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Home My WebLink About2009-09-12 CPC Packet2. APPROVAL OF August 10, 2009 MINUTES THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING MONDAY, September 14, 2009 The City of Stillwater Planning Commission will meet on Monday, September 14, 2009, at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 1. CALL TO ORDER 3. OPEN FORUM The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Commission may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less 4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 4.01 Case No. 09 -34. A special use permit request for a single person salon in a residence located at 1112 Myrtle St W , in the RB, Two Family Residential District. Beau and Karen Leslie, applicants. 4.02 Case No. 09 -35. A variance request to the front yard setback for the construction of a porch located at 506 Laurel St W in the RB, Two Family Residential District. Timothy and Julie Schmolke, applicants. 4.03 Case No. 09 -36. Final plat and final PUD approval for 13 single family lots and 14 townhouse lots for Millbrook 4 Addition. US Home Corporation, Joe Jablonski, applicant. 4.04 Case No. 09 -37. A special use permit for an accessory dwelling unit located at 315 Olive Street West in the RB, Two Family Residential District. Mark Balay Architects, representing Jeff Anderson and Greg Stokes, applicant. 4.05 Case No. 09 -38. A special use permit amendment for an 88 unit senior care facility located at 12525 75 St N the RB, Two Family residential District. Greg Johnson, applicant. 5. OTHER BUSINESL HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651 - 430 -8800 • WEBSITE: www.ci.stillwater.mn.us City of Stillwater Planning Commission August 10, 2009 Staff present: Planner Mike Pogge Absent: Dan Kalmon Call to order: Mr. Middleton called the meeting to order at 7 p.m. OPEN FORUM There were no comments from the public. Present: Dave Middleton, chairperson, Suzanne Block, Mike Dahlquist, Robert Gag, Mike Kocon, John Malsam, Scott Spisak and Charles Wolden Approval of minutes: Mr. Dahlquist, seconded by Mr. Spisak, moved approval of the minutes of July 13, 2009. Motion passed 6 -0, with Mr. Kocon and Mr. Malsam abstaining. PUBLIC HEARINGS Case No. 09 -33 A variance request for construction of two porches and an addition at 223 Pine St. W. in the RB, Two Family Residential District. Richard Van Horne, applicant. The applicants were present. Mr. Pogge reviewed the request and staff findings. Mr. Pogge explained variances are required both to expand a non - conforming structure and variances to the required side yard setbacks for the proposed porches. Mr. Pogge noted the addition will meet required setbacks. He stated staff finds that the request to expand the structure meets all three criteria required for the granting of a variance. Regarding the variances for the porches, Mr. Pogge stated there is evidence that there were covered porches on the original home and staff believes the overriding goal of renovating /restoring historic structures would favor the granting of the variances for the porches. Mr. Pogge concluded that staff recommends approval of the variances with the two listed conditions. The applicant stated they purchased the home with the intention of restoring and enhancing the original architecture. Mr. Wolden asked about future plans for the garage and whether there would be exterior stairs. Mr. Pogge stated this lot is not large enough (10,000 square feet required in an RB District) to accommodate a garage with an accessory dwelling unit, and, if it were, generally it is required there be internal stairs. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Kocon said he was looking forward to having this home restored and moved approval as conditioned. Ms. Block also expressed her pleasure at having an historic home restored and seconded the motion. Motion passed unanimously. OTHER BUSINESS There was no other business on the agenda. Ms. Block, seconded by Mr. Kocon, moved to adjourn at 7:12 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 1 Respectfully submitted, Sharon Baker Recording Secretary City of Stillwater Planning Commission August 10, 2009 Present: Dave Middleton, chairperson, Suzanne Block, Mike Dahlquist, Robert Gag, Mike Kocon, John Malsam, Scott Spisak and Charles Wolden Staff present: Planner Mike Pogge Absent: Dan Kalmon Call to order: Mr. Middleton called the meeting to order at 7 p.m. Approval of minutes: Mr. Dahlquist, seconded by Mr. Spisak, moved approval of the minutes of July 13, 2009. Motion passed 6 -0, with Mr. Kocon and Mr. Malsam abstaining. OPEN FORUM There were no comments from the public. PUBLIC HEARINGS Case No. 09 -33 A variance request for construction of two porches and an addition at 223 Pine St. W. in the RB, Two Family Residential District. Richard Van Horne, applicant. The applicants were present. Mr. Pogge reviewed the request and staff findings. Mr. Pogge explained variances are required both to expand a non - conforming structure and variances to the required side yard setbacks for the proposed porches. Mr. Pogge noted the addition will meet required setbacks. He stated staff finds that the request to expand the structure meets all three criteria required for the granting of a variance. Regarding the variances for the porches, Mr. Pogge stated there is evidence that there were covered porches on the original home and staff believes the overriding goal of renovating /restoring historic structures would favor the granting of the variances for the porches. Mr. Pogge concluded that staff recommends approval of the variances with the two listed conditions. The applicant stated they purchased the home with the intention of restoring and enhancing the original architecture. Mr. Wolden asked about future plans for the garage and whether there would be exterior stairs. Mr. Pogge stated this lot is not large enough (10,000 square feet required in an RB District) to accommodate a garage with an accessory dwelling unit, and, if it were, generally it is required there be internal stairs. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Kocon said he was looking forward to having this home restored and moved approval as conditioned. Ms. Block also expressed her pleasure at having an historic home restored and seconded the motion. Motion passed unanimously. OTHER BUSINESS There was no other business on the agenda. Ms. Block, seconded by Mr. Kocon, moved to adjourn at 7:12 p.m. Motion passed unanimously. 1 DATE: September 11, 2009 APPLICANT: Beau & Karen Leslie Planning Commission CASE NO.: 09 -34 REQUEST: Special Use Permit for a Type III Home Occupation in order to operate an in -home therapy business. LOCATION: 1112 Myrtle St W COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential PC DATE: September 14, 2009 REVIEWERS: Community Dev. Director PREPARED BY: Michel Pogge, City Planner M The applicant is requesting a special use permit for an in -home single chair salon. The business will be operated from the home at 1112 Myrtle St W. Clients will be on site for haircuts and other salon services. 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 III 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 verbally 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 and will include shampoo, conditioner, and styling products. 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 verbally indicated that this type of retail sales is not needed. 111 Myrtle 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 any sign would comply with this requirement. 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 submitted plans for the home which indicated that the businesses will occupy one room with the occasional use of the bathroom. The total area for the salon use is 164 sq ft and is less than 20 percent of the overall home. 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 no special equipment will be used that 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 all appointments will be between 9 AM and 2 PM on Tuesday, 3 PM to 8 PM on Wednesday, and one Saturday per month 9:30 AM to 12 PM. 9. Off street parking must be provided for customers. One 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. 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 will be required to sign the zoning use permit indicating that she understands and agrees to this term. 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. 111 Myrtle 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 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.. i. 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 October 12, 2009 Planning Commission meeting. The 60 day decision deadline for the request is October 18, 2009. RECOMMENDATION Approve the request as conditioned. Attachments: Applicant's Form, Site Plan, applicant's letter and letter from neighboring property owner Sept. 8, 2009 My name is Linda Saveland and I live at 106 Sherburne St. North. I will be unable to attend the Planning Commission meeting on Sept. 14 re: the special use permit request for a single peson salon at 1112 Myrtle St. W. The Leslies are wonderful neighbors. However, I am opposed to any kind of business permit being granted in a residential neighborhood. Our neighborhood has deteriorated greatly due to all of the traffic and noise. Issuing this permit would set a precedent for more business in our residential neighborhood. Parking on Myrtle St. is hazardous and customers to a business would probably choose to park on the side streets .and that would include the space in front of my house and along Sherburne St. Also, the rental property on the corner of Sherburne and Myrtle always draws a lot of traffic. Therefore, I am submitting my opposition to this special use permit. Thank you. Linda Saveland RECEIVED SEP 1 0 2009 COMMUNITY R ME OPMENT r PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No: Date Filed: Fee Paid: Receipt No.: 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 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 Address of Project 111Z (/' j , MYR T L-E f Assessor's Parcel No. c2g O J (GEO Code) O�O aZ 7 Zoning District //�� Description of Project (•,or v/ e ?