HomeMy WebLinkAbout2012-02-22 Joint Board PacketMeeting Notice
Stillwater City and Town Joint Board
City Council Chambers
216 North Fourth Street
Stillwater MN 55082
7 p.m.
Wednesday, February 22, 2012
AGENDA
1. CALL TO ORDER
2. APPROVAL OF APRIL 2011 MINUTES
3. ELECTION OF OFFICERS
4. PUBLIC HEARINGS
4.01 Case No. 2012 -01. A final plat and final PUD approval for Millbrook 6th
Addition. US Home Corp, applicant.
5. NEW BUSINESS
5.01 Building Permit Activity Report
5.02 Fairy Falls Road Area Annexation — Policy Discussion
Stillwater City and Town Joint Planning Board
Meeting Minutes
April 20, 2011
Present: Dave Johnson and Linda Countryman, Stillwater Township; Ken Harycki and Jim
Roush, City of Stillwater.
Staff present: Stillwater Community Development Director Bill Turnblad.
Chair Johnson cal led the meeting to order at 7:05 PM.
Approval of Agenda
Mrs. Countryman moved to approve the agenda. Mr. Roush seconded the motion, which
passed unanimously.
Public Hearings
Case No. 2011 -08 A request by Joe Jablonski of Lennar for approval of Millbrook 5th Addition.
The plat would include 37 single family homes.
Mr. Turnblad summarized the planning report of April 13, 2011 written by City Planner Mike
Pogge.
Mr. Johnson opened the public hearing. There being no public comments, he closed the public
hearing.
Mrs. Countryman moved to approve the plat of Millbrook 5th Addition. The motion was
seconded by Mr. Harycki and passed on a 4 -0 vote.
Case No. 2011 -04 A request by the City of Stillwater to create a new zoning district and to
rezone 403 properties in order to be consistent with the 2030 Comprehensive Plan future land
use map.
Mr. Turnblad summarized his report of April 12, 2011.
Mr. Johnson opened the public hearing. There being no public comments, he closed the public
hearing.
Mr. Harycki moved to approve the ordinance to create a new PROS (Park, Recreation or Open
Space) Zoning District, and to rezone 403 properties to be consistent with the 2030 Comp
Plan's future land use map. Mr. Roush seconded the motion, which passed unanimously.
New Business
Building Permit Activity Report
Mr. Turnblad presented the 2010 permit report. 39 permits were issued in 2010 for residential
units in the Orderly Annexation Area. The total number of residential permits issued from 1996
to 2010 totals 1,201. During that time, at a rate of 120 permits allowed annual, 1,920 permits
could have been issued to date. Therefore, a positive balance of 719 permits exists.
Election of Officers
Mr. Roush moved to elect the same officers for 2011 that served in 2010. M r. Harycki seconded
the motion, which passed unanimously. Therefore, the Chairman for 2011 is Mr. Johnson and
the Vice Chair is Mr. Roush.
Adjournment
Mr. Harycki moved for adjournment. Mr. Roush seconded the motion, which passed
unanimously. Meeting adjourned at 8:05 PM.
Respectfully submitted,
Bill Turnblad
Acting Recording Secretary
Stillwater Township /City of Stillwater Joint Board
DATE: February 14, 2012
REQUEST: Millbrook 6th Addition Final Plat and Final PUD Site Plan
APPLICANT: Joe Jablonski, U.S. Home Corporation
LOCATION: State Highway 96 west of South Twin Lake
MEETING DATE: February 22, 2012
REVIEWED BY: Community Development Director
PREPARED BY: Michel Pogge, City Planner.` ec
CASE NO.: 12 -01
BACKGROUND
The Preliminary Plat and Concept Planned Unit Development for Millbrook was
approved by the City in the Summer of 2006 and subsequently amended in July of
2010. 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 third and final plat of Phase II.
This plat is known as Millbrook 6th Addition and includes a total of 10 single family
homes that are zoned Cottage Residential and 22 townhouse units that are zoned
townhouse. The roads White Pine Way and Maureen Lane will be installed
completing the loop around the townhouses. Public utilities will be installed by the
developer to support this plat as part of the site improvements.
Millbrook 6th Addition — Final Plat and Final PUD Site Plan
February 14, 2012
Page 2
REQUEST AND ANALYSIS
The specific request before the City is to approve the Final Plat for MILLBROOK 6th
ADDITION and the Final PUD Site Plan.
