Loading...
HomeMy WebLinkAbout2013-05-13 CPC Packetiliwater THE BIRTHPLACE OF MINNESOTA 1) CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING Monday, May 13, 2013 7 p.m. The City of Stillwater Planning Commission will meet on Monday, May 13, 2013 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 2. APPROVAL OF April 8, 2013 MINUTES 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 Tess 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. 2013-09. An amendment to The Freighthouse special use permit for outdoor music at 305 Water Street South in the CBD, Central Business District. John Daly, representing The Freighthouse, applicant. 4.02 Case No. 2013-10. A special use permit to allow outdoor music for The Water Street Inn at 101 Water Street South in the CBD, Central Business District. Chuck Dougherty, representing St Croix Preservation, applicant. 4.03 Case No. 2013-11. A variance request from the minimum required side and rear yard setbacks for construction of a garage at 1001 2nd Street South In the RB, Two Family Residential District. Opal Margaret, applicant. 4.04 Case No. 2013-12. An annexation, zoning map amendment and preliminary plat for a 15 lot residential subdivision known as Brown's Creek Preserve, located at 12205 McKusick Road North. Jon Whitcomb, applicant. 4.05 Case No. 2013-13. A request for a special use permit to convert church property at 850 Churchill Street West for use by Lakeview Hospital as business office in the RB, Two Family Residential District. Corey Fedie, representing Lakeview Memorial Hospital. 4.06 Case No. 2013-14. An amendment to the Quick Fire Pizza special use permit to allow outside seating at 116 Main Street South in the CBD, Central Business District. Ryan Lettner, applicant. 4.07 Case No. 2013-15. A zoning text amendment to allow by special use permit an accessory outdoor sales area associated with a taproom license; also an amendment to the Lift Bridge Brewery special use permit to allow an accessory outdoor sales area at 1900 Tower Drive in the BP-O, Business Park Office District. Mark Balay, representing Li Bridge Brewer, applicant. - 4.08 Case No. 2013-16. A request for a special use permit to allow the operation of a surrey and bicycle rental kiosk (Papa Wheelies Surrey Rental) at 204 North Main Street in the CBD, Central Business District. Nancy Musser, applicant. 5. NEW BUSINESS 6. OTHER BUSINESS 7. ADJOURNMENT illwatr. ?MC MIMTMFLACI OF MI PLANNING COMMISSION MEETING MINUTES April 8, 2013 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Siess, Lauer, Hade, Kelly, Fletcher and Collins NOTE: Not sure who else was here - the tape recording started after roll call was taken Absent: Commissioners Hansen and Buchanan Staff: Community Development Director Turnblad APPROVAL OF MINUTES Motion by Commissioner Fletcher, seconded by Commissioner Kelly, to approve the March 11, 2013 meeting minutes. All in favor, 7-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2013-07. A request for final plat, an amendment to a planned unit development and an addendum to the Developers Agreement for Settlers Glen 9th Addition for 28 single family lots located at Outlot C, Settlers Glen, in the CCR, Cove Cottage Residential District. Lennar Corporation, Jason Biederwolf, applicant. Community Development Director Turnblad explained the request. The Lennar Corporation is requesting approval of the Settlers Glen 9th Addition final plat which includes 28 cottage residential lots and three outlots for open space, drainage and utilities. The preliminary plat for this project was approved in 2000. The proposed final plat generally conforms to the preliminary plat with the following exceptions: two fewer lots are proposed, to provide additional area for storm water management; and a new roadway stub is proposed to the west to provide access to the adjacent Krech property if and when development occurs. Regarding the PUD amendment, the applicant has requested approval for 11 new home.. styles.. Of. the 11 home styles, one of the stylesshows_ an accessory dwelling unit, which are not permitted in the CCR zoning district. Of the remaining 10 home styles, only four have set back garages. The zoning district requires that on 70% of the homes, the garages must be set back a minimum of six feet behind the front wall or the front porch of the residence. To meet the requirements of the zoning district, staff would like to see at least two more of the styles with set back garages. Staff also recommends amending the PUD to increase the Planning Commission April 8, 2013 maximum driveway width to 18 feet to better accommodate the tapering of the driveway from the three car garages. Even with the additional driveway width, none of the home will exceed the maximum 30% impervious coverage. Staff recommends approval with two additional conditions: 1) that prior to commencing any earth work, the developer obtains a grading permit from Browns Creek Watershed District; 2) that the developer increases the diameter of the cul-de-sac to 96 feet per request of the fire marshall to facilitate turning of emergency vehicles. Joe Jablonski, representing US Homes and Lennar Corporation, explained that the "Independence" home style is a "next generation home" featuring a portion of the home designed for use by an aging family member. Similar to homes in Millbrook, this next-gen home would have a separate entrance and separate garage, but the entire structure would have one address, one water heater, one furnace, so it could not be completely utilized as a separate residence. It also does not have fire standard walls between the units. Community Development Director Turnblad pointed out that many of the City's other zoning districts allow a mother-in-law apartment such as proposed, but it would require an ordinance amendment in the CCR zoning district. Commissioner Siess voiced support for the mother-in-law apartment style. She asked if Settlers Glen has the same parking issues that Liberty does. Community Development Director Turnblad responded that streets proposed for the development - are the normal street width of 28 feet, which allows eight feet on each side for parked cars. Liberty and Legends have much narrower streets. Chairman Kocon asked if the PUD could allow a multi -generational dwelling that is not intended for rental. He supports the multi -generational concept but wants the character of the neighborhood to remain residential, not rental. Community Development Director Turnblad responded that yes, an amendment to the PUD could be written with certain performance standards, such as accommodating parking for the main house and the accessory dwelling unit. Commissioner Fletcher asked about storm water management. Mr. Jablonski noted that engineers are requiring additional ponding areas, and once established, they will be seeded with an appropriate mix of native grasses to help infiltration. Community Development Director Turnblad added that this neighborhood acts somewhat independently of the other additions - it accommodates stormwater runoff differently because there isn't much stormwater exchange. The outlots are in a conservation easement, so the native grasses surrounding wetlands will make it obvious to anyone walking nearby that it is a wetland. Commissioner Siess asked about McKusick Road plans. Community Development Director Turnblad replied that the City is meeting with Washington County to determine the requirements, and Lennar will provide whatever is required to obtain the permit for the access onto the county road. Page 2 of 5 Planning Commission April 8, 2013 Commissioner Kelly asked if the housing standard is the same as what was previously constructed. Mr. Jablonski replied that the quality of the materials will be the same as in existing homes. The homes may look a little different because there are a lot of side -loaded garages in the existing Settlers Glen neighborhood, and this addition will have more front facing garages as seen in Millbrook. Regarding the housing styles, he had anticipated that the percentage of houses allowed to have garages that are not set back would be based on the number of units in the whole development, rather than just this addition, so he was surprised by the staff report. Chairman Kocon said the garage should not be the dominant feature; bringing the porch forward is important to ensure the garage isn't dominant. Community Development Director Turnblad added that almost all the styles could be slightly modified to bring the porch forward more, reducing the significance of the garage. If all nine additions are considered together, perhaps the developer's math is OK in calculating the percentage of homes with set back garages, rather than basing the percentage on just the 28 homes proposed for this addition. Chairman Kocon said he supports the recommendation in the staff report that landscape plans be revised to relocate the bus shelter and mailbox adjacent to Lot 1, Block 2 to Outlot B to improve sight distance at the intersection of Macey Way and Macey Circle. Mr. Jablonski said he will continue to work with City staff on that location. Commissioner Fletcher said she was pleased to see sidewalk along Macey Way to create a connection to Browns Creek Trail, which will be a great amenity to home buyers. She asked that the developer consider trail users when doing site layout and plantings. Alissa Fredeen, 1213 Atwood Lane, a member of the homeowners' association, expressed concerns about parking throughout the neighborhood and traffic flow from McKusick Road, as well as parking for trail users. Chairman Kocon noted if parking became an issue, it could be turned into residential parking only. Ryan McAlpine, 1366 Macey Way, expressed the same concerns about parking and traffic. There are a lot of kids in the neighborhood and there will be an increase in traffic including State trail users and Browns Creek Trail users. He suggested adding extra parking and additional crosswalks. Chairman Kocon closed the public hearing at 8:06 p.m. Motion by Commissioner Kelly, seconded by Commissioner Hade, to recommend approval of the final plat and PUD amendment with the 12 conditions noted in the staff report, plus three additional conditions: #13, that the Brown Creek Watershed District provide input on grading impacts; #14, that the cul-de-sac width be increased to 96 feet per the fire marshall's recommendation; and #15, that a crosswalk be added where the existing trail crosses between the 9th addition and the Settlers Glen development to the south. Also revising recommendation 3b, "the Community Development Director may revise the landscape plan to relocate the bus shelter and mailbox adjacent to Lot 1, Block 2 to Outlot B to improve sight distance," from "may" to "will." Page 3 of 5 Planning Commission April 8, 2013 Mr. Jablonski noted, regarding conditions #10 and #11 related to architecture, that he feels the percentage of home styles requiring set back garages should be calculated based on the entire neighborhood rather than just the 9th Addition. Commissioner Kelly noted he stands by his motion as made, the 70/30 split is not unreasonable. Chairman Kocon called the question. All in favor, 7-0. Case No. 2013-08. A request for annexation, subdivision and a zoning map amendment for the property located at 13295 Boutwell Road North in the Transitional Zoning District. Cornerstone Land Surveying, Inc., representing Tom Garley, applicant. Community Development Director Turnblad explained the request. Tom and Karen Garley have agreed to sell the City the property needed for road access to the National Guard Readiness Center and the new fire station, in exchange for the two homes the City owns on the future fire station and armory site. To create the two lots to receive the two home, the applicants are requesting: 1) annexation of 1.07 acres from Stillwater Township; 2) rezoning of 1.07 acres to TR, Traditional Residential; 3) preliminary plat and final plat approval of Cottonwood Trail Addition and a two -lot residential subdivision; 4) waiver of Transportation Fee, Trout Stream Mitigation Fee, and Park and Trail Dedication Fee. The neighbors to the east are concerned about impacts to the privacy of the neighborhood and requested that when building pads for the two homes are prepared, a tree protection plan be submitted and screening be added. Staff recommends approval of the requests with 13 conditions plus two additional conditions - that the driveway be widened to 18 feet; and that the Garleys present a plan to protect privacy along the common lot line. Chairman Kocon questioned making the privacy screening a condition, and waiving the impact fees, saying the City never received fees from those houses because they were in the township. Community Development Director Turnblad explained that the fees were intended to cover additional costs generated by new development, not to pay for existing services; staff feels since the homes were already there, waiving them seems consistent with City policy. Commissioner Kelly noted that since requiring the tree protection plan is not impeding the property owners' ability to develop their land, it seems like a reasonable requirement, but he would feel differently if it were impeding their ability to develop. Tom Garley, applicant, offered to answer questions. He will with the City forester to develop a tree protection plan to preserve privacy of the adjacent lot, though most of the trees are box elder or poplar. He has no major objections to the proposed conditions, but questioned the suggestion to eliminate lot 7 because it was oddly shaped, saying there are other ways to replat the proposed remainder of the lots to maintain eight other lots and their access in the future. Community Development Director Turnblad noted the preliminary plat shows the potential future lots. This is helpful to provide a general idea about how to build the road to determine needs for future services, but it doesn't commit to this layout - it just shows what's possible. Page 4 of 5 Planning Commission April 8, 2013 A resident at 13339 Boutwell Road, east of the new development, said she would like the Garleys to plant more trees on the site to preserve privacy for their pool. Chairman Kocon closed the public hearing at 8:50 p.m. Motion by Commissioner Kelly, seconded by Commissioner Fletcher, to recommend approval of the proposed annexation of 1.07 acres, zoning map amendment, preliminary and final plat of Cottonwood Trail Addition subdivision, and waiver of Transportation Fee, Trout Stream Mitigation Fee, and Park and Trail Dedication Fee, with the 13 conditions noted in the staff report and two additional conditions: # 14, that the applicant widen the driveway to 18 feet; and # 15, that the applicant submit a plan for preserving trees in the rear of Lot 2 abutting the neighboring property. All in favor, 7-0. NEW BUSINESS There was no new business. ADJOURNMENT Motion by Commissioner Kelly, seconded by Commissioner Lauer, to adjourn the meeting at 8:54 p.m. All in favor, 7-0. Respectfully Submitted, Julie Kink Recording Secretary Page 5 of 5 liwater "HE B I N T H P 1. A, E OE MINNESOTA Planning Commission DATE: May 6, 2013 CASE NO.: 2013-09 APPLICANT: John Daly, The Freight House PROPERTY OWNER: JFS Stillwater LLC REQUEST: A special use permit amendment for outdoor live music. LOCATION: 305 Water St S COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 1993, a special use permit was issued to the Freight House to allow construction of a masonry patio adjacent to the existing deck. As a condition of approval, the special use permit required, "There shall be no outside live entertainment from the Freight House deck." REQUEST The applicant requests to amend the existing special use permit to allow outdoor music on the deck at the Freight House on Saturday and Sunday afternoons between Memorial Day and Labor Day from 3:00 pm to 6:00 pm. The music will be amplified only by the musicians' equipment and does not involve the night club sound system. The "Summer Music Series" has been held in previous years on Sundays only. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor sales or special events may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 305 Water Street Page 2 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows outdoor sales or special events by Special Use Permit. Outdoor entertainment is proposed for ono two afternoons per week without significant amplification. This use is compatible with the surrounding area and conforms to the intent of the zoning code and all other legal controls. 2. Any additional conditions necessary for the public interest have been imposed. To protect the public interest, staff recommends the conditions listed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The proposed change to the special use permit will not affect parking demand, be injurious to the neighborhood or otherwise detrimental to the public welfare. ALTERNATIVES The Planning Commission has the following options: 1. Recommend the City Council approve the request in whole or in part. 2. Recommend the City Council deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is May 26, 2013, and the next Planning Commission meeting is scheduled for June 10, 2013 but the review period can be extended for another 60 days. STAFF RECOMMENDATION Approve the special use permit as conditioned. CONDITIONS FOR APPROVAL Staff recommends the following conditions of approval: 1. Outdoor music is approved on Saturday and Sunday from Memorial Day to Labor Day from 3:00 pm to 6:00 pm only. No outdoor music shall occur at any other time except as allowed by an approved special event permit. Any changes to amplification, timing and/or duration shall be reviewed and approved by the City Council. 2. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. attachments: Vicinity Map Location Map Applicant's form, letter and sketch Aerial photograph Planning Commission DATE: May 6, 2013 CASE NO.: 2013-09 APPLICANT: John Daly, The Freight House PROPERTY OWNER: JFS Stillwater LLC REQUEST: A special use permit amendment for outdoor live music. LOCATION: 305 Water St S COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 1993, a special use permit was issued to the Freight House to allow construction of a masonry patio adjacent to the existing deck. As a condition of approval, the special use permit required, "There shall be no outside live entertainment from the Freight House deck." REQUEST The applicant requests to amend the existing special use permit to allow outdoor music on the deck at the Freight House on Sunday afternoons between Memorial Day and Labor Day from 3:00 pm to 6:00 pm. The music will be amplified only by the musicians' equipment and does not involve the night club sound system. The "Summer Music Series" has been held in previous years. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor sales or special events may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 305 Water Street Page 2 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows outdoor sales or special events by Special Use Permit. Outdoor entertainment is proposed for one afternoon per week without significant amplification. This use is compatible with the surrounding area and conforms to the intent of the zoning code and all other legal controls. 2. Any additional conditions necessary for the public interest have been imposed. To protect the public interest, staff recommends the conditions listed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The proposed change to the special use permit will not affect parking demand, be injurious to the neighborhood or otherwise detrimental to the public welfare. ALTERNATIVES The Planning Commission has the following options: 1. Recommend the City Council approve the request in whole or in part. 2. Recommend the City Council deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is May 26, 2013, and the next Planning Commission meeting is scheduled for June 10, 2013 but the review period can be extended for another 60 days. STAFF RECOMMENDATION Approve the special use permit as conditioned. CONDITIONS FOR APPROVAL Staff recommends the following conditions of approval: 1. Outdoor music is approved on Sunday from Memorial Day to Labor Day from 3:00 pm to 6:00 pm only. No outdoor music shall occur at any other time. Any changes to amplification, timing and/or duration shall be reviewed and approved by the City Council. 2. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. attachments: Vicinity Map Location Map Applicant's form, letter and sketch Aerial photograph R2IW R2OW R19W T32N T31N T3ON T29N TUN T27N R22W R2IW R2OW T32N T31N T29N TUN T27N Vicinity Map 0 171 Scale in Feet Tlia daring M pa yaw• W wapMM And ieprwsfena re.r. as toy m vane. WasM1flh 4yan Counq '.n. The dean alnW be Wadiu Meimce Formeraee eaonly elMaec':ea. County nre re ewe• w•1851)wgen ratty eStove,.Stove,.01. Plw •be]l Pawl EMa bang an .]e20 informal. con. through February VI, 2013 Map pnMn Iynl]S, ]pt] Location Map Legend 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 GRD - Campus Research Development IIII PA- Public Administration amPROS - Park, Rec or Open Space Public Works Facility ROAD WATER , PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 '—>C SpecialiConditional Use Permit Variance Resubdivision Subdivision' Comprehensive Plan Amendment' ACTION REQUESTED Case No: Date Filed: Base Fee: y d s Technology Fee: $2 Receipt No.: Zoning Amendment` Planning Unit Development Certificate of Compliance Lot Line Adjustment 1* 6t7P/O13-0? 3/ '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. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be re/ected by the City. Required - Applications will be rejected without a legal description. A legal description Is found on the deed to the property. Attach as an exhibit It necessary. 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 . ;76.5—uk,'c' e Complete Property Legal Description' ril-7-`(•Required - Applications will be rejectithout a legal description) Tax descriptions and property descriptions frorn the county are not acceptable. / Zoning District l>l9t �7 � Description of Project , J Z/, (' 1/ -- Assessor's Parcel No. (GEO Code) 7 hereby state the foregoing statements and all data, information my knowledge and belief, to be true and correct, 1 further cgrtSfyJ Required S Obi Property Owner �(j 1 /+/ccigt% 4-L-� Mailing Address 2 .. u .S c •k. i / r (Z tt; City - State - Zip (`7, ,-'043,..t 1. \ A't .1. > try 2-- 'a r .c-� Telephone No. (?/ ?• ,3.3 % P T c.. ( • Email )4,' C_f 3/(C-'6 i-I/}/.0 C'c-1 (Fi"ix rG' Signature ignature Is uired) v and evidence submitted herewith in all respects, to the best of will comply with the permit if if is granted and used," if other than property owner Representative �.2'A ,�j `77 �^ Mailing Address 7dL5— `i1�L�1?' S7 „5 . City - Stale - Zip--S77'51/Z-.44-7 to S' , G�-'r/r ` Telephone No�i/�.5%%) 1I T 5, 1i ') Email Signature S:WIANNING1A MNISTRATIONNF•ORMS\PIANAPP.DOCX January 29.2012 ure s emitted) Dear City, The Freight House Restaurant would like to amend the SUP for the continuation of the rain or shine "Summer Music Series" in 2013. The Memorial Day — Labor Day schedule involves performances on Sunday afternoons (15) from 3pm — 6pm. The musicians are local duos and trios located on the center of the deck against the building facing East. The series is family oriented and age appropriate for Sunday afternoons and involves only minor amplification as no night club sound system is involved. We would appreciate your approval to continue with this into its seventh year so we may provide a greater experience for our guests. Sincerely, John Daly General Manager Ai porck Litib Planning Commission DATE: May 9, 2013 CASE NO.: 2013-10 APPLICANT: Chuck Dougherty, Water Street Inn PROPERTY OWNER: Saint Croix Preservation Company REQUEST: A special use permit for outdoor live music. LOCATION: 101 Water St S COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 1994, a special use permit was issued to Saint Croix Preservation Company for rehabilitation of the historic Lumber Baron's Hotel and to construct an addition for hotel rooms and a conference center. The patio on the north side of the new addition adjacent to Myrtle Street was constructed as part of that project. REQUEST The applicant requests a new special use permit to allow outdoor live music on the north patio at the southeast corner of Myrtle and Water Streets. The request is to allow music amplified by the hotel's sound system on Fridays and Saturdays from noon to 11:30 pm and acoustic music from noon to 7:00 pm on Sunday, presumably months permitted by weather, generally May to September. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor sales or special events may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 101 Water Street S Page 2 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows outdoor sales or special events by special use permit. The request is to allow music amplified by the hotel's sound system on Fridays and Saturdays from noon to 11:30 pm and acoustic music from noon to 7:00 pm on Sunday. Since the seating capacity for the patio remains unchanged, there is no effect on parking demand. The request does not conform to the city's noise ordinance. Sec. 38-3 of the City Code prohibits operation of sound reproducing equipment after 10:00 pm. If the Planning Commission elects to recommend approval of the request, the special use permit must include a condition that outdoor live music cease at 10:00 pm. 2. Any additional conditions necessary for the public interest have been imposed. If the Planning Commission elects to recommend approval of the request, staff recommends the conditions listed below to protect the public interest. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Amplified outdoor music has been a continual source of complaints from residents within and near downtown. Downtown is a mixed -use area with many residents in addition to businesses and visitors. The request for 10 hours of amplified music on consecutive weekend days followed by seven hours of acoustic music on Sunday may create a nuisance or be detrimental residents, other businesses and visitors. Recognizing these potential impacts, if the Planning Commission elects to recommend approval of this request, staff recommends reducing the hours when outdoor live music would be permitted to no more than four to six hours per day Friday, Saturday and Sunday from May to October. A conditional allowing adjustments to the permit based on complaints received is also proposed. ALTERNATIVES The Planning Commission has the following options: 1. Recommend the City Council approve the request in whole or in part. 2. Recommend the City Council deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is May 26, 2013, and the next Planning Commission meeting is scheduled for June 10, 2013 but the review period can be extended for another 60 days. STAFF RECOMMENDATION Approve the special use permit as conditioned. CONDITIONS FOR APPROVAL Staff recommends the following conditions of approval: 101 Water Street S Page 3 1. This special use permit allows outdoor live music on the north patio of The Water Street Inn for up to four to six hours per day on Friday, Saturday and Sunday from May to October. Amplified music is permitted on Friday and Saturday only. No outdoor music of any kind is permitted after 10:00 pm. Any changes to location, amplification, timing and/or duration shall be reviewed and approved by the City Council. 2. For the 2013 season, the City reserves the right to reduce hours approved in this permit if the outdoor live music becomes a nuisance. 3. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Attachments: Vicinity Map Location Map Applicant's form, letter and information PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: Date Filed: Base Fee: S O Technology Fee: $25.0_0- Receipt No.: 5� VI 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. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. 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 t atAir'" =1 2 i (930Q. eV/ %�jr-'� Assessors Parcel No. N (GEO Code) Complete Property Legal Description* 4fet.c.4 (*Required - Applications will be rejected without a Legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District Description of Project L., lY7c-'5 t c cam,-, ;7 C / 2 , „ �i`/2('J�W�/%f i �� r � r 1'lr °lc); , /x3 5'— c �; r, / /1!2, h�.'r j / /7 !!! "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. l further certify I will comply with the permit if it is granted and used." Required Property Owner � r (-;:e/X Mailing Address / '( Gr/sr7Z� - e-t, :2";; v City - State - Zip 5/ lll�/CtiZf GGliI/' 3 ) Telephone No. Cl 5, Email ('',/L t . %�,� /1'✓ rvclj 1 �. _�% Signat If other than propert wner Representativerit� LL •c� ,1 t-; Mailing Address/( )/ %7 pre-, City - State - Zip s i i r- 4 '74*- ! � Telephone No�(` �]ci�c�f�/r✓ Email (-----'Zoc- 4�__L✓c�7`Cs i -c- /rl�l+ Signatu S:\PLANNING\ADMINISTRATION\FORMS\PLANAPP.DOCX January 29, 2013 R22W R2IW R2OW Vicinity Map 0 128 Scale in Feet T.d Onpbiee0.eet..