- c±_ c, into a sr C.e p-e r snr SO,J O n "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/3F74( L3L Representative Mailing Address i r 12 i /U.. ) y v -t k. a. City - State - I d Vj (f I M 1V 5 - Telephone No. 1067 yi?6'- 3 / Signatur � � i / , ,l_/ � y ,, Lot Size (dimensions) x Land Area Height of Buildings: Stories Principal Accessory H: \mcnamara \sheila \PLANAPP.FRM April 9, 2008 Feet Mailing Address City - State - Zip Telephone No. Signature (Signature is required) (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No. of off - street parking spaces 0 Karen Leslie 1112 West Myrtle Street Stillwater, MN 55082 651- 324 -9256 To Whom it may concern, I have my managers license and have been a cosmetologist for the past ten years, and I now want to be my own boss. My daughter will be entering school this year and I want as much flexibility as I need to be able to volunteer and go on field trips with her, etc. With that being said, my hopes are that you will grant the request to convert a part of my basement into a salon in which only myself will work. There will be no walk -in appointments, only scheduled clients will be seen on Tuesdays from 9:30 a.m. - 2:00 p.m., Wednesdays from 3:00 p.m. - 8:00 p.m., and one Saturday per month from 9:30 a.m. - 12:00 p.m. I have 134 square feet of total work space. There is one onsite bathroom that is just off of my work area in which the door will be closed at all times, which state regulations require. In addition to the above, I have a storage area, also just off of my work space that will hold all of my supplies and it is not accessible to the public. There is one parking space off of the street and it's dimensions are 10 ft. x 20 ft. The only retail sales will be materials relevant to my business, such as, shampoo, conditioner, and styling products. There is nothing with my occupation that will be of any nuisance to my neighbors such as, loud noises or vibrations, odors, or any interference of any kind. There will be no outside display of product or equipment. We will arrange for a small sign to be compliant with the requirements specified, unlighted and no more than two sq. ft. in size. I have two entrances /exits. The one that will be the primary used one is off of the side of our house and is separated from the rest of the house and it leads directly to the salon area. The other is just off of the lower level and goes to the garage. Attached please find a drawing, detailing the salon area and showing the outside entrance and adjoining restroom at 1112 West Myrtle Street in Stillwater. Sincer- ly, Karen Leslie NAME OF SALON Salon Floor Plan (can submit blue prints or formal drawinel Total Floor Space (from salon floor plan below) (2lt2 square feet Total Reductions (from calculation at right) ' V square feet Total Work Space (Total FloorSpace) minus (Total Reductions) = _ square feet Calculate any Reception, Restroom and Supply areas which are part of the salon floor space: Reception Area = 1 L I square feet Restroom Area = y{ square feet Supply Area = <� squarefeet Total Reductions = 902._ square feet Prepare a diagram of the salon floor plan, using the Sample Floor Plan and the Code Letters attached. Each square below equals five square feet. If your salon is larger than 50 feet by 50 feet, attach additional pages to show complete floor plan. v i J Res 464c.e. 14 8 ' Re t'«ovi m., ( I I I I ) Gitrl Of t 1 1 DATE: September 11, 2009 APPLICANT: Timothy and Julia Schmolke Planning Commission CASE NO.: 09 -35 REQUEST: A 3 foot variance to the required 20 foot front yard setback for the construction of a porch LOCATION: 506 Laurel St W COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family Residential PC DATE: September 14, 2009 REVIEWERS: Community Dev. Director t o PREPARED BY: Michel Pogge, City Planner DISCUSSION Property owners Timothy and Julia Schmolke are in the process of renovating their property at 506 Laurel St W. As part of the work they are planning to add a front porch and family room to the existing home. The addition is on the west side of the home and will front onto Laurel St W. The original home was constructed in 1885. The home was placed 23 feet from the front property line. The new porch is proposed to extend six feet off of the front of the home which will cause a 3 foot encroachment into the required front yard setback. SPECIFIC REQUEST In order to allow for the Schmolke's to proceed with this project, they need approval of a variance from City Code Section 31 -308 (b)(1) which requires a 20 foot front yard setback (17 feet requested). In this case, the applicant is requesting approval to encroach 3 feet into the required front yard setback in order to construct the porch. 506 Laurel St W Page 2 EVALUATION OF REQUEST A variance may be granted only when all of the following conditions are found: 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 property at 506 Laurel St W is a rectangular 85' by 135' lot. The original home was constructed in 1885 and is a location on the property was done prior to the property owner's purchase of the property. The location of the home is a condition that was not created by an act of the property owner. 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 RB, two - family residential, which allows single family and two - family uses. With the addition of the porch and family room the lot will meet the maximum lot coverage requirements as set out in the code. Therefore, staff believes the front and side setback requests and lot size variance are acceptable. 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 proposed changes do not have any negative impact on any of the surrounding properties. In fact, the homes on either side of this home sit closer to the property line that what the applicant is proposing. 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. FINDINGS 1. There is a hardship peculiar to the property not created by the property owner. 2. That the proposed variances are 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 not constitute a special privilege of the recipient not enjoyed by his neighbors. 3. That the authorizing of the variance should not be of substantial detriment to adjacent property. 506 Laurel St W Page 3 ALTERNATIVES The Planning Commission has the following options: 1. Approve the requested variance to encroach 3 feet into the required front yard setback. With an approval staff would recommend conditions of approval listed below. 2. Deny the requested variance to encroach 3 feet into the required front yard setback. 3. Continue the public hearing until the October 19, 2009 Planning Commission meeting. The 60 -day decision deadline for the request is October 12, 2009; however, staff can extend it an additional 60 days if necessary. CONDITIONS FOR APPROVAL If the Commission chooses to approve the project, staff would recommend the following conditions of approval: 1. All revisions to the approved plan shall be reviewed and approved by the Planning Commission. 2. The variances to encroach into the required front yard setback shall be limited to the porches shown on the site plan dated August 17, 2009 as on file in the Community Development Department. RECOMMENDATION Review and take an action Attachments: Applicant's Form, Site Plan, and exterior elevations. PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 *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. Address of Project \1C) Zoning District RE "1 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. 1 further certify I will comply with the permit if it is granted and used." Property Owner -sk\A `I AO\ t a \ I\ I \V r epresentative Mailing Address \ L, 0 , \--,(x. \•) _\ 4 , Mailing Address City - State - Zip � 1 Li (1,; c°, 10 ''',5_,C43,4,. City - State - Zip Telepho No. C(5 / (- `t , �v Telephone No. Signature �� (� Signature Lot Size (dimensions Land Area Height of Building Principal Accessory (Sig nasure is equired)t,-./;. .r..,J! �J (Signature is required) G - 6 sal 1 /SITE AND PROJECT DESCRIPTION H : \mcnamara \sheila \PLA[JAPP.FRN1 L ivo A c Assessor's Parcel No,( Description of Project x � C 5 St ( April 9, 2003 Feet mil > t L'' PROPERTY IDENTIFICATION ACTION REQUESTED Special /Conditional Use Permit x Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment L(c g(vfoo Cvt ( Code Case No: Date Filed: Fee Paid: Receipt No.: Total Building flnnr area o `1 sc sre feet Existinc ,,j 7 square fet Proposed ) 5 7 square feet Paved Impervious Area -P square feet No. of off - street parking spaces _J i Location Map • • • f' Gzkoy- LA-0 NA S*. I I • • \ • • • • 1 -17 F \ .1 .7; QL, .. ,. _ . , • • • • I . I Si= : ■ • • • • • • • c/) R2IW R2UW RI9W 732N 1 1 T3IN VOUAfl HE 120N 729N 128N T27S R22W R2IW MOW Vicinity Map 0 39 Scale in Feet Thu dm, is rm. of a conolaben armi nmakElron of land rece. a. Nay NNW winnow ...pion Lowly offices TN*. Wad be use0 Ice refErancs pm.. pray Wash,. Ca.v0y nal rsepons. tor any naccurmas Soun. WEshoplon County SmEs Oince P hone (851100-.EE clatt based co ASICO entorenaten ▪ theauph Wry 31, MOE Map panto& .1.01,20. 506 W. Laurel St., Stillwater, MN 55082 Timothy and Julia Schmolke, owners Proposed family room addition and variance request for a front porch Front setback requirement - currently 20' Current set back - 23' Request variance to 17', in order to add a 6' front porch. The family room addition with front porch is designed to look as if it has always been a part of the original home. All the exterior siding will be 6 inch cedar siding, as was the original siding and the siding applied to our 1994 1 floor master bedroom addition. All 60's era metal siding will be removed and replaced. The interior woodwork and trim of the addition will match the size and richness of the woodwork and trim throughout the house. Keeping in character with the style of home in the neighborhood, the above mentioned variance is requested to the front setback for adding a porch. The front porch shown in the drawings matches exactly the depth and setback of porches on the houses to either side of our home. Having raised 7 children in this home, and now having most of them grown and living elsewhere, with the addition of this family room, it is our intent to make the home more comfortable for those times when our children, their spouses, and our grandchildren are all visiting. The front porch will add character and charm to the home and to the neighborhood, and will be frequently used. Respectfully submitted, Timothy and Julia Schmolke 506 W. Laurel St. H 651- 439 -8652 � ' | ` to'-ebt' 7 10 " 'VP-1 C-i'm Erf • willow street studio 1504 north first street cell 612.718.8854 stillwater, mn 55082 fax 651.551.0416 IG"oc.7 0 0 1 CL': lec 2>e 10 _ " r r. r FM! BACKGROUND II water . R T H P L A r . F O r M i N N {_ U; 4 Planning Commission DATE: September 11, 2009 REQUEST: Millbrook 4th Addition Final PUD and Final Plat APPLICANT: Joe Jabonski, U.S. Home Corporation LOCATION: State Highway 96 west of South Twin Lake MEETING DATE: September 14, 2009 REVIEWED BY: Community Development Director PREPARED BY: Michel Pogge, City Planne CASE NO.: 09 -36 The Preliminary Plat and Concept Planned Unit Development for Millbrook was approved by the City in the Summer of 2006. The 170 acre preliminary plat includes 172 single family homes and 98 townhomes. Development of the property is planned to occur in three overall phases. The application at hand is the first plat in Phase II. This plat is known as Millbrook 4th Addition and includes 16 townhome units and 13 CR (Cottage Residential) single family lots . White Pine Drive and public utilities will need to be installed to support this plat. Millbrook 4th Addition — Final Plat September 11, 2009 Page 2 REQUEST AND ANALYSIS The specific request before the City is to approve the Final Plat for MILLBROOK 4th ADDITION. The City Council adopted a resolution approving the preliminary plat and concept PUD permit for MILLBROOK on August 15, 2006. On April 17, 2007 the Council adopted a resolution approving an amendment to the preliminary plat and concept PUD permit as they apply to the townhome neighborhood in MILLBROOK. On July 28, 2009 the Council adopted a resolution approving an amendment to the preliminary plat and concept PUD permit as they apply to the single - family homes in MILLBROOK. Therefore, the final plat and final PUD permit for Millbrook 4th Addition are subject to the pertinent conditions of both resolutions of approval. They are detailed below. 