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HomeMy WebLinkAbout2016-06-08 CPC Packeti 1 1 at r THE IIRTMPLA CE OF MIMMESOTA AGENDA PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North June 8, 2016 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of May 11, 2016 regular meeting minutes IV. 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 Chairperson may reply at the time of the statement of may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. 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. 2. Case No. 2016-21: Consideration of an amendment to a Special Use Permit for a Bed and Breakfast license, and associated variance, for the Mulvey's Englishmen's Carriage House located at 807 Harriet Street South. Truett and Jill Lawson, Owners. 3. Case No. 2016-24: Consideration of a Special Use Permit for a 40-unit hotel and restaurant, with associated variances, to be located at 402 Main Street South in the historic Joseph Wolf Block. 4. Case No. 2016-25: Consideration of a Zoning Map Amendment for approximately eight acres located at 12620 72nd Street North to be zoned from AP - Agricultural Preservation to LR - Lakeshore Residential. McKenzie Living Trust, Property Owners. Brian Farrell, Northland Real Estate Group, Applicant and Representative. VI. UNFINISHED BUSINESS VII. NEW BUSINESS 5. Case No. 2016-23: Consideration of Final Plat and Final Planned Unit Development for the Ponds at Heifort Hills located at 8753/8911 Neal Avenue North. Kenneth and Geraldine, and Marie Heifort, Owners. Richard Gagne, Applicant and Representative. VIII. STAFF UPDATES/FOR YOUR INFORMATION IX. ADJOURNMENT ilivater THE 1I1TN►LACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES May 11, 2016 REGULAR MEETING 7:00 P.M. Vice Chairman Hansen called the meeting to order at 7:00 p.m. Present: Commissioners Collins, Fletcher, Hansen, Kelly, Lauer and Siess, Council Representative Menikheim Absent: Chairman Kocon and Commissioner Hade Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of April 13, 2016 meeting minutes Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve the April 13, 2016 meeting minutes. All in favor, 6-0. ELECTION OF OFFICERS Commissioner Siess commented it would be healthy for someone else to gain experience as chair while there is an experienced chairperson to mentor them. Motion by Commissioner Collins, seconded by Commissioner Fletcher, to elect Kocon as Chair. All in favor, 6-0. Motion by Commissioner Lauer, seconded by Commissioner Kelly, to elect Hansen as Vice Chair. All in favor, 6-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2016-18 Consideration of a 7' variance to the 30' Exterior Corner Side Yard Setback for a garage to be located 23' from the Exterior/Corner Side Yard property line for the structure located at 110 Marsh Street East. Ruth Robison, owner and Ryan Schalk, applicant. City Planner Wittman explained that the applicant has applied for a variance to construct a garage 23' from the exterior/corner side yard property line. The property is approximately 48' deep. Without a Planning Commission May 11, 2016 variance, a garage would be limited to 15' in depth. Staff finds that the applicant has established practical difficulty and recommends approval with five conditions. Vice Chairman Hansen opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve Case No. 2016-18, a 7' variance to the Exterior Corner Side Yard Setback for a garage to be located at 110 Marsh Street East, with five conditions recommended by staff. All in favor, 6-0. Case No. 2016-19 Consideration of a Special Use Permit amendment to allow for live outdoor music as a form of outdoor entertainment for The Lion's Tavern at the property located at 324 Main Street South. Grand Garage Holdings, LLC, owner and Dave Najarian, applicant. City Planner Wittman explained the request. In 2006, a Special Use Permit for Stone's Restaurant, 324 Main Street South, allowed for outdoor seating. A condition of approval was that evening outdoor music would be allowed subject to review and revocation or adjustment upon complaint. The current applicant requests an amendment to the Special Use Permit to allow outdoor live music on the west patio, behind the structure. A waiver to the noise ordinance is also being requested to allow the music to be played past 10 p.m. The Council will consider the waiver. The music would be located at the southern edge of the patio, facing north and west. It would involve small one to three person groups mostly playing guitar and vocals, designed to be ambient background noise for the restaurant. The music is proposed to be amplified and would cease by 10 p.m. on school nights. The condominium association at 101 Olive Street has voiced opposition to the waiver for noise. Staff recommends approval of the Special Use Permit amendment with five conditions. Vice Chairman Hansen asked what decibel levels constitute a nuisance. City Planner Wittman replied that the allowable decibels differ from day to night, and from residential to commercial. She pointed out it is difficult to determine what constitutes a nuisance because this is a mixed use neighborhood. Vice Chairman Hansen asked if there is a probationary period, and Ms. Wittman replied the Commission could make a condition that the SUP amendment be reviewed in a year. Vice Chairman Hansen asked if there has been amplified music at this site in the past. Ms. Wittman responded if so, it was in violation. Commissioner Kelly remarked it seems like a variance being called a waiver. He asked if it is actually a variance to the noise ordinance. City Planner Wittman responded it could be considered a variance to the decibel standard past 10 p.m. The issue before the Commission is whether or not live outdoor music should be considered as an amendment to the SUP. Commissioner Siess recalled a similar discussion about the Legion's request to have live outdoor music. Commissioner Kelly pointed out the difference between the Legion versus the Freight House and Water Street Inn is the direction the sound travels, over the river as opposed to up the bluffs. Dave Najarian, applicant, addressed concerns about the music, saying he does not intend to have loud Metallica-style bands, but rather music that diners can listen to and still talk. He understands there were sometimes loud bands at Shanghai Bistro. He added there is a natural buffer of foliage around the patio to absorb the sound. The music will be played in a corner to the south, where it was played at Shanghai Bistro. He would like to have music at least five nights a week in the summer but not Page 2 of 5 Planning Commission May 11, 2016 seven nights a week. The restaurant will close at 11 p.m. Sunday through Thursday and 1 a.m. Friday and Saturday. Commissioner Kelly asked the applicant to describe the atmosphere, stating that his concern is less about the type of music and more about whether the environment has the potential to escalate the sound levels. Mr. Najarian answered it is a very casual, relaxed atmosphere; they want patrons to enjoy the music while having conversation, rather than only listening to music and dancing. The bars near the river do that and that is not what they intend here. Vice Chairman Hansen opened the public hearing. Michelle Plocher introduced her husband David, and neighbors Jim and Barbara Buggert, all of 101 Olive Street East. She expressed concern that the decibel level will creep up. She read the applicant's statement and didn't see anything in it that assured her she won't be forced to listen to music every day. She is concerned that once the amendment is in place, the residents will have no recourse to be heard. Because it is so open ended, she would like to see a more formal application with very clear limits so residents have an idea going in what the plan is. They are happy with a mixed use environment but feel this could get out of hand. Heather Fox, 322 Broadway Street South, who lives above Teddy Bear Park, said she is very happy to hear that the choice of music is very different from Shanghai Bistro. However, the music goes right up the bluff into her windows and there is no buffer that will prevent that. She hears every single word, clink of glasses, etc. The music is so loud it is impossible to sleep or to open their windows. When the music stops, the party atmosphere continues and drunkenness gets out of control. She feels it would be reasonable to restrict the music to three nights per week, ending at 10 p.m. Jim Buggert, 101 Olive Street East, said there were many nights last summer at 10 or 11 p.m. that the music was so loud they could not even have their windows open. The City appeared not to be enforcing the noise ordinance. There was supposed to have been piped soft music over speakers but it was not. They have a deck overlooking the site, half a block away, and the sound comes right toward them. He is totally against allowing music past 10 p.m. Dave Plocher, 101 East Olive Street, said the musicians stand in front of a very tall stone wall so the music comes unimpeded right up the hill at their home. He said there is another individual who could not be here tonight who is right across the street from the patio in the stone house, whose bedrooms overlook the patio. He is the closest of anybody and would be impacted. City Planner Wittman invited that property owner to submit comments to the Council. Barbara Buggert, 101 East Olive Street, said her issue is that it all sounds nice but that isn't really the way it works. She doesn't know if any of the Commissioners have been there in the evening when Shanghai Bistro was there. If the music stopped at 11 p.m. it was a blessing. They had live singers and it would be like screaming after a while. She understands that business is important to the community but this property turns over constantly. In the summertime it is wild there. She doesn't trust that the music will be the way it was stated. Commissioner Kelly asked the residents if they have called the police to report the noise. Michelle Plocher stated she had called the police, not about the music, but about the constant noise coming from the loud air conditioners on the rooftop of the the CenturyLink building and the police came and told her to get a decibel meter. Ms. Fox said she has not called the police about music, but she has called Page 3 of 5 Planning Commission May 11, 2016 the police about activities that occur when music would end and people would come up the stairs near her home behaving drunkenly. Vice Chairman Hansen closed the public hearing. City Planner Wittman reviewed the City's noise regulation part of the nuisance ordinance and allowable decibel levels from 10 p.m. to 8 a.m. She reviewed businesses for which the City has issued a waiver or a live outdoor entertainment permit: the Water Street Inn, the Freight House and the American Legion. Quick Fire Pizza also has piped music that was allowed at one point. Vice Chairman Hansen pointed out the previously issued permits were limited whereas this request is more open ended. The topography of Stillwater makes it impossible to compare how it sounds in different locations. He recognizes that the sound carries but also that Stillwater is a tourist friendly town that draws people in because of that. He wants to balance the concerns of homeowners with the businesses. He stated he would rather be more restrictive at the beginning and ease up in the future if things go well, than leave it open ended. Commissioner Fletcher said she likes the idea of setting a check point to review the permit. Vice Chairman Hansen asked if a condition of approval could specify that if the sound is measured from a residence, it needs to be below the maximum decibel level. City Planner Wittman responded that would be a reasonable condition given they are less than one block from a residential neighborhood. Commissioner Siess questioned who can measure decibel levels, adding that if a police officer told her to go get a decibel meter it would be upsetting. She would be in favor of a probationary period if the Commission grants the SUP amendment. City Planner Wittman stated that the police department can measure decibel levels. She reminded the Commission that the police chief has requested no amplified music after 10 p.m. Commissioner Kelly noted he was worried about the cumulative effect of other outdoor music venues downtown. He suggested there be some consistency about how the City grants these permits. Vice Chairman Hansen asked what about unplugged music? A compromise may be to allow for amplified music at the same time as other use permits, but also allow for non amplified music at other times until 10 p.m. Commissioner Lauer remarked that non amplified music could mean a drum set and a trumpet. Commissioner Kelly asked the applicant if there are preferred nights for outdoor music. Mr. Najarian said the preferred evenings would be Thursday, Friday and Saturday from 7-10 p.m. Motion by Commissioner Fletcher to approve the SUP amendment for live outdoor entertainment at Lion's Tavern with Condition A as recommended by staff; a modification to Condition B stating that amplified outdoor music is permitted only from 7-10 p.m. Thursday, Friday and Saturday from May 1 to Labor Day; Conditions C, D, and E as recommended by staff, and adding Condition F requiring a 60-day review conducted by staff for substantiated complaints to be brought before the Planning Commission in a public hearing for consideration of revocation of the permit. Motion failed for lack of a second. Page4of5 Planning Commission May 11, 2016 Commissioner Kelly commented he likes the idea of limiting music to two or three nights; holidays should be specified in the motion for consistency with other businesses. Vice Chairman Hansen agreed, adding that he would prefer a 90-day review and that opening up the holidays is another good compromise for the applicant. Motion by Commissioner Fletcher, seconded by Commissioner Collins, to approve the SUP amendment for live outdoor live music with Condition A as recommended by staff; a modification to Condition B stating that amplified outdoor music is permitted only from 7-10 p.m. Thursday, Friday and Saturday from May 1 through Labor Day and including Memorial Day, Independence Day and Labor Day; with Conditions C through E as recommended by staff; adding Condition F requiring a 90-day review conducted by staff for substantiated complaints to be brought before the Planning Commission in a public hearing for consideration of revocation of the permit. All in favor, 6-0. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. STAFF UPDATES Ms. Wittman reported that the Council will be discussing overnight lodging and short term rentals, VRBO, air B & Bs and similar uses. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to adjourn the meeting at 8:42 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary Page 5 of 5 Uwater H¢ B l X I H P 4 A f, E OF MINNESOTA. PLANNING COMMISSION DATE: June 8, 2016 CASE NO.: 2016-021 APPLICANT: Truett and Jill Lawson, property owners REQUEST: Consideration of an amendment to a Special Use Permit for a Bed and Breakfast license, and associated variance, for the Mulvey's Englishmen's Carriage House located at 807 Harriet Street South ZONING: RB - Two Family Res. COMP PLAN: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Truett and Jill Lawson have applied for an amendment to an existing Special Use Permit (Case No. 2006- 65) to not only allow for the facility to operate as an independent unit but to also revert the existing two-guestroom Mulvey Carriage House Bed and Breakfast (B&B) to a three-guestroom facility. The full application submittal is attached for Commission review. As the 1,296 square foot residence does not meet the maximum gross size (in square feet) for a three-guestroom B&B, a variance has been requested. APPLICABLE BACKGROUND In 1991 the Lawsons first obtained a Special Use Permit (SUP) to operate a B&B at 622 Churchill Street West in the James Mulvey House, the property directly to the south. At that time both properties were owned by the Lawsons. The permit, which is enclosed for the Commission's review, indicated a four-guestroom B&B would be permitted at the Churchill Street house but that the Lawson's would be eligible to request a single guestroom in the associated Carriage House (on Harriet Street South) in one year. In January of 1993 the Lawson's obtained two separate B&B licenses, and variance from the distance between the two B&B's, to allow for a four-guestroom facility in the Churchill Street House and a one -bedroom facility in the Harriet Street South Carriage House. In 1997 the Lawson's requested an amendment to the SUP to operate and additional two guestrooms in the Carriage House. This was granted by the City Council, allowing for three guestrooms in the Carriage House and four guestrooms in the main house. A condition of approval was that "visitor parking shall remain on the applicant's property, not on Harriet or Churchill ". The Lawson's sought and gained another amendment in 1999 which converted the existing Carriage House living/dining space into a management living quarters. A condition of approval of this permit amendment was that the living space would not be utilized for short of long term rental of the facility. In 2006 the permit was once again amended, this time separating the two parcels in ownership. The original James Mulvey Inn on Churchill Street was transferred to Cynthia Hannig whereas the Lawsons retained ownership of the Carriage House. Two conditions of approval were given at that time: 1. That a maximum of two guestrooms would be permitted in the Carriage House; and 2. That the Carriage House would be marketed and operated in conjunction with the property at 622 Churchill Street West. Specific notation was made that the property at 807 Harriet Street (the Carriage House) must not be used as an independent B&B. The permit indicates this is because "it will be under separate ownership and fails to meet the City's 900' separation requirement for bed and breakfasts". In light of the permit history, it should be noted that variances run with land