there would be sufficient time for staff to review/revise the ordinance if this case were tabled. Mr. Pogge stated the City can request one extension to the 60-day time period for acting on the case, and can also ask the applicant for an extension. Mr. Peroceschi seconded the motion; motion passed unanimously. Case No. 08-32 A variance to the accessory structure regulations for the construction of a 14'x14' shed at 1005 Second St. N. in the RB, Two Family Residential District. Terence and Julie Danley, applicant. Mr. Pogge reviewed the request and staff findings. He noted that the request involves two variances - a variance for a second accessory building and construction of a new structure on a non-conforming lot. The Danleys explained there is no room in their existing garage to store normal maintenance equipment, and they would like to keep everything under wraps and the property cleaned up. Mr. Middleton opened the public hearing. Kathy Baker, 1007 N. Second St., said she thought the proposed shed would be a big visual deterrent and would lower her property values. She asked a number of questions regarding color, height, proximity to the property line, whether vehicles would be driven into the shed, what would be behind the shed. No other comments were received, and the hearing was closed. The Danleys responded to Ms. Baker's questions. They said the shed would match the color of their house; shrubs will be planted behind the shed and a fence constructed; the setback from the property line meets the ordinance; vehicles will not be stored in the shed, but the shed will be used for winter storage of several motorcycles. Ms. Brown asked whether the shed would have any architectural features, such as windows; the Danleys responded they could add a window if that is of concern. Mr. Milbrandt said he thought the shed would be an improvement and moved approval as conditioned. Mr. Peroceschi asked whether there was a condition that the color match the primary structure. Mr. Pogge stated that is not a condition, since this is not an infill project, but the Commission could so require if it desired. Ms. Brown seconded the motion for approval as conditioned; motion passed unanimously. 3 City of Stillwater Planning Commission July 14, 2008 Case No. 08-33 A special use permit to develop five apartment units and variance to the parking regulations for 124 S. Main St. in the CBD, Central Business District. Mark S. Balay Architects, applicant. Most of the discussion centered on the proposed variance to the parking regulations. Mr. Dahlquist noted that variances have been granted to businesses, but asked if this has been done for residential use before and, if so, what the experience has been. Mr. Pogge stated this would be the first experience with a residential use. Ms. Brown asked where residents would park and how the requirement for residents to utilize City parking lots would be enforced. Mr. Balay stated it is the property owner's policy to give residents a monthly parking permit as part of the monthly rent. He briefly addressed plans to convert the space to residential use, saying it was a good use of the building space. Mr. Kalmon, seconded by Mr. Wolden, moved approval as conditioned. Motion passed unanimously. OTHER BUSINESS Mr. Pogge briefly reviewed the status of the Comprehensive Plan update process and said the work likely will be completed and ready for public hearing in October or November. Mr. Dahlquist, seconded by Ms. Brown, moved to adjourn at 8:40 p.m. Respectfully submitted, Sharon Baker Recording Secretary 4 Jl. ~''', 'NNESOIA. ') Planning Commission DATE: August 8, 2008 CASE NO.: 08-30 APPLICANTS: David & Bev Junker REQUEST: Street vacation of a portion of Aspen Street. LOCATION: 1001 Fourth St Nand 920 3rd St N COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential PC DATE: August 11, 2008 REVIEWERS: City Administer, Community Dev. Director, City Engineer, and the Stillwater Board of Water Commissioners PREPARED BY: Michel Pogge, City Planner ~ DISCUSSION The applicant is requesting the vacation of the north 30 feet of Aspen Street that is 150 feet east of Fourth Street north and extending east to a point that is 300 feet east of Fourth Street. The City understands that the Junker's are making the request in order that they could build a home on the southern portion of their property. JULY 9,2008 PLANNING COMMISSION MEETING The Planning Commission held a public hearing and reviewed this request at its July 9, 2008 meeting. At that meeting the Commission elected to table the item at the request of the applicant's representative. Since that meeting Ms. Josephine Kiel has withdrawn her request that the southern portion of the right-of-way be vacated to her. As a Charter City right-of-way vacations are governed by Minn. Stat. Sec. 440.135. This statute permits vacation upon the petition of any abutting owner. As such this request can proceed forward with just one property owner requesting that the right-of-way be vacated. Junker ROW Vacation Request 'Page L EVALUATION OF REQUEST When considering if publicly owned property should be vacated there are two basic items the City considers. A. Whether the property is or is likely to be necessary or desirable for any public purpose within the reasonably foreseeable future. a. Currently there are water services in the right-of-way that provide water service to 920 3rd St N, 918 2nd St N, and 1008 2nd St N. B. Any term, condition, reservation, or dedication of any easement or interest in the property necessary or desirable for public purposes and permitted by law. a. If the right-of-ways are vacated, staff would recommend that the City secure a public utility easement over a portion of the property before they are vacated for the existing water services. Additionally, consideration should be made to have a public trail and pedestrian easement over a portion of the property in order that access from Fourth St N could be created if a trail would ever be developed in the ravine along the east side of the property required to be vacated. At a minimum Staff would recommend that a 5 foot Public Water and Trail Access Easement be placed on the entire southern edge of ROW that is request to be vacated. Finally, though not part of the current request, a number of variances will be required before a building permit is issued for the lot east of 1001 4th Street N. The attached map shows a 20' x 30' home on the site. Certainly a number of differing sized structures could have been used on the illustration including a 24' x 24' structure. Regardless of the size of the structure, in order to develop a home on the resulting lot a number of variances would be required including: 1. A variance to the required setback from a steep slope. (30 foot required, 0 feet available). 2. A variance to the minimum lot size. (7,500 square feet required, 3,690 square feet that is not on a steep slope). 3. A variance to the minimum lot width (50 feet required, 30 feet available). 4. If a larger or differently configured home than what is shown would be placed on the lot then variances to the front and side yard setbacks and a variance to allow the placement of a home on a steep slope may also be needed. Junker ROW Vacation Request 'Page 3 FINDINGS Even thought the right-of-way that is requested to be vacated is not improved with a street, it still has a public purpose and use. Therefore, it would be detrimental to the general public if the property were vacated. ALTERNATIVES The Planning Commission has the following options: 1. Recommend that the City Council deny the right-of-way vacation request. 2. Recommend that the City Council approve the right-of-way vacation request. An approval needs to be accompanied by substantive findings of fact. Staff would suggest the following conditions for approval: a. A public easement for utilities, drainage, general public access, public trail, and pedestrian access needs to be filed prior to the vacation of the right-of-way. 3. Continue the public hearing until the September 8, 2008 Planning Commission meeting. The 60 day decision deadline for the request is August 18, 2008. Staff has the ability to extend the deadline once to October 17, 2008. STAFF RECOMMENDATION That the Planning Commission recommend the City Council deny the right-of-way vacation request. Attachments: Applicant's request and Site Plan. ;< go 6D.J-O I J--OCJ5S: ;J.- ro 30a-o /;J ocJ11 S V jo g-3o r illwater ~ - - ~~ THE BIRTHPLACE OF MINNESOTA J . Fee ,,~~.B Receipt NO.~~ City of Stillwater PETITION TO VACATE PUBLIC STREET The Undersigned Hereby P~titt n That All That portion'ff \1 '7pty) ~- \SUI ~DO',', G ~_ ABlJT77NG LOTS - Lu\ I BlOCk+- c::,'l\~'\ \ <;~;~)..'"'~~t Addition, in the city of Stillwater, hereby be vacated. NAME ~~)'O - be;\) \J~\:e~ -~CJ"<:~'\ ,,~- V" ~.\~ ADDRESS \b I \tDl Y\f\ ~ f, q'J-'V ~J\ 4:-. 10" *Attach a map showing the street to be vacated. S:\Planning\street vacation application petition.wpd CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 To the city of Stillwater, 6-12-08 I Josephine Kiel residing at 920 nth 3rd S1. would like to vacate Aspen S1. with Dave And Beverly Junker. Sincerely, IJ 71~. /,... ~ tv /I 7/15/08 City of Stillwater Planning Commission Stillwater, MN To whom it may concern, I Josephine Kiel polite fully request that my name be removed from the application to vacate Aspen street. (7/14/08 Case-No. 08-30) For I was unaware of the ramifications to my property, (920 North Third street). at the time that I signed the Application. Thank you for your prompt attention to this matter. Respectfully 4 Josephine A({iel u/ , 7-1!J-CJ~ JUt 1 ~ 2008 COMMUNITY DEVELOPMENT P EN Case 08-30 Junker/Kiel ROW Vacation N A nsLJ 012.525 I 50 I 75 I Feet 100 City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 - 651-430-8810 fax 1 inch equals 50 feet !'HF B~A.IHPLtl.,C!:: OF MiNN[SOl^ ") Planning Commission DATE: July I, 2008 CASE NO.: 2008-31 APPLICANT: Jay Olson, Edina Realty REQUEST: Variance to allow a second sign for Edina Realty ZONING: BP-C, Business Park - Commercial LOCATION: 14430 N 60th Street PLANNING COMMISSION MEETING DATE: August 11,2008 PREPARED BY: Michel Pogge, City Planner ~ REVIEWED BY: Community Development Director BACKGROUND Edina Realty opened their office at 14430 N 60th Street in about 2003. At that time the company requested a variance to allow a freestanding sign in addition to their wall sign. The City's sign ordinance allows either a freestanding sign or a wall sign, but not both. The Planning Commission denied the variance request on May 12, 2003. Sometime after the denial the freestanding sign was erected. In late spring of this year several council members urged staff to enforce the City's sign ordinance. That effort began in the West Business Park area by driving past each property and taking note of non-compliant signage. One of the non-compliant signs identified in this way was the freestanding Edina Realty sign. Consequently a courtesy notice was sent notifying Edina Realty of the sign code violation and asking them to bring the property into compliance. In response to the courtesy notice, Edina Realty made application for a variance to allow both the freestanding sign and the wall sign to remain in place. Edina Realty Sign Variance August 8, 2008 Page 2 of2 JULY 14, 2008 PLANNING COMMISSION MEETING The Planning Commission held a public hearing and reviewed this request at its July 14, 2008 meeting. At that meeting the Commission elected to table the item and request that the City Council consider an amendment to allow additional signage in the BP zoning districts. The Council is scheduled to consider and discuss this at their August 12th meeting which is after the Commission next meeting. Due to this staff would recommend that this item be continued until after the Council's discussion. The 60 day decision deadline for the request is August 19,2008. As permitted by State Law, City staff can extend the 60 day decision deadline once for an additional 60 days to October 18, 2008. RECOMMENDATION Staff recommends the Commission table action to your September 8, 2008 meeting. " (Iwater ----' -.