1. August 15, 2006 Resolution Conditions. 1. The Final Plat and Final Planned Unit Development application shall be substantially similar to the following plans prepared by Sathre - Bergquist, Inc., and on file in the Community Development Department, except as modified herein: Site Plan dated 7/21/06 Phasing Plan dated 7/24/06 Buffer Averaging Plan (including trails) - 8 sheets dated 6/26/06 Preliminary Site Map* (Sheets SM2 - SM6) dated 1/17/06 Preliminary Plat (Sheets PP1 -7) dated 3/30/06 Final Grading Plan (Sheets GP2, 3, 4, 4A, 5, 6) dated 4/12/06 Final Utility Plan (Sheets 2 -5) dated 4/12/06 Preliminary Landscape Plan (Sheets 1 -4) dated 2/1/06 *Except trails to be as shown in Site Plan dated 7/21/06 The final plan submittals for MILLBROOK 4TH ADDITION are substantially similar to the approved preliminary plans. 2. The developer shall complete a Lakeshore PUD worksheet and submit it to the Minnesota Department of Natural Resource's (DNR) Area Hydrologist prior to submitting an application for a final plat for Phase One. If the DNR review results in substantial changes to the Preliminary Plat or Concept PUD plans, then the developer shall resubmit the Concept PUD and Preliminary Plat for review by the City and Joint Planning Board. This condition has been satisfied. 3. The trail and sidewalk system shall be constructed substantially the same as represented in the following plan sets on file with the Community Development Department: a. Carnelian Marine Trails - Revised (Sheets CM -1, 2, 3) dated 6 -21 -06 b. Brown's Creek Trail - Revision 3 (Sheet BC 2b -1) dated 6 -26 -06 c. Brown's Creek Trail - Revision 2 (Sheet BC 2 -2 + 2 -3) dated 6 -22 -06 d. Revised Sidewalk Plan (Sheets SP -1, 2,3) dated 6 -21 -06 Park and trail plans for MILLBROOK 4TH ADDITION are consistent with the approved preliminary plans. Millbrook 4th Addition — Final Plat September 11, 2009 Page 3 4. All trails shall be paved. A portion of trail will be constructed with this plat. Staff has worked the developer to compete a minor change to the trail plan which is attached as Exhibit "A ". This change needs to be made a condition of approval. 5. Prior to release of the final plat for Phase One, a blanket easement shall be provided over the open space outlot on the south side of South Twin Lake for trail purposes. Should the Carnelian- Marine Watershed District rules ever change and allow a trail closer to the lake, the easement will give the City the right to construct that trail. This condition has been satisfied. 6. Prior to release of the final plat for Phase One, the developer shall provide a 20 foot wide general easement allowing for future use for trails and utilities on the property along the south side of State Highway 96 right of way. The easement shall be reviewed by the City Engineer and City Attorr ey and found satisfactory to them in both form and content. This condition has been satisfied. 7. The trail connection to State Highway 96 along Outlot F shall be allowed as shown only if the wetland in the ditch is determined by a State licensed delineator to be an incidental wetland. If it is not an incidental WE tland, then the trail shall be realigned westward along the rear of Lots 17 through 19. Documentation from the delineator shall be submitted together with final plat application materials for the Phase One final plat. This portion of the trail is in a future p!at in Phase II, so the delineation will be submitted together with that plat. Therefore, this condition will not appear in the approval resolutions for this pla 8. Lots 129 and 149 adjacent to the trail access off of the roundabout will be restricted by covenant to have open rail fencing and non - continuous shrubbery not exceeding four feet in height along their side and rear lot lines abutting the trail corridor. This is to provide for a more inviting entrance to the trai [ system. This will need to be addressed in the covenants. 9. The Developer shall provide water service stubs at each park with three stubs to be included at the large active park. A sanitary sewer stub will be provided at the large active park at a place yet to be determined by tie City of Stillwater. This condition has been satisfied. Millbrook 4th Addition — Final Plat September 11, 2009 Page 4 10. The two active parks will be graded by the developer as part of the first phase of development and the developer shall establish turf to the satisfaction of the city prior to the City's assuming maintenance of same. This shall at a minimum include mowing, fertilizing, rock picking, leveling, trimming, weed management and over seeding as necessary. Target date for the first transfer of park land will be fall of 2007. Originally, both active park sites in Millbrook were planned to be transferred to the City in 2007; however, since the Millbrook project did not begin in 2006 as originally hoped by US Home Corporation, the 2007 transfer date is no longer valid. Additionally, due to the slow number of home sales the transfer was again delayed. Both active parks in Millbrook were substantially graded with the development of the first phase. The west third of the northern active park area is currently being used as a soil stockpiling area that will be used in the second phase of the development. In the Development Agreement for Millbrook Plat 3 the developer agreed to have the soil stockpile removed and establish the final grade for both of the parks by March 31, 2009. 11. The Brown's Creek trail link on the Millbrook property that connects to the Carlson property to the south shall be installed by the developer at the same time that the Carlson property trail is constructed, if prior to construction of the final phase in Millbrook. OK. 12. An as built easement map showing 30 foot easements where possible (minimum of 15 foot) for trails shall be completed and recorded as each section of trail is completed. OK. 13. Final civil engineering plans shall be found satisfactory to the Stillwater Public Works Director or they shall either be: a) revised to his satisfaction; or b) reviewed by the City Council and approved. The civil engineering plans have been reviewed by the Public Works Director and were found substantially satisfactory. There are a few minor changes that need to be made and staff expects will be addressed by the applicant's civil engineer shortly. 14. Prior to commencement of any grading on the subject property, the developer shall enter into a Development Agreement that is approved by the City Council. An addendum to the master development agreement for MILLBROOK was signed already for the first phase. Millbrook 4th Addition — Final Plat September 11, 2009 Page 5 2. April 17, 2007 Resolution Conditions 1. The Final Plat and Final Planned Unit Development Permit applications for the townhomes shall be substantially similar to the following plans on file in the Community Development Department, except as modified herein: Preliminary Plat Amendment (Sheet PP) dated 1/8/07 Preliminary Grading Plan (Sheet GP1) dated 1/12/07 Preliminary Utility Plan (Sheet UPI) dated 1/12/07 Preliminary Landscape Plan (Sheet LP1) dated 1/12/07 Colonial Foundation Planting Plan (Sheet L1) dated 6/8/06 Architectural elevations submitted with materials for 4/17/07 Council Meeting This condition is satisfied. 2. Any conditions applicable to the townhome development that are found in Resolution No. 2006 -179 (Resolution Approving Preliminary Plat and Concept PUD Permit) shall continue to be applicable. This condition is satisfied. 3. Evergreen trees shall be added to screen the driveways from the public streets and shall be added along the north side of White Pine Way between the street and the townhome pond. The landscape plan has been revised to include these plantings. 4. Three to four architectural elevations shall be developed for the ends of the units that face the public street and the pond. This condition is satisfied. 5. In order to reduce the mass of the units a variety of materials and colors shall be introduced into each building with variations amongst the buildings. This condition is satisfied. 6. Depending on the orientation of the building, sidewalks shall be extended from the ends of the units to either the sidewalk along the public street or to the sidewalk surrounding the pond. This has been included in the revised plans. 7. Material samples shall be submitted with the Final Plat and Final PUD Permit applications to be reviewed by the Heritage Preservation Commission. This condition is satisfied. 8. All minor modifications to the Design Review Permit shall be approved in advance by the Community Development Director. All major modifications shall be approved in advance by the HPC. Determination of the distinction between "major" and "minor" shall rest with the City Administrator. Augmented by foundation planting plan submitted together with materials for 4/17/07 City Council meeting Millbrook 4th Addition — Final Plat September 11, 2009 Page 6 July 28, 2009 Resolution Conditions 1. The Final Plat and Final Planned Unit Development application shall be substantially similar to the plans prepared by Sathre - Bergquist, Inc., and on file in the Community Development Department as listed in Stillwater City Council Resolution Number 2006 -179 except as amended by the revised concept sketch dated May 8, 2009. This condition is satisfied. 2. The developer shall complete a Lakeshore PUD worksheet and submit it to the Minnesota Department of Natural Resource's (DNR) Area Hydrologist prior to submitting an application for a final plat approval for the lots being revised with this amendment. If the DNR review results in substantial changes to the PUD Amendment, then the developer shall resubmit the PUD amendment or review by the City and Joint Planning Board. The applicant needs to submit evidence from the DNR that they have satisfied this condition. 