forever. Therefore, the originally -approve variance, issued in 1991, allowed for these two B&B's to operate within 900 feet (or three blocks, roughly) from one another, remains; this variance is applicable to both parcels and will run with the land until such time as the City Council rescinds the approval. Therefore, the current use as a two -bedroom B&B is a legal (as it was originally approved by the City) but non -conforming (in that use does not conform to the current code requirements). However, subsequent conditions of approval have never allowed for the Carriage House to operate independently of the James Mulvey Inn and Case No. 2006-56 and 2006-65 required all previously approved SUPs would become null and void. Therefore, the use is in violation of their existing SUP. APPLICABLE REGULATIONS Special Use Permit A B&B is defined as an "owner occupied historic residential structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation." City Code Section 31-504, Bed and Breakfast, identifies the following performance standards for review: • Parking - At least two off-street parking spaces are required for the owner, and at least one is required for each "room/unit" of the B & B. 807 Harriet Street South Case 2016-021 (CPC: 6/6/2016) Page 2 o As seen on the attached parking plan, there are two spaces for the owner located in the existing two -car garage. There are two additional off-street parking spaces located in the driveway. o If the variance was approved, an additional off-street parking space would need to be created to accommodate for a third vehicle. • Dining Facilities - Dining facilities can only be made available to registered guests, not the public. And, only breakfast can be offered to these guests. o At this time, the facility is not equipped to serve meals. Meals were served in the James Mulvey House (off Churchill Street) as the Carriage House was associated with that Inn and not its own independent unit. As such, the compensation includes breakfast as the Lowell Inn. • B&B Distribution - Bed & Breakfasts can be no closer to each other than 900 feet. This in theory prevents a cluster of B&Bs that may in their accumulative effect negatively impact a residential neighborhood. o As the applicant's narrative indicates, the current owners of the Mulvey Inn are utilizing the single family home as a residence. Both property owners have indicated there is not an intent for the current owners to operate a B&B in this location. Additionally, a variance has twice (Case No. 1991-62 and 2006-56) since been granted to allow for the B&Bs to operate within 900' of one another. • Exterior Signage - A single sign no greater than four square feet in area is permitted to identify the B & B. o A single sign, conforming with this requirement, is located on the property. It is shown to the right. • Age of Structure - The B & B structure must be at least 100 years old. o According to the Assessor's Records, the Carriage House was constructed in 1901. • Exterior Lighting - Exterior lighting is required between the parking lot and the B&B, but additional exterior lighting for the B&B is not allowed. o The property owners are not seeking to increase the lighting at this site. • Inspections and Licenses - Various inspections and licenses are required before the Special Use Permit can become valid. o As the B&B is existing, all licensing and inspections should be up to date. • Historic Restoration and Building Additions - B&Bs in Stillwater are located in old houses that exhibit architectural features characteristic of the historic context of the surrounding neighborhood. To encourage B & B's to locate in houses that exhibit the architecture of the era of local and state historical significance, the Zoning Code states that restoration and construction of additions should be done according to guidelines promulgated by the US Department of the Interior for historic preservation. o No exterior modifications are proposed. 807 Harriet Street South Case 2016-021 (CPC: 6/6/2016) Page 3 City Code Section 31-207, Special Use Permits, identifies the city may grant a Special Use Permit or amendments when the following findings are made1: a. 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. As indicated, the number of guestrooms proposed is not consistent with the maximum gross floor area for the structure. In order to have a four -bedroom B&B, the gross square footage of the structure is required to be over double the existing square footage (3,000- 3,499) 2. Thus, a variance is required and address in the subsequent section. b. Any additional conditions necessary for the public interest have been imposed. On -street parking has been noted as a problem on this short, dead-end street. As the roadway is only 24' wide in this location, and a minimum 13' width would be required for a single travel lane, the road does not accommodate for off-street parking of 9' in width. As a condition of approval has been that no guests may park on the street, enforcement of this provision has been questioned by the neighbors. Existing conditions of approval, requiring off-street parking to be designated and maintained shall remain in effect. c. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Two different public comments have been received from the neighbors at 622 Churchill Street West and 812 Harriet Street South. Directly adjacent to the facility, both property owners have expressed concern regarding parking, raising question as to whether or not the condition of approval for off-street parking is consistently being met. Onstreet parking has become a nuisance for both property owners, especially in the winter months with snow buildup occurs, but also with the blocking of driveways and garage accesses by vehicles parked on the street. Variance City Code Section 31-504, Bed and breakfast, Subd. 1(g) indicates the maximum gross house size for one guestroom (as well as one additional bedroom for the onsite owner/manager). City Code Section 31-208, Variances, identifies the city may grant a variance when all of the following findings are made: 1. The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose of Section 31-504 is to allow for conversion of historic houses into B & B's where the use would benefit the surrounding area. The request to add an additional guest room would allow for two- thirds the amount of guestrooms, in one-half the floor area, than permitted in the Code. ' City Code Sec 31-1, Subd. 30(1)d 2 City Code Sec 31-504, Subd. 1(g) 807 Harriet Street South Case 2016-021 (CPC: 6/6/2016) Page 4 2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter3. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: i. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; The use of the property would remain the same and although the facility was a three-guestroom B&B in the past, it was operated in conjunction with a large single- family residence in the past. Increasing the nonconformity is not reasonable. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and There is no plight of the landowner, merely the desire to revert the number of guestrooms back to the total number once permitted when the Carriage House was operated in conjunction with the James Mulvey residence. iii. The variance, if granted, will not alter the essential character of the locality. The essential character of this locality will be altered with the addition of another off- street parking space and potentially increased on -street parking. Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. ALTERNATIVES The Planning Commission has the following options: A. Approval Recommend that the City Council approve the requested Special Use Permit, allowing for the facility to operate independently, and associated variance of three guestrooms, with the following conditions: 1. All conditions approved in part of Resolution No. 2007-10 shall remain in effect with the exception of conditions #4 and #5. 2. The property owner shall create one, 9'X18' parking space on the property to accommodate for five off-street parking spaces. The parking shall conform to City Code Section 31-510. 3. A maximum of two guestrooms and six guest per day shall be accommodated at one time. 4. That the property at 807 Harriet Street South may be marketed and operated separately from the property located at 622 Churchill Street West. 807 Harriet Street South Case 2016-021 (CPC: 6/6/2016) Page 5 B. Denial Determine that the proposed B&B amendments and associated variance are not consistent with the Special Use Permit provisions and recommend that the City Council deny the Special Use Permit amendment and variance. C. Table Continue the public hearing until July 13, 2016 for additional information. FINDINGS AND RECOMMENDATION As the existing Special Use Permit indicates this facility must be operated in conjunction with the property at 622 Churchill Street West but has been operating independently for some time. Staff finds the use of a Bed and Breakfast in this location, operating separately from the primary residence, is consistent with the Special Use Permit provisions. Therefore, staff recommends determining that the proposed B&B amendment, allowing for independent operation of the James Mulvey's Carriage House, to be approved. However, when the proposed use is intensified by the addition of another guest room, the use may not be consistent with the guidelines due to the neighborhood concerns regarding the increased commercial use as well as the rights of the property owner at 622 Churchill to apply and operate a B&B in that location. Therefore, staff finds the proposed request for a third guestroom does not conform to the Special Use Permit provisions. Additionally, staff finds there is no practical difficulty in meeting the code requirements for continued operation of the two-guestroom B&B. Therefore, findings for the variance for the third guestroom cannot be made. Therefore, staff further recommends determining that the associated variance, to allow for a third guestroom, would be the expansion of a nonconforming use, does not meet the Bed and Breakfast requirements nor the Special Use Permit provisions, and has not established practical difficulty in meeting the current code requirements, thereby recommending to the City Council denial of the third guestroom addition amendment and variance. ATTACHMENTS Site Location Map Applicant Narrative (2 pages) Applicant Submitted History Site Plan Parking Improvement Plan Floor Plan Property Photographs (3 pages) Approved B&B Permits/Variances 1991-62 1997-26 1999-21 2006-56 2009-47 Public Comments 622 Churchill Street West 812 Harriet Street South 807 Harriet Street South Case 2016-021 (CPC: 6/6/2016) Page 6 0 The Birthplace of Minnesota 807 Harriet Street South '7 Subject Parcel Parcel Boundaries +u—Municipal Boundary 137.5 275 550 Feet City of Stillwater Planning, Mr. Bill Turnblad Bill: We are asking consideration on two matters related to our business, James Mulvey's Englishman's Carriage House Inn. We purchased this part of the original Mulvey estate (807 Harriet St. S.) some months after we purchased the main house (622 W. Churchill St.) in 1990. The Carriage House on Harriet had become a separate legal property in the 1970's. Likely built around the same time as the main house (1878) it was a substantial limestone and faux stone structure which was completely renovated (1978) making it a single family home. It became part of our eventual 7 room bed and breakfast, the James Mulvey Inn, operating with 4 guest rooms in the main house and 3 guest rooms in the Carriage House. We were the owners of the James Mulvey Inn until 2006 when the main house and the business was sold to new owners. At that time, the city awarded the new owners the use of 5 guest rooms in the main house. Shortly after this, the city granted us the use of the Carriage House for 2 guest rooms if it was operated in conjunction with the main house owners as the James Mulvey Inn and not in competition with it. For several years after the sale of the Mulvey, the inn continued to operate as a seven room B&B (5 rooms in the main house, 2 in the carriage house). We cooperated with the new owner of the Mulvey Inn in accordance with the conditions of our use permit. In 2009, the owners of the Mulvey sold the main house as a residential dwelling. They came to us and offered the business- its name, website and clientele. Part of the deal, that was reached, meant that we would assume the outstanding obligations of the inn in its unredeemed gift certificates. We agreed but recognized that some changes in the business plan would be necessary and modified the name to preserve its Mulvey heritage while featuring the two unique rooms of the Carriage House, hence the James Mulvey Inn remains our web presence but the James Mulvey's Englishman's Carriage House Inn is our nickname. We have operated our little "boutique" B&B successful for these years. Though we only have two guest rooms, we are very much a part of the excellent Stillwater Bed and Breakfast community. Though we are small, we are rated highly as are other BB businesses and have maintained excellent occupancy. We have become aware that the notations in the deliberations of our Inn's city approvals, may need some updating, in the light of the fact that the Main House of the Mulvey Inn is now a separately owned private residence and the Mulvey Inn business in now in the Carriage House. We are requesting this status update, not knowing if it is a staff decision or a planning commission matter. Our second request is to allow us to once again operate the third room in the Inn- formerly known as the Carriage Suite. Actually the Inn is designed to operate beautifully with three guest rooms and a comfortable living space for the innkeeper. The reason that the Carriage House went from 3 rooms to 2 rooms was because the main house went from 4 rooms to five. Allowing us to operate three rooms, creates sustainability for this excellent Inn. We have always felt that the City of Stillwater has handled our requests thoughtfully and fairly. We also believe that bed and breakfast businesses in our city are a great asset both to the preservation of our city's heritage and to its current business climate. Thank you for your consideration. Truett and Jill Lawson, The Englishman's Carriage House of the James Mulvey Inn Facts about James Mulvey's Englishman's Carriage House bed and breakfast James Mulvey was a major lumberman in Stillwater who built a house on Churchill St. and Harriet St S. in the 1870's and would see his family live in it into the 1950's. There was a large ltalianate main house and a substantial Carriage House with three levels- horses, carriages and in the top floor- hay. Horses and carriages were Mulvey's one indulgence. The Carriage House was a substantial limestone block and faux stone building which in later years was remodeled to become a family home, which led it to become a separate legal property in 1978. The Lawsons bought the main house in 1990, and a couple months later, the Carriage House. The James Mulvey Inn was opened by the Lawsons in 1993. There were four guest rooms in the main house. After several years of operation, the city allowed the Inn to expand to the Carriage House where the Lawson's developed three guest rooms. The 7 room Inn operated this way until 2007 when the main house and the inn business were sold. The new owners bought only the main house and asked and received the permission for 5 guest rooms. With the encouragement of the new owners, the city also approved a SUP allowing the Lawsons to operated 2 rooms in the Carriage House and a variance because of the two properties were side by side. The use permit indicates that the Carriage House could only carry on lodging business under the marketing and management of the James Mulvey Inn. After four years of operation, in 2012, the owners of the Mulvey Inn sold the main house as a private residence. The owners approached the Lawsons about continuing the inn in the Carriage House, assuming responsibility for outstanding gift certificates but receiving the website and the business. The Lawsons have operated the inn as the James Mulvey's Englishman's Carriage House. The main house is now a private residence. Truett and Jill Lawson are requesting an amendment to the special use permit that recognizes that the inn is operating in the Carriage House only at 807 Harriet St. S. They are also requesting an amendment to their variance, reinstating their 3 guest rooms in the Carriage House. 1✓� Pap 44 • `f RN. • s:-ar. •I.• ; amen - kyo'� HARRirr.5r e5l JE CL.--�_�fi'e 0 ue S .. ti V .J • • . - - • • J r Muir EV 001 /SO I ifo.rk #r1 Dew 'Pjorletti‘Nt uoPFQ LEVEL 1 140V45 cr H4461,11:4'4" G(Ammo vrU1 r�c 3 tc-oota" Tviv. jltefe Ys Co.rri .41 r Sy�f� �!o►rF�c r s Rowe p vithi LEVEE 8 eNJ LoWE& IVEL • 725877 CITY OF STILLWATER SPECIAL USE AND VARIANCE PROCEEDINGS In the matter of the Planning Case No. Addendum to Case No. V/SUP/91-62 Request By: Truett and Jill Lawson Own e r ORDER GRANTING SPECIAL USE PERMIT AND VARIANCE The above entitled matter came on to be heard before the City Council on the 5th day of January , 19 93, on a request for a Special Use Permit and Variance pursuant to the City Code for the following described property: Lots 5, 6, 7, 8, and 9 Block 8 Holcombe's Addition to the City of Stillwater. PIN Nos. 9895-4400 and 9895-4450. Purpose: A Variance and Special Use Permit for a fifth Bed and Breakfast room in an adjacent carriage house (as conditioned by the Stillwater City Council on January 7, 1991.) Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that an addendum to a Special Use Permit and Variance be granted upon the following conditions: (If no conditions, state "None".) 1. Visitor parking shall remain off the Harriet Street site and assigned for guests. 2. All present conditions apply (V/SUP/91-62). Dated this 1 4/1 %{ day of , 191 . t/ (?