+5... And Mff(P.M W land mmMr.. OW .pees n yam .w.0.0W ce,aq wa. my Mrs, w. Ea med. Worm* pW.e.wry w nCax.Vn mt m.omta torn/ Mxr.ourea. Saxe W tinglon Ca Kurvyro/ i 6.011en �..511 ewers Mug. eu.e.ee Al iMn ennebe arteM iM OFebruaryryR2013 eKVeNetl MM15, 20. Location Map Legend Zoning A-P, Agricultural Preservation RA -Singe Family Residential RB - Two Family TR. Traditional Residential LR, Lakeshore Residential CR, Cotlage Residential CTR, Cove Traditional Residential - CCR, Cove Cottage Residential El 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 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 WATER STREET INN En. 1890 Date: April 15, 2013 To: Planning Commission From: Chuck Dougherty Re: Live outside music We would like to have live music on our North Deck. The live music would end at 7:OOpm on Sundays and ending at 11:30pm on Friday and Saturday nights. The groups will be setup on the Northwest corner of the deck, under the pergola, and will play facing the Southeast (away from town and towards the River). They will use our house sound system so we will be able to control the volume. In keeping with our theme on Friday and Saturday nights we will have Irish music consisting of two to four piece groups. On Sundays, we will feature local musicians (one to four piece groups), that will play a variety of Acoustic Music. Sincerely, 6 Chuck Dougherty 101 SOUTH WATER STREET • STILLWATER, MN 55082 • 651.439.6000 • www.waterstreetinn.us 101 Water Street South, Stillwater, MN - Google Maps http ://ma ps .googl e.c om/maps?hl=en&tab=w 1 Goggle L To see rig the details that are visible on the screen, use the "Print" Zink next to the map. 1 of 1 4/15/2013 3:04 PM r illvvater THE BIRTHPLACEOFMINNESOTA Planning Commission DATE: May 9, 2013 CASE NO.: 2013-11 APPLICANT AND PROPERTY OWNER: Opal Margaret REQUEST: Variances to permit the reconstruction of a garage within the required setbacks and to maximum building coverage. LOCATION: 10012nd St S COMPREHENSIVE PLAN DISTRICT: Low/Medium Density Residential ZONING: RB - Two -Family Residential PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner REQUEST Opal Margaret submitted an application for variances to reconstruct and expand an existing detached garage in the rear yard at 1001 2nd Street S. Public hearing notices were published and mailed for this request. The applicant is considering revisions to the initial plan and asks that the public hearing be continued to the June 10, 2013 meeting. The application was received on April 22, 2013, and the 60-day review period expires on June 21, 2013. RECOMMENDATION Staff recommends that the Planning Commission open the public hearing and continue it to the June 10, 2013 Planning Commission meeting. REPORT DATE: May 9, 2013 HEARING DATES: Planning Commission Joint Planning Board Park Commission City Council CASE NO.: 2013-12 May 13, 2013 May 16, 2013 May 20, 2013 June 18, 2013 APPLICANT: Jon Whitcomb, Midwest Real Estate Management LANDOWNER: Greg Wallace & Bill Krech REQUEST: 1) Annexation 2) Rezoning to CCR, Cove Cottage Residential 3) Preliminary Plat approval of Browns Creek Preserve, a 15 lot Residential Subdivision LOCATION: 12205 McKusick Road COMPREHENSIVE PLAN: LMDR, Low/Medium Density Residential ZONING: NA, currently located in Stillwater Township REVIEWERS: City Engineer, Fire Marshal, Brown's Creek Watershed District, Washington County Public Works PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Jon Whitcomb, Midwest Real Estate Mgmt, plans to develop six acres of property located at 12205 McKusick Road. The site is currently located within Stillwater Township. The preliminary plat for the project, to be known as Brown's Creek Preserve, shows 15 single family lots that are requested to be rezoned to CCR, Cove Cottage Residential. The project is located on McKusick Road immediately west of Settler's Glen 9th Addition and immediately south of Brown's Creek State Trail. The proposed zoning for the development is the same as Settler's Glen 9th Addition, though the Brown's Creek Preserve lots are considerably larger. Browns Creek Preserve May 9, 2013 Page 2 SPECIFIC REQUEST In order to develop the property as proposed, the applicant has requested approval of the following: 1. Annexation of the 6.0 acre property 2. Rezoning of the property to CCR, Cove Cottage Residential 3. Preliminary Plat for 15 single family lots EVALUATION OF REQUEST I. ANNEXATION According to the Orderly Annexation Agreement, the subject property is located in the Phase IV annexation area. This area is not scheduled for development until 2015. But, the infill provision of the agreement (Section 4.09) would allow the request to be approved, since each of the following criteria are satisfied: o 100% of the subject landowners have signed an annexation petition • Greg Wallace and Bill Krech are the sole owners of the property and they have signed the annexation petition. o The property is adjacent to property within the City's corporate limits • Settler's Glen 9th Addition immediately to the east has already been annexed into the City. o The level of growth in the entire area regulated by the agreement has not exceeded 120 permits per year • This is true o Utilities are immediately available to the property • All utilities are to be brought to the property boundaries by US Homes as they develop Settler's Glen 9th Addition this summer. II. REZONING Mr. Whitcomb has requested that the development be zoned CCR, Cove Cottage Residential after it is annexed. This zoning is the same as Settler's Glen 9th Addition. Though the zoning is consistent with the Comprehensive Plan, and is compatible with the surrounding neighborhood, staff suggests that TR, Traditional Residential zoning be considered. The reason is that with the larger lots of Brown's Creek Preserve, TR might work better. For example, TR zoning allows for a mother-in-law apartment and the garage regulations are considerably less confusing than in the CCR district. The garage has no restriction on number or orientation of stalls, they are simply limited to 1,000 square feet of floor area and have to be set 27 feet from the front lot line (house has 20 foot front setback). In addition, 75% of the 15 lots would have to have garage faces set at least 6 feet back of the house front. Browns Creek Preserve May 9, 2013 Page 3 III. PRELIMINARY PLAT A. Minimum Dimensional Standards: CCR District Standard Min. requirement Proposed Lot area 7,000 (10,000 sf avg) 10,641-18,755 sf Lot width* 60' 80' min Lot depth** 100' 130' min Lot frontage on public road 35' 52.4' min * distance between side lot lines measured at right angles to lot depth at a point midway between front and rear lot lines ** average distance between front and rear lot lines. The table compares the minimum standards for the proposed CCR zoning district with the minimum standards proposed for Brown's Creek Preserve. As can be seen, each minimum standard would be exceeded. The TR, Traditional Residential zoning requirements are also exceeded by each proposed lot. B. Civil Engineering The City Engineer has reviewed the preliminary plans and offers the following comments: 1. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 2. The street widths are shown as 28' back of curb to back of curb and must be increased to a minimum of 28' face to face. 3. The storm pond on the southeast corner of the site shall have an access road for maintenance vehicles. The outlet form the pond shall be a manhole with outlet and not a weir structure as proposed. Settlers Glen 9th has a back yard drainage pipe draining to their abutting wetland. This drainage pipe in Settler's Glen should drain into the Brown's Creek Preserve pond so that there is one outlet instead of two. (Other alternate designs are possible, but must be approved by the City Engineer.) 4. Drainage from Monterey Court shall not be directed into Macey Way. 5. Backyard drainage from lots 1 to 10 is a concern, since proposed grades are minimal. A revised drainage system must be proposed and approved by the City Engineer. 6. This development will be responsible for paying the Trout Stream Mitigation Fee of $10,021 per acre; the Transportation Mitigation Fee of $17,160 per acre; and trunk sewer and water fees as yet to be determined by City Engineer. These fees will be due prior to release of the final plat for recording with Washington County. 7. Annexation petition cannot be filed with Minnesota Municipal Board until utilities have been extended to Browns Creek Preserve property lines. Browns Creek Preserve May 9, 2013 Page 4 C. Tree Preservation A tree inventory, tree removal and tree protection plan have been submitted. A landscaping plan has also been submitted. Both plans need to be reviewed yet by the City Forester. That review will be completed prior to City Council consideration of the development plans. No protected slopes exist on the site (>24% over a 50 foot run). So tree removal on slopes is not an issue. Moreover, the vast majority of the trees on the site are plantation pines, which are not subject to the tree City's tree protection standards. The City's environmental ordinances would allow 35% of the tree stock to be taken down. Less than 27% of the total wood mass would be removed according to the plan. So, no replacement is required. One note on the landscaping plan: the subdivision code requires an average of three trees per lot along the street, though outside of the platted right-of-way1. The landscape plan only shows 18 trees for all 15 lots. This needs to be revised to be compliant with City Code. D. Park and Trail Dedication The Comprehensive Plari s park element shows no planned park or trails on or through the property. Though, the state trail runs along the northern property line of the site. The Park Commission is scheduled to review the plans on May 20, 2013. It is likely that they will recommend that park and trail dedication should be cash rather than land or improvements. If so, $2,000 per lot would be due for the park dedication and $500 per lot for trail dedication. This cash dedication would be due prior to release of the final plat. E. Environmental Issues Wetlands - The property has no wetlands. But, there is a Management Category I wetland just to the south of the site and it has a required 75 foot buffer area. This may impact grading of the proposed storm water pond, which will become clear during Brown's Creek Watershed District review. BCWD - Karen Kill, Brown's Creek Watershed District Administrator, completed a preliminary pre -permit plan review of the development plans. She makes the following comments: "If the Management Category I Wetland to the south of the property is a groundwater dependent natural resource (which is likely), then the proposed stormwater basin will not be allowed within the buffer unless the basin bottom is at least 3 feet above the seasonal high water table, bedrock or other impeding layer and the basin is designed and maintained to infiltrate the 2-year 24 1 City Code Ch 32, Subd. 6(3)q Browns Creek Preserve May 9, 2013 Page 5 -hour precipitation event. Right now that isn't how it is designed. Also, the order of the stormwater facilities (infiltration first and NURP second) is backwards, so there is going to need to be some moving things around." Floodplain - The property includes no FEMA identified floodplains. ALTERNATIVES A. Approval If the Planning Commission finds the proposal to be satisfactory, it could approve it 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: • Preliminary Plat dated 4/19/13 • Grading dated 4/19/13 • Erosion Control Plan dated 4/19/13 • Utility Plan dated 4/19/13 • Tree Preservation Plan dated 4/19/13 • Landscape Plan dated 4/19/13 2. The rezoning necessary for development of the subject property shall not become effective until the applicant receives Final Plat approval from the City Council. 3. The City Forester shall review the tree inventory, tree preservation plan and landscape plan. Any revisions found necessary by the City Forester shall be made to the plans prior to City Council consideration of the final plat and plans. 4. The developer shall submit a grading permit application to Brown's Creek Watershed District. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package. 5. If the Park Board finds that park and trail improvements are not advisable on this project, a $2,000 park dedication fee for each lot and $500 trail fee for each lot shall be submitted to the City prior to release of the final plat for filing with the County. 6. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. 7. Storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14. 8. The street widths are shown as 28' back of curb to back of curb and must be increased to a minimum of 28' face to face. 9. The storm pond on the southeast corner of the site shall have an access road for maintenance vehicles. The outlet form the pond shall be a manhole with outlet and not a weir structure as proposed. Settlers Glen 9th has a back yard drainage pipe draining to their abutting wetland. This drainage pipe in Settler's Glen should drain into the Brown's Creek Preserve pond so that there is one outlet instead of two. (Other alternate designs are possible, but must be approved by the City Engineer.) 10. Drainage from Monterey Court shall not be directed into Macey Way. 11. Backyard drainage from lots 1 to 10 is a concern, since proposed grades are minimal. A revised drainage system must be proposed and approved by the City Engineer. Browns Creek Preserve May 9, 2013 Page 6 12. This development will be responsible for paying the Trout Stream Mitigation Fee of $10,021 per acre; the Transportation Mitigation Fee of $17,160 per acre; and trunk sewer and water fees as yet to be determined by City Engineer. These fees will be due prior to release of the final plat for recording with Washington County. 