3. The proposed traffic calming median in White Pine Way shall align with the proposed trail between Lots 7 and 8 on the north side of White Pine Way as shown on Area B. Additionally, the trail north of lots 7 and 8 on the north side of White Pine Way as shown on Area B shall be adjusted to remove the multiple 90- degree turns. This condition applies to an area not included in this plat. 4. Conditions 3 through 14 in Stillwater City Council Resolution Number 2006 -179 shall remain in effect with this PUD Amendment. This condition is satisfied as noted above. 5. Changes to the lots sizes are approved for Area A and C. The lot sizes for Area B shall remain unchanged. This condition applies to an area not included in this plat. 6. The new house plans shall only be used on the CR lots. This condition is satisfied. RECOMMENDATION Recommend City Council approve Millbrook 4th Addition Final Plat and Final PUD Site Plan subject to the following conditions: 1. The trail must follow the revised trail alignment shown on exhibit "A" 2. The applicant must submit evidence from the DNR that they have approved the PUD amendment. cc: Joe Jablonski § 32 -1 FPA STILLWATER CODE FINAL PLAT APPLICATION FEE PAID (1) APPLICANT ' r , / 04 ,1A, / _ /( R f s Name: k�/ 1 ( -t'�r.r it d'<�.4 —' ( �) '� I i ✓� Company: Address: _ ' City:_tu A 1 r t State: Artij Zip Code: c f gq/ Telephone: (W)f5I - 2. 1- ?otti(FAX) (H) (2) PROPERTY FEE OWNER Name: S H .,mss All Company: Address: City: State: Zip Code: Telephone: (W) (FAX) (H) (3) SURVEYOR Name: / �� C r..6 ,4 4, / 'f Company: cam'- 4I Ids°./ - 611 7 )i < 1.l ,cm Address: icO City: 4)4 -be m State: YA1 Zip Code: ‹c 371 Telephone: (W) (FAX) (H) c L `710 - &, CZry (4) Property location: Legal description: ✓ ///‘ ( Pt' (5) Name of development: Number of lots: Current land use: Proposed land use: Current zoning: Proposed zoning: /14t (/1:,./0-0 2� c- i)�t� .,∎ Anticipated project completion: (6) SUBMITTAL REQUIREMENTS: (Five copies and one reduced 8 inches x 11 inches) Final plat (F) Electronic FP Format Tree preservation and landscaping plan (TLP) Street and utility plan (SUP) Grading, drainage, stormwater and wetlands plan (GDSWP) Other information (OI) 8 -inch x 11 -inch transparency CD32:38 SUBDIVISION CODE OF THE CITY OF STILLWATER I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per city requirements. I understand that the application will be processed when it has been found to be complete and adequate by the community development director. § 32 -1 Property fee owner(s) signature(s): Applicant(s) signature(s): / Date: / O ° mi l PLEASE NOTE: If property fee owner is not the applicant, the applicant must provide written authorization by property fee owner in order to make application. (Ord. No. 837, 2- 18 -97) CD32:39 W / // / 0/ // C II II I II I I 11 11 1 1. 1 1 1 1 1 1 11 1 11 2••01 O UTL O T C GALL ND wXRE N 81 Exhibit "A "I PUBLIC PARK WAY END I END NOTE! Pa SPGI ':,7EB ELEVATIONS AT C 088810 ARE AT TOP BACK CURB GRADE GF 918.0 BF 910.3 RISER 3 908.] 8 9 S.AL' 910. 8 3 7 6 e B SATHRE - BERGQUIST, INC. P`'r,C KNOW ALL BY THESE PRESENTS: That U.S. Home Corporation, a Delaware corporation, fee owners of the following described property situated in the County of Washington, State of Minnesota to wit Outlot C, MILLBROOK and Outlot C, MILLBROOK 2ND ADDITION, according to the recorded plat thereof, Washington County, Minnesota. Has caused the same to be surveyed and platted as MILLBROOK 4TH ADDITION and does hereby dedicate the drainage and utility easements as shown on this plat. In witness whereof said U.S. Home Corporation, a Delaware corporation has caused these presents to be signed by its proper officer this day of , 2009. Signed: U.S. Home Corporation Jon Aune, Division Vice President STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2009 by Jon Aune, Division Vice President of U.S. Home Corporation, a Delaware corporation on behalf of the corporation. Notary Public, County, Minnesota My Commission Expires I hereby certify that I have surveyed and platted or directly supervised the survey and plat preparation of the property described on this plat as MILLBROOK 4TH ADDITION; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat that all monuments depicted on the plat have been or will be correctly set within one year as indicated on the plat that all water botmdaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subdivision 3 existing as of the date of this certification are shown and labeled on the plat; and that all public ways are shown and labeled on the plat Daniel L. Schu:'dt Licensed Land Survq"' Minnesota License No. 261+7 STATE OF MINNESOTA COUNTY OF The foregoing sn ,eyors certificate was acknowledged before me this day of , 2009, by Daniel L. S';,,midt, Licensed Land Surveyor, Minnesota License No. 26147. Notary Public, County, Minnesota My Commission Expires: MILLBROOK 4TH ADDITION STILLWATER, MINNESOTA This plat of MILLBROOK 4TH ADDITION was approved by the City Council of the City of Stillwater, Minnesota this 2009, and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd 2. Signed: CITY OF STILLWATER By: Mayor By: By: By: By: Planning Commission Chairman COUNTY SURVEYOR Washington County, Minnesota Pursuant to Chapter 820, Laws of Minnesota, 1971, this plat has been approved this Washington County Surveyor COUNTY RECORDER Washington County, Minnesota Document Number Washington County Recorder By: BY: Washington County Auditor/Treasurer Deputy Deputy Assistant County Surveyor By Clerk By: Planning Commission Secretary day of , 2009. day of COUNTY AUDITOR/CREASURER Washington County, Minnesota There are no delinquent taxes, the current taxes due and payable for the year 200_ have been paid, and transfer has been entered this ,2009. I hereby certify that this instrument was recorded in this office of the County Recorder for record on this o'clock _. M. and was duly recorded in Washington County Records. day of day of , 2009, at SHEET 1 OF' 2 SHEETS C '0. 1 147.03 4 �•�.� s 2O 515 °1 "E 458 .52 { 18 4.02 < <`i • SATHRE - BERGQUIST, INC. to O J 0 4 127.47 0 A A1 1 1 '�C),� . IVI 1 L.L.L1 3 io / eJ 3 3 0 >, S At 4 e 4 5 30 / o . 0 ' 1 / w r w / � r' o _ / • DCa 04S A Al l 1 E.) IVI I L -L. \ r \ s /\I ITI / \-/ V I L ..\-/ 1 (\ I ITI /\T \.J Li I L - \J 1 7n l r\ LI \I Li OUTLOT 18 2 : 27 OUTLOT 453,8 1 89 . 38 A r\r\ITI/ / — t Li LJI 1 I\J I '1 A SSgo3449. E 0 C , o N 5803 4'4 1"yy 1 r ' 1 \1 v S62 °55'24 "E 680.92 MILLBROOK 4TH ADDITION "8 °3 4 '4 " 1\ ` 3 t Dm 1 (_ 2.e 1339 o I 8 /N N o 0 1 '�" M i m N __75.91 _ j ��N. 98.29 N68 ° 18'06 "W 6 � ..,....._... / wet ..■ ` • N 0 7n N 0 0 O W \ ) i r- \134070\0\( �n1i II-rC' ��Ilnv[_ N v v (l 11 L_ = 9 573 ,°26'12 "E p = 8 °18'35" =18.8 LT; � 5 36 ° 10.32 -- L = 18.80 55 "W �� Cg'G� 5g0•p0-- C.B. =8.8 s D °3 g Rte ti 0 s o ° ,$ �3Q A 9. • / D�2 N � i -' 1 A W = / > - \o ry , v 0 n ■ co 1 < <� c j \ (, : rb.) 'CO c -IL) 0 4 C C 0 () \ J 1 60 1 1 1 1 wm)007 ROAD wgnw The basis for the bearing system is the north line of Oudot C, MILLBROOK, Washington County, Minnesota, which is assumed to bear N7715'40"W. 60 30 0 30 60 120 ._. I INCH EQUALS 60 FEET SCALE 174 FEET O Denotes a 1/2 inch by 14 inch iron pipe with a plastic cap ioscnbad by License No. 26147, which has been set in the ground or will be set in the ground accordance with MS 505.021, Subd. 10. • Denotes a Found Iran Monument marked by License No. 24764. 0 Denotes • Found Cast- Iron- Monument The interior lot comers of the multi- family Iota are located within proposed building slmchues, therefore no monuments will be set at these lot comers. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: 1 NOT TO SCALE Being 5 feet in width and adjoining lot fines, unless otherwise indicated, and 10 feet in width and adjoining right of way tines, unless otherwise indicated, as shown on the plat VICINITY MAP SECTIONS 18 & 19. TOWNSHIP 30 NORTH OF RANGE 20 WEST OF THE 4TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, MINNESOTA < I S ( COUNTY ROAD NO. 64 ) not to scale SHEET 2 OF 2 SHEETS 4 4 I DEVELOPER: LENNAR CORPORATION 935 WAYZATA BLVD. WAYZATA, MINNESOTA 55391 CONTACT: JOE JABLONSKI PHONE: (952) 249 -3014 ENGINEER, SURVEYOR, LAND PLANNER: SATHRE - BERGQUIST, INC 150 S. BROADWAY WAYZATA, MINNESOTA 55391 CONTACT: DANIEL SCHMIDT, P.E., R.L.S. PHONE: (952) 476 -6000 DESCRIPTION PROPOSF EXISTING LOT LINE - WA WM - BUILOINGSETBACKBOUNDARY — — — — — — — PARCEL BOUNDARY LINE DRAINAGE AND UTILITY EASEMENTS CURB AND GUTTER RIGHTOF.WAY DRAINTILE W/CLEANOUTS BACKYARD CATCH BASIN CATCH BASIN 511 II �... .�,E FLARED END AECTION W/RIP -RAP STORM STUCTURE LABEL HYDRANT y4 -11E— 4 —A'ry— _4 --Nu-- GATE VALVE --MA WM— —*0,'— X71 —Wm— 1 EMERGENCY OVERFLOW SWALE g BARRICADE T✓ OR 8® TT 00 ® SPOT ELEVATION . ... ' r GG +.0 TBC SPOT ELEVATION . . - - . .. - ._,.:.. ..:._: _:'_'',:.:..:_:' ' :: ..'_..::.,. NON St 1 A VIM TSUI St N SYMBOL LEGEND TWA 04 • • s 1 — — asf-/s - : I ► • —-- r --3 ► — — �► - Tr - — ' I I —710-0-1. $ --A- # — Deb Sri Ya: .od RdH - _ si MM SIN M.., In N • e Kall. c 4 3144 R NTl•RN l MILLBROOK 4TH ADDITION FUTURE W Poem p1M..r DdA•ood Rd N POND#2C NWL -902.0 2 yr- 900.98 10 yr- 902.54 100 yr- 903.98 POND#3C NWL -908.0 2 yr- 908.17 10 yr- 909.05 100 yr- 911.00 1 NORTH PUB IC PARK 0 /' 163mii I / 1 . `II 3 I I TI 9 0 w . OG 0 \ s REVISIONS • 80 40 0 40 80 160 • , ■ \ SCALE IN FEET I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY IL E: EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY THE 1 I DIRECT SUPERVISION AND THAT 1 AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER W:154 55-082\DWG\BA.SE_4TH.DWG i CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY AND ALL EXISTING PLAN SET 08 -07 -09 THE LAWS OF THE STATE OF MINNESOTA. I\ OF SHEET A BEFORE COMMENCING WOGS. UT OF HIS FAILURE TO EXACTLY AGREES BE FULLY LOCATE AND P R AND PRESERVE ANY i�'�Z FOR ANY - AND ALL DAMAGES ARISING OUT TO P AND ALL EXISTING UTILITIES. DATE 08-07 -09 REG. NO 26147 z 1 O Li _ H I= z- 6 s z O w O < Z I- w = - § 1- d' d H Y w CZ • O a o= 0 I..L - J � Q Z co - Z - 2 11111111 • M 1111 1 DRAWN CHEl6b DLS BATE 08-07-09 SCALE $HOWN 5455-082 1 BY 9 SHEETS./ Planning Commission DATE: September 11, 2009 CASE NO.: 09 -37 APPLICANT: Jeff Anderson and Greg Stokes REQUESTS: Special Use Permit to allow an Accessory Dwelling Unit LOCATION: 315 Olive St W COMPREHENSIVE PLAN DISTRICT: SFSL - Single Family Small Lot ZONING: RB - Two Family PC PUBLIC HEARING DATE: September 14, 2009 PREPARED BY: Michel Pogge, City Planner BACKGROUND Jeff Anderson and Greg Stokes, property owners of 315 Olive St W, are requesting a special use permit for an accessory dwelling unit that includes