_,2 Mayor CITY OF STILLWATER ZONINGUSE_PERMIT Certificate of Compliance Rezoning Special Use Permit X Variance i Planned Unit Development 't Grading Applicant: Address: 622 WEST CHURCHILL STREET City/State/Zip Code: STILLWATER, MN 55082 Property Description: Lots 5, 6, 7, 8, 9 Block 8 Holcombe's Addition Zoning District: RB - Two Family District TRUETT AND JILL LAWSON No. V/SUP/91-62 Permit Fee $70.00 Date Fee Paid 12/2/91 Sign Conditional Use Amended Permitted Uses: A Variance and Special Use permit to conduct a four bedroom Bed and Breakfast and a one bedroom Bed and Breakfast in another structure on an adjacent lot. Subject to the following special conditions: See attached Conditions of Approval. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval Owned LA , or Represe Date 'Commu i ty ev CONDITIONS OF APPROVAL BED AND BREAKFAST CASE NO. V/SUP/91-62 1. This Special Use Permit is issued to the current property owners, Truett and Jill Lawson, and shall not be transferred, assigned or conveyed to any other firm or successive owner. 2. Any adult members of the Lawson Family, or a comparable person, shall be on site at all times for the purpose of managing the facility. 3. The owner shall comply with all Health, Fire and Safety Rules and Regulations of the State of Minnesota and the City of Stillwater. 4. That a maximum of four bedrooms and eight guests per day shall be accommodated at the 622 West Churchill property at any one time. 5. No alcoholic beverages are to be sold or otherwise provided by the owners to the guests on the premises. 6. No pets of guests shall be allowed at the facility. 7. Meals may be served only to guests of the facility. 8. That all guest parking shall be provided on site with assigned parking for each guest room and owner/managers. 9. There shall be no additional external lighting of the site or residence. 10. The premises shall not be used as a rooming house, boarding house, hotel or motel. 11. The Bed and Breakfast is allowed one identification sign not exceeding four (4) square feet and shall be located on site. The sign plan shall be reviewed by the Community Development Director before installation. 12. The applicant shall submit the type of lighting and intensity level for the walkway lighting for review and approval by the Community Development Director. 13. After one year of operation as a Bed and Breakfast, the owner may apply for adding a bedroom at 807 South Harriet Street. Rau m to: CITYOF STILLWATER 216 N 4TH STREET STILLWATER MN 55062 Office of the County Recorder Property Records & Taxpayer Services Washington County, MN Kc a inJCrrrhid County Recorder State of Minnesota City of Stillwater City of Stlllwater City Council Proceedings In the Matter of Planning Case No. 09-47 Owner: Teary O'Hara eta/ Order Granting a Special Use Permit The above entitled matter came to be heard before the City Council on the 5th day of January, 2010 on a request for a Special Use Permit pursuant to the City Code for the following described property: 622 Churchill St W GEO Code: 3303020210054 See attached Exhibit A for legal description Purpose: A special use permit transfer for the James Mulvey Inn to Teary O'Hara and Lee Sather. Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that a special use permit be granted upon the following conditions of approval: 1. This Special Use Permit is issued to Lee Sather and Teary O'Hara, and shall not be transferred, assigned or conveyed to any other firm or successive owner. 2. The manager of the residence shall rive on -site. 3. The owner shall comply with all Health, Fire, Building, and Safety Rules and Regulations of the State of Minnesota and the City of Stillwater. 4. That a maximum of five bedrooms and ten guests per clay shall be accommodated at the 622 Churchill St West property at any one time. 5. The property at 807 Harriet St S must not be used as an independent bed and breakfast since it will be under separate ownership and fails to meet the City's 900 feet separation requirement for bed and breakfasts. The property at 807 Harriet St 5 shall be marketed, operated, and, booked in conjunction with the property at 622 Churchill St West. 6. No pets of guests shall be allowed at the facility. 7. Meals may be served only to guests of the facility without a separate Special Event Permit. 8. The premises shall not be used as a rooming house, boarding house, hotel or motel. 9. The Bed and Breakfast is allowed one identification sign not exceeding four (4) square feet and shall be located on site. The sign plan shall be reviewed by the Community Development Director before installation. 10. The applicant shall submit the type of lighting and intensity level for the walkway lighting for review and approval by the Community Development Director. 11. There shall be no additional external lighting of the site or residence. 12. One off-street parking space for each guestroom shall be set aside and marked "FOR GUEST ONLY." Two off-street parking spaces shall be available for the on -site manager. 13. Visitor parking shall all remain on the applicant's property, not on Harriet Street or Churchill Street. 14. The roperty owner of 622 Churchill shall help keep the portion of the ravine on their property •:Faa�rn s�,: : a xreyi.ods planning cases related to this property, including but not limited to, Case # 2006-56 tall,.e pir .aid e-"nuil and void upon approval of this Special Use Permit, Ite's ed i7- ati5'aBreakfast Use Permit shall be reviewed before the Planning Commission and City fo,r;tev'ocatOn if complaints regarding the bed and breakfast are received by the Community €^ r •r D4velopmerit Director. t d thisr-1#3th7d ' t March, 2010.. rB•i. a Bill arnb, Com dity Development Director RESOLUTION NO. 2007-10 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A BED AND BREAKFAST AT 807 HARRIET ST S CASE NO. SUP/06-65 WHEREAS, Truett and Jill Lawson made application for approval of a Special Use Permit for a Bed and Breakfast at 807 Harriet St South; and WHEREAS, the subject property is zoned RB, Two Family and within the RB Zoning District a Bed and Breakfast is a permitted use with a Special Use Permit; and WHEREAS, the Planning Commission held a public hearing on December 11, 2006 and recommended approval of the Special Use Permit for the Bed and Breakfast; and WHEREAS, on January 2, 2007 the City Council considered granting a Special Use Permit for the Bed and Breakfast. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a Special Use Permit for a Bed and Breakfast with the following conditions: 1. This Special Use Permit is issued to Truett and Jill Lawson, and shall not be transferred, assigned or conveyed to any other firm or successive owner unless otherwise specified in this Special Use Permit or an amended Special Use Permit is approved by the City Council. 2. The owner or manager of the residence shall live on -site. 3. The owner shall comply with all Health, Fire, Building, and Safety Rules and Regulations of the State of Minnesota and the City of Stillwater. 4. That a maximum of two bedrooms and four guests per day shall be accommodated at the 807 Harriet St S property at any one time. 5. The property at 807 Harriet St S shall be marketed and operated in conjunction with the property at 622 Churchill St West. 6. No pets of guests shall be allowed at the facility. 7. Meals may be served only to guests of the facility without a separate Special Event Permit. 8. The premises shall not be used as a rooming house, boarding house, hotel or motel. 9. The Bed and Breakfast is allowed one identification sign not exceeding four (4) square feet and shall be located on site. The sign plan shall be reviewed by the Community Development Director before installation. 10. The applicant shall submit the type of lighting and intensity level for the walkway lighting for review and approval by the Community Development Director. 11. There shall be no additional external lighting of the site or residence. 12. One off-street parking space for each guestroom shall be set aside and marked "FOR GUEST ONLY." Two off-street parking spaces shall be available for the on -site manager. 13. Visitor parking shall all remain on the applicant's property, not on Harriet Street or Churchill Street. 14. The property owner shall help keep the portion of the ravine on their property clean. 15. All previous planning cases related to this property, with the exception of 2006-56, shall expire and be null and void upon approval of this Special Use Permit. 16. The Bed and Breakfast Use Permit shall be reviewed before the Planning Commission and City Council for revocation if complaints regarding the bed and breakfast are received by the Community Development Director. 17. If the carriage house at 807 Harriet St S is purchased by the Cynthia Hannig in the future than Cynthia Hannig can continue to use 2 of the rooms in the carriage house as guest rooms for the bed and breakfast in conjunction with the main home at 622 Churchill St West. Enacted by the City Council of the City of Stillwater, Minnesota this 2nd day of January, 2007. CITY OF STILL Ken/rycki, Mayor ATTEST: Diane F. Ward, Clerk RESOLUTION NO. 2007-09 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A BED AND BREAKFAST AT 622 CHURCHILL ST W CASE NO. SUP/06-56 WHEREAS, Cynthia Hannig made application for approval of a Special Use Permit for a Bed and Breakfast at 622 Churchill St W; and WHEREAS, the subject property is zoned RB, Two Family and within the RB Zoning District a Bed and Breakfast is a permitted use with a Special Use Permit; and WHEREAS, the Planning Commission held a public hearing on November 13, 2006 and recommended approval of the Special Use Permit for the Bed and Breakfast; and WHEREAS, on January 2, 2007 the City Council considered granting a Special Use Permit for the Bed and Breakfast. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves a Special Use Permit for a Bed and Breakfast with the following conditions: 1. This Special Use Permit is issued to Cynthia Hannig, and shall not be transferred, assigned or conveyed to any other firm or successive owner unless an amended Special Use Permit is approved by the City Council. 2. The manager of the residence shall live on -site. 3. The owner shall comply with all Health, Fire, Building, and Safety Rules and Regulations of the State of Minnesota and the City of Stillwater. 4. That a maximum of five bedrooms and ten guests per day shall be accommodated at the 622 Churchill St West property at any one time. 5. If the property at 807 Harriet St S continues to be used as a bed and breakfast it shall be marketed and operated in conjunction with the property at 622 Churchill St West. 6. No pets of guests shall be allowed at the facility. 7. Meals may be served only to guests of the facility without a separate Special Event Permit. 8. The premises shall not be used as a rooming house, boarding house, hotel or motel. 9. The Bed and Breakfast is allowed one identification sign not exceeding four (4) square feet and shall be located on site. The sign plan shall be reviewed by the Community Development Director before installation. 10. The applicant shall submit the type of lighting and intensity level for the walkway lighting for review and approval by the Community Development Director. 11. There shall be no additional external lighting of the site or residence. 12. One off-street parking space for each guestroom shall be set aside and marked "FOR GUEST ONLY." Two off-street parking spaces shall be available for the on -site manager. 13. Visitor parking shall all remain on the applicant's property, not on Harriet Street or Churchill Street. 14. The property owner of 622 Churchill shall help keep the portion of the ravine on their property clean. 15. All previous planning cases related to this property, including but not limited to, 1991-62 and 1997-26 shall expire and be null and void upon approval of this Special Use Permit. 16. The Bed and Breakfast Use Permit shall be reviewed before the Planning Commission and City Council for revocation if complaints regarding the bed and breakfast are received by the Community Development Director. Enacted by the City Council of the City of Stillwater, Minnesota this 2nd day of January, 2007. CITY OF STILLW cki, Mayor TTEST: Diane F. Ward, Clerk . • State of Minnesota City of Stillwater In the Matter of Planning Case No. SUP/99-21 1971 JUL -b P 1: 53 City of Stillwater City Council Proceedings Requested by: Truett and Jill Lawson Order Granting a Special Use Permit The above entitled matter came to be heard before the Stillwater City Council on the 15th day of June, 1999, on a request for a special use permit and pursuant to the City Code for the following described property: 807 South Harriet Street GEO Code 33-030-20-21-0053 HOLCOMBE'S ADD LOT-005 BLOCK-008 LOTS 5 & 6 BLK 008 HOLCOMBE'S ADD TO STILLWATER Purpose: A special use permit modification to remodel the carriage house kitchen space for the Mulvey Bed and Breakfast. Upon motion made and duly approved by the requisite majority of the City Council, it is ordered that a special use permit be granted upon the following condition: 1. The living space in the carriage house (807 Harriet St So) shall be used for family use and not rented as a short-term guest suite or longer term rental. Dated this 16th day of June, 1999. Steve Russell, Community Development Director � ORIGINAL CITY OF STILLWATER ZONING USE PERMIT Case No.: SUP/DR/97-26 Permit Fee: $70 Date Fee Paid: 4/28/97 Certificate of Compliance Rezoning Sign X Special Use Permit Variance Conditional Use Amended Planned Unit Development Grading Other Applicant: Truett and Jill Lawson Address: 622 West Churchill Street City/State/Zip Code: Stillwater MN 55082 Property Description: 9895-4400 Zone District: RB Permitted Use: Construct two additional rooms in the carriage house at the Mulvey Residence Inn Conditions of Approval: 1. Visitor parking shall all remain on the applicant's property, not on Harriet Street or Churchill Street. 2. All present conditions apply (V/SUP/91-62). 3. Shall install a security light at the end of the street. 4. Assist with constructing a fence on the street side of her property. 5. Shall help keep ravine clean. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. er,or Representative C munity evelopment Director4fect.o.,06_7,_ 7 Date 7 Date Received 31 May 2016 Abbi Jo Wittman, City Planner Bill Turnblad, Community Development Director Stillwater City HAII Dear Abbi Jo and Bill, J U N 1 2016 Community Development Department As residents of 622 Churchill Street West, we are writing to you in reference to Case No. 2016-21 that concerns a property adjacent to ours, specifically the property located at 80 Harriet Street South. As we understand it, the owners of 807 Harriet, Jill and Truett Lawson, have petitioned the city for a second variance in addition to the current one that allows them to have a B&B despite the non -conformity of their property to the typical size requirements for a B & B. This additional, second variance seeks permission to add one additional guest room to the two currently in use at 807 Harriet for the purpose of running a B & B. I want to stress that we like Jill and Truett and wish them well in this endeavor if the city should determine the granting of a second variance is permissible, but we do have some concerns that we feel ought to be expressed and taken into consideration in any decision regarding this matter. First and foremost is the impact a three-room B & B would have upon our property value. We have worked diligently since 2011 when we purchased the property at 622 Churchill St West to restore it and the surrounding grounds. And while we use the facility as a private residence we want to preserve the option of pursuing a B & B license (which was originally attached to 622 Churchill St S.) should we decide to do so, and especially if we were to ever sell this property the option of being able to convert it to a B & B would be of value both in terms of listing this property and to the pool of potential buyers. When 622 Churchill St. West was sold and divided in 2006, 622 continued to operate as a B & B and 807 Harriet as well, often as an "overflow" for additional guests at 622 despite the fact that the two properties were now legally divided into two separate parcels. So I assume the city is comfortable allowing, in effect, two B & B's to operate side by side. In short, we would like some kind of assurance from the city that if 807 were to become a three bedroom B & B and were to be sold as such, that the option still would be open for us as residents of 622 (the original B & B property) to pursue the granting of a B & B permit. Or at least given assurance by the city that the possibility of converting 622 back to a B & B would not be forever precluded. Our home is eminently suited for this purpose, both in terms of size, scale, number of bedrooms, and grounds. If necessary, we would be willing to initiate this process now of applying for a permit (even though we would not operate a B & B) to ensure this option remained a viable one for us and the long- term value of our property Secondly, we are concerned about having three bedrooms, especially with regard to the parking situation. We are aware that a proposal has been made to add an additional space, but the entire five years we have lived here we have observed that guests have continually utilized the street to park, often along the side of Harriet Street beside our home. This creates a problem as cars often park so close to our driveway as to make it difficult at times to enter and exit without exercising undue caution to make sure we don't hit a vehicle. Guests also park adjacent to our curb and have been observed treading upon our gardens as they exit their vehicles, since there is no sidewalk. Finally, we are not convinced that adding one more parking space will alleviate this problem since currently four spaces exist (if you count the two garage stalls and the driveway). Yet even with two guests currently allowed, owners have almost never used the garage and parking has continued on the street. The situation is extremely difficult in winter with snow banks plowed up to the curb. We know that our neighbor, Betsy Glennon, who resides across from 807 Harriet has experienced difficulty at times accessing her driveway and that night lights from cars shining into her living room window have been