13. Annexation petition cannot be filed with Minnesota Municipal Board until utilities have been extended to Browns Creek Preserve property lines. B. Table If the Planning Commission finds that the preliminary plat application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Planning Commission does not find the rezoning, annexation or the preliminary plat to be satisfactory, it could recommend denial of the requests. With a denial, the basis of the recommendation should be given. RECOMMENDATION City staff recommends approval of the requests with the thirteen conditions identified in Alternative A. cc Jon Whitman Attachments: Zoning & Location Map Development Plans Browns Creek preserve Preliminary Plat Case 2013-12 Zoning Districts A-P Agricultural Preservation RA - Single Family Residential RB - Two Family TR. Traditional Residennal LR. Lakeshore Residential CR. Cotage Residential - CIA, Cove Traditional Resioent::i CCR. Cove Cottage Residential - CT HR. Cove Townhouse Residential TH. Townhouse RCM - Medium Densay Residential RCH - High Density Residential VC Village Commercial - CA - General Commercial — CBD - Central Business District BP . Business Park . Commercial - BP-O. BuSinesa Park - Office BP-i. Business Park - Indushiai - 18 - Heavy Industrial CRD - Campus Research Devwcpmen, - PA - Public Admimstrahon - PROS Park. Recreatton or Open Space Iti-N Public Works Facility ROAD WATER — • Current City Limit 904.6 x 910.7 919.6X 908.6 X NW CORNER'. OF INC NEI/4 OF THE SW I/4 OF SEC. 9 IT30, R20-- FOUND 1/2 INCH IRON PIPE-` '<'.42 HrtRK - n11A STOP P K_ NAIL ELEV. = 51151.41 40.00 -- LINE PARALLEL WITH THE "WEST -TINE 0. THE NEI/4 Of THE SW I/4 918 \, ' ' •-.fr'�.� . ,k-'.."ate SLY5RLHT OE WAY LINE OF FORCER o- 918 • FOUND 1/2 INCH IRON PIPE ql6 -L5 N & 0.3' E -- b.0 \ \ \ v ,o-a \ a \ \ LOT8 \ 18,755 sq. R. ; , (MCKUSICK RD. N.) COUNTY RD. NO. 64 916 -NORTH LINE OF 18E NEI/4 OF T0E SA' I/4 914 912 --- I 916 l2 P"IVA1F RAILROAD CROSSING --1 (7 9 0 NO . 53225.1. _._ , ,515-,J ROADWAY AND D UTILITY 1;- -- EASEMENT PER 00C. �� DOC. N0, I I 3638758 I 1 I - 914 4a9 i o'S89°32'34 E6o,5 _.._0i 417.40 a-n Aan LOT 15,604 sq. ft. rwc / Ha>E • 94.5 96. I� /LOT 1 I LOT el I;' I2,334 sq. r 11 11,000 sq. ft. -41 ,x ` , /1 1 1 ' a � I I MONTEREYCT. ce ' LOT 13 12,328 •q. ft. , / /- , LOT % \ `42 , 18,729 sq. ft. / / / 1� l LOT 10 / / 11, \ , / / 18,249 sq. ft. i h. -,-'- __ I 4/7.40 I S89°32'34"E ,LOT 12 16,228 sq. ft. LNE PARALLEL WITH THE 5'LY RIGHT OF WAY LINE OF FORMER RAIROAO 906 FOUND I/2 INCH = IRON PIPE 0.5' & 0.4' E 890 PRO.8P.3INVERT ORANALE AND UT11TY EASEMENT OVER ALL OF OUTLOT A I t ANEXED LEGAL DESCRIPTION: The following legal description Is as shown on the Stewart Title Guaranty Company as as issued by its agent, Land Tide, Title Commitment case no. 399271, with an effective date of February 28, 2013. All that part of the Northeast Quarter of the Southwest Quarter (NE / of SW 7) of Section Nineteen (19), Township Thirty (30) North, Range Twenty (20) West, described as follows: Commencing at the Northwest corner of said quarter -quarter thence east along the north line of said quarter -quarter for Forty (40) feet; thence South and parallel with the west line of said Northeast Quarter of Southwest Quarter (NE 'A of SW %) for One hundred thirteen and six -tenths (I 13.6) feet to its intersection with the southerly right-of-way line of the Northern Pacific Railroad Company, which is the point of beginning of this description thence continuing South along said parallel line drawn Forty (40) feet East of the West line of said Northeast Quarter of Southwest Quarter (NE 'A of SW h) for Sly hundred twenty-six and one tenth (626.1) feet thence East and parallel with said southerly right-of-way line of the Northern Pacific Railroad Company for Four hundred seventeen and four tenths (417.4) feet thence North and parallel with the west line of said Northeast Quarter of Southwest Quarter (NE A of SW A) for 51x hundred twenty-six and one tenth (626.1) feet to the southerly right-of-way line of the Northern Pacific Railroad Company; thence west along said southerly right-of-way line of said railroad company for Four hundred seventeen and four -tenths (417.4) feet to the point of beginning, together with an easement for ingress and egress over and across the following described tract' Commencing at the NW corner of the NE % of the SW % of Sec. 19, T. 30 N., R. 20W., Washington County, Minnesota, thence E. 40 ft. along the N. line of said % % to a pt.; thence 5. and parallel to the W. line of said ''A A 113.6 ft. to the Sly right of way line of the Northern Pacific Railroad; thence W. along the S'ly line of said right of way of said railroad 40 ft. to the pt. of said % %; thence N. along the W. line of said A Y. 113.6 ft. to the pt. of beginning of this description, according to the United States Government Survey thereof, Washington County, Minnesota. C DEVELOPMENT DATA: OVERALL ANNEXED PARCEL = 261,334 SQ.FT. (6.0 ACRES Lot 1 = 12,334 sq. ft. Lot 2 = 11,000 sq. ft. Lot 3 = 15,604 sq. ft. Lot 4 = 22,7671 sq. ft. Lot 5 = 13,753 sq. ft. Lot 6 = 10,641 sq. ft. Lot 7 = 12,832 sq. ft. Lot 8 = 18,755 sq. ft. Lot 9 = 18,729 sq. ft. Lot 10 - 18,249 sq. ft. Lot 11 = 16,070 sq. ft. Lot 12 = 16,228 sq. ft. Lot 13 = 12,328 sq. ft. Lot 14 = 14,470 sq. ft. Lot 15 = 11,051 sq. ft. Roadway = 36,522 sq. ft. (> SURVEY DATA: 1. BEARINGS ARE BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM NAD 1983. 2. LEGAL DESCRIPTION PROVIDED BY THE OWNER. 3. EASEMENT INFORMATION LIMITED TO ITEMS LISTED IN THE ABOVE LEGAL DESCRIPTIONS OR SHOWN ON COUNTY HALF SECTION MAPS. OTHER EASEMENTS, IF ANY, MAY EXIST AND ARE NOT SHOWN ON THIS SURVEY. 4. TOPOGRAPHY PROVIDED BY THE OWNER. 2 FOOT CONTOURS PROVIDED BY THE WASHINGTON COUNTY SURVEYORS OFFICE DATED 2011. 5. UNDERGROUND UTIUTIES NOT LOCATED OR SHOWN C SYMBOLS: MANHOLE CULVERT FEN EETER CONCRETE DENOTES FOUND 1 /2' IRON PIPE o DENOTES SET 1 /2" IRON PIPE MARKED RLS 25718 HYDRA BASIN HYDRANT SIGN WATER VALVE UTILITYOOLE LIGHT POLE TEL0600 BOX GAS VALVE OVERHEAD WIRES WELL CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 NORTH 0 40 MO 'NMI MO SCALE IN FEET 80 BROWNS REEK PRESERVE ,CONTACT: BROWNS CREEK WEST, LLC ion Whitcomb PO Box 128 Stillwater, Mn 55082 C'CITY - COUNTY: STY OF STI I_LWA-1- WASHINGTON, COUNTY VIC INITY MAP SEC. 19, 1WP. 30, 12N0. 20. WASHINGTON COUNTY. MN REVISIONS: DATE REVISION 4-10-13 INITAIL ISSUE 4-19-)3 CITY SUBMITTAL CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed land Surveyor under the laws of the state of MINNESOTA. Danieet. Yhurmes Registration (Jo: 25718 Date. 4-10-13 PROJECT LOCATION: 12205 MCKUSIK RD. N. PID#1903020310001 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan@cssurvey et CORNERSTONE LAND SURVEYING, INC FILE NAME PROJECT NO. SURVJW34 (WI 3034 PRELIMINARY PLAT C2.1 r13EIJ 'n 3.1TOP P WA / 120 - -- 919.6 r-' 1 YIS \ 1A7 A01 220 (MCKUSICK RD 314- - N.) COUNTY RD. NO. 64 12 I'P.I I DATA -ROAD WASHING TON COHvri'1 GHrDEWArPLAT 1 NO 770 - BROWNS CREEK TRAIL 1- 916-= / 6' ADJUST BERM AS NEEDED TO AVOID ANY SIGNIFICANT TREES S E 1 7,L F_ RS \GL 17 N ?N D A 001 T/O N OUILOT A POND 1D0 NWL 899.0 HMI 099.1 (1 YR) HWL 099.6 (10 YR) Hopi. 900.8 (100 YR) �0 P 1 'M1 Y AND ILITY 46EMENT E ! 914--- 2 PSA UT VEMENT SAW AND SEAL ALL NEW AND RECONSTRUCTED STREETS b" Pam\ \ \ \,`� ._061LTRAP08FOND NWL CRY HWL 902.5 (1 IR) Hopi. 903.4 (10 YR) Hopi 904.1 (100 YR) Ir 46 V OG I 9 \ ti \ 'l 1.., DIEAINAGE AND IL NU IY rASEML:NT I-L-1. • 0\ER ALL or -`� P II A N I I 7- 910 / II GRADING NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY PERFORMED BY CORNERSTONE LAND SURVEYING. INC., STILLWATER. MINNESOTA, ON APRIL 10, 2013, EXPRESSLY FOR THIS PROJECT. 2. VERIFY ALL FIELD CONDITIONS AND UTUTY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN UTIUIIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 3. A GEOTECHNICAL ENGINEER OR THEIR OUAUFIED REPRESENTATIVE SHALL OBSERVE ALL EXCAVATIONS REIATEED TO SUBGRADE PREPARATION, FOOTINGS, SLABS ON GRADE AND PAVEMENT CONSTRUCTION PRIOR TO PLACING AND COMPACTING FILL 4. DENSITY TESTS SHALL BE TAKEN IN EXCAVATION BACKFILL AND EMBANKMENT PLACED BELOW SPREAD FOOTINGS, BUILDING SLABS, BESIDE WALLS AND BELOW PAVEMENTS. 5. PAVEMENT SUBGRADE TO BE PROOF ROLLED, IN THE PRESENCE OF A GEOTECHNICAL ENGINEER, WITH A FULLY LOADING TANDEM AXEL TRUCK. PRIOR TO PLACING AGGREGATE BASE. THE MAXIMUM ALLOWABLE DEFLECTION IS 1 INCH. 8. REFER TO RECOMMENDA0ONS IN THE GEOTECHNICAL REPORT FOR ANY ADDITIONAL SITE PREPARATION INFORMATION OR REQUIREMENTS. 7. SEE TREE PERSERVAIION PLAN FOR ALL DIRECTION AND REQUIREMENTS PERTAINING TO EXISTING TREES. B. PROTECT ALL SURFACE 91E FEATURES NOT NOTED FOR REMOVAL. 9, IN BUILDING PADS AND PAVED AREAS THE BACKFILL MATERIAL SHALL BE COMPACTED TO 95% OF THE STANDARD MOISTURE DENSITY RELATIONSHIP OF SOILS (ASTM 0-698-70) EXCEPT THE TOP THREE FEET (3) OF THE BACKFILL WHEN SHALL BE COMPACTED TO 100% DEN91Y. IN AREAS WHERE FILL DEPTH EXCEEDS TEN FEET (10') THE FILL SHALL BE COMPACTED TO 98% DENSITY. PRIOR TO PLACING EMBANKMENTS IN BUILDING PADS AND PAVED AREAS, ALL TOPSOIL AND UNSTABLE SOIL SHALL BE REMOVED, AN INDEPENDENT GEOTECHNICAL IESTING FIRM VALE VERIFY THE COMPACTION, DENSI11E5, THE PROPER REMOVAL OF ORGANIC AND UNSTABLE SOILS AND PROVIDE THE RESULTS OF THESE TESTS TO THE ENGINEER AND CLIENT. 10. THE FILL SOILS SHOULD BE PLACED AND COMPACTED USING UFT THICKNESSES WHICH ARE COMPARABLY MATCHED TO THE TYPE OF FILL AND THE COMPACTOR BEING USED. THE COMPACTOR SHOULD BE CAPABLE OF OBTAINING THE RECOMMENDED COMPACTION LEVELS THROUGHOUT THE ENTIRE THICKNESS OF THE FILL LIFT. 11. PAVING SECTION: BITUMINOUS PAVING 1.5' BITUMINOUS WEAR (MNDDT 2360 TYPE 9.5 WEARING COURSE MIXTURE (2,B) SPWEA2408) TACK COAT (MNDDT 2357) BITUMINOUS BASE (MNDDT 2360 TYPE 12.5 NON -WEARING COURSE MIXTURE (2.B) SPNW82308) 6' AGGREGATE BASE (MNDDT 3138 CL5) 18' SELECT GRANULAR SUB -BASE COMPACTED SUBGRADE REFER TO SHEET C3.2 FOR EROSION CONTROL PLAN 04082,II 40 80 SCALE IN PEPT Know what's below. Call before you dig. OWNERS BROWNS CREEK WEST, LLC do JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWING PRELIMINARY PLAT SUBMITTAL 04/19/13 REVISION REVISION DATE PRELIMINARY PLAT SUMBITTAL 04/19/13 SHEET INDEX C0.1 COVER 9TEEET C1.1 EXISTING CONDITIONS C.2.1 PRELIMINARY PLAT C3.1 GRADING PLAN C3.2 EROSION CONTROL PLAN C3.2 GRADING DETAILS C3.3 GRADING DETAILS C4.1 C4.2 C4.3 UTILITY PLAN UTILITY DETAILS UTILITY DETAILS L1.1 TREE PERSERVATION PLAN L2.1 LANDSCAPE PLAN CERTIFICATION by me,Y certify r my direct Mon supervision, M1al I om a Licensed Prof :'I/ MINNESOTA under lows ool' es n 0 Islrollon No:111914 Dote:04/l 9/13 Si notareWshown is a digital reproduction °riot.. el signed copy of Ihs pan n fie and le upon request at plan Development Consulting. Development Consulting P.O. BOX 357 LONG LAKE, MN 55356 PRONS10:.36/4034 PAL ,E1-416 79 SHEET GRADING PLAN PROJECT NO. WHI04001 C3.1 FILE (.3011Y1.1101.0WG 1\ O _>//k; )ON COL/ / / . 1' VC. 33 O V 7 O N VT (MCKUSICK RD. N.) COUNTY RD. NO. 64 12' PRIVATE RAILROAD CROSSING PER DOC. NO. WASH/ IC TON COUN7P IGHT OF WA Y PLA r NO. 170 - BROWNS CREEK TRAIL 8--45d BEND 8' GATE VALE SANITARY SEWER SERVICE (TYP.) .„I L HYDRANT & CATE VALVE / j/ L 148-8'PVC 02.0% ASSEMBLY /41 ,w 7p=s' Pvc oz.Dz gat .Art\ $AN MHS 14 • /T/C 910.05 NV 899.15 ,INV 899.25 1 /J 74-8' PVC 02.05 SAN MH4 J 1-- I I T/C 908.55 r / i' INV 897.58 J \\\ LiNC89-7:68 `\ Q! r� SANITARY \ \ \ -.' ANHOLE (TIP.) INFILTR 0 POND - _ 1 I 8'-45d BEND 1 N' DRY 1 Lll HWL 03.4 (1 '8 ) ct I H 903.4 10 YR) L W 13 H 904.1 (100 MR) PES 4 Z INV 900.0 1 0 100-8' PVC 01.01G \ '•• 84'-18'RCP� RIPRAP ITYP.) -1 = -op I8'-45d BEND 0 0.4%J \ SAN MH3 CONCRETE APRON (IYPJ �I 10. ,,, T c 9ozss / / VN 896.48 C83 / , INL @9 4/0-9055 INV 900.3� : /® C4.2 (\( •1 j\\-8' PVC 01.05 d 68' - - 'SAN MH2 \ 1 INV 8955 m \ i \\ $ INL 895VG � 0' -1-1- 2_ r - 1 SAN MH7 VC 914.55 _INV-99378 /HYDRANT & /GAZE VALVE / (TIP.) CATCH BASIN (1YP.) -18'12CP 0 0.55 SAN MH1- T/C 905.5 INV 890.83 INL 890_93_ --_ 81-8' PVC 02.5% VC 905.1 INV 900.7 (N) INV 903.0 (5) CATCH BASIN INSTALLATION (TYP.) \ �87'-18"RCP 04.6% / / POND 100 / NWL 899.0 / HW1. 899.1 (1 YR) / HWE 899.6 (10 YR) HWL 900.6 (100 TR) SETTLERSGLEN 2 N D ADD / T/ O N OU/L07 A }T- -- 80' ROADWAY -- B SAN 8,08 AND UTILITY EASEMENT PER- T DCC. N0, I 3638758 MH-6 RE 91288 E 891.8N 9UIL020 55' COORNqINA1E M11H ADJACENT DEVELOPMENT TO RELOCATE D STUB AS SHOWN ON THEIR LANS PRIOR TO CONSTRUC110N ` \ \ ._5RE 909.00 \ \\ \ \ \IE 89127NW CONNECT TO EXISTING \ E B91 275 STUB WITH 8' VALVE \ ;\ \_ / ILOO 1 co-s O \ 4,74 RE 908.81 IE 905.455� ` .1 `7 Ci CO-6 O1 RE 905.70 IE 902,79N IE 9 2.75S 8- SAN STUB IE 890,83 C0-7 RE 9040 IE 901.28N IE 901.20S \ y 'LS-15 1 IE 899.0 01 IR QU0IET DEVICE (TIP.) 8- 2 )‘1 ).4)) o00 i Jv 71-3 DRAINAGE AND 1.11ILITY EASEMENT ly OVER All OF 001101 A l/1 / MH-4 a RE .06,77 IE 890.94N 890.848 \BUILD 15.95' MH-3 RE 905.65 E 890.19N IE 890.19W 890095E BUILD 19,59' \ \J \ RE 905.11 IE 889.7581 IE 889.65E BUILD 15.4E / III UTILITY NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY PERFORMED BY CORNERSTONE LAND SURVEYING. INC., STILLWATER, MINNESOTA. ON APRIL 10, 2013, EXPRESSLY FOR THIS PROJECT. VERIFY ALL FIELD CONDITIONS AND DELITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN URUTIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION. THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 3. MAINTAIN MINIMUM 7.5' COVER ON ALL NEW WATERMAIN. PIPE LENGTHS SHOWN ARE MEASURED FROM CENTER OF STRUCTURE TO CENTER OF STRUCTURE OR END OF PARED END SECTION. 5. PIPE MATERIALS: WATERMAIN CL 52 DIP ram POLYWRAP WATER SERVICES 1' COPPER, TYPE K SANITARY PVC STIR 35 SANITARY SERVICES PVC STIR 26 STORM SEWER RCP 6. HYDRANTS SHALL BE THE PACER 100 WTH A 5 INCH STEAMER PORT STORE CONNECTION AS MANUFACTURED BY WATEROUS COMPANY, OR APPROVED EQUAL, WTH TWO BASE NOZZLE CONNECTIONS 2 1/2-INCH NATIONAL STANDARD THREAD, 7 1/2-INCH TO THE INCH AND ONE PUMPER NOZZLE WITH 4 1/2-INCH NATIONAL STANDARD THREAD, 4 TO THE INCH. 7. ALL CONNECTIONS TO CITY UTILITIES TO BE IN ACCORDANCE WITH CITY OF STILLWATER STANDARDS. 8. ALL UTILITY CONSTRUCTION TO COMPLY MATH CITY ENGINEERS ASSOCIATION OF MINNESOTA (GERM) SPECIFICATIONS. 9. ADJUST AIL STRUCTURES, PUBUC AND PRIVATE, TO PROPOSED GRADES WHERE DISTURBED. COMPLY WITH ALL REQUIREMENTS OF UTIUTY OWNERS. STRUCTURES BEING RESET TO PAVED AREAS TO MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING. 10. VERIFY ALL CONNECTIONS TO EXISTING UTILITY SERVICES PRIOR TO CONSTRUCTION. 