--- '2l..'_ or II N"ISOJA ") PLANNING REPORT DATE: August 4, 2008 CASE NO.: 2008-34 APPLICANT: Paul Weiler, Youth Services Bureau, Inc. REQUEST: 1) Ordinance Amendment to allow" amusement & recreational establishments" by Special Use Permit in BP-O Zoning District 2) Special Use Permit for" amusement & recreational establishments" LOCATION: 1901 Curve Crest Blvd, Suite 101 ZONING: BP-O, Business Park - Office PUBLIC HEARING: August 11, 2008 REVIEWED BY: City Attorney, Building Official, Assistant Fire Chief, City Planner PREPARED BY: Bill Turnblad, Community Development Director '~~ BACKGROUND Youth Services Bureau, Inc. (a non-profit organization) is proposing to open and operate an indoor skateboard facility in the multiple tenant building located at 1901-1931 Curve Crest Boulevard. However, the property is zoned BP-O, Business Park - Office, which does not allow the proposed use. Consequently, Youth Services Bureau submitted an application requesting an ordinance amendment to allow the use on the site. SPECIFIC REQUEST In order to operate the skateboard facility, Youth Services Bureau requests approval of: 1) An amendment to City Code Section 31-325 that would add "amusement and recreational establishments" as specially permitted uses in the BP-O Zoning District; and 2) A Special Use Permit for the facility. Youth Services Bureau SUP and Variance Page 2 of4 EVALUATION OF REQUEST Ordinance Amendment The purpose of the BP-O Zoning District is "to provide a district for office uses." However, in the West Business Park this purpose is diluted by the practice of allowing unrelated uses by Special Use Permit (SUP). For example, by SUP almost any general retail business is allowed, as are warehousing, wholesaling, schools and other institutional uses. These businesses are normally found in commercial, industrial and institutional districts, but not in office districts. Consequently, Stillwater's BP-O office district is an eclectic mix of everything from liquor stores to lumberyards. Given the current mix of uses in the district, it is difficult to do a standard compatibility analysis of the ordinance amendment request. On the one hand, recreational uses are potentially incompatible with office uses in a business park setting. This would argue against approving the request. On the other hand, the mix of existing uses in this district is already substantially different from the uses envisioned by the district's purpose statement. This would argue in favor of the request. Never the less, City planning staff advises against slipping further away from the district's core purpose by allowing recreational uses in this office district. Special Use Permit The proposed indoor skateboard facility is geared toward the non-driving youth age group. This virtually eliminates the need for parking, since parents would drop-off and pick-up their children rather than park a vehicle. The hours of operation are planned to be from 3:00 PM to 8:00 PM Mondays through Fridays. On weekends the facility would be open from noon to 8:00 PM. The facility is anticipated to accommodate 15 to 20 youth each day. Half of the operating budget would be generated through a $5 admission and concession sales. The other half would come through donations from United Way and sponsorships from area corporations. Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the Planning Commission finds that: (A) The proposed structure or use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. Zoning Ordinance The building within which the proposed skateboard facility would be located already exists. And the proposal would not include any exterior work to the building or property. Therefore, very few zoning ordinance standards apply to the project. The exceptions are the use issue (which is addressed above), parking and signage. Parking - The space that is to be leased by Youth Services Bureau was previously used for storage/warehousing. Consequently there is no striped parking near the Youth Services Bureau SUP and Variance Page 3 of 4 skateboard facility. None the less, there are two unmarked spaces available for the facility employees. This can be seen in the attached site layout. This should be sufficient since users of the skateboard facility are younger than driving age and likely will be dropped offby their parents and picked up later. In addition, the hours of operation are generally outside of standard office hours. Therefore, if there are some parents that want to stay on-site, there will be parking available in the front parking lot. Signage - No sign information has been submitted as part of this request. The Heritage Preservation Commission will need to review and approve a sign permit before any signage may be installed. Comprehensive Plan In terms of land uses "amusement and recreational establishments" would be more consistent with commercial land uses than office or industrial uses. Consequently, in the Zoning Ordinance the skateboard park and similar recreational uses are currently allowed in the CA, General Commercial Zoning District (permitted) and the CBD, Central Business District (Special Use Permit). Therefore, in the West Business Park neighborhood, the BP-C, Business Park-Commercial district would be the appropriate zoning district to add "amusement and recreational establishments", not the BP-O, Business Park-Office district as requested. An air photo is attached to show the properties that are currently zoned BP-C. (B) Any additional conditions necessary for the public interest have been imposed. And, the proposed use or structure will not constitute a nuisance or be detrimental to the public welfare. . A building permit will need to be submitted and approved by the fire and building officials. · The facility may not open to the public until a certificate of occupancy is issued by the City's Building Official. · All modifications to the plans will need to be reviewed by the Community Development Director. All minor modifications shall be approved in advance by the Community Development Director. All major modifications shall be approved in advance by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. . Sufficient on-site supervision shall be provided at all times to maintain orderly conduct inside and outside the facility. . Though not necessarily a potential nuisance item from the point of view of the general public, the building owner should be aware that without sufficient sound proofing, the noise generated by the indoor skateboard use could be a detriment to any abutting office usage. Youth Services Bureau SUP and Variance Page 4 of 4 ALTERNATIVES The Planning Commission has the following options: I) Recommend approval of the requested ordinance amendment, and approve the SUP with the following conditions: a) The Special Use Permit shall only become effective if the City Council approves the ordinance amendment allowing a non-profit skateboard facility by SUP in the BP-O Zoning District. b) No signage shall be installed on the property until a sign application package is submitted to and approved by the Heritage Preservation Commission. c) A building permit shall be submitted to the City and approved by the fire and building officials. The facility shall not be opened to the public until after the City's building official has issued a certificate of occupancy. d) All modifications to the plans will need to be reviewed by the Community Development Director. All minor modifications shall be approved in advance by the Community Development Director. All major modifications shall be approved in advance by the Planning Commission. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. e) Sufficient on-site supervision shall be provided at all times to maintain orderly conduct inside and outside the facility. 2) Deny the SUP and recommend denial of the requested ordinance amendment. 3) Table the requests for more information. RECOMMENDATION City planning staff believes the proposed use strays too far from the purpose of the BP-O Zoning District, and that the more appropriate West Business Park district for recreational facilities is the BP-C, Business Park-Commercial district. Therefore staff recommends denial of the ordinance amendment. Attachments: Floor Plan Site Layout Location & Zoning Map BP-C Properties cc: Paul Weiler tlr. , ! I I I I I I I i I I I I i I I LoADING. bod< ])00 lL I I I I OV~ ~A-t) 1)00 IL - '''A _.-- - _. - .. O?; -- ~--- - . . 0 0 "0 "0 " .Y en Q) \J u ,,- .. - ....,) , ..:r- .~ g 0.1," [L .-..-.- . .u... a __n.~_. . _0 --~-~ ~--~. _n_ ----.. --------~---_. - .,' [L U") U") U") a - U") " U") X ,.-) 0 .D C 0 ::J '+- ~ A \)C Q) . -'-'~_~'u,,, . -. .-----c--- _..~-_._-_.,,--_._- ---- sa5p<il~Dqqj:f ' ;::s- o. en Q) ..~:! ...- en ,. .- -- -----.---0 m >joap ..<;"<;6x9 , .Y [L C . a 0 m , >joap r N ..<;'<;6x9 .~ .- t. .Y ,. '" U ~i~ Q) .~. 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"':.":.......,,;-=--.=.= -=-.:: -== -= _ -I':" ~~~~~~ ~-.: -- - - - - -- ---:t-.! -~! . + : - -..... ~ - - - - - - - - - - - - ~ - - - - - -,- - - - . p ..,. ::: - - - - - - I ....... it. d'- - - - - ~ - - - T - - -..- - - - - ~~ -. · '! / d' r STATE HWY1. 36 II I I I 1 I 'I I I , I II I · I " ~E S , ~~~ Location and Zoning Map r City of i (water Youth Services Bureau Indoor Skateboard Center Community Development Department ~/1 I I I - - ~ IJ ~ ~.., ~ ~ ~ ~ i '-.....J ~ \ ~'> ", , ;/l1 u - } ~ J , l ., ...... i 1 ., :1 cf d Site layout --. ., orA ') Planning Commission DATE: August 7, 2008 CASE NO.: 08-35 APPLICANT: Grace Morgan REQUEST: Special Use Permit for a Type III Home Occupation in order to operate an in-home seamstress business. LOCATION: 623 Oak St W COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential PC DATE: August 11, 2008 REVIEWERS: Community Dev. Director Michel Pogge, City Planner ~ PREPARED BY: DISCUSSION The applicant is requesting a special use permit for an in-home seamstress business. The business specializes in Medieval/Renaissance garb. The business will be operated from the home at 623 Oak St W. This type of business, with clients visiting the home, requires a type III home occupation permit. A type III home occupation permit is permitted in the RB, Two Family Residential zoning district with a special use permit. EVALUATION OF REQUEST A special use permit for a type II home occupation may be granted only when all of the following conditions are found: 1. No outside storage or display of products, equipment or merchandise is permitted. The applicant has indicated that there will be no outdoor sales or storage. 2. Any retail sales must be accessory or incidental to the primary residential use. The applicant has indicated that the retail sales will be accessory to the home occupation and an incidental use of the residential property. 