an occasional nuisance. And then there is the issue of guests coming and going down Harriet Street to access the B & B on weekends. Thirdly, we are concerned about the fact that the B & B at 807 Harriet is currently run as a latch key operation. The owners are largely absent, though there is a caretaker who comes to stay when guests are expected. But we think there is a safety issue that should be addressed in this regard. Isn't it far better to have a resident living at the property 24/7 who knows all the ins and outs of the building, especially if something were to go wrong that could pose a potential hazard? Currently, to our knowledge, the property only has a caretaker in residence when there are guests; otherwise, to our knowledge, the property at 807 stands vacant. This is of concern to us. In conclusion, we want to reiterate that we like Jill and Truett Lawson and wish them well if the City should move forward with the proposal as outlined in Case No. 2016-21. But we feel that as owners of 622 Churchill Street West we have some legitimate concerns and we appreciate the time you take to address them for us. Sincerely, Robert L. Gambone James M. Peterson Property owners at 622 Church Street West Abbi Wittman From: Betsy Glennon <betsy.glennon@comcast.net> Sent: Thursday, June 02, 2016 10:38 AM To: Bill Turnblad; Abbi Wittman Subject: Request for variance for 807 Harriet St S Good morning, Bill and Abbi I received notice via U.S. mail that owners Jill and Truett Lawson are seeking a variance to Stillwater's Bed and Breakfast regulations so that they can add a third bedroom to the James Mulvey carriage house. They plan to sell the residence as an operating bed and breakfast. I have several concerns and unfortunately, cannot support their request for a variance for the following reasons: 1. I purchased my property (812 Harriet St S) from the Lawsons' parents in August, 1996. It is directly across the street to the west of the carriage house. My property will be directly impacted, and possibly sustain the greatest impact of any surrounding properties, if the the variance is granted. The 800 block of Harriet St S is a "dead end" at its north end, where the ravine cuts across its line. For the past 20 years I have been able to observe the parking problems which occurred in the dead end both when the main Mulvey house facing Churchill St operated full time as a B&B; when the Lawsons obtained their first variance to add the carriage house as additional rooms; and ever since they sold the main house but continued to operate the carriage house as off -site proprietors. Guests habitually park directly across from the entrance to my driveway, making access and egress difficult, especially during snow months when plowing limits the north dead end space as well as sidewalk/street space open to traffic. There is inadequate parking space available on the carriage house premises without vehicles either parking on residential curbs and/or blocking residential traffic. The Lawsons can make representations about how they will encourage guests about where to park, but once the carriage house is sold, this is no longer their problem or their concern. I do not want to spend the remainder of my days on Harriet St S enforcing a promise made by sellers to the city which serves only their interests as sellers. 2. Is the carriage house even a legal B&B? At the time the first variance was obtained, it was tied to the full time operation of the James Mulvey House (the green Italianate structure facing Churchill). The Lawsons sold the Mulvey House to two business partners who attempted to operate it as a B&B, but who nearly slid into foreclosure. The house was sold several years ago to private owners. At the time of the sale, from both my recollection of conversations with buyers and sellers, and from a city council meeting regarding the B&B, conditions of the sale mandated that the Mulvey House never be operated as a B&B in the future (the bank was taking a monumental loss on the property, originally sold for around $750,000 and then being purchased for around $340,000). With this condition, the variance for the carriage house to operate as a B&B would have been severed. 3. The current carriage house has been operating as something other than a true B&B for years, despite what the website advertises. There are no on -site innkeepers. An individual stays overnight at the carriage house on days when rooms are booked. Guests cannot have on -site meals as the carriage house does not have the facilities or licenses to serve food. All of this because because the first variance tied the operations to the main Mulvey house being operated as s licensed B&B. 4. I have maintained cordial albeit strained relations with the Lawsons since the first time my basement flooded a few months following purchase of my home from their parents. Apparently, they had "never had water problems" in the past. I have spent over $20,000 having my yard excavated, drain tiles installed, water proofing applied, a rain garden planted, and other measures taken to try to correct the first time ever water problem that came with the property, to no avail. Additionally, I have been involved in several years of legal issues with properties adjoining mine having to do with property lines and title issues that the Lawsons misrepresented at the time I purchased my property. 5. I bring this up only to make the point of how tired I am of the aftermath of their real estate dealings - once they are gone, the enforcement of their empty promises will be the problem of long term city residents left to do the enforcement on parking, noise, excessive traffic in a land -locked street space, and constant traffic into a peaceful cul-de- sac. For the above reasons I cannot support expansion of what is possibly not even a legally operated B&B into an even larger one, only to facilitate its commercial attractiveness to buyers who will increase the traffic into a peaceful neighborhood street that cannot sustain the wear and tear and congestion of a retail operation. Thank you for this opportunity to be heard. Margaret (Betsy) Glennon 812 Harriet St S Stillwater, MN 55082 651-430-8855 (h) 641-308-7367 (c) 2 \ater THE NIRTHPL R r: E B} MINHESO PLANNING COMMISSION MEETING DATE: June 8, 2016 CASE NO.: 2016-24 APPLICANT: Cory Burstad, Elevage Development Group, representing Stillwater Caves and Luna Rosa, property owners REQUEST: Consideration of a Special Use Permit for a 40-unit hotel and restaurant, with outside seating, to be located at 402 Main Street South in the historic Joseph Wolf Brewery Block ZONING: Commercial Business District COMP PLAN DISTRICT: Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner REQUEST Cory Burstad has applied for a Special Use Permit for the retrofit of the historic Joseph Wolf Brewery block to be converted into a 40-unit hotel room and associated restaurant with outside seating. Although the City publicly notified variances are being sought, it has been determined no variance is requested as part of this development. Case No. 2016-24 CPC June 8, 2016 Page 1 of 5 jijwater THE B I R T H I.I.A I: E Of- MINNESOIA PROPOSAL DETAILS The hotel and restaurant project will encompass the entire existing structure, with the following additions proposed: 1. A third story is proposed to be placed upon the existing two-story portion centered in the middle complex, between the two stone structures. 2. A one-story addition will be added to the southernmost portion of the structure, in alignment with the southern stone structure. The main floor of the building will be utilized for the hotel lobby, restaurant and bar, as well as for offices and a breakroom area for employees. The former gelato shop will be utilized as a retail space. The second floor will contain 17 guestrooms with an open courtyard area. The third floor will have equally as many guestrooms as the second floor, where there will only be six guestrooms on the fourth floor. SPECIAL USE PERMIT REGULATIONS AND ANALYSIS Section 31-207 indicates in approving a Special Use Permit, it must be determined by the Planning Commission that: The proposed structure or use conforms to the requirements and the intent of this [zoning] chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Any additional conditions necessary for the public interest have been imposed and use/structure will not constitute a nuisance or be detrimental to the public welfare of the community. The use is consistent with the Comprehensive Plan. The project assists the City in meeting the Downtown Plan goal to "encourage a viable and compatible mic of community and visitor -serving activities that building on the assets of downtown as a desirable place to live, work, shop, and visit consistent with the capacity of public services and facilities and the natural resources." While the design will need to obtain an amendment to a Site Alteration permit issued by the HPC in 2013, it meets the objective to "encourage architectural and urban design which recalls late 19th Century commercial design, if refined and subdues, introduces more colors consistent with the Victorian era..." Lastly, as the development meets the Local Economy Policy "to encourage downtown as a relocation destination for successful businesses". The zoning chapter requirements, not addressed through the variance request, applicable to this SUP are: Height: For vacant lots immediately adjacent to an existing building, the height of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. As the submitted facade details depict, the top of the parapet of the proposed additions are both within 10% of the adjacent, existing structures. The additions will be compliant with the maximum height for the CBD (Historic) Overlay District. Case No. 2016-24 CPC June 8, 2016 Page 2 of 5 jijwater THE B I R T H I.I.A I: E Of- MINNESOIA Off -Street Parking and Loading: Hotels are required to provide one parking space for each unit, plus one for the resident owner or manager (plus one-half of required parking for related activities such as restaurants, lounges and retail shops). Simply put, the development cannot meet the onsite parking requirements. While a full analysis of parking has not been conducted to date, this will be completed prior to the application being presented to the Downtown Parking Commission's meeting. Outside Eating: Outdoor Eating areas are fairly common in the Central Business District. Furthermore, the applicant is not proposing outdoor entertainment for this portion of the restaurant. Stormwater Management Practices: Projects within the Middle St. Croix Watershed Management Organization (MSCWMO) must meet the full review requirements of the MSCWMO Plan. Approval of the SUP will be contingent on MSCWMO stormwater management plan review and approval. Design Review: While the development received a Design Permit in 2013, the exterior facades have been modified from that original approval. As such, the applicant will need to secure a Site Alteration permit from the Heritage Preservation Commission prior to the release of a building permit. Lastly, the zoning chapter indicates no greater than 80% of the lot may be covered, with the 20% remainder of the lot to be landscaped. As the entire parcel is currently hardscaped, the provisions of this section of the zoning chapter do not apply. ALTERNATIVES A. Approval If the Planning Commission finds the proposal to be consistent with the provisions of the SUP process, should move to approve the SUP with the following conditions of approval: 1. Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2016-024 and dated as 5/20/2016. 2. An alternative provision to meet the parking space deficit shall be recommended by the Downtown Parking Commission to the City Council prior to the issuance of a Special Use Permit. Recommendations from the Downtown Parking Commission shall be incorporated as a condition of approval. 3. All existing and future trash receptacles shall be stored inside the building at all times with the exception of the day of trash collection. In the event the applicant would like to develop an external trash enclosure to accommodate for trash storage, the trash enclosure shall be reviewed and approved by the Heritage Preservation Commission prior to the installation. Case No. 2016-24 CPC June 8, 2016 Page 3 of 5 Jijwate THE B I R T H P L A r€ B F MINNESOIA 4. A Design Review permit shall be submitted and approved by the Heritage Preservation Commission prior to the issuance of a building permit. The application shall include all items outlined in Section 31-209(d) including, but not limited to, , parking and circulation areas, a comprehensive lighting plan, sign plan, building elevations (to include detailed material description and colors), and a landscaping plan. 5. The building permit submittal shall include verification a stormwater management plan, meeting the full review requirements of the MSCWMO Plan, has been determined to be consistent with Middle St. Croix Watershed Management Organization (MSCWMO). 6. Per the City's nuisance ordinance, no device for the production or reproduction of sound in a distinctly and loudly audible manner is permitted between the hours of 10:00 p.m. and 8:00 a.m on the outdoor eating area. 7. No outside entertainment shall be allowed on the outdoor eating area without first obtaining approval of an amended Special Use Permit from the City Planning Commission. 8. Prior to the release of a building permit, the applicant shall enter into a Development Agreement for any and all public infrastructure improvements including, but not limited to, parking and drive areas on public lands, landscaping, water, sewer and storm line improvements, curb and gutter. The Developers Agreement shall be recorded against the property at the expense of the applicant. Proof of recording shall be submitted to the City prior to the release of the building permit. 9. A building permit shall be reviewed and approved prior to exterior alterations. 10. Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. B. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Planning Commission finds the proposal is not consistent with the provisions of the SUP regulations, the Commission should deny the application. The Commission should indicate a reason for the denial. FINDINGS AND RECOMMENDATION Staff finds that with certain conditions of approval the proposed 40-unit hotel, restaurant, and outside eating area are in conformance to the SUP provisions. Therefore, staff makes the recommendation the Commission grant conditional approval of Case No. 2016-24 with the conditions outlined above. ATTACHMENTS Site Location Map Historic Site Photograph Case No. 2016-24 CPC June 8, 2016 Page 4 of 5 Jijwate THE B I R T H I.I.A I: E Of- MINNESOIA Exterior Elevations (3 pages) Floor Plans (6 pages) Historic Elevations (4 pages) Case No. 2016-24 CPC June 8, 2016 Page 5 of 5 ��lwa I ter ,, . - i i •,, * "• - n \ \ r 7,4\ The Birthplace of Minnesota WTv 402/410 Main Street South IV Parcel Boundaries selection • _ -' . O ,4 Parcel Boundaries emu —Municipal Boundary n le 4. - t,�6 0;:;— .e (�! A., 0 125 250 500 Feet e. 05, - 1 - r-- General Site Location NEC 'f s� F ,„ wv, Av:, __, roili .73 i i v• S -� d q v s J1 0 LI maluirklaiiiewei:Ei 1 1-)noleiffiner FRONT (EAST) ELEVATION SIDE (NORTH} ELEVATION IN_waiW -k`�ti'---s♦..11= wls.-M�— - I 'y��- TI T1 — m----N--'IN_1 -. III —M i�MMillillE w--iaPai MINE di„ ;ice.. � _r ITN, M I t 1 =WM . MEW NG:. wwai. e 211111111111 R �° I.{-it5u.l�l IV�E.9GSf. MI II I' Is MI N MMIN1=11Milbilll ■ • 07=IIil�l1,ist_a■lj� GILLIIIIIIIIIIIIMIIIIMIIMILIMMEGEGIIMIIIIIFIrle "3/41° AIM -/; _ILA P AC-0 .. alma_ w.- di --- _ - PNlliTT ! mow- - r JIB AVOWING ale Are -ftll-Ilr=.E�Z, f/ F r r wait. - y y .r. wad iegra���■ 'C_.i T T�PE-_.wiE ,- 1 nni x. ! LI h ,. I 1 I T P 1 1 Il i) T 1 finn daniela A IE C_H P r a C r 2145 Ford Parkway, Ldla 301 S.b.l Paid, Minnesota 55116 651.690.5525 Fax 690 5545 wwwMmd.nl.lsmm CONSULTANTS: I Aarab., candy that rtb pn. 10 d9 c.d. ,. 'Mon wet ara.ai.d by ow or under my awl wPaiwan and bit .lyy t1ms1YsNIM un0nt . I.m of dta roan M • TYP.d 11.m RaSblmOon Mankor DM. PROJECT: STILLWATER BOUTIQUE HOTEL 402 SOUTH MAIN STREET STILLWATER, MN 55062 PROJECT NO: SRID1 I9 5N et. - G0.0. CHECKED EPA G.G.O. ISSUES AND REVISIONS: E91157100 C000I7104S: 06.24 2015 lLf.r SHEET TIRE: FRONT (EAST) & SIDE (NORTH) ELEVATIONS 3/16" w 1t.0 EX-5 L fl -riff ' ;r IE II FRONT EAST ELEVATION SIDE (NORTH) ELEVATION II LIJ fLo ✓ne ir ir I I 11 1 I 1 II L - 11 �_. L..I II 1 «• I Finn daniels A R C H I T I C T I 2145 Ford Prrlwse, Wm 301 Saint Paul, Minnesota 55114 451690 5523 Fan 6911.544S www.4nn4rnittcom CONSULTANTS: INrWF aaunty1n.1 this shan, w.4IIF U ism, or awn was aapvad W Me Or wnw Jrn-r...roan. a. evil 0m r dl4y lkrnwd Archie. unM W Iwo ofthe ewe or- I Typed .lane-- IleldralnnNmmber Darr PROJECT: STILLWATER BOUTIQUE HOTEL 402 SOUTH MAIN STREET STILLWATER, MN 55082 P071 1.. 1if,: Lim1 OR4WN lh.- _.-. .._.0 LE COMMIE( *Au 11511FIANOPIVEDONi: FYiSTfIGiI;DTMORk ©l._J.:011_ SHEET TITLE: WEST (REAR) & NORTH (SIDE) ELEVATIONS 3/18n =1%0" EX-6 INT. COURT (WEST) ELEVATION 7-7-17 ft r—' r=' L_ , IL ii lI T ity IC� 1 •_�m "� I INT. COURT (SOUTH) ELEVATION d� Ala INT. COURT (NORTH) ELEVATION finn daniels e lR L Vl t T 11 C T i 2143 Cud Aukway, Sul* VI 3alnt R.VI, 4tlnn[wta SS11S ES1&SDSS3:S Faa ItIDSS4i wiwfrm.eimlele.cam CONSULTANTS: 1 hereby cr-ON Out MN pan, eperlR- ewlwhorrapertw prepared try no or older my dine supervision end that I am a duly Owned keit. Bnder the laws Drew Nab W - Typed tame AaENratlmrtwaaar Dwe AROICCT: STILLWATER BOUTIQUE HOTEL 402 SOUTH MAIN STREET STILLWATER, MN 55082 PROMO NO . 130SS d44Wp6+tr`k GAD / ammo BY: G.G.D. ISSUES AND REVISIONS: liAL/INC COMMONS! 