The City Council adopted a resolution approving the preliminary plat and concept PUD
permit for MILLBROOK on August 15, 2006. 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.
Since the plans are substantially similar to the preliminary plat and concept PUD permit
approved, the final plat and final PUD permit for Millbrook 5th Addition are subject to the
pertinent conditions of both resolutions of approval. They are detailed below.
I. 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 6TH 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 6TH ADDITION are consistent with the
approved preliminary plans.
4. All trails shall be paved.
This condition has been satisfied.
Millbrook 6th Addition — Final Plat and Final PUD Site Plan
February 14, 2012
Page 3
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 Attorney 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 wetland, 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 trail connection was originally important when the regional trail
connecting Stillwater to St. Paul was identified to run along the south side of
State Highway 96. Now with the prospect that the Browns Creek State trail,
no regional trail will be constructed along State High 96. Thus this trail
connection is likely no longer needed. Additionally, staff would recommend
against installing this trail connection now since there is currently no safe
pedestrian path along State Highway 96. A trail easement was secured to
allow a future connection if it would be needed in the future.
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 trail system.
This condition applies to a different phase of the project.
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 the City of Stillwater.
This condition has been satisfied.
Millbrook 6th Addition — Final Plat and Final PUD Site Plan
February 14, 2012
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.
The park sites were transferred to the City in the Fall of 2010 and the
requirements for the final turf establishment is covered in the Millbrook Plat 4
development agreement.
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 no items outstanding.
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. A development agreement for this plat will
be presented to the City Council with the final plat.
Millbrook 6th Addition — Final Plat and Final PUD Site Plan
February 14, 2012
Page 5
II. 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 GPI) dated 1/12/07
Preliminary Utility Plan (Sheet UP1) dated 1/12/07
Preliminary Landscape Plan (Sheet LP1) dated 1/12/07
Colonial Foundation Planting Plan (Sheet L1) dated 6/8/061
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 6th Addition — Final Plat and Final PUD Site Nan
February 14, 2012
Page 6
III. 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.
This condition is satisfied.
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 is satisfied.
6. The new house plans shall only be used on the CR lots.
This condition is satisfied.
CITY OF STILLWATER PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the Final Plat and Final PUD request at their February
13, 2012 meeting. They recommended Stillwater City Council approve Millbrook 6th Addition
Final Plat and Final PUD Site Plan subject to the following conditions:
1. 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.
2. Per the original development approvals and landscaping plans, 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
CITY OF STILLWATER STAFF RECOMMENDATION
Staff recommends that the Joint Planning Board review the proposed plat and provide
comments to the Stillwater City Council to consider.
cc: Joe Jablonski
Millbrook 6th Addition
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Zoning
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
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
PA - Public Administration
PROS - Park Rec or Open Space
Public Works Facility
ROAD
WATER
MILLBROOK 6TH ADDITION
KNOW ALL BY THESE PRESENTS: That U.S. Home Corporation, aDelaware corporation, fee owner of the
following described property situated in the County of Washington, State of Minnesota to wit:
Outlots A and C, MILLBROOK 4TH ADDITION, according to the recorded plat thereof, Washington County.
Minnesota.
Has caused the same to be surveyed and platted as MILLBROOK 6TH ADDmON and does hereby dedicate the lanes,
ways, and 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 , 2012.
Signed: U.S. Home Corporation
Jon Aisne, Division Vice President
STATE OP MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this — day of 2012 by Jon Aisne, Division
Via President of U.S. Home Corporation, a Delaware corporation as behalf of the eaporuion.
Notary Public, County, Minnesota Printed Name
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 6TH 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 yew as indicated on the plat; that ell water boundaries 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, Schmidt
Licensed Land Surveyor
Minnesota License No. 26147
STATE OF MINNESOTA
COUNTY OF
The foregoing Surveyor's Certificate was acknowledged before me this day of , 2012, by
Daniel L. Schmidt, Licensed Land Surveyor, Minnesota License No. 26147.
Notary Public, County, Minnesota Printed Name
My Commission Expires
f IN SATHRE- BERGQUIST, INC.
II i'tb. t
STILLWATER. MINNESOTA
This plat of MILLBROOK 6TH ADDITION was approved by the City Council of the City of Stillwater. Minnesota this day of
2012, 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.