3. Infrequent hobby, craft or art sales are permitted twice a year for not more than six (6) days per calendar year. The applicant has indicated that hobby, craft or art sales on the site will be limited to no more than twice per year. 623 Oak St W Page 2 4. Any sign must be unlighted and smaller than two (2) square feet. The applicant has indicated that if there is a sign then it will be exactly 2 square feet In SIze. 5. Customers are permitted by appointment only. The applicant has indicated that the customers will be by appointment only. 6. Not more than twenty percent (20%) of the total gross floor area of the dwelling unit may be used for the Home Occupation or four hundred square feet, whichever is less. The applicant has indicated that the businesses will occupy one room and a storage closet in the home and will occupy 89 square feet. The home is approximately 1100 square feet. The area being used for the home occupations meets the size requirements of the code. 7. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors. The applicant has indicated that the use will not cause noise, fumes, vibration, or electrical inference. 8. Business hours are limited from 7:00 a.m. to 8:00 p.m. The applicant has indicated that the business hours will be between 9:00 AM and 7:00 PM; however, she has indicated that at time she will use sewing machines up to 10:00 PM at night. The Commission could consider limiting hours of operation to 7:00 AM to 8:00 PM as required by the Zoning Code. 9. Off street parking must be provided for customers. Off-street parking is available in the driveway. 10. No more traffic which is allowed other than in a normal residential area. The applicant has indicated she believes traffic will be minimal. 11. No more than one (1) nonresident employee is allowed. The applicant has indicated she is currently the only operator of the business and does not anticipate more than" one non-resident employee in the next year". 12. Type III Home Occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Zoning Administrator the complaints are substantial, a public hearing must be held, at which time additional conditions may be added to this Special Use Permit or in the alternative, the Type III Home Occupation Permit may be revoked. The applicant has indicated that she understands that the permit is subject to review if there are complaints. FINDINGS The proposed use meets the code requirements and will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance. 623 Oak St W Page 3 ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested Special Use Permit for a Type 3 Home Occupation Permit. Staff would suggest the following conditions for approval: a. No outside storage or display of products, equipment or merchandise is permitted. b. Any retail sales must be accessory or incidental to the primary residential use. c. There shall be no hobby, craft or art sales on the property. d. Any sign must be unlighted and smaller than two (2) square feet. e. Customers are permitted by appoinhnent only. f. Not more than twenty percent (20%) of the total gross floor area of the dwelling unit may be used for the Home Occupation or four hundred square feet, whichever is less. g. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors. h. Business hours are limited from 7:00 a.m. to 8:00 p.m.. 1. Off street parking must be provided for customers. J. No more traffic which is allowed other than in a normal residential area. k. No more than one (1) nonresident employee is allowed. 1. Type III Home Occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Zoning Administrator the complaints are substantial, a public hearing must be held, at which time additional conditions may be added to this Special Use Permit or in the alternative, the Type III Home Occupation Permit may be revoked. 2. Deny the requested Special Use Permit. A denial needs to be accompanied by substantive findings of fact. 3. Continue the public hearing until the September 11, 2008 Planning Commission meeting. The 60 day decision deadline for the request is September 16, 2008. RECOMMENDATION Approve the request as conditioned. Attachments: Applicant's Form, Site Plan, and letter. PLANNING ADMINISTRATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: rfi ~~ -i r:;:/rf6 150 ;nLf?3 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH SlREET STILLWATER MN 55082 ACTION REQUESTED X Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of a /I forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material are required. If application is submiUed to the City Council, twelve (12) copies of supporting material are required. A site plan showing drainage and setbacks is required with applications. A complete legal description of subject property is required. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-clay appeal period. Once the 10-clay appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDEN11FICATION '13 Address of Project 6",;zy W. 00 .It:' Sf, Assessor's Parcel No...(J? 030 ;<" () 3 i 00 rs / / (GEO Code) ..I" zoningDistricttf.6 Description of Project 5~ec;~/Co/1I'/'~/lf) tA/e..- //'il-/fnl/ /~ , W /r;.//()f..J ^' If:- , JI9/?p..'7~ '" <./ "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knOWledge and belief, to be true and correct I further certify I will comply with the permit if it is granted and used. " Property Owner ;-;,-4.. y C. J J ~ /Ie/} Representative C~ tJ\. c. ~ /'1. ./1v/<i..C; ~/1 - v Mailing Address 116' /lI Y fA .f t: Mailing Address 6' ~.} W. Otr J'( J t:;f/~ City - State - Zi,,&vr.-L f'fr/t. W..c 5iO;2.1.... City - State - Zip S'/";//Wl1 1~1t-... /VI;.) ..>.5oJ7..-Z , Telephone r/',crf/) ..?c>6 - /0 76 Telephone No! 6.J/)Y.J '}'-}'.2 .Jy Signs..,. ~ C ~ Slgns..,.(;2: ~.-/ (SIgnature is requIred) ~ (slg e is requIred) Grace M. Morgan Dba Aayleen's Attire 623 West Oak St. #2 Stillwater, MN 55082 (651) 439-9238 www.aayleensattire.com Dear Sir or Madam; Please find my application for a Special/Conditional Use permit below. (1) No outside storage or display of products, equipment, or merchandise is permitted; There will be no outside storage or display of products, equipment or merchandise. (2) Any retail sales must be accessory or incidental to the primary residential use; Retail sales are accessory or incidental to the primary residential use. (3) Infrequent hobby, craft or art sales are permitted twice per year for not more than six days per calendar year; Hobby craft or art sales will not take place more than twice per year, for not more than six days per calendar year. (4) Any sign must be unlighted and smaller than two squarefeet; Signage is EXACTLY 2 square feet, on a metal pole - required distance from public sidewalk. Sign is not lighted. (5) Customers are permitted by appointment only; Customers will be required to make an appointment. (6) Not more than 20 percent of the total gross floor area of the dwelling unit may be used for the home occupation or 400 square feet, whichever is less; Less than 200 square feet of the total gross floor area of the dwelling unit is used for the home occupation. Work room is 7'X 11 " and storage closet is 6' X 2' . Dwelling unit size is 1100 square feet. (7) No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors; Two sewing machines are part of the business, but neither is very loud - nor will they be in use after 10 p.m. (My neighbors have never complained) (8) Business hours are limitedfrom 7:00 a.m. to 8:00 p.m.; Business hours will be limited to 9:00 a.m. to 7:00 p.m. (9) Off-street parking must be provided for customers; Off-street park is available for customers, access is on Martha St. (10) No more traffic which is allowed other than in a normal residential area; Alterations and custom sewing are not high traffic business, so yes, traffic will be at a minimum. (11) No more than one nonresident employee is allowed; and Currently, I am the sole operator of my business and do not anticipate more than one non-resident employee within the next year. (12) Type III home occupations are subject to review upon complaints from the neighborhood. If, in the opinion of the community development director, the complaints are substantial; a public hearing must be held at which time additional conditions may be added to this special use permit or in the alternative, the Type III home occupation permit may be revoked. Thank you, in advance for taking the time to review my application. If there are questions, please do not hesitate to contact me. Grace M. Morgan Dba Aayleen's Attire 2 cStiJW3~~~~ ,-- ~, flJl~(RTKP'ACl 0' MIN".SOIP. J DATE: August 7, 2008 CASE NO.: 08-28 APPLICANT: Greg Johnson, Director, Select Companies LANDOWNER: Lenard Huebscher REQUEST: 1) Code amendment to allow senior care living facilities by SUP in the Lakeshore Management Overlay District 2) SUP for a 101 unit senior care living facility in the Lakeshore Management Overlay District and in the RB, Two-Family Residential zoning district 3) Rezoning of the property from A-P, Agricultural Preservation to RB, Two-Family Residential 4) Preliminary plat approval of a two-lot subdivision LOCATION: 12525 - 75th Street (Co. Rd. 12) COMPREHENSIVE PLAN: SFSL, Single Family Small Lot Residential ZONING: A-P, Agricultural Preservation REVIEWERS: Public Works Director, City Planner, Washington Co. Highway Department, Minnesota Department of Natural Resources PREPARED BY: Bill Turnblad, Community Development Director 1S~ BACKGROUND Greg Johnson of Select Companies is planning to develop a 101 unit senior living facility on County Road 12 just east of the Rutherford Elementary School. The senior care facility is called Select Senior Living. Residents in the senior care center will be able to choose the level of care and number of services they would like, depending upon their needs. The facility will offer independent living, assisted living, a memory loss wing, and some hospice. Staff will include an on-site nurse that will be available 24 hours a day. A more complete explanation of services and options are attached. Select Sf. Living August 7,2008 Page 2 Currently Pastor Lenard Huebscher lives on the parcel that would be the site for the senior care facility. To develop the project, Mr. Johnson and the pastor would plat the pastor's property and the church building property as two lots. Lot 1, Block 1, Select Senior Living of Stillwater would be the approximately 5 acre site for the senior car building. Lot 1, Block 2, Select Senior Living of Stillwater would be the site for the existing church and its parking lot. The pastor's home would be moved to Lot 1, Block 2 and serve as the parsonage. Infrastructure improvements that would be constructed by Mr. Johnson would include: 1) a platted public street that would align with Minar A venue and temporarily terminate at the southern property line; 2) extension of sanitary sewer and municipal water; 3) stormwater improvements; 4) a public trail along the new public street; and 5) a private trail connecting to the public trail system at two points to create a walking loop for facility residents. SPECIFIC REQUEST In order to develop the senior care project as proposed, a number of approvals have been requested of the City, including: 1) An amendment to the City Code to allow senior care living facilities by Special Use Permit (SUP) in the Lakeshore Management Overlay District; 2) Rezoning of the property from A-P, Agricultural Preservation to RB, Two-Family Residential; 3) An SUP for a 101 unit senior care living facility in the Lakeshore Management Overlay District and the RB, Two-Family Residential zoning district; and 4) Preliminary plat approval of a two-lot subdivision to be known as Select Senior Living of Stillwater. EVALUATION OF REQUEST 1. CITY CODE AMENDMENT A portion of the senior care facility site lies within the Shoreland Management Overlay District for Long Lake. The City Code limits the land uses within the shoreland district to: single-family homes, parks and historic sites, and cropland.] Therefore, Mr. Johnson has requested an amendment to allow senior care living facilities by Special Use Permit within the