11. CONTACT 811 FOR EXISTING UTILITY LOCATIONS 48-HOURS PRIOR TO CONSTRUCTION. ANY DISCREPANCIES BETWEEN LOCATED UTILITIES AND THE EXISTING CONDITIONS PLAN SHOULD BE NOTED AND FORWARDED TO THE ENGINEER. G NORTH 40 80 SCALE IN Ii.EI Know wsaes below. Call before Boa dig. OWNERS BROWNS CREEK WEST, LLC do JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWING PRELIMINARY PLAT SUBMITTAL 04/19/13 REVISION REVISION DATE PRELIMINARY PLAT SUMBITTAL 04/19/13 SHEET INDEX C0.1 COVER SHEEET G11 EXISTING CONDITIONS C2.1 PRELIMINARY PLAT C3.1 GRADING PLAN C3.2 EROSION CONTROL PLAN C3.2 GRA.DING DETAILS C3.3 GRADING DETAILS C4.1 UTILITY PLAN C4.2 UTILITY DETAILS C4.3 UTILITY DETAILS L1.1 TREE PERSERVATION PLAID L2.1 LANDSCAPE PLAN CERTIFICATION Oy rne. herebycertifyGhat dire p was prepared under direct plan and t o defy Licensed Profession� MInuE50iAd'r Re lows . a„naton ghirafon Na 10914 Date 04/1g/13 shown a digital reproduction a Signature groat. Wet signed copy of Isis pl on Deveop eras nt Consulting.request of RHOS Rie and a R H O Development Consulting P.O. BOB 357 LONG LAHS, MN 55356 PHONESO4JGd004 PAL0124764176 SHEET UTILITY PLAN PROJECT N0. WHI04001 C4.1 FILE G401Ww01.DWG 919.E rf� <; _7 / I 9013.8 X r8ENCu M94— FRA ITOP P K. NAIL ELEV.i IIAvNAF! COL/N i"Y V/W RLA T NO. Lt._ • I (MCKUSICK RD N.) N.) COUNTY RD. NO. 64 ✓/A HIND % A✓ C ! N I )t' 1 `-l7 O% WAY 0L A 7 n,0. 1 / — RR01,1405 7 r/ /RAIL 916 HEAVY DUTY SILT FENCE (TIP.) S E l`1 / E N .S \G L L N SILT FENCE (TYP.) 2 N 0 V A OLIILOT A AUDITION AMOS T Y ABD LITYP a ( 1 a 914 1 1 WASHOUT AREA ROCK CONSTRUCTION ENTRANCE INSTALL HEAVY DUTY SILT FENCE A INFILTRATION POND GRADING Z I-- h TINY DUTY 05 SILT FENCE (TAP.) 1-7 11 1\ INSTALL RtApt 8DTY STv POND�GRAOR \ N6\7) DRAINAGE AND UTILITY LA`_or1ENT LEI, OVER ALL or N III EROSION CONTROL NOTES I. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURREY PERFORMED BY CORNERSTONE LAND SURVEYING. INC., STILLWATER, MINNESOTA, ON APRIL 10, 2011 EXPRESSLY FOR THIS PROJECT, 2 FOLLOW ALL LOCAL, COUNTY, WATERSHED, AND STATE REQUIREMENTS COVERING 5T0RMWATER COMPLIANCE. 3. INSTALL SILT FENCE AND ROCK CONSTRUCTION ENTRANCE PRIOR TO COMMENCING GRADING ACTIVITIES. 4. INSPECTIONS SHALL BE CONDUCTED BY THE CONTRACTOR ONCE EVERY SEVEN (7) DAYS DURING ACTIVE CONSTRUCTION AND WITHIN 24 HOURS AFTER A RAINFALL EVENT GREATER THAN 0.5 INCHES 1N 24 HOURS. 5. A5 GRADING IS EXECUTED, THE CONTRACTOR SHALL MAINTAIN / INSTALL SILT FENCE, ROCK ENTRANCES, CATCH BASIN PROTECTION AND DITCH CHECKS AS SHOWN ON THE PLAN TO MINIMIZE RUNOFF OF SEDIMENT. 6. ADJACENT STREETS TO BE SCRAPED CLEAN DAILY AND SWEPT CLEAN WEEKLY OR MORE OFTEN AS NEEDED, Z. THE CONTRACTOR SHALL UNIT THEIR ACTINDES TO THE GRADING LIMITS SHOAT/ ON THE GRADING PLAN. ALL CONSTRUCTION ACTIVITIES SHALL COMPLY WITH LOCAL ORDINANCE. THE CONTRACTOR SHALL SCHEDULE THEIR OPERATIONS TO MINIMIZE THE DISTURBED AREA AT ANY GIVEN TIME. B. TEMPORARY 501E STOCKPILES SHALL HAVE SEDIMENT CONTROLS AND SHALL NOT BE PLACED IN STORM WATER CONVEYANCES OR SURFACE WATERS. 9. RESTORATION: A. ALL DISTURBED NON —PAVED AREAS SHALL BE RESTORED WITH A MINIMUM OF SIX INCHES (6') OF TOPSOIL AND SEED AS DIRECTED BY THE ENGINEER. WITHIN 7 DAYS FOLLOWING COMPLETION OR SUSPENSION OF GRADING ACTIVITY IN THAT PARTICULAR AREA. B. ALL SEED, SOD, MULCH AND FERU2ER PLACEMENT SHALL CONFORM WITH MnDOT SPECIFICATION 2575. AND AS MODIFIED BELOW: LIEN Mn8OT SPEGIFIDATON NDM2ERN . SEED — EROSION CONTROL 3875 (TYPE 250 070 LB/AC.) MULCH — HYDROMULCH WITH TACTFIER 3882 (TYPE 8 HYORAUUC SOIL STABILIZER) FERTUZER 3881 10. ALL SEEDING USED ON THIS PROJECT SHALL BE CERTIFIED TO BE OF MINNESOTA (OR A5 SPECIFIED) ORIGIN BY THE MINNESOTA CROP IMPROVEMENT ASSOCIATION (MCIA). DOCUMENTATION VERIFYING THE ORIGIN OE THIS SEED IS TO BE PR040ED TO THE LANDSCAPE ARCHITECT AT LEAST 30 DAYS PRIOR TO INSTALLATION DATE. 11. FOLLOW SEEDING METHOD, SEEDING INSTALLATION, AND SIZE PREPARATION AS PER MnDOT SPECIFICATION 2573,3 AND THE MnDOT SEEDING MANUAL 2007 UNLESS NOTED OTHERWISE ON THE LANDSCAPE PLANS OR IN THE SPECIFICATION BOOKLET. 12. SEE SWPPP PLAN FOR ADDITIONAL REQUIREMENTS. II LEGEND ESL" C' SILT FENCE INSTALLED PRIOR TO ROUGH GRADING ROCK CONSTRUCTION ENTRANCE CATCH BASIN PROTECTION 50D (ALL OTHER DISTURBED NON —PAVED AREAS TO BE SEEDED) FIBER BLANKET ALL OTHER AREAS EROSION CONTROL Mn00T 250 SEED MIXTURE APPUED WITH HYDROMULCH W/ TACTIf1ER BWSR MIXTURE 33-261 BROADCAST SEEDING GRASS — SEEDING RATE P1S 15 IRS/AC. F0R8 — SEEDING RAZE PIS 5 LBS/AC. TEMPORARY — BWSR MIXTURE 21-111 OATS COVER CROP SEEDING RAZE PIS 20 LBS/AC. REFER TO SHEET L1.1 FOR TREE PRESERVATION PLAN NORTH 40 80 5c.+1.F. IN FEET n 9,81,Cs De10 K Call before you Elg. BROWNS CREEK WEST, LLC do JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWING PRELIMINARY PLAT SUBMITTAL 04/19/13 REVISION REVISION DATE PRELIMINARY PLAT SIJ*BITTAL 04/19/13 SHEET INDEX C0.1 COVER SHEEET C1.1 EXISTING CONDITIONS C21 PRELIMINARY PLAT C31 GRADING PLAIN C3.2 EROSION CONTROL PLAN C3.2 GRADING DETAILS C3.3 GRADING DETAILS C4.1 C4.2 G4.3 LI.1 L2.1 UTILITY PLAN UTILITY DETAILS UTILIiV DETAILS TREE PERSERVATION PLAN LANDSCAPE PLAN CERTIFICATION ored byame y rr and that direct su supervision, ion, ond MNa S vn°Ee uill, Iaxs I MINNESOTA, rNbnston gistratlon a Dote:04/19/13 Signature shown' 4°igiIM reproduction origin, Wet signed copy of Ihls pion is n file und Development Consulting, request R H Development Consulting P.O. BOX 357 LONG LAKE, MN 55356 PNONLp3JR4W PAL 1YS16CP16 SHEET EROSION CONTROL PLAN PROJECT NO. WHI04001 C3.2 FILE C,302WIH101.1WG ON cOLINHVW /LA7 N� sus (MCKUSICK RD. N.) COUNTY RD. NO. 64 12' PRIVATE RAILROAD CROSSING PER DOC. N0. WASH/NGTON COON T-f2Fj/CHT OF WA Y PLAT N 0 70 — BROWNS CREEK TRAIL \ Tl vv ' (II 2 \ 3 \ l) , \ \ L _ / \ \ / \ \ \ \ / Pd�DECIDUOUSTREE\ / 1 PLANTING (TIP.) 5E 1 11 Eh'S GC E N 2ND ADD! T/ON 0037(0 A 80. ROADWAY AND UTILITY — EASEPENT PER-, I"' DOC. NO. 3638758 02 651 L7 \ cn \ o ‘ZG),) oC5—1 \\ <0, i__ 2 1 DRAINAGE AND 11ILITY EASEMENT VJ OVER ALL OF GU It OT A N 13 ® LANDSCAPE NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURREY PERFORMED BY CORNERSTONE LAND SURVEYING, INC., STILLWATER. MINNESOTA, ON APRIL 10, 2013, EXPRESSLY FOR MIS PROJECT. 2. VERIFY ALL FIELD CONDITIONS AND UTILITY LOCATIONS PRIOR TO EXCAVATION/CONSTRUCTION. IF ANY DISCREPANCIES OR UNKNOWN UTILITIES ARE FOUND THAT IMPACT DESIGN OR IMPAIR CONSTRUCTION, THE ENGINEER AND OWNER SHOULD BE IMMEDIATELY NOTIFIED. 3 LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR FINISHED GRADING AND POSITIVE SURFACE DRAINAGE IN ALL LANDSCAPE AREAS. LANDSCAPE CONTRACTOR MUST ENSURE THAT THE FINAL GRADES ARE MET AS SHOWN ON GRADING PLAN. IF ANY DISCREPANCIES ARE FOUND, IMMEDIATELY NOTIFY LANDSCAPE ARCHITECT FOR RESOLUTION. 4. ALL PLANT MATERIALS ARE 10 CONFORM WITH STATE 1 LOCAL CONSTRUCTION STANDARDS AND THE CURRENT ADDITION OF THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS. ALL PLANT MATERIALS ARE TO BE HEALTHY, HARDY STOCK, AND FREE FROM ANY DISEASES, DAMAGE. AND DISFIGURATION. 5. QUANTITIES OF PLANTS USTED ON THE PLAN ARE TO GOVERN ANY DISCREPANCY BETWEEN THE QUANTITIES SHOWN ON THE PLANT SCHEDULE AND PLAN. PLACE PLANTS IN PROPER SPACING FOLLOWING LAYOUT FIGURES. PLANT SCHEDULE 6. APPLY FOUR (4) INCH DEPTH OF SHREDDED HARDWOOD DARK MULCH IN FOUR (4) FOOT DIAMETER RING AROUND ALL TREES LOCATED IN TURF AREAS. NO VINYL EDGING IS REWIRED FOR TREES LOCATED IN SHRUB BEDS AND SEEDING AREAS. T. SOD SHOWN ON LANDSCAPE PLAN TO BE INSTALLED BY LANDSCAPE CONTRACTOR. 50D TO DE MNDOT 367B.2A, FREE OF WEEDS AND DISEASE. APPLY MINIMUM SIX (5) INCHES OF TOPSOIL AND THOROUGHLY FERTILIZE TOP TWO (2) INCHES BEFORE LAYING 50D. LANDSCAPE CONTRACTOR TO MAINTAIN SODDED AREAS IN HEALTHY CONDITION. B. PLANTING SOIL FOR BACKFIWNG TO BE TOPSOIL TO WHICH IS ADDED 3 LOS OF SLOW RELEASE COMMERCIAL FERTILIZER AND 1/5 YARD OF PEAT HUMUS PER CUBIC YARD. TOPSOIL TO BE MNDOT SELECT TOPSOIL BORROW 3877B. 9. SPREAD PLANNNG SOIL AT MINIMUM EIGHTEEN (1B) INCH DEEP IN ALL PERENNIAL BEDS PRIOR TO PLANTING. 10. FOLLOW LANDSCAPE DETAILS FOR ALL INSTALLATION. UNLESS OTHERWISE NOTED. 11. LANDSCAPE CONTRACTOR TO MAINTAIN PLANTS IN HEALTHY CONDITION THROUGHOUT GUARANTY PERIOD. THE GUARANTY PERIOD IS TWO GROWING SEASONS FROM DATE OF PROVISIONAL ACCEPTANCE UNTIL FINAL ACCEPTANCE KEY DUANT. COMMON NAME SCIENTIFIC NAME SIZE ROOT COND. MATURE SIZE DECIDUOUS TREES C) 8 AUTUMN BLAZE MAPLE ACER X FREEMANII 'JEFFERSREO' 2.5- CAL B&B 40'11 X 4011V //yy���, 10 GREENSPIRE UNDEN TIUA CORDATA 'GREENSPIRE' 2.5" CAL B&B 4501 X 30'W 101 I I I_I I I 1-11 I —I 11—II11 III II I I I I I MOUND SUBGRADE SCARIFY BOTTOM AND SIDES OF PIT PRIOR TO PLANTING SUBSTITUTIONS: IF ANY SUBS11U30N5 ARE REQUIRED, SUBMIT WRITTEN DOCUMENTS AND PROPOSED SUBSTITUTIONS TO LANDSCAPE ARCHITECT FOR APPROVAL 5 DAYS PRIOR TO PURCHASE AND/OR INSTALLATION. DOUBLE STRAND 14 GA WIRE 3' 0 120 DEGREE RITERVALS 16" POLY PROPYLENE OR POLYETHYLENE, 40 MI, 1-1/2" WIDE STRAP TREE WRAP TO FIRST BRANCH ROOT FLARE AT FINISHED GRADE OR FIRST MAJOR BRANCHING ROOT AT 1 INCH BELOW SOIL LINE MULCH, EDGING, & DISH RING (SEE LANDSCAPE NOTES) CUT AND REMOVE TOP 1/3 BURLAP (MIN), WIRE BASKET, AND ALL NYLON CORD INDIGENOUS SOIL BACKFILL WATER A TAMP TO REMOVE AIR POCKETS NOTES MAINTAIN TREE IN PLUMB POSITION THROUGHOUT THE GUARANTY PERIOD (SEE SPECIFICATIONS). TREE STAKING AND ITS METHOD ARE OPTIONAL TO CONTRACTORS. TWO ALTERNATIVES ARE SHOWN. DECIDUOUS TREE PLANTING NO SCALE REFER TO SHEET C3.2 FOR EROSION CONTROL PLAN NORTH 0 40 80 S C A I.E IN F. F. Know what's below. Cal before you dig. OWNERS BROWNS CREEK WEST, LLC do JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWING PRELIMINARY PLAT SUBMITTAL 04/19/13 REVISION REVISION DATE PRELIMINARY PLAT SUMBITTAL 04/19/13 SHEET INDEX COT COVER SHEEET C1.1 EXISTING CONDITIONS C2.1 PRELIMINARY PLAT C3.1 GRADING PLAN C3.2 EROSION CONTROL PLAN C3.2 GRADING DETAILS C3.3 GRACING DETAILS C4.1 4.2 C4.3 UTILITY PLAN UTILITY DETAILS UTILITY DETAILS L1.1 TREE PERSERVAPON PLAN L2.1 LANDSCAPE PLAN CERTIFICATION hereby perer, th t was Prev by me. v my this supervision, on thatTor n l Licensed Landscape MINIESOTA�der the lows of the d 3,1 glstratlan No:4.5059 Dote:On/19/13 Signature shown is a digital reproduction of Wet signed copy of IMP Plan le an Consulting, requestRHO 0 Development Development Consulting P.O. BOX 357 LONG LAKE, MN 55356 THOME10U tlMW ESLOM4KYA4 SHEET LANDSCAPE PLAN PROJECT N0. WHI04001 L2.1 FILE L201YM101.0WG ,20 WASHlNCTON I;OONTY RAW PLANO.1 35 c_ 7 \— - _ 9T8- r I h I G I v l -3- I 1 j- I j. I I I I 1 it 1 4.1 C0 h (MCKUSICK RD.N.) COUNTY RD. NO. 64 -12'-PRIVATE RAILROAD - CROSSING PER DOE No. - i WASH/NGTON C0LN?P2 l6HT 05 WA 1' PLAT 1 NO. 170 — BROWNS CREEK" TRAIL E/ I /I I t 130ROADWAY - AND UTILITY -EASEMENT PER DOG N0. _./5387755 1 __ __914- - - SIG \ ADJJST BERM AS NEEDED TO 2, \ AVOID ANY SIGNIFICANT TREES SET\5L E RS \GL f N 2 N D \ OUTLOT A \ HEAVY DUTY SILT FENCE (TYP.) A 01)1 T10/V f45) I\ II n I / v 1 �� \ \ \ \/ v\ \/i f\ \ \ N II \ 30 1 \ \ \ 11? I \` II I /\\ X, \\ 1 \ ( �.. A Ft._ / J& 3 l0/ h q F` DRAINAGE AND UTILITY CASEMENT �, OVER ALL OF /\ / 111 LANDSCAPE NOTES 1. BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY PERFORMED BY CORNERSTONE LAND SURVEYING, INC., STILLWATER, MINNESOTA. ON APRIL 10, 2013, EXPRESSLY FOR THIS PROJECT. 2. NO VEGEIAPON CLEARING TO BE STARTED WITHOUT COORDINATION 16TH THE OWNER'S REPRESENTATIVE. TREES TO BE SAVED AND/OR REMOVED TO BE MARKED PRIOR TO ANY REMOVAL 3. INSTALL SILT FENCE PRIOR TO COMMENCING GRADING ACTIVITIES, TREE PROTECTION FENCE SHALL BE INSTALLED AROUND THE DRIP UNES OF TREES TO BE SAVED. SILT FENCE MUST BE INSTPECIED BY CITY STAFF PRIOR TO ANY SITE WORK. MAINTAIN FENCES FOR DURATION OF CONSTRUCTION ACTIVITIES. 4 N0 MATERIALS. VEHICLES, OR EQUIPMENT CAN BE STORED WITHIN THE TREE PROTECTION AREAS. 5. NO TRIMMING OR CLEARING DAL( STANDS 15 ALLOWED BETWEEN APRIL 15 AND JULY 1. 6. PROTECT ALL TREES AND UNDERSTORY NOTED TO BE SAVED. DURING THE CONSTRUCTION, IF TREES NOTED TO BE SAVED ARE DAMAGED AND CONSIDERED LOST PER THE GINS STANDARDS, CONTRACTOR IS RESPONSIBLE FOR REQUIRED REPLACEMENT AND FINANACIAL PENALTY. 7. SEE LANDSCAPE PLANS AND SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS. TREE PRESERVATION SCHEDULE REMOVE TREE D.B.H. HT. COMMON NAME SCIENTIFIC NAME X TR 2601 15 SUGAR MAPLE ACER SACCHARUM X 16 2602 7 PAPER BIRCH BETULA PAPYRIFERA X 11 SUGAR MAPLE ACER SACCHARUM X®'.t 12 ASH ERA0NUS SPP. X 111 2805 8 FRAXINUS SPP. 18 ASH FRAXINUS SPP. ©®.'r 10 ASH FRAXINUS SPP. TR 2806 20 COTONW000 POPULUS DELTOIDES 1R 2809 25 SILVER MAPLE ACER SACCHARINUM TR 2810 25 SILVER MAPLE ACER SACCHARINUM TR 2811 20 SILVER MAPLE ACER SACCHARINUM TR 2812 6 ASH FRAXINUS SPP. 1R 2813 25 C0T0NW00D POPULUS DELTOIDES TR 2814 35 COTONW000 POPULUS DELTOIDES TR 2615 11 ASPEN POPULUS TREMULOIDES TR 2816 6 SUGAR MAPLE ACER SACCHARUM TR 2817 7 RED OAK GUERCUS RUBRA TR 2818 VOID 1R 2819 10 ASPEN POPULUS TREK/LODES 12 ASPEN POPULUS TREMULOIDES 14 ASPEN POPULUS TREMULOIDES =I® ASPEN POPULUS TREMULOIDES 1R 2823 10 ASPEN P001LS TREMULOIDES TR 2824 35 COTONWOOD POPULUS DELUDES TR 2825 14 ASH FRAXINUS SPP. TR 2828 12 SUGAR MAPLE ACER SACCHARUM IR 2827 10 ASPEN POPULUS 1REMULODES IR 2828 8 ASPEN POPULUS TREMULOIDES 1R 2829 20 SILVER MAPLE ACER SACCHARINUM TR 2830 20 SILVER MAPLE ACER SACCHARINUM TR 2831 20 SILVER MAPLE ACER SACCHARINUM 1R 2832 25 SILVER MAPLE ACER SACCHARINUM TR 2833 11 ASPEN POPULUS TREMULOIDES 1R 2834 11 ASPEN POPULUS 1REMULOIDES 1R 2835 9 ASPEN POPULUS TREMULOIDES 16 2836 11 ASPEN POPULUS TREMULOIDES 1R 2837 12 ASPEN POPULUS TREMULOIDES 111 2838 12 ASPEN POPULUS TREMULOIDES 1R 2839 11 ASPEN POPULUS TREMULOIDES TR 2840 12 ASPEN POPULUS TREMULOIDES IR 21341 10 ASPEN POPULUS TREMULOIDES IR 2642 14 OBL PAPER BIRCH BE1UTA PAPYRIFERA 1R 2643 10 ASPEN POPULUS TREMULOIDES IR 2844 8 ASPEN POPULUS TREMULOIDES TR 2845 22 C0T0NWOOD POPULUS DELTOIDES -TR 2846 10 ASPEN POPULUS TREMULOIDES TR 2847 TR 2848 8 ASPEN POPULUS TREMULOIDES 9 ASPEN POPULUS TREMULOIDES TR 2849 7 ASPEN POPULUS TREMULOIDES TR 2850 9 ASPEN POPULUS TREMULOIDES TR 2851 9 ASPEN POPULUS TREMULOIDES TR 2852 9 ASPEN POPULUS TREMULOIDES TR 2853 11 ASPEN POPULUS TREMULOIDES TR 2854 11 ASPEN POPULUS TREMULOIDES TR 2855 12 ASPEN POPULUS TREMUL0DE3 TR 2856 11 ASPEN POPULUS TREMULOIDES 1R 2857 1/ ASPEN POPULUS TREMULOIDES 1R 2858 it ASPEN POPULUS TREMULOIDES TR 2859 7 ASPEN POPLRUS TREMULOIDES TR 2860 7 ASPEN POPULUS TREMULOIDES TR 2861 VOID TR 2862 VOID 1R A 15 20 SPRUCE PICEA SPP. TR 8 15 25 SPRUCE PICEA SPP. TR C 15 25 SPRUCE PICEA SPP. TR D 12 20 SPRUCE PICEA SPP. TR E 12 25 SPRUCE PICEA SPP. X 1R F 15 25 SPRUCE PICEA SPP. X TR G 15 25 BLUE SPRUCE PICEA GLAUCA X 18 H 7 15 FIR ABIES SPP. X 1R I 12 20 FIR ABIES SPP. X TR J 12 20 JACK PINE PINUS BANKSIANA X 1R K 20 35 WHITE PINE PINUS STROBUS TR 1 20 35 WHITE PINE PINUS SIROBUS X TR M 10 25 SC01H PINE PINUS SVLVESTRIS TR N VOID X 1R 0 9 20 SCO1H PINE PINUS SYLVE51R15 _ X 12 30 SPRUCE PICEA SPP. X TR O 15 35 BLUE SPRUCE PICEA GLAUCA TR R VOID TR 5 VOID 1R T V00 V \\ /•TREE PRESERVATION SUMMARY \ )/ \ // i // /II LEGEND 4)10 EXISTING TREE X ON REMOVED TREE AREA OF EVERGREEN TREE ROWS TO BE REMOVED (EXEMPT FROM TREE PRESERVATION ORDINANCE) AREA OF TREE CLEARING - -- '- HEAVY DUTY SILT FENCE U TOTAL EXISTING SIGNIFICANT TREES ON -SITE 75 TREES 21 TREES (2870 TOTAL REMOVE SIGNIFICANT TREES TOTAL EXISTING SIGNIFICANT TREES ON -SITE 999 DBH. TOTAL REMOVED EXISTING SIGNIFICANT TREES 262 DBH. (26.214) TOTAL REMOVED CROWN COVER OF SIGNIFICANT TREES 28.2X (NO REPLACEMENT REQUIRED) TOTAL AREAS OF EXISTING CROWN COVER (EXEMPT EVERGREEN TREE ROWS) 53.720 SF. TOTAL AREAS OF REMOVED EXISTING CROWN COVER 18.154 SF. (30.170 KnowwheCs below. (N0 REPLACEMENT REQUIRED) Call 6elwe you dig. IMMI Mal EVERGREEN TREE ROW UNITS (EXEMPT FROM TREE PRESERVATION ORDINANCE) NORTH 40 80 SE. .ALE. IN PERT OWNERS BROWNS CREEK WEST, LLC do JON WHITCOMB PO BOX 128 STILLWATER, MN 55082 PROJECT BROWNS CREEK PRESERVE STILLWATER, MINNESOTA DRAWING PRELIMINARY PLAT SUBMITTAL 04/19/13 REVISION REVISION DAZE PRELIMINARY PLAT SUMBITTAL 04/19/13 SHEET INDEX C0.1 COVER SHEEET C1.1 EXISTING CONDITIONS C2,1 PRELIMINARY PLAT C3., GRADING PLAN C3.2 EROSION CONTROL PLAN C3.2 GRA.DING DETAILS C3.3 GRADING DETAILS C4.I C4.2 C4.3 UTILITY PLAN UTILITY DETAILS UTILITY DETAILS L1.1 TREE PERSERVATION PLAN L2.1 LANDSCAPE PLAN CERTIFICATION hereby cert;ly that thisplanwas epared C^ me. or under my direet supervision, Licensed La scepe' rAitecl under the lows of the MIN1NE90TA. 114 gistrollon 1.1,5059 Dote: 04/19/13 Signature shown is a digital reproduction of anginal. Wet signed copy of PM Plan 6 on and Development eble upon Consulting. Consulting. requestof RHO Development Consulting P.O. BOX 357 LONG LABE, MN-55356 PROTOB 1122-312-41104 PAL/12,176111/6 SHEET TREE PRESERVATION PLAN PROJECT NO. WHI04001 L1.1 FILE 1.101WHIDI.OW0 flwater t� F 83ATH A A r; E 0 M I1!NF 1O , A Planning Commission DATE: May 9, 2013 CASE NO.: 2013-13 APPLICANT: Corey Fedie, Director of Facilities PROPERTY OWNER: Lakeview Hospital REQUEST: Amend special use permit to convert existing church to business office for Lakeview Hospital. LOCATION: 850 Churchill Street COMPREHENSIVE PLAN DISTRICT: Low/Medium Density Residential ZONING: RB - Two -Family Residential PC DATE: May 13, 2013 REVIEWER: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 1984, a special use permit was issued to First Church of Christ Scientist to construct a new church on two parcels at 850 Churchill Street. The church was approved at approximately 2,000 square feet with 14 parking spaces. The property includes two lots, each approximately 15,000 square feet in area. REQUEST The applicant requests to amend the special use permit for Lakeview Hospital to use the existing church building for as a business office for the hospital. The building will not be used for any patient care functions. EVALUATION OF REQUEST Sec. 31-315 of the Zoning Ordinance (Allowable uses in residential districts) notes that hospitals may be allowed in the RB - Two -Family Residential District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 101 Water Street S Page 2 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as RB - Two -Family Residential which allows hospitals by special use permit. The request is to convert an existing church to an accessory office for the hospital. This use is compatible with the surrounding area and conforms to the intent of the zoning code and all other legal controls. Parking requirements for offices are one space per 300 square feet. For a 2,000 square foot building, seven spaces would be required. With 14 spaces available on site, existing parking is more than adequate. Because the parking area is on a separate lot than the building, as a condition of approval the lots should be combined or a cross - easement agreement should be prepared and recorded against the properties. 2. Any additional conditions necessary for the public interest have been imposed. Staff recommends the conditions listed below to protect the public interest. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The proposed change to the special use permit will not affect parking demand, be injurious to the neighborhood or otherwise detrimental to the public welfare. ALTERNATIVES The Planning Commission has the following options: 1. Recommend the City Council approve the request in whole or in part. 2. Recommend the City Council deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is June 17, 2013 but the review period can be extended for another 60 days. STAFF RECOMMENDATION Recommend approval of the special use permit amendment as conditioned. CONDITIONS FOR APPROVAL Staff recommends the following conditions of approval: 1. This special use permit amendment allows conversion of the existing church building to an accessory business office for Lakeview Hospital. No patient care related functions are permitted. No office uses unrelated to Lakeview Hospital are allowed. 2. The two existing lots shall be combined into one lot or a cross -easement agreement shall be prepared and recorded against the properties. Attachments: Vicinity Map Location Map Applicant's form c6 PLANNING ADMINISTRATION APPLICAI'I?ORM APR 1 F ' i3 COMMUNITY DEVELOPMENT DEPARTMENT Community Development Department CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 86082 X Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: U f j 3V I B Date Filed: Base Fee: $200 Technology Fee: $25.0 Receipt No.: 4'6 3 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. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted In paper and In pdf format. Review the Checklist to the Planning Administration Applcatlon Form for the complete list of required items that must be submitted. 4pv incomplete application or supnortina material will cause your application to be rejected by the City. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. 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 33.030.20.21.0038 & Address of Project 850 Churchill Street W. 33.030.20.21.0039 J Assessor's Parcel No. (GEO Code) Complete Property Legal Description* See attached for complete legal of both lots. (*Required -Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District RB Description of Project Convert Church property now owned by Lakeview Hospital into business office use for purposes of non -patient care business functions. "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." Required Property Owner Lakeview Memorial Hospital Mailing Address 927 Churchill Street West City - State — Zip Stillwater - MN - 55082 Telephone No. 651-439-5330 Email Signature S:\PLANNINOADMINISTRATION\FORMSIPLANAPP.DOCX If other than property owner Representative Corey Fedie - Dir. Of Facilities Mailing Address City - State — Zip Telephone No. 651-430-4519 Email corey.j.fedie@lakeview.org Signature January 29, 2013 (Signature is required) Location Map Legend 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 1 WATER R21W R2OW R19W R22W R2IW R2OW Vicinity Map 0 208 Scale in Feet mf a..m19 a n....aa. mApum ra i•poarfnn m I. wont r may apnea. n ww,z cw.ay.... n.draw. oua a used .>.r.r$s. p for wmopai cm.oyn nol seasI�i'iiw°�enc. tvsu+.r.+.an.. n..a aw un.a.n •saw .uuun.mn vMaw e M4was mia illwater = red a to ei+ v;, A t e o f m i.I N t s o r A Planning Commission DATE: May 9, 2013 PROPERTY OWNER: LDL Company CASE NO.: 2013-14 APPLICANT: Ryan Lettner, Quickfire Pizza REQUEST: Special use permit amendment for proposed patio/outdoor eating for Quickfire Pizza LOCATION: 116 Main Street S COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District PC DATE: May 13, 2013 REVIEWERS: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In May 2012, the applicant received a special use permit to convert the retail space at 116 Main Street S to a wood -fired pizza restaurant. Because the use changed from retail to restaurant, parking demand increased, and a variance was granted to the on -site parking requirements. As a condition of variance approval, the increased parking demand in the downtown parking district was mitigated by requiring the purchase of monthly parking passes for the downtown parking lots. REQUEST The applicant is requesting to amend their special use permit to allow a new exterior patio for Quickfire Pizza behind the building at 116 Main Street S. Outdoor eating establishments in the Central Business District require a special use permit approved by the City Council. The Heritage Preservation Commission reviewed and approved a design review permit for the patio at their May 6, 2013 meeting. The proposed patio location is surrounded on three sides by existing buildings (see photograph below). The patio will seat 28 and be accessed from a rear door in the restaurant. The applicant will grade the existing gravel -surfaced area and install a stamped -concrete patio. Drainage will be directed to an existing storm sewer. The 116 Main Street S Page 2 applicants also plan to construct two pergolas and add lattice to screen the east wall. A solid cedar gate would enclose the patio from the adjacent private parking lot. Ceiling fans, lighting and sound system speakers are also proposed. The fire pit shown on the plans was not approved by the Fire Marshall and is no longer part of the project. Requested hours of operation are 10:00 am to 10:00 pm, seven days a week, from April 1st to November 31st. Current hours of operation are from 11:30 am to 9:00 pm, Monday through Thursday, 11:30 am to 10:00 pm Friday and Saturday, and 12:00 pm to 8:00 pm on Sunday. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outdoor eating establishments may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 116 Main Street S Page 3 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District, which allows outdoor eating establishments by special use permit. Because of its location, the patio will not be visible to the public or interfere with pedestrian or vehicular circulation. The expanded seating will create additional parking demand. The patio is 22 feet by 27 feet or 594 square feet. At the rate of one parking space per 120 square feet of area as required by the Zoning Ordinance, parking demand will increase by five spaces. The required spaces cannot be provided on site. In keeping with the conditions of the variance approval, five additional monthly parking permits must be purchased from April to November to mitigate the increased parking demand created by the new outdoor eating area. Building permit plans will need to be approved by the City Engineer, Fire Marshal and Building Official prior to issuance of a building permit for construction of the patio and pergola. Because of the increase in seating capacity, a Sanitary Sewer Access Charge determination will need to be made by the Metropolitan Council. The applicant must submit a Determination Letter to the Metropolitan Council. Washington County Department of Public Health and Environment regulates eating establishments and will require a plan review and approval for the addition. The applicant should also consult with the City Clerk about any required revisions to their liquor license. The proposed use otherwise conforms to the intent of the Zoning Ordinance and all other legal controls. 2. Any additional conditions necessary for the public interest have been imposed. To protect the public interest, staff recommends the conditions listed below. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Residential units are present on the upper floor of buildings immediately adjacent to the proposed patio. Potential nuisances from the patio that could affect residents include loss of privacy, light, glare and noise. The applicant is planning to construct a pergola to reduce the visibility of the patio from residences above. To minimize light and glare, staff recommends requiring lighting to be downward directed and shielded to prevent glare. The applicant has requested to install sound system speakers on the patio for ambient music. Once installed, the volume and style of music for outside eating areas has historically been difficult to monitor and control. Therefore, staff recommends limiting the use of speakers on the patio to no later than 9:00 pm. 116 Main Street S Page 4 ALTERNATIVES The Planning Commission has the following options: 1. Recommend the City Council approve the request in whole or in part with the recommended conditions or as amended by the Planning Commission. 2. Recommend the City Council deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is June 18, 2013 but the review period can be extended for another 60 days. STAFF RECOMMENDATION Recommend approval of the special use permit amendment as conditioned. CONDITIONS FOR APPROVAL Staff recommends the following conditions of approval: 1. The property owner or applicant shall purchase five additional monthly parking permits each year between April and November to mitigate the increased parking demand created by the new outdoor eating area. 2. Building permit plans shall be approved by the Fire Marshal and Building Official prior to issuance of a building permit for construction of the patio and pergola. 3. The applicant shall submit a Sanitary Sewer Access Charge Determination Letter to the Metropolitan Council. 4. The applicant shall receive all appropriate Washington County Health Department approvals. 5. The applicant shall revise their liquor license with the City of Stillwater prior to serving alcohol on the patio. 6. Lighting shall be downward directed and shielded to prevent glare. 7. The use of speakers on the patio shall be limited to the hours between 11:30 pm and 9:00 pm. 8. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Attachments: Location Map Applicant's form, letter and plan i �� z. a'E"�7" h£ y *t •} fi.'SF 'F*' • R21W R20W RI9W 0-�Na .;,,,.✓ � .✓'"" _ � ..T� . ■ 1 (-p�, kj N d.s +�. .,1 t 6 '. is. ,r T32N■if T32N T31N II " HERE ' ✓. \. t T30N M at TION .. ,• P ...- a.� "pp�'P�i.,. 1{ ,may *� , y ; . ... T28N 11 Iliari T28N R22W R2IW R2OW Vicinity Map ' e • 4 i act ..... 0 114 �^• t�'1� �(�1/. sz I Scale in Feet 1 �k l z r4 S l .'! �' .Gi• w'"/y55y. - 3 A� rt� A j k ".:. t Y It .w1..** . F .YK :' f;�•�j/ r7_f >� tJ ��', a Tha a..w �e un reaemmnw� v. . ..,.� .. "� =f' w T"t �"'• TMarawiresnuoin au dimr reference _ . -.. '; ..;l ♦ .. } .. y1 _ s • `, / resono o<r any �w en, . �. mil {" � ....-..�"� F deumo WeWMlun County Sung... Location Map , Y1 I J. .. ff� pore 0517 430-e1115 �' Parcel dos baseman As4o0 n arn Mf.b,26.90/3 .VVn... Ap1959019 Location Map Legend 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 PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Case No: Date Filed: Base Fee: Technology Fee: $25.00 e0 95' Receipt No.: 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. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Applcation Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. 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 Ha Ma(n 54-, Soulh Assessor's Parcel No. aP3e 99/4e Complete Property Legal Description* Lois 3+9, block ,2,40 (GEO Code) ., (*Required - Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District C' D Description of Project CO n cat t, p o h o o.fV Co f 1S4-iu C±t o r © Celt( p aC a a... "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." j Required Property Owner A//Chi cf J. L y �t�! Mailing Address ,'/Y S. 1114,,n/ S T. City - State - Zip ilt./4k /7 //7,tf, S-SOPA Telephone No. 657- (/.n- /Y'i0Z Email "Fie.. C 1 y�Isl�ortli�i%�• l'dv i Signature (Sign ategs required) Representative Mailing Address cc,, ��A City - State - Zip SI- 11/1a-t\ M I 55O,Q Telephone No. t51- -I- iv Email If lher than rt7erty owner 1 Ir;ai'l S, Win t- C 1 Signature Y(. (Sign : ture is required) S:\PLANNING\ADMINISTRATION\FORMS\PLANAPP.DOCX January 29, 2013 April 18th, 2013 116 Main St S Stillwater, MN 55082 (651) 439-7009 HPC, Planning and Stillwater City Council: Please see attached documentation and applications regarding the plans for our future patio. Our property has a unique courtyard that will offer our customers a pleasant outdoor dining experience that we are hoping to take advantage of. The summary of our documents show the plans, layout and feel that we are trying to achieve. We are hoping for up to twenty-eight seats, a gas fire pit and a pergola for privacy. Depending on the changing seasons and crazy MN weather, we would anticipate the possibility of operating the patio from April 1st through November 31st. These dates will always be dependent on the weather during each year. Our hours of operation could be 10AM-10PM, seven days a week, depending on the demand. We don't plan on having any live music outdoors, however if in the future we would decide to have anything, we would apply for a permit at that time. We will be adding mood lighting and speakers to the pergola. Both the lighting and speakers are for ambiance and mood lighting. Our landlord owns all the surrounding property to the patio and we will work closely with him to insure that noise level and operating hours are suitable to everyone. Think you in,,aftvance for your consideration. Si cerely, Ryan Lettner Quickfire Pizza (651) 439-7009 ONO IMMO IMO F 8' gate to private parking lot 8' gate to private parking lot Ceding Fan nth ;ieht • Hang ng Lght Lat'. ce up sva' Existing stone tvalls Cedar Gate 20'x10' • pergoiia 10'tall E,posed Agregate concrete s aL PLANNING REPORT REPORT DATE: May 8, 2013 CASE NO.: 2013-15 HEARING DATES: Planning Commission May 13, 2013 City Council May 21 & June 4, 2013 APPLICANT: Mark Balay LANDOWNER: Lift Bridge Brewery REQUEST: 1) Ordinance Amendment allowing Outside Sales/Special Events by SUP in the BP-O, Business Park - Office Zoning District 2) Special Use Permit for Outside Sales/Special Events to allow tap room seating area on patio LOCATION: 1900 Tower Drive COMPREHENSIVE PLAN: C, Commercial ZONING: BP-O, Business Park - Office REVIEWERS: Public Works Director, City Building Official, Fire Marshall, Police Chief, City Clerk PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Lift Bridge Brewery would like to offer outside patio seating to its tap room customers. But, the property is zoned BP-O, Business Park - Office and tap room seating is not allowed outside in this zoning district. SPECIFIC REQUEST In order to allow the outside seating area, the owners of Lift Bridge Brewery have requested an amendment to the Zoning Ordinance. Specifically, "outside sales or special events" would be added to the BP-0 Zoning District as a specially permitted use. Lift Bridge Brewery May 8, 2013 Page 2 EVALUATION OF REQUEST I. ORDINANCE AMENDMENT Tap rooms and tap room patios are not normally found in an office zoning district. Nor for that matter are breweries. However, the City was interested in having Lift Bridge Brewery establish a Stillwater home and created a nuanced amendment that allowed "limited bottling works" in the BP-0 District. Allowing a brewing facility in an office district, hand crafted or otherwise, is not normal in most cities, but Stillwater's office district is already such an eclectic mix of uses that it did not seem to the decision makers at the time to be a departure from the norm. This is especially true since it was a small operation. Subsequent to the City's decision to allow Lift Bridge Brewery to locate on Tower Drive, the State Legislature passed a law to allow craft brewers such as Lift Bridge to sell their own beer at their brewery if they applied for a tap room license. Lift Bridge received such a license and the tap room has become popular enough to desire an outdoor seating area. Running a brewery in an office district by its very nature creates some land use tension, as witnessed by the nuancing necessary to allow it in the first instance, and as the brewery expands, so too does the tension. As the Planning Commission and City Council considers this amendment request, thought should be given to deciding whether the tension potentially created by this request is still at an acceptable level. If so, the amendment may be acceptable as well. II. SPECIAL USE PERMIT If the Commission and Council find the amendment to be acceptable, then a Special Use Permit (SUP) would be needed to create and use the patio. Two issues related to this specific SUP request merit some discussion. They are public safety and parking. Public Safety The City's Public Works Director is concerned that there is no safety buffer between the 10 foot wide one-way drive and the patio. Perhaps bollards along the patio fence line every 6 feet would provide the necessary customer safety. ' The bottling machinery is limited to manual/semi-automated bottling line without a conveyor system. Lift Bridge Brewery May 8, 2013 Page 3 Parking The Police Chief has noted that when there are larger parties, events and special events at the brewery, there is insufficient off-street parking. The patio seating area will add more pressure on the parking, since it will be designed to accommodate 30 people. There will be 17 parking spaces on the brewery property after the patio is built, as can be seen in the attached graphic. In addition, Lift Bridge has a lease with Heritage Printing to the east to use a row of 14 spaces along their shared property line. This is a total of 31 spaces. How many spaces should be required? If the approximately 1,800 square feet of retail/tap room space is added to the 1,000 square feet of patio, the total area would be 2,800 square feet. The parking section of the Zoning Ordinance requires one seat for every 120 square feet of "bar" floor area (the closest comparable in the Code). This would yield a need for 24 off-street spaces. Therefore, for normal daily tap room use; there would be enough off-street parking provided. When events and large parties are scheduled, parking spills onto Tower Street. But, parking is allowed on Tower, and the road is generously wide. ALTERNATIVES A. Approval If the Planning Commission finds the requests to be acceptable, it could recommend that the City Council approve the Ordinance Amendment and the Special Use Permit with the following conditions: 1. The site shall be developed in substantial conformance with the plans dated 4/30/13 on file with the Community Development Department. 2. Signage directing customers to the overflow parking area in the Heritage Printing lot to the east must be installed. 3. Bollards must be installed every six feet along the drive aisle next to the patio, unless an alternate means of protecting the tap room customers is approved by the Public Works Director and Public Safety Departments. 4. If an event requires, and has been issued an event permit by the City, then outside vending falls under the auspices of the event permit holder. If there is no such event permit, outside food vending is not allowed2. 2 Per City Code Ch. 41-7, Sub. 2 Lift Bridge Brewery May 8, 2013 Page 4 B. Denial If the Planning Commission finds that the requests are not acceptable, it could recommend that the City Council deny them. The basis of the action should be given. C. Table If the Planning Commission believes that more information is necessary to come to a recommendation, then it could table the case. RECOMMENDATION If the Planning Commission and City Council find the amendment to specially permit outdoor seating area for the tap room to be acceptable, then staff recommends approval of the Special Use Permit with the four conditions specified in Alternative A. cc Mark Balay Attachments: Zoning & Location Map Air Photo Application materials Lift Bridge Brewery Outdoor Sales Area Special Use Permit Case 2013-15 9 nose -in spaces 7 parallel spaces 24' two-way drive aisle 4 i 14 ovetflow parking spaces by lease from Heritage Printing Lift Bridge Brewery s ,000 sf outdoo service area Wallavay n extra parking 10' wide one-way drive � � r CD 00 N a: ovc wCD CD 07 CD soo .', TOWER DRIVE WEST FRONTAGE ROAD 1500 1514 1528 1540 w 0 O O m 1501 1500 1515 1529 1541 1555 Lift Bridge Brewery 1516 1532 1548 in 1501 = 1573 WEST ORLEANS STREE 15(:!= Curve rest STILLWATEF MEDICAL GRC UP TOWER DRIVE STATE HIGHWAY 36 1516 1530 1544 1558 1572 1376 N n 1386 to A OP PARK 1281 O1 I fD ®® 1301 1300 1809 1815 1835 1570-1240 WEST FRONTAGE ROAD 1120-1242 Lift Bridge Brewery Outdoor Sales Area Special Use Permit Case 2013-15 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 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- PublicAdministration PROS - Park, Recreation or Open Space Public Works Facility ,ROAD WATER rve Lres STILL�F MEDICAL GRC UP r WEST FRONTAGE ROAD STATE HIGHWAY 36 Lift Bridge Brewery Outdoor Sales Area Special Use Permit Case 2013-15 Mark S. Balay, RA 110 East Myrtle Street Stillwater, Minnesota 55082 (651) 430-3312 4/17//13 City of Stillwater Attn: Bill TurnbIad 216 N. Fourth St. Stillwater, MN 55082 Dear Mr. Turnblad and Planning Commission Members: Michael E. Balay, RA 8482 Weaver Woods Place Noblesville, IN 46060 (317) 845-9402 Attached are application materials submitted for Lift Bridge Brewery. They wish to create an exterior patio to serve beverages outside as well as inside. As you indicated this will require a modification of the existing SUP to allow " exterior sales and events" similar to exterior eating areas downtown. You have also proposed that the best means for accomplishing this is through a concurrent zoning amendment. We are prepared and make application here to carry out both of these actions We have researched requirements and ordinances with several governing agencies and determined that the area must be fenced with a 4 ft. fence, and have a seating capacity of no more than 30 persons. This will meet state Liquor License requirements and result in one WAC/SAC being levied. The proposed area is located on existing driveway in the southeast corner of the site, and will have a direct doorway connection to the existing indoor retail area by modifying a current window location. We have attached two illustrations that will further help to explain the concept design. We propose that any additional parking capacity required be satisfied by our current shared parking arrangement with the Heritage Printing facility to the east. A portion of our proposed improvements is a paver walkway connecting our site with that parking lot. This is also illustrated in the attachments. This additional pathway is the only proposed change in impermeable surface proposed. Thanks in advance for your consideration and we will are looking forward to meeting with you and answering any questions you may have during your review of our materials and in the public hearing. Sincer ark S. Bala Mark S. Balay Architects, LIFT 3tI2GF 13F�W;RY C mO2UC-1101k/ WAHOU5. ) HI209, PKG. 191WF05- 2 O.,2OOp 5pVIa A�;A 1,000 5F ONE WAY POW LANF 4 fT .ALL 5CUPITY FFNCF PFPIMFTFP TO 51-1AIT17 PAMING PI?OPF<`TY I,;INF I ago. �'"' �' ur s I i T I N a 1 e r N l a a<: o I n A Renovation and Addition for the THE LIFT BRIDGE BREWERYPt 1900 TOWER DRIVEOM STILLWATER MINNESOTA Homan re ow MEV IR °f 50.47 PM MOO CR PRP owe raw met. neer at COMM .a two. oovolons *Oft al. r �N.Rnf. w CO Par WMl{ffitA Y A6 mat r R """�"`�" IAAISSUE OM. BM OM. BM COMMMBA G6r: B .A L Ai Y ARCHITECTS �.. Mark S. easy, RAme 51)IMeler. 1B! 66062 "°` M � 7d: ($M) 490-9913 CCU (651) Ny7-EO&1 MARK DATE iNit. DESCRIPTION A 32 'g}y 9 I n d i o a o H o l i a l n d a a a 511 \G 0 0 \G 2IAG 0 '.AM \I \G OF C A\G co N A rssuc Duc: ,,,, vvoxcl No.: ,y S I t 1 1 W o l e, M i n n e s a Mark S. Belay, RA Stlllwalar, "°g1V,',snot.1900 lei: {abfJ 1 1318 CM. (851) 80-8005 1 1 s I a e i o t o n a A Renovation and Addition for the THE LIFT BRIDGE BREWEY TOWER DRIVE STILLWATER MINNESOTA :......,A �.c /WM.,e w xww< aro avu..... ,. r.ncm w •oz arnx+w aaa- ° Nam Of If e c WAN rows PROM dr nOtt•otet et Mtn Ref. a mr aa�Na: E«EDe: €�r. , TA MARH DATE INIT. DESCRIPTION ..... 8 ;A L A Y _... ARCI ARCHITECTS I n a i a a o a i1Iwaer H t B I R I H P L A, F Of MINNFSOIA Planning Commission DATE: May 9, 2010 APPLICANT: Nancy Musser LAND OWNER: Steven Gnan CASE NO.: 2013-16 REQUEST: A special use permit for outside sales, Papa Wheelie's Bicycle and Surrey Rental LOCATION: 204 Main St N COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District PC MEETING DATE: May 13, 2013 REVIEWED BY: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 2010, the Planning Commission approved an outside sales special use permit to allow Shien Chen to operate a mobile food truck to sell Chinese food at 204 Main St N at the northwest corner of Commercial and Main Streets. The permit conditions required the food truck to operate entirely within the private property and not obstruct the public rights -of -way. The truck is not parked on the site when not in use. REQUEST The applicant requests a new special use permit for outside sales for Papa Wheelie's Surrey Rental at 204 Main Street N. Rentals will be from a small kiosk with available bicycles and surreys stored in front of the kiosk during hours of operation. Both tThe kiosk, bicycles and surreys will be located entirely on private property. The kiosk will be present seasonally, from April to October. The Heritage Preservation Commission reviewed and approved a design review permit for the kiosk and signage at their May 6, 2013 meeting. 204 Main St N Page 2 Proposed hours of operation will be Tuesday through Saturday, 10:30 am to dusk, and Sunday from 11:00 am to 5:00 pm. The applicant is requesting permission to rent up to five surreys including two four -seat models, three two -seat models and 12 single bicycle cruisers. Surreys and bicycles will be stored on site during hours of operation and off site when not in use. Proposed routes are along downtown streets and along the river. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outside sales or special events may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District which allows outside sales by special use permit. The proposed outside sales are consistent with the existing retail use of the property. This use is compatible with the surrounding area and conforms to the intent of the zoning code and all other legal controls. 2. Any additional conditions necessary for the public interest have been imposed. To protect the public interest, staff recommends the conditions listed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. During spring/ summer 2013 and 2014, there will be substantial construction activity east of Water Street by both the U.S. Army Corps of Engineers and the City of Stillwater. In addition, paving of the new Brown's Creek Trail is not expected until summer 2014. To provide a safe environment for all downtown users in the meantime, the Public Works Director and Public Safety Director shall review and approve the proposed route map before each rental season to avoid conflicts with construction equipment, motor vehicles and pedestrians. If conflicts occur, rental activity may be restricted including limiting routes, reducing hours of operation or capping the number of surreys available for rental. There is ample space on the subject property to accommodate two outside sales uses. The property owner is responsible for coordinating between both uses and assuring that all activity related to outside sales remains on private property and does not encroach into the public rights -of -way. The proposed special use permit will not affect parking demand, be injurious to the neighborhood or otherwise detrimental to the public welfare. r 204 Main St N Page 3 ALTERNATIVES The Planning Commission has the following options: 1. Recommend the City Council approve the request in whole or in part. 2. Recommend the City Council deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is June 21, 2013 but the review period can be extended for another 60 days. STAFF RECOMMENDATION Recommend the City Council approve the special use permit as conditioned. CONDITIONS FOR APPROVAL Staff recommends the following conditions of approval: 1. This special use permit allows seasonal (April to October) surrey and bicycle rentals on private property at 204 Main Street N including a rental kiosk and up to 4-7 bicycles/surreys during operating hours. Hours of operation shall be from Tuesday through Saturday, 10:30 am to dusk, and Sunday from 11:00 am to 5:00 pm. The kiosk shall be removed from the property during the off season. Bicycles and sSurreys shall not be stored on the property except during operating hours. Any changes in season, or hours of operation or number of surreys shall require an amendment to this permit. 2. All rental activities including lining up of customers shall be located on private property and outside the public rights -of -way. 3. For the 2013 and 2014 rental seasons, the Public Works Director and Public Safety Director shall review and approve the proposed route map to avoid conflicts with construction equipment, motor vehicles and pedestrians. If conflicts occur, the City reserves the right to restrict rental activity for these two seasons including limiting routes, reducing hours of operation or capping the number of bicycles/surreys available for rental. 4. The property owner is responsible for coordinating between both outside sales permittees and assuring that all activity related to outside sales remains on private property and does not encroach into the public rights -of -way. 5. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Attachments: Vicinity Map Location Map Applicant's form and information Planning Commission DATE: May 9, 2010 APPLICANT: Nancy Musser LAND OWNER: Steven Gnan CASE NO.: 2013-16 REQUEST: A special use permit for outside sales, Papa Wheelie's Surrey Rental LOCATION: 204 Main St N COMPREHENSIVE PLAN DISTRICT: DMU - Downtown Mixed Use ZONING: CBD - Central Business District PC MEETING DATE: May 13, 2013 REVIEWED BY: Bill Turnblad, Community Development Director PREPARED BY: Melissa Douglas, Interim City Planner BACKGROUND In 2010, the Planning Commission approved an outside sales special use permit to allow Shien Chen to operate a mobile food truck to sell Chinese food at 204 Main St N at the northwest corner of Commercial and Main Streets. The permit conditions required the food truck to operate entirely within the private property and not obstruct the public rights -of -way. The truck is not parked on the site when not in use. REQUEST The applicant requests a new special use permit for outside sales for Papa Wheelie's Surrey Rental at 204 Main Street N. Rentals will be from a small kiosk with available surreys stored in front of the kiosk during hours of operation. Both the kiosk and surreys will be located entirely on private property. The kiosk will be present seasonally, from April to October. The Heritage Preservation Commission reviewed and approved a design review permit for the kiosk and signage at their May 6, 2013 meeting. 204 Main St N Page 2 Proposed hours of operation will be Tuesday through Saturday, 10:30 am to dusk, and Sunday from 11:00 am to 5:00 pm. The applicant is requesting permission to rent up to 17 surreys including two four -seat models, three two -seat models and 12 single cruisers. Surreys will be stored on site during hours of operation and off site when not in use. Proposed routes are along downtown streets and along the river. EVALUATION OF REQUEST Sec. 31-325 of the Zoning Ordinance (Allowable uses in non-residential districts) notes that outside sales or special events may be allowed in the Central Business District by special use permit approved by the City Council. Sec. 31-207(d) states that a special use permit may be approved if the City Council finds that: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The property is zoned as Central Business District which allows outside sales by special use permit. The proposed outside sales are consistent with the existing retail use of the property. This use is compatible with the surrounding area and conforms to the intent of the zoning code and all other legal controls. 2. Any additional conditions necessary for the public interest have been imposed. To protect the public interest, staff recommends the conditions listed. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. During spring/summer 2013 and 2014, there will be substantial construction activity east of Water Street by both the U.S. Army Corps of Engineers and the City of Stillwater. In addition, paving of the new Brown's Creek Trail is not expected until summer 2014. To provide a safe environment for all downtown users in the mean time, the Public Works Director and Public Safety Director shall review and approve the proposed route map before each rental season to avoid conflicts with construction equipment, motor vehicles and pedestrians. If conflicts occur, rental activity may be restricted including limiting routes, reducing hours of operation or capping the number of surreys available for rental. There is ample space on the subject property to accommodate two outside sales uses. The property owner is responsible for coordinating between both uses and assuring that all activity related to outside sales remains on private property and does not encroach into the public rights -of -way. The proposed special use permit will not affect parking demand, be injurious to the neighborhood or otherwise detrimental to the public welfare. 204 Main St N Page 3 ALTERNATIVES The Planning Commission has the following options: 1. Recommend the City Council approve the request in whole or in part. 2. Recommend the City Council deny the request. 3. Continue the request for more information. The 60-day decision deadline for the request is June 21, 2013 but the review period can be extended for another 60 days. STAFF RECOMMENDATION Recommend the City Council approve the special use permit as conditioned. CONDITIONS FOR APPROVAL Staff recommends the following conditions of approval: 1. This special use permit allows seasonal (April to October) surrey rentals on private property at 204 Main Street N including a rental kiosk and up to 17 surreys during operating hours. Hours of operation shall be from Tuesday through Saturday, 10:30 am to dusk, and Sunday from 11:00 am to 5:00 pm. The kiosk shall be removed from the property during the off season. Surreys shall not be stored on the property except during operating hours. Any changes in season, hours of operation or number of surreys shall require an amendment to this permit. 2. All rental activities including lining up of customers shall be located on private property and outside the public rights -of -way. 3. For the 2013 and 2014 rental seasons, the Public Works Director and Public Safety Director shall review and approve the proposed route map to avoid conflicts with construction equipment, motor vehicles and pedestrians. If conflicts occur, the City reserves the right to restrict rental activity for these two seasons including limiting routes, reducing hours of operation or capping the number of surreys available for rental. 4. The property owner is responsible for coordinating between both outside sales permittees and assuring that all activity related to outside sales remains on private property and does not encroach into the public rights -of -way. 5. This special use permit shall be reviewed before the Planning Commission and City Council for possible revocation or amendment to the conditions of this permit if substantial verified complaints, safety issues or violations of the conditions of this permit are received by the Community Development Director. Attachments: Vicinity Map Location Map Applicant's form and information R2IW R20W RI9W R22W R2IW R2OW Vicinity Map 0 67 Scale in Feet Tee Owing Is ew reeW olew e.. rammmima ima wear. as Me, Wer nvenmgwetlryon Cwery olecee. lee sae.. r ew..e : w;wnebet n n w cep* for lee :necveaa ..ee we nygen Oxen' ...ye sar Ree ea. en AS40023m cnsenelv d 2 S2&2on M13 yea. U Location Map Legend 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 11111 IB - Heavy Industrial INCRD - Campus Research Development - PA- Public Administration - PROS - Park, Rec or Open Space Public Works Facility ROAD WATER PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* ACTION REQUESTED Date Filed: L/Ja-al 13 Base Fee: SW Technology Fee: $2.00 - ; -0tb� Receipt No.: 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. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Anv incomplete aopllcation or supporting material will cause vour application to be reiected by the City. Required - Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. 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 Complete Property Legal Description* (*Required - Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District C733> Description of Project Re"-f-a-e Surrey cyc%S Case No: Address of Project o1 OIL /l/. /IZ€i/h .3 ? Assessor's Parcel No. g 61 30(210 91 t / / (GEO Code) "I hereby state the foregoin my knowledge and belie Property Owner Mailing Address City - State - Zipt Telephone No. Email TT(' - a CL ,//fit Signature ignature is ired) statements and all data, information and evidence submitted herewith in all respects, to the best of be true and con-e.ct. I further certify I will comply with the permit if it is granted and used." If other than property owner Representative /v 'c'f /I/Lrc- S r-e /- Mailing Address irO 6 /toil/a /- S- a/f City - State - Zip S7/(//6v,1- f-e/, /kA/ S s e i - _ Telephone No. , t/ - 'Tat'— o S8'O C oN Email pe a.-tf/le/4S.surr- 4 q //, ea i Signature S:\PLANNING\ADMINISTRATION\FORMS\PLANAPP.DOCX January 29, 2013 Ykeeted.14/ ignature is required) Papa Wheelie's Surrey Cycle Rental Company Vision: Papa Wheelie's will provide the best bicycle rental opportunity for the public, bringing family friendly recreation to downtown Stillwater. Business Information: Location-204 N. Main St. The south end of the "Let There Be Light" building. Bike types/styles: Two 4-seat Surreys Three 2-seat Surreys 12 Single cruisers Hours Of Operation: Tuesday through Saturday 10:30 am to dusk Sunday 11:00 am to 5pm Possible extended hours for special events or Holidays Rider Rental Agreement: See legal rental form 2013 Route Map: See attached map SURREY RENTAL RECOMMENDED SURREY RIDING ROUTES CD 0 0 0 0 0 0 0 10 PAPA WHEELIES TRAIN DEPOT CHICAGO DOG P.D. PAPPY'S GAZEBO WATER STREET INN LIFT BRIDGE FREIGHTHOUSE DOCK CAFE BRICK ALLEY PACKETT COMPANY C • TPUBLIC RESTROOMS BIKE TRAIL