9611,7413 -/f f SHEET TOLE INTERIOR COURT BUILDING ELEVATIONS 3/16N a 1,-0w EX-7 STILLWATER HOTEL STILLWATER HOTEL Enter address here PROJECT LOCATION Coon Rapids yn Park Brooklyn Center valley 'ark CI Blaine Spring Lake Park 55 AT "'Circle Pines I..Lexinglon T ligrls Shoreview v -New- Brighttab Columbia Arden Hillss Heights (Fr) St Anthony (4 Mirineapalis � r rJ Roseville Chaim of Lakes Park Reserve Lino Lakes North Oaks rSn Hugo White Bear Lake r Vadnais If+l Gem Lake Heights/ fL_ Mahtomedi 6Y tl North°SI Paul 1} '- Oakdale St Paul :— a.,,, Maplewood `tt) West St Paul Woodbury Maple Island Withrow Lake Elmo Lake tiros Park Reserve Carnelian Junctior if402 Main St S lI) oak Park Heights Bayport North Hudson ysi Hudson SCmeth el wifrow River State Park Soso Junction Jchamesl Boardrnan trI Vicinity oNe Grand Banquet to elso 11ey 54- e`sp5 c glI.ve� 1 Whitey's Bar tAeicSon N;Lel' Lion's Tavern 64 Teddy Bear Park 4,4 LoLo American Kitchen and Craft Bar Marx Fusion Bistro !4fl2 Main t1 Freight House Midtown Antique Mall Rafters `YI tyelson s Stillwater Farm Store Tin Bins Smalley s Caribbean Barbecue Ti ty Darn Knit Anyway ilk Dock Cafe Site Location PROJECT TEAM Developer: Architect: Contractor: Civil/Landscape: Structural Engineer: Mechanical, Electrical, Plumbing Engineers: Elevage Development Group (EDG) 1901 Baltimore Street NE Blaine, MN 55449 Ph: 612.280.4328 Elness Swenson Graham Architects Inc. 500 Washington Ave. South, Suite 1080 Minneapolis, MN 55415 Ph: 612-339-5508 Englesma Construction 7119 31 st Avenue North Minneapolis, MN 55427 Ph: 763.536.9200 T.B.D. Innovative Structural Solutions (ISS) 5279 Kyler Avenue NE Alberville, MN 55301 Ph: 763.425.9960 T.B.D. (Design -Build) 402 SOUTH MAIN ST STILLWATER, MN 55082 SYMBOLS LEGEND X T.O. XXX EL = XX'-X" XX'-X" XX XX SECTION AND ELEVATION REF X< INTERIOR ELEVATION REF < SHEET NUMBERING DETAIL REF WALL TYPE (SEE SHEET A10.1) WINDOW TYPE (SEE SHEET A11.2) ELEVATION REF SPOT ELEVATION REF FLOOR FINISH TRANSITION REF DISCIPLINE FLOOR LEVEL OR SHEET NUMBER A1.1 DETAIL REFERENCE DRAWING SERIES AREA TO BE DETAILED OR ENLARGED DASHED LINE FOR ENLARGED PLANS ONLY DETAIL NO. \— SHEET NO. ELEVATION REFERENCE SEQUENTIAL NUMBERING OF ELEVATION SHEET SHEET NO. SECTION REFERENCE DETAIL NO. A4.3 SHEET NO. DETAIL NUMBERING A10.1 TITLE 1/2" = 1'-0" SEQUENTIAL NUMBER FOR LARGE DRAWINGS. WHICH DESCRIBES THE DETAIL SCALE OF DETAIL UNLESS TYPICAL AND INDICATED IN TITLE BLOCK PARTITION TYPE SYMBOL PARTITION TYPE KEY NOTE SYMBOL PARTITION IDENTIFICATION NUMBER REFERS TO KEY NOTE LIST NOTE: KEY NOTES DIFFER FROM SHEET TO SHEET J 2 SECTION PLAN ( EXTERIOR ELEVATIONS / MOUNTING HEIGHTS DIAGRAM (ACCESSORIES) ROOM XXX (XXX) �XJ EXTERIOR ELEVATION KEYNOTE REF ROOM NAME AND NUMBER DOOR NUMBER SECTION KEYNOTE REF REVISION NUMBER FIRE EXTINGUISHER CABINET FIRE EXTINGUISHER - WALL MOUNTED COLUMN GRID DESIGNATORS 1 A LINE TYPE IDENTIFICATION DIMENSION LINE NOTE LEADERS CENTER LINE OR FLOOR LINE BROKEN LINE, LINE ABOVE OR BELOW, SOFFITS, NIG ITEMS OR FUTURE REVISION: CLOUD AROUND MOST REGENT REVISION MADE OPENING IDENTIFICATIONS WINDOW TYPE (A @ PERP 4" TYP (UNO) WINDOW TYPE - REFER TO EXTERIOR ELEVATIONS FOR LOCATIONS & A11.1 FOR TYPES J DOOR TYPE 0104 NEW DOOR IN NEW WALL REFER TO OPENING SCHEDULE ROOM IDENTIFICATION OFFICE 101 FLOOR ROOM NAME ROOM NUMBER INTERIOR FINISH TAGS UNIT INTERIOR ROOM NAME PT-2 WB-1 CPT-1) CT-1 CPT-1 WALL FINISH BASE FINISH FLOOR FINISH FLOOR FINISH TRANSITION TYPICAL FINISH ABBREVIATIONS: CT - CERAMIC TILE CPT - WDB - VB - PT - VCT - RF - STN - CARPET WOOD BASE VINYL BASE PAINT VINYL COMPOSITION TILE RESILIENT FLOOR STONE DRAWING INDEX DRAWING NUMBER DRAWING NAME SCHEMATIC DESIGN PRICING SET (05/20/2016)1 ISSUE 2 ISSUE 3 GENERAL INFORMATION T1.1 TITLE SHEET • • • ARCHITECTURAL D1.1 DEMOLITION PLAN - LEVEL 1 • D1.2 DEMOLITION PLAN - LEVEL 2 • D1.3 DEMOLITION PLAN - LEVEL 3 • D1.4 DEMOLITION PLAN - LEVEL 4 • D1.5 DEMOLITION PLAN - ROOF • A1.1 FIRST LEVEL PLAN • A1.2 SECOND LEVEL PLAN • A1.3 THIRD LEVEL PLAN • A1.4 FOURTH LEVEL PLAN • A1.5 ROOF PLAN • A2.1 REFLECTED CEILING PLAN - LEVEL 1 • A4.1 BUILDING SECTIONS • STRUCTURAL SO.1 GENERAL STRUCTURAL NOTES • S1.1 FOUNDATION PLAN • S2.1 SECOND LEVEL FRAMING PLAN • S3.1 THIRD LEVEL FRAMING PLAN • S4.1 FOURTH LEVEL FRAMING PLAN • S5.1 ROOF FRAMING PLAN • ` UNIT MIX & SQUARE FOOTAGES GUESTROOM MATRIX Name Count K 35 K-ACC 2 QQ 2 SUITE 1 Grand total: 40 TOTAL GSF: 30,140 sf E:SG elness swenson graham architects 500 washington avenue south minneapolis minnesota 55415 p. 6 1 2. 3 3 9. 5 5 0 8 f. 6 1 2. 3 3 9. 5 3 8 2 w w w. e s g a r c h. c o m I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota Signature Typed or Printed Name License # Date SCHEMATIC DESIGN PRICING SET 05/20/2016 ORIGINAL ISSUE: 05/20/2016 REVISIONS No. Description Project Number Date PROJECT NUMBER ESG ESG DRAWN BY CHECKED BY KEY PLAN PLAN NORTH ti°TqGF Ty STILLWATER TITLE SHEET HOTEL .1 T 1 STILLWATER HOTEL Enter address here AVES EYOND - N.I.C. RETAIL ( 1 FIRST LEVEL FLOOR PLAN V.I.G.) NEW DOORS WITHIN EXISTING OPENING i i WINE CELLAR RESTAURANT SEATING 101'-61/2" INFILL PORTION OF EXISTING OPENING AT STAIR GLAZED STOREFRONT INFILL AT EXISTING OPENING CIRCULATION CORE 101'-8" NEV' ELEVATOR AND PIT DROPPED CEILING AT WIDER STAIRS ABOVE LOBBY 101' - 8" VESTIBULE L NEW ALUM STOREFRONT VESTIBULE BARREL VAULTED CANVAS AWNING ABOVE SLOPE DOWN TO OPENING 101'-8"4, NEW RAMP ON NEW STAIRS RESTAURANT SEATING OFFICE OFFICE RECEIVING 4 102' - 7 3/4" RESTAURANT SEATING NEW ALUM STOREFRONT VESTIBULE EXISTING ELECTRICAL SWITCHBOARD TO REMAIN MECH/ELEC/UTILITIES WATER SERVICE PIPE OVERHEAD 4_105' - 4" HOTEL STAFF BREAK ROOM NEW STOREFRONT AND TO MATCH EXISTING NEW DOOR RECESSED BEHIND EXISTING OP NEW WOOD STAIR 106' - 10 1 /4"� ELEVATED BREAK ROOM TO MATCH EXISTING FLOOR ELEVATION AT ARCHED OPENING - FIELD VERIFY 115'-4" DOOR A1.1 1 3/16" = 1'-0" esG elness swenson graham architects 500 washington avenue south minneapolis minnesota 55415 p. 6 1 2. 3 3 9. 5 5 0 8 f. 6 1 2. 3 3 9. 5 3 8 2 w w w. e s g a r c h. c o m I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota Signature Typed or Printed Name License # Date SCHEMATIC DESIGN PRICING SET 05 /20/201 6 ORIGINAL ISSUE: REVISIONS No. Description Project Number Date PROJECT NUMBER ESG ESG DRAWN BY CHECKED BY KEY PLAN PLAN NORTH T Ty STILLWATER FIRST LEVEL Al.] HOTEL PLAN 1 \ SECOND LEVEL FLOOR PLAN NEIN TOPPING OVER EXISTING FLOOR GRAWL5PACE (REINFORCE A5 NEEDED) INFILL EXISTING OPENING FLOOR SLOPES UP - MAX SLOPE 1:12 115' - 11 3/4" SMALL POTTED TREES COURTYARD ROOF BUILT UP OVER EXISTING STRUCTURE MECHANICAL SHAFT — SMOKE CURTAIN — ELEVATOR LOBBY BID ALT - REMOVE EXISTING FLOOR STRUCTURE TO LOWER FLOOR TO ALIGN WITH LEVEL 2 (115'-4") PRIVATE PATIO ABOVE EXISTING DOOR`•" O BE REMOVED`-'_ ND REPURPOSE DOOR. REPLACE ITH WINDOW. INFILL EXISTING OPENING WOOD PLANK AT COURTYARD Inr 1 11 11 11 11 III I I II II II J I I I I II II II JJ I GREASE SHAFT / \ BUILT-UP FLOOR OVER EXISTING STRUCTURE NEIN FLOOR STRUCTURE THIS BUILDING FUR OUT EXISTING STONE WALLS THIS BUILDING (TYP) 4� A1.2 / 3/16" = 1'-0" STILLWATER HOTEL Enter address here esc elness swenson graham architects 500 washington avenue south minneapolis minnesota 55415 p. 6 1 2. 3 3 9. 5 5 0 8 f. 6 1 2. 3 3 9. 5 3 8 2 w w w. e s g a r c h. c o m I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota Signature Typed or Printed Name License # Date SCHEMATIC DESIGN PRICING SET 05 /20/201 6 ORIGINAL ISSUE: 04/20/16 REVISIONS No. Description Project Number Date PROJECT NUMBER Author Checker DRAWN BY CHECKED BY KEY PLAN PLAN NORTH T Ty STILLWATER SECOND LEVEL A1 HOTEL PLAN .2 STILLWATER H OTEL Enter address here NEW CON. SLAB OVER CRAWLSPACE NEW CON SLAB 2 M 0 0 N 0 THIRD LEVEL FLOOR PLAN 3/16" = 1'-0" HOUSEKEEPING NEW FLOOR STRUCTURE NEV ROOF ASSEMBLY - NEW RAILING A5 REQUIRED ---- MECHANICAL SHAFT SMOKE CURTAIN --- I I _ I LE.. _ / uP► INW i NEW FLOOR STRUCTURE PRIVATE BALCONY D� NEV EXTERIOR WALLS - VERTICAL METAL PANEL (TYP) PRIVATE PATIO PRIVATE PATIO GREASE SHAFT METAL PANEL AND FULL -HEIGHT GLAZING BID ALT - BRICK WALL WITH SLIDING PATIO DOORS EW RAILING A5 REQUIRED EXTERIOR EGRESS SLOPE TO GRADE 1 — NEV FLOOR STRUCTURE THIS BUILDING FUR OUT EXISTING STONE WALLS THIS BUILDING (TYP) 4 (6) esc elness swenson graham architects 500 washington avenue south minneapolis minnesota 55415 p. 6 1 2. 3 3 9. 5 5 0 8 f. 6 1 2. 3 3 9. 5 3 8 2 w w w. e s g a r c h. c o m I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota Signature Typed or Printed Name License # Date SC H EM ATIC DESIGN PRICING SET 05 / 2 0 / 2 0 1 6 ORIGINAL ISSUE: 04/20/16 REVISIONS No. Description Project Number Date PROJECT NUMBER Author Checker CHECKED BY DRAWN BY KEY PLAN PLAN NORTH T ti STILLWATER THIRD LEVEL A1.3 HOTEL PLAN STILLWATER H OTEL Enter address here VALET PARKING T SLAB ON GRADE AT LAUNDRY NEW GONGRETE WALK EXTERIOR EXIT 4 A4.1 3- A4.1 HOUSEKEEPING K-ACC. EXTERIOR EXIT - SLOPE DOWN TO SITE NEW FLOOR STRUCTURE REPLACE EXISTING DOOR WITH WINDOW LAUNDRY INFILL EXISTING OPENING NEW WALL AT EXISTING OPENING - 2 HR RATED WALL AT STAIR SHAFT T QQ DN' INFILL EXISTING OPENING SMOKE GURTAIN 5 A4.1 6 A4.1 Fl r i FOURTH LEVEL FLOOR PLAN 3/16" = 1'-0" INFILL EXISTING OPENING i esc elness swenson graham architects 500 washington avenue south minneapolis m innesota 5541 5 p. 6 1 2. 3 3 9. 5 5 0 8 f. 6 1 2. 3 3 9. 5 3 8 2 w w w. e s g a r c h. c o m I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota Signature Typed or Printed Name License # Date SC H EM ATIC DESIGN PRICING SET 05 / 2 0 / 2 0 1 6 ORIGINAL ISSUE: 04/20/16 REVISIONS No. Description Date Project Number PROJECT NUMBER Author Checker DRAWN BY CHECKED BY KEY PLAN PLAN NORTH T ti STILLWATER HOTEL FOURTH LEVEL PLAN A1.4 STILLWATER HOTEL Enter address here NEW CONSTRUCTION KEYNOTES P1 NEW BUILT-UP FLOOR OVER EXISTING FLOOR ASSEMBLY P2 NEW FLOOR STRUCTURE AND FINISH ASSEMBLY P3 NEW ROOF ASSEMBLY P4 NEW ROOF STRUCTURE AND ASSEMBLY NEW ROOF STRUCTURE AND/SSEMBLY 1 ROOF PLAN ELEVATOR OVERRUN NEV' ROOF STRUCTURE AND ASSEMBLY A1.5 / 3/16" = 1'-0" esc elness swenson graham architects 500 washington avenue south minneapolis minnesota 55415 p. 6 1 2. 3 3 9. 5 5 0 8 f. 6 1 2. 3 3 9. 5 3 8 2 w w w. e s g a r c h. c o m I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly licensed architect under the laws of the State of Minnesota Signature Typed or Printed Name License # Date SCHEMATIC DESIGN PRICING SET 05 /20/201 6 ORIGINAL ISSUE: 04/20/16 REVISIONS No. Description Project Number Date PROJECT NUMBER Author Checker CHECKED BY DRAWN BY KEY PLAN PLAN NORTH T ti°gF Ty STILLWATER ROOF PLAN A1 HOTEL .5 :=I [ '-_.j i I r_..._..... .tA T_.e 1. si/AT 101,k CX': 1..i...(A R. 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T.PPUL1 1?-1-1011 y- v` " -1-1 • I ^ - • ^,, ...... µ " « • • • _ • _ ti11wa THE B O R 1 H P L A C E Of- MINNESOTA PLANNING REPORT MEETING DATE: June 6, 2016 APPLICANT: CASE NO.: 2016-025 Brain Farrell, Northland Real Estate Group representing the McKenzie Living Trust, a property owner in part of the Croix Bay proposed community REQUEST: Consideration of a Zoning Map Amendment (ZAM) to rezone 12620 72nd Street North to be rezoned from Agricultural Preservation (AP) to Lakeshore Residential (LR) PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND On April 5, Brian Farrell with Northland Real Estate gained conceptual Planned Unit Development (PUD) approval for a Senior Living Care Facility to be located at 12525/12721 75th Street North and 12620 72nd Street North. However, Senior Care Living Facilities are a use only permitted by Special Use Permit in the Lakeshore Residential (LR) zoning district. A request for rezoning of 12620 72nd Street North was denied by the City Council, with findings related to the denial citing concerns for density and height increases requested. Therefore, only the northern parcels are eligible consideration of a Special Use Permit for Senior Care Living Facilities. SPECIFIC REQUEST City Code Section 31-204, Subd. 9 indicates "Whenever a permit is denied or withdrawn, no new application for the same or substantially the same project may be filed for a period of one year from the date of the denial or withdrawal. Where an application has been denied without prejudice, an application for the same or substantially the same project may be filed within the period of one year." Though previously denied by the City Council, the applicant has requested approval of a Zoning Map Amendment (ZAM) to change 12620 72nd Street N. (PID 30.030.20.42.0004) from Agricultural Preservation (AP) to Lakeshore Residential (LR), which copies of the base zoning regulations for each district are attached for review. Though the applicant has not submitted new materials for the Planning Commission's review, as the Planning Commission previously made findings for a recommendation of approval at their March 9th meeting, the applicant has indicated an updated plan will be submitted to the Council. The plan will include: greater separation from adjacent residential property owners; stepping proposed stories from the south to lessen impacts on adjacent property and lake frontage; a more detailed plan for more broader and more permanent public dedication of natural resource spaces; clarification of proposed rights -of -ways and roadway improvements; clarification of use of waterfront and lake access; a mix of building heights to break up building elevations; options for both flat and sloped roofs; basic traffic analysis of proposed uses; and options for architectural finishes and modifications to rooflines. REQUEST ANALYSIS Prior to approving a ZAM, the Commission must find that • The public necessity, and the general community welfare are furthered; and • That the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. The applicant further notes that the 2030 Comprehensive Plan (CP2030) calls for this property to have a future land use classification of Low Density Residential (LDR). The site (CP2030 Vacant Site C) is noted in CP2030 as "appropriate for the expansion of low density residential used". There are four existing zoning districts consistent with that land use classification: Ra (One - Family Residential), TR (Traditional Residential), LR (Lakeshore Residential), and CTR (Cove Traditional Residential). The property owner's proposal to rezone the property from AP to LR is not only consistent with the Future Land Use map but it is also consistent with the zoning classification of those properties to the north and to the west, thereby reducing spot -zoning of this parcel. The applicant further indicates allowing for the rezoning would enable the developer to proceed with the development of an application for a Special Use Permit for a Senior Care Living Facility (SCLF), as conceptually approved in April. This SCLF would help the City support objectives outlined in the comprehensive plan such as "increase...lifecycle housing2" and "use the planned unit development process...to recognize and preserve existing natural resources and provide for future development3," and to "work with future developers to ensure trail developer is planned and developed according to the updated Park and Trail Plano". In the event rezoning did not occur and the parcel remained zoned AP, the following uses would continue to be outright permitted: single family dwelling, 50' agricultural structures, produce sales, commercial greenhouses, fish hatcheries, fur farming, etc.; a complete list of all Allowable Uses in Residential Districts is attached hereto. These uses, while outright permitted in the AP District, do not further the public necessity, and the general community welfare nor are they in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. ALTERNATIVES A. Approval If the Planning Commission finds the proposal to be consistent with the provisions of ZAT, the Commission should forward a favorable recommendation of approval of the ZAT with the following conditions of approval: 1 CP2030 Chapter 2: Land Use, Page 2-29 2 CP2030 Chapter 2: Land Use, Page 2-8 3 CP2030 Chapter 2: Land Use, Page 2-23 CP 2030, Chapter 2: Land Use, Page 2-24 Case No. 2016-025 (12525 75th Street North) CPC: 6/8/2016 Page 2 of 3 1. The rezoning will not become effective, nor will they be published, until a Final PUD and Plat is approved by the City and the Final Plat is filed with Washington County for recording. B. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Planning Commission finds the proposal is not consistent with the provisions of the ZAM regulations, the Commission should forward recommendation of denial to the City Council. The Commission should indicate a reason for such recommendation. RECOMMENDATION Staff finds the public necessity, and the general community welfare are furthered and that the proposed Zoning Map Amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. Therefore, staff makes the recommendation the Commission recommend conditional approval of these applications. ATTACHMENTS Site Location Map Applicant Narrative Zoning Map Lakeshore Residential Regulations Agricultural Preservation Regulations Residential Use Table Case No. 2016-025 (12525 75th Street North) CPC: 6/8/2016 Page 3 of 3 0 The Birthplace of Minnesota 12525 75th Street North 12721 75th Street North 12620 72nd Street North Site Location 49 Development Boundary -.4--Municipal Boundary Parcel Boundaries 470 940 1,880 Feet Northland Real Estate Group presents Croix Bay A Stillwater Senior Community Stillwater, MN NARRATIVE FOR ZONING MAP AMENDMENT May 19, 2016 • . • • LANDFORM From Site to Finish • • INTRODUCTION On behalf of Northland Real Estate Group, Landform is pleased to submit this application for a zoning map amendment to rezone the McKenzie property at 12620 72nd Street (Parcel No. 3003020420004) from Agriculture Preserve (A-P) to Lakeshore Residential (LR), which is consistent with the underlying Low Density Residential (LDR) land use. PREVIOUS ACTIONS In February of 2016, we submitted an application for approval of a concept PUD, rezoning and zoning ordinance text amendment to allow development of an integrated senior housing campus. Our proposal included: two buildings as part of a senior housing campus that is age -restricted, independent living in three distinct settings and memory care with a variety of services on -site. The campus is also intended to include the Grace Baptist Church and other retail/service amenities to serve the campus residents and the larger community. This type of campus development will allow the City to expand the range of housing options available for the aging population. Our concept is consistent with the 2030 Comprehensive Plan, which encourages a range of housing opportunities for the aging population in the community. This concept helps the City and the County meet the housing goals, which identified a need for senior housing in the area. The LR zoning district is one of only two districts in the City that allow senior housing. The Planning Commission held a public hearing on March 9th to consider our request and recommended approval of the request based on the finding that the Concept Planned Unit Development is in keeping with the purpose and intent of the PUD provisions. Additionally, the Commission found the public necessity, and the general community welfare are furthered; and the proposed Zoning Text and Zoning amendments were not only in general conformance with the principles, policies and land use designations set forth in the comprehensive plan, but were consistent with previous approvals granted on this site; and project added to the community welfare through the preservation of the 30-acre high -value natural area on the east. The City Council took lengthy public testimony both on March 22nd and April 5th and then took action to unanimously approve the Concept PUD (Resolution 2016-074). However, they voted to deny the request for a zoning map and zoning text amendment (Resolution 2016-85), based on 10 findings, including a finding that "The extra floor of units made possible if the height increase text amendment were passed would have a sizeable impact upon the view lines of many of the property owners in the neighborhood, especially for the buildings proposed along the bluff line of the subject site. Therefore, neither the height increase along the bluffline, nor the density increase enabled by an extra story along the bluffline, were looked on favorably by the City Council." This finding seems to be related to the text amendment, not the map amendment. We clearly heard the concerns about height and density and have been working to bring back a plan that addresses these issues. Since the Council meeting, we met privately with three adjacent landowners to NRG15001 L AN D F ORM May 19, 2016 Project Narrative 2 discuss their concerns and held a neighborhood meeting on May 11th to hear from concerned residents. We are taking the feedback from these meetings, the Council meeting and are working to address those comments. We are scheduled to present new concepts to the City Council at their June 7th work session. These revisions will result in a plan that is not the same as the previously reviewed plans. Specifically, we expect the new plans to address the following: • Greater separation from adjacent residential property owners, • Stepping of proposed stories from the south to lessen impacts on adjacent property and lake frontage, • A more detailed plan for more broader and more permanent public dedication of natural resource spaces, • Clarification of proposed rights -of -way and roadway improvements, • Clarification of use of waterfront and lake access, • A mix of building heights to break up building elevations, • Options for both flat and sloped roofs for Council consideration, • Basic traffic analysis of proposed uses and • Options for architectural finishes and modifications to rooflines. ZONING TEXT AMENDMENT We are requesting to rezone the McKenzie property (PID 3003020420004) from A-P to LR. Rezoning the parcel to LR is consistent with the guided designation of LDR as described and illustrated in the 2030 Residential Land Use Plan Categories chart on page 14 of Chapter 2 of the Comprehensive Plan. According to the Stillwater City Code, the A-P zoning district is "a holding zone for lands where phased urban expansion will occur". When development is proposed, the City will rezone the property to a zoning district that corresponds to the underlying land use. The McKenzie property is guided LDR and there are four corresponding zoning districts associated with LDR: RA (One -family districts), TR (Traditional residential), LR (Lakeshore Residential) and CTR (Cove traditional residential). Our requested Lakeshore Residential district is the least dense of these corresponding zoning districts and is consistent with the surrounding zoning. The landowner has a right to rezone the property from the A-P zoning district, which is a holding zoning until development occurs, to a zoning district that corresponds to the underlying land use. We believe this is the most appropriate district. A rezoning does not grant any project approvals, but does bring the landowner's property out of a holding zone district and into a zoning district consistent with the Land Use Plan and adjacent properties. NRG15001 L ANDF ORM May 19, 2016 Project Narrative 3 The ordinance requires the City Council to consider two standards when approving a map amendment. Our proposal meets these considerations, specifically: 1. The public necessity and the general community welfare warrant the adoption of the amendment. The public necessity and the general community welfare warrant the adoption of the amendment to ensure that the zoning is consistent with the underlying land use classification as required by State Law. The A-P zoning district is a holding zoning until development is proposed and then the property is intended to be rezoning to be consistent with the land use plan. Additionally, the change will allow development of this senior living campus, which increases lifecycle housing and service options in the community while protecting natural resources and maintaining open space. The project will help meet the Metropolitan Council objected outlined in Chapter 2 of the Stillwater 2030 Comprehensive Plan by providing more housing choices within the City and allowing for increased lifecycle housing by allowing for reduced setbacks and flexibility in design. 2. The amendment is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan. The amendment is in general conformance with the principles and policies set forth in the Comprehensive Plan and any adopted area or specific plan as addressed earlier in this narrative. SUMMARY We look forward to meeting with the City Council at their June 71h work session to present revised concepts for the senior housing campus. We respectfully request approval of the Zoning Map Amendment, based on the finding that it is consistent with the underlying land use classification. We request that the rezoning request be placed on the June 8th Planning Commission meeting and the June 21st City Council meeting for public hearings. We understand that there are several complexities related to the larger application that must be addressed prior to approval of a preliminary plat and PUD, but the rezoning simply reclassifies the McKenzie property to be consistent with the underlying land use category and the adjacent property. CONTACT INFORMATION This document was prepared by: Kendra Lindahl, AICP Landform 105 South Fifth Street, Suite 513 Minneapolis, MN 55401 Any additional questions regarding this application can be directed to Darren Lazan at dlazanaIandform.net or 612.638.0250. NRG15001 L ANDF OR M May 19, 2016 Project Narrative 4 lllwater The Birthpl ce of Minne t Zoning 1, 000 500 0 April 2015 Feet 1, 000 2, 000 District � AP: Agricultural Preservation LR: Lakeshore Residential ��' CTR: Cove Traditional Residential fir' RA: One Family Residential �' TR: Traditional Residential CCR: Cove Cottage Residential �� RB: Two Family Residential CR: Cottage Residential +� TH: Townhouse CTHR: Cove Townhouse Residential � RCM: Medium Density Residential RCH: High Density Residential �J CBD: Central Business District VC: Village Commercial CA: General Commercial BPC: Business Park Commercial � BPO: Business Park Office BPI: Business Park Industrial CRD: Campus Research Development � PA: Public Administration PWF: Public Works Facility � PROS: Parks, Recreation and Open Space Urban Features %'������ Municipal Boundary - ����' Road Centerline ROW Surface Water Lakes �^�- Rivers S: I Planning I GIST zoning120151 Zoning_ 2015. mxd Municode Sec. 31-303. LR lakeshore residential district. LR lakeshore residential districts shall be regulated as follows: (a) (b) (c) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. Accessory buildings and uses. Uses and buildings incidental to permitted or special permitted uses are subject to the following regulations: (1) All accessory structures must meet the requirements for the bluff and shoreline set forth in Section 31-402 (Shoreland Management overlay district). (2) No retaining walls may be constructed to create yard areas or sites for swimming pools. (3) No accessory buildings or uses that result in the cutting of trees or clearing of vegetation are permitted. Massing regulations. (1) Minimum standards. Lot area 20,000 square feet Lot width 80 feet Lot depth 170 feet Front yard setback House 25 feet Garage (front facing)2 32 feet Garage (side facing) 20 feet Side yard setback; Interior House 10 feet Garage 5 feet Corner House 25 feet Garage 25 feet Rear yard setback (any building, swimming pool, or other structure) 85 feet from Ordinary High Water elevation Frontage requirement3 35 feet Maximum garage area 1,000 square feet Height Main building 21/2 stories, not to exceed 35 feet Accessory building (garages) 1 story, not to exceed 20 feet (2) Additional setback standards.4 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (d) Design review. Administrative design review by the community development director is 1 of 2 9/17/2013 4:04 PM Municode L liwater required for all permitted and specially permitted buildings or uses in the Lakeshore district. Building siting, grading, drainage, tree Planning Department protection and erosion control measures must be reviewed by the community development director for each development site. All standards are minimum requirements unless otherwise noted. Front facing garages must be setback at least six fee more than the front wall or porch line of the house. House and garage setbacks are strongly encouraged to meet special design guidelines for variety of garage types and locations (front loaded, side loaded and recessed) and front and exterior side house elevations. Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. Measured from right-of-way line. 2 of 2 9/17/2013 4:04 PM iliwater Planning Department Sec. 31-302. A-P agricultural preservation district. A-P agricultural preservation districts shall be regulated as follows: (a) Purpose. The purpose of the A-P district shall be to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production and to serve as a holding zone for lands where phased urban expansion will occur. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas. The A-P district is further intended to preserve open space and natural resource areas. Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) Any other uses or activities determined by the planning commission to be of the same general character as those found in Section 31-315 for the A-P district and that will not impair the future urbanization of the property may be allowed. Detached accessory buildings. (1) No detached accessory buildings may be located within the required front yard. (2) All detached accessory buildings located within a side yard must be set back a minimum of ten feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot. (3) All detached accessory buildings located in the rear yard must be set back a minimum of 25 feet from the rear lot line. Massing regulations. (1) Minimum standards' (b) (c) (d) Lot area per dwelling 10 acres Lot width 300 feet Lot depth 300 feet Lot depth to width ratio 3:1 Front yard setback 50 feet Side yard setback 25 feet Rear yard setback 75 feet Height Height of residence 21/2 stories, not to exceed 35 feet Height of agricultural structures 50 feet maximum Height of accessory structures (other than agricultural structures) 11/2 stories, not to exceed 20 feet and not exceeding height of main residential structure (2) Additonal setback standards' Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (e) Building and unplatted land. A building permit for a residential or nonagricultural building in this A-P district will not be issued until a plot plan showing the proposed building and the land areas to be set aside to accommodate it is submitted and approved by the director of community development. The plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway. This delineated tract must be entered on the official zoning map of the city and is considered the same as a platted lot for purposes of regulating permits on adjacent land. The owners of tracts abutting an existing road, street or highway which has less than city standard width must deliver a warranty deed of dedication acceptable to the city for that amount of right-of-way necessary to comply with the city standards prior to the issuance of the building permit. (f) Agricultural uses. Agricultural uses are permitted with no restrictions as to operation of vehicles or machinery customarily incidental to agricultural uses and with no restrictions to the sale or marketing of products raised on the premises; provided, however, that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry must be located at least 100 feet from residentially zoned land; and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of residentially zoned land. (g) Subdivisions. Any request for subdivision of land in the A-P district must be accompanied with a ghost plat that shows how future urban development can be accomplished. All standards are minimum requirements unless otherwise noted. Measured from right-of-way line. Sec. 31-315. - Allowable uses in residential districts. liliwaler Planning Department ALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Single-family dwelling P P P P P P P P P CUP Two-family dwelling P p2 CUP Attached single- family dwelling or townhouse3 SUP P Townhouse, row house, group house P Multifamily dwelling4 and condominiums SUP Accessory dwelling (See Section 31-501 SUP P SUP Duplex accessory unit (See Section SUP 31-502 Roominghouses1 CUP Type I home occupation (See Section 31-500 P SUP P P SUP P P P SUP A SUP Type II home occupation (See Section 31-500 SUP SUP SUP SUP SUP SUP10 SUP SUP SUP Type III home occupation (See Section 31-500 SUP SUP Accessory building and use A A A5 A A6 A7 A$ A Public schools P CUP Elementary school SUP P CUP Public and private primary and secondary schools9 SUP10 SUP9'1° Early childhood education SUP Parks, playgrounds and other open space areas P P P P P P P P P 1 of 3 6/17/2013 8:12 AM Private recreation facility A A Church or other place of worship SUP10 SUP1° P CUP Cemeteries SUP10 SUP1° Hospital, nursing home or rest home SUP10 SUP1° Institutional building P CUP Bed Et Breakfast SUP1° p11 SUP Off street parking Et loading A A Agricultural uses P Agricultural produce sales P Commercial greenhouse P Fish hatcheries and aviaries P Fishing lakes and picnic groves12 P Forest and wildlife reservations or similar facilities P Fur farming (raising fur bearing animals, excluding skunks and civet cats) P Riding academies or stables P Essential services P P P P P P P P P P P P Commercial uses not found objectionable by neighbors CUP Retail business of a corner store nature CUP Senior care living facility SUP CUP Armory SUP1° Municipal fire station SUP1° P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit 2 of 3 6/17/2013 8:12 AM A = Accessory use Blank cell in table means that the use is NOT allowed. Only one principal structure is allowed on a parcel. Two-family dwelling allowed only on corner lots. An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. Dwelling units for three or more families on a single parcel. Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a special use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 2 (performance standards for accessory dwelling units in CTR district). Accessory structures in the TR district are subject to the regulations found in Section 31-503, Subd. 1 Accessory structures in the RB district are subject to the regulations found in Section 31-503, Subd. 2 Garage is limited to two stalls wide. Including accessory buildings and uses located upon property contiguous to that occupied by the main building. SUP may only be issued by city council. Must be located at least 900 feet from another bed & breakfast. No concession or retail sales are permitted. (Ord. No. 1003, § 2, 1-20-09; Ord. No. 1030, § 2, 5-17-11; Ord. No. 1055, § 2, 12-18-12) 3 of 3 6/17/2013 8:12 AM tt 1 lwa ter ' H^, a 1. f ©, M I N N' `. 4 n PLANNING REPORT TO: Planning Commission CASE NO.: 2016-23 DATE: May 27, 2016 APPLICANT: Richard Gagne, The Ponds At Heifort Hills, LLC LAND OWNER: Kenneth & Geraldine Heifort REQUEST: 1) Final Planned Unit Development for Phase I of The Ponds at Heifort Hills 2) Final Plat for The Ponds at Heifort Hills LOCATION: 8753 & 8911 Neal Avenue REVIEWERS: Community Development Director, Public Works Director, Deputy Fire Chief, DNR Regional Hydrologist, Brown's Creek Watershed District, Washington County Conservation District PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND Richard Gagne, representing The Ponds at Heifort Hills, LLC, is proposing to develop the 25 acre homestead of Heifort Family. The property is located at 8753 & 8911 Neal Avenue North. (See Map A.) In April the Planning Commission recommended approval of the Concept Planned Unit Development, Preliminary Plat for the first phase, and rezoning of the first phase property. The City Council agreed with the Planning Commission and approved in May. SPECIFIC REQUEST The developer is requesting: 1) Approval of the Final Planned Unit Development plans for the 24 home sites in the first phase of the project; and 2) Final Plat approval for The Ponds at Heifort Hills, which represents the 24 homes in this first phase. Ponds at Heifort Hills May 27, 2016 Page 2 COMMENTS Subsequent to the Planning Commission public hearing and recommendation, additional wetlands were discovered on the property and can be seen in Map B attached to this memo. Consequently, minor changes to the proposal were made, including: 1. The northern cul-de-sac was moved five feet to the south. 