shoreland overlay district. Residential uses within the City's shoreland districts are reasonable. Single family uses are already permitted. And, senior care facilities can be developed with sensitivity to lake resources. However, since the potential impact to the resources can be greater for the larger buildings and impervious surfaces associated with senior care facilities, a Special Use Permit should be required. This would give the City, neighbors, the Department of Natural Resources and the developer an opportunity to address potential impacts and mitigation more thoroughly. City staff has discussed the idea of senior care by SUP with the Area Hydrologist for the DNR. Though that was a year ago, she believed it was within the realm of possibility. ] City Code Section 31-402, Subd. 4(b)( 1). Select Sr. Living August 7, 2008 Page 3 II. REZONING The property is currently zoned A-P, Agricultural Preservation. Mr. Johnson has requested a rezoning to RB, Two-Family Residential. There are generally two criteria against which rezoning requests are measured. One is whether the rezoning is consistent with the Comprehensive Plan. The other is whether it is compatible with the neighborhood. The current Comprehensive Plan's future land use map guides the property for SFSL, Single Family Small Lot development. The two zoning districts that are consistent with the SFSL density and land use are RB and CR zoning districts. Incidentally, either zoning district would also be consistent with the draft 2008 Comprehensive Plan's future land use map. The RB zoning district is more appropriate than the CR for a couple of reasons. First, the proposed building is a 3 story 35 foot tall structure. The CR district has a maximum building height of 2 stories or 28 feet (whichever is less). The RB district allows a 35 foot tall building (no mention is made regarding a maximum number of permitted stories). So the proposed building height is allowed in the RB district. Second, senior care living facilities are allowed in the RB zoning district with a Special Use Permit, whereas they are not an allowed use in the CR district. The RB zoning district is found predominantly in the historic residential neighborhoods of Stillwater. But they are scattered throughout the City in other locations as well. The predominant use in the RB district is single family residential. The single family residential use would be compatible with the neighborhood surrounding the proposed senior care living facility. Property immediately to the east is a church, to the west is an elementary school and along its north side is an arterial street. Property to the south is large lot single family residential. Though not requested, this may also be an appropriate time to rezone the church property from A-P to RB. III. PRELIMINARY PLAT A. Minimum Dimensional Standards Lot standards Minimum lot standards for the proposed RB Zoning District are compared below with the lot dimensions proposed by the developer. As can be seen, all minimum lot standards are met. Lot Standards Area Width Frontag-e Depth Required 7,500 s.f. 50' 35' 100 Lot 1, Bll ca. 5.3 acres 652' 425' 289' Lot 1, Bl 2 ca, 5.0 acres 471' 942' 380' Select Sr. Living August 7, 2008 Page 4 Setbacks The minimum building setbacks required in the RB Zoning District are compared below with the proposed setbacks for the senior living facility. Setbacks From C.R. 12 From South From West From Minar Required 100' 25' 25' 20' Proposed 100' 53'9" 181' 3" 48' 8 " Miscellaneous Maximum lot coverage Buildings Impervious surface Maximum building height 25% allowed 25% allowed 35' allowed 13.7% proposed 10.5% proposed 34'proposed In summary: all dimensional standards are in compliance. B. Civil Engineering . The proposed street layout has been reviewed and found satisfactory by both the City's Public Works Department and Washington County transportation planner. The road will create a four-legged intersection with the County Road and Minar A venue. It will provide access for the church, the senior living building and the underdeveloped property to the south. . There should be a temporary turnaround at the terminus of Minar Avenue. . The Washington County Highway Department requires that the final plat include a notation that access will be restricted along the County Road. . Though the senior care facility will not generate enough traffic for the County to require turn lane or bypass lane improvements, it together with traffic generated by future residential development south of the facility will require those lane improvements. Therefore, the developer should be required to deposit an escrow for a fair portion of those future lane improvements. That escrow should be deposited prior to release of the final plat or building permit, whichever may come first. . Municipal water will be extended from County Road 12 past the new building to the terminus of Minar Avenue. Sewer will be extended from the manhole in a neighboring lot in Liberty on the Lake through the elementary school property to the new building. An easement from District 834 will have to be secured by the developer for this. Sewer will also be extended to service the new parsonage location. The portion of this extension that has a diameter of 8" will require an easement to the City. . The project will include sufficient stormwater ponding capacity to manage surface water from the senior care property and a portion of the residential property to the south. A stormsewer pipe will need to be stubbed to the property line by the developer. . This development will be responsible for paying the Trout Stream Mitigation Fee of $17,414 per acre; the Transportation Mitigation Fee of $14,820 per acre; and Select Sf. Living August 7,2008 Page 5 sewer and water fees totaling $10,971 per acre. These fees will be due prior to release of the plat or issuance of a building permit, whichever occurs first. · All electrical and communication utility lines are required to be buried. · Brown's Creek Watershed District review and permit are required. C. Future Subdivision Future development of excess church property and the two underdeveloped residential properties south of the senior facility has been considered. The attached plan set demonstrates that the location ofthe new segment of Minar Avenue along with the extension of utilities will allow each of the three neighboring properties to develop independently of each other. The option for all to develop simultaneously as a single plat is also still preserved. There has been concern expressed by one of the landowners to the south that if the City approves the proposal, the development value of his property will drop. This is not correct. The lake shore management overlay district within which the property to the south lies, permits residential lots with a minimum size of 20,000 square feet. This does not change whether the City approves the senior living facility or not. Therefore, the development value remains the same. The speculative development value of the property to the south could be affected, though. If a developer were able to acquire all three of the underdeveloped properties in this neighborhood, and were able to buy sufficient abutting open space, and were able to receive approval of a Lakeshore Planned Unit Development from the DNR and the City, then perhaps the development density of the properties to the south could be higher than 20,000 square foot lots. However such a Planned Unit Development was recently attempted and failed. Therefore, lots smaller than 20,000 square feet are VERY speculative at this point. C. Tree Preservation A tree inventory has not been submitted with the preliminary plat application materials. It will need to be submitted with the final plat application, as will a tree replacement plan. D. Park and Trail Dedication Ordinance 963 establishes minimum public park, open space and trail dedication requirements. The minimum parkland requirement for this development would be 19.5% of the 5.3 acre site, or 1.04 acres. Since the park plan shows no planned park improvements on the property, a cash dedication in lieu of land may be appropriate. Unfortunately, there is no established park dedication fee in Ordinance 963 for senior living facilities. The most similar fee is $1,500.00 for each unit in a multiple-family project. However, park system and trail usage by seniors may not be similar to that of a typical multiple-family project, especially where memory loss residents are concerned. Therefore, the Park Board will need to make a recommendation to the City Council on what the fee should be. Select Sr. Living August 7, 2008 Page 6 In addition, a trail dedication is required if a trail is not to be built and dedicated to the public. In this project a public trail is proposed along Minar Avenue that would connect to the County Road 12 trail. This may satisfy the trail dedication requirement. The trail is shown on the east side of Minar Avenue. But in order to provide a loop trail route for residents of the senior living facility, the trail should be constructed on the west side of the road. E. Parking The industry that serves the senior living population evolves so rapidly that the City Zoning Ordinance does not have a specific requirement for the proposed facility. There are specific requirements for "boardinghomes for the aged", "institutions for the aged", and "nursing homes". The parking requirement for each of these is one space for each five residents plus a space for each employee on the largest shift. This parking standard recognizes that the residents are not driving and do not need personal parking spaces. These facilities only need visitor and employee parking. The proposed senior living facility is not a nursing home. But, the proposed facility will have a number of residents that do not drive. There are 19 planned memory care units and 47 planned assisted living units. The residents in these units typically do not drive. So, for these 66 units it would be appropriate to apply the 1 per 5 standard, resulting in 13 required spaces for these residents. The independent living units will have more driving residents. In similar facilities in the metro area there is on average fewer than one driver per unit. But to be conservative we could require one space for each of the 35 planned independent living units. That would allow spaces for visitors as well. In addition to the residents and visitors, there will be as many as 10 staff members on the site during the day shifts. There will be fewer during night shifts. And, to be conservative 10 spaces should be allowed for various volunteers and deliveries. In summary, this would result in the need for 13 memory loss and assisted living spaces, 35 independent living spaces, 20 spaces for staff and assorted daytime volunteers and deliveries. This is a total of 68 spaces. The proposed facility will have 68 spaces. 22 will be in the surface lot and 46 in the underground garage. Unless employees and volunteers park in the underground garage, surface spaces may not suffice. Consequently, 10 proof-of-parking spots should be provided. If needed, these spaces could be built. IV. SPECIAL USE PERMIT If the City Council approves the requested amendment to the City Code, then the senior care facility would be allowed by SUP in both the RB Zoning District and the shore land overlay district. Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the Planning Commission finds that: Select Sr. Living August 7, 2008 Page 7 (A) The proposed use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. Zoning Ordinance All relevant Zoning Ordinance standards have been reviewed in previous sections of this report. Comprehensive Plan The Comprehensive Plan's housing chapter encourages providing a range of housing opportunities for the aging and elderly. One tool identified for doing this is through the zoning ordinance, which allows higher density senior residential facilities by SUP in several ofthe City's single family zoning districts. The Comprehensive Plan's future land use map guides the subject property for SFSL, Single Family Small Lot development. The two zoning districts that are consistent with the SFSL density and land uses are the RB and the CR zoning districts. The proposed project would be zoned RB. (B) Any additional conditions necessary for the public interest have been imposed. Architectural design - The project site is not located within a historic residential neighborhood, downtown, or the West Business Park. Therefore, no architectural standards are mandated, nor is a review by the Heritage Preservation Commission required. None the less, architectural design is important to the City and its residents. Therefore, the developers have invested considerable time and resources to prepare an exterior design that includes sufficient architectural richness. The building will have "four sided architecture" with full cornicing, elegantly columned entrance, balconies, shutters and a mix of exterior materials. The first floor will have stone veneer, the remainder of the building will be vinyl siding. An elevation or rendering of the south fayade has not been submitted. To understand the architectural and massing impacts upon the southern property own, this should be made available prior to City Council consideration of the proposal. Lighting - A lighting plan has been submitted with the application materials. The illumination spillover is held at 0.0 luminaires along C.R. 12, along the elementary school property line and along most of the southern lot line. The pole mounted light near the southeast corner of the building casts 0.1 luminaires at the southern lot line. The lighting plan should be revised to hold this at 0.0 luminaires. Also, prior to City Council consideration of the proposal, cut sheet details should be submitted for each of the exterior fixtures. This will help review both aesthetic considerations as well as glare potential. (C) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. . Staff finds this criterion to be satisfied. Select Sf. Living August 7, 2008 Page 8 AL TERNATIVES A. Aooroval If the Planning Commission finds the proposal to be satisfactory, it could approve the SUP and recommend approval of the code amendment, rezoning, and preliminary plat with the following conditions: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: · Proposed Layout Plan dated 7/18/08 Sheet 3 of 14 · Proposed Grading Plan dated 7/18/08 Sheet 5 of 14 · Proposed Utility Plan dated 7/18/08 Sheet 6 of 14 · Proposed Lighting Plan dated 7/18/08 Sheet 7 of 14 · Proposed Landscape Plan dated 7/18/08 Sheet 8 of 14 · Proposed Site Plan dated 7/18/08 Sheet Al.l · Proposed First Floor Plan dated 7/18/08 Sheet A2.2 · Proposed Garage Floor Plan dated 7/18/08 Sheet A2.1 · Second Floor Plan dated 7/18/08 Sheet A2.3 · Proposed Third Floor Plan dated 7/18/08 Sheet A2A · Proposed Front Elevation dated 7/18/08 Sheet A3.1 2. The Special Use Permit shall not become effective unless the City Council and DNR approve a City Code amendment allowing senior care living facilities as a specially permitted use in the Shoreland Management Overlay District. 3. The rezoning of the property shall not become effective until the applicant receives Final Plat approval from the City Council. 4. The preliminary engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction prior to Final Plat application. 5. Prior to City Council consideration of the proposal, a tree inventory shall be submitted together with a tree replacement plan if needed. 6. A permanent utility easement shall be created for the 8" sanitary sewer line that runs eastward from Minar Avenue to the church. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. 7. A permanent utility easement shall be created for the sanitary sewer main that will run along the elementary school property. It shall be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement shall be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. 8. Prior to release of the Final Plat for recording with Washington County, a park dedication fee in an amount found satisfactory to the City Council shall be submitted to the City. 9. The public trail along Minar A venue shall be relocated from the east side of the street to the west side. This shall be reflected in the Final Plat application materials. 10. The Final Plat shall include restricted access to County Road 12 along both lots. 11. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for Final Plat approval. 12. Trout Stream Mitigation fees, Transportation Mitigation fees, and sewer and water fees will be due and payable prior to release ofthe Final Plat for recording with Washington County, or prior to issuance of a building permit, whichever occurs first. Select Sr. Living August 7,2008 Page 9 13. The Final Plat application materials shall include a temporary turnaround at the terminus of Minar Avenue. The turnaround shall be found satisfactory to the Public Works Director and the Fire Chief. 14. Prior to release of the Final Plat or building permit, whichever occurs first, the developer shall deposit a County Road 12 lane improvement escrow with the City in an amount found satisfactory to the Public Works Director. The escrow shall be sufficient to cover the senior care living facility's fair share of the cost of constructing a future bypass or turn lane for the Minar Avenue intersection with County Road 12. 15. A storms ewer pipe extension to the south property line shall be included within the Final Plat application materials. The details of said storms ewer pipe shall be found satisfactory to the Public Works Director. 16. A development agreement in a form and with content found satisfactory to the City Attorney and the Public Works Director shall be submitted for approval by the City Council. Said development agreement must be found satisfactory to and approved by the City Council prior to release of the Final Plat for recording with Washington County. 17. Final Plan application materials shall include ten code compliant proof of parking spots in the site plan. 18. An elevation or rendering of the south fa<;ade shall be submitted prior to City Council consideration of the proposal. 19. The lighting plan shall be revised in the Final Plat application to hold the illumination level at the southern property line at 0.0 luminaires. 20. Prior to City Council consideration of the proposal cut sheet details shall be submitted for each of the exterior fixtures. C. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. D. Denial Ifthe Planning Commission finds the proposal to be unsatisfactory, it could deny the SUP and recommend denial of the remainder of the requests. With a denial, the basis of the action should be given. RECOMMENDATION Staff finds the proposal to be consistent with the comprehensive plan, compatible with the neighborhood and in keeping with City Code standards. We therefore recommend approval with the conditions found in Alternative A above. cc Greg Johnson Molly Shodeen, DNR Area Hydrologist Kathy Widin, City Forester Attachments: Applicant's narrative Location and Zoning Map Preliminary Plat Plan set (j!/ek/'L (j!/enio4t To The Stillwater Planning Commission; Thank you for the opportunity to discuss the potential of a senior care Campus in the City of Stillwater. We are a small family owned company looking to build an assisted care Campus on five acres of land located on County Road 12 adjacent to the Rutherford Elementary School. This campus would contain approx. 100 unit's consisting of independent living, assisted living, memory care and potentially some Hospice. The Campus would have a Restaurant style dining room, a full commercial kitchen, community room and many other amenities. Our residents would enjoy a state of the art facility with daily activities and scheduled trips to local shopping and attractions. Our staff would consist of a full time 24 hour nurse, director, activities planner and several home health aids to assist in the daily care of our residents. We have created a business relationship with a local provider to oversee the daily activities and operations of our facilities. We anticipate a low level of traffic produced by our campus, Over two thirds of our residents do not drive. The residents that drive do so in a limited capacity, maybe one to two trips per day. We feel this type of use will have a limited impact on the traffic in the surrounding neighborhood. There is a strong need for this type of housing in our community. We feel the location of the site with its proximity to the school and church is excellent. County Road 12 has been identified a major artery in and out of the city. This building would offer a nice transition for the properties to the south. We ask that you strongly consider this proposal and come to the meeting with as many questions as you can think of. We look forward to meeting with you in May. 0M~ Greg Johnson Director ~ 12415 55th Street North * Lake Elmo, MN 55042 (651) 439-2414 - office * (651) 439-3254 - fax r;Yebt ({jkUmt Weekly Noontime Dinner # 1 Menu 4/20/08 TO 5/4/08 Seating Time: 12:00 p.m. to 1 :00 p.m. Monday Chicken Oscar Lasagna Rollotini W/Meat Sauce Tuesday Roast Beef Grilled Tuna Steak Wednesday London Broil Roast Game Hen Thursday BBQ Pork Ribs Chicken Cordon Roy Ale Friday Baked Scrod Cod Swiss Steak Saturday Sirloin Steak Baked Chicken Sunday Broiled Walleye Roast Turkey 12415 55th Street North * Lake Elmo, MN 55042 (651) 439-2414 - office * (651) 439-3254 - fax ({!Iek>A'k ~W}C QlnbJ7;? Weekly Evening Supper #1 Menu 4/20/08 TO 5/4/08 Seating Time: 5 :00 p.m. to 6:00 p.m. Monday Chicken Pattie Sand. Ham & Cheese Quiche Tuesday Monte Cristo Sand. Hamburger Tomato Goulash Wednesday Tater Tot Casserole Grilled Reuben Thursday Ham Salad on Light Rye Hot Roast Turkey Sandwich Friday Chicken Drummies Neptune Quiche Saturday Fish Filets Grilled Ham & Cheese Sunday Chicken Nuggets Pizza Burger 12415 55th Street North * Lake Elmo, MN 55042 (651) 439-2414 - office * (651) 439-3254 - fax Select Senior Living of Coon Rapids Assisted Living Apartments Here at Select Senior Living we have tailored our assisted living to meet the individual needs of our residents. Our dedicated staff provides our resident centered packages and the other comprehensive services listed below. ADartment Monthlv Fees: Studio One Bedroom One BedroomlDen Two Bedroom Companion Suite 448 ~ 529 Sq. Ft 526 ~ 801 Sq. Ft. 1147 Sq.Ft 966~ 1268 Sq. Ft. $2,579.00..;...