Clerk
Approved by the Planning Commission of the City of Stillwater, Minnesota, this day of
By:
Planning Commission Chairman
.2012.
BY:
Planning commission Secretary
COUNTY SURVEYOR
Washington County. Minnesota
Pursuant to Chapter 820, Laws of Minnesota, 1971, this plat has been approved this day of
By:
Washington County Surveyor
2012.
By:
Asaistant county Surveyor
COUNTY AUDITOR/TREASURER
Washington County. Minnesota
There are no delinquent taxes. the current taxes due and payable for the year 20 have been paid, and transfer has been enured this
,2012.
By:
Washington County Auditor/Treasurer
COUNTY RECORDER
Washington County, Minnesota
Document Number
By:
Deputy
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.
Washington County Recorder
By: , Deputy
day of
day of 2012, at
PRELIMINARY
COPY
November 28, 2011
SHEET 1 OF 2 SHEETS
MILLBROOK 6TH ADDITION
ts
PRELIMINARY
COPY
November 28, 2011
4 S SATHRE - BERGQUIST, INC.
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DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS.
NOT TO SCALE
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VICINITY MAP
SECTIONS 18 & 19, TONNSMP 30 NORTH OF
RANCE 20 WEST OF THE 4TH PRINCIPAL MERIDIAN,
WASHINGTON COUNTY, MINNESOTA
SHEET 2 OF 2 SHEETS
TO: City Council
FROM: Bill Turnblad, Community Development Director
DATE: February 14, 2012
MEETING DATE: February 22, 2012
REGARDING: Annexation Area Building Permit Update through 2011
For 2012, there were 54 permits issued for residential units within the City of Stillwater,
44 of them were within the Orderly Annexation Area. The Orderly Annexation
Agreement allows up to 120 housing unit permits to be issued each year starting in 1996.
Over that period, a total of 1,920 permits could have been permitted. The total number of
permits issued through December 31, 2011 has been 1,245. For 2012, the number of
permits that could be issued for new housing starts in the annexation area is 792, which is
the unit surplus that has accumulated over the 16 year period plus 120 housing units for
2012.
Year
Res. Unit Permits Issued
Res. Unit Permits Allowed
1996
0
120
1997
0
120
1998
13
120
1999
104
120
2000
201
120
2001
228
120
2002
172
120
2003
142
120
2004
106
120
2005
53
120
2006
47
120
2007
22
120
2008
41
120
2009
33
120
2010
39
120
2011
44
120
Total
1,245
1,920
BT /mjp
cSli jiwater
THE BIRTHPLACE O F MINNESOTA
DATE: February 14, 2012
TO: Joint Planning Board Members
SUBJECT: Annexation Policy for Fairy Falls Road Area
MEETING DATE: February 22, 2012
PREPARED BY: Bill Turnblad, Community Development Director
BACKGROUND
David and Lynne Murphy live at 9098 Fairy Falls Road. Their property has a size of
3.88 acres. It is their desire to subdivide one lot from their homestead. However, the
minimum lot size in Stillwater Township is 2.5 acres. Therefore, they do not own
enough land to create the new lot. If the land were located in the City of Stillwater, the
minimum lot size for this property would only be 1.5 acres. So, the landowners have
submitted an annexation petition to the City to allow for the lot split.
The Stillwater Town Board discussed the detachment on January 12, 2012 and
concluded that they would offer no objection.
The City of Stillwater Planning Commission held a public hearing for the annexation
request on February 13, 2012. The landowner and residents at 2216 Orwell Court N and
the owner of 9033 Fairy Falls Road testified against the petition. A number of issues
were offered in opposition, but the one that resonated most with the Planning
Commission was the fear of "opening the floodgates ". In the absence of a policy or
annexation plan for the area, approving one annexation request could lead to others
with a haphazard result.
Never the less, the petition to annex this specific property found general support
amongst the Commissioners. On a 5 -2 vote they recommend approval of the
annexation, but requested staff to discuss a potential annexation policy for the Fairy
Falls Hill area with the Town Board and City Council.
Fairy Falls Hill
Detachment/Annexation Policy
Page 2 of 3
POLICY DISCUSSION
If the Township and City are interested in setting a mutual policy as recommended by
the City Planning Commission, here are a few thoughts offered by City staff.