a two -car garage and living space for the accessory dwelling unit on the second floor. The lot size is 10,500 sq. ft., and 10,000 sq. ft. is the minimum lot size permitted by the ordinance for an accessory dwelling unit. The proposed garage contains many of the same architectural elements including roof style (cross gable roof). EVALUATION OF REQUESTS All accessory dwelling units in the RB (two - family district) zoning district permitted special uses in the RB district subject to the following conditions: a. Lot size must be at least 10,000 square feet. The subject lot is 10,500 square feet. b. The accessory dwelling unit may be located on second floor above the garage. The proposed accessory dwelling unit is located on the second floor above the garage. v 315 Olive St W Anderson /Stokes Garage Accessory Dwelling Unit Special Use Permit Page 2 c. The accessory dwelling unit must abide by the primary structure setbacks for side and rear setbacks. The proposed accessory dwelling unit is proposed to have a 25 foot rear yard setback and a 10 foot side yard setback. The proposed setbacks meet the requirements of the RB district. d. The accessory dwelling unit must be located in the rear yard of the primary residence or be set back from the front of the lot beyond the midpoint of the primary residence. The proposed accessory dwelling unit is behind the main home and meets the requirements of the code. e. Off - street parking requirements for an apartment and single - family residence (four spaces) must be provided. The proposed accessory dwelling unit will provide the required four off - street parking spaces with two spaces in the garage and a minimum of three in the driveway. f. Maximum size of the accessory dwelling unit is 800 square feet. The proposed area of the living space in the accessory dwelling unit is 676 square . feet. g. The application requires design review for consistency with the primary unit in design, detailing and materials. The applicant has provided plans for the proposed accessory dwelling unit. The garage is proposed to have a gable roof with asphalt shingles. It includes a dormer on the east elevation and a saltbox style roof pitch on the with west elevation. The pitch of the proposed structure does not match the current structure. Finally, the renderings does not indicate the siding that will be used on the structure. Since these details are not clearly noted on the plans staff recommends this be made a condition of the approval. h. The height may not exceed that of the primary residence. The existing primary residence is a two story home. The proposed accessory dwelling unit is also proposed to be two stories. The height of the accessory dwelling unit is shorter than the primary residence. i. Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street. Today, the primary dwelling unit is connected to municipal sewer and water services. Since it is not clearly noted on the plans staff recommends that this be made a condition of the approval. Maximum size of garage is 800 square feet. The proposed area of the garage in the accessory dwelling unit is 676 square feet. s 315 Olive St W Anderson /Stokes Garage Accessory Dwelling Unit Special Use Permit Page 3 ACTION BY THE HERITAGE PRESERVATION COMMISSION The Heritage Preservation Commission (HPC) reviewed a design review application for this accessory dwelling unit on September 9, 2009. The HPC approved the design review of the accessory dwelling unit with the conditions listed below. FINDINGS 1. The request meets all of the requirements of the zoning ordinance and the intent of the comprehensive plan. 2. The proposed accessory dwelling unit will not be injurious to the neighborhood or otherwise detrimental to the public welfare. ALTERNATIVES The Planning Commission has the following options: 1. Approve the special use permit for the new accessory dwelling unit as presented with the following conditions: a. All revisions to the approved plan must be reviewed and approved by the Heritage Preservation Commission. b. The accessory dwelling unit must be similar style, materials and color as the primary dwelling unit. Windows on the north elevation must be aligned vertically between the first and second floors. If exterior lighting is used it must be soffit style lighting units. The siding shall be a lap style similar to that existing principal structure. The City Planner shall review final plans for the Accessory Dwelling Unit prior to issuance of the building permit. c. The accessory dwelling unit shall connect to public sanitary sewer and water service. d. The applicant must meet the drainage requirements of the Middle St. Croix Water Management Organization. 2. Deny the special use permit for the new accessory dwelling unit. If the Commission chooses to deny the special use permit, the commission needs to make a finding of fact on that supports the denial. 3. Continue the public hearing until the October 12, 2009 Commission meeting. The 60 day decision deadline for the request is October 20, 2009. RECOMMENDATION Since an affirmative finding was made, staff recommends approval of the requested special use permit. attachment: Application and supporting documents from the applicant PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPM ENT DEPARTM ENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 *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. Address of Project I ` W • Lt 0 Zoning District Description of Project t.; Ac "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 1 further certify I will comply with the permit if it is granted and used." Property Owner�t r t.5 { 1■} Mailing Address , I S cLI\ 1�- �- City - State - ZipJ I Telephone No. " Signature , (Sigtfiire is required tl PROPERTY IDENTIFICATION Assessor's Parcel No. 28 - U--20 ' 13 'CC e) (GEO Code) S tJ ) t- 1J(e) ON I -1- Representative s 8CLTS Mailing Address City - State - Zip Case No: 6 7 73 7 • Date Filed: Fee Paid: 1 • Receipt No.: ACTION REQUESTED \V Special /Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment Telephone No.__4<1 — � 2 3 I Signature- - %.. (Signature is requir PLANNING ADMINISTRATION APPLICATION FORM SITE Lot Size (dimensions) 7Q x I-50,41 Land Area I /`j, 2q ,.S Height of Buildings Stories Feet Principal 1\a5, y_16s Accessory ,j ie, H : \marnamara \sheila \PIANAPP,FRM April 9, 2008 Case No: Date Filed: Fee Paid: Receipt No.: AND PROJECT DESCRIPTION Total Building floor area Existing Proposed I 7�i f7 Paved Imperviod No. of off - street parking spaces AD. u . s O F square feet square feet square feet" square feetc'P 2© :b 4 4- 2 2 00sr Mark S. Balay, RA S t i I 1 w a t e r M i n n e s o t 110 East Myrtle Street, Suite 100 Stillwater, Minnesota 55082 (651) 430 -3312 8/20/09 City of Stillwater Attn: Michel Pogge 216 N. Fourth St. Stillwater, MN 55082 Dear Mr. Pogge: Attached are application materials for additions to the house property at 315 W. Chestnut St. We wish to add an accessory dwelling unit to the property and are requesting Design Review by the HPC and issuance of a Conditional Use Permit by the city to allow this Our proposed project is simple and the site, existing house and proposed A.D.U. meet all requirements of the current ordinances for the RB zoning classification. The design of the A.D.U. submitted is the same design which we submitted and was built at 711 First St. So.with minor entry modifications to entrance points. If you have any questions or need additional information please do not hesitate calling. Sincerely, Mar S. Balay Mark S. Balay Archit Enc. Michael E. Balay, RA n d i a n a p o l i s i n d i a n a 8878 South Street Fishers, Indiana 46038 (317) 845 -9402 • NW 13321 LS 3AI S 9IGl1S /39d2fd9 • F 0 Tf l di: MT d ,0 — ,9Z L— r -- L }v .)s3 : : '01OS3NNIN 3O 3101S 3141 40 SM01 3141 030N0 133110000 030313030 ).100 0 N0 1 1001 ON0 NOISNO3d0S 133010 AN 030N0 0O 301 AB 0300d300 1.02 100d30 00 0011.031310340 '0010 S1H1 1001 141030 183030 I o u o l a u l s 1 l O d O u o ON 030 3100 soy -pa ([99)..d arce -oe6 (ma) AL 01Mi ]0011 1001 'Akin 'S von A ZO ■ z 0 0 2 9 J I cn L%. 3133001300 V1V 0 II 8 010 s d u ! q. 0 1 0 0 I 1 1 1 3 1 00114103330 18 00O3N3 I OW d 'ON 1.131 „9L /L 9 — ,ZZ • 0100 I A30 a %um 3100 >WIN II gg 413¢13•30318 080000 I VIVO 00 -22-4 mx01101 I JM0 0 O CERTIFICATE OF SURVEY FOR: GREG STOKES NORTH 0 20 40 SCALE: 1 INCH = 20 FEET CERTIFICATION: CATCH BASIN HYDRANT SIGN WATER VALVE UTILITY POLE LIGHT POLE TELE /ELEC BOX GAS VALVE OVERHEAD WIRES WELL MANHOLE CULVERT GAS METER FENCE CONCRETE • DENOTES FOUND 1/2" IRON PIPE DENOTES 1/2" X 18" IRON PIPE SET AND MARKED BY 25718 I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the a of Minnesota. DANIEL License. No. 25718 ate 5 -18 -05 FOUND 1/2" IRON PIPE 0.3' WESTERLY AND /.: • s _y : ; AREA: TOTAL AREA OF LOT = 10,528 SQ.FT. EXISTING LEGAL DESCRIPTION (as provided by the owner) The east 70.00 feet of Lot 9, Block 2, WILSONS ADDITION TO STILLWATER, on file and of record in the office of the County Recorder, Washington County, Minnesota. NOTES: PROJECT LOCATION: 315 OLIVE STREET STILLWATER, MINNESOTA UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. THE EXISTING LEGAL DESCRIPTION WAS PROVIDED BY THE OWNER. THERE WAS NO EFFORT MADE TO RESEARCH OR SURVEY THE ADJOINING PROPERTIES FOR GAPS AND OVERLAPS. Suite #B100 200 East Chestnut Street Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dlt -csls@ mcleodusa .net CORNERSTONE LAND SURVEYING, INC I lwa d er H L ft R : H p A i ' ? O M i N N F t Q i A Planning Report DATE: September 10, 2009 CASE NO.: 09 -38 APPLICANT: Greg Johnson, Director, Select Companies LANDOWNER: Lenard and Betty Huebscher REQUEST: 1) SUP for an 88 unit assisted living and memory loss facility 2) Amend Development Agreement for SELECT SENIOR LIVING OF STILLWATER 3) Amend Resolution 2008 -184 approving the Final Plat for SELECT SENIOR LIVING OF STILLWATER LOCATION: 12525 - 75th Street (Co. Rd. 12) COMPREHENSIVE PLAN: SFSL, Single Family Small Lot Residential ZONING: Base Zoning - RB, Two - Family Residential Overlay Zoning - Lakeshore Management (Long Lake) REVIEWERS: City Engineer, City Planner PREPARED BY: Bill Turnblad, Community Development Director I BACKGROUND Greg Johnson of Select Companies is planning to develop an 88 unit assisted living and memory loss facility on Co. Rd. 12 just east of Rutherford Elementary School. The senior care facility is to be known as Select Sr. Living of Stillwater. The 88 units would include 36 for memory loss and 52 for assisted living. These would be built in two phases. Phase I would be a two -story structure with 20 memory loss units and 20 assisted living units. Phase II would be a three -story addition that will add 16 more memory loss units and 32 more assisted living units. Infrastructure improvements are proposed to be constructed in two phases. The improvements include: 1) a platted public street that would align with Minar Avenue and temporarily terminate at the southern property line of the site; 2) extension of sanitary sewer and municipal water; 3) stormwater improvements; 4) a public trail along the new public street; and 5) a public trail connecting to the trail along Minar Avenue with the trail along Co. Rd. 12. Select Sr. Living September 10, 2009 Page 2of10 The City has already approved a 101 unit senior living facility for this property. Specific approvals for the project include: 1. Special Use Permit (SUP) for a 101 unit senior living facility to be located within the Lakeshore Management District of Long Lake and within the RB, Two Family Residential and the LR, Lakeshore Residential Zoning Districts, per Resolution No. 2008 -124 (adopted Sept 16, 2008); 2. Final Plat for SELECT SENIOR LIVING OF STILLWATER, per Resolution No. 2008 -184 (adopted December 16, 2008); 3. Rezoning of the property from AP, Agricultural Preservation to RB, Two Family Residential, per Ordinance No. 1003 (adopted Jan 20, 2009) and 4. Development Agreement for SELECT SENIOR LIVING OF STILLWATER, per Resolution No. 2009 -27 (adopted Feb 3, 2009). The 101 unit facility will not be constructed. In its place an 88 unit facility is proposed. To proceed with the 88 unit project: 1) a new SUP is required; 2) the Development Agreement needs to be amended; 3) the Resolution approving the final plat for SELECT SENIOR LIVING OF STILLWATER needs to be amended. The rezoning that was approved for the first facility is still valid and does not need to be revised. SPECIFIC REQUEST In order to develop the senior care project as revised, a number of approvals have been requested of the City, including: 1) Approve a Special Use Permit for the 88 unit senior living facility in the Lakeshore Management Overlay District and the RB, Two - Family Residential zoning district; and 2) Amend the Development Agreement to allow phased improvements and a reduction of park and trail dedication fees. 3) Amend Resolution 2008 -184 by replacing the site plan and building plans for the previous 101 unit project with the plans for the current 88 unit project. EVALUATION OF REQUEST I. SPECIAL USE PERMIT A senior care facility is allowed by SUP in the lakeshore management overlay district, the RB zoning district and the LR zoning district. Sec. 31- 207(d) of the City Code states that a Special Use Permit can be approved if the city finds (A) through (C) below to be satisfied: (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 A. Minimum Standards Lot standards I Ord. 1003 specifies that the property shall be zoned RB, Two Family Residential until the new comprehensive plan is adopted, whereupon the zoning will automatically change to LR, Lakeshore Residential. Select Sr. Living September 10, 2009 Page 3 of 10 Minimum lot standards for the 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 Frontage Depth Required 7,500 s.f. 50' 35' 100' Lot 1, Bl 1 ca. 5.3 acres 652' 425' 289' Lot 1, Bl 2 ca. 5.0 acres 471' 942' 380' 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 1 1 Required 100' 25' 25' 20' 1 Proposed 103' 35' 243' 93' I Miscellaneous Zoning Standards Impervious surface 25% allowed 24.2% proposed' Maximum building height 35' allowed +35 'proposed The proposed facility runs into difficulties with both of the miscellaneous standards. The impervious surface coverage on the project would exceed 25% of the lot area if the trail were constructed with standard bituminous. Consequently, the developer is requesting permission to construct the trails with pervious bituminous. Both of the project's trail segments would become public (the stretch along Minar Avenue from C.R. 12 to the southern property line, as well as the segment from Minar Avenue along the south of the facility to C.R. 12), therefore the core question here is whether the City is willing to accept the costs and unknowns associated with maintaining pervious bituminous trails. The City Engineer recommends against using pervious pavement for the trails. Instead he suggests that a portion of the parking lot be put into pervious pavement. The exact height of the building is difficult to determine from the plans that were submitted. It appears that the three -story phase of the building is slightly taller than 35 feet. Since 35 feet is the maximum allowed building height, either the building design must be altered slightly, or a height variance would have to be requested. Hopefully, this issue can be addressed by the building owner prior to the public hearing next week. B. Parking The senior care industry 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 2 Maximum impervious coverage is limited to 25% in the Lakeshore Management District. This includes the 14 phase ii stalls, which are being referred to in this memo as "proof of parking" since they may not be necessary. Select Sr. Living September 10, 2009 Page 4 of 10 COMPREHENSIVE PLAN 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 per se. But, the residents will not be driving. Memory loss residents will live in 36 of the units and assisted living residents will be in the other 52 units. So it makes sense to apply the nursing home standard of one parking space for each five units. This would require 18 spaces. The building owner believes that another 25 spaces would be needed for staff, deliveries and visitors. The total would therefore be 43 spaces. 46 spaces are proposed with an additional 14 parking spaces shown for Phase II construction. City staff would prefer to consider these 14 spaces to be "proof of parking" spaces. They should be constructed only if absolutely required. 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 of the City's single family zoning districts. The current Comprehensive Plan's future land use map guides the subject property for SFSL, Single Family Small Lot development. The 2030 Comprehensive Plan that is currently going through Metropolitan Council review guides the property for LLR, Large Lot Residential development. Zoning districts that are consistent with both of these development classifications allow the proposed senior living facility by SUP. (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. So, the Planning Commission should review the exterior design. Compared with the 101 unit building, the current 88 unit proposal is less imposing as viewed from Co. Rd. 12, from the south and from the east. From these perspectives, much of the building has been reduced from three stories to two stories. Moreover, the view from the neighbors to the south is not only reduced from three stories to two, but the walk -out basement level has been eliminated. So, what previously looked like four floors would now only be two floors. Seen from the west, the building continues to be three stories high as previously. Visually, all four facades are made interesting with architectural elements such as gables, vertical projecting elements, shadow lines, and a mix of materials. Exterior materials include brick, vinyl lap siding, vinyl shake siding, and asphalt shingles. The colors of these materials have not been submitted yet. A color rendering of the elevations should be submitted before the Planning Commission passes the case on to the City Council with a recommendation. Lighting — A lighting plan has not yet been submitted. This should be required before the Planning Commission makes a recommendation to the City Council on the case. (C) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Select Sr. Living September 10, 2009 Page 5 of 10 This is a fairly subjective standard. It could include such items as parking, traffic, lighting, land use conflicts, impact upon surrounding properties, impact upon the environment, impact upon public and private infrastructure, etc. Staff is not aware of any issues that would constitute a nuisance or be detrimental to the public welfare or the community. However, a landscape plan has not been submitted yet. And, since landscaping is an important element of a site design, especially to surrounding property owners, a landscape plan should be submitted before the Planning Commission passes the case on to the City Council with a recommendation. MISCELLANEOUS The conditions of the original SUP have been fulfilled. However, the specific list of plans for the 88 unit building will have to be included in the new SUP. The original conditions are: 1. The site shall be developed in substantial conformance with the following plans on file with the Community Development Department: • Proposed Layout Plan dated 9/4/08 • Proposed Grading Plan dated 9/12/08 • Proposed Utility Plan dated 9/12/08 • Proposed Lighting Plan dated 9/12/08 • Proposed Landscape Plan dated 9/4/08 • Proposed First Floor Plan dated 7/18/08 • Proposed Garage Floor Plan dated 7/18/08 • Second Floor Plan dated 7/18/08 • Proposed Third Floor Plan dated 7/18/08 • Proposed Front Elevation dated 7/18/08 Note: The plan set for the 88 unit building will need to be listed in place of the former plans. 2. The Special Use Permit shall not become effective until the DNR approves a City Code amendment allowing senior care living facilities as a specially permitted use in the Shoreland Management Overlay District. Note: This condition has been fulfilled. 3. The Special Use Permit shall not become effective until the City Council approves a code amendment allowing senior care living facilities as a specially permitted use in the LR district. II. DEVELOPMENT AGREEMENT Note: This condition has been fulfilled. The public and private improvements for the project are proposed for construction in two phases rather than all at once. Moreover, with fewer units, the trail and park dedication fees could be reduced. Therefore, the Development Agreement for the property will need to be amended. 1. Construction Phasing The attached construction phasing plan identifies which of the site improvements are proposed by the owner to be completed during the first phase of development, and which are proposed for the second phase. Select Sr. Living September 10, 2009 Page 6 of 10 Phase I items include: construction of a city road to the point where the church driveway accesses Minar Avenue; construction of all stormwater improvements; extension of sanitary sewer and municipal water improvements from their current location up to the senior facility; construction of 46 parking spaces; construction of the two story portion of the senior facility (40 units). Phase II items include: completion of city street to southern property line; extension of municipal water and sewer for the church, parsonage, and properties to the south; construction of the remaining 14 parking stalls, if necessary; construction of trails; and construction of the three story portion of the building (48 units). The Public Works Department has reviewed the civil engineering plans and phasing request and offers the following comments: • Minar Avenue should be built to City standards (including curb and gutter) from County 12 all the way to the southern property line during Phase I. The bituminous section must be 12" granular borrow (or approved subgrade), 6" Class 5 aggregate base, 2" bituminous base, and 2" bituminous wear. Concrete B618 curb and gutter must be installed. • The entire length of the bituminous pathway along Minar should be installed during Phase I. The east -west trail segment could be constructed in Phase II if found satisfactory to the Park Commission and the City Council. • The water main should be extended to the south property line during Phase I. Three gate valves will be required- one at the wet tap connection point, one at the 8 -inch service into the Select Senior Property, and one on the main just south of the Select Senior service. • Sanitary sewer should extend to the south end of Minar Avenue during Phase I (at a minimum). If the relocated parsonage is to be occupied prior to completion of Phase II improvements, then the sanitary sewer should be extended all the way to the parsonage during Phase I construction. (If the septic system for the church can be sized to accommodate the addition of the relocated parsonage, then sanitary sewer extension would not be necessary during Phase I). • A signed sanitary sewer easement from the School District will be required prior to release of the Final Plat for recording at Washington County. The impact of the project on Co. Rd. 12 is reduced by eliminating the independent living units. Therefore, Washington County is reviewing the proposal again to determine if the improvements to the county road will still be required. 2. Park and Trail Dedication Park dedication fee. Since neither the assisted living, nor the memory loss residents will use parks frequently, the Park Commission and City Council agreed to waive the $1,500 fee for each of these unit types when the 101 unit facility was approved. For the independent living units a 50% park dedication fee was charged ($750 each). If the City uses the same formula for these revised plans, then there would be no park dedication fee, since there are no independent living units in this version. The Park Commission and City Council will need to review this item. Select Sr. Living September 10, 2009 Page 7 of 10 Trail Dedication Fee In addition to the park dedication fee, a trail dedication fee is also 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 and across the senior living lot. The cost of public trail construction should be deducted from the required trail dedication fee. As with the park dedication fee, it is unlikely that the impact of the project's residents upon the trail system will be in the same order of magnitude as a standard apartment building. Therefore, the Park Commission and Council charged a trail fee based upon projected usage: memory loss = 0 %; assisted living = 25 %; and independent living = 100 %. If the City uses the same percentages for this revised project, then there would be a $6,500 trail fee (0.25 X $500 X 52 assisted living units). The Park Commission and City Council will need to review this item. FINAL PLAT RESOLUTION 2008 -184 All of the conditions of the Final Plat resolution of approval would still remain in effect except: 1) the plans for the 101 unit project will need to be replaced with the plans for the current 88 unit facility, and 2) the County may not require turn lanes for this version. The conditions of Final Plat approval are: 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: Revision date 12/9/08 Revision date 12/9/08 Revision date 12/9/08 Revision date 12/9/08 Revision date 12/9/08 Revision date 12/22/08 Dated 7/18/08 Dated 10/17/08 Dated 10/17/08 Dated 10/17/08 Dated 10/17/08 Dated 7/18/08 Dated 12/12/08 2. The final engineering plans shall be found satisfactory to the City Engineer prior to release of the Final Plat. 3. The five trees marked in the attachment entitled "Tree Exhibit" shall be transplanted to locations found acceptable to both the City Engineer and the property owners. In addition, the developer shall guarantee that these trees will be replaced by the developer with the same tree species at a size of at least 2.5" DBH if within two years they die for causes related to the transplanting. 4. A permanent utility easement shall be created for the sanitary sewer main that will run along the elementary school property to the west of the subject plat. 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. The easement shall be located in such a way as to minimize the removal of existing mature trees. 5. Prior to release of the Final Plat for recording with Washington County, a park dedication fee and trail fee in amounts found satisfactory to the City Council shall be submitted to the City. 6. All electrical and communications utility lines shall be buried. a. Layout Plan b. Erosion Control Plan c. Grading Plan d. Utility Plan e. Lighting Plan f. Landscape Plan g. Site Plan h. Garage Floor Plan i. First Floor Plan j. Second Floor Plan k. Third Floor Plan 1. North Elevation m. Tree Removal Plan Select Sr. Living September 10, 2009 Page 8 of 10 7. Trout Stream Mitigation fees, Transportation Mitigation fees, and sewer and water fees will be due and payable prior to release of the Final Plat for recording with Washington County, or prior to issuance of a building permit, whichever occurs first. 8. The developer shall construct turn lanes on County Road 12. The plans for these turn lanes shall be approved by the County Engineer and a copy of the approved plans shall be submitted to the City prior to release of the Final Plat for recording. The cost of these improvements, as estimated by the City Engineer, shall be credited against the City's Transportation Mitigation Fee. 9. Prior to release of the plat for recording with the County, the City shall receive a letter from the Minnesota Department of Natural Resources stating that the developer may proceed with the project. ALTERNATIVES A. Approval If the Planning Commission finds the proposed project to meet the City's review standards, it could recommend that the City Council approve the requests 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: a) Layout Plan C2.1 Revision date 9/20/09 b) Grading Plan C3.2 Revision date 9/20/09 c) Utility Plan C4.1 Revision date 9/20/09 d) Site Plan A1.1 Dated 8/21/09 e) First Floor Plan A2.1 Dated 8/21/09 f) Second Floor Plan A2.2 Dated 8/21/09 g) Third Floor Plan A2.3 Dated 8/21/09 h) North & South Elevations A3.1 Dated 8/21/09 i) East & West Elevations A3.2 Dated 8/21/09 j) Construction Phasing Plan Revision date 9/20/09 k) Tree Removal Plan Dated 12/12/08 2. The trails must be constructed of impervious bituminous. In order to satisfy the 25% maximum impervious surface standard in the lakeshore management district, the appropriate portion of the parking lots must be constructed of a pervious material with a design found satisfactory to the City Engineer. 3. The height of the facility must not exceed 35 feet. Either the building design must be altered slightly to maintain that height limit, or a height variance would have to be requested by the property owner and approved by the Planning Commission. 4. The additional 14 parking spaces identified by the property owner for Phase II construction must be considered "proof of parking" spaces. They should only be constructed if operations of the facility routinely create a larger demand than the first phase of parking lot construction can support. 5. Color renderings of the elevations must be submitted to the City before the Planning Commission passes the case on to the City Council with a recommendation. 6. A lighting plan must be submitted to the City before the Planning Commission passes the case on to the City Council with a recommendation. 7. A landscape plan must be submitted to the City before the Planning Commission passes the case on to the City Council with a recommendation. 8. Minor Avenue must be built to City standards (including curb and gutter) from County 12 all the way to the southern property line during Phase I. Construction standards for the street shall be found satisfactory to the City Engineer. Select Sr. Living September 10, 2009 Page 9 of 10 9. The entire length of the bituminous pathway along Minar must be installed during Phase I. The east -west trail segment could be constructed in Phase II if found satisfactory to the Park Commission and the City Council. 10. The water main must be extended to the south property line during Phase I. Construction details shall be found satisfactory to the City Engineer. 11. The sanitary sewer must be extended to the south end of Minar Avenue during Phase I (at a minimum). If the relocated parsonage is to be occupied prior to completion of Phase II improvements, then the sanitary sewer must be extended to serve the parsonage during Phase I construction. (If the septic system for the church can be sized to accommodate the addition of the relocated parsonage, then sanitary sewer extension may not be necessary during Phase 1). 12. The final engineering plans must be found satisfactory to the City Engineer prior to release of the Final Plat for recording with Washington County. 13. The five trees marked in the attachment entitled "Tree Exhibit" must be transplanted to locations found acceptable to both the City Engineer and the property owners. In addition, the developer must guarantee that these trees will be replaced by the developer with the same tree species at a size of at least 2.5" DBH if within two years they die for causes related to the transplanting. 14. A permanent utility easement must be created for the sanitary sewer main that will run along the elementary school property to the west of the subject plat. It must be in a form and with content found satisfactory to the City Attorney and the Public Works Director. Said easement must be fully executed and submitted to the City prior to release of the Final Plat for recording with Washington County. The easement must be located in such a way as to minimize the removal of existing mature trees. 15. A park dedication fee and trail fee in amounts found satisfactory to the City Council must be submitted to the City Prior to release of the Final Plat for recording with Washington County. 16. All electrical and communications utility lines must be buried. 17. Trout Stream Mitigation fees, Transportation Mitigation fees, and sewer and water fees will be due and payable prior to release of the Final Plat for recording with Washington County, or prior to issuance of a building permit, whichever occurs first. 18. If required by Washington County, the developer must construct turn lanes on County Road 12. The plans for these turn lanes must be approved by the County Engineer and a copy of the approved plans must be submitted to the City prior to release of the Final Plat for recording. The cost of these improvements, as estimated by the City Engineer, must be credited against the City's Transportation Mitigation Fee. 19. The City must receive a letter from the Minnesota Department of Natural Resources stating that the developer may proceed with the project prior to release of the Final Plat for recording with the County. B. Table If the Planning Commission finds that additional information is required to determine if the proposed project meets the City's review standards, it should table the case until October 12, 2009. C. Denial If the Planning Commission finds that the proposed project does not meet the City's review standards, it could recommend that the City Council deny the requests. If denial is recommended, findings to substantiate the recommendation must be given. Select Sr. Living September 10, 2009 Page 10 of 10 RECOMMENDATION Since the colored building elevations, the landscaping plan and the lighting plan are necessary to complete the project review, staff recommends continuing the public hearing until the next Planning Commission meeting on October 12th. The developer agrees to the continuation. cc Greg Johnson Molly Shodeen, DNR Area Hydrologist Rich Munson, DBA Attachments: Location Map Zoning Map Site Plan Floor Plans Building Elevations Layout Plan Grading Plan Utility Plan Construction Phasing Plan Final plat Applicant's narrative TH ReoPoszo 4i9 tiN k N t , Na frieb7 //NE rie MI OF at SPY OF SECTION 30, r3oN geoiv, ,1523W .1.69.07 ... , ■ _ ;, \ $6; ( \ 4 , i 3 15 k ' ; ........ s0A7, - z , i-, 1 • 0 5 SELECT SENIOR LIVING STILLWATER Stillwater, Minnesota We come before you to ask for an amendment to our previous approval. Market conditions have required us to rethink and redesign our proposed project. We are asking for approval of a two phase development. The first phase would consist of 40 units and the second phase, to be completed when market conditions improve, would consist of 48 units. The buildings unique design features the "small house" concept where residents share a living room, dining room, kitchenette, and laundry facility, these amenities are surrounded by the living quarters. It has been shown through studies conducted by Drs. Terry Lum and Rosalie Kane of the University of Minnesota that these "small house" concepts promote a more intimate setting for the resident (as well as for staff) and create very positive care outcomes for the residents. The staff in our facility will be responsible for multiple chores throughout the day, keeping them involved with the residents. Residents and families will have greater choice and input into their daily care, e.g., made to order meals, escorts to the dining room, special services needing to be preformed on a daily basis, etc. There are five "small houses" in the building where the two story east wing has a 20 unit memory care house on the ground floor and a 20 unit assisted living house on the second floor, and the three story west wing has a 16 unit memory care house on the ground floor and 16 unit assisted living houses on the second and third floors. The east and west wings are connected by the link which contains the entrance porch and canopy, the main entrance, the grand lobby, the elevator, the central kitchen, administrative offices, a central bathing room, an activities center, and public toilets. There are a total of 74 studio units and 14 one bedroom units in the building. Each studio unit has a bathroom with a roll -in shower; a kitchenette with a refrigerator, microwave and a small refrigerator; a sleeping area; and a sitting area. In the one bedroom units the bedroom and bathroom are separated from the sitting area. The building and dwelling units feature 3'6" wide doors to easily accommodate wheel chairs and walkers. Each small house has at least two living rooms to provide a quite area as well as an area for games and television. The kitchenette in each small house provides the residents the opportunity to bake fresh pastries and breads as well as prepare snacks. The meals are prepared in the central kitchen and delivered to the small house so that the residents can dine in their intimate dining room. Visible from County Road 12, the building's inviting entrance porch and circle drive drop -off are designed to draw residents and guests into the building with its' comfortable homes and amenities. The porch is connected to a short canopy that extends from the circle drop -off to the main entrance. A pleasant sitting area and fireplace welcome the residences and guests in the grand two story lobby. The architecture of the building is designed to enhanced and make the building appear less large using brick veneer with intricate details, lap siding and trim details, floor overhangs, bay windows, the entrance porch, eave overhangs, and the sloped roof with multiple dormers. The 5 acre site provides large yards and green areas with new landscaping and nutty existing mature trees, ponds, exterior patio, and a paved walking trail. There are a tot4 of 60, parking spaces including the accessible spaces for a van and cars. We thank you for your consideration and look forward to discussing this project further. Select Stillwater Civil Changes Folz, Freeman, Erickson, Inc. LAN[) PLANNING - .SURVEYING - ENGINEERING Grading of stormwater ponds remains the same as before, with some minor modifications, sizing is the same or larger. Roadway into site is proposed to be constructed to City Standards to the church entrance and then a 24 -ft wide drive would be constructed to service the proposed senior facility. The driveway would be a rural section, paved 24 -11 wide road with shoulders. The utilities for the site remain the same except for some minor modification to the storm sewer and watermain location. In phase II of the project the remainder of the sanitary sewer would be constructed to service the future cul de sac and church property. A pervious bituminous trail is proposed to keep the impervious percentage below that of 25% for the site. The pervious trail would be constructed in phase II of the project. 1244555th Street North, Lake Elmo, MN 55042 • Phone: (651) 439 -8833 • Fax: (651) 430 -9331 • Website: www.fle- ine.com Bruce A. Folz, LS Timothy I. Freeman, LS Todd A. Eric&w , PE 1939.2001 Principal Principal City of ---76171- STREET nuRTfl T — I Community Development Department Select Sr Living Zoning & Location Map r I I 0 c __._. ..oa��a�0�\� .. ae�; U, ,,,. IOW ' � iwitiv, _NI \ \ 30. � CHE �. <<F d.rar Ss \ \ * �\ \ \ 1 .,*,;.-.., ell'W 1 s .,, , , \ , z */* IN viva 1 :‘,Ai..\.f" A6 ., A s , r ' *NNW . ■ W'' 1 Oil I /AV Not PAK._' 6 L1/4 IP d ikA #* NS \ 1 . \ ‘ t t tvik k AVA ,...i.) ' . ...,.....0.1.,„„„ ,,... ...&...„ ..... ■41111 =I IMOOM Zoning Districts A -P, Agricultural Preservation RA - Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential \\\ CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial MI CA - General Commercial CBD - Central Business District BP -C, Business Park - Commercial BP -O, Business Park - Office BP -I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development MN PA - Public Administration 11 111111 I 1 Township Public Works Facility ROAD Railroad WATER TE ACFSN 4211)14 P00, I'rtrnron, Lnckwn, Inc. All Right Rosen R f =EOM SELECT SENIOR LIVING OF STILLWATER STILLWATER, MN 336 LF - 3" PLC SOR 16 - e OYO% 9 `" T ?O .91111/WI 2,6=56C68 UTILITY PLAN SELECT COMPANIES m • 12415 55TH ST. N. LAKE ELMO, MN 55042 k O FFE Folz, Freeman, Erickson, Inc. LAND PLANNING 4 SURVEYING ENGINEERING 12445 55TH STREET NORTH, LAKE ELMO, MN 55042 Phone (651) 4398833 Fax (654 430 Wd•1ro ,,,Vo.acine.cam P 2 N •k tt 0 0 co 4 5 z II p O 2 REVISED LAYOUT/BUILDING 1 REVISED CITY SUBMITTAL NO. REVISION DESCRIPTION 9/10/09 TOE TAE 11/9/08 VJV TAE DATE DRAWN 0IE000 0200K I'olz, Ilxman, Ln &.con, Inc. All Rights Reserved �u tam T N m N T T T T tzi ILL t MIEMBSIER (m)1 LAYOUT PLAN SELECT COMPANIES Balcniem Kenyan= 6.1 SELECT SENIOR LIVI VG OF STILLWATER 12415 55TH ST. N. STILLWA - ER, MN LAKE ELMO, MN 55042 FFE +e Folz, Freeman, Erickson, Inc. LAND PLANNING SURVEYING ENGINEERING 12445 55TH STREET NORTH, LAKE ELMO, MN 55042 Phone (6511 439 Fax (651) 4309331 Wdoalxo aa.,,.rk.lao x,m 1 ° pp [ 2 Z 8 . II MI ,, 46 p Ii 3 7 ° o t goN a z ntm ■ m < < —rrIo ay, " "> A qe1 -1 m K g 3 REVISED LAYOUT/BUILDING 2 REVISED CITY SUBMITTAL 1 REVISED CITY SUBMITTAL NO. REVISION DESCRIPTION 1/20/09 TAE TIE 12/0/08 VJV TIE I12M/08 VJV AE 1 1 DATE DRANK ]IEMEE C 200R I'o6 rte Lndlren, Inc. All Rightt Rcscvcd ( • N MELNINE SELECT SENIOR LIVING OF STILLWATER STILLWATER, MN GRADING PLAN SELECT COMPANIES 4112111/01/135 12415 55TH ST. N. LAKE ELMO, MN 55042 Folz, Freeman, Erickson, Inc. FFE n LAND PLANNING SURVEYING ENGINEERING 12445 55TH STREET NORTH, LAKE ELMO, MN 55042 Phone (651) 439.8833 629 (651) 430.9331 WcLn » .w„r.ffo.inc.mm t t ▪ ,1 o a C) m 0 v to X in 0 R� —1 R. 73 m Z m0 mG) mm in v3 v cn o A 0 Tn 3 m m m 23 • m i • M N m z m Z 8 00 zz m g g 00 A P 2 2 8' 4 REVISED LAYOUT/BUILDING 2/20/09 TAE 1u 1 3 LOWEST FLOOR ELEVATION & BERM 12/0/96 vdv 1u 1 2 REVISED CITY SUBMITTAL 12/9/08 VJV 10 1 REVISED WATERSHED SUBMITTAL 12/0/08 010 111E NO. 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II II I pg. r 2 DO HA. 1. r 4-; 12 ■Toari 1. r 3 11 = 4 F 0= I;;II; 111;1; 121 I M1.1 I - ai 0 ; • I 0 - 0 II : ' 1 0 11112 MN 1 1 11 IEI .1 %r-] ÷' E1 A 70 0 rn 0 D T la CD 6 IA! 1 • • y - CD E 6 D L IJ 5 H 3 nrrL] • _ ' KIP c NZ 0: 11 ,1 1 4' 11;;Z via 4r/1 A Uj ,Q, 9 r. SELECT SENIOR LIVING- STILLWATER a • s4 IN) STILLWATER, MN I LLILL-- NOT TO =.' USED FOR architects 2 5E CONSTRUCTION 7300 HUDSON BLVD. N. , SUITE 230 OAKDALE, MN 55128 PH(651)714-8115 FAX (651)735-1228 www.dbaarchitects.com 8 � SELECT SENIOR LIVING- STILLWATER N s e ( tea STILLWATER, MN a NOT TO BE USED FOR 2 CONSTRUCTION architects 7300 HUDSON BLVD. N. , SUITE 230 OAKDALE, MN 55128 PH(651)714 -8115 FAX (651)735 -1228 www.dbaarchitects.com CD ; :1 11111 11 1111 1 . •• 111111114 i 111111114 I V III.. IIIIIIIIII 1: Lila RA 1h • . ME .. Fi A SELECT SENIOR LIVING - STILLWATER fq44 )00000g STILLWATER , MN NOT TO BE USED FOR CONSTRUCTION a architects 7300 HUDSON BLVD. 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FFE E LAND PLANNING SURVEYING ENGINEERING 12445 55TH STREET NORTH, LANE ELMO, MN 55042 Pbune (651)43946933 Y., 051)430 -9331 Website: uwn.He.inc.com 3 REVISED LAYOUT /BUILDING 2 REVISED CITY SUBMITTAL 1 REVISED CITY SUBMITTAL NO REVISION DESCRIPTION 5/10/09 000 111 10/9/09 VJV 000 1 1/,/09 VJV 1AE DATE DRAWN 01E011