$2,641.00 $2,769.00 - $3,085.00 $3,349.00 $3,559.00 -$3,659.00 $1979.00- $2079.00 ADartment Fees Include: · Nlirsfn.gcare management-. · Personal pend~ntcall system...There wi~ be a minimal charge for each use. · 7 day a week continental breakfast & lunch and dinner in dining room · Weekly housekeeping & linen change (approximate time of ~ hour) · All utilities included (except phone and cable) · Transportation for scheduled shopping and outings · Staffp.lallned activity programs and events · C01n,pli!lle.ntary laundryfacilities · Health and wellness clinic · 24-hour access to staff · Ok checks daily · Maintenancefor apartments (on-site) Ala Carte Services: · . Laundry · Round trip escort service · Pendant call · Security/safety checks · Guest meals · Meals delivered to apartments (prior notification required) · Additional housekeeping services available · Beauty and barber servil:es · Second occupant . Bathing $10.50 Per load, 24-hour turn around $5.00 $9.25 (IS-minutes increment) $5.00/night 1 X check $7.00 Lunch/5.00 Dinner $3.00 $24.00 per hour $ fee set by beautician $350.00 $18.50 per bath Home Health Aide Packaees: PackageA: 2 visits per day, up to 15 hours of services per month = (32.20/hr.) $497.00 Package B: 4 visits per day, up to 30 hours of services per month = (31.70/hr.) $979.00 Package C: 6 visits per day, up to 45 hours of services per month = (31~16/hr.) $1,444.00 Package D: 8 visits per day up to 60 hours of services per month = (30.65/hr.) $1,894.00 Package E: 10 visits per day, up to. 75 hours of services per month = (~0.13/hr.J $2,328.00 Package F: 12 visits per day, up to 90 hours of~ervices per month = (25.17/hr.) $2,745.00 Initial Assessment Fee: $165.00 A one-time fee. The Nursing Director will complete a health assessment to determine the most effective and economical service plan. The service plan will define the resident's needs, schedule of services and financial obligations. Changes to the service plan will be made in consultation with the resident, physician and/or respon$:ible party. Medication Packaees: Package A: 2 Home Health Aide visits per day to assist resident with medication. This also includes medication set-up by a licensed nurse: $578. 00 per Iflonth Package B: 4 Home Health Aide visits per day toassistr,esir/el,twith mer/ication. This also includes medication set-up by a licensed nurse. $1,018. 00 per month These packages may be appropriate for clients who have Jew care needs yet need assistance with medication compliance. If a resident requires the staff to spend more time than prescrihed in the above packages, the resident will be charged $9.25 per 15-minute increments for the Home Health Aide and $21. 00 per 15-minute increment for the Licensed Nurse. Medication Set-up: $37.00 per week INSULIN ADD $15.00 A nurse will place medications in individualized, labeled containersforeach client and will place the containers in the client's apartment. The service includes coordination with the physician and pharmacy for medication orders, compliance assessment, response to medications and consult with resident or responsible party as needed. MedicationChanJ!e: $16.00 A nurse will adjust the medications to comply with the revised medication order. The nurse will reset the medications in the individualized, labeled containers. Nurse Visit: $42.00 minimum of 30 min. $21.00 i5-minutes increments thereafter The nurse will provide services ordered by the physician and agreed to in the service plan. Nurse telephone consultation evenings, weekend or holidays: $15.00 per call (physician or family contact) Home Health Aide Visit: $9.25 per IS-minute increment The Home Health Aide provides supportive services identified in your service plan. These services may include medication reminders or assistance (when medications are set up by a Select Senior Living Nurse) safety checks and assistance with activities of daily living. ;. 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I( ," ':lJ!;;!;bdlJ:~"!;,;: .~.,"" " !ii!I~I!ilillli,i!!~j:il ::.. :. rp.."rmJ . :W;:liiii!:iJ~t . ,.'..' :.'" >- (l t- Z ill Z <[ L ~ Z I-- W Ie ~ 0 6 - W ;,- t- <i <[ ~ ~ > ~ ('C)r- ill Xx "'<t" - -1 C"t - \P ~ ill ~~ I " II t- ~~ ~~ (l ('C) ('(\ ill ill 0 </=<i Z ~~ C~ jllw~e~, ....... ~ ~ ~ ., -~HF 8IATHPLACf-. Of MrNNf.S01A J Planning Commission DATE: August 8, 2008 CASE NO.: 08-36 APPLICANT: Keith Bogdan REQUEST: Variance to the front yard setback for the construction of a garage LOCATION: 1104 5th St S COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two-Family District PC DATE: August 11, 2008 PREPARED BY: Michel Pogge, City Planner tt11f REVIEWERS: Community Development Director, City Planner DISCUSSION The applicant is requesting a variance to allow the construction of a garage on the corner lot of 1104 5th St S. A variance is being requested to Chapter 31-308(b)(1)1 of the Stillwater City Code for the front yard setback of the new garage. The garage plan proposes a setback zero feet from the front property line or 16.5 feet from the back of the curb on Hancock Street West. This new garage is basically the same size as the existing garage; however, the new garage is proposed to be connected to the home via a breeze way. As such it is required to meet all of the required setbacks which the current structure does not. Public safety and engineering staff have requested that the garage be setback a minimum of 20 feet from the back of curb in order to allow a car to be parked in front of the garage without encroaching onto Hancock Street West. Additionally, the building code allows no opening (including garage doors) closer than three feet to a property line, These two conditions have been suggested as conditions for approval. The proposed garage will meet all other zoning requirements including impervious surface requirements. 1 Garage Front yard. A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling 1104 5th St S Page 2 EVALUATION OF REQUEST A variance may be granted only when all of the following conditions are found2: 1. A hardship peculiar to the property, not created by any act of the owner, exists. Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance. The home and existing garage were constructed sometime between 1910 and 1930, which was before the current 30 feet minimum setback requirement for garages in the RB zoning district and before the Diemler's owned the property. The garage is being totally demolished and rebuilt. The area south of the current garage is flat and could easily support a garage, Due to this staff is not able to find a hardship that is particular to this property in order to support a variance request. 2. A variance is necessary for the preservation and enjoyment of substantial property rights; and, if granted, would not constitute a special privilege not enjoyed by neighbors. This property is zoned as two-family residential which allows single family and two- family uses. Without the variance the property owner could move the proposed garage south and still build the garage. It would appear that without the variance the property owner would still have all of their property rights and the granting of the variance would convey a special privilege that the property owner does not already enjoy. 3. The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan. The current situation would be improved if the garage is built with a minimum of a 20 foot setback front the back of curt of Hancock Street West. With this change the authorizing of the variances will have negligible impact to adjacent properties. ACTION BY THE HERITAGE PRESERVATION COMMISSION Since the old garage structure was over 50 years old the applicant has submitted an application for a demolition permit to the Heritage Preservation Commission (HPC). The HPC is scheduled to review this at a special meeting on August 18,2008. 2 City Code Ch. 31-1, Subd. 30.(2).d 1104 5th St S Page 3 FINDINGS 1. That the hardship is not peculiar to the property, not created by any act of the owner, exists. In this context, personal financial difficulties, loss of prospective profits and neighboring violations are not. 2. That a variance is not necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would constitute a speciatprivilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan. ALTERNATIVES The Planning Commission has the following options: 1. Approve the variance to allow for the replacement and expansion of a non- conforming structure by allowing up to a 27 foot encroachment into the required 30 foot front yard setback for a garage [31-308(b)(1)]. If the Commission chooses to approve the variance the commission needs to make a positive finding of fact on the required that supports the denial. Additionally, staff would suggest that the following conditions for approval: a. The new garage must be setback a minimum of 20 feet from the back of curb of Hancock Street West and must be setback a minimum of 3 feet from the north property line. b. HPC must approve demolition of the existing garage before issuance of a building permit for the new garage. c. All revisions to the approved plan shall be reviewed and approved by the Community Development Director. 2. Deny the variance to allow for the replacement and expansion of a non- conforming structure by allowing up to a 37 foot encroachment into the required 40 foot front yard setback for a garage [31-308(b)(1)]. 3. Continue the public hearing until the September 8, 2008 Planning Commission meeting. The 60 day decision deadline for the request is September 16, 2008. RECOMMENDATION Since a positive finding of fact could not be made staff recommends the Commission deny the requested variances. Attachments: Applicant's Form, Letter, and Site Plan r 'l PLANNING ADMINISTRATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED Special/Conditional Use Permit -><' Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of supporting material are required. If application is submitted to the City Council, twelve (12) copies of supporting material are required. A site plan showing drainage and setbacks is required with applications. A complete legal description of subject property is required. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION 3"3 O?O .;l.o\:3aoS;3- Address of projectlJ Dtf ~-:S~ .5 . Assessor's Parcel No. -r 32:> 030 C)..D13OVS'3 n ' (GEO Code) Zoning Districtj<..\..B. Description of Project R.~-Bvl Lb JA.Jb-DF ~b~ wi ~ Ai"t"AC.i~ e,~U..J.A-'r' B.~~ ~ &AR-~ A7-J~ J.b~ ~ ~, "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owne~~f.,J ~ B~v'~uJ ~,~ Representative \4::v J~"-;- R..\ ~ Mailing AddressJJ oLf (S~.,.-. .s j Mailing Address gs;/O 1YfM-'O~{Ju.'="C"P-. /oJ, City - State - Zip ~L.LWA-~, MtJ ,~og;)- City - State - Zip ~ ~I AA...J . ~LfB.- Telephone No. lA5/. ):~9 -q 0 q g Telephone No. 4>S1 ' ~- d-+~ Signature ~ cx:Y ~ Signature--0...= -:-{/ ~ (Signature is required) (Signature is r~ ,I f SITE AND PROJECT DESCRIPTION Lot Size (dimenSions)I~~ I.t{p ~ Total Building floor area ~;;"Lf square feet Land Area Existing square feet Height of Buildings: Stories Feet I Proposed square feet Principal:3 ?5" - Paved Impervious Area square feet Accessory I ----rz;;r No. of off-street parking spaces "3 H: \mcna mara \shei la \PLANAPP, FRM April 9, 2008 .J <;' IIIS/o~ ~L-A-NNJ,..sG- ~~SSJ ON Clay' of Sr)l-L-<..v~ OL (LP ,.0 DATH Fo v~TH $-,-. <5n L.LwA~tM~ I sso~).- &AR ^^~~ I fi+/S L&lf t::P- t~ TI:> ~B6 Ti<<t ~)G(~~G- .s-rR.-J~~ ~~ t)<.J1' I~b.tb vs.~ of N~W <;;1R~Jf<t . -rHE- ff>Q::sT7...J(:,- 5--n<-vC:TU~ l S "3>' I ~w,J i ^-J ~.L-tvA-1lo,.J f.--po.M.- c..v ~ C:;:-ro~ ~ul:- -yo ~/~ S'L-1=t5 I NtS.c-> ~L-A.B l'\J~ uLl:::. 8~ ~a-v~ ~ lTH P Po t>~ Eu::v:4171JN J.- ~R4 /...tAGt.- IZ> Cv R.B ~ P. ~)Cl ST7....Jb- ~C:::rV ~ I S ;;1..'--( w I ~ }t. , ;).i..,/ b~)( ('3' I;.J J-I'-I6HTi ~ ~ ~'TtJAf.. WILL &t:- d- 4-' w, ~~')t ~I ~~'XI~ IN 1~~6-Hr~h. ~ D~~sIW{~Sr ~/JJbS l()r/XJ/..f"WA-vLS1~b-/~~~~SS~t Co~'fl 6~~ ~~1~E:~, <..Pf>~E-~ wI ~/JSG-, AS~t-lPrL--r P-eofC-fA I . i Ql ovt R ~ ~/lS f 1 5(.;R.\!l C~ ~R. \ Q.... IN IAfA 0 w-S , +- N ~. V\J ~t...42> MlW"WAY ~~f>A.o,J · ~ I'Jtw &-A-RAb-f::. 5J-4B wiLL BJf ~OV~b~~ ~&r ~Ab?.J-~-'Nfi:>;QL~ WA-k-to AL.u>t4 3~' eP-W B~'(' W /4/1;;.. ~~ I Bf:A,,^-v~os""r Co,J~&-IDN ON 11:,~A f:.e~t/~ '"'to .&tL ~ ~ lk~~ (r~ AS ~~ S<...v,"- P~Nf, t-JtW ~~J,JG- WIl-L- l~\Jl- ~~P@ ~VrrnoNS ~t{ ~A/-b~. ~({!-;rf'u~ ~. r ,t July 18, 2008 RE 1104 S, 5th Street Dear Planning Commission: The requested variance is for a 0' street-side yard setback and an 11' rear yard setback for a new garage to be placed in the location of the existing garage with an attached breezeway, Please see attached documentation, Sincerely, Keith ~~ ~k~ Rybog Construction fA KC~t,/ +t f s: -;;<)3 _____M~_3 .~C.: -, (7 ,/, )---Dl, ,+[)'/(:C: ._-'>/ /) . \ _L.).~/_L~2_Lrt; _'23------!2...:-(~( iL I c::L /l{v\IKS /-I- '5 A--b D n----/ 0 Ai [) C R..:':'Vi Rll\\' R]II'X Vicirllty Map o -- Scale In Feet 35 l~lt.f~~~:@rfE~:\~" ',,",I'<!c,';hl< I~, >"1 ;~""cu,."J.. ~""'c-t ',,"'.,hi"'l''><> Coy~lt' ~""'r,..y, ')'10;;' p~""" ("~ \ I 'lO.6ll1 ~ ~^I ~I !~l V'I J ! I I i (' I ; :~ !. ;1 1 II I f! t ,i [ ,~ I ~~ i~ ~ ~ \ I I I I i -;f\, ~ c" ~ 0: C. ~ CY j! -'0\ I , C7 o ~ T- uJ - - ~2 47~ .~ ~ 11 j : ! J i - f-.-, !\7' ,>" f~ fer Il~ = , I~ It If I I I J 1 I l , , , ! I I ,. ,,' ! 1 i- I .. 1 f ' I i f I I ! i t ! I ,\ J t ~ ,~ I- t- 10 i-t:. [0\ :1---\.. +. tl'- 1:1 V' Iw '~ 2:.. q:- " 2: ~ ~ ~ ~ ~ ~ - ~ ~ Oversized Drawing out for Scanning A copy of this drawing may be viewed in the Community Development Department at the Stillwater City Hall during normal business hours ( ./ Iwater A C r Of "iNNES01^ ') ---. ,.~~ PLANNING REPORT DATE: August 8,2008 CASE NO.: 08-37 APPLICANT: Mark Balay REQUEST: 1) Special Use Permit for Dairy Queen Restaurant 2) Parking Variance LOCATION: 104 South Main ZONING: CBD, Central Business District PUBLIC HEARING:August 11, 2008 PREPARED BY: Bill Turnblad, Community Development Director ~T: BACKGROUND The Dairy Queen restaurant (DQ) lost its lease in Stillwater's West Business Park area and would like to relocate to 104 South Main Street. This is the site of the former St. Croix Rexall Drug Store. Restaurants, with the exception of "drive-in restaurants", are allowed downtown by Special Use Permit. The proposed restaurant would not have a drive-in. SPECIFIC REQUEST Mark Balay, on behalf of the owners, has made application for a Special Use Permit to operate a restaurant downtown. In addition, a parking variance is being requested. EVALUATION OF REQUEST Special Use Permit Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the Planning Commission finds that: (1) The proposed use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. DQ SUP and Variance Page 2 of3 Zoning Ordinance Parking - DQ is planning to operate a 3,278 square foot restaurant. At the rate of one parking space for each 120 square feet of space, the use would need 27 parking spaces, The most recent use of the space was retail, which required one parking space for each 200 square feet of space, or 16 spaces. Therefore the proposed change in use will generate the potential need for 11 more spaces. Since the required spaces cannot be provided on site, a variance has been requested and is discussed below. Comprehensive Plan The Local Economy chapter of the City's Comprehensive Plan (Page 7-4) "encourages small locally owned business particularly in the downtown". Since interstate commerce laws are clear that Cities may not prohibit "chain" stores or "franchises", most Cities whose goal it is to encourage local business find ways to discourage but not prohibit these stores. Stillwater's approach has been to include language in the Downtown Design Manual (Page 7) stating "trademark buildings are prohibited" . Focusing on architectural compatibility with our historic downtown is legitimate, while at the same time it discourages franchises that insist on their incompatible trademarks. Since Dairy Queen will use existing historic building space the proposed restaurant improvements are consistent with the Comprehensive Plan. (2) Any additional conditions necessary for the public interest have been imposed. Architectural design - Exterior changes are proposed, but only the entryway is critical to the restaurant. A design review application has been submitted to the Heritage Preservation Commission to review the proposed changes. The current angled entryway is proposed to be enlarged to accommodate a walk-up window. All customer cueing for the window would occur within the new entry. What is critical is that no cueing would occur on the sidewalks. Miscellaneous . Plans will need to be approved by the fire and building officials. . All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission or Heritage Preservation Commission for review and approval. . No outdoor seating shall be permitted on Main Street or Chestnut Street. (3) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. . Staff finds this criterion to be satisfied. Variance As mentioned above, the proposed DQ restaurant would need 27 parking spaces to meet the Zoning Code regulation. However, the building within which DQ would relocate has no on- site parking. Consequently a variance from the parking requirement has been requested. It has become common in the downtown zoning district to view the re-use of existing space as grounds for satisfying the "hardship" criteria for variance requests. Obviously, the existing set of circumstances prevents the new business from creating the required number of on-site parking spaces. It is for situations such as these that Section 31-510, Subd. 1 (d)(l)i of the DQ SUP and Variance Page 3 of3 Zoning Ordinance was written. It allows for "alternative provisions" when the property being considered is in a parking district. The City has established a downtown parking district, which would allow for such" alternative provisions". Only in new construction has the City aggressively required the construction of new parking spaces. About the only consistent /I alternative provision" that the City has applied under these circumstances is that the business owner would be required to purchase monthly parking permits for the DQ employees. This encourages the employees to park in lots that are a little further away from the business, allowing closer free parking to be used by customers. In keeping with past practices, staff finds the variance review criteria to be met and would recommend approval of the variance with the condition that business owner be required to buy montWy parking permits for all employees of the business. ALTERNATIVES The Planning Commission has the following options: 1. Approve the Special Use Permit and Variance with the following conditions: a. Plans shall be approved by the fire and building officials. b. The business owner shall purchase monthly parking permits for all employees of the business. c. All changes to the approved plan shall be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission or Heritage Preservation Commission for review and approval prior to issuance of any building permits. d. There shall be no outdoor seating on Main Street or Chestnut Street. e. All proposed signage shall be reviewed and approved by the Heritage Preservation Commission. 2. Deny the Special Use Permit and Variance. If the Planning Commission decides to deny the requests, findings of fact substantiating the denial must be provided. 3. Table the requests for additional information. RECOMMENDATION City staff recommends approval with the conditions presented above. Attachments: Location map Layout map cc: Mark Balay City of Location Map OQ Special Use Permit \ \ \ \ \ \ \ \ \ \ \ \ \ \ _--\ \ \ \ \ \ ~--..- - ..- -, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \....-,- - ..- ..- - -- ~\"- SlDE\JALK [ ]) (Q~ ([ [J) ([]=[J) pi I 0 [ ]) (Q OJ (\- D([] ,t] = [ 1) ~~ ccCb ,- D 2::- 1> - [~ - \ [ 1) "Z~ o\) 0 <: [ 1) r---- .c.... ~I ~ D ~ 0 D (Q~]) U I ([] ~ ([] [J) = n n n gcpU o ([] D - (Q~U ([] D ([] 0 ICIID iQ I w LJ I I FREEZER Me>ns ~ .-- CII1.lR LJ I~ I~ l.....- I \/one-ns -:C l IIItME I DN il l /' 2 d o Planning Commission DATE: August 7, 2008 CASE NO.: 08-38 APPLICANT: Heidi Presslein and Heidi Jo Knudson REQUEST: Special Use Permit for a Type III Home Occupation in order to operate an in-home message therapy business and an in-home mental health therapy services business LOCATION: 101715t St S COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential PC DATE: August 11, 2008 REVIEWERS: Community Dev. Director Michel Pogge, City Planner ,4 PREPARED BY: DISCUSSION The applicants are requesting a special use permit for an in-home message therapy business and an in-home mental health therapy services business. Both businesses will be operated from the home at 10171st St S. These types of businesses, with clients visiting the home, require a type III home occupation permit. A type III home occupation permit is permitted in the RB, Two Family Residential zoning district with a special use permit. EVALUATION OF REQUEST A special use permit for a type II home occupation may be granted only when all of the following conditions are found: 1. No outside storage or display of products, equipment or merchandise is permitted. The applicants have indicated that there will be no outdoor sales or storage. 2. Any retail sales must be accessory or incidental to the primary residential use. The applicants have indicated that the retail sales will be accessory to the home occupation and an incidental use of the residential property. 3. Infrequent hobby, craft or art sales are permitted twice a year for not more than six (6) days per calendar year. The applicants have indicated that there will be no hobby sales on the site. 10171st St S Page 2 4. Any sign must be unlighted and smaller than two (2) square feet. The applicants have indicated that if there is a sign then it will be less than 2 square feet. 5. Customers are permitted by appointment only. The applicants have indicated that the customers will be by appointment only. 6. Not more than twenty percent (20%) of the total gross floor area of the dwelling unit may be used for the Home Occupation or four hundred square feet, whichever is less. The applicants have indicated that the businesses will occupy two rooms in the home and will occupy 228 square feet. The home is approximately 2504 square feet. The area being used for the home occupations meets the size requirements of the code. 7. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors. The applicants have indicated that the use will not cause noise, fumes, vibration, or electrical inference. 8. Business hours are limited from 7:00 a.m. to 8:00 p.m.. The applicants have indicated that the business hours will be between 7:00 AM and 8:00 PM 9. Off street parking must be provided for customers. Off-street parking is available in the driveway. 10. No more traffic which is allowed other than in a normal residential area. The applicants have indicated they believe traffic will not be elevated beyond normal traffic levels that exist in the neighborhood today. 11. No more than one (1) nonresident employee is allowed. The applicants have indicated that there will be no nomesident employees on the site. 12. Type III Home Occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Zoning Administrator the complaints are substantial, a public hearing must be held, at which time additional conditions may be added to this Special Use Permit or in the alternative, the Type III Home Occupation Permit may be revoked. The applicants have indicated that they understands that the permit is subject to review if there are complaints. FINDINGS The proposed use meets the code requirements and will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the zoning ordinance. 