• As a general policy the City of Stillwater discourages new construction if
municipal sanitary sewer is not available. The Fairy Falls Hill neighborhood has
neither municipal sewer nor municipal water. Furthermore, it would not be cost
effective to provide utilities to this isolated neighborhood. Perhaps a property or
two being detached may make sense, but not as a general policy.
• Obvious physical demarcations serve as good municipal boundaries. In this
neighborhood the City boundary follows a public survey section line, which is
not an obvious physical boundary. Roads, rivers, etc. serve as better physical
boundaries.
• Perhaps limiting the potential annexation area to those few properties bounded
by Fairy Falls Road to the north /northeast and Orwell Avenue to the west would
serve the purposes of limiting the potential number of properties while using
clear physical features as boundaries. The potential area is shown in the attached
map.
REQUEST
If the Joint Planning Board members believe there is a need or value in discussing a
detachment /annexation policy for this neighborhood, City staff will provide
information for future Board and Council meetings.
bt
attachment: map
Planning Report for Murphy Annexation Petition
Fairy Falls Hill
Detachment/Annexation Policy
Page 3 of 3
Stillwater Township
9154
Potential Detachment/
Annexation PolicyArea
4491
Zoning Map
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January 2012
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:PATER
THE BIRTHPLACE O F M I N N E S O T A
DATE: February 9, 2012
TO: Planning Commission
REQUEST: Annexation
APPLICANT: David and Lynne Murphy
LAND OWNER: David and Lynne Murphy
LOCATION: 9098 Fairy Falls Hill (Stillwater Township)
MEETING DATE: February 13, 2012
AUTHOR: Bill Turnblad, Community Development Director
CASE NO.: 2012 -05
BACKGROUND
Mr. and Mrs. Murphy have submitted a petition for annexation of their 3.88 acre
homestead property at 9098 Fairy Falls Hill. Their goal is to split the property
creating one more building site.
The property is currently located in Stillwater Township where the minimum lot
size does not allow the property to be split. If the property were located in the City,
a lot split would be possible. Therefore, the landowners have submitted an
annexation petition.
If this annexation is approved by the City, Township and Municipal Board, then the
Murhpys will make application for a subdivision, rezoning and a minor
Comprehensive Plan amendment.
EVALUATION OF REQUEST
The property is not located within the Orderly Annexation Agreement area, so
review of the annexation request is simplified. Essentially the decision will be based
upon whether the City can offer something that the Township cannot, and whether
Murphy Annexation
February 9, 2012
Page 2 of 3
the Township supports the detachment. If both of these can be answered in the
affirmative, the City could decide to approve the request.
The City can offer improved, but not dramatically improved local government
services. The City Police Department is larger and more diverse than its counterpart
in the Township, so the quality of police service has the potential to be improved for
the property. The City Fire Department currently provides fire protection to the
property through a contract with the Township, so fire service would remain the
same. No City utilities are available in the Murphys' neighborhood. In summary, a
slight service improvement argument can be made, but it would not be dramatic.
However, one distinct advantage the City offers is that the required minimum lot
size for unsewered property is less in the City than in the Township. The Township
requires 2.5 acres for a lot in the subject neighborhood, whereas the City would only
require 1.5 acres on the property1 (as long as on -site sewage treatment is possible).
The two planned lots on the Murphy property would be about 1.6 acres and 2.2
acres in size. Therefore, the property could possibly be split if it were in the City,
but cannot be in the Township.
The Town Board said at their January 12, 2012 meeting that they would offer no
objection to a request by the Murphys to detach from the Township and be annexed
to the City of Stillwater.
ALTERNATIVES
The Planning Commission has the following options:
1. Recommend approval of the requested annexation with the following conditions:
a. Approval of the annexation does not compel the City to approve the future
split of the property into two lots.
b. When application is made by the landowners for a lot split, a septic system
designer must provide proof that an on -site septic system will function
satisfactorily on the new lot and that the loss of 1.65 acres will not make
future on -site septic service for the existing lot difficult.
' The property would ultimately be rezoned to RA, Single Family Residential if annexed. Minimum lot size in
the RA district is 10,000 square feet. But, the property is also located in the St. Croix River Overlay district,
which requires 1 acre for unsewered lots. Finally, the property is encumbered by a scenic easement since it is
located within the National Wild and Scenic River Corridor of the St. Croix River. The easement requires a
minimum lot size of 1.5 acres. Since the easement is the most restrictive of the lot size standards, its 1.5 acre
minimum requirement takes precedence.
Murphy Annexation
February 9, 2012
Page 3
c. When the landowners make application for the lot split, they will also need
to make application for a rezoning and for a minor Comprehensive Plan
. amendment to include the property within the City's future land use map.
2. Recommend denial of the requested annexation.
3. Continue the public hearing until the next meeting for more information.
RECOMMENDATION
Staff recommends alternative one.
attachments: Location and Zoning Map
Survey
Applicant Letter
Stillwater Township
14440
HIGHWAY
9154
Murphy Property
Rogp
NpRrH
2103
EAST ALDER ST
2012
z
HAZEL STREET
921
911 `
i
0
STREET
101
1917
HAZEL STREET
321
1915
315 312 1912
311
1904
404
402
318
306
1819
1905
1924
1914
1912
1908
224
K
EAST WILLOW
1 1824
1818 2
1816
1901
1813
POPLAR. STREET
104
WEST POPLAR STREET
1801
1723/
721 1
308
305
181
1812
1806
1802
1722
410
`> HAZEL BT
1921 j 124
tillwater
rcu Birteor nresol:)
Zoning Map
January 2012
Zoning Districts
X012 city limit
browns creek and tribs
❑missing row 6
EA -P, Agncuttural Preservation
E RA- Single Family Residential
E 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
■ CA - General Commercial
■ CBD - Central Business District
❑ BP -C, Business Park - Commercial
■
BP-0, Business Park - Office
EBP -I, Business Park - Industrial
IB - Heavy Industrial
▪ CRD - Campus Research Development
al PA - Public Administration
■ PROS - Park, Recreation or Open Space
Public Works Facility
❑ ROAD
WATER
Notes: e
Bearing system Assumed. CERTIFICATE
• Ind. iron found in place.
o Ind. #13774 iron pipe set.
"Deed" Ind. Deed call.
The right -of -way of Fairy Falls : >.oad North
is not currently defined by desc. in furnished
documents as to right -of -way width and the use
of this publically maintained road easement is
\`'uF
assumed to be an easement that is
prescriptive in nature.
v4Q^
BARRETT J. STACK,
tel. (651)
Notes:
4:)1: S U R Y `, E Y "M." Ind. Meas. value
LAND SURVEYOR "R." Ind. Record value.
439 -5630 Approx. contour data per Wash.
County mapping.
Drainfield Loc. shown is approximate.
"EBT" Ind. approx. loc. of Bit. Pavt.
The overall parcel is subject to a Scenic
Easement as Desc. in Doc. No. 367575.
Overall Parcel Description supplied is Rec.
in Doc. No. 316881, Wash. Co. records.
Survey Made For: Lynne and David Murphy
9092 Fairy Falls Road North
Stillwater, r'innesota 55082
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1 ! 1 /hereby certify that this survey, plan, or report was
1 prepared by me or under my direct supervision and that
( I + , 1 I am a duly Registered Land Surveyor under the laws of
\ ZOT1 \ the State of Minnesota.
5;7.44/4.-
.544 sE/
Date 1. -28 -2011 Reg.No 1.3.774
p .
To City of Stillwater:
Regarding our application of annexation to the City of Stillwater of the property at 9098 Fairy Falls Rd N,
property owners David and Lynne Murphy, PID 16.030.20.44.0006:
We want to subdivide our 3.88 acre property into two lots with the intention of selling the undeveloped
piece (approx. 1.5 ac.) at the south end of the property.
Attached is a recent survey of the 3.88 acres which is contiguous to the city on the south property line.
We have had discussion with the Stillwater Township Board of Supervisors who stated at their meeting
on January 12, 2012, that they will offer no objection to the detachment of the property.
We have had discussion with Chris Stein, of the St Croix National Scenic Riverway Park Service, which
has a scenic easement on the property. That easement requires a minimum of 1.5 acres with frontage
of 250 feet parallel to the river. Our survey indicates that this would allow one buildable lot that would
front on Orwell Court Rd as indicated on the survey enclosed.
The proposed lot would meet all the requirements of the City of Stillwater.
A soil test has not been completed, but the maps indicate that the soils are more than adequate to
support a septic system. A perc test will be done as weather permits.
David and Lynne Murphy
9098 Fairy Falls Rd
Stillwater, MN
651- 439 -9485
January 13, 2012