2. One driveway serving the north cluster of six houses has been eliminated by recombining drives. 3. The private road serving the north cluster of six homes has been realigned to avoid all but a 388 square foot impacts on the recently discovered wetland. 4. The north cluster of homes have been re -arranged. Several conditions of approval were added by the City Council to address these changes. EVALUATION OF REQUEST Normally a Final Plat does not need to be reviewed by the Planning Commission. But, since this property is being developed as a Planned Unit Development, the Planning Commission has to review the final version. When considering the Final Plat and Final PUD, the City is limited to reviewing conditions attached to the preliminary approval. Therefore, all of the preliminary approval conditions are listed below and the status of each is explained. 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: • Concept Plan D 5/11/16 • Northerly Concept Plan 2/19/16 • Existing Conditions 2/19/16 • Preliminary Plat 5/11/16 • Tree Preservation & Landscape Plan L1 3/18/16 • Tree Canopy Area Plan L2 3/18/16 • Heifort Hills Tree Survey 3/17/16 • Proposed Site Plan C1 5/11/16 • Grading & Erosion Control Plan C2 5/11/16 • Utility Plan C3 5/11/16 • Building Elevations - Streetscape 1.0 2/4/16 • Main & Lower Level Plans 2.0A 2/4/16 • Optional Floor Plan A, Garage Right 2.0B 2/4/16 • Floor Plan B 2.0C 2/4/16 • Optional Floor Plan B, Garage Right 2.0D 2/4/16 • Floor Plan C, Garage Left 2.0E 2/4/16 • Floor Plan CII, Garage Right 2.0F 2/4/16 The Minnesota Wetland Conservation Act allows up to 400 square feet of the recently discovered wetland to be filled without the requirement for a wetland mitigation plan. Ponds at Heifort Hills May 27, 2016 Page 3 The final plat application materials are consistent with the preliminary plans that were approved. 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. The City Engineer has reviewed the final plat materials and finds them acceptable, with the following comments: a. Install trail to Oak Glen Trail on East side of Neal Avenue. That portion south of the project area may be credited against the Transportation Adequacy Fund fee or the park and trail fees. b. Stormwater ponds on the site to be maintained by the Home Owner's Association c. Landscaping in the cul-de-sac islands to be maintained by the Home Owner's Association. d. A utility easement shall be dedicated to the City for sanitary sewer and water north of Pond Circle. e. Utilities north and south of Hill court are to be private. f Parking on Hill Court and Pond Circle to be prohibited. g. Hydrants need to be added at the intersections and end of cul-de-sacs. h. There shall be 10 feet of separation between the sewer and water at all locations. 3. The developer must submit the wetland impact plan to the Washington County Conservation District for comments. The developer will need to include these comments with the final plat application materials. This condition is met. The wetland impact to the most recently discovered wetlands is limited to 388 square feet. Up to 400 square feet of impact could be permitted (the so-called "de minimus" allowance) for this wetland basin. With one exception, the engineer for the Conservation District finds the plans to be good. The exception is that the outlet from Pond 1 should discharge into Wetland B2 to maintain the hydrology to this wetland. When the outlet is relocated, the FES and rip rap must be kept out of the wetland boundary. 4. Any buffer area around the northwesterly wetland that is graded within 25 feet of its delineated edge must be mitigated by protecting additional ungraded contiguous buffer in a one to one ratio. The final plan set accounts for this disturbed buffer area, and is found acceptable to the City Engineer, the Washington County Conservation District and the Brown's Creek Watershed District. 5. Outlot A, which includes the northwesterly wetland, should be expanded to include the recently discovered wetland area. This has been included in the final plat. Ponds at Heifort Hills May 27, 2016 Page 4 6. The location of the utility connections in Neal Avenue that are intended for future development on the west side of the street must be located placed at the direction of the City Engineer. These approved locations are to be included in the materials submitted with the final plat application for Phase One. Locations for the sewer and water stubs to the west side of Neal for future development have been included in the final plans. But, an additional sewer and water stub must be added for the southern portion of the Bruns property. The exact location must be approved by the City Engineer prior to release of the Final Plat for filing with Washington County. 7. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. This condition will be met by providing easements that will be filed together with the final plat. So, the condition will be attached to the final plat approval as well. 8. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. This will be done prior to release of the final plat. So, the condition will carry through to approval of the final plat. 9. Stormwater and grading plans must be approved by the Brown's Creek Watershed District prior to City Council approval of the Final Plat for each phase. The plans and an application for a grading permit has been submitted to Brown's Creek Watershed District and it is expected to be on the Board's agenda for their June 8, 2016 meeting. 10. The developer is to construct Neal Avenue to the urban standard specified by the City Engineer. The costs of these developer improvements will be credited against the Transportation Adequacy Fee included in Item 8 above. The final plan set meets this condition. The Development Agreement for both phases will incorporate this condition. 11. The name "Heifort Court" already exists in Stillwater, so an alternate name must be selected by the developer for this cul-de-sac. The final plat has resolved this problem. The two public streets will be named Pond Circle and Hill Court. 12. One street light will be required for each of the two cul-de-sacs in this phase. These must be included on the final plat application materials. The final plan set includes a street light for each cul-de-sac. Ponds at Heifort Hills May 27, 2016 Page 5 13. No trees will be allowed within the right-of-way of the public streets. The only exception is that the trees shown within the grassy centers of the cul-de-sacs will be permitted as long as they are maintained by the Home Owners' Association. This condition has been net. 14. All electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval. Since the electrical and communications utilities are privately installed and owned, they are not included in the developer's plan set. So, this condition will remain. 15. Review comments from the Brown's Creek Watershed District must be addressed in the Final Plat application materials. This includes review and approval of the location of the averaged wetland/pond buffer limits. This has been completed. As noted in Condition 9, the plan has been submitted to the Watershed District for review and approval. 16. The boundaries of the wetland/pond buffers must be signed according to Brown's Creek Watershed District rules. This signage must be shown on final plat application materials. A sign plan was submitted with the final plan materials. And the wetland buffer shows proper placement of the signs. 17. Since there are insufficient stormwater details provided for Phase Two of the PUD, an open space analysis could not be completed for that phase. Therefore, when the preliminary plat for Phase Two is submitted, it must document a minimum of 50% open space. This condition will continue to apply to the next phase of development. 18. Details about impervious coverage for Phase Two will need to be submitted with the preliminary plat for that phase. No more than 25 % is permitted. This condition will continue to apply to the next phase of development. 19. The final PUD plan for Phase Two may have to be revised to include access to the neighboring property. The decision to include the access or not will be based upon a public discussion including the two impacted properties, the developer and the City. This condition will continue to apply to the next phase of development. 20. The rezoning will not be published, nor will it become effective until after the Final Plat is approved by the City and filed with Washington County for recording. Ponds at Heifort Hills May 27, 2016 Page 6 This condition will be met when the City Council approves the final plat for this phase of development. 21. Prior to submitting the Final Plat application, the developer must work with the City to site a Neal Avenue trail segment that avoids wetlands yet accomplishes the trail system connectivity goals for the segment. The developer's cost for constructing this trail will be credited against required park and trail dedication fees. It appears that the trail can be constructed without impacting the wetland. It will require a two foot tall retaining wall to accomplish this. And the trail will be located directly behind the curb for about 200 feet. 22. The developer is to work with the Bruns Family, who lives opposite the northern cul- de-sac access point onto Neal Avenue, to effectively screen the headlights from vehicles exiting this proposed cul-de-sac. The screening plan will need to be submitted with the final plat application materials for phase one. The developer met with Mr. and Mrs. Bruns to discuss the situation. As seen in Map C, the centerline of Neal Avenue will be more than 10 feet lower than the Bruns' Home. So, headlight wash should not be a problem. Therefore, the developer did not submit a screening plan. 23. If the Stillwater Park Commission does not find the proposal satisfactory, changes to the plans must be made to address the concerns and be included in the final plat application materials for Phase One. The Park Commission approved the plans at their May 23, 2016 meeting. RECOMMENDATION City Staff recommends approval of the Final Plat and Final PUD for this phase, with the conditions listed below in Alternative A. ALTERNATIVES A. Approval. If the Planning Commission finds that the Final PUD plan and Final Plat satisfies the conditions attached to the preliminary Plat and Plan approval, it could recommend approval with the following conditions: 1. The first phase of the project 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: • Concept Plan D 5/11/16 • Existing Conditions 2/19/16 • Preliminary Plat 5/11/16 • Final Plat date stamped 5/20/16 Ponds at Heifort Hills May 27, 2016 Page 7 • Tree Preservation & Landscape Plan • Tree Canopy Area Plan • Heifort Hills Tree Survey • Proposed Site Plan • Grading & Erosion Control Plan • Wetland Impact Exhibit • Wetland Buffer Plan • Street and Storm Sewer • Watermain and Sanitary Sewer • Lighting and Signage Plan • Details • Building Elevations - Streetscape • Main & Lower Level Plans • Optional Floor Plan A, Garage Right • Floor Plan B • Optional Floor Plan B, Garage Right • Floor Plan C, Garage Left • Floor Plan CII, Garage Right 5/20/16 5/20/16 3/17/16 C1 5/20/16 C2 5/20/16 W1 5/20/18 W2 5/20/16 C3.1 & C3.2 5/20/16 C4.1-C4.3 5/20/16 C5 5/20/16 C6-10 5/20/16 1.0 2/4/16 2.0A 2/4/16 2.0B 2/4/16 2.0C 2/4/16 2.0D 2/4/16 2.0E 2/4/16 2.0F 2/4/16 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. 3. The trail along the east side of Neal Avenue must be install southward to Oak Glen Trail on East side of Neal Avenue. That portion south of the plat for this project may be credited against the Transportation Adequacy Fund fee or the park and trail fees, as found acceptable by the City Engineer. 4. Stormwater ponds must be maintained by the Home Owner's Association. This responsibility must be included in the Home Owner's Association documents. 5. Landscaping in the cul-de-sac islands must be maintained by the Home Owner's Association. This responsibility must be included in the Home Owner's Association documents. 6. A utility easement shall be dedicated to the City for sanitary sewer and water north of Pond Circle. This easement must be approved by the City prior to release of the Final Plat for filing with Washington County. 7. Utilities located north and south of Hill Court are to be private. 8. Given the restricted width of Hill Court and Pond Circle, parking will be prohibited. 9. Hydrants need to be added at the intersection and end of both cul-de-sacs. 10. There must be 10 feet of separation between the sewer and water utilities at all locations. 11. The outlet from Pond 1 is to discharge into Wetland B2 in order to maintain the hydrology to this wetland. When the outlet is relocated, the FES and rip rap must be kept out of the wetland boundary. 12. An additional sewer and water stub must be placed in Neal Avenue for future development on the west side of the street. The general location of these stubs is somewhat south of Pond Circle. The exact location must be approved by the City Engineer prior to release of the Final Plat for filing with Washington County. 13. Development impact fees for this phase must be paid to the City prior to release of the Final Plat. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. Ponds at Heifort Hills May 27, 2016 Page 8 14. Stormwater and grading plans must be approved by the Brown's Creek Watershed District prior to City Council approval of the Final Plat. 15. The developer is to construct Neal Avenue to the urban standard specified by the City Engineer. The costs of these developer improvements will be credited against the Transportation Adequacy Fee included in Item 8 above. 16. All electrical and communications utility lines shall be buried. 17. The rezoning will not be published, nor will it become effective until after the Final Plat is approved by the City and filed with Washington County for recording. B. Table If the Planning Commission finds that the Final PUD plan and Final Plat do not satisfy the conditions attached to the preliminary Plat and Plan approval, it could table the review for additional information. C. Denial If the Planning Commission finds that the Final PUD plan and Final Plat do not satisfy the conditions attached to the preliminary Plat and Plan approval, it could recommend denial. With a denial, the basis of the action should be given. Attachments: Map A - Location and Zoning Map Map B - Additional Wetland Map C - Bruns Headlight Wash Exhibit Final Plat Cl, C2, C7, W1, W2, cc: Richard Gagne Tim Freeman Jennifer Sorensen, DNR Regional Hydrologist Ponds at Heifort Hills May 27, 2016 Page 9 Map A Location & Zoning South Twi n Lake Zoning Map ❑A-P, Ag ncullu rar Prese rcae1: ORA -Single Farnuy Resnlnledl ORB -Two Fam0 . TRTmtlitionel Res, MLR, Lakeshore Resld0 0 t0I � GR, GOIMge Resdenliel .GPR, Gave Tratlllllpnel Resinented .CGR,Cova COdage ReslOoflal MU., Cove Temnbeuse Residential �m. mwnhnaae ®RCM -Medium RensAy Restlenlial S IGH -H6h Geostty Rasidenlial O W. Vllags Gommemial 1111CA. -General Commerce MC.- central Beams 0istdcl QBP- Business Park-Gommer<IS . BP-0. RUSnpSS NA - 0100 O 131P-I. BUSrnes5 P0Vk- van.el . S - Heavy bldusldal . CRO -Campus Raseam0 oevelopment EPA -Publm Adminlslredio 0005-P , ereaueneropensoaa � ® Pdbllc Works Feeley I JRono JWATER I Hi o-0 r4 IN 0270 1780 j in 8313 2364 13083 2300 2 350 m C�75 2351 OAK e, 2151 1pO 1 2131 7120 2101 2070 - �1 2065 2050 2030 12025 2010 2312 2330 2370 1,1,.1g 2250 e ifort's Pon d 13125 13147 TM Done at Melton HIM PUD Open Spea n.ie.. enw.,zLee . o 1 EXISTING HOUSE / o CENTERLINE O o r, o 0 NEAL AVE N ELEV 900.60 -PROPOSED CENTERLIN OF P()NI) (:IR(:I F m O o m m FINAL PLAT SUBMITTAL y 9 Prof. Trtle: Cleft ¢4d a p g E 0 43d - ai THE PONDS AT Fig Larson m ! m - $' S = zmd; i THE PONDS AT Engineering, Inc, C� ~ m m m =�.Rm n R �g RR $'- HEIFORT HILLS HEIFORT HILLS, LLC C/O: RICHARU GAGNE 3524Labors Road 3524 Bear Road N5510 g § d # �. $ STILLWATER, MINNESOTA 11373 NEAL AVENUE SOUTH 55t.481.9120(r cord ,9201 wwwaerwnergcmm HASTINGS, MINNESOTA 55033 ©p+s�., En,m«.c..x H re'.... WASHINGTON COUNTY CAST IRON MON. OVER STONE AT THE NORTHWEST CORNER SEC. ZO T30N-R2014/ i� i i • e' r1'1it°a� 33 w to ,' / .t i I a /i f �La r� • p w 1%-1 33 THE PONDS AT HEIFORT HILLS 0 . • 33 m c• 33 33 6S190 33 33 60 S 89°04116" ,E POND CZR. S8511:57'W 4513 ti N,3Z.G0 (A)l6 015 off'34 N89°54'19'7-- 144995 4,62:(40C/i, Or ow ��1- v s. S89°1157'W 92.00 l7� 3Z.GG 60.00 0 60.00 32.00 9 60.00 6000 7 o'Costar 0 3 72.00 60.60 60.00 26 _, PO P6. 003- 32.00 61 118.76 60.00 60.00 zfeco t. 179.62 <31 • .00 7 Lis 6000 60.00 60.00 60.66 32.66 LI 21 N co 92.66 NORIA' LINE OF OAK GLEN ) • LEGEND szo 9.54 kh QJ ttl 0 DENOTES 1/2 INCH BY 16 INCH IRON PIPE MONUMENT MARKED WITH A PLASTIC CAP INSCRIBED "FREEMAN LS 16989", SET WITHIN ONE YEAR OF THE RECORDING DATE OF THE PLAT, UNLESS SHOWN OTHERWISE. 18 62.12 tN1 NW 14 SW 1/4 • • • N. • • • Folz, Freeman, Erickson, Inc. LAND PLANNING • SURVEYING • ENGINEERING MOO 12445 55TH STREET NORTH LAKE ELMO, MINNESOTA 55042 ORIGINAL SCALE 1 INCH = 50 FEET 0 25 50 NE 1/4 SCALE IN FEET SE 14 100 WASHINGTON COUNTY CAST IRON MON. AT THE WEST QUARTER CORNER • DENOTES FOUND MONUMENT, SIZE AND MARKINGS AS INDICATED NOTES 1) ORIENTATION OF THIS BEARING SYSTEM IS THE WASHINGTON COUNTY COORDINATE SYSTEM, NAD83, 1986 ADJUSTMENT. Street Name Vicinity Map Washington County, Minnesota Sheet Two of Two Sheets SYMBOL LEGEND c.i LOT 6 / Pp 07- / < / 8 4p... G98 / / 40:89 -50 / / / Pp 401' / ij -898.5o / - o / / 1". •,- / / 4P--.8.6o // // <0,- -89.6 •0 / '-'•00 / --. ',••& / F.,..-8 / 4p, 98.80 • • • 011411 401 011,1014••••114 04.4.44. 04.0044010 1010•100•00 • oil 00 --- ......0 --. .......% .00.4 \ ..,...:-..,_, / - -, \ ---- -, / , WETLAND RETAINING WALL loom. 40 898 905 // 0ri / _ ..„ *... ..-,.,. ___ ___ __.„ _ _ `,.. `-.. _ , ..„. ..„..._ ___ --- --„ ___ --- --, '... .,..z,, ..<7 ...:,_. .....:: ..,..,. '-... .,....,, -`,. .,....z, ',... ..."1..„ "."--72---.- =•.---, -., z.t..., `,. ..,... -..- OUTLOT A •••••• OUTLOT B 75' ----- ,i-_, i -- / / / pp....407- 4 / / 1 / -'898 / / Pics, - 8 / <0 /1 I I -... / ...7 / 0,..