10171st St S Page 3 ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested Special Use Permit for a Type 3 Home Occupation Permit. Staff would suggest the following conditions for approval: a. No outside storage or display of products, equipment or merchandise is permitted. b. Any retail sales must be accessory or incidental to the primary residential use. e. There shall be no hobby, craft or art sales on the property. d. Any sign must be unlighted and smaller than two (2) square feet. e. Customers are permitted by appointment only. f. Not more than twenty percent (20 %) of the total gross floor area of the dwelling unit may be used for the Home Occupation or four hundred square feet, whichever is less. g. No activity or equipment may be used that creates noise, vibration, glare, fumes, odor, or electric or television interference is permitted if it is detectable by adjacent neighbors. h. Business hours are limited from 7:00 a.m. to 8:00 p.m.. 1. Off street parking must be provided for customers. J. No more traffic which is allowed other than in a normal residential area. k. No more than one (1) nonresident employee is allowed. 1. Type III Home Occupations are subject to review upon complaints from the neighborhood. If in the opinion of the Zoning Administrator the complaints are substantial, a public hearing must be held, at which time additional conditions may be added to this Special Use Permit or in the alternative, the Type III Home Occupation Permit may be revoked. 2. Deny the requested Special Use Permit. A denial needs to be accompanied by substantive findings of fact. 3. Continue the public hearing until the September 11, 2008 Planning Commission meeting. The 60 day decision deadline for the request is September 16, 2008. RECOMMENDATION Approve the request as conditioned. Attachments: Applicant's Form, Site Plan, and letter. ,. PLANNING ADMINISTRATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED *" Special/Conditional Use Permit Variance Resubdivision __ Subdivision* ~_Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance The fees for requested action are attached to this application. *An escrow fee is also required to offset the costs of attorney and engineering fees. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property ofthe City of Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan is required with applications. Any incomplete application or supporting material wiIJ delay the application process. Address of Project 10 I, S' \ <J' s+. PROPERTY IDENTIFICATION Assessor's Parcel No. 3'3o?Oz-ollOI~S- - ~. 1 . ,(GEO Code) I') ~" lle} 6Io~\c- llP) t,VuM~, \l} ~\<so>n Zoning District llJ) Description of Project Lo+S <t (")l~",\-~s Ad-I>. +t> 'S4\HV0~ "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used. .. Property Owner t\cidi Y~k:,I) i t.kidi ~ ~w!5Dl'") Representative ~ ~ \' - Mailing Address \ () II '5, \ ~ St. Mailing Address______ City - State - Zip St)1\ w~kv M\J SSOB2 City - State _ Zip____ , Telephone No. &14 Signature Signatu (Signature is required) Lot Size (dimensions) 1.0. x ~ Land Area I~\SO S~. t. Height of Buildings: Stories Principal 2- Accessory \ SITE AND PROJECT DESCRIPTION _ Total Building floor area 2, ') D "f_ square feet Existing 2,1301 square feet Feet Proposed 2', S.0'1 square feet Paved Imperviou's Area squar~ feet No. of off-street parking spaces t..t Project Location/Legal Description: " , Lots 15 and 16, Block 16, Churchill, Nelson & Slaughter's Addition to Stillwater History... Extraordinary Journeys' Center has operated in Stillwater for the past 16 years in the Rexall Drug Store building downtown. Heidi .10 Knudson is the owner of Extraordinary Journeys' Center. Extraordinary Journeys' Center offers massage therapy services to its clients, Totems, Inc. has been co-located within Extraordinary Journeys' Center for the past 7 years in downtown Stillwater. Heidi M. Presslein is the owner of Totems, Inc. Totems, Inc. offers mental health therapy to its clients. The Rexall Drug Store building in downtown Stillwater has recently been sold. Subd. 3. Type III home occupations w'e allowed only in the RB ad CTHR zoning districts if a special use permit is first granted Action Desired... Heidi .10 Knudson and Heidi M. Presslein would like to move their businesses to their home at 1017 South First Street in Stillwater which they have owned since 1997. We are asking for a special/conditional use permit to operate our businesses from our home location, How we will meet the Type III HOlne Occupation Permit Conditions.... (1) There will be no storage or display of products, equipment, or merchandise, (2) There will be no retail sales not accessory or incidental to the primary residential use. (3) There will be no hobby, craft or art sales occurring. (4) Signage will be unlit and smaller than two square feet, (5) Customers/clients will be by appointment only. (6) The floor area utilized for the business will be less than 20 percent of the total gross floor area. (7) No activity or equipment will be used that creates noise, vibration, glare, fumes, odor, or electric or television interference which would be detectable by an adjacent neighbor, (8) Business hours will be linlited within 7:00 am to 8:00 pm. e 9) Off-street parking will be provided for the customers. Our driveway currently allows for three vehicles simultaneously. (10) Traffic would not be elevated beyond normal within our neighborhood. (11) No more than one nonresident employee would be employed or utilized, We have no employees at this time. (12) We have talked with our home-owner neighbors regarding our idea on this matter. They are at this time in support of our plan, Our Plan... IN e will utilize two rooms in our home on the second level to operate the business. There is a separate entrance to our upstairs with indoor stairs and a separate bathroom for customers as needed, The rooms are: Room 1: 10' x 14' 140 sq, ft, Room 2: 11' X 8' 88 sq. ft. 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Th4 InproveMenl lOCollon and dln.nllonl shown are apprOXIMOl1I and bOled upon 0 vIsual In,peCtlo' 1 Planning Commission DATE: August 7, 2008 CASE NO.: 08-39 APPLICANT: City of Stillwater REQUEST: A zoning text amendment to allow for longer permit time for phased developments. PC DATE: August 11, 2008 REVIEWERS: Community Dev. Director and City Attorney Michel Pogge, City Planner ~ PREPARED BY: DISCUSSION As the Commission is aware Lakeview Hospital is in the process of studying options for future growth over the next 30 years at their current Churchill and Greeley site. The two options they have been studying are either to remain in the current location and regenerate the facility on the site, or to relocate the hospital to a site with more acreage and growth opportunities. The hospital board has decided that they want to keep the hospital where it is, even though the site presents growth challenges. One of these issues is related to the length of time a development permit remains valid in the City of Stillwater. City Code Section 31-204 Subd 6. (a) (1) currently states: "Each approved permit will expire and become null and void 24 months after the date on which it is approved unless the action permitted has been completed. A lesser time may be specified as a condition of project approva1." As it stands, currently all variances, SUPs, PUDs, etc. expire two years after approval "unless the action permitted has been completed." This code section has been interpreted in various ways in the past. In this specific case, this language could be interpreted to mean that the construction for the first phase has to be completed within two years; or that construction for all phases has to be completed within two years. It makes more sense to interpret the language for phased projects to mean that the first phase has to be completed within two years, and that each subsequent phase would occur according to the phasing schedule, Ultimately, it is difficult for the hospital to justify a multi- million dollar improvement to their existing campus with no level of comfort that in 5 to 10 years from now they would be permitted to continue to make improvement at the site. To make the phrase clearer, staff would suggest an ordinance amendment. The ordinance amendment could allow for a longer time period to complete a project when it is accompanied A zoning text amendment to allow for longer permit time for phased developments Page 2 with a phasing plan. This would allow the city to tie the conditions of a zoning permit to a phasing plan when a project would exceed two years. Staff proposes the following language to address this (change is highlighted): Section 31-204. Generally. Subd. 6. Permit life cycle. (a) Life of permits shall be as follows: (1) Each approved permit will expire and become null and void 24 months after the date on which it is approved unless the action permitted has been completed. A lesser time ma be specified as a condition of ro' ect a roval. (2) An approved permit applies to the subject property and runs with the land except when, because of the nature of the use, a condition of approval requires that ownership or management is critical to the allowed use. (3) An approved permit is transferable to any future owner of the property subject to conditions of approval. (4) Any conditional or special use permit shall expire and become void where the use has ceased for six consecutive months whether or not it is the intent of the permit holder to abandon the use. (b) Extension of permits. A permit may be extended for an additional period not to exceed one year by the board or official that approved the permit. (c) Revocation of permit. Where the conditions of approval of a permit have not been met or followed, the city council must give notice to the permittee. The notice must specify a reasonable period of time within which to perform the conditions and correct the violation. If the permittee fails to comply with the conditions or correct the violation within the time allowed, notice must be given to the permittee of intention to revoke the permit at a hearing to be held not less than ten calendar days after the date of the notice. Following the hearing and if good cause exists, the city council may revoke the permit. AL TERNATIVES The Planning Commission has the following options: 1, Recommend City Council approve the proposed zoning text amendment to allow for longer permit time for phased developments, 2. Recommend City Council deny the proposed zoning text amendment to allow for longer permit time for phased developments. 3. Continue the public hearing until the September 11, 2008 Planning Commission meeting. RECOMMENDATION Approve the request as conditioned. t' PLANNING ADMINISTRATION APPLICATION FORM Case No: Date Filed: Fee Paid: Receipt No.: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 ACTION REQUESTED Special/Conditional Use Permit Variance Resubdivision Subdivision * Comprehensive Plan Amendment* )( Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc,) submitted with application becomes the propertyofthe Cityof Stillwater. Sixteen (16) copies of supporting material is required. If application is submitted to the City Council, twelve (12) copies of supporting material is required. A site plan showing drainage and setbacks is required with applications. Any incomplete application or supporting material will delay the application process. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project Assessor's Parce.1 No. /! j ~111J "j, Ltc ~. ,/'I (tJEQ Co~) Description of Project (/'--J}Uf1,fL Jvr tl"L ~ _~ Zoning District G~~5 "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Property Owner Representative '$/U- ---r;;eH BL4.t) Mailing Address Mailing Address City - State - Zip City - State - Zip Telephone No. Signature Telephone No, Tsignature (Signature is required) (Signature I SITE AND PROJECT DESCRIPTION Lot Size (dimensions) _ x_ Land Area Height of Buildings: Stories Principal Accessory Feet Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area _ square feet No. of off-street parking spaces H :\lllrn'Ill.",\shpile\PI MJAPP. FR ~1 June 9. 2006