- •so 893 / •00 / / ri / // <0,,,, 7. so / / 4P,..9900.50 ......" ji_ _IL__LOT 8 / I 1 L0=895.00 I \ i 1 / 4 -889 .50 / ,G/ #7 // /..8•0 /- - - // I. II FLFFE==899010.5.500 --... 11 -,.. / ''' 0 1 1 i -, - --I-- - - --1 -.t.--- , i \ HEIFORT POND OUTLOT A RETAINING WALL WETLAND ow. _ I P:\Projects\Projects - 2015\12156179- The Ponds At Heifort Hills Development\C. Design\Drawing1Files\12156179 - 01 - Site Plan.dwg LOT 9 FFE=904.00 LF=895.00 WO=895.00 LOT 10 I FFE=904.00 LF=895.00 I w0=895.00 J_ - nr // N \1 / / 21' FIF LOT 11 FFE=904.00 LF=895.00 W0=895.00 L__ OUTLOT B LOT 12 FFE=904.00 LF=895.00 WO=895.00 LOT 13 FFE=904.00 LF=895.00 W0=895.00 _L- I - L , 9#4 LOT 7 - LOT 16 FFE=912.00 LF=903.00 W0=903.00 - LOT 14 FFE=904.00 LF=895.00 W0=895.00 _ _ J LOT 15 FFE=900.00 LF=891.00 WO=891.00 L _ _ LOT 17 FFE=911.00 LF=902.00 WO=902.00 PED RAMP (TYP ) NEAL AVENLIN-ORTH OE NEW PROPOSED CITY STREET. REFER TO TYPICAL SECTIONS. FUTURE SHARED RESIDENTIAL DRIVEWAY PAVEMENTS, TO BE CONSTRUCTED BY HOME BUILDER LOT 19 FFE=898.50 LF=889.50 W0=889.50 26' F/F _ _ J LOT 20 FFE=900.00 LF,Bgi .00 wo,.891 .00 LOT 26 FFE=911.00 LF=902.00 WO=902.00 _r 1 1 ..- I 1111 tor 22 III\ 1 FFE904.00 1 LF=895'00 1 1 WO=B95.°13 -3- LOT 21 FFE=901 •°° LF,892.00 W0=892.00 LOT 27 FFE=911.00 LF=902.00 W0=902.00 LOT 25 FFE=912.00 LF=903.00 W0=903.00 L__ r 1 1 1 1 I Lai- 23 FFE.-904.00 LF=895•°° I w0,8g5.00 LI _J- J-I I - - #6 I RETAINING WALL _J #12 LOT 24 FFE=912.00 LF=903.00 W0=903.00 11" DIF --L-X 8" S U INV=881.7, EX SAN RIM=910 INV=881 MH 54 35 LL NORTH 20 40 80 0 C/O: RICHARD GAGNE 11373 NEAL AVENUE SOUTH HASTINGS, MINNESOTA 55033 STILLWATER, MINNESOTA I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. 1/14.610 WL00-.0.124 Matt Woodruff, P.E. Date: 02.19.16 Reg. No.: 41885 Rev. Date Description A 03.03.16 Revised Pre -Plat 2 03.18.16 City Submittal Update /8\ 04.08.16 Watershed Submittal A 05.11.16 Revised Pre -Plat 05.20.16 Final Plat Project #: 12156179 Drawn By: CBS Checked By: MJW Issue Date: 02.19.16 Sheet Title: PROPOSED SITE PLAN C 1 Sheet: EROSION CONTROL NOTES LEGEND 1. Owner and Contractor shall obtain MPCA-NPDES permit. Contractor shall be responsible for all fees pertaining to this permit. The SWPPP shall be kept onsite at all times. 2. Install temporary erosion control measures (inlet protection, silt fence, and rock construction entrances) prior to beginning any excavation or demolition work at the site. 3. Erosion control measures shown on the erosion control plan are the absolute minimum. The contractor shall install temporary earth dikes, sediment traps or basins, additional siltation fencing, and/or disk the soil parallel to the contours as deemed necessary to further control erosion. All changes shall be recorded in the SWPPP. 4. All construction site entrances shall be surfaced with crushed rock across the entire width of the entrance and from the entrance to a point 50' into the construction zone. 5. The toe of the silt fence shall be trenched in a minimum of 6". The trench backfill shall be compacted with a vibratory plate compactor. 6. All grading operations shall be conducted in a manner to minimize the potential for site erosion. Sediment control practices must be established on all down gradient perimeters before any up gradient land disturbing activities begin. 7. All exposed soil areas must be stabilized as soon as possible to limit soil erosion but in no case later than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased. Temporary stockpiles without significant silt, clay or organic components (e.g., clean aggregate stockpiles, demolition concrete stockpiles, sand stockpiles) and the constructed base components of roads, parking lots and similar surfaces are exempt from this requirement. 8. The normal wetted perimeter of any temporary or permanent drainage ditch or swale that drains water from any portion of the construction site, or diverts water around the site, must be stabilized within 200 lineal feet from the property edge, or from the point of discharge into any surface water. Stabilization of the last 200 lineal feet must be completed within 24 hours after connecting to a surface water. Stabilization of the remaining portions of any temporary or permanent ditches or swales must be complete within 14 days after connecting to a surface water and construction in that portion of the ditch has temporarily or permanently ceased. / ab - i / / / / / / / 888 903.00 TW 901.00 B / / / / / 89 / / / / 7\ %\ / \ //` / / - -J / \ / \ 890.25 \ / \ pp OT2 \ / / 8898S3 Xj�\ / 89So �/ 1O, \893'33 / F \ FE OT3 <�F`88gsso / g3.po / 7/ \ 7 / 77 -1` 1 / INFILTRATION BASI 43 100-YR HWL = 8,9 / / 90 1 = 988 CF POND #1 100-YR HWL = 893.52 NWL = 891.00 BOT = 886.00 +2.00-B i / 8 / LOT 6 / OUTLOT A 7 7 7 7 OUTLOT A /( • SILT FENCE OE / OUTLOT B o 10 896.4,0 9. Pipe outlets must be provided with energy dissipation within 24 hours of connection to surface water. 10. All riprap shall be installed with a filter material or soil separation fabric and comply with the Minnesota Department of Transportation Standard Specifications. 11. All storm sewers discharging into wetlands or water bodies shall outlet at or below the normal water level of the respective wetland or water body at an elevation where the downstream slope is 1 percent or flatter. The normal water level shall be the invert elevation of the outlet of the wetland or water body. 12. All storm sewer catch basins not needed for site drainage during construction shall be covered to prevent runoff from entering the storm sewer system. Catch basins necessary for site drainage during construction shall be provided with inlet protection. 13. In areas where concentrated flows occur (such as swales and areas in front of storm catch basins and intakes) the erosion control facilities shall be backed by stabilization structure to protect those facilities from the concentrated flows. 14. Inspect the construction site once every seven days during active construction and within 24 hours after a rainfall event greater than 0.5 inches in 24 hours. All inspections shall be recorded in the SWPPP. 15. All silt fences must be repaired, replaced, or supplemented when they become nonfunctional or the sediment reaches 1/3 of the height of the fence. These repairs must be made within 24 hours of discovery, or as soon as field conditions allow access. All repairs shall be recorded in the SWPPP. 16. If sediment escapes the construction site, off -site accumulations of sediment must be removed in a manner and at a frequency sufficient to minimize off -site impacts. 17. All soils tracked onto pavement shall be removed daily. 18. All infiltration areas must be inspected to ensure that no sediment from ongoing construction activity is reaching the infiltration area and these areas are protected from compaction due to construction equipment driving across the infiltration area. / - J / 7 7 / / / /� / / / // / / / r / / ( __ _1-- T -I 898.50 900.54 Sg2 OUTLOT B / r_ __ f__ ___L..........›-$.48\-891.50 i 19. Temporary soil stockpiles must have silt fence or other effective sediment controls, and cannot be placed in surface waters, including stormwater conveyances such as curb and gutter systems, or conduits and ditches unless there is a bypass in place for the stormwater. 20. Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. 21. Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. 22. External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed onsite. 23. All liquid and solid wastes generated by concrete washout operations must be contained in a leak -proof containment facility or impermeable liner. A compacted clay liner that does not allow washout liquids to enter ground water is considered an impermeable liner. The liquid and solid wastes II must not contact the ground, and there must not be runoff from the concrete washout operations or I I areas. Liquid and solid wastes must be disposed of properly and in compliance with MPCA regulations. A sign must be installed adjacent to each washout facility to inform concrete equipment I I operators to utilize the proper facilities. 24. Upon completion of the project and stabilization of all graded areas, all temporary erosion control facilities (silt fences, hay bales, etc.) shall be removed from the site. 25. All permanent sedimentation basins must be restored to their design condition immediately following stabilization of the site. 26. Contractor shall submit Notice of Termination for MPCA-NPDES permit within 30 days after Final Stabilization LOT 16 LOT 17 / 1 899.55 i 0.00 GL • NTRANCE OUTLOT B INF/IL. VOLUME 804 CF 491.00 / POND #4 PRE-TREATMENT 891/5/ 895 893 NWL = 891.00 BOT 88-6.GO' 899 891 894.00 POND #2 INFILTRATION 100-YR HWL = 895.79 896 898 900 894.5 950 950 949 911.50 2.09/0 0000 950.00 TC 940 EXISTING CONTOURS PROPOSED CONTOURS - MAJOR INTERVAL PROPOSED CONTOURS - MINOR INTERVAL GRADE BREAK LINE GRADE SLOPE SILT FENCE RIP -RAP / ROCK CONST. ENTRANCE INLET PROTECTION CONCRETE WASHOUT STATION SPOT ABBREVIATIONS: TC - TOP OF CURB GL - GUTTER LINE B - BITUMUNOUS C - CONCRETE EO - EMERGENCY OVERFLOW TW - TOP OF WALL BW - BOTTOM OF WALL (F/G) (*) - EXISTING TO BE VERIFIED GRADING NOTES 1. Tree protection consisting of snow fence or safety fence installed at the drip line shall be in place prior to beginning any grading or demolition work at the site. 2. All elevations with an asterisk (*) shall be field verified. If elevations vary significantly, notify the Engineer for further instructions. 3. Grades shown in paved areas represent finish elevation. / 4. Restore all disturbed areas with 4" of good quality topsoil and seed, 5. All construction shall be performed in accordance with state and local standard specifications for construction. 6. At the completion of the project and prior to turf establishment and seeding, the Contractor shall de -compact the soils in areas that were disturbed as a result of construction activities. De -compaction shall consist of ripping, cultivating, or scarifying the top 12" in attempt to improve the infiltration characteristics of the soils. The Contractor shall use light -weight equipment for final grading and smoothing of the topsoil prior to seeding. Payment for de -compaction shall be for the price quoted in the construction contract. / 110110#2 PRE-TREATMENT .od TW 911.00 TW 909.00 BW 9" DIP 74 894.50 • 902.25 970 71_1 NORTH 20 40 80 co LrEo ca ca CO CD co CAD 0 r2 0 C/O: RICHARD GAGNE 11373 NEAL AVENUE SOUTH HASTINGS, MINNESOTA 55033 cf) 0 EL 0 U. STILLWATER, MINNESOTA I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. 1/14.610 WL0t/ -.004 Matt Woodruff, P.E. Date: 02.19.16 Reg. No.: 41885 Rev. Date Description A 03.03.16 Revised Pre -Plat 2 03.18.16 City Submittal Update /8\ 04.08.16 Watershed Submittal A 05.11.16 Revised Pre -Plat 05.20.16 Final Plat Drawn By: CBS Checked By: MJW Issue Date: 02.19.16 Sheet Title: GRADING & EROSION CONTROL PLAN C2 i J_ 7777 77777 777777 17777777 77777777 177777777 777777777 1777777777 / 777/ 177 77777777 77777777777 7777777777 777777777 777777777/ 7777777771 7777771 =17== 100-YR COMPENSATORY STORAGE VOLUME 258 CF WETLAND 100-YEAR HWL = 890.64 888 i 7 P:\Projects\Projects - 2015\12156179- The Ponds A keifor44tittrDevelopment\C. Design\Drawing Files\12156179 - W1 - Wetland Impact Exhibit.dwg / 777777 777777777777 7777777 777777 7777711 7177711 77 / /1 / F tar- , 8 / "Fg 8g • SO G,89 9 SO 3 00 OUTLOT A 100-YR HWL IMPACT VOLUME 248 CF Noe / / / / / / / / / 7 / OE / pp( 074 / 4F\8$ 98 S0 / 40,8 sso / 93 00 DOE 7 / / FFE r 900 S / 9S 00 i / LOT 8 FFE=900.50 LF=891.50 LO=895.00 L_ of n I 902 • 7 7 LOT 9 FFE=904.00 I_9ni�1 LF=895.00 I �I W0=895.00 / 7 r / // 7 / / / / / SYMBOL LEGEND 1 LOT 10 FFE=904.00 LF=895.00 W0=895.00 i 388 SF WETLAND IMPACT (DE MINIMIS EXEMPTION ALLOWED = 400 SF) 100-YR HWL (890.64) STORAGE VOLUME IMPACT = 248 CF 100-YR HWL COMPENSATORY STORAGE VOLUME = 258 CF • ru LL NORTH 0 10 20 40 0 D) 0 L c co a J w THE PONDS AT 0 U J J w C/O: RICHARD GAGNE 11373 NEAL AVENUE SOUTH HASTINGS, MINNESOTA 55033 STILLWATER, MINNESOTA I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. MVO kke l.oQ-a Matt Woodruff, P.E. Date: 02.19.16 Reg. No.: 41885 Rev. Date Description A 03.03.16 Revised Pre -Plat A 03.18.16 City Submittal Update 04.08.16 Watershed Submittal A. 05.11.16 Revised Pre -Plat A 05.20.16 Final Plat Project #: 12156179 Drawn By: CBS Checked By: MJW Issue Date: 02.19.16 Sheet Title: WETLAND IMPACT EXHIBIT 111 Sheet: / I EXISTING BUFFER IIVI,PACT 183 SF /Er r-. co HEIFORT POND OUTLOT B EXISTING BUFFER IMPACT 1,248 SF i // <p 93 6 / <0,-9 7.SOO / so0 // I I / I I // I / / F < 4 // / F' OT / 4P,698 88 So / / <FF 900 / '8 . 0 / SYMBOL LEGEND EXISTING HEIFORT POND BUFFER IMPACT = 1,430 SF PROPOSED HEIFORT POND COMPENSATORY BUFFER = 1,476 SF PROPOSED WETLAND BUFFER AREA BUFFER AREA REQUIRED AT 16.5' WIDTH = 10,854 SF BUFFER AREA PROPOSED = 10,919 SF - - DELINEATED WETLAND WETLAND BUFFER MONUMENT 9" x 12" SIGN. SEE DETAIL ON SHEET C7 FOR EXAMPLE MONUMENT SHALL BE MOUNTED ON A WOODEN POST. SIGNS SHALL BE PLACED AS SHOWN WITH A SPACING NOT TO EXCEED 200'. PROPOSED COMPENSATORY BUFFER 652 SF LOT 6 . / // pp 9T / / // <O, 8895 so / / / 89•00 / / / / pp< 0• T / �\ // <p 8(59500 // // / / 93 00 / / FFE OT 3 /✓ / / <F,8898.S0 \1,/ // <0;899SO // 3 00 \ / I / / \ �\�� / , / I I I -L _ LOT 8 FFE=900.50 LF=891.50 LO=895.00 i - I 1 1 -_L___- I \\ _ WETLAND 100-YEAR HWL = 890.64 OUTLOT A / o` OUTLOT A co o P:\Projects\Projects - 2015\12156179- The Ponds At Heifort Hills Development\C. Design\Drawing Files\12156179 - W2 - Buffer Plan.dwg OUTLOT B / -1 r- I I I LOT 20 I FFE900.00891.00 I 9 I LF== 1 jWp_89 Wp=891.00 II r.11111 J_ ._ 1 I I I I I I I I - LOT 26 FFE=911.00 LF=902.00 W0=902.00 r I LOT 21 1 FFE=901.00 LF=B 2.00 2.00 I LOT 27 FFE=911.00 LF=902.00 W0=902.00 / 1 / sa‘ iT _ _ r �'- -1 f 1 1 1 I r- I 1 I 1 1 1 1 I 1 1 1 1 1 1 LOT 23 1 I LOT 22 1 1 FFE=904.00 1 I FFE=904.00 1 I LF=895.00 i r W0=895.00 1� I LF=895.00 I 1 W0=89.00 I _, I J- 1 r - II 1 1 11 I --L---J_--� LI r 1 I I I I I I Li -I---J L---L----1---J--- L_ J -T J LOT 25 FFE=912.00 LF=903.00 W0=903.00 LOT 24 FFE=912.00 LF=903.00 W0=903.00 PROPOSED COMPENSATORY BUFFER 824 SF I I LOT 10 FFE=904.00 LF=895.00 W0=895.00 I I J- ---1-- I I I I 1 L__J--- r � I LOT 9 FFE=904.00 LF=895.00 W0=895.00 OE \ LOT 11 FFE=904.00 LF=895.00 WO=895.00 - I OUTLOT B LOT 12 FFE=904.00 LF=895.00 W0=895.00 r LOT 13 1 FFE=904.00 LF=895.00 I W0=895.00 1 1 LOT 14 FFE=904.00 LF=895.00 W O=895.00 1_-__1-_ii �- _-J----I--� - I ti I I I II I I __----J-_-J _--- I \ L 7I\ �---------- __ LOT 7 r LOT 16 FFE=912.00 LF=903.00 W0=903.00 1 1 _J / LOT 17 FFE=911.00 LF=902.00 W0=902.00 _ LOT 15 FFE=900.00 LF=891.00 W O=891.00 LiI / 1-1 I 1 1 1 I I I 11 LI L _ _ _L. _----I------1 - 1 Z I I L i r Li LOT 19 FFE=898.50 LF=889.50 WO=889.50 1 r- x L 12" DIF EX 8" S INV=881 EX SAN RIM=910 INV=881 7, MH 54 35 NORTH 0720 40 co 80 ci cn co 5) LZ Le) 0 192 0 co a) cp 07, cn iTs 0 0 C/O: RICHARD GAGNE 11373 NEAL AVENUE SOUTH HASTINGS, MINNESOTA 55033 (1) cf) 0 0. 0 U. a. STILLWATER, MINNESOTA I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. 04.6at Woo -004 Matt Woodruff, P.E. Date: 02.19.16 Reg. No.: 41885 Rev. Date Description A 03.03.16 Revised Pre -Plat /2\ 03.18.16 City Submittal Update 04.08.16 Watershed Submittal A 05.11.16 Revised Pre -Plat /5\ 05.20.16 Final Plat Drawn By: CBS Checked By: MJW Issue Date: 02.19.16 Sheet Title: WETLAND BUFFER PLAN 2 05-17-00 DWG.NAME: SAMHDTL2 T 12" 111101111111. 9" r � BROWN'S CREEK BUFFER THE PLANTINGS IN THIS AREA CONTAIN NATIVE TREES, FLOWERING PLANTS AND GRASSES FOR BIRDS, DEER. REPTILES AND OTHER WILDLIFE. THE PLANTS HELP TO PREVENT EROSION, IMPROVE WATER QUALITY AND PROVIDE NATURAL HABITATS FOR ANIMALS. PROHIBITED ACTIVITIES INCLUDE MOWING, DISCARDING YARD WASTE, APPLYING FERTILIZER. LANDSCAPING, PLACEMENT OF STRUCTURES, IMPERVIOUS, FILL/DEBRIS, ALTERATIONS TO VEGETATION OR LANY SIMILAR ACTIONS. SIGN TO DENOTE "HEIFORT POND BUFFER" PLAN FINISHED GRADE —\ 0 RUBBER GASKETS — ALL JOINTS LJ PRECAST OR FIELD POURED INVERT 27"—e— tD 4'-0" STEPS —SEE SPECS. GROUT * INSTALL EXTERNAL SEALING SYSTEM MANUFACTURED BY INFI—SHIELD. DISTRIBUTED BY ESS BROS. & SONS INC. NEENAH CASTING R-1733 OR EQUAL. 2 4 2"THICK ADJUSTING RINGS W/MORTAR JOINTS. PLASTER OUTSIDE, STRIKE INSIDE CLEAN. ECCENTRIC PRE —CAST CONE SECTION 6" 5"MIN. BARREL SECTION 8" POURED I 6' 0" 6" PRECAST SECTION SANITARY MANHOLE ECCENTRIC. LN.° THE IIITHPLACE IF MINNESOTA SANITARY MANHOLE DETAIL SAMHDTL2 DRWG NO. 2 P:\Projects\Projects - 2015\12156179- The Ponds At Heifort Hills Development\C. Design\Drawing Files\12156179 - C6-C10 - Details.dwg DWG.NAME: SEWDTL1 1 /2„ 5/8" BOND BREAKER TAPE SEALANT MATERIAL 1 /8„ 1/8" MAXIMUM T SEE SPECIFICATIONS TYPICAL JOINT SECTION DESIGN SPECIAL 20 BITUMINOUS JOINT SAW AND SEAL THE BIRTHPLACE IF MINNESOTA CATCH BASIN INLET SEDIMENT CONTROL DEVICE WITH CURB FILTER TO SUIT DEPTH LENGTH VARIES BENDS AS NECESSARY SEE SERVICE DETAIL. IMBED RISER IN TRENCH WALL. SLOPE VARIES. NOTE: FOR SIZE AND TYPE OF MATERIALS SEE SPECS. SANITARY SEWER SERVICE RISER [N.° THE IIITH►LACE IF MINNESOTA SEWER DETAIL SEWDTL3 DRWG NO. 10 LIFT STRAPS CURB FILTER OVERFLOW GAP GRATE GEOTEXTILE FABRIC SACK DUMPING STRAP * INSTALL CATCH BASIN INLET PROTECTION DEVICE MANUFACTURED BY DANDY PRODUCTS OR APPROVED EQUAL. THE IIITHPLACE SF MINNESOTA CATCH BASIN INLET SEDIMENT CONTROL DEVICE WITH CURB FILTER WJ 10' BEYOND PROP. LINE z O Q(Z• U O W m J � W J U >: Etd- W X (n� ChChi Q , 1e13d01d 3AeJRS 01 G,C3�J SV H1d3G i FALL PER FOOT i W >- l- 0 w w >- MAIN SEWER Ui J Ld Ld U_ cr W (n SANITARY SEWER LN.° THE IIITHPLACE IF MINNESOTA SEWER DETAIL SEWDTL4 DRWG NO. 9 0 (t) 0 0 .o cts J N LC) CO C/O: RICHARD GAGNE 0 11373 NEAL AVENUE SOUTH HASTINGS, MINNESOTA 55033 STILLWATER, MINNESOTA I hereby certify that this plan, specifications or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the state of Minnesota. 1 L tit Matt Woodruff, P.E. Date: 02.19.16 Reg. No.: 41885 Rev. Date Description A 03.03.16 Revised Pre -Plat A 03.18.16 City Submittal Update 04.08.16 Watershed Submittal A 05.11.16 Revised Pre -Plat A 05.20.16 Final Plat Project #: 12156179 Drawn By: CBS Checked By: MJW Issue Date: 02.19.16 Sheet Title: DETAILS C7 Sheet: