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HomeMy WebLinkAbout2017-04-12 CPC Packetlllwater. THE BIRTHPLACE OF MINNESOTA AGENDA PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North April 12th, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of March 8th, 2017 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. 2017-03: Consideration of a draft Ordinance to regulate short term rentals. City of Stillwater, Applicant. 3. Case No. 2017-06: Consideration of a Variance to exceed the maximum allowable building coverage. Joshua and Ann Wilichowski, property owners. 4. Case No. 2017-07: Consideration of a Zoning Text Amendment to allow Senior Living Care Facilities within RA districts for sites 5 acres or larger, and to modify the height requirement language in RA to read 35' maximum. Our Saviours Lutheran Church, property owner. Ann Stanfield with Ecumen, applicant. 5. Case No. 2017-08: Consideration of a Special Use Permit, Subdivision and Planning Unit Development to build 'The Lakes' at Stillwater, a senior living facility. Randy Benson, ILHC of Stillwater, LLC, property owner/applicant. VI. NEW BUSINESS VII. STAFF UPDATES/FOR YOUR INFORMATION VIII. ADJOURNMENT THE 1I11TNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES March 8, 2017 REGULAR MEETING 7:00 P.M. Vice Chairman Hansen called the meeting to order at 7:00 p.m. Present: Vice Chairman Hansen, Commissioners Collins, Fletcher, Hade, Kelly, Lauer and Siess Absent: Chairman Kocon, Councilmember Menikheim Staff: Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of January 11, 2017 meeting minutes Motion by Commissioner Collins, seconded by Commissioner Hade, to approve the January 11, 2017 meeting minutes. Motion passed 6-0-1. Commissioner Hade abstained. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case 2017-02: Special Use Permit for the use of outdoor speakers for the property located at 324 Main Street South. Jeffrey B. Larson, JLB Companies, property owner, and Chris Goetzke, applicant. Community Development Director Turnblad stated that Chris Goetzke is requesting a Special Use Permit (SUP) to provide pre-recorded and live music through an exterior speaker in the outdoor dining area of the Tilted Tiki Restaurant at 324 Main Street South. The pre-recorded music would occur weekdays from 11 a.m. to 10 p.m.; live music would be performed in the summer months by a single musician with a guitar, Thursdays — Saturdays, as well as summer holidays (Memorial Day, Fourth of July, and Labor Day) from 6 p.m. to 10 p.m. One email from a resident on Broadway was received asking that the City limit the hours to reasonable times. Staff recommends approval with five conditions, including stopping music at 10 p.m. every night regardless of the type of music. Chris Goetzke, applicant, said it will be easy going background music. Vice Chairman Hansen opened the public hearing. There were no public comments. Vice Chairman Hansen closed the public hearing. Commissioner Lauer asked if it will reach a point where combined, all the permits for live music will start getting a little loud. He acknowledged that may not impact this particular case. Planning Commission March 8, 2017 Commissioner Kelly stated that in this case, there is a wall separation from the blufftop, which is different from Lion's Tavern, but he recalled that in similar cases, the Commission has heard concerns from people living on the bluff and downtown that they can't open their windows in the summer due to the noise. Commissioner Siess asked if there is a decibel rating associated with the nuisance ordinance. Mr. Turnblad replied there is a decibel limit that varies depending on the time of day. Police officers use decibel meters. Commissioner Kelly said he opposes having to grant a bunch of variances; he would like to make the ending times consistent. If he lived on the bluff and had children, having music until 10 p.m. during the week would be too much. He said he was surprised there were no neighbors present to express concerns. He recalled that the Commission has discussed outdoor music requests from Lion's Tavern, the American Legion, the Freight House, the pizza place, and other businesses. He suggested the Commission look at revising the ordinance regarding hours when outdoor music is allowed to make it more consistent. Mr. Turnblad replied the ordinance requires outdoor music end by 10:00 p.m. so it is consistent. Outdoor music is an allowable use downtown. Without conditions, it could cause incompatibilities among neighbors, so a permit is required. As long as the conditions of the permit are met, the music is allowed until 10 p.m. Commissioner Siess commented that it would be nice to have a grid of all the other special use permits related to outdoor music and their conditions. Commissioner Fletcher pointed out that the risk of allowing outdoor music automatically without a Special Use Permit is that there could be a lot more establishments with outdoor music. Commissioner Kelly recalled businesses in the past asking to be allowed to play music later, and the Commission granting them the ability to go later till 11 pm. Mr. Turnblad explained that any music played after 10 p.m. must be under a special event permit granted by the City Council. Motion by Commissioner Siess, seconded by Commissioner Hade, to approve Case 2017-02, Special Use Permit for the use of outdoor speakers for the property located at 324 Main Street South. All in favor, 7- 0. Case 2017-05: Variance to build an addition to a structure that will include living space and an attached garage to the property located at 1333 Sixth Street South. Michael and Charlene Markwardt, property owners. Community Development Director Turnblad stated that the applicants propose a significant addition to their two-family home. The proposed addition includes two new attached two -car garages and roughly 1,024 square feet of additional living space. In order to expand the home as proposed, setback, coverage, and height variances would be necessary. The applicants have requested the following variances: Page 2 of 8 Planning Commission March 8, 2017 1. A five foot setback variance from the Sixth Street South right-of-way to allow a porch to be constructed 15 feet from the right-of-way (minimum setback of 20 feet is required). 2. A 9.47% coverage variance to allow for the lot's building coverage to be 34.47% (maximum of 25% is allowed). 3. An accessory structure coverage variance to allow for the construction of two attached two - car garages of 605 square feet and 656 square feet in size. The maximum accessory structure coverage allowed in this district is 1,000 square feet; the requested coverage is 1,261 square feet. 4. A height variance for each new garage to allow for the construction of a half -story of livable space above each garage; the maximum height for an attached garage is one story, not to exceed 20 feet. City staff finds that the variance review criteria have not been satisfied, the cumulative effect of all four variances creates a massing effect that is out of character with the neighborhood, and therefore recommends denial of all requested variances. Commissioner Siess asked if staff feels that with some adjustments, the applicants could still construct the addition. Community Development Director Turnblad replied that the garages could possibly be shortened to be closer to 1,000 square feet. Staff believes the porch is fine because it is not too imposing on the streetscape. Staff is most concerned about total lot coverage, because when 34% of a lot is covered with buildings, it starts to create stormwater runoff problems. Applicant Michael Markwardt, 1333 Sixth Street South, explained that even with the addition, the porch will still be 21.7 feet from the curb. He showed several examples of neighborhood houses that are less than five feet from the curb. Regarding the height variance, he stated there are a dozen examples within one block that have new garages more than one story tall. Regarding the size of the garages, he occupies one side of the duplex and his daughter occupies the other side with her husband. He would like to be able to park both cars on each side. If necessary, he could remove the 420 square foot deck, and then he would be asking for less than a 5% variance on the structure itself. Commissioner Hansen asked how deep the garage is proposed to be from front to back. Mr. Markwardt stated 44 feet. Vice Chairman Hansen opened the public hearing. Paul Roettger, 1337 Sixth Street South, next door, said the Markwardts have been good neighbors. He is willing to work with them. He doesn't have a problem with the addition. Vice Chairman Hansen closed the public hearing. Vice Chairman Hansen pointed out that pulling the garages forward as designed allows for shorter driveways. Commissioner Siess remarked that each individual variance isn't really that bad. The garage as proposed really is a story and a half. Mr. Turnblad responded that staff felt that footprint of the garages and the front porch would not greatly impact the neighborhood. He added that the rules for the RB zoning district weren't written with duplexes in mind, so every time a duplex owner wants to add a reasonably sized garage, they will always run into this situation. He stated perhaps the ordinance should be revised to differentiate between single family homes and duplexes. Page 3 of 8 Planning Commission March 8, 2017 Vice Chairman Hansen said that the fact that the ordinance was written for single family homes, not duplexes, creates a hardship. He would lean in the direction of allowing the variances if the deck were removed. Commissioner Siess agreed. Commissioner Collins pointed out the uniqueness is due to the home being a duplex. He feels the addition should be allowed.. If the raised deck in back is removed, it's reasonable. Commissioner Hade said he thinks there are good arguments on both sides but this should go to the Council. He feels the ordinance needs to be changed to account for duplexes. Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve Case No. 2017-05, Variance to build an addition to a structure that will include living space and an attached garage to the property located at 1333 Sixth Street South, adding a condition that the applicant remove the raised deck in the back. Motion passed 5-2 with Fletcher and Hade voting nay. START HERE Case 2017-03: Draft Ordinance to regulate short term rentals. City of Stillwater, applicant. Community Development Director Turnblad stated that in August 2016 the City Council hired Hoisington Koegler Group, Inc. (HKGi) to assist with a study on short term home rentals (STHR). HKGi conducted a survey and completed their research and study in September. City staff held a stakeholders' meeting in October to share the research and discuss the issues associated with STHR. In November the Planning Commission reviewed and discussed the HKGi research and stakeholder comments. In December the City Council held a work session with stakeholders to consider both the HKGi study as well as public and commission input to date, and decided to proceed with development of an ordinance allowing STHR in some form. In January 2017, City staff brought an outline of potential ordinance elements to the Council for more direction prior to developing the first draft of the ordinance. This first draft is now ready for the Planning Commission to discuss. Mr. Turnblad reviewed the six elements that comprise the core of the proposed ordinance. He explained that staff will take all the information gathered and revise the proposed ordinance before bringing it back to the Commission and then the Council. Commissioner Siess asked why inspections are included in the ordinance if the owners have homeowners insurance. Mr. Turnblad responded there are life safety issues that insurance wouldn't necessarily cover, for instance the temperature of the water. The City would do an initial inspection and then the owner or operator would have a list of their obligations under the ordinance. He added that the City currently has no ordinance governing rental properties. Typically, the County inspects commercial lodging and is comfortable with the inspection program proposed for short term home rentals. The City would consider STHRs as lodging and they would be expected to pay the 3% lodging tax, provide onsite parking, limit the number of guests to 2X the number of bedrooms plus one, and keep guest records. Commissioners Fletcher and Kelly suggested the guest disclosures be available someplace in the home and not just on the web site. Regarding the maximum number of rental days per year, Mr. Turnblad said this needs to be discussed. Consensus on a maximum number has not yet been achieved. Page 4 of 8 Planning Commission March 8, 2017 Commissioner Fletcher asked why there is a difference between Types A and B. Mr. Turnblad replied that the initial concept was introduced to Stillwater by other cities. Duluth has something very similar. In addition, the MN Chapter of the American Planning Association makes the distinction of hosted versus unhosted. Vice Chairman Hansen opened the public hearing. Lee Woolery, 1920 Pine Street West, said he has no intention to rent out his home, but he wanted to speak because he feels the City doesn't need another quirky ordinance. He feels this ordinance goes too far and represents an intrusion into economic enterprise. For an offsite owner, requiring them to be within 30 minutes travel time of their STHR is unreasonable. The limit of 25 Type B rentals seems low and arbitrary. He thinks the ordinance creates an administrative monster. Kirk Ackerman, 1336 Second Avenue South, said he and his wife are part of the stakeholder group. They have a Type B VRBO and running it has been a fantastic experience. They notified all neighbors before they did it. Stillwater is a destination city and there is a need for rooms. VRBO is a global phenomenon. Having a VRBO helps with maintenance costs of a large home. All their guests sign a contract and they know the house rules. He opposes a limit on the number of rental days. Lance Bondis shared that he started the Minnesota Vacation Rental Alliance which has about 75 members. He is helping St. Paul and Minneapolis to draft similar regulations. He feels the limit of 25 Type B rentals and five Type C rentals is too restrictive, and the regulations seem burdensome. Rentals self -regulate through reviews. Barbara Ackerman, 1336 Second Avenue South, said she and her husband have been doing their VRBO for three years and they are booked two years in advance because of all the weddings. There is a great need for non-traditional family lodging. They require guests to purchase an insurance policy and to pay a deposit for incidentals. They take very good care of the property. She feels some of the proposed regulations are excessive such as requiring license plate numbers. She feels the 30-mile distance requirement should be changed to measure driving time rather than miles. She and her husband can maintain their property from a greater distance. Tom Lynum, Sauntry Mansion Bed & Breakfast, stated his Special Use Permit has 22 conditions and he has had to deal with 13 different governmental agencies since purchasing the business in 1999. He too could argue that this is too restrictive but it has worked, indicated by the fact he has not been in front of this body before and the police have never been called to the Sauntry Mansion. They are very proud of their business and property. If a short term rental is in the Central Business District, this ordinance does not address parking. That should be looked at. He also is strongly against non -owner occupied short term rentals being allowed in residential districts. He feels owners should have to be present in the home. He also made the point that there are a lot of well intentioned people who want to open a legitimate business but there are also others who will think of ways to take advantage of this ordinance. The ordinance also does not address hosting special events. Matthew Stefanek, 210 East Laurel Street, said there are nothing but stellar reviews for the Stillwater VRBOs. It is unrealistic to prohibit unhosted VRBOs. When people rent a VRBO, they don't want someone else staying in that home. His property is on 1.7 acres, provides off-street parking and has 7,000+ square feet. It used to be a bed & breakfast. He agrees with permitting and licensing VRBOs Page 5 of 8 Planning Commission March 8, 2017 but he feels the ordinance as proposed treats VRBOs more like bed & breakfasts which they are not. He would prefer there be only one type of STHR. Mr. Woolery added that the restriction of only 25 Type B licenses is too low. It seems like restraint of trade and economic protectionism for existing businesses, which he feels is wrong. Jerry Helmberger, 303 Fourth Street North, Aurora Staples Bed & Breakfast, said the conditions on bed & breakfasts are more for the safety of guests than the convenience of owners. His bed and breakfast is also his home. He is very concerned about how guests are being treated because that reflects beyond the City limits. He's also the president of the Convention and Visitor Bureau and appreciates the 3% lodging tax which helps to market Stillwater. Kirk Ackerman asked if there have been complaints about VRBOs. Mr. Turnblad responded that one complaint has come to him; he is not sure if that is the only one but it is not overwhelming Mr. Woolery stated he thinks the Council should do wider research. Nationally and internationally, VRBO activity has been going on for decades. There must be a wealth of information available. Vice Chairman Hansen closed the public hearing. Community Development Director Turnblad reminded the Commission that their role tonight is to 1) hold the public hearing; 2) discuss potential changes; and 3) make a recommendation to the Council or table the issue for more information. Commissioner Collins asked how the number 25 was decided on. He feels it could be too low. He likes the idea of licensing STHRs. Commissioner Kelly commented that there really are restrictions on the number of bed & breakfasts, since there is a radius restriction between inns He questioned if it is fair to a homeowner if three VRBOs pop up on their block. He would like some sort of control because he doesn't view all the neighborhoods of Stillwater as a marketplace for lodging, they are places to live. He supports there being both Type A and B and feels the number allowed should be limited. He feels the provisional license for Type B needs clarification, and feels the ordinance should include a parking requirement for VRBOs in the Central Business District. Also, the ordinance should address whether special events are allowed. He supports having guest disclosures visible somewhere on the property and not only online. Mr. Turnblad said there is a City-wide special event policy which may need to be added to this ordinance. Commissioner Siess stated she likes the distinction between Types A and B and also the idea of treating the CBD differently. She feels the City needs to be careful about conditions regarding linens and ice machines because VRBOs are self regulating and this could produce a lot more work for staff. She is not sure about limiting the number of rental days per year - Stillwater is too touristy to limit it. She supports requiring proof of insurance. Commissioner Fletcher said she likes the distinction between Type A and B, and sees no need for a maximum number of rental days per year. Proposed regulations concerning linens, pest control and ice makers are excessive. She feels a cap of 25 Type B licenses may be too restrictive. Page 6of8 Planning Commission March 8, 2017 Commissioner Lauer said he is leery of over -regulating. The owners have self interest in keeping their property up. Commissioner Kelly agreed that ice makers and linens are too much to regulate. Vice Chairman Hansen said it's possible the City could hit the 25 cap the day applications open up. He feels the City needs to figure out some sort of limit It will appear arbitrary to begin with. He would rather have the ordinance as right as possible and as strict as possible to begin with rather than as loose as possible to begin with. Community Development Director Turnblad said the number 25 was suggested by the Council and it is pretty arbitrary. If the City wants to do the full inspection program on Type B then it needs to have the resources available in house to do that. As for the cost of a license, so far there has only been discussion of covering the cost of inspections - it's not a money making venture for the City. Vice Chairman Hansen stated that as a destination city, Stillwater needs to guard against being just a transient city. Stillwater is appealing because it is a community where people actually live. If the City doesn't regulate the number of VRBOs, that sense of community could be lost. Commissioner Siess asked why the list of guest names would be required. Mr. Turnblad replied that is lifted out of Duluth's ordinance. It has to do with public safety. In some communities there is an issue with being able to track down people who cause nuisances. Commissioner Siess asked if there is an amount of insurance that should be required. Mr. Turnblad replied if the homeowner is comfortable with the amount of insurance, the City is not setting an amount. Many of the requirements are not about a certain standard, they are about reminding the proprietors that there are things they need to think about for public safety. Motion by Commissioner Hansen, seconded by Commissioner Hade, to table Case 2017-03, Draft Ordinance to regulate short term rentals, to the next meeting. All in favor, 7-0. NEW BUSINESS There was no new business. STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Collins, to adjourn the meeting at 9:45 p.m. All in favor, 7-0. Respectfully Submitted, Page 7 of 8 Planning Commission March 8, 2017 Julie Kink Recording Secretary Page 8 of 8 PLANNING COMMISSION DATE: April 5, 2017 TO: Planning Commission TOPIC: Short Term Home Rental (STHR) Ordinance FROM: Bill Turnblad, Community Development Director INRODUCTION On March 8th the Planning Commission conducted a public hearing on the first draft of an ordinance to allow Short Term Rentals in Stillwater. After considerable discussion, the Commission tabled the case until April 12, 2017 for additional information. ADDITIONAL INFORMATION The first draft of the ordinance was revised based upon what appeared to be consensus, or at least a majority position of the Planning Commission and/or the public that testified at the hearing. Those edits are presented in the attached second draft, which is presented in legislative format so revisions can be more easily followed. The edits of substance include: 1. Only property owners can be licensed to operate STHRs. No property lessees (renters) will be able to be licensed. 2. The first draft was not clear on the consequences of receiving three complaints if you held a provisional license. It stated the license would be revoked. But, nothing more. The revised draft states that if the license is revoked, the owner is prohibited from receiving another license for any type of a STHR for six months. This six month prohibition was also added to non -provisional licenses for Type A, B and C Short Term Rentals. 3. The first draft limited Type B licenses to 25 city-wide and limited Type C to 5. The Planning Commission and some of the public testimony believed the numbers to be arbitrary and asked for other alternatives. Those alternatives are, of course, nearly infinite. But another option would be simply to establish minimum separations between STHR types. a. Type A shows no required separation either in the first draft or the second draft. b. Type B had a 25 license limit, and now shows a separation of 300 feet. At a 300 foot separation there could mathematically be as many as 70 Type B Page 2 Short Term Rentals in the historic neighborhoods. (See attached map). For comparison purposes, a 200 foot separation would increase the mathematical maximum from about 70 to 180 in the historic neighborhoods. i. At City Council level discussions, there was a desire to begin with a relatively small number of Type B short term rentals. The thought being that depending upon the actual impact upon neighborhoods and city staff time needed to support this ordinance, the number of Type Bs might be able to be increased over time. ii. Therefore, if the Planning Commission recommends more than 25 Type B licenses, staff would suggest a 300 foot minimum separation. c. The Type C rental had a 5 license limit in the first draft, and now shows a 900 foot separation, which is the same as required for B&Bs. Mathematically that could yield about 17 Type Cs in the historic neighborhoods. i. The City Council felt that keeping the number of Type C licenses smaller than Type B may be advisable, since the potential impact on neighborhoods of Type C rentals would be greater than Type B. And, some Council members were reticent to allow any Type C rentals at all. 4. The 30 mile proximity requirement for the operators of Type B and Type C rentals was changed to a 30 minute drive time. 5. Type B notification distance was changed. The first draft required a 150' notice area. However, to address the larger sized lots, and therefore the fewer number of neighbors that would be notified in non-RB Zoning Districts, the notification distance was changed. To notify about the same number of neighbors (20 to 24) throughout the City, the notification distance would increase to 200 feet in RA, LR, CTR and TR neighborhoods. And in the AP District, it would be increased to 500 feet. 6. The limit on the maximum number of rental days per year was deleted. 7. A minimum stay of one day was added. This is a response to concerns of hourly or partial day rentals. The typical current use for less than a day is largely guests who want to hold an event. This could be an office party, a family reunion, etc. To emphasize that this is not allowed, a specific section was added (Subd 7.k) prohibiting events, defined for the purposes of this ordinance as "a gathering on the premises of more than three un-registered transient guests". 8. Interchangeability of less strict STHR types was included. So, if you have a Type B license, you could also operate a Type A, for example. 9. The requirements to regulate for pest control, linen exchange and ice machines were deleted. 10. Parking requirements did not previously exist for STHRs in the CBD Zoning District. Subd 7.a.2 was added to address this. It states now that in the CBD Zoning District, guest parking must either be "accommodated on the property..., or a parking mitigation plan must be approved by the Parking Commission." Page 3 11. Guest information was required in the previous version, but now there is language that information must be "conspicuously displayed" in the STHR. 12. It was made clearer that for both Type B and Type C rentals, an inspection must be completed, and the report generated by the inspection must be included as part of the license application form. If corrections were required, the verification report that the corrections were made must be included with the application materials. Without the inspection report (or correction verification report), the application will not be accepted. ACTION REQUESTED Staff requests that the Planning Commission consider the additional information and develop a recommendation to forward to the City Council for their public hearing on April 18, 2017. ALTERNATIVES The following alternatives are available: 1. Recommend approval of the second draft of the ordinance with or without changes. 2. Recommend denial of the draft ordinance. 3. Table consideration of the ordinance for further information. bt attachments: Draft Ordinance Separation map Planning Report Study Focus Group Comments Short -Term Home Rental Ordinance March 3 Apri l 5, 2017 Draft 2 I. Definitions Amend City Code Chapter 31, Section 31-101 Definitions by adding the following: 119.1. Primary Resident, means a person living on a property where the property is the person's primary residence. 145.1. Short Term Home Rental code compliance verification form, is a document signed by a Type A Short Term Home Rental licensee certifying that the Short Term Home Rental complies with applicable building, health and life safety code provisions. 145.2. Short Term Home Rental, Type A (hosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where a primary resident of the property is present while the transient guests are present. 145.3. Short Term Home Rental, Type B (unhosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property serves as a person's primary residence but a primary resident of the property is not present while the transient guests are present. This Type B also includes Short Term Home Rental of any Accessory Dwelling Units, non -owner occupied Duplexes or "mother-in-law" apartments. 145.4. Short Term Home Rental, Type C (dedicated short term rental) means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where the property does not serve as a person's primary residence 145.5. Short Term Home Rental, Type D (Bed & Breakfast) — see the definition of Bed & Breakfast in Paragraph 16 of this Definition Section 31-101. II. Short Term Home Rental Regulations. Amend City Code Chapter 31 by adding the following Section. Sec. 31-514.1. Short -Term Home Rental Regulations Subd. 1. Purpose. The purpose of this Section 31-514.1 is to allow Short Term Home Rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city's neighborhoods as well as protect the general public health, safety and welfare. Subd. 2. License required. No property may be used for Type A, B or C Short Term Home Rental unless granted a license by the city. No property may be used for Type C Short Term Home Rental unless granted a Conditional Use Permit and a license Page 2 March 3 April 5 Draft by the city. No property may be used for Type D Short Term Home Rental (aka Bed & Breakfast) unless granted a Special Use Permit by the city pursuant to Section 31-504 of this Chapter. Subd. 3. License application. Any property owner (or property lessee for Type A or B rentals) desiring to undertake Short Term Home Rentals must apply to the community development department for a Short Term Home Rental License. A license must be approved prior to operating within the city. If the applicant is a lessee of the property, then the owner of the property must co sign the license application. The license application request must be submitted on the form prescribed by the city and must include all the information requested on the application form. Subd. 4. License fee. The license application form must be accompanied by payment in full of the required license fee. The license fee amount will be as determined by the city council in the city fee schedule. Subd. 5. License issuance. The process for review and issuance of a license will vary depending upon the type of Short Term Home Rental as follows: A. Type A, Hosted Short Term Home Rentals. Type A Short Term Home Rentals are required to have an administratively issued license from the city. 1. A Type A Short Term Home Rental license or renewal license will be issued administratively only if: i. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Code compliance verification form as required in Subd. 8; b. Proper zoning as found in Subd. 6; and c. Performance standards as found in Subd. 7. ii. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. iii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on -site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. Licenses are non -transferable and shall expire upon change of ownership or lessee of the property. Page 3 March 3 April 5 Draft 5. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 6. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 7. Licenses are valid for a period of three years. A renewal license must be applied for every three years. B. Type B — Unhosted Short Term Rental. Type B Short Term Home Rentals are required to have an administratively issued license from the city. However, unlike a Type A license, a Type B license also requiresPrior to issuing the license, a neighborhood notification is required, as specified below. 1. A Type B Short Term Home Rental license will be issued administratively only if: i. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Issuance of the license will not exceed the total number of licenses allowed in the city as established in Subd. 10 d. Proof of sufficient and suitable property insurance. iv. No other valid Type B Short Term Home Rental licenses have been issued within 300 feet of the property lines of the applicant's property. v. Notices have been mailed by the city to all surrounding property owners according to the following standards: homes within 150 feet of the applicant's property lines a. 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; b. 200 feet of all applicant properties zoned RA, LR, CTR, TR; ic. 500 feet of all applicant properties zoned AP; and There are no objections received by the city within ten days of mailing the notices. a. If objections are received, then the license request must be considered by the planning commission. Page 4 March 3 April 5 Draft (1). The planning commission must hold a hearing, to which neighbors within 150 feet of the applicant's property lines the above defined notification area are invited to offer comments. (2). After considering the license request and hearing comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the license request. (3). If there are no substantiated relevant complaints from neighbors or guests during the provisional year, the permit will automatically extend two more years. If there are three substantiated relevant complaints, the provisional license is automatically revoked and the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. vii. The property passes the city inspection (see Section 31-514.1, Subd. 9B) is inspected by cityfor building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner or4essee will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. If corrections are necessary, the inspection correction verification report must be submitted together with the license application form. Without the inspection correction verification report, the license application will not be considered complete, nor will it be accepted by the city. 2. The property passes the city health and safety code inspection (see Section 31 514.1, Subd. 9B), and the licensee certifies on the application form that all applicable items found in this Section 31 514.1 are satisfied. That includes: i. Proper zoning as found in Subd. 6 ii. Performance standards as found in Subd. 7 Page 5 March 3 April 5 Draft iii. Issuance of the license will not exceed the total number of licenses allowed in the city as found in Subd. 10 iv. Note that no neighborhood notification is required for a license renewal. 3 ,2.There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on -site city code compliant parking may be provided. 43.The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 5:41f three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 65.Licenses are non -transferable and shall expire upon change of ownership or lessee of the property. 7,6.A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 8,7.Licenses are valid for a period of three years. A renewal license must be applied for every three years. No neighborhood notification is required for the renewal of licenses. C. Type C — Dedicated Short Term Rental. Type C Short Term Home Rentals are required to have both a Conditional Use Permit and an administrative license issued by the city. 1. Conditional Use Permit. The application for the Conditional Use Permit to operate a Type C Short Term Home Rental must be filed with the city's community development department on the applicable form. The application will be reviewed according to the process established in Sections 31-204 and 31-207 of this Chapter. In addition, the following procedures, criteria and conditions shall also apply: i. The applicant must submit a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The Conditional Use Permit runs with the land and must be filed in the property's chain of title, but since a license is also required for a Type C Short Term Rental, possession of a Conditional Use Permit is Page 6 March 3 April 5 Draft not sufficient to operate. Any new owner desiring to operate a Type C Short Term Rental on property that has an unexpired Conditional Use Permit filed in the chain of title must also obtain a license from the city. A Conditional Use Permit expires if a property is not operated as a Short Term Home Rental for more than a year. iv. The Conditional Use Permit applicant must certify on the city application form that all applicable items found in this Section 31- 514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Proof of sufficient and suitable property insurance.Approval of the Conditional Use Permit and its associated license will not exceed the total number of licenses allowed in the city as established in Subd. 10 v. The property must pass be-inspectedion by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis (see Section 31-514.1, Subd 9B) prior to holding the public hearing for the Conditional Use Permit. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. No valid Conditional Use Permit or Special Use Permit for Type C or D Short Term Home Rentals exist for properties located within 900 feet of the property lines of the applicant's property. 2. License. The application form for the license or renewal license must certify by the applicant that all applicable items found in this Section 31- 514.1 are satisfied. That includes: i. A Conditional Use Permit has been issued for the subject property and is still valid. ii. The property has been inspected no more than 60 days prior to submission of the license application by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis. a. An inspection must be completed and the inspection report submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. b. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. If corrections are necessary, the inspection correction verification Page 7 March 3 April 5 Draft report must be submitted together with the license application form. Without the inspection correction verification report, the license application will not be considered complete, nor will it be accepted by the city. iii. Proper zoning as found in Subd. 6 iv. Performance standards as found in Subd. 7 v. Proof of sufficient and suitable property insurance. vi. Issuance of the license will not exceed the total number of licenses allowed in the city as established in Subd. 10 No other valid license exists for Type C or Type D Short Term Home Rental properties lying within 900 feet of the property lines of the applicant's property. 3. The license for a Type C Short Term Home Rental may only be issued to the owner of the property and is not transferable to a lessee or any other entity. 4. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on -site city code compliant parking may be provided. 5. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 6. Type C Short Term Home Rental licenses are valid for a period of three years. A renewal license must be applied for every three years. The Conditional Use Permit will not expire unless its use is discontinued as defined in Section 31 204, Subd 6 of this Chapterfor more than a year. 7. The Type C Short Term Home Rental license is not transferable and shall expire upon change of ownership of the property. 8. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 9. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. D. Type D — Bed & Breakfast. Type D Short Term Home Rentals are also known as Bed & Breakfasts and are required to have a Special Use Permit as regulated in Section 31-504 of this Chapter. Subd. 6. Zoning District. With an approved license from the City of Stillwater, Short Term Home Rentals are permitted in the following Zoning Districts: Page 8 March 3 April 5 Draft A. Residential Zoning Districts. Type A and B Short Term Home Rentals are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals are allowed by Conditional Use Permit in all Residential Zoning Districts. Type D Short Term Home Rentals (aka Bed & Breakfasts) are allowed by city license in the RCL Zoning District and by Special Use Permit in the RB and RCM Zoning Districts B. Commercial Zoning Districts. Type A, B and C Short Term Home Rentals are permitted by city license in the CBD Zoning District. Subd. 7. Performance standards. Type A, B and C Short Term Home Rentals shall be subject to the following performance standards. Type D Short Term Home Rentals shall be subject to the standards found in Section 31-504 of this Chapter. A. Parking. 1. In residential zoning districts, all guest parking must be accommodated on improved surfaces on the premises. No on -street parking is allowed for guests. At a minimum, parking shall be provided at the following rate: i. 1-2 bedroom unit, 1 space ii. 3 bedroom unit, 2 spaces iii. 4 and 4+ bedroom units, number of spaces equal to the number of bedrooms minus one. 2. In the CBD zoning district, guest parking must either be accommodated on the property of the Short Term Horne Rental dwelling unit, or a parking mitigation plan must be approved by the Parking Commission. B. Length of guest stay. There is no mandated minimum length of stay is one day. The maximum length of stay is 30 days, since more than that is by definition not a Short Term Home Rental property. C. Number of guests. The maximum number of transient guests will be limited to two times the number of bedrooms plus one. D. Guest records. The licensee for Type B and C Short Term Rentals must keep a transient guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours' notice. E. Guest disclosures. The licensee must disclose in writing to their transient guests the following rules and regulations, and must submit a copy of the disclosure to the city with the license application and renewal applications:. In addition the disclosures must be conspicuously displayed in the home. 1. For Type B and C Short Term Home Rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative; 2. The maximum number of guests allowed at the property; 3. The maximum number of vehicles allowed at the property and where they are to be parked; 4. Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; Page 9 March 3 April 5 Draft 5. City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. 5,6.No events are allowed to be hosted on the premises. F. License number. The licensee must post their city license number on all print, poster or web advertisements. G. Proximity of assistance. For Type B and Type C Short Term Home Rentals, the property owner, operating lessee or a manager/representative must be located within 30 mileJminutes travel time of the property. The community development department must be notified within 10 days of a change in the managing agent/representative or their contact information. The licensee must provide the name, address and phone number for the licensee or managing agent/representative to all property owners within 14 350 feet of the property boundary. The licensee must notify neighboring properties within 10 days of a change in the managing agent/representation or contact information. H. Separation of Short Term Home Rental units. 1. Type B Short Term Home Rental units must be separated by at least 300 feet from all other Type B Short Term Home Rental units, as measured from lot line to lot line. 14,2. Type C and D Short Term Home Rentals must be separated by at least 900 feet (about three blocks) from all other Type C and D Short Term Home Rentals, measured from lot line to lot line. I. Maximum rental days per year. Not enough discussion occurred on this standard for staff to know what the Council's preference is, or the community's. Perhaps no limit is set on Type A Hosted. Perhaps a limit is set on Type B Homesteaded. Perhaps no limit is set on Type C Non homesteaded. If a fairly restrictive limit is set on Type C, it will likely disappear as a type because it is probably not a financially sustainable model as an investment or vacation property. Type D B&B currently has no maximum established, nor is one proposed. I_Garbage. As required by City Code Chapter 30-1, Subd 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. ICJ. Signage. No signage is allowed on the property of a Type A, B or C Short Term Home Rental. Type D is allowed signage as regulated in Section 31-504 of this Chapter. L. Linen laundry. [Language still being researched on appropriate linen laundering regulations.] M. Pest control. [Language still being researched on appropriate pest control regulations.] cube maker regulations.] K. Events. Events are not allowed to be hosted by transient guests on the premises. For purposes of this Section 31-541.1, an event means a gathering on the premises of more than three un-registered transient guests. Page 10 March 3 April 5 Draft Subd. 8. Code compliance verification form. In lieu of the licensing inspections required as a pre -requisite to the issuance of a license for Type B and C Short Term Home Rentals, the Type A Short Term Home Rental licensees is fe respeasible4errequired to certify that assuring that city life, safety and health code provisions found in City Code are adhered to. Therefore, a license for operation of a Type A Short Term Home Rental will only be issued if a certified code compliance verification form is submitted together with license application materials. The form will be found with the license application materials. Subd. 9. Required inspections. A. Type A Short Term Home Rentals 1. This type of Short Term Home Rental is not required to have an inspection prior to issuance of a license. 2. Upon receipt of a complaint, the city zoning administrator will contact the licensee and will subsequently determine whether a complaint inspection is required. B. Type B and C Short Term Home Rentals 1. These types of Short Term Home Rentals are required to have, and pass, a health and safety code inspection by city building and fire code staff prior to issuance of a license or renewal of the license. 2. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the licensee will know in advance what items will be inspected. 3. Upon receipt of a complaint, the city zoning administrator will contact the licensee and will subsequently determine whether a complaint inspection is required. C. Type D Short Term Home Rentals (aka Bed & Breakfast) 1. This type of Short Term Home Rental is required to have inspections as regulated by Section 31-504. Subd. 10. Limit on number of licenses. No more than a total of 25 licenses may be issued for Type B Short Term Home Rentals. No more than 5 licenses may be issued for Type C Short Term Home Rentals. There shall be no limit on the number of Type A or Type D Short Term Home Rental licenses. Subd. 140. Sales taxes. In addition to state sales tax, the licensee is required to pay the city lodging tax. A. The city lodging tax must be collected and paid either by the web based booking company that the Short Term Home Rental is listed on, or by the licensee directly to the city if the Short Term Home Rental does not use a web based booking service. B. The license application must supply information on any web based booking service(s) used for the licensed property. Page 11 March 3 April 5 Draft C. The licensee, or booking agent on their behalf, is required to pay the city lodging tax quarterly. Subd. 11. Interchangeability. A licensee may use the license to operate any Short Term Home Rental type equal to or less restrictive than the one for which the license is issued. Therefore, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. And, a Type B license allows the owner to operate as a Type B or A. However, a Type D license owner may only operate as a Bed & Breakfast. Subd. 12. Enforcement. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek Injunctive Relief or proceedings to prevent, restrain correct or abate such violations or threatened violations. The penalty for violation of this Section 31-514.1 shall be a Misdemeanor. III. Amend City Code Section 31-315, Allowable Uses in Residential Districts by adding: ALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Bed & Breakfast (Type D Short Term Home Rental) SUPt0 P" SUP Short Term Home Rental; Type A and B P P PPP P P PP P P P Short Term Home Rental; Type C CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. IV. Amend City Code Section 31-325, Allowable Uses in Non -Residential Districts by adding: ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS Short Term Home Rental, Type A, B, C P P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit PUD = Use permitted with a Planned Unit Development Permit A = Accessory use ACC = Allowed as an accessory improvement to an allowed use located on or adjacent to the site Blank cell in table means that the use is NOT allowed. Page 12 March 3 April 5 Draft TYPE A SHORT TERM HOME RENTAL CODE COMPLIANCE VERIFICATION FORM The City of Stillwater has developed this form for the use of all Type A, Hosted Short Term Home Rental licensees. The following minimum safety standards are not all -encompassing, but they are important for the protection of your lodging guests. Therefore, the city requires that you implement these safety guidelines at a minimum. Primary Exit: 1. At least one exist door with direct access to the outside, or to a protected corridor in the case of a condominium or apartment building, shall be provided for each short term rental unit. 2. The exit door shall be side -hinged and not less than 3' wide and 6'8" tall. 3. A landing must be provided on each side of each exterior door. The landing width shall not be less than the width of the door and shall have a minimum dimension of 36" measured in the direction of travel. 4. The exit door shall open from the inside without the use of a key, tool or special knowledge. 5. Handrails shall be provided on at least one side of each continuous run of stairs. 6. Stairs and decks must be properly constructed and maintained. 7. Guards shall be installed along open -sided walking surfaces that are more than 30" above another floor or grade. Insect screening is not considered a guard. Guards shall be at least 36" high with spindle spacing less than 4" apart. Emergency Escape and Rescue Openings: Basements and each sleeping room shall have at least one operable emergency escape and rescue window or door leading directly to a public street, alley or yard. Emergency escape windows shall comply with the following: 1. Window sill height shall be no higher than 44" above the finished floor. 2. Minimum clear window opening of 5.7 square feet or 5 square feet it at ground level. a. Minimum clear opening height of at least 24". b. Minimum clear opening width of at least 20". 3. Windows must be operational from the inside of the sleeping room without the use of keys, tools or special knowledge. 4. Bars, grills and similar devices are not recommended over emergency escape openings. If present, they must open from the inside without use of keys, tools, special knowledge or greater force than what is required for normal operation of the window itself. 5. Windows under decks must fully open and provides a path not less than 36" in height to public street, alley, yard or court. [Included grandfathered language here for homes built prior to adoption of the 2012 International Residential Code.] Smoke & Carbon Monoxide Alarms: 1. Smoke alarms shall be listed and labeled as UL 217 compliant. Carbon monoxide alarms must be listed as complying with UL 2034. 2. Smoke alarms must be installed in each sleeping room, outside each sleeping area and on each additional story of the residence, including the basement. 3. Carbon monoxide alarms must be installed outside of the sleeping rooms and not more than 10' from each separate sleeping area or bedroom. Page 13 March 3 April 5 Draft Fire Extinguishers: 1. A minimum of one portable, 5 pound type ABC fire extinguisher per floor should be provided and maintained per manufacturer's directions. 2. It is recommended that one fire extinguisher be placed visibly in the kitchen area. Electrical Outlets: GFCI protected outlets are required within 2' of any sink, at all kitchen and bathroom countertops, all outdoor outlets, for any sauna or other wet locations. Hot Water: 1. The maximum hot water temperature discharging from bathtub fillers shall not exceed 120°F by a temperature -limiting device in accordance with ASSE 1070/CSA B125.3. Water heater thermostats shall not be considered an acceptable control for meeting this provision. 2. Showers and tub -shower combinations must be provided with anti -scald valves and shall be installed in accordance with ASSE 1016 or ASME A112.18.1/CSA B125.1. Tempered Glass: 1. Glazing in walls, enclosures or fences within 5' vertically and/or horizontally of saunas, steam rooms, bathtub and showers. 2. Windows less than 36" above stairways, stairway landings, ramps and at the bottom of stairways. 3. Glazing in doors and windows within a 24" arc of the door in a closed position. 4. Guard and railings. 5. Individual window panes that are over 9 square feet, bottom edge of glass is less than 18" above the floor, top edge of glass is more than 36" above the floor and has a walking surface within 36" horizontally from the window. Guard Rails: Guards shall be installed along open -sided walking surfaces that are more than 30" above another floor or grade, such as decks, screen porches, balconies, lofted areas and stairs. Insect screening is not considered a guard. Roof -top use in Downtown District: Roof -tops in Downtown Stillwater may only be used by transient guests if: 1. The Short Term Home Rental unit is located in a sprinkled building; and 2. All building codes for fall protection and exiting are met; and 3. The roof -top patio or other roof -top use is specifically allowed within the Special Use Permit that is required of all residential properties in the CBD Zoning District. In addition to the recommendations above, it is highly recommended that mechanical, electrical and plumbing professionals inspect the building systems to ensure that they are in good working order. 1 1 Page 14 March 3 April 5 Draft As licensee of a Type A Short Term Home Rental, I acknowledge that my residence was not designed, constructed or inspected as a commercial lodging establishment. But, I do acknowledge that for the safety of my lodging guests, the foregoing residential code standards have been implemented in my Type A Short Term Home Rental. I, , owner / lessee (circle as appropriate) residing at (street address), (City), (State), hereby swear or affirm acknowledgement of the statements in this verification form. Property owner/lessee's name Property owner/lessee's signature Date STATE OF MINNESOTA SS COUNTY OF WASHINGTON ) On this day of , 20, before me, a Notary Public within and for said County, appeared , who did swear or affirm that this instrument was signed as a free act and deed. Notary Public 1 11 I■■■11 - ■��!• ►11 :111111' ■ s =El:AIM :1111111 Num A■1111. -1,111 Nom -1 imME o = -- -I_ immure 11111 —7 ®%n\%i►\=_ 11111111111 �1•1— NAMIIMIMEN NM.= Short Term Rentals Sample Separations 200 foot separation 300 foot separation 900 foot separation tU 111111■ �■11111011 111■1/r PLANNING COMMISSION DATE: March 3, 2017 TO: Planning Commission TOPIC: Short Term Home Rental Ordinance FROM: Bill Turnblad, Community Development Director INRODUCTION In August of last year the city council approved a contract with Hoisington Koegler Group, Inc. (HKGi) to assist the city with a study on short term home rentals (STHR). The consultant group conducted a survey and completed their research and study in September and city staff held a stakeholders meeting in October to share that research and discuss the issues associated with STHR. In November the planning commission reviewed the HKGi research and stakeholder comments and offered comments as well. In December the city council held a work session with the stakeholders to consider both the HKGi study (attached) as well as public and commission input to date, and decided to proceed with the development of an ordinance allowing STHR in the city in some form or another. In January of this year city staff brought an outline of potential ordinance elements to the council for more direction prior to developing the first draft of the ordinance. It is this first draft that is now scheduled to be considered by the planning commission on March 8, 2017. ORDINANCE ELEMENTS Six elements comprise the core of the proposed ordinance. 1. Definitions. There are four Short Term Home Rental types being considered. a. Type A - Hosted: The property owner or lessee of the property rents out a room, or couch perhaps, but is present (i.e. "hosts") while guests are in the home. Page 2 b. Type B - Unhosted: The property owners live in the home as their primary residence. When the home is rented for a weekend or other short term, the property owners are not present in the home. c. Type C - Dedicated Short Term Home Rental: The property owners do not live in the home as their primary residence. Perhaps they use it as a vacation home, but more than likely it is strictly an investment property. d. Type D - Bed & Breakfast: The definition and regulations for this type of STHR are already established in City Code, and are not proposed to be changed by this ordinance. 2. Licensing process. Each STHR type will have a separate process. The greater the potential impact on neighbors, the more review the neighbors will be afforded. a. Type A - Hosted STHR i. Administrative license 1. If performance standards are met and safety code items are certified as satisfied, staff issues a license. 2. License issued for three years. 3. There is no limit on the total number of Type A licenses allowed in the City. 4. If three substantiated complaints are received from neighbors or guests within a 12 month period, the license is revoked. The revocation can be appealed to the City Council. 5. No inspections required for a Type A license. b. Type B - Unhosted STHR i. Administrative license with neighborhood notification 1. When a license is requested for this type of STHR, staff would send out a notice to neighbors within 150 feet of the property. The notice would explain the license request and ask if the proposal raises any concerns. 2. If performance standards are met, the property passes a safety inspection, and no concerns are raised by neighbors, then staff issues a license valid for three years. 3. There would be a limit of 25 Type B licenses allowed in the City. 4. If concerns are raised by neighbors, staff schedules a hearing before the Planning Commission. a. If performance standards are met, a safety inspection is passed, but the neighbors still have concerns, then the Planning Commission could approve a one year provisional license, or deny the license. b. If there are no complaints during the provisional year, the license would automatically extend for two more years. Page 3 5. If three substantiated complaints are received from neighbors or guests within a 12 month period, the license is revoked. The revocation can be appealed to the City Council. c. Type C - Dedicated STHR i. Conditional Use Permit and license 1. This license review process would follow the process already established in City Code for Conditional and Special Use Permits. 2. A public hearing would be held before the Planning Commission. A notice of the hearing would be mailed to all property owners within 350 feet of the proposed non - homesteaded STHR. 3. If performance standards are met, and a safety inspection is passed, then the Planning Commission could approve the Conditional Use Permit. The Conditional Use Permit would run with the land but the property could not be operated as a STHR without a license as well. The license is issued to an owner, and does not run with the land. So, if the property changes hands, the new owner would need to make application for a new license. 4. With a valid Conditional Use Permit for a property, the property owner would make application for a Type C license. An inspection would be required prior to issuance of the license, or renewal of the license. 5. The Type C license is valid for three years. 6. If three substantiated complaints are received from neighbors or guests within a 12 month period, the licensee is revoked. The revocation can be appealed to the City Council. 7. There will be a limit of five Type C licenses allowed in the City. d. Type D - Bed & Breakfast i. A Special Use Permit process already exists in the Stillwater Zoning Code. No changes are proposed to that process. 3. Limit on number of licenses. No more than 25 Type B licenses would be allowed, nor would more than five Type C licenses be allowed. No limit on the number of Type A or Type D licenses. 4. Location of STHRs. STHRs can occur within any residential zoning district or within the CBD zoning district. 5. Lodging tax. Currently hotels and B&Bs within the City are required to pay a 3% lodging tax. All STHRs would also be required to pay this 3% tax. Page 4 6. Performance standards. In addition to the other requirements of this ordinance, the following performance standards would be applied to each license review. a. Parking. In residential zoning districts, all guest parking must be accommodated on improved surfaces on the premises. No on -street parking is allowed for guests. At a minimum, parking shall be provided at the following rate: 1. 1-2 bedroom unit, 1 space 2. 3 bedroom unit, 2 spaces 3. 4 and 4+ bedroom units, number of spaces equal to the number of bedrooms minus one. b. Length of guest stay. There is no mandated minimum length of stay. The maximum length of stay is 30 days, since more than that is by definition no longer a Short Term Home Rental. c. Number of guests. The maximum number of guests will be limited to two times the number of bedrooms plus one. d. Guest records. The licensee for Type B and C Short Term Rentals must keep a guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours' notice. e. Guest disclosures. The licensee must disclose in writing to their guests the following rules and regulations, and must submit a copy of the disclosure to the city with the license application and renewal applications: 1. For Type B and C Short Term Home Rentals, the name, phone number and address of owner or managing agent/representative; 2. The maximum number of guests allowed at the property; 3. The maximum number of vehicles allowed at the property and where they are to be parked; 4. Property rules related to use of outdoor features, such as decks, patios, pools, grills, recreational fires, saunas and other recreational facilities; 5. City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. f. License number. The licensee must post their city license number on all print, poster or web advertisements. g. Proximity of assistance. For Type B and Type C Short Term Home Rentals, the property owner or a manager/representative must be located within 30 miles of the property. The community development department must be notified within 10 days of a change in the managing agent/representative or their contact information. The licensee must provide the name, address and phone number for the managing agent/representative to all property owners within 100 feet of the Page 5 property boundary. The licensee must notify neighboring properties within 10 days of a change in the managing agent/representation or contact information. h. Separation of Short Term Home Rental units. Type C and D Short Term Home Rentals must be separated by at least 900 feet (about three blocks) from other Type C and D Short Term Home Rentals, measured from lot line to lot line. i. Maximum rental days per year. Not enough discussion occurred on this standard for staff to know what the Council's preference is, or the community's. Perhaps no limit is set on Type A - Hosted. Perhaps a limit is set on Type B -Homesteaded. Perhaps no limit is set on Type C Non -homesteaded. If a fairly restrictive limit is set on Type C, it will likely disappear as a type because it is probably not a financially sustainable model as an investment or vacation property. Type D - B&B currently has no maximum established, nor is one proposed. j. Garbage. As required by City Code Chapter 30-1, Subd 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. k. Signage. No signage is allowed on the property of a Type A, B or C Short Term Home Rental. Type D is allowed signage as regulated in Section 31-504 of this Chapter. 1. Linen laundry. [Language still being researched on appropriate linen laundering regulations.] m. Pest control. [Language still being researched on appropriate pest control regulations.] n. Ice cube makers. [Language still being researched on appropriate ice cube maker regulations.] ACTION REQUESTED Staff requests that the Planning Commission conduct a public hearing and consider the draft ordinance. ALTERNATIVES The following alternatives are available: 1. Recommend approval of the draft ordinance with or without changes. 2. Recommend denial of the draft ordinance. 3. Table consideration of the ordinance for completion of the inspection check list and the performance standards related to linens, pest control and ice cube makers. bt attachments: Draft Ordinance Study Focus Group Comments Hoisington Koegler Group Inc. ®© gm Creating Places that Enrich People's Lives TECHNICAL MEMORANDUM TO: Mayor Ted Kozlowski and Members of the Stillwater City Council Bill Turnblad, Community Development Director, City of Stillwater FROM: Jeff Miller, AICP, Consulting Planner Laura Chamberlain, AICP, Consulting Planner DATE: November 30, 2016 SUBJECT: Short Term Home Rental Analysis and Ordinance Alternatives BACKGROUND The proliferation of short term home rentals (STHR) has increased in the last several years, thanks to the popularity of online services and websites, such as Vacation Rental By Owner (VRBO) and AirBnB. These sites allow individual property owners to rent out their houses, condominiums, individual rooms, and vacation homes for these short term rental stays. Users of short term home rentals often enjoy the "neighborhood" or "residential" feel of their accommodations, which is typically less in cost than a traditional hotel or other lodging. The ability to rent out property for the short term also brings the benefit of supplemental income to the homeowner. Some of the cost savings are due to the lack of regulations, in the form of permits, zoning constraints, licenses, or taxes, which often apply to lodging uses but not residential uses. Many cities around the nation and within Minnesota have begun to look at regulations for short term home rentals. The City of Stillwater decided to undertake a study of this issue in part due to complaints from traditional bed and breakfast (B&B) owners. It can be difficult for B&B owners to compete with short term home rentals because they do not have to meet the same regulations as B&Bs in Stillwater. There have also been a few complaints about noise and parking issues from neighbors of short term home rental properties in Stillwater. In August of this year, the City Council selected Hoisington Koegler Group, Inc. (HKGi) to conduct a study regarding Short Term Home Rentals (STHR). This technical memo provides a summary of HKGi's research of other cities' approaches to STHRs, a summary of a community -wide questionnaire regarding STHRs in Stillwater, a summary of input received at the Oct. 10th stakeholders meeting Hoisington Koegler Group Inc. 123 North Third Street, Suite 100 Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 www.hkgi.com Short Term Home Rentals Study - November 30, 2016 2 focused on this topic, and a list of ordinance alternatives to consider as the City looks toward potential next steps for addressing STHRs. RESEARCH OF PEER CITIES 1) Some cities in Minnesota that have studied STHRs and decided to prohibit them in residential zoning districts. a) Burnsville, which cited the following reasons: • Vacation rentals bring strangers • People come and go at all times of the day and night • Customers are not residents, so they have no interest in maintaining the neighborhood • Noise • Trash • Transient nature of operation b) Bloomington c) Savage, which prohibited rental of homes in residential zones for any period less than 15 days and cited the following reasons: • Resident complaints • Commercial nature of the use in residential zones 2) Some cities in Minnesota that have decided to regulate STHRs. a) Eagan • STHRs allowed in owner -occupied residential units • Allowed in accessory dwelling units if the stay is more than 30 days b) Duluth • Developed separate STHR regulations for vacation homes vs. owner -occupied homes • "Vacation dwelling units" require an interim use permit, which expires after 6 years, and has a number of requirements including annual licensing • "Accessory home share" also requires a permit, but it is an administrative permit which is required annually Short Term Home Rentals Study - November 30, 2016 3 • Both are types of STHRs are allowed within all residential districts of the city c) Prior Lake • Permitted with an annual permit and inspections • Owner and agent do not have to stay on premises during the stay, but they must be available 24 hours a day, within 30 minutes, during the stay • Standards such as parking, number of occupants, and length of stay are determined by site/building characteristics 3) Some cities in Minnesota that do not regulate STHRs. a) Chanhassen b) Chaska c) Minneapolis d) St. Louis Park e) White Bear Lake 4) The City of Saint Paul recently conducted an extensive STHR study. Their findings for cities in Minnesota have been attached as an exhibit. St. Paul is still considering the specific language to use for an STHR ordinance, but they developed the following goals based on their study: a) Develop a Zoning Code amendment to permit STHRs as an "incidental transient occupancy" and develop standards related to owner -occupied and non -owner -occupied units. b) Develop an ordinance amendment to fully regulate non -owner -occupied units for life safety concerns through the Fire Certificate of Occupancy program. c) Develop a mechanism to ensure tax collection is occurring, possibly via STHR host platforms, e.g. VRBO and AirBnB. d) Develop an ordinance amendment to license STHR host platforms, with specific requirements relating to reporting and compliance. e) Utilize complaints about STHRs to inform recommendations for future regulations. f) Educate city staff (police, fire, and inspectors) about the presence of STHR uses in neighborhoods and the potential for complaints Short Term Home Rentals Study - November 30, 2016 COMMON ISSUES AMONG PEER CITIES 1) No definition of short term home rentals 2) Owner -occupied vs. non -owner -occupied rentals 3) Bring strangers into a neighborhood on a regular basis 4) Increased noise and activity in a neighborhood 5) Parking 6) Trash 7) May be seen as a commercial intrusion into residential neighborhoods 8) Buffering/screening for adjacent year-round residents 9) Not typically subject to licensing and inspections 10) Often do not pay local taxes as are required by B&Bs and hotels 11) Unfair competitive advantage 12) Affordable housing concerns, if affordable housing gets converted into STHRs BEST PRACTICES/APPROACHES AMONG PEER CITIES 1) Define short term home rental in ordinance (distinguish from other lodging types) 2) Differentiate between owner -occupied and non -owner -occupied home rental uses 3) Consider a short term home rental permit program 4) Consider where and how they could be allowed, e.g. permitted vs. conditional vs. interim use 5) Establish specific standards for short term home rentals, such as: a) Parking spaces — quantity and location b) Number of occupants c) Minimum number of days for each stay d) Inspection requirements e) Tax collection requirements — federal, state, local f) Owner on -premises vs. owner off -premises 4 Short Term Home Rentals Study - November 30, 2016 STAKEHOLDER MEETING RESULTS In order to get an in-depth perspective on different sides of this issue, city staff held a stakeholder engagement session on October 10, 2016. Stakeholders in attendance included owners of traditional B&Bs, people who currently operate STHRs out of their homes, Planning Commissioners, and other stakeholders representing neighborhood groups. Questions At the meeting, stakeholders raised as many questions as comments. This high level of inquiry indicates that it is beneficial that the city has decided to study this issue and is considering a range of ordinance options. Comments 5 1) Many stakeholders were concerned with the mechanics of having some type of lodging tax or fee system for STHRs. a) A lodging tax would be in the range of 3(Yo (or less) added to the receipt and charged directly to the guest/customer: • Sometimes the websites will coordinate the lodging tax or they will allow the host to add it to their fees through the STHR websites • The City of Stillwater would need to consider how this tax is collected from hosts or the STHR websites b) Concerns that establishing a lodging tax would make the County Assessor re -categorize properties from residential to commercial, thereby impacting the owner's property taxes. Avoiding this reclassification was very important to the meeting participants. c) Questions of income taxes were also brought up: • Hosts that rent out their property for 14 collective days or less annually do not have to pay income taxes on the income they make from the rental • 15 days or more of rental needs to be reported on income taxes d) There may be some distinction needed between homestead (owner -occupied) STHRs and non -homestead (vacation home) STHRs. 2) Stakeholders also brought up concerns over the potential cost burden it would put on the City of Stillwater to establish regulations and then to enforce them. 3) Participants also indicated that more lodging options are needed in the city. Short Term Home Rentals Study - November 30, 2016 COMMUNITY QUESTIONNAIRE RESULTS In order to get an idea of how the community -at -large feels about short term home rentals and their possible regulation, HKGi consultants worked with the city to develop a community questionnaire. The questionnaire was available online for a period of two weeks in late September and early October 2016. Within that time period, 639 individuals responded to the questionnaire. No Yes Q1: Do you think Stillwater's City Code should allow a homeowner to rent out their home (house, condominium, or room) for short term vacations or stays? [622 respondents] 16.65 °,6 83.44% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 6 Q2: Do you think a homeowner renting out their home (house, condominium, or room) for short stays should be required to live in the home to act as a host for the short term renters? Or should a homeowner be allowed to live elsewhere while renting out thei 91.52% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00% ■ Homeowners required to live in the home during short term rental Homeowner allowed to live elsewhere during short term rental Short Term Home Rentals Study — November 30, 2016 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Q3: Do you think short term home (house, condominium, or room) rentals where a homeowner is living in the home should be regulated differently than short term ome rentals where a homeowner lives elsewhere during the short term rental? L461 respondents] 27.11% 72.89% Yes, they should be regulated No, they should have the same differently regulations Q4: In which areas of Stillwater should short term home (house, condominium, or room) rentals be allowed (select all that you find appropriate): [501 respondent, City Wide Downtown Stillwater Multiple -Family Neighborhoods Single -Family Neighborhoods in Western Stillwater 7 Single -Family Neighborhoods in Central Stillwater Historic Single -Family Neighborhoods 91.62% 31.94% 36.73% 0.00% 20.00% 40.00% 60.00% 80.00% 100.00% Short Term Home Rentals Study — November 30, 2016 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Q5: Do you think short term home (house, condominium, or room) rentals should be required to pay the 3% City Lodging Tax currently required for bed & breakfasts, hotels, and motels in Stillwater? r49R respondents] 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% Yes I live in an Historic Neighborhoodas a STR in the renting out in Stillwater 8 past my home as a STR in the future No Taxed Differently ■ Yes ■ No Taxed Differently Q8: Please select any responses below that describle you 7.88% 16.36% 1.01% 52.53% I have rented I am I own a bed & I have stayed out my home interested in breakfast in a bed & breakfast when travelling in another city 70.10% I have stayed in a STR when travelling in another city 12.12% I have a vacation home/cabin that I have rented out as a STR in the past I have a vacation home/cabin that I am interested in renting out as a STR in the future Short Term Home Rentals Study - November 30, 2016 9 Findings 1) An overwhelming number of survey respondents (87.5%) want to allow STHRs in Stillwater. 2) Sites like AirBnB and VRBO have a very good reputation and people feel very positive about using them; 70.36% of all respondents indicated that they have stayed at an STHR when travelling. 3) Hand -in -hand with the allowance of STHRs, respondents were also in favor of reasonable regulations and also some sort of taxation/fee set by the City of Stillwater. 4) In general, people seem more concerned about owners/hosts being close-by/accessible if problems arise more than the specifics of whether or not the owner is on -premises during the rental, or whether the house is homesteaded vs. a vacation home. Essentially, as long as the owner/host is within a 30-minute drive of the property to address issues while the home is being rented, it didn't really matter to respondents whether the home was owner -occupied or not. 5) Of the respondents who want to allow STHRs in Stillwater, an overwhelming number of them (91.25%) want them to be allowed city-wide. 6) Question #7 allowed people to list concerns if STHRs were allowed in their neighborhood: a) Most of the concerns were over parking (82 respondents) and noise (86 respondents). b) Concern over increased crime/the safety of neighbors was brought up by 40 respondents c) 39 respondents felt that allowing STHRs would be positive for the city, and outweighed any concerns about allowing them d) Other concerns involved property maintenance, safety of guests (via fire codes/inspections), and access/accountability of the owner e) A handful of respondents raised concerns about rental properties in general and a few even said that STHRs would be preferable to traditional long term renters in their neighborhood 7) Under "Additional Thoughts" (Question #8), 122 people responded that allowing STHRs would be a positive thing for the city. a) Many said that the city's tourism cannot be supported solely by traditional lodging: • Local lodging is either too expensive, too small for large groups, or too unavailable (booked up) • A number of respondents mentioned they had visitors who stayed in Woodbury because accommodations in Stillwater were so scarce Short Term Home Rentals Study - November 30, 2016 b) Many respondents also said they felt that people should be able to use their property as they please. 8) Fire code/ safety code/ building standards are a concern for respondents. 9) Various comments regarding ways that an ordinance or permitting process could further restrict STHRs: a) Limit total number of permits allowed in the city b) Limit the number of guests c) Revoke permits if too many complaints (three strikes policy) d) Regulate length of stays (e.g. minimum of two days?) e) Limit number of stays within a year f) Notification to neighbors about STHRs g) Inspections h) Criminal background checks of guests KEY CONSIDERATIONS FOR THE CITY IN DEVELOPING A POTENTIAL ORDINANCE Should STHRs be considered a principal use, accessory use, or both? • Need to establish definitions in the Zoning Ordinance • In Duluth, if the owner is on -premises during the stay (renting out a room), then it is considered an accessory use, only requiring administrative approval; if the owner is off -premises (renting out their entire home, or entire vacation home), then it is considered a principal use and requires an Interim Use Permit • The City of Stillwater should consider whether they want to distinguish between owner - occupied home rentals vs. non -owner -occupied homes and vacation homes utilized for STHRs How could the STHR use(s) be allowed? • Not allowed — STHRs remain a prohibited use as is the case today o Not recommended based on the number of existing STHRs today and the community support for STHRs in Stillwater expressed in the questionnaire • Conditional Use o Conditional Use Permit (CUP) runs with the property, so would be difficult to keep control it when a property owner moves 10 Short Term Home Rentals Study - November 30, 2016 o Requires submission of an application to the City, a Public Hearing in front of the Planning Commission (with notice to neighbors), and approval by the City Council o Theoretically reviewed annually by the City Council, but difficult to keep tabs on • Interim Use o Interim Use Permit (IUP) runs with the property, so can become complicated if sold o Requires submission of an application to the City, a Public Hearing in front of the Planning Commission (with notice to neighbors), and approval by the City Council o Requires the establishment of a sunset date (cannot run in perpetuity) • Permitted Use outright (licensing not required) o Could be processed through a zoning application (similar to a fence permit) o Potentially could become difficult to enforce any additional standards (off-street parking requirements, etc.) • Permitted Use but subject to licensing o Approved administratively through the City (easier, quicker, and less costly for the applicant) o Could establish an STHR licensing program that includes an annual fee and inspection schedule if desired o Could build in a complaint clause (e.g. three strikes policy) Where could the STHR use(s) be allowed? • Within all zoning districts • Only within residential zoning districts • Only within specific residential zoning districts, e.g. downtown neighborhoods How could the City address taxation? • Different types of taxation could be considered: o Income tax: if an owner rents out a property for more than 14 cumulative days in the year, the earnings made from that rental must be reported on annual income taxes o Property tax: based on the value of the property and use of the property, determined by the County Assessor. The STHR use will not impact the use or value of the property according to the County Assessor, so no change would be necessary 11 Short Term Home Rentals Study - November 30, 2016 o City lodging tax: a 3% lodging tax could be added to what is charged to the customer/guest of any type of lodging establishment in Stillwater. The funds from the local lodging tax go directly into a fund to promote Stillwater tourism and advertise lodging establishments • Options include: o Charge local lodging tax on STHRs, same as traditional B&Bs (3%) o Charge local lodging tax on STHRs, but different and less than traditional B&Bs (e.g. 1.5%) o Remove local lodging tax from B&Bs and do not tax STHRs o Charge STHR permit/licensing fees to cover city administrative costs of processing permits and inspections, but do not charge an additional tax o Do not tax STHR uses What performance standards could be considered as potential requirements for the STHR use(s)? • Off-street parking minimum and location • Maximum number of guests • Maximum number of vacation stays/days per month or year • Types of required inspections • Screening, lighting, garbage • Requirement for owners to be on -premises or within a certain distance of STHR • Minimum lot size • Lodging tax applicability Attachments: Appendix A - Table 1: City of St Paul Study Summary Appendix B - Table 2: Peer City Research Table Appendix B - Stakeholder Meeting Comments 12 City of Saint Paul Short Term Rental Study Table 1- Regulation of Short Term Rentals in Minnesota Cities City How Currently Regulated Permit Fre& Safety Length of Stay Number of Guests Allowed Parking Requirements Penalty Bloomington Short term rentals are prohibited Burnsville short tern or vacation rental s prohibited. An amendment to the City Code Business Regulations was adopted February 16, 2026 that specifically restricts short term home rentals within the city as a business regulation. Chanhassen short term rentals are not regulated Chaska short term rentals are not regulated Duluth Interim use wrmtto operate: vacation oral and a home share „footorent outyart ofa home. Regulations revised May zol6 permit and inspections are required. Inspections required 2to29 days the Depends upon the number of bedrooms Determined by Me number of bedroom: Eagan The city prohibits stays of less than 30 days unless guests reside within the owner/tenant occupied pie Sin a is accewed ssory dwelling dap unit w mmX sechedodoary is within orattachedto a primary residence and ether of the units is owner occupied. The unit must be registered as an accessory dwelling unit and cannot be larger than one thkd the site of the primary residence. Accessory dwelling units must be registered with the city. Smokedelectoo are requireg[oo rooms and Carbsleepon Cetbon Monoxide e mired are drequiredwiping to fe feet leer of sleeping rooms in accessory dwelling units. Occupamyofthe accessory dwelling to two Hinted to two people. Two parkin g spaces rortencehe a dt residence and two spaces ,V the ssory quire . unit are required. Minneapolis Shortterm rentals are not regulated Prior Lake m// htt156,99.$3.130/weblinklleMar nW0/doc/43)33]/Page3.aspe ab0nm terrentals are allowed by an ordiwnce atlopted in 2015 Permit and Inspection are required. Ordinance adopted mid-2015. Owners/tenants are not usually present. Hosts are limited to rentals Per month varies depending :parrot sire or the lot and the six of the ant (children under three are not included in the total number of guests) De street parking spade: ego: in number to Me number of bedrooms In the dwelling unit Revocation of permit; misdemeanor C.\Users\vials \APO/eta \Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\VDB07TKG\Appendix 1- Peer City Review without phone numbers.doc City How Currently Regulated Permk Fire 8 Safety Length of Stay Number of Guests Allowed Parking Requirements Penalty Rochester city dces not regulate short term rentals but has specific regulations specific allow for medkal stay dwelling units for patients and their families Mat were enabled by state legislation in 1015 which regulates them as lodging establishments. These units must have a license, P.n an inspection, and be properly Savage Bans rentals of homes in residential zones for any period shorter Man 15 days. Ban adopted December 7, 2015. Ban adopted due to residents' complaints, along with the apparent commercial use of properties residential areas. (Info Stillwater short term rentals are not permitted In residential neighborhoods. Stays of less than 30 days are permitted in central business district and commercial districts with a CUP. No specific conditions or standards apply, though building and fire inspections are required. St. Louis Park short term rentals are not regulated C:\Users\vickis\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\VDBO)TKG\Appendix J- Peer City Review without phone numbers.doc Table 2 • Regulation of Short Term Rentals Outside of Minnesota oty San Prohibited titans* gning Taxes length of stay Fire satetY Registration Ordinance Owner occupancy Maintenenee records Insurance Route Cede Number*: mama. Floor Arse Rpulremenl Frith( Other allowed RequtennnO Francino,U 014 2Regulatlns Chicago, x Renting a portion or your entire unit while you are also present for an unlimited number of nights per year and renting a portion or your entice unit while you present fora maximum of90 nights per year. It you area team, m u may not make re than your onthly rentfrom your al fees charged to guest: Cleats posted sign at front doorwit locations of all Fire extinguishers In unit and building, go shut-off valves, fire exits, pull fire alarms This must be ported on the hosting platform's listing. You may only register ry_w residential k. Fee upand 550, registration Is Rood for Seem x Permanent resident (ow emntro275 nights Ina calendar year) Records for Resident lunit must not have any outstanding Planning, Building, Housing, Fire, Health, Police, or other applicable City code violations. Liability in insurance amount of no less than $500,000 a provide proof that liability coverage an equall or higher amount is being provided be any and all hosting platforms through which you will renteligible your ut. xcohhhp(shhu Residential units that aresubject Inclusbnary Affordable Housing Program p d raydentlel dells a w s below market race (PAR) o. restricted under city, state, or federal law are not to It 2011 ordinance Madison, WI vacate rental license is required. A dwelling unit with up to is sleeping that is available for rent for hire, for transient occupancy by guests which are 0. oCapie % 90 da nor less per Vear, otM1erwbea bed and breakfast Rinse Is required9uired, M inspection is mning board rebew and $SOOftt ...mt.. ...mt..s years Proof of Insurance register. 'The CM is prop0dnga $1500. 0r6m Fine r6 months n jag as a penalty for 'olati>m x Tourist roomlroomingattime house x If operator meanies ot rental there is no hmitu the operator dces not occupy at time of rental the limn is 30 days per licensing Veer. Smokers detectors Carbon monoxide detector x Owner or renter can operate if explicitly allowed in the lease Mon -side registry for inspection Identifying all guests, dates of y, whether operator is present or absent y, and during stay, and length ofsfor the istry current theaand the year andtne year immediately prior. low density areasalnw one family plus one roomer or more than two unrelated elated erlx In higher density famoyarea, lusfauily plus plus four or up to five unrelated individuals. Ci\Users\vickis\AppData\lo0I\Microsoft \ Windows \Temporary Internet Files \Content.Outlook\VDB07TKG\Appendix J- Peer City Review without phone numbers.doc Oly Prohibited license Zoning Taxes Length acme Isle Fire IL Way Registration Ordinance Owner moments MYMenenee nawrds Maumee Mousing Code compliance Number of oaupauro allowed Floor Ann Requirement ParhMg Requirements Other of Palms, SC X 3 months or less 6nkhttime 60 daytime X X Monterey County, G X Between 7 and 30 days San Bemedino County, G Miami X special pe�q and sipsge required Less than30 days X Determines umber of beds allowed X Beach, FL Prohibited In ell single family homes and some multi- family buildings C:\Users\vickis\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\vDB07TKG\Appendix 1- Peer City Review without phone numbers.doc October 10, 2016 — Short Term Vacation Rental: Stakeholder's Input Session Questions Comments For communities who already license/regulate, are there differences between rentals less than two weeks and those that are greater than two weeks (given that federal tax regulations don't apply less than two weeks in a given year)? Paying lodging tax does not seem that complicated and (general consensus) is that the tax should be paid. What about the county and how do their inspections relate to these types of uses? How does this impact other City of Stillwater (COS) regulations? VRBO business model is simplified if property rented less than 14 days in a year, since federal income tax is not required for that limited period of time. Is the use commercial or residential? Is the zoning commercial or residential? Is the tax rate/status commercial or residential? Good to look at from the perspective of guest safety (water temperature, fire extinguishers or sprinklering system, two means of egress, home meets all building and fire codes, etc.). This has to be a part of any regulations for this type of use. Checklist should be developed and required to be met as part of permit process. How will this reflect upon the community? There is a difference between B&Bs and other types of short term vacation rentals, but there is cross -over in the customers, operations, impact upon neighborhood, taxes, etc. How will the neighborhoods look with changes of this nature? The thing that is universal is whether or not the lodger has had a bad experience within the community. Does COS have any idea on the cost of administration of an expanded program? Is there a mechanism for the COS to pay program funds? Would the cost of staff or monitoring programs be paid for? Is there the political will to fund a program and to what level? Not every lodger prefers the types of existing lodging establishments within the community. There are those that want to rent an entire house without an owner/manager. There are also those that want to rent a room but not eat breakfast with the other guests. What about zoning/permits for specific areas/neighborhoods and has there been conversation about areas which the community would not allow them or that they would not be permitted? Stillwater is an event/wedding destination. How can a 'vacation home' business be a residence? The County staff is looking at the City of Stillwater's efforts to study and regulate short term vacation rental properties to help inform their decisions on what they would like to do with the industry in the future. What good does a lack of overnight lodging do for the image of the community and the events that the community holds? As a VRBO owner, appreciates all the diversity at the table. As a business owner (other than VRBO), think overnight rentals are a good thing for the community and has been beneficial to the community and downtown businesses. What will the impact of another 50-70 unit hotel have on the community? Will hotel investment occur if there are so many alternative short term lodging options available within the community? Will this affect ROI on new investment within the community? Is it appropriate to have a zone -specific allowance? In other words, can the City restrict short term vacation rental properties to a specific zoning district? Should a non -accessible utility room be required for monitoring (i.e. water heaters)? As a popular event destination (this is the reason people are coming to the community) there are not that many lodging options for people to stay in downtown. People enjoy walking to downtown. How are the market/community needs shifting and how is this ordinance/regulations/etc. going to address those changes? Maybe a different set of rules for commercial/downtown areas opposed to residential areas. What are the total number of rooms/units in the other communities? Likely need to have these regulations through the zoning code which would allow for limited commercial uses in the residentially zoned neighborhoods. Question of what we want the City to look like (opposed to who we are catering to)? Private property owners can be more restrictive than the City's regulations. So, Home Owner's Associations can prohibit short term vacation rentals even if the City chooses to allow them. What is the maximum number of rooms in a single VRBO that are allowed in other communities? We have one of the largest homes on the VRBO website. Our guests are often families/extended families who want a communal vacation experience. This type of lodging option is not available in the community without the short term vacation rental properties. The VRBO website company requires their listed properties to have someone within 25-30 miles of the site at all times there are guests/lodgers onsite. Community is losing wedding events because of a lack of lodging within the community. This is a way to maximum ROI on a house. An income -generator to allow for new investment into single family residences. Concerns include: size of groups per size of house, parking, character of residential neighborhoods, and age of lodgers. Concerns and complaints don't appear to change over time. Intent to give flexibility to rent a home but have a mechanism in place in the event things do not go well. Try to find the happy -medium for everybody (but not likely to be perfect for any one). Limiting location (as in a particular zoning district, or within a certain distance of downtown, or along collector streets), and distance (as in no short term vacation rental could be closer than 300 or 500 or 900 feet of another or of a B&B), and the potential total number of properties permitted in the City would be a reasonable to start. Discussion with individual stakeholders after meeting included the following notes: 1. The County considers short term vacation rentals to be commercial for health inspection purposes if the property is not the primary residence of the property owner. The homestead credit would be lost for State income tax purposes if the home were not the primary residence. (The County may also change the tax status from residential to commercial, though we are not sure of this.) In addition, City building code and fire code consider the property to be commercial if it is not a primary residence. This triggers a number of issues including: egress, fire suppression, handicapped accessibility, railings, etc. 2. In some tourist destination communities (Duluth, many in the mountain states, etc) the total number of permitted short term vacation rentals is capped. Duluth allows only 60. The primary reason for this is that without a limit, the affordable housing stock is converted to STVRs and service industry employees can no longer find sufficient housing. Stakeholder's included: 1. Several HOA presidents 2. B&B owners 3. Hotel owners' representative 4. Residential property owners that put STVR on hold until study concluded 5. CVB President 6. Planning Commission member 7. Two City Council Members 8. Others who have expressed an Interest liwater THE BIRTH P L A TE OF MINESOJ PLANNING COMMISSION MEETING DATE: April 12, 2017 CASE NO.: 2017-06 APPLICANT: Joshua Wilichowski REQUEST: Consideration of a 9' variance to the 30' Exterior Side Yard Setback [City Code Section 31-308(b)(1)] from Hancock Street East and a 4.0% variance from the 25% Maximum Lot Coverage for the construction of a 624 square foot garage at the property located at 1104 1st Street South. ZONING: RB: Two Family COMP PLAN DISTRICT: LMDR: Low/Medium Density PREPARED BY: Erik Olson -Williams - Zoning Administrator/Assistant Planner REQUEST Joshua Wilichowski is requesting a 9' variance to the required 30' exterior side yard setback for garages, as well as a 4.0% variance from the 25% maximum building lot coverage. The applicant states that his current garage (built 1970) is in disrepair and is not large enough to fit his two vehicles., The existing garage sits approximately 30 feet from the exterior side property line and less than one foot from the rear and interior side property lines. While the application indicates the garage would be moved to the south from where the existing garage is located, the new garage would not conform to the zoning setbacks for garages in this district. APPLICABLE REGULATIONS AND ANALYSIS The purpose of the variance is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance" and "...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." 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. The applicant must demonstrate that: 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 purposes of the Front & Exterior Side Yard Setbacks are in part to maintain an open, unoccupied and uniform space for aesthetic and environmental benefits which would preserve a uniform streetscape in residential neighborhoods. The purposes of the building coverage restriction include discouraging more building mass on a property than is characteristic of the historic neighborhoods in Stillwater, and to prevent more hard surfaces than are acceptable for stormwater control and treatment. Garages in the City's historic neighborhoods are encouraged to be in the rear of properties, but in any event to be set 10 feet back behind the front line of the home. These locations put the streetscape's visual emphasis on the house, rather than the garage. In this case, the garage will be nearly 10 feet behind the exterior side building line of the home, which is 11.8 feet from the property line on Hancock Street. The proposed garage will be 21 feet back of this property line. The proposed garage is located in the rear of the property, but the lot is located on a corner, necessitating a larger setback from the street -side property line. Despite requiring a variance from the Exterior Side Yard Setback, the proposed garage will be in compliance with the rear and interior side setback requirements. The existing garage does not meet either of these setbacks, but the proposed garage will be setback the required three feet from the rear and interior side lot lines. The 624 square feet of the proposed garage, together with the 1,330 square feet of the house, equals 1,954 square feet. This is 29.0% of the lot's 6,737 square feet. In terms of massing, if the lot met 7,500 square foot minimum lot size, the variance request would be 1% instead of 4%. Therefore, it very nearly meets the massing standard for this historic neighborhood. And, in terms of stormwater treatment, the property more than meets the standard. Total impervious surface in this neighborhood is allowed to be 50% (25% building and 25% other impervious surfaces). And, with the proposed garage, the total coverage will only be 37.0% The variance is consistent with the comprehensive plan. The Comprehensive Plan identifies the following applicable to this request: ■ Retain the unique and/ or historic character of existing residential neighborhoods (Chapter 4, Housing - Objective) • Incorporate into decisions the designed historic contexts as the official overview of the history and development of the City of Stillwater (Chapter 5, Historic Resources - Program) The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: Case No. 2017-06 CPC: 4/12/2017 Page 2 of 4 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; While the property contains a garage, the size and condition of the garage is not sufficient for the property owner. It is reasonable to have a two -car garage on this property. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and This property is unique in that it does not meet the minimum size requirements for a single-family lot in the RB zoning district. The minimum lot size is 7,500 square feet, but this lot is only 6,737 square feet. However, this does not have a significant impact upon the viability of the proposed garage, as the lot does meet minimum width requirements. The variance, if granted, will not alter the essential character of the locality. Despite not meeting the minimum setback requirement, the proposed garage is still setback behind the facade of the house, and greatly exceeds the setback of the garage on the neighboring property to the west. As the Zoning Code and Neighborhood Conservation District promote a house dominant streetscape pattern, the removal of the existing non -conforming structure and replacing it with another nonconforming structure, would not significantly alter the character of the neighborhood. ALTERNATIVES The Planning Commission has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a 9'variance to the 30' Exterior Side Yard Setback [City Code Section 31-308(b)(1)] from Hancock Street East and a 4.0% variance from the 25% Maximum Lot Coverage for the construction of a 624 square foot garage at the property located at 1104 1st Street South, with or without conditions. The Planning Commission may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. If the Commission were to find practical difficulties do exist for the property owner, staff would recommend the following conditions: a. Plans shall be substantially similar to those on file with the Community Development Department's Case No. 2017-06. b. A building permit shall be reviewed and approved prior to the demolition of the existing structure and construction of a new structure. c. The garage will have similar color and materials as the residence. d. Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. 2. Make the finding that practical difficulties have not been established and deny the variance. 3. Table the application and request additional information. Case No. 2017-06 CPC: 4/12/2017 Page 3 of 4 FINDINGS AND RECOMMENDATION On the basis that the application is in harmony with the intent of the zoning ordinance, in in keeping with the character of the neighborhood, will not overburden the property's ability to manage stormwater, and is consistent with the comprehensive plan staff recommends approval of the variance request. ATTACHMENTS Site Location Map Proposed Garage Elevation & Plans Proposed Site Plan Tree Plan Existing Grading Plan Proposed Grading Plan Narrative Existing Aerial with Topography Case No. 2017-06 CPC: 4/12/2017 Page 4 of 4 w W .. � z � 502 . 4 I- :� I I lwater Q E. HUDSON ST . �.1RRy / p, <' The Birthplace of Minnesota EAST CHURCHILL STREE V .' ; " '� 914 `il Pi nil IT n H,'. _ 920 = ' +,,, Site Location Map ::i z O - _ � 92. D _ _ 07 Wilt I— if 11 4 4,iBi + EAST DUBUQUE 1. Fr 11 , w _ ZIli W ` \ Atmyr;.'ii j Q _ •• j T 1 ' . >�il 1103 1104 1103 ,�. 102 LI 1— 0 145 290 580 Feet 1105 h- 1'908 1107 p -- --�' I.-- f05 . C: -_ Tr¢ 4109 p 1032 o O C General Site Location 1 � u) u' 1 f2 , �111 1.� = r� 506„ yP EAST BURLINGTON STREET EAST BURLINGTONir w H H :' 1204 ° I— : 'Nig ri G a I :" ,I ii Z W W D Q Z W W uD EAST MARSH STREET Q" Iz ! 1 ', �• •� * •`O i'P-"'-'". u) EAST ST LOUIS ?V(1,135,...)6, 7,4441,05 116( ds# 5. frx)/1 • .41=111,„ lot r-, um 7 _ 0.. irremp..54, \ SEMI • RAJ I ERS 011111rahliii; ' 4 44minti CORM TIE I1At f LOOR CROSS-SECTION 1301,fli 20' •• MIN dr! •mm, Alma /./. 61 War am I=11, 1.011 (+,1 a ••• aro •• •• ova .1.4 ••••• ••• •••• amen ai -1.0 SECOND FLOOR PLAN - - -•••- FRONT 24' 40.• •••-al lehr= t,! 1 X T GARAGE DOORS FIRST FLOOR PLAN 17E �GA� l/QLf « 5 7 wl L/ G7�lir).t FT r Ai16 r \ ti 1 23 FAST ///f/V Cane SST. ,P .46A - - Nt�9'4�'1z'c u�t MP, Ole .10 4- DRr ve \` \ \ \,. \ razq r �. 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(vzg4 2' 2,812' .ti //x)v coc,e 5z /or a737 .s . / ela r ..A,e '# ► GyALt Z,,vi LY:0r0 /'pkV, N Wee/.s4- .44/ • //Q4'� 2 F ijr i33a Sq FT. t fr 1r 1 /d8 .rr, eaxe I II --039°03'Z49"u/ f%A'/ r/E Lac /9.3' kIN i Joshua Wilichowski 1104 1St St S Stillwater, MN 55082 March 15th, 2017 Dear City of Stillwater Planning Commission: My name is Joshua Wilichowski and I am writing you to ask for approval of our application to construct a new garage on our property. My family moved into 1104 1st St South in Stillwater in May 2015. Our home was built in 1880 and, although we are not certain, we estimate that the detached garage was built in the early part of the 1900's. The garage is a wood frame building with a cement floor. It is currently in poor repair. The wood frame is rotten and the foundation is heaved. According to survey we had done on the property last year, a portion of the garage sits on (or just beyond) the property line. Finally, the garage does not currently accommodate our two main vehicles. My wife and I would like to start the process of demolishing the existing garage and constructing a new garage. Our goal is to erect a 24 x 26 one and a half story detached structure that is set back from the lot line. We would like to build this structure so that two full size vehicles (e.g. trucks or SUVs) could park in the garage and provide enough storage space to hold the necessary household equipment (e.g. lawn supplies, snow blower, screen and storm windows). The details of the plan are included in the application packet. In creating the plan for the new structure, we also want to maintain the aesthetics of the neighborhood and our home. As such, we are proposing a garage plan that we believe closely aligns to the time period of the home and the "look and feel" of the area. In addition to creating a usable space for our family, we anticipate that this structure will positively impact the adjacent properties. Specifically, by setting back the structure from the lot line, the two other buildings on our neighbors' properties will not be in such close proximity to our garage. Further, we intend to regrade the area that the garage will sit so that water will drain toward the curb, rather than toward the back corner of the lot. Finally, we believe the neighborhood will be positively impacted by the enhanced appearance of our garage generally. We have included the requested information. Should you need any additional information, please let me know. I would be happy to provide additional information or discuss this further. Thank you for your time and consideration. Kind Re , Joshua Wilic owski Washington county PUBLIC WORKSDEPARTMENTEPT SURVEY AND LAND MANAGEMENT DIVISION 14919 bald Sheet North, P.O. Bar 6 Sewer, Minnesota 56082-0006 (651) 490.667E srmermecommehl nglon.maua w*W..a. estrinplon.mn.ua/sunsyor CONTOUR LEGEND 10 FOOT INTERVAL CONTOUR 2 FOOT tITERVALCONTOUR Commas are provided courtesy of the lanne:mu DepMeantaf %Mural Resouroes (DNA). The Minnesota DNA miles no representation or earaAies, empress or implied, with respect to We lease of data provided hermit, rem of its tunneler the mean of transmission. There Is no Qumran a representation to the NW se ro the accuracy, currency, rwtablly, or reliably of this data ter any purpose. The Geer sweets the data 'as Is', and assumes M riel% aseocNRed with is wee. The Minnesota DWI seannes no reeponstitp to actual a coneequenlial damage Incurred as a resut of any users m0enoe on des data. LEGEND DWR PROTECTED WATERS DM9 PROTECTED WETLAND DNR PROTECTED WATERCOURSE MINICPAL BOUNDARY PARK BOUNDARY NORTH SCALE: 1 into .10 feet SECTION -TOWNSHIP -RANGE INDEX Ipf 1 1320 QI , 1..I30,20I 1ffII cornet' VICINITY MAP * . LOCATION OF THIS MAP MW 22 2' ?2 11 NW r -NE IL I 32 31 42 4r sip 4_ _sIE 33 34 I 43 I 44 PROPERTY IDSMIRCATIDN NMMER FOMAAT(OEOOODE) TOM61 WI ae es s Inc 1ee®1 hneaee hneem PUCK RR see IR RI I/Rc (0001) •vUFOIM eTIWPeOnn,Y THIS DRAM IS FIE RESULT OF A COMPILATION ARID REPRODUCTION OF LAND RECORDS AS THEY APPEAR M VARIOUS WAS INGTON COUNTY OFFMES, WASHINGTON COUNTY IS NOT RESPONSIBLE FOR ANY INACCURACIES. PROPERTY LINES AS SHOWN ARE FOR REFERENCE PURPOSES AND MAY NOT REPRESENT ACTUAL LOCATIONS. MAP LAST UPDATED: May IZ 201E NOM 21TY41.ORVO SHAVEBEENREPORTEDTODATE DATE OF : NMember,2011 DATE OF PHOTOGRAPHY.: AwIL 8 7"o b ►e►z. 14.41P. oil pi Iwoi, c4 jDWsk/ � Water THF 9 ITHPLC { OF M E N N F.S 9 T A PLANNING REPORT MEETING DATE: April 12, 2017 CASE NO.: 2017-07 APPLICANT: Anne Stanfield, Ecumen, representing Our Savior's Lutheran Church, property owner REQUEST: Request for a Zoning Text Amendment (ZAT) to allow for Senior Care Living Facilities to be located in the RA One Family Residential Zoning District by Special Use Permit ZONING: RA -One Family Residential COMP PLAN DISTRICT: LDR-Low Density Residental (Generally) PREPARED BY: Laura Chamberlain, AICP, Planning Consultant APPLICANT REQUEST Anne Stanfield, of Ecumen, has applied for a Zoning Text Amendment (ZAT) to allow for Senior Care Living Facilities to be permitted by Special Use Permit in the RA One Family Residential zoning district. If the Zoning Text Amendment were approved, she would then proceed with the Special Use Permit process for the Commission's consideration of a Senior Care Living Facility on the parcels located at 114 Brick Street and 1616 West Olive Street, owned by Our Savior's Lutheran Church. The applicant is also seeking to specify conditions for the SUP within the RA zoning district, by limiting Senior Care Living Facilities to sites that are 5 acres or greater, and amending the maximum height requirement for the RA zoning district to be simply a 35 feet, rather than the current 2.5 stories not to exceed 35 feet maximum. While the applicant has provided specifics for the future development of the aforementioned parcels, these are not for the Commission's consideration at this time. The application before the Commission is whether or not Senior Living Care Facilities should be permitted by Special Use Permit on all RA One -Family Residential zoned parcels. APPLICABLE REGULATIONS Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when public necessity, the general community welfare, and good zoning practice permit the amendment. The following findings must be made before an amendment to the zoning map or text is made: ■ 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. COMPREHENSIVE PLAN The Comprehensive Plan Chapter 4, Housing, indicates that seniors made up 12% of the community's population. And, demographic trends suggest that the metro area will see an increased demand for senior and elder care facilities. Currently there are three skilled nursing facilities in the City of Stillwater: Golden Living Center Greeley (313 Greeley Street South) which contains 70 beds, Golden Living Center Linden (105 Linden Street West) which contains 67 beds, and Good Sam Society (1119 Owens Street North) which has 91 beds. Additionally, there are two 'Housing with Services' licenses within the City limits: Home Free at 6450 Panama Avenue and PSC at Orleans Homes at 1455 Cottage Drive. These facilities will not be able to provide the increased demand for senior housing over the next several decades. The Comprehensive Plan indicates the following in relationship to senior housing and assisted living: Policy 4. Attempt to disburse assisted housing throughout the community. Policy 5. Locate assisted housing near transit lines and public parks. Policy 9. Utilize the Future Land Use map to designate residential sites appropriately located for a range of housing densities. Program 3: Attempt to meet regional lifecycle housing goals for the City of Stillwater. STAFF ANALYSIS Existing Zoning Code Provision In determining whether a proposed use will fit within a zoning district, the Commission should first be aware that the proposed use will need to conform to all provisions of the underlying RA One -Family Residential zoning district. It should additionally be noted that as the applicant has proposed Senior Care Living Facilities to be permitted by Special Use Permit, this would allow for individual review of each new Senior Care Living Facility in a Planning Commission public hearing prior to the approval of the new development. Therefore, even if the ZAT was approved, the Commission would have site -specific development review and opportunities for public input would occur. The RA One -Family Residential Zoning District is a residential district which allows for single family dwellings as a permitted use. No other residential uses are permitted in this district. Institutional uses, such as public and private primary and secondary schools, churches, cemeteries, hospitals, nursing homes, and rest homes are allowed with a Special Use Permit. The City has allowed for code modifications to authorize this type of housing in residential areas to provide for housing options for seniors and elders who would like to continue to live within the community. All RA zoned lands are depicted on the attached map. Aside from the parcels Ecumen would like to develop, there are six other five acres sites in the RA district. Of these, one is a church, one is an elementary school, one is a city dog park, and one is the former Aiple property that is encumbered by a conservation easement that will not allow buildings to be constructed. That leaves only one other potential site for a senior living facility. That site is Case No. 2017-07 CPC: 04/12/2017 Page 2 of 4 located on McKusick Road just west of Oak Glen Golf Course. If the parcel size were reduced to three acres, three more sites would be available as potential senior living parcels, all neighbors to the five acre parcel on McKusick Road. Senior Care Living Facilities are allowed by Special Use Permit in the Lakeshore Residential (LR) zoning district as well as the Medium Density Residential (RCM) Zoning District. As the attached map indicates, all RCM zoned lands are developed. Currently the only LR properties that could potentially be developed for senior living buildings would be north of Long Lake. And, these properties are in fact in the public review and permitting process for a senior living campus. Currently, there are no specific conditions tied to the Special Use Permit for Senior Care Living Facilities in other districts. The applicant is requesting that language be added for this SUP for the RA district to limit Senior Care Living Facilities to sites of five acres or larger. Additionally, they have requested that the building height requirement for RA in general be changed from "21/2 stories, not to exceed 35 feet" to a simplified maximum building height of 35', as the city code does not designate what constitutes a half -story, making the language difficult to enforce for non -single-family residential buildings. City staff understands this request, but propose an alternative to changing the height requirement for the district in general, instead add the height maximum of 35' as a condition for Senior Care Living Facilities SUP. The requirement for Senior Care Living Facilities not to exceed 35' in height is much clearer and easier to enforce, while still retaining the 21/2 story rule for single family residential buildings within the district. The proposed language below reflects the City staff recommendation. Comprehensive Plan: Policies and Programs The approval of the proposed ZAT would enable the City to continue to meet the community's policies and programs for assisted and lifecycle housing needs within Stillwater. Comprehensive Plan: Land Use and Density In approving a ZAT to allow for Senior Care Living Facilities to be located by Special Use Permit in the RA One -Family Residential zoning district, the use of the property would remain consistent with the Future Land Use Plan of allowing for residential housing to be developed in residential areas. As the RA One -Family Residential zoning district has been determined to be consistent with the Low Density Residential (LDR) future land use class on the Future Land Use map, those lands could be developed with the RA base zoning in the future. If those properties were rezoned to RA, this could allow additional acres to be eligible for the development of Senior Care Living Facilities. These properties are located mainly along Manning Avenue north of County Road 12, and immediately west of the city's new fire station. The RA zoning district has been identified as having a maximum density of 4.4 units per acre. But, so long as an application for a Senior Care Living Facility can meet the underlying zoning requirements (including, but not limited to, setbacks, height, off-street parking, open space, onsite stormwater treatment, etc.), it would not have to be limited to the density of a standard residential development. Case No. 2017-07 CPC: 04/12/2017 Page 3 of 4 PROPOSED TEXT AMENDMENT Sec. 31-315. - Allowable uses in residential districts ALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Senior Care Living Facilities SUP SUP13 CUP 13 Senior Care Living Facilities in the RA zoning district shall have a minimum lot size of 5 acres and a maximum building height of 35' ALTERNATIVES, FINDINGS, AND RECOMMENDATION The Planning Commission has the following options available: 1. Recommend that the City Council approve Zoning Text Amendment 2017-07 allowing for Senior Care Living Facilities in the RA One -Family Residential zoning district. 2. Recommend that the City Council deny the requested ordinance amendment. 3. Table consideration for more information. Staff finds that greater lifecycle housing options in a greater number of zoning districts is in the public interest, and the general community welfare is furthered by allowing for Senior Living Care Facilities in the RA One -Family Residential zoning district. Staff further finds the proposed 2017-07 zoning text amendment is in general conformance with the principles, policies, and land use designations set forth in the comprehensive plan. Therefore, staff would recommend the Planning Commission forward a recommendation of approval to the City Council. ATTACHMENTS Zoning Map 5 Acre RA Zoned Parcels 3 Acre RA Zoned Parcels Site Location Map Applicant Narrative Request Case No. 2017-07 CPC: 04/12/2017 Page 4 of 4 SUMMIT CT WRIGHT ST GREEN BEEN LANE PG SUMMER SUM FIELDS FIEL NQ 0 0 e < TENDING GREEN HARVEST 0 =e -bdD GREEN J ,F .a. A,R INSHIP AVES', > GREEN LIB Z� ADELINE OMESTEAD A GREEN 7y GREEN EBEN COURT GRE ‘O RUTH ERF Q� l'K's 0 m� EBEN yaP GRN c c • jUDD TR 4 e F W t m Q N mO o � AVEAVEC CURVE 62nd O cRFST RLvo S� s�PA BLEST STAPLES PLACE 0 0 e SAWYER• ' PLACE. BqR - zOEZgNO �P OfZgNO m DR m" Lng Lake LOW ELL COURT LOVE" COURT South Twin Lake WHITE WINE RY ,� R' e�'* �QQ- z SIDCREEK ' - EAGLE ',ZG 0 �GOp�.. CRT z.WAIUT�, 6 Y- 0 j0 Q T"PG� law—L m `G6c.cy 0,,Q❑w ~1 IG��Y J �OPG�OQ W0 W0::, ,, CG W 0 0 C.)Q W Z mZ 'PD N . - z v AO 4/<G E TR c't , RO tiq-A 0� RT McKusick �oOda °� " M`Ead lJ�f vd e z 1 \ - 14 i�i � MAL LARD ❑ W.J _ O CT. o O LOOKOUT HA/tiT W �` vL CT �P� K ❑ JJI STERLING 20 ti0 m w m< - m I SUNNY WAY .. `z ❑ ' m� O CA >] kOPE LNG 2- Q O LA. c„ a o �� 0 u - a p W. , 2 a �' z 0 0ii ,o PP�N W. W I- O IjI __I RLIACHEN PEER v z -C y N y RAM SEY ST. N z _ - Q, DR. ' 0 ST-_ -. Cr _o r = O ~O -, ly rr W w ° O C Z° W A O f11 00 W. OLIVE m Y._ �., Z V7 w EDGE0 OD ,c:', S 0, ?.0 o wr W OAK O_ m- _. H w Z Gi. O P° °�• m Q f/i c W • 2',,a III w L �p,WN 0 FAIRME J - Qo - PL 0 cn w =� 0 N ° w w�D n 0 X w CROIXWOO D W gL�D w U Cr F VGE� Cr, G z RD. O vI 0R0 0 Q pp=WILLARD w.n ��,y N k SK YVIEW p > ❑ .0 Q• - rn a ❑ 1 l�y� �i!. WILD CRe-S-C JO p� OOD CT. p °pUA/ T wZ k J w ¢ vraKE N GREEN ❑ > �,_ RY oR� • E. C a ly Lake ST. ALLEy JOHNSON Cj. McKUSICK AMUNDSON GAL LAGER PL. CT AMUNDSON CIR NIGHT- 1 INGALE COURT 34, 0 0] > ❑ Lu ❑ O 0 O ORLEANS S-T Lake HIGHLAND w� = CT. DRIVING PA r864, CK 66 SHELTON POPLAR W. MOORE ST. c SYCAMO RE ST. �EFST. STILLW W. HIC KOR Y W, MAPLE ST. MULBERRY ST z z W. OLIVE AV E. ST. z N WILLA RD co 0 0 0 x W. ORLEANS Esi ERETT DR. W LO 0 W NBo v W 2 Q- CT Z x o NARR\ HUDSON CHU RCH ILL STN !C?& -0 ST. co 'S'L N D UBU QUE HA NCO CK ST. E. HAN COC K > W > -o E. BUR LIN GTO N <ST,w co us " MA RSH Q UPPER illw*i THE BPRTHPLACEOFMINNESOTA Zoning Districts A-P, Agricultural Preservation RA- Single Family Residential RB - Two Family TR, Traditional Residential LR, Lakeshore Residential CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial CA- General Commercial CBD - Central Business District BP-C, Business Park - Commercial BP-0, Business Park - Office BP -I, Business Park - Industrial IB - Heavy Industrial CRD - Campus Research Development PA - Public Administration PROS - Park, Recreation or Open Space Public Works Facility ROAD WATER April 3, 2017 Five Acre Properties that are zoned RA Three Acre Properties that are zoned RA 0.., o 0 illwater 0 . The Birthplace of Minnesota yR T`� AO&E NV S _.• NNYSLC 1616 Olive Street West o<<\ -O '-'7,y WEST ----- Municipal Boundary w w ct 1- 0 145 290 580 Feet N CP v General Site Location Os Ecc WEST F w _ "° � \\\ O VJe . j111►A p y 1 .,, fir, � ! �. � vC � I � WEST — •Tc "�.41Y7 OLIVE STREET CS, w w 1—; w w w rr�" 1._ _101 PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Special/Conditional Use Permit Variance Resubdivision SubdMslon* Comprehensive Plan Amendment* ACTION REQUESTED Case No: CR O Date Filed: Base Fee: Technology Fee: $25.00 Receipt No.: 1/1-4 57005 75a au v1i,r1 X Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant Is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Only one copy of supporting materials are required However, any documents larger than 11 x 17 must be submitted In paper and In pdf format Review the Checklist to the Planning Administration Application Form for the complete fist of required items that must be submitted. Arw incomplete application or sunnartino materiel wilt cause your application to be relected by the City. Required — Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit If necessary. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project 1616 OLIVE STREET Assessor's Parcel No. 2903020420042 Complete Property Legal. Description. See Attached (*Required — Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. RA Zoning District Description of Project Request for Zoning Text Amendment: 1) To allow Senior Living Care Facilities within the RA Zoning District, for sites that are 5 acres or greater. 2) To modify the height requirement language in RA to read 35' maximum. (GEO Code) '7 hereby state the foregoing statements and all data, information and evidence submitted herewith in ail respects, to the best of my knowledge and belief, to be true end correct. 1 further certl y I will comply with the permit if it Is granted and used." Required Property Owner OUR SAVIOURS LUTHERAN Mailing Address 1616 OLIVE ST W City - State — Zip STILLWATER, MN 55082 Telephone No. 651-439-5704 Emall Dale@oslcstillwater.org Signature ) -e n / ,--- Signature is re uired]) If other than property owner Representative Anne Stanfield, Ecumen Mailing Address 3530 Lexington Ave N City - State — Zip Shoreview, MN 55126 Telephone No, 651-766-4320 Email annestanfield@ecumen.org Signature if S:IPLANNINGIADMINISTRATIONIFORMSIPLANAPP.DOCX January 29, 2013 (Signature Is required) Zoning Text Amendment Request for 1616 Olive Street INTRODUCTION / REQUEST The following zoning ordinance text amendments are being requested: 1) To allow Senior Living Care Facilities within the RA Zoning District, for sites that are 5 acres or greater. 2) To modify the height requirement language in RA to read 35' maximum. Currently, the height requirement for RA zoning reads "2.5 stories, not to exceed 35' maximum." The zoning text amendment request is to omit the "2.5 stories, not to exceed" language from the zoning ordinance thus allowing for single, clear height requirement of 35' maximum. There is no definition offered as to what constitutes a half story, and as such the current language is confusing and difficult to enforce. The requirement to not exceed 35' in height is clear, concise, and easy to verify/enforce. ZONING TEXT AMENDMENT REQUEST - SUPPORTED BY GOALS OF THE COMPREHENSIVE PLAN Within Chapter 4 (Housing) of the Comprehensive Plan, Goals 1 and 2 call for "...planning for a range of new housing opportunities" and "providing a balanced choice of housing types and densities, suitable to a wide range of demographic groups, with a focus on life cycle housing." The objectives of this chapter also support development of higher density infill, encouragement of housing for a range of age levels, and use of the planned unit development process for reviewing innovative development concepts and protecting natural resource areas. The city's zoning ordinance currently doesn't allow for Senior Living Care facilities within the RA district, but this is a logical use in a residential area as the building is residential in character and the way it functions (e.g. it is not an office building, industrial use, etc.). The text amendment request also restricts the Senior Living Care Facilities in a RA district to sites of a particular size to protect residential neighborhoods from having a Senior Living building pop up on a small site in the middle of a neighborhood. Keeping a larger site requirement as part of this amendment request makes it more feasible to maintain setbacks without variance requests, storm water can be addressed on site, the building can be of a size that can support quality amenities and services, etc. Currently the residents of Stillwater do not have many senior living options in the community in which they live, and often move to adjacent communities for this type of housing opportunity. Market demand for this type of building, regardless of where it is located, often demonstrates that most residents come from a fairly small radius around the building, as residents want to stay close to their friends and family, as well as the city amenities that they enjoy. As they move out of their homes into a senior living building, their former homes are opened up for new families moving to the area. Additionally, the City of Stillwater Planning Staff stated in a previous request: "The Comprehensive Plan's housing chapter encourages providing a range of housing for the aging and elderly. One tool identified for doing this is through the zoning ordinance with allows higher density senior residential facilities by SUP in several of the City's single family zoning districts." (From Staff Report for Select Senior) MARKET NEED/DEMAND 65+ population in the market area, which includes Stillwater and adjacent communities, is projected to grow over 30% in the next 5 years. Currently, there are no options for Active Adult Rentals, Independent Living with some services, Assisted Living or Memory Care in the City of Stillwater. While these types of senior housing are available in Oak Park Heights, Oakdale, Mahtomedi, Woodbury, and White Bear Lake there is a gap within Stillwater of providing a variety of housing options for an aging population. This request to allow Senior Living Care Facilities in the RA zoning district and this project address this gap and demand in Stillwater for Independent, Assisted and Memory Care housing. Ecumen is proposing a Senior Living Care Facility that would provide 145 housing units including 73 independent units, 36 assisted living units and 36 memory care units. We are proposing 186,000 square foot building on approximately 10 acres and would be a maximum of 35 feet in height. Ecumen will purchase two contiguous properties, at 114 Brick Street (current location of the AM radio tower for KLBB) and 1616 West Olive Street (land which is currently undeveloped and owned by Our Saviors Lutheran Church). Ecumen would both own and operate the building. Ulwater THE B I R T H PLACE OF MINNESOTA PLANNING REPORT DATE: April 10, 2017 APPLICANT: Intergenerational Living and Health Care of Stillwater LLC, (ILHC) CASE NO.: 2017-08 LAND OWNER: 1) Grace Baptist Church, represented by Delbert Miske 2) Elden Lamprecht 3) McKenzie Living Trust, represented by Don McKenzie 4) Dionne and Michael Meisterling 5) SCSR, represented by Jennifer Cates REQUEST: 1) Four phased Concept Planned Unit Development including 209 units of senior living in two multiple use buildings, 36 duplex/townhome units, and a church expansion 2) Final Planned Unit Development for Phase 1, Phase 2, and Phase 3 3) Preliminary Plat for Lakes at Stillwater for 16 lots and 3 outlots 4) Final Plat for Lakes at Stillwater for 7 lots and 5 outlots 5) Vacation of a Drainage and Utility Easement 6) Special Use Permit for Senior Living Facility in the LR, Lakeshore Residential Zoning District LOCATION: 12525 75th Street North COMP PLAN: Low Density Residential (1.0 - 4.4 units per acre) CURRENT ZONING: 1) Base Zoning District: LR, Lakeshore Residential AP, Agricultural Preservation 2) Overlay District: RD, Recreational Development Lake Shoreland Management District for Long Lake REVIEWERS: Community Development Director, Public Works Director, Deputy Fire Chief, City Planner, Building Official, Washington County Public Works/Transportation, DNR Regional Hydrologist, Brown's Creek Watershed District PREPARED BY: Jeff Miller, AICP, Planning Consultant Laura Chamberlain, AICP, Planning Consultant Lakes at Stillwater April 10, 2017 Page 2 BACKGROUND Kendra Lindahl, of Landform Professional Services, representing applicants Intergenerational Living and Health Care of Stillwater LLC (ILHC), The Goodman Group LLC, and the Northland Real Estate Group LLC, has submitted an application to develop a 57.8 acre site located at 12525 75th Street North. The Senior Living Facility is to be known as "The Lakes at Stillwater". The site is made up of seven existing parcels: PID Owner Area (acres) FLU ZNG 1. 30-030-20-42-0002 SCSR LLC 5.12 LDR LR 2. 30-030-20-42-0010 SCSR LLC 1.51 LDR LR 3. 30-030-20-42-0011 Grace Baptist Church 4.59 LDR LR 4. 30-030-20-42-0007 Dionne & Michael Meisterling 8.54 LDR LR 5. 30-030-20-42-0004 McKenzie Living Trust 10.21 LDR LR 6. 30-030-20-42-0005 Elden Lamprecht 16.22 PROS AP 7. 30-030-20-42-0040 Elden Lamprecht 11.86 PROS AP The southern portion of the site lies within the Recreational Development Shoreland District of Long Lake (see Map A). Consequently, development must either be on one acre lots or must occur as a Shoreland Planned Unit Development (PUD). A shoreland PUD allows increased density if: 1) at least 50% of the site remains in commonly owned permanent open space; 2) densities are shifted away from the protected lake; 3) emphasis is placed on protecting the natural resources of the site, such as trees and water basins; and 4) no more than 25% of the site is improved with impervious surfaces. The developer in this instance has chosen to develop according to the Shoreland PUD standards. The project is planned to be developed in four phases: • Phase 1: o The Lodge: a 123-unit senior living facility (59 Independent Living, 32Assisted Living, 16 Full Care, 32 Memory Care) o Construction of Minar Avenue South (improved public street) o Outlot A (stormwater ponding), Outlot B (open space & trails), Outlot C (Long Lake) • Phase 2: o 30 units of senior duplexes/townhomes • Phase 3: o Sandhill Shores: a 70-unit senior assisted living facility Lakes at Stillwater April 10, 2017 Page 3 • Future Phase: o Grace Baptist Church expansion (est. 300 seats) o Meisterling lot future subdivision (est. 6 senior duplex units, 1 single family residential) SPECIFIC REQUEST The developer is requesting: 1) A four phased Concept Planned Unit Development for 209 units of senior living in two multiple use buildings, 36 duplex/townhome units, and a church expansion. 2) Final Planned Unit Development for Phase 1, Phase 2, and Phase 3 3) Preliminary Plat for The Lakes at Stillwater for 16 lots and 3 outlots 4) Final Plat for The Lakes at Stillwater for 7 lots and 5 outlots 5) Vacation of a Drainage and Utility Easement 6) Special Use Permit for Senior Living Facility in the LR, Lakeshore Residential Zoning District EVALUATION OF REQUEST I. CONCEPTUAL PLANNED UNIT DEVELOPMENT As mentioned above, a shoreland PUD allows increased density if: 1) at least 50% of the site remains in commonly owned permanent open space; 2) densities are shifted away from the protected lake (Long Lake, in this case); 3) emphasis is placed on protecting the natural resources of the site, such as trees and water basins; and 4) no more than 25% of the site is improved with impervious surfaces. All of these standards have been incorporated into the proposed PUD. A. Minimum Dimensional Standards Site size A standard PUD has to be on a project of at least 3 acres in size. The subject property has 57.8 gross acres. Density Density for this project is set by the state shoreland regulations for PUDs. Specifically, the State's shoreland PUD rules calculate density based upon what type of shoreland district is involved, the minimum lot size of that district, and the distance away from the lake. As long as 50% of the site is preserved in permanently dedicated open space (public waters, stormwater ponds and public right of way cannot count towards open space Lakes at Stillwater April 10, 2017 Page 4 calculations), density increase bonuses are allowed. And, the further you get from the lake, the greater the density bonus. Long Lake is classified as a "Recreational Development Lake." The number of houses allowed in the Recreational Development Shoreland PUD is calculated by taking the square footage of land in a tier (minus wetlands, 72nd Street prescriptive right-of-way, and water surfaces at normal water level) and dividing that by the standard lot size. The "standard lot size" by City Code in the LR Zoning District would be 20,000 square foot lot. The applicant has proposed 245 units within the development. The applicant provided an exhibit showing the Open/Developed areas as well as the Suitable/Unsuitable areas. The DNR has just recently notified the applicant that their density calculation methodology is incorrect. But, there was no time to resolve the issue prior to finishing this planning report. The density calculations need to be confirmed and approved by the DNR before the Planning Commission forwards a recommendation to the City Council on this case. Setbacks With a PUD there are no required internal lot line setbacks, except building separations as required by Building Code. There are however required setbacks from the perimeter of the project, from the bluffline traversing the property, and from wetlands. Perimeter setbacks. When the proposed type of use in the PUD is more intense than the neighboring property, such as a senior living center next to surrounding single family homes, then the perimeter setback must be at least double the height of the structure(s) in the PUD. On the west and south sides, the cottages have a building height of 17 feet, so the setback line is 34 feet. As seen in the Site Plan, the proposed PUD exceeds the perimeter setback requirements for the side yards. Consistent with the LR, Lakeshore Residential Zoning District, the setback from County Road 12 should be 100 feet. Though with a PUD, there is no specific requirement that it be any more than double the height of a building. None the less all of the buildings exceed the 100 foot setback except the future church expansion, which has a 60 foot setback. As long as the church addition is only 30 feet tall, the standard PUD setback would be met. And, since there is excess road right-of-way along this portion of the Lakes at Stillwater April 10, 2017 Page 5 County Road, a church addition taller than 30 feet could be allowed. If the standard 75 foot half right-of-way on CR 12 were applied here, the setback to the new church addition would exceed 100 feet. So, the location of the future church addition satisfies the intent of the 100 foot setback from the needed right-of-way of County Road 12. Bluffline setback. 40 feet is required. In no instance does an existing or proposed building encroach upon the required 40 foot setback. Wetland buffer (setback). This will be addressed under the Watershed District comments below. Impervious coverage A maximum of 25% of the PUD's net project site can be improved with impervious surface. The proposed total is 23.7%. B. Open space State law requires 50% of a Shoreland PUD's site to be permanent open space. The project site includes 57.8 acres. 50% of that would be 28.9 acres. Outlot A and B have 28.07 acres. However, according to an email from the DNR Area Hydrologist, not all of Outlot A is eligible to be considered open space by State rules. This must be resolved before the Planning Commission forwards a recommendation on the case to the City Council. C. Parking The application materials submitted a parking summary but a city review of the materials will not be available until the public hearing. D. Future Development 1. Meisterling Property Entitlement Period. Typically, only 6 months may pass before an application must be submitted for a Final PUD permit. However, there is an exception for "phased development", which allows the Final PUD to be applied for "according to the approved staging plan". Currently, the applicant's submitted Phasing Plan only identifies the phasing for the Meisterling and church properties as "future". It is in the City's best interest to grant approval with an Lakes at Stillwater April 10, 2017 Page 6 identified sunset clause, which will be likely be determined by the City Council as part of its approval. 2. Meisterling Property Roadway Access. Given the length of the proposed cul-du-sac on the main senior living campus, the future twinhome units on the Meisterling property should have access directly to 72nd Street, and not have access to the long cul-du-sac. Conditions of approval of the Concept PUD for the Meisterling lot, which are identified at the end of this report, will need to be met at the time of Final Plat approval. E. Recreation Plan Within the Landscape Plan (Exhibit L2.1) an internal private trail system as well as improved open spaces for passive recreation are shown. According to the City's Comprehensive Plan, a connection of the City trail system should go through the Elden Lamprecht site to connect existing city trails to Highway 12. But, according to the Brown's Creek Watershed District, no impervious surfacing or grading can happen in proximity to the wetland. As such, planning staff recommends that the applicant present alternative methods for a connecting trail, possibly through the developed portion of the site, or utilizing some of the private trails as public trails. III. FINAL PUD The applicant has requested that only portions of the Concept PUD proceed forward into the Final PUD process. These portions include Phases 1, 2, and 3, as seen on the Phasing Plan. Phase 1 contains the building of Minar Avenue South, Outlots A, B, and C, and the development of "The Lodge" senior care living facility. Phase 2 includes "The Cottages," senior townhomes and duplexes along the proposed Minar Avenue South. Phase 3 is made up of "Sandhill Shores" independent senior care living facility. The future phases of the Meisterling property and the Grace Baptist Church will go through a Final PUD process at time of development. IV. PRELIMINARY PLAT A. Overview The applicant has submitted a preliminary plat showing the subdivision of the lot amongst all the phases. It is the intention of the applicant to go through preliminary plat approval of the entire project and then only go through the final platting for Lots 1-3; and 9-12; leaving the remainder as outlots, some of which Lakes at Stillwater April 10, 2017 Page 7 will be re -platted for future phases, the others will remain as outlots. The preliminary for "The Lakes at Stillwater1" includes: • 16 lots accommodating a church, an existing single-family home, two mixed use senior living buildings, and 12 lots for senior duplexes/townhomes • Two public rights -of -way. One will be a cul-de-sac [Minar Avenue South] from which private roads and driveways will provide access to the homes. The other [72nd Street North] will remain a gravel road as it currently is. • All property outside of roads and building footprints will be owned in common by the Home Owner's Association and platted as unbuildable outlots. • The plat includes Outlot B, which will be set aside for wetland and open space preservation. Language pertaining to the long-term ownership and conservation of Outlot B will need to be included in the Development Agreement. • The applicant's Tree Preservation Plan [Exhibit C1.4] shows that there are currently 2,311 significant trees on site. City code allows for the removal of 35% of trees without replacement. This equals 809 trees; the applicant is proposing the removal of 1,109 trees, requiring the replacement of 301 trees on the property. The City Forester is reviewing the plans for consistency with City Code • Municipal water and sanitary sewer will be extended through the site via the new public right of way, Minar Avenue South. • A private trail system will connect Minar Avenue South with the 72nd Street right-of-way. Staff recommends that a public trail connection between 72nd Street North and Highway 12 be established on the site in order to meet the goals of the City's Comprehensive Plan. • The applicant has requested that the name of the public street off of Highway 12 be named "Birchwood Run." City Staff recommends denying this request and maintaining the name "Minar Avenue South," to correlate with the existing street naming system within the city. B. Civil Engineering The City Engineer reviewed the plans and makes the following comments: ' The owners of the project have changed the name of the project from "The Lodge at Stillwater" to "Lakes at Stillwater". However, this change occurred after submission of most of the application materials. So, the correction will have to be made to the names when final materials are submitted to the City. Lakes at Stillwater April 10, 2017 Page 8 1. The length of the cul-de-sac measures 1600 feet and exceeds the city code of 600 feet. This is only acceptable because of the emergency access point to County Road 12 and the midpoint of the long cul-de- sac. 2. Emergency overflow from the pond north on 72nd Street should not flow across 72nd Street. It should be redirected to the east to the drainage ditch. 3. An easement shall be dedicated for all common drainage areas. i.e. backyard drainage on the west end of the property (town homes). 4. The utilities (water and sewer) east of the cul-de-sac serves more than one property. Therefore, these utilities must be within public right-of-way, and under a street including street or declared to be private. 5. No direct runoff from the site may drain to Jackson Pond. 6. The storm sewer form I.B.4 must be extended to the creek 7. Trails on the site should not enter onto 72nd Street until an established trail is along 72nd Street. But, the construction of any portion of the trail that does not connect to 72nd should be provided for in the form of an escrow. 8. Ped ramps must be constructed according to ADA guidelines. 9. Trees shall not be planted in the boulevard. 10. Eventually, a through street should be shown at the southwest corner of property for future connection. Or at least the future senior living buildings on this part of the site should be accessed directly from 72nd Street and not over the long cul-du-sac from County Road 12. 11. Approval for drainage from Brown's Creek Watershed District and Washington County. 12. All other items are minor and can be addressed at the time of final review C. Brown's Creek Watershed District Comments Comments are not available yet from Brown's Creek Watershed District. The applicant shall be required to meet any conditions set by Brown's Creek Watershed District in order to make the project compliant with Watershed rules. D. Tree Preservation & Landscaping Plans have been submitted to the City Forester for review and a report is expected for the Planning Commission public hearing. Lakes at Stillwater April 10, 2017 Page 9 E. Park and Trail Dedication The City's Trail Plan shows a planned public trail segment traversing the open space shown as Outlot B. This trail would connect 72nd Street to the County trail along the south side of County Road 12. The Browns Creek Watershed District has informed the applicant and the City that no impervious surfaces or grading may be done in proximity to the wetlands on the site. As such, a trail may not traverse the site as planned. City Staff recommends that the applicant add a trail connection through the developed portion of the site, possibly taking the place of the private trail now proposed, in order to be in compliance with City plans. Staff recommend that this trail be added to plans before the City Council's meeting for approval. Ordinance Standards Ordinance 963 establishes minimum public park and trail dedication requirements for all development. In cases such as this one where the Comprehensive Plan and park planning efforts do not identify a need for on -site parkland, a park dedication fee is required in lieu of a land dedication. Park Dedication Fee There is no established park dedication fee in Ordinance 963 for senior living facilities. The most similar fee may be for multiple -family projects, which requires $1,500.00 for each unit. However, the impact of a senior living project and an apartment building are not similar. Therefore, the Park Commission in similar cases reduced fees. If those reductions were applied to Phase 1 (The Lodge) of this project, it would result in the following fees: Unit type Number of units Park usage Standard fee/unit Recommenced fee/unit Recommended Total Memory care 32 0% $1,500 $0 $0 Assisted living 32 0% $1,500 $0 $0 Independent living 135 I 50% $1,500 $750 $101,250 Full Care Suites I 16 0% I $1,500 I $0 $0 TOTAL I $101,250 The Independent Living total of 135 units includes the 59 Independent Living units in The Lodge, the 6 twinhome cottages and the 70 Sandhill Shores Independent Living units. Lakes at Stillwater April 10, 2017 Page 10 The park dedication fees will be due upon release of the final plat for the lots containing the independent living units. Trail Dedication Fee In addition to the park dedication fee, Ordinance 963 also requires a trail dedication fee if a trail is not to be built and dedicated to the public. In this project a public trail would be required through Outlot B. The cost of public trail construction should be deducted from the required trail dedication fee. As mentioned above, the trail connection through Outlot B will not be permitted by the watershed district. So, an alternate route through the project should be provided. So with the park dedication fee, it is unlikely that the impact of the project's residents upon the trail system will be in the same order of magnitude as a standard apartment building. Therefore, the Park Board has made the following recommendation for similar projects. Unit type Number of units Trail usage Standard fee/unit Recommenced fee/unit Recommended Total Memory care 32 0% $500 $0 $0 Assisted living 32 25% $500 $125 $4,000 Independent living 135 100% $500 $500 $67,500 Full Care Suites 16 I 0% $500 $0 $0 IW TOTAL I $71,500 The trail fees will be due upon release of the final plat for the lots containing the assisted living and independent living units. The total trail dedication fee would therefore be $71,500 minus the cost to the developer of constructing the public trail to connect 72nd Street with the County trail on County Road 12. V. FINAL PLAT A. Overview 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 of the plat. As explained in the preliminary plat section, the applicant has decided to undergo the preliminary platting for the entire site, but will only pursue the final platting Lakes at Stillwater April 10, 2017 Page 11 of Lots 1-3 and 9-12 of the preliminary plat. All other lots (4-8 and 13-16) will instead become outlots in this final plat. When the applicant is ready to develop those lots, they shall be required to go through the final platting process. Typically, before a final plat may be submitted, all conditions for the preliminary plat need to be met. Since the applicant has elected to pursue preliminary and final platting at the same time, all conditions of the preliminary plat must be met or included in the Development Agreement before the final plat may be released from the City for recording. VI. VACATION OF DRAINAGE & UTILITY EASEMENT A. Overview The applicant has applied to vacate the existing drainage and utility easements platted as part of "The Lakes at Stillwater". The vacation of easements is needed due to the changing of the location of lot lines. As noted on the final plat a 10 foot drainage and utility easement is proposed along the plat boundaries. VII. SPECIAL USE PERMIT A. Overview "Senior Care Living Facilities" are allowed in the Lakeshore Residential (LR) zoning district with a Special Use Permit. The applicant has requested that "Senior Care Living Facilities" be specially permitted for the properties designated as Lots 2-11, and 13-16 in the Preliminary Plat of "The Lakes at Stillwater," generally referred to as "The Lodge," "Sandhill Shores," and "The Cottages," in the application materials. The Planning Commission typically utilizes their authority to approve/deny Special Use Permits. As this Special Use Permit request is so intertwined with other Land Use decisions that need Council approval, staff recommends that the Planning Commission make a recommendation on the Special Use Permit and forward the decision to the City Council. B. Regulations and Standards Sec. 31-207(d) of the City Code states that a Special Use Permit can be approved if the Planning Commission finds that: (A) The proposed use conforms to the requirements and the intent of the Zoning Ordinance, the Comprehensive Plan, and any relevant area plans. Lakes at Stillwater April 10, 2017 Page 12 Zoning Ordinance All relevant Zoning Ordinance standards have been reviewed in previous sections of this report. Comprehensive Plan The Comprehensive Plari s housing chapter encourages providing a range of housing opportunities for the aging and elderly. One tool identified for doing this is through the zoning ordinance, which allows higher density senior residential facilities by SUP in several of the City's single family zoning districts. (B) Any additional conditions necessary for the public interest have been imposed. Architectural design - The project site is not located within a historic residential neighborhood, downtown, or the West Business Park. Therefore, no architectural standards are mandated, nor is a review by the Heritage Preservation Commission required. None the less, architectural design is important to the City and its residents. The architectural elevations and exteriors have been submitted and meet City standards [Exhibits A3.0, A3.1, A3.2, A3.3, A5.0]. Lighting - A lighting plan has been submitted for the street lighting. The illumination spillover is held at 0.0 luminaires at all perimeter property lines. Cut sheet details have been submitted for each of the exterior fixtures, highlighting both aesthetic considerations as well as glare potential. The applicant needs to submit a general building lighting plan to ensure that lighting will not spill onto neighboring properties, nor will there be any light sources visible from public streets or perimeter property lines. (C) The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The location and the layout of the Senior Care Living Facilities puts minimal impact on neighboring properties while also accomplishing the City's goals of increasing housing options and varieties for the growing senior population, as highlighted in the Comprehensive Plan. All of the senior living facilities conform to height and bulk requirements for the district; they also meet standards for a shoreland PUD, encouraging development away from the shoreland of Long Lake. With all of this in mind, staff has determined that senior care living facilities as proposed would not be a detriment to the public on this site. Lakes at Stillwater April 10, 2017 Page 13 RECOMMENDATION The proposed Concept PUD, rezoning and preliminary plat for Phase One represents a good solution to the need for Senior Living Facilities yet balancing the density envisioned by the Comprehensive Plan and the protective goals of the South Twin Lake Shoreland Overlay District. However, since several critical DNR concerns are still unresolved at the time of this report writing, staff will not have a recommendation until the Planning Commission public hearing. Attachments: Location Map Map A - Shoreland Zoning and Location Map B - Site Plan Map C - Phasing Plan C2.1A - Concept Plan C2.1B - Concept Plan C2.1C - Concept Plan Preliminary Plat Final Plat Grading Plan L2.2 Trees and Seedling Plan Floor Plans and Elevations Narrative Density Calculations cc: Kendra Lindahl Jennifer Sorensen, DNR Regional Hydrologist eOL 1.11 Ater NCR D ,, """ n 6' The Birthplace Minnesota \ c+ AL Y at- pZ d $,T. r y. r .,. ]]TH STREET NORTH M 7 4. „ } s;Pry, Y rt f • .mat NORTH• b ; w; 3 ,;0, Ab , .- allpy '— ROq o NL R7H L T DRTH of N A_ \. � v� 1. 12525 75th Street 12550 72nd Street 12620 72nd Street North North North 12721 75th Street North „.EAr' 30.030.20.41.0040 30.030.20.42.0005 5O� OLHOOSE , ie.,� SUM,nrr: 90 i GREEN • +'e`�'cT i�-� �oun TALLPINE TRAIL , FQ ¢ 90 'S TEE _ �� 30.030.20.42.0010 ..__.._ Municipal Boundary 0 462.5 925 ary 1 850 Feet PIONEER /'bacE OZ O' ROAD RUTHEI ]2ND STREET NOPT 1 1 NIEHIACHEN DE E Q' NIFF/API,EN General Site Location dt FARM HILL /O'er'.' 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District boundary W ' O 0 l f /Z r'� 1 CROIXWOO C/ib477- illvvater THE BIRTHPLACE OF MINNESOTA Map A Zoning Districts A-P, Agricultural Preservation RA - Single Family Residential RB - Two Family ▪ TR, Traditional Residential LR, Lakeshore Residential L CR, Cottage Residential CTR, Cove Traditional Residential CCR, Cove Cottage Residential CTHR, Cove Townhouse Residential ▪ TH, Townhouse RCM - Medium Density Residential RCH - High Density Residential VC, Village Commercial CA - General Commercial ▪ CBD - Central Business District BP-C, Business Park - Commercial BP-0, Business Park- Office BP -I, Business Park - Industrial IB - Heavy Industrial ▪ CRD - Campus Research Development PA- Public Administration PROS - Park, Recreation or Open Space Public Works Facility ROAD WATER April 3,2017 ec IWICMAliquip... 0 Pstalla epitailimat Intergenerational Living and Health Care .. • . LANDFORM • . PHASING PLAN The Lodge at Stillwater • Stillwater, MN 03.17.2017 Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC. 1 ti2E BUIi.I7ING 2 31,50m SF. FFE = 929.33 • • ♦. ♦ ♦ / a♦ 1 1 / `' / 1 1 /,, 1 1 FUTURE 1 / ID CHURCH I / %, f / • // BUILDING I 1 f!, 1 FFF=930.30 , ♦ „ w, •,, Q 1 o O, • a. 15 d I .e •« <a.. ♦% • ' \N1a" Ma" !1 ♦ 0 • • s♦ N ,• • ,� ,� • •• `I ♦ • ♦• 1 ,4 •` 0P• M.4TCI-I LINE SEE SHEET C2.IC • NORTHLAND POND MANAGE 1 WE.ELAND DNR 82-305A 100--YR HVII —894 84 ♦ / • // Lni AL Know whori Below. CaII b.lae you dig. NORTH 30 60 THE LODGE OWNER• OPERATOR Intergenerational magimman The Goodman Group REAL ESTATE CODEVELOPER NORTHLAND REAL ESTATE GROUP • ter ook CITY SUBMITTAL 03 17 2017 • • • ANDF • Flan vie i0 Rrv12 O R M • 105 South Fifth Mon. TN: 512.252-907D Sub 513 Fc 612-2524017 «AmsFpst NFZNSWf WNT; YO0crm.nx fILE 1.1415 C201NR6A01P DWG WOJECT NRGI5IDI ENLARGED SITE PLAN (EAST) C2.1 A FFE•9IBB —1 —_ 1 I 14/ I \. L FFE•9709 L N I'_. H L 11100 SEE y,..10ET C2'C FFE.9775 BUILDING I', 51,3S0 SF. FFE = 929.33 GFE = 918.00 a3 LJ_ f FFE.922ID ' O.f . /—i ,.,.,hays_„ 4110 NORTH Know whars Below. Call before you ag. 0 30 THE ._ODGE Intergenerational LIVINGAND HEALTH CARE IIMIEntanCE 6)D The Goodman Group REAL ESTATE CODEVELOPER NORTHLAND REAL ESTATE GROUP • er sL11i3l:CdIF3L14,1r. c•.r.l 'R� .ntk .•et�0� CITY SUBMITTAL 03172017 • • • • LANDFORM • f !S1.IL1 h • • 60470.4111is1 MONO M •azs-srtro SUR. 513 Fax 013-251-0017 40.N404 AW 55N11 Mix LRmlwmH•. PCP RUE GOINRG0010 DWG PROJECTRO NROI5001 ENLARGED SITE PLAN (WEST) C2.1 B r FFE.021.1 7 ) 8 E> 1• 7" ), / • " 12 r4/ / FFE •N23SD \ • • MA7C.,-1 LINE SHEET C2.:3 4 • -• 1150•11214 I . 1 , I • -------- NS I MI AM 0, — IMO ts, so • LONG LAKE RECREATIONAL DEVELOP EN T LAKE DNR 82- 0021 OH/T. = 8.91.5 100- YR 1. I WI. =890..12 OL1 i LOT C 40% 4 r Os, __J • 1 • 1 O ' 1 • • OP.14, :F[f 3 rvq. :kg P. 03,TETT. FL,. PC .6EP LIES .4 TIE „7,1161 1.( • E Av. 3111.1. 1,1 1HC nr..11/.1. 0•1 COT.Y.TrTTo TO TA • L.W.A1,1 1,4,3 nrilp1 A 1-11,,“ PAM,' SWE P.4.014 SKY, 18 , Dr/ • 111,4, NIS NORTH THE LODGE OWNER • OPERATOR Intergenerational LIVING AND HEAL. CARE 1:=DEUMM GD The Goodman Group REAL ESTATE CODEVELOPER NORTHLAND REAL ESTATE GROUP (agg • .0N 21 gE.SUE; REV[SiON !ASTOR =IIMEEIZEMMIERB CITY SUBMITTAL 03.172017 • • L • ANDFOR M • . Rom VON FinAll N. IDS South FINI Avow. Tok 012-252-0070 Sub 513 Fss 611-252.00T/ Ntenampas. kW 56401 Wag I05NI/01111.1161 FLE NAME C10rNRGOO.C.OWG FROJECTHO /41615001 ENLARGED SITE PLAN (SOUTH) C2.1C Know Nolan Below. Cali Wm you dig. P 30 60 ROPERTY DESCRIPTION © LANDFORM 2017 4-0 --- eN / _r A / I 1• 1 r \ < L I I I L.LJ - t I 1 le Y p�01 "W N89°27'14"W S82 4 .�► o 0 0 0 /-� - DRAINAGE 3X1 UTILITY EASEMENT N 273.q / / / / / / Drainage and Utility Easement Icri I I to be vacated II ll 175.0 rouge and Itility Easement a be vacated \� 11 /I / 3 / \ ri Drainage and Utiity Easement 147.76 N89°24'25" W 71ND / \ \ 1 / 1 L_ \ J `../ \ INI OUTLOT A r \ I / \ / \ I / FG I I II V. L _/ L - \ / \ / I \ • o N83°01,3515E /\ n I r 1 1 1 \ 1 1-- \ / I V L- es. L- R=6.00 L60.2 9_,203.00 6- q4\2 �43.q 65.0 / \ n I r I I I\ I 1-- \ / 1 V L - Y / 1 ` ;!l `ri Restricted Access 338.q 328.26 and Utdn y Easement r _ proage I Drainage and Utility Easement \-- WATERS EDGE (APPROX.) LONG LAKE RECREATIONAL DEVELOPMENT LAKE DNR 82-0021 OHWL = 891.5 100-YR HWL =895.42 OUTLOT C S89°24'42 "E 33 1. 08 / / / / / / / / 0 6.8-i \r)): 0 cD i 6 rT1 11 -T-1 66 �40 60 W 0T 0 (-72.2 ?R 805.98 r /) • --_-- 40-7.1 /606 __---WATERS EDGE (APPROX.) --WETLAND BOUNDARY AS DELINEATED BY KJOLHAUG ENVIRONMENTAL SERVICES COMPANY 04/ 15/2016 PRESERVE WETLAND 100-YR HWL =894.84 72ND ST, N N89°24'42"W 373.72 :XC:PT /I Go ON 182.32 JN ` ` ` I Ir.. F( /^, I1I1 I\I I-- \ I / \ / \ 1 / I I I I V\ L J L_ \ / \ / I \ 7 l I 7 / / / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 \A �.2 / /'I a t. 1- / • ®_0°13'01„ R-5609.58 ;L=21.24 WETLAND BOUNDARY AS DELINEATED BY KJOLHAUG ENVIRONMENTAL SERVICES COMPANY 04/15/2016 WATERS EDGE (APPROX.) NORTHLAND POND MANAGE 1 WETLAND DNR 82-305A 100-YR HWL=894.84 ;1_I /' ec r 1 N89°24'42"W S89°27' 14 "E 711.21 63,3 R=233.00 523.53 / 1/4.4 R=667.08 / / / / / F= • " ,, Fe / / / 1/ Is / I ^ n;\I\II 1 _, / / / / / / / / / / / / / / / / / / eS :: \1 F_Fel / /I-;F_1\1 1.1 l • I\ Fl 1 ,I I `X '1/1/ I I I `I I I f_ I I-_ I fy „ I , ,, I v \ v v ,/ ,/ L/ 1 11 I 1 1 J LOT BLOCK LAKE HILL ACRES, WASHNOTON COUNTY MINNESOTA. AND THAT PART OF- THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, AND THAT PART OF THE WEST HALF OF. THE SOUTHEAST QUARTER OF- THE NORTHEAST QUARTER, AND THE NORTH HALF OF THE SOUTHEAST QUARTER ALL IN SECTION 30, TOWNSHIP 30, COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 30; THENCE ON AN ASSUMED BEARING OF NORTH 88 DECREES 13 MINUTES 48 SECONDS WEST, ALONG THE NORTH LINE OF SAID NORTH HALF, q04.55 FEET; THENCE SOUTH 17 DEGREES 54 MINUTES 26 SECONDS WEST 1377.65 F-EET TO THE SOUTH LINE OF SAID NORTH HALF; THENCE SOUTH 88 DEGREES 10 MINUTES 45 SECONDS EAST ALONG THE SOUTH LINE OF- SAID NORTH HALF 504.44 FEET TO THE ACTUAL POINT OF- BEGINNING OF- THE PROPERTY TO BE DESCRIBED; THENCE NORTH 17 DEGREES 54 MINUTES 26 SECONDS EAST 1378.11 FEET TO A POINT ON THE NORTH LINE OF SAID NORTH HALF DISTANT 3c1cl.c18 FEET WEST F-ROM SAID EAST QUARTER CORNER; THENCE WESTERLY ALONG SAID NORTH LINE TO THE INTERSECTION WITH A LINE PARALLEL WITH THE WEST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER DISTANT 575.00 FEET WESTERLY AS MEASURED ALONG SAID NORTH LINE FROM THE SOUTHEAST CORNER OF SAID WEST HALF; THENCE NORTHERLY ALONG SAID PARALLEL LINE TO THE INTERSECTION WITH A LINE DISTANT 120.00 FEET SOUTHERLY AND PARALLEL TO THE CENTERLINE OF SAID COUNTY ROAD NO. 12; THENCE SOUTHWESTERLY ALONG SAID PARALLEL. LINE TO THE INTERSECTION WITH THE NORTH LINE OF SAID NORTH HALF; THENCE WESTERLY ALONG SAID NORTH LINE TO THE INTERSECTION WITH A LINE DISTANT 75.00 FEET SOUTHERLY AND PARALLEL WITH THE CENTERLINE OF COUNTY ROAD NO. 12; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE TO THE WEST LINE OF SAID NORTH HALF; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 326.58 FEET OF- SAID NORTH HALF; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE EAST LINE OF THE WEST 448.c10 FEET OF SAID NORTH HALF; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTH LINE OF SAID NORTH HALF; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPT THE FOLLOWING: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 30; THENCE ON AN ASSUMED BEARING OF NORTH 88 DEGREES 13 MINUTES 48 SECONDS WEST, ALONG THE NORTH LINE OF SAID NORTH HALF, 3cici.ci8 FEET TO THE POINT OF BEGINNING OF SAID PARCEL TO BE DESCRIBED; THENCE CONTINUE NORTH 88 DEGREES 13 MINUTES 48 SECONDS WEST, AL ONG SAID NORTH LINE, 12c1.05 F-EET; THENCE SOUTH 17 DEGREES 17 MINUTES 40 SECONDS WEST 1165.8cI FEET; THENCE SOUTH 8(31 DEGREES 24 MINUTES II SECONDS EAST 141.q5 FEET; THENCE NORTH 16 DEGREES 41 MINUTES 00 SECONDS EAST 1162.35 FEET TO THE POINT OF BEGINNING. THOSE TWO PARCELS OF LAND CONVEYED BY All JACKSON TO DONALD B. FULTON FLED FOR RECORD N THE REGISTER OF DEEDS OFNCE, WASHNGTON COUNTY, ON MARCH 4, P6c1, N BOOK 304 OF DEEDS, PAGE 284 AND ON JUNE 28, P72, N BOOK ZONING AND SETBACK SUMMARY SETBACKS HOUSE 25 FEET GARAGE (FRONT FACNG) 32 FEET GARAGE (SIDE FACNG) 20 FEET REAR: 85 FEET FROM OHWL SIDE ONTEROIR): HOUSE 10 FEET GARAGE 5 FEET HOUSE 25 FEET GARAGE 25 FEET TOP OF BLUFF: 40 FEET *NOTE: ALL STRUCTURES TO BE SETBACK 175 FEET FROM CENTER UNE OF CSAH PROPERTY AREA TOTAL PROPERTY AREA - 2,5Ic1,385 SQ. FT. = 57.837 AC. PROPOSED LOT SUMMARY LOT AREA TABLE LOT AREA TABLE Parcel LOT AREA (AC.) Parcel LOT AREA (AC.) 2 2 2.72 13 13 1.00 4 4 0.50 15 15 0.7q 5 5 0.45 16 16 0.61 8 8 0.34 20 OUTLOT C 2.04 EASEMENT LEGEND DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) BEING 10 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE SHOWN AND 10 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES UNLESS OTHERWISE INDICATED NORTH OWNER + OPERATOR Intergenerational LIVING AND HEALTH CARE DEVELOPER + MANAGER The Goodman Group REAL ESTATE CO -DEVELOPER NORTHL',ND REAL ESTATE GROUP MUNICIPALITY SHEET INDEX SHEET TITLE 00.1 TITLE SHEET CI.3 DEMOLITION CI.4 TREE PRESERVATION PLAN CI.4A ENLARGED TREE PRESERVATION PLAN (EAST) CI.4B ENLARGED TREE PRESERVATION PLAN (WEST) CI.4C ENLARGED TREE PRESERVATION PLAN (SOUTH) CI.5A TREE PRESERVATION SPREADSHEETS CI.5B TREE PRESERVATION SPREADSHEETS CI.5C TREE PRESERVATION SPREADSHEETS CI.5D TREE PRESERVATION SPREADSHEETS C2.I SITE PLAN C2.IA ENLARGED SITE PLAN (EAST) C2.IB ENLARGED SITE PLAN (WEST) C2.IC ENLARGED SITE PLAN (SOUTH) C3.I GRADING, DRAINAGE, PAVING, & EROSION CONTROL. PAVNG & EROSION CONTROL (EAST) C3JB ENLARGED GRADING, DRAINAGE, PAVING & EROSION CONTROL (WEST) C3.IC ENLARGED GRADING, DRAINAGE, PAVING & EROSION CONTROL (SOUTH) C4JA ENLARGED UTLITES (EAST) C4JB ENLARGED UTILITIES (WEST) C4.IC ENLARGED UTILITIES (SOUTH) C6.I "A" STREET PROFLE C7.I CIVIL CONSTRUCTION PETALS C7.2 CIVIL CONSTRUCTION PETALS L2.I LANDSCAPE PLAN L2.2 TREES AND SEEDNG PLAN L2.3 ENLARGED LANDSCAPE PLAN (EAST) L2.4 ENLARGED LANDSCAPE PLAN (WEST) L4.I IRRIGATION PLAN L7.I LANDSCAPE DETAILS A3.0 LOWER LEVEL PLAN A3.I FIRST FLOOR PLAN A3.2 SECOND FLOOR PLAN A3.3 THIRD FLOOR PLAN A5.0 EXTERIOR ELEVATIONS AND SECTION ELI SITE LIGHTING AND PHOTOMETRICS ISSUE / REVISION HISTORY CONTACT ENGINEER FOR ANY PRIOR HISTORY DATE ISSUE / REVISION REVIEW 17 MAR 2017 CITY SUBMITTAL PROJECT MANAGER REVIEW BY SES DATE 03.17.17 CERTIFICATION I hereby certify that this survey, plan, or re n er:IaLaredal, me orr is, under my direct supervision and that I iiiiii under the laws of the state of Minn\ 4 Er'c 5. Lill° IOS License No: 48176 0/ 00 Signature shown is a digital rep o r ginal. Wet signed copy of this plan on file at Landf or I ervices, LLC office and is available upon request It" IF THE SIGNATURE, SEAL OR FOUR LINES DIRECTLY ABOVE ARE NOT VISIBLE, THIS SHEET HAS BEEN REPRODUCED BEYOND INTENDED READABILITY AND IS NO LONGER A VALID DOCUMENT. PLEASE CONTACT THE ENGINEER TO REQUEST ADDITIONAL DOCUMENTS. 03.17.2017 From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 Tel: 612-252-9070 Fax: 612-252-9077 Web: landform.net FILE NAME PROJECT NO. NRG15001 PRELIMINARY PLAT C1.2 Know what's Below. Call before you dig. 0 80 160 Landform.and Site to Finish.are registered service marks of Landform Professional Services, LLC. THE LODGE AT STILLWATER •7 ti, cob aQ OQ 73339 '58„ I • co 72ND STREET N. 373.72 N89°24'42 )l ,\ 1 I r- A A I r— l i I I I I //_\ I\ I 1-- \ / \ / \ / 1 it \ / SO0°14'10"E - \\\ EXCEPTION A 40.24 182.32 I--- N88° 18'48'E 1 1 / \ A 1 /, 1 1 11\11 , L— \ / 1 '1 \ 523.53 N89°24'4 1 n 1 / r— I /_\ K 1- - L _ / \ 1 \ L _ r\ / 1 1 1 A/ F< I I I I I \01 I-- L v V L L L 1 OUTLOT B %Y i 4-- \/ \ I n 1 1 L— L— V 1 0 711.21 S89°27'14"E I 1 1- c c co co / / S89°21'52"W 141.95 / / / LU co o R=233.00 cc j N '656.38 N89°24'42"W A- 3 2947" 4R*4932 N 114.40 / / / / / / / / / / i / / 60 / // L/ 1\I 1 `1 1 k1 e h_ I-_ 60 < 'I / / / / L. \ / L I L1J / \ L_J /—\ L_J / / / / / / 0 10 VICINITY MAP Not to Scale Sec. 30, T. 30, R.20 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) I---- 5 5-H 0 BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE SHOWN AND 10 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES UNLESS OTHERWISE INDICATED • DENOTES 1/2 INCH IRON PIPE MONUMENT FOUND. O DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND MARKED BY LICENSE NO. 48176. NO MONUMENT SYMBOLS SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET, AND WHICH SHALL BE IN PLACE WITHIN ONE YEAR OF THE RECORDING DATE OF THE PLAT. MONUMENTS SHALL BE 1 /2 INCH BY 14 INCH IRON PIPE MARKED BY LICENSE NUMBER 48176. BEARINGS SHOWN ARE BASED UPON AN ASSUMED DATUM. NORTH 1 INCH = 100 FEET 0 100 200 SCALE IN FEET • • • • From Site to Finish FORM / L 1 _ SHEET 2 OF 4 SHEETS THE LODGE AT STILLWATER ' ' 1 r�, . 0 h Ln Ln • • , \11`; 273.86 S82° 40� 249 r 1 / / \ 1 / -G 1 I I I V. L -/ L _ \ / \ / I \ rri z 2 0 Z N f/) M I 0 I) n I / r- ��„A,�- R=180.00 30 30 A=1 °29'21 " 4.68 Oo/ A=7°34'35" Ng, Off` q�F' 27.77 <;\ �V � .4)/51' 176.83 N89°46'52"E ;/ / / / / / / / 1 328.26 N89°27' 1 4'W A A A (J1 I r - V- I - L - V OUTLOT A A 2 125.00 S89°46'52"W 109.85 S89°26' 19"W 0 99.19 N89°57'06"W / 6.45 -- c 40* N 278 ---------------------- ----------------=- MATCH LINE B -- --------------------------- (See Sheet 4 of 4 Sheets)------------------ S4 5e \68\,15F t) 3 r ' ' ` L- 33g.86 S 98.65 s ,57 7 N r 1 I \ i L- L - rT I 1 66 805 98 S82° 40 60 .04 30 I 30 • 6°.°;8/14-----1,,,..--- "- - Drainage and d / Utility Easement N 1 / 00 a / IN / o / / ii' �� / / N65°31'22"W .., <ri3C1/ ---- --/ - — —7-- - A=17°47'31" / ,O O,/ �/ 22.36 D/� �\0� / / SAS° 6' o• / 70,`9 �00/ / <9/ , j • / /,, /����� N,2°2 /// ��iD�� �6p5�2,4 ,w /`L/ 4) /ON /`L -° 407_O9 ------- 0 R_5609.58 p-0°13 01 21.24 6- 1 • 161.57 S89°36'29"E 2 / / / / DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) Li- BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE SHOWN AND 10 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES UNLESS OTHERWISE INDICATED / 79 F / / rr 0 • • • • • N00°05'06"W 92.65 / NORTH 1 INCH = 50 FEET 0 50 100 SCALE IN FEET DENOTES RIGHT OF ACCESS DEDICATED TO WASHNGTON COUNTY. • DENOTES 1/2 INCH IRON PIPE MONUMENT FOUND. O DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND MARKED BY LICENSE NO. 48176. NO MONUMENT SYMBOLS SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET, AND WHICH SHALL BE IN PLACE WITHIN ONE YEAR OF THE RECORDING DATE OF THE PLAT. MONUMENTS SHALL BE 1/2 INCH BY 14 INCH IRON PIPE MARKED BY LICENSE NUMBER 48176. BEARINGS SHOWN ARE BASED UPON AN ASSUMED DATUM. • • • • LANDFORM From Site to Finish • • SHEET 3 OF 4 SHEETS THE LODGE AT STILLWATER r 7 / \ ,. 1 r \ / / I \ I I I L _ I Vt../ 1 176_83 i N89°46'52"E OUTLOT D 0 o N Drainage and 1 / Utility Easement -\ �' \ \ \ \ 0). \ / \ Coco/ \ 0 cbo)/ 199.62 S89°43'46" W 5��•00 / 125.00 S89°46'52"W l9° 9\0 -9 �2 ----------------- MATCH LINE (See Sheet 2 of 4 3zcp o_ 99.19 N89°57'06"W Cam, OUTLOT E LJ CD oo 7 \3� II II I ♦ 1 1/\ I 1/. , I I I \I 147.76 N89°24'25"W 18.20 S83°01'35"W 7 S 103�0 � °C9 /• 0 / Q2'7 // 0=31 °13'15" 31.06 \ / \ 65.02 0 0 • 1 65.02 r) �4� I s2 101.32 S89°57'06"E o! o Sd'° G 1 /N 0 �,,,2. 6 6 —� N8157.00°50'07 E 133.25 NO°02'54"E 88.10 / R= u) N (15 0 0 B_ ------------------- -- Sheets) --- I / \2�7.1 \4 s0 °F -__= Drainage and / /' 99.63 N90°00'00"E 6 156.17 N89°53'26"E oo I) Lp=16°58'43" 60.16 J _ r- 104.33 in N R=17o.00 i n 72ND ST. 58.76 _ _ 104.33 -- 0=19°48'11" 1 S87°26'14"E oR Iii'7) ,57,56 24 04'15" I D I 0 0 104.33 OUTLOT Utility Easement F ri 3 Drainage and Utility Easement N. U Water Elev. on 1 1 /1 6/2015 = 890.5 (N.A.V.D. 88) / co 00 \ 24.63 SO°06'34"E - 4, 0 0'" 1 161.57 S89°36'29"E \� \ \ > 176.64 04 5 6s° oO� \ /b./ 331.08 S89°24'42"E 4 53 23 "E / /<0 /N / co co N oo O 394.22 SO°45'47"W / / / / 373.72 N89°24'42"W \SO° 7410„E EXCEPTION 33.00 /• / \ I 1 r `, ^,. I I I I I-i FC /\ I4-- \/ ♦ l \ A 1 , r - I /_\ K 1- - 0 u1 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) L_ i _ 10-1 �-10 BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES, UNLESS OTHERWISE SHOWN AND 10 FEET IN WIDTH AND ADJOINING RIGHT OF WAY LINES UNLESS OTHERWISE INDICATED • DENOTES 1/2 INCH IRON PIPE MONUMENT FOUND. O DENOTES 1/2 INCH BY 14 INCH IRON PIPE MONUMENT SET AND MARKED BY LICENSE NO. 48176. NO MONUMENT SYMBOLS SHOWN AT ANY STATUTE REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT WILL BE SET, AND WHICH SHALL BE IN PLACE WITHIN ONE YEAR OF THE RECORDING DATE OF THE PLAT. MONUMENTS SHALL BE 1/2 INCH BY 14 INCH IRON PIPE MARKED BY LICENSE NUMBER 48176. BEARINGS SHOWN ARE BASED UPON AN ASSUMED DATUM. NORTH 1 INCH = 50 FEET 50 100 SCALE IN FEET • • • • LANDFORM • • From Site to Finish • • SHEET 4 OF 4 SHEETS . - - _ - 11' CUT!. OT • 8 ..1 2 „ ERO 6 VE I ID • N. thiE 1. ,11,1 7,5 FF‘Ft,N/F tF,Cr.Nt Glit, F.Nt. r7t/rtt totttLY ,FNCE tte. R.Zit 1,111 k.,,,t.F1 4'. t, Gt1 AF, NF' ro co.; GE,A, FE? L.rE ft tri.t,,FAL NFECT,.-Art,t, No/Q. tti.t7-CEFT'FF t t, THE LODGE EIMER • OPERATOR Intergenerational LIVING AND NE4LTN CARE :1M3EMMTIMM The Goodman Group REAL ESTATE CODEVELOPER NORTHLAND REAL ESTATE GROUP IMZEISE13 ' .1311=111111, , ttaNIV 11,1`..11 tASN1 it on,r, ttt/tf, , ,9-11-2,5! Nrrti 3, CI Att., tt) 40.1, ,340, NN4t1:305: NCLIPtift F1 5r5., 15,5 t111C.NE0 rt, 4r. f.ttytt. 55r pr FtW. Of 2,F.Flt it NFL AFF,L6ATE OA, ,mair ,oe. C10, 51 ,t1-ti.ft:t ',NONA Pl5e, • 1454,, IV J'AFF rtttl t ANL, Ntt, Fit, I ',FE, A 1,8,11 toll, RC,N1 A.r.. I' NA. kea,r1,,, L wilt! Qv t.E.F tttNt-t1 Frt I.: ttlttt 1,1110.. ,11.1 ,J0 Know what's Below. Call beim you dig. 0 80 160 NORTH ,1 Ibt77•11--rre•rr 12EMEINIEMI=NEMI C ITV SUBMITTAL 03 17 2017 • • L. A NOFORM • • • 105 Scolb FM A... Tel 612-252-9070 Vuta 112 F ax, 612 252-9077 Mineapabs. 14155401 Web: bendkern.nel FiLE MAE CIWPIrobeLIMG PROJECT NO blgibleh GRADING, DRAINAGE, PAVING, 8. EROSION CONTROL C3.1 30EN11 - R OU01 5 COAL 2134 TI- 2 STET zABBE —' PIAH 1 ntirw} r TY� / T \ • - 04.10, QEP1 1OJJ113C 4 PO fn. oval • 21 AB . ..1 ... T;i Ir (.1L11 2 BEM,"' >°UR° 7EILT1 9 po CI; •l,CJ11131. 7MTR-,; .5 9,65I 7 D[M 1 PIDE,I . ', '1 04I1415 A " 70LI20 3 { 1 9G1 1 9 PIbF 2PIAIA -;I II BEM.);kl" 28ENI \y - 4PDTR- iy`601.1RU I [IL 1.11411E-Y�e 3BEM AI.4F 41j A Nab Ir. ICC41 4103J 43 AOIRA. 2 TIN* 3 A1B15A 4 P+EiL A90A - 3 P19T `0 RIDE 1 PIST .2-CEE,IC . 1 YR.1d A[xr T OUBI 55YW COAL — 1UAX � I'Aaq RN and ElaccrT N . 11 1 CONTACT UTILITY SERVICE P,O0DESFOR WELD LOCATION OF SERVICES 12 NDURS PRIOR TO 000302NG 2 C00ROINATE!NSrALUTIUN WITH CONTRACTORS PERFOIM14D RELATED WORK 3 PLANT MATERRL SHALL CONFORM TO THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND BE OF. NARUY STOCK FREE FROM DISEASE,;NF1STAT!0N DAMAGE, AND DISFIGURATION FOR DISCREPANCY BETWEEN THE NUMBER OF PLANTS ON THE SCHEDULE AND TINE NUMBER SHOWNON REDRAWING THE DRAWING SHALL GOVERN 4 AL PERENNIAL BED AREAS ME TO RECEIVE IB.INCH AIINIMUA DEPTH OFRAMT. SOIL PRIOR TO PLANTING LANDSCAPE CONTRACTOR IS TO LOOROMATEWIiII GENERA CONTRAC10R TO ENEEE THAT DESIGN GRADES ARE MET AS SPECIFIED ON GR02940 PLAN 5 PUNTING SUL SHALL CONSIST OF 4 PARTS TOPSOIL TO PART PEAT HUM4UH3 KKWORO COALLIERCML FERTILIZER ADDED PER C11B.G VI... SEE DETAILS FOR DEPTH OF R3RWG S)!L B PUCE PUNTS ACCORDING TO UY0IN WITH PROPER NOMMA SPACING 1 INSTALL TWO TO THREE ELT' INCH DEPTH SHREDDED HARDWOOD MUCH IN PERENNIAL BED MBAS. M0 IN BEDS WTH A ME OF SHRUBS AND PERENNIALS UNLESS NOTED01)ERWEE e INSTAL 111EE TO FOUR(I'4') INCH DEPTH SHREDDED WAO'400D MULCH WSM4BBE0ME*S 9 INSTAL A FOUR 191 FOOT DIAMETER SHREDDED HARDWOOD MULCH DISH AROUND TREES NOTRACFD WITHIN A SHRUB OR PERENNAL PLANTING BED MUCH SHALL BE FOUR(410EP1N 0 ALL RANTING BEDSSHALL BE EDGEDW11H 51%I6.I INCH BUCK VINYL EDGING (EXCEPT ALONG CURBING AND CONCRETE WALKS BLACK D!AL10N) OR AR.CNED EQUAL. 11 ALL EXISTING 0ECIAIDUSCOIBEROUS TREES ARE TO BE TRIMMED OF DEAD WOW AND ;RAW TO NATURAL UNIFORM SHAPE 12 SPECIES AND 0UM1111ES CALL ED 011T ON THG PUN ARE FOR THIS SHEET ONLY SEE SHEET L2 I FOR OVERALL PROJECT SPECIES AND OUMTIIIES 13 FOR DISCREPANCY BETWEEN THE NUMBER 0FPANTS ON THE SCHEDULE AND TIE NLNBER SHOWNOH THE DRAWING, THE DRAWING SHALL GOVERN QUANTITIES LISTED IN SCHEDULE ARE FOR REFERENCE ONLY CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING QUANTITIES ON FLAN PRIOR TO BID AND INSTALLATION I1 ALL DISTURBED AND NEW.Y PLANTED AHEM WELL BE IRRIGATED WITH AN UAB*CROUNO INRGLTION SYSTEM THE SYSTEM WELL BE DESIGNED BY THE IRRIGATION CONTRACTOR 111E NEGATION CONTRACTOR IS TO SUBMIT SHOP DRAWINGS OF IGEGATg0' DESIGN AND CALCUAT.'OS FOR REVEW B/ LANDSCAPE ARCHITECT PRP/1TO INSTAUTI0N IRRIGATION COATING TONS TO MEETALE1MI&NG CODES AND REQUIREMENTS PARKING ISLANDS WI MOUT SHRUBS NEED NOT BE IRRCAIED SEE SHEET L41 FOR DESIGN INTENT 15 NATIVE SEEDS SHALL BEOFMIAMESOTA(OR AS SPECIFIED) ORIGIN ANDCERTIEFD EN THE MMNESOTA CROP IMPROVEMENT 15SOLIATION (MCIA. PROVIDE VERIFYING DOCUMENTATION TO THE OTTER b DAYS MLNGIUM PRIOR TO INSTAUTDN 19 FOLLOWAY100T SEEDING MANUAL FOR PLANTINGINSTNUCTi4HS FOR ESTMLISNENTO NATIVE SEED AD PROVIDE COORDINATION FOR REWIRED EROSNNT PREVENTION AND SEOMEM CONTROL BECTON 31E22 OF THE STILLWATER ZONING CODE REQUIRES THAT,. SOMFICANT TREES REMOVED ABOVE THE MAGMA 15%REL.. LNG FOR PRIVATE LOT DEVELOPMENT WSi BE. REPLACED ON A DNETOONE 61SH 1ETNR0SMIRT• VTAMPI Tl£IIEiBI.6E5 ME Y AMMETER FOR DEG000S TIEESIBUR INN •DTOI CAS 010461111.00. AKyUJINAYp5TAL TREES MAY BE 125') AND AN AVERAGE DF B Ic214rFCNT:EXAE0G1i [Rf:E1 TOTAL SGNIF!GANT TREES CM WTE=2,11I119EE5 N\.02.9EE BOWVA= 1m 1A11:NA5r41711EMp4.111: IpL14654,9051 68% PROPOSED TO REMOVE = 1105 130 REPACEIIENT TREES NEEDED =bl P OPoSEG TREES W LAASC/lPF PUN +311 REFER TO SHEETS C11 C1.4A C11B AND CI IC FOR EXISTING TREELOG1115 FEFFA TO SHEETS CI SA CI54 CI 5C AND C150 FOR EXISTING TREE SPECESAND 52FS 17 1LTRATION BASIN SEED YM ISR MU 23 2610R APPROVED MLA) 1:9 MESCSEEDMX L%Jl (51WSR110 BS241 OR ANNOYED ELIUA) OLEMNOLIS TREES 011, AKYAAe•lr 4LATAB5sk 4969BNL5419I10.94 RE nENIV 1141144IVHMIT4PAP5s BEPLIEE11Arn2*IN1105 TAAWM TM* 620S'M40c1 5•w W15 LLF11 OUB1 12 out.. BICOLOR I SWORAMP.11TYK I mA•rE W. ASPEN QUO OUERCUS BOAIROORIAN PRIME STATURE.), TWOH G'HM"?set(MTVll{Nl it ODL4KMYY UXu 4 1NMUP Mesta RACCOAx uvuer.E996 TREES OTY BOTANICAL NINE 'COMM NAUE M4RBA FAY•RISN2 401421NANIETIMI•rtf•AVM PCFA...1014 xl0Ax RF31130 n %IL4.AIx..Y.WowierneeRUA IWKL IS BILLS LS SPRUCE 16T H MEBTNON4 a 541515E S 12 B 111 UAL B. EI E R,IOT M/ SIN Awl A Sry AAN XUwAO H4 AUTUMN na KE 4'AMI1x lw¢uwx- SL.RVIC:NE FAN Cam. YxKauY i1 1W324 4YN01 o 55fl0451Fr1F4R1.1.41 WOW* •. A0WRP STINE, ore �F 5 ROW NIAL SZE I:LAB RAox10II I 11 MUMMUMI [PAWN IIACINENRv •a• 6v1 3 UNKDOENDB, wEETOW.NMY I PNGETON SExnOGrNK113 •N• 111 romg.r.riwosvorrem tooteuidter61•61LOPIMMLD01.11 •AR BNB R gETAORIL ILM1E P4• H1Md.!Mtn 111 TEA NYn 811. Know Whae• Below. NORTH CaII b.Iora you ay. n 80 160 THE LODGE sT _1 1:=(21 11.rz Intergenerational MiNG AND HEALTH CA. The Goodman Group REAL ESTATE CODEVELOPER NORTHLAND REAL ESTATE GROUP MEIBIBEIMEEIREIMMI MECESEIMMEEMIIM manomomme F� �y,�l03{/[0QY iP����V' - CITY SUBMITTAL 03.,172017 • • LAND Arn Site to FI1I1 FORM • • 4 105SpMRAW AYs11M TN: B12352-9070 SUB513 FeO: 012-25240RT Aba*0o MN!W01 Web: 4111011x1Ry FILE NAE 1202NMGI0I DWG PROJECT NO TREES SEEDING PLAN L2.2 UNIT TABULATION THE LODGE LOWER 15T 2ND 3RD TOTAL LEVEL FLOOR FLOOD FLOOR UNITS TOTAL INDEPENDENT LIVFNG 0 16 20 23 5S UNIT TABULATION SANDHILL SHORES 15T 2ND 3RD TOTAL FLOOR FLOOR FLOOR UNITS TOTAL ONE BEDROOM 3 16 LEGEND THE LODGE AT STILLWATER TOTAL ASSISTED LIVING 0 5 15 12 32 TOTAL MEMORY CARE 16 16 O 0 32 TOTAL CARE SUITES 0 0 0 16 UNIT TOTAL 16 31 51 35 13e LOWER LEVEL G.S.F. 34,3S0 FIRST FLOOR G.S.F. 50,150 SECOND FLOOR C.S.F. 45,500 T1IRD FLOOR C.S.F. 37,650 TOTAL C.S.F. 111,250 DELIVERIES MEMORY CARE 16 UNITS LOWER LEVEL PLAN PARKING GARAGE SO STALLS TOTAL ONE BEDROOM LU/ DEN 5 14 11 36 TOTAL TWO BEDROOM 1 2 11 TOTAL TWO BEDROOM W/ DEN 3 4 0 1 UNFT INDEPENDENT LFVINC TOTAL 15 20 20 10 LOWER LEVEL G.S.F. 32,115 FIRST FLOOR 31,500 SECOND FLOOR C.S.F. 30,045 THIRD FLOOR Q.S.F. 25,515 TOTAL G,SF, 122,115 UNITS SUPPORT SPACES COMMON AREA CIRCULATION SANDHILL SHORES 0 10' 30' &01 TROSSEN E1V WRIGHT PLUTOWSKI OWSKI ARCHITECTS, PA OWNER + OPERATOR Intergenerational LIVING AND HEALTH CARE DEVELOPER+MANAGER G•� The Goodman Group REAL ESTATE CO -DEVELOPER NORTHL ND REAL ESTATE GROUP TROSSEN WRIGHT PLUTOWSKI Rci,nTECIS, P 4125 Lakeland Ave. N. Suite 200 Minneapolis. MN 55422 Phone: 763-533-7171 Fax: 763-533-7979 CITY SUBMITTAL 03.17.2017 • • • LANDFORM • From Site to Fin sh 105 South Fifth Avenue Suite 613 Minneapolis, MN 55401 • • Tel: 612-252-9070 Fax: 612.252-9077 Web: landform.net FILE NAME C0011 NRG001.DWG PROJECT NO. NRG15001 LOWER LEVEL PLAN A3.0 Landldm'a d Siva §a Fare r **lead sense marts 04 Landferna Pre"essanal Sowaea. LLC. LEGEND THE LODGE AT STILLWATER COTTAG E FOUR UNITS MEMORY CARE 16 UNITS 11 rr COTTAGE THREE UNITS ASSISTED LIVING 5 UNITS FIRST FLOOR PLAN COTTAGE TWO UNITS MAIN ENTRY r I 1 1 I 1 imatorr I 1 11 1r 11 frl 1 1 1 1 1 1 °° °r j 11 11 11 1 r 11 11 11 11 --. ---_—_J I, — J L J L -r 1r it 1r n v 11 11 11 11 11 11 II 11 II 11 11 li II 11 11 ..1 1 1 1 1 11 11 I I 1 1 1 1 I I I I 1 1 1 1 I I I I 1 1 It II 11 1 �r.rc3lo-trs L JL I I _ J r .it "`--ir 1 1 II 11 1 I C r l*,;N o I 1 F. l Y 1 11 11 1 L IL —IL J J r 1r 1r 9r 1. I I 1 Al II 11 II ° A A I I 1 1 I I ° \11 I 11 \\ , __JL I _ J1 r FirEece Lc ee.4 RMI QECEPTION !'f !r r 11 11 11 11 11 11 11 11 11 11 11 11 11 TOWN CENTER THE LODGE ENTRY TYPICAL TYPICAL UNIT TYPICAL UNIT PATIO GARAGE CENTER END UNITS SUPPORT SPACES COMMON AREA CIRCULATION MAIN ENTRY INDEPENDENT LIVING 16 UNITS COMMON AREA SANDHILL SHORES INDEPENDENT LIVING 18 UNITS 0 10' 01 e.01 TROSSEN WRIGHT PLUJTOWSKI ARCIIMECTS, PA OWNER + OPERATOR Intergenerational LIVING AND HEALTH CARE DEVELOPER MANAGER The Goodman Group REAL ESTATE CO -DEVELOPER NORTHL ND REAL ESTATE GROUP TROSSEN WRIGHT PLOTOVVSKI ARCHITECTS, P,. 4125 Lakeland Ave. N. Suite 200 Minneapolis. MN 55422 Phone: 763-533-7171 Fax: 763-533-7979 CITY SUBMITTAL 03.17.2017 • From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 FORM Tel: 612-252-9070 Fax: 612-252-9077 Web: Iandform.net FILE NAME COO1 NRGO01.DWG PROJECT NO. NRG15001 FIRST FLOOR PLAN A3.1 Landow' andSr;etoRieflereregisteredw c ;Tees erLend1c Pre"meretSwore-LLC. LEGEND THE LODGE AT STILLWATER CARE SUITES 16 UNITS ASSISTED LIVING 15 UNITS SPA AND LOUNGE SECOND FLOOR PLAN UNITS SUPPORT SPACES COMMON AREA CIRCULATION INDEPENDENT LIVING 26 UNITS INDEPENDENT LIVING 20 UNITS SANDHILL SHORES 0 10' 30' e.01 TROSSEN WRIGHT PLUJTOWSKI ARCIFTECTS, PA OWNER + OPERATOR Intergenerational LIVING AND HEALTH CARE DEVELOPER MANAGER The Goodman Group REAL ESTATE CO -DEVELOPER NORTHL ND REAL ESTATE GROUP TROSSEN WRIGHT PLOTOVVSKI ARCHITECTS, P,. 4125 Lakeland Ave. N. Suite 200 Minneapolis. MN 55422 Phone: 763-533-7171 Fax: 763-533-7979 CITY SUBMITTAL 03.17.2017 . From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 FORM Tel: 612-252-9070 Fax: 612-252-9077 Web: Iandform.net FILE NAME COO1 NRGO01.DWG PROJECT NO NRG15001 SECOND FLOOR PLAN A3.2 Landfmmhod Sde to Riefler(' registered wen marts 04 Lendferrn Pre"merer Serooea. LLC. LEGEND THE LODGE AT STILLWATER ASSISTED LIVING 12 UNITS LAT ROOF OR ! `PM ENT THIRD FLOOR PLAN NDEPENDENT LIVING 23 UNITS THE LODGE UNITS SUPPORT SPACES COMMON AREA CIRCULATION INDEPEDENT LIVING 26 UNITS SANDHILL SHORES 0 10' 30' e.01 TROSSEN WRIGHT PLUJTOWSKI ARCIIMECTS, PA OWNER + OPERATOR Intergenerational LIVING AND HEALTH CARE DEVELOPER MANAGER The Goodman Group REAL ESTATE CO -DEVELOPER NORTHL ND REAL ESTATE GROUP TROSSEN WRIGHT PLOTOVVSKI ARCHITECTS, P,. 4125 Lakeland Ave. N. Suite 200 Minneapolis. MN 55422 Phone: 763-533-7171 Fax: 763-533-7979 CITY- SUBMITTAL 03.17.2017 .. • FORM From Site to Finish 105 South Fifth Avenue Tel: 612-252-9070 Suite 513 Fax: 612-252-9077 Minneapolis, MN 55401 Web: Iandform.net FILE NAME COO1 NRGO01.DWG PROJECT NO NRG15001 THIRD FLOOR PLAN A3.3 Landfmmhod Sde to Riefler(' registered wen marts 04 Lendferrn Pre"merer Serooea. LLC. THE LODGE AT STILLWATER ASPHALT SHINGLES CULTURED STONE HORIZONTAL LAP SIDING VERTICAL PANEL SIDING r q a 124-11' 5TW7 Ill 11-1T r'iOPPEP ROILED UNIT 20• OPEN 1LCb WOO TF1155E5 !ti UNIT OQR NTH ala a UNIT GOORFDOI2 czliNcs COORFDO PAWING GAGE ? CATWALK A6ovE INELLATIC J 8 I CHED UNIT JNIT r PWCAST 451014ALT 5INCILED IROOF lfr'�4-I" eTurl 1 ICy IT 1254-k' 5TU1: HEIGHT $ PRECAST FLAW WiTN 1' CfrPCRETE TOPPING. ry KAI 11.1e-2 3f5 OvERIu aNn - ,47 YNYI_ WIC 11.11T-, If2' PERIMETER BRAIN TO SHIPS. to O. LODGE (SANDHILL SIMILAR) BUILDING SECTION Il[II11IIUIiUIet1 1111111I I0 l 11 111111 di1111 ,rilililiiic JL•J2. . 11111. 1eI11I11u11I1111 u1111l.1111I&111111141ilrielaJlelrtki111u1III1111Mi[Ilillilrll� 1111111111 iii1ill miiiIlitiIll11IlIlialIlIP 1I111lt112Illrlllllll1u11111i1rtlI1 111111111111111111111111111 iiIfirl,1111=iil•ii illllt1111iir1111111111y1[Ii1 111t11k11111I�f�rll;flllrldlFllrlkllli111[I�111111t lii q I II111 ilviiUII91111 iIl1Il 11111f 111 1I111'1111,lllli11111�1111l11 111/1111 Will � 1111111111111C11t1111E11i1111'1I11Id11ani1l1IIrt1III11Fi1111111Ul �' 'al Fi I Ill INr;IlI 11IIirii I lai IIII11.111UI11 illrl I 1' IIUW11'IIIIt'IllllrlII 11 II 11:11111111111€It11111111 iI1 ru ■11 a 1i1I111111111Il1n.1_iI111Ji1 �Illuia�ii iii •i■ta■ i11I ui iiit111i111111p l . _ II. �. liiii■ia'iu ;Ia a1 ■ram I!#IIIL111 1411I1IIIIIIl1111111ri?111111111k11il�lil ilr! n 11! 1 1111I111111111I1i1Ilil1fll� �1111I11111111111 11I1 11l Ip 111111111i11Ii 111mii111111111r1011110 i 10E11 'IIII! i111i11tr11d11i1 1F .: l I.Ii111u11Iuinii.il11lilifllitlu:uiilifIIlItll III III1e111UIII 111111L 11�1IiI 11111111I1111111iI!'11;111�1IIrIllial I1Iull113 tl. 1 11 IIIieI111IIF IliuIli11111111 `IUiflll i Iiliil1111111l11111iI11R111111I 1111111 i !1_ 11 t i I 1 I ! 1 1 111 111 ■ fl _ l I I ...I ... •. _._. �_ 11 -. _ Iaaua■Iraaa■�aa�Ilararlra i■ari 1 11111001111111111111110,1111011111111111ii111i 111r1111 111101111 11 111Inn I111L III brn-._f�ltlrl�lr o� F I� !I!li ■ 1 ■ ■ i ,:' ■�■I■�■I■ i 11 el 1i i 11 is j ■I+.■ t Iti 1' 11 1l. ■�i■�■�Ir 1 � .� .1e 11 � , - II 1F ,�_ = i l■ 4Y M ■ inn■:■Ire■■� ■1'=�_a�■■■. 1 _.-.s a; _�� ■■- ■ ■ ■ ■ ■I. ■ ■ ■ ■ilt 3tl;.iTi ' +:� _J■ ■� ■ ■ �"ax. Via.:-a�>�usa�+T••} 9rg�++i+7� y ■ •1s1■.es COTTAGES ELEVATION 13mir I11I is 1111 �lIirirl11T1�Ifpu1p1111�i1�1�l11 J1I I#Ifl� 111111111111 iiil L o 1iIIIFIi1111111.1rI�111111p11 iltll 1• 11 II11I11Jt1111tt I1111.eg11111111111t111lttir_ 111 11111 1lII 1111t11111 1 L#t 1 t r: tl � I tl I l f t. t ill/Ill! I 1 I111°Il11 1l 111� 11 I TI i1 I 1 dill 1 i i1111111111111111111II1111111 tt 11111I I I I1`1�i 1111 I P` ; .''1111:1IU I i1111uiiIti111iililui.i1�11li.i- ; i11[111111111111l1111111;11pi P 11r.r=.i.�r.•iai i.• 111•iIIlIIIr .1 1 . rI1I uIlt it I `I I IIIl i 1 110111111111l l i11ii1111111111li1I1111111il i11111rlii II tl11i11rillr#1111 IA 111 IUPI illli`111111lili 1111111u11U111 111t';Ipulitill IIII11i,iiii1■1 11 1 rl Ililf1'113: M III IiiF11i:iit1111111'I ii. il' 11 1ni.11ri111mui inpL '` 111ll�lili111IlIil�flil)Alllil- 1111�1�1111i11iI11Y1fa11111�1I1p- i.r■■l.l. rrir aaaraa■airaawlira.aR- TOP OF ROOF AL 123'-9" TRUSS BEARING 109`--i " ■Ial11l s ■isI■Itir ; ■■■ ■ 1i�°> ` I�1 mom a t■.il �11:1iy 111 111 ;I I 4 I 1111 111 111 I1 1iw - 11�11111 7 3 1111 NNE PnP 11111 ew acid 6- 4 - r �•L11L 111 ar. rr., .ir ,r. rrr .I■ LODGE ENTRY ELEVATION 1II1I Ii1 .n J��ae11i11�i I i F I1111 MIS u Ile■11.�..... 1I1111 u11 ili,IJ' 11 IuuI 1Ii111111u 15rIII11ii111111°IU11 1�I `rgilr1111 Inrrl�lhlllll1111r1111I11111111i1117u1i1J1�1�1,ptf11`111111I1 twr i1111111`i 11111%1111iri>I1111� f11I1111�112111 11 Pl uulllull I 11111411 i1i111i �1ii uiiii 11111 111t111i1Il1ilillhii11111111I11Ii1rl rr..:rl.aadrd..r 1au.I11I�I'1f 1 dill 1111114 111 11kii11111111 i11liIll h1111. 111111I111k11ii1[isrla+I IIlUtlnlianulni.IrlllilUiII 11111111111111I1I111III111111111III 11111 �`;gr 111 1u iI ; u 1 1 11fi1[InIIIl1111111�,I raal■u■,r r1r,•:Iiu rt'Y1■Ifkilt 11I11fi1111Illu riul aiiulr11,#Ighf111111t�1ii1l1�11�i11iii 11 111111111lillll11iu11hhll iintlini111111 11 i ud Irrlfluilill0i1111111ii11111t111 1i 111I1111i111 r1111111 iiii11111 l miming itil /'a 11 II II11i 1111H�I111 main �n , I II "�,� 1m V` mom, IIIIIIIIII IIIIIIIIIII wool ��, ui 1n; nui In 1111 II 1 T t. ] , Irarlla11111111t1II1 $ I 11 ° � m 1I.1 .ui�mU iu��i upuiuui �puui ui � 1111.11 iii i I 100' LODGE END CAP (SANDHILL SIMILAR) ELEVATION -1101116 i1k�It1111t11R1I111F1111nouriil11r11111[lIilk nlq[Llir t aillteliltdlllat'�I11pIIr111 i iv[In iilil 111 E 111�11� 1 1 11 :911111111111111111111l11u r1u I 1 l ii 1 1 1 ii 111 1 1111i1'111i. 11. - 'I111UI111U11 111iliii1111101111inaing11ollilillhl - Nzli111r1111111II1ri11 IIII,1U11II 111Ui111 1u1U11. 1101iiulug'.3 ..411111r 1pi1111111u111 hill Iiii i 11 1 .I r t1 ,f �� A I ; R I Il•1f1 1i1i1 11 1111i ` +I■rrira11Is11111"siiiljieurliird,1111rliiii�i>1ii71i�11i�+ ialrpiir'.' -•�arislrlllllllluiifiiiR�itEllilillrClHlvl ill li�lf'--:•' 11ii111111■1111111[IIf111111it I 1 1 1 r 11I '" li 1111i 111 1111 11111111111111111IIllIhlr e. *. ■�I�.0111111�ypt111 - 11111r11111111r111Ii11111irliDlirir I1 1' girl et • .. `illlau illIIIIIII 1111rt' i 71 .- - 111i111111=ill 1 III 11r I11' -111.111I� l� 1 1_.� `i,,u. 1 7 . -;,, ..I HRINlrtllaih1 1uI111111�1, =a,17.a1llr,ru171M111M1X1a11ctlr Italrns•- 11 1 111 II11, fllllalllllll V�llllllll �Illill�ll lL1+I ttr�:ll111u1piI�i111lfllirlll r11111I1IIIIilIlI1I1Q■111rII111 UIhIiIt1111111Th!'"'"11! I1111`€1 ' 1 t l I I l I g t 1 1 i I I I 1111 1 1 1 r1r111111I11I [ A 111i 1 i1 1 1111 Ili ! 1 -- .-+t 1 Ir 111t . ri Il ® rI1 Il 1 11� fl i1I1 I11 if J1 1 1Ilairllliuinoil{ill mist l 1 I II1r111.11fj111 11r yall�olp I 1011110 N>' 1 . • t� i u I l I. 111q� [lalell� I i116AIL iivaIIl1iIuiI r 11 �sel o l _ el rl i" 11 I 1 1 � �+* ' f i.��i111f1 iiI 1 111111�11���Ii 11F rl 1.1T11 � III11 LODGE (SANDHILL SIMILAR) EAST ELEVATION OWNER + OPERATOR Intergenerationai LIVING AND HEALTH CARE DEVELOPER + MANAGER The Goodman Group REAL ESTATE CO -DEVELOPER NORTHLND REAL ESTATE GROUP TROSSEN WRIGHT PLUTOWSKI LRunrrt:C"IS, P'.t 4125 Lakeland Ave. N. Stile 200 Minneapolis. MN 55422 Monti:763-533-7171 Fax:763-533-7979 CITY SUBMITTAL 03.17.2017 • • • From Site to Finish • 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 FORM • • Tel: 612-252-9070 Fax: 612-252-9077 Web: landform.net FILE NAME COO1NRGOQ1•D\\1G PROJECT NO, NRG15D31 EXTERIOR ELEVATIONS AND SECTION A5.0 ILHC of Stillwater, LLC Presents THE LODGE AT STILLWATER A Stillwater Senior Community Stillwater, MN NARRATIVE FOR A REVISED CONCEPT PUD, FINAL PUD PLAN, SPECIAL USE PERMIT, PRELIMINARY PLAT, FINAL PLAT AND VACATION Revised March 24, 2017 • . LANDFORM From Site to Finish INTRODUCTION On behalf of ILHC of Stillwater, LLC, The Goodman Group, LLC, Northland Real Estate Group, LLC and Landform, we are pleased to submit this application for revised concept PUD (planned unit development), final PUD plan, Special Use Permit, preliminary plat and variance to allow "The Lodge at Stillwater", a senior living campus on 57.8 acres located south of CSAH 12 and east of Rutherford Elementary School. Overview The Goodman Group (TGG) is an award -winning, nationally acclaimed senior living and health care organization. We recognize a direct link connecting the architecture and design of a community development to optimal senior health and wellness, providing a dignified quality -of life, community integration and long-term sustainability. Stillwater is a premier destination for individuals who value parks, outdoor recreation, and historic boutique charm. As a Minnesota based company, we deeply appreciate the area's rich heritage and scenic beauty —which affords an unusual opportunity to create a legendary senior living community for Stillwater at Long Lake. From a conceptual point of view, our team perceives a strong relational connection between this development's natural landscape and what will be the completed senior living community built environment. We are honoring the property's history with the Department of Natural Resources, Elden Lamprecht's reforestation project and the surrounding neighborhood's appreciation for the natural views. We envision a complementary style of architecture and design to enhance the rich beauty of the land, while building upon its history of nature conservancy. Our vision for the architecture and design for this senior living community is based on a Minnesota North Woods resort lodge theme, which we envision will complement the landscape and provide the backdrop for a meaningful quality -of -life for Stillwater's seniors, their loved ones, local youth and a dedicated workforce. We envision a beautiful, well -conceived senior living community which offers exceptional health care and services including independent housing, assisted living, memory care, care suites. intergenerational education and programing, as well as an outstanding caliber of amenities and services. Owner & Operator: Intergenerational Living and Health Care, Inc. Intergenerational Living and Health Care, Inc. (ILHC) is a nonprofit organization pioneering interactive programs for seniors. Based in Minneapolis, the organization owns nearly 700 units of independent living, assisted living, memory care, and skilled nursing in four communities in three states, which offer an integrated early childhood center and intergenerational programing. N RG 15001 F OR M Revised March 24, 2017 Project Narrative 2 Founded in 1992, ILHC has a longstanding commitment to interactive programing to bring children and seniors together to cultivate understanding, support, purpose and to share the inherit wisdom between generations. Developer & Manager: The Goodman Group, LLC The Goodman Group, a Chaska MN -based company, is a leader in developing and managing senior living and residential communities, as well as commercial properties. The Goodman Group is a privately held company with 50+ years of experience, overseeing communities with more than 13,800 residents in 62 locations across a wide array of senior living and multi -family options. Platinum Service® is the centerpiece of The Goodman Group's promise to deliver an unparalleled service experience. The organization specializes in the development of person -centered lifestyles for healthy aging through proprietary programs and services to encourage residents' optimal wellbeing. Recipient of the 2014 Performance Excellence Advancement Level Award, based on Malcolm Baldrige Criteria. First long-term care and residential living provider in Minnesota to be proclaimed a Yellow Ribbon Company. Real Estate Developer: Northland Real Estate Group, LLC Northland Real Estate Group is a Twin Cities -based commercial real estate investment and development company focused on investing in and developing senior housing, multi -family and commercial properties in the Midwest. Strong local connection, creativity and perseverance give Northland a competitive advantage in sourcing new opportunities and meeting partner and community objectives. Project Background The demand for senior housing is rising as the baby boomer population ages and seeks generation - specific housing. According to recent trends, seniors are looking to age -in -place within communities offering a distinctive range of amenities. This proposed senior living community is a re -visioning of a previously approved project, on a portion of the subject site. In 2014, Select Senior Living of Stillwater received approval to construct a three-story, 100-unit senior care facility on 5.87 acres between the Rutherford Elementary School and the Grace Baptist Church. In 2015, Northland Real Estate acquired control of the site and began evaluating the previous project and approvals with the idea that the project could be revived. A new team was assembled to create an expanded vision more in line with the demands of the Stillwater population. In order to deliver a successful project, with a more diverse assortment of living options and necessary amenities, the project would require a broader assembly of land. The Lodge at Stillwater Campus will build on the concept plan that was approved on April 5, 2016 and the revised concept that was presented to the council on June 7, 2016. The plan has been adjusted to NRG15001 1_ A `J 7 F OR M Revised March 24, 2017 Project Narrative 3 address the Council concerns about shape, height, massing and architecture, as well as the comments voiced at the neighborhood and public meetings. The development team gained control of additional adjacent property including parcels south and east of the original site that was shown in the 2016 concept plan as well as property to the west of the 2016 concept site. The additional land allows the re -envisioned project to offer a more diverse range of housing, services and amenities. The property to the east has undergone extensive reforestation and rehabilitation and now provides an incredible natural amenity for the neighbors and the community at -large. Additionally these assets are central to the design and orientation of the campus. The balance of the site will remain natural. REVISED CONCEPT PUD We are requesting approval of a concept PUD in the Lakeshore Residential (LR) District to provide an integrated senior living campus. The revised concept plan adds approximately 8.5 acres to the approved concept plan by including the Meisterling property in the project. The Revised PUD Concept plans include 239 units in The Lodge at Stillwater Campus plus a future expansion to Grace Baptist Church (Lot 1) and potential future development of three additional twinhome buildings on Meisterling's parcel (Lot 12). The concept PUD approval will allow us to include these future phases in our development plans and ensure that their future plans follow City requirements, specifically those related to impervious surface area in the Shoreland District. The lot area summary on the Site Plan (sheet C2.1) provides the impervious surface coverage for each lot at full buildout per the PUD Concept Plan. As permitted by Section 31-210 of the Zoning Ordinance, we are requesting concept approval for the entire project, but we will only be requesting final PUD approval for The Lodge at Stillwater senior living campus at this time. The Grace Baptist Church and the Meisterling's will submit their final detailed plans when their developments are implemented. PUD FINAL PLAN We are requesting final PUD approval of the 239-unit senior living campus, which will allow the City to expand the range of housing options available for the aging population. Our project is consistent with the 2030 Comprehensive Plan, which encourages a range of housing opportunities for the aging population in the community. The Lodge at Stillwater Campus is a planned senior living community offering an array of housing and service levels, which will be positioned as market rate rentals. The Lodge at Stillwater Campus will allow NRG15001 !_ I' i F OR M Revised March 24, 2017 Project Narrative 4 for aging —in -place, affording area seniors to maintain independence in their homes, for as long as possible, while accessing specialized amenities, care and service needs. • The Lodge will consist of (59) Independent Living Units, (32) Assisted Living Units, (32) Memory Care Assisted Living Units and (16) Care Suites • Birchwood Landing will consist of 30 duplex style single story cottages plus community room • Sandhill Shores is a 70 Unit — 55+ Active Adult community for independent living The flagship destination of The Lodge at Stillwater Campus, called "The Lodge" is currently planned to provide a rich selection of services and amenities to include a number of common shared fireside areas, library, and restaurant offering scenic views, a bistro, auditorium, wellness/fitness center, movie theatre, and an intergenerational learning lab. Building Height We have worked closely with the development team to create a project with a 35-foot maximum building height as allowed by the Zoning Ordinance. The Buildings 1 and 2 will provide below grade parking for residents. The 3-story buildings allow residents to have access to terraces, private balconies, pedestrian paths and natural features. In order to address the transitions to the adjacent neighborhood, the end caps of the buildings step down from 3- to 2-stories, and the campus was expanded to allow the addition of 30 single story cottage units on the west and south to soften the transition to the adjacent single family homes. Streets and Access The plat includes a full access to County Road 12 in the north -central portion of the lot. This right-of-way location was approved by Washington County (see letter dated July 26, 2016) and turn lanes were constructed as part of the County road improvements last year. The County has reviewed the project and found this access to be adequate for the project as proposed. A new public street will be constructed to serve the campus. All homes, except those on Lots 9, 10 and 11 (which are served by a private drive), will have access to the new public street. The short private drive will serve the three cottage buildings at the end of the cul de sac. A trail in the northwest portion of the site connects the new public street and County Road 12. The primary purpose is to provide a recreation trail connection, and has also been designed to provide an emergency vehicle access, which serves to reduce the length of the cul de sac from that point to less than 750 feet as desired by the City. NRG15001 L F OR M Revised March 24, 2017 Project Narrative 5 At the City's request, an additional 1.93 acres of public right-of-way on the southern edge of the project area will be dedicated, but not improved, for a possible future improvement of 72nd Street North and Interlachen Drive. Our plans do not show any access from this project to 72nd Street North. Setbacks We are requesting PUD flexibility on the internal setback requirements, which is typical of a master planned campus such as this, and some flexibility from the 100-foot building setback from CSAH 12. The County has excess wide right-of-way adjacent to this property both on the north for the street and also on the east for the pond, which renders the Grace Baptist church site virtually unbuildable. We are requesting that as part of this PUD, we be allowed to assume a standard 75-foot'/2 right-of-way for County Road 12 for building setback purposes. For the majority of this street section to the west, the County has a 75-foot'/2 right-of-way. This more typical right-of-way would allow the Grace Baptist church options for future expansion. Our plans reflect this proposed flexibility. There would be no impact on traffic movements as the setback from the street would be consistent with other developments in areas with standard rights -of -way. We are meeting or exceeding all other setback standards for the LS district and the Shoreland Overlay District and ask for this flexibility to allow Grace Baptist Church future opportunities to grow in Stillwater. Shoreland Standards Approximately 93% of the project site is located in the Shoreland Management Overlay District. The City's ordinance (Section 31-402) provides standards for development within the shoreland area. The maximum impervious surface allowed in the shoreland area is 25% of the developable area. Our plan has only 23.7% impervious coverage, which is well below the allowable 25% impervious surface area. Because we are proposing a significant open space area as part of this project, we are requesting the flexibility to consider impervious surface area for the project as a whole, rather than individual lots. We have assigned maximum impervious surface limits to each lot to reflect this total, which will allow the city to track development as it progresses through the anticipated phases. Section 31-402 of the Zoning Ordinance requires a 40-foot setback from the top of bluff and a 75-foot setback from the Ordinary High Water Level (OHWL) from recreational development lakes. Our project has shifted the development away from Long Lake and exceeds these minimum setback standards. Prior to developing this submittal package, we met with City and MnDNR staff to discuss our proposal. At this meeting, we learned that, in addition to the adopted City shoreland standards, the MnDNR will be reviewing the project with the City to ensure that the purpose and intent of the shoreland rules have been met. We have reviewed the DNR PUD Evaluation Worksheets provided to us in a pre -application meeting. We understand that these templates were developed to give guidance to cities, but they were not developed with this type of a campus project with its mix of commercial and senior living in mind. NRG15001 N D F OR M Revised March 24, 2017 Project Narrative 6 However, as we developed our project we did incorporate the MnDNR principle of allowing density bonuses on a tier basis by shifting development away from the lake. The proposed site is divided into four tiers stemming 1,000 feet from OHWL of Long Lake, classified as a Recreational Development Lake, and proceeding landward. Tiers one through three are each 267 feet wide and tier four is 199 feet wide. Our proposed development will be primarily clustered in tiers two, three and four, which is consistent with the purpose and intent. Wetlands The wetland delineation completed by Kjolhaug Environmental services identified two wetlands in proposed Outlot B. There are no impacts proposed to either wetland and the plan provides the required wetland buffers. The campus was designed to take advantage of the wetland views, which also provide a buffer to the homes east of the campus. Stormwater Management Stormwater is managed through a series of infiltration basins and a raingarden that mimic existing drainage patterns. The bulk of the site will drain north to one of three infiltration basins near County Road 12 and only small portion of the site will drain south to an infiltration basin on the south side of Lot 3 north of 72nd Street. The plan will comply with all City and watershed requirements. We have met informally with Brown's Creek Watershed District staff to review our plans and ensure compliance. The watershed will accept a formal application after City approval of the plans. Tree Preservation Section 31-522 of the Zoning Ordinance regulates tree and forest protection. The project was designed to minimize tree removal by clustering the development in the northwest portion of the project and preserving the trees on the east and south portions of the site. The plan shows removal of 48% of the 2311 trees on site, which would require 301 replacement trees under the City ordinance. Our tree restoration plan includes 311 trees planted around the new development which fulfills the quantity requirement. In addition, a variety of shrubs, perennials and grasses will be planted to create interesting landscapes within the project. Parking Section 31-510 of the Zoning Ordinance provides parking standards and our plan provides a total of 451 parking stalls, which exceeds ordinance requirements. Buildings 1 and 2 have a total 120 underground parking stalls for resident and staff use. The developer will prepare mutual parking agreements and access easements. This will allow parking to be shared by the different buildings within campus and the Grace Baptist church. N RG 15001 I F OR M Revised March 24, 2017 Project Narrative 7 Utilities Sanitary sewer will be extended from the southwest to serve this site. Water will be extended from CSAH 12 and will be looped through the site. SPECIAL USE PERMIT We are requesting approval for a Special Use Permit (SUP) for a "Senior Living Community" in the Lakeshore residential district. As noted during the 2016 review process, the SUP allows senior living campuses with a variety of services, and at densities, as proposed within this project. The Lodge complies with the SUP standards in Section 31-207 as follows: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations; The Lakeshore residential district allows Senior Living Care Facilities as a special use. The development has been thoughtfully designed to respond to the senior housing demand referenced in both the City's Comprehensive Plan and recent housing studies by Washington County. The density of the project is typical of senior housing campuses of this type and less than what was previously approved on this site. The plans comply with all City regulations except where flexibility was specifically requested. 2. Any additional conditions necessary for the public interest have been imposed; the project includes preservation of Outlot B, which is the former Jackson Wildlife Management Preserve and we will work with the City to ensure preservation in perpetuity. The plans have been designed to minimize impacts on adjacent properties while offering another level of quality housing options for Stillwater residents. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The Lodge at Stillwater Campus will respond to a documented need for senior housing and will be an asset to the community. The campus will not constitute a nuisance or be detrimental to the public welfare, but will ensure preservation of 26.23 acres of permanent open space in Outlot B, will provide more than 300 new trees and will offer new housing options for residents of Stillwater. PRELIMINARY PLAT We are requesting approval for a preliminary plat to create 16 lots and three outlots. The subdivision complies with all ordinance requirements as noted in this staff report. The Lodge at Stillwater Campus would be developed in three phases as shown on our phasing plan. Additional phases will include the Meisterling's and Grace Baptist Church, which are operating on their respective timelines. NRG15001 !_ l F OR M Revised March 24, 2017 Project Narrative 8 FINAL PLAT We are requesting approval of the final plat for phase I of the project, which includes seven lots and 3 outlots. Outlots A, B and C will be permanently preserved for open space and stormwater management. Outlots D and E are planned for cottages in future phases of The Lodge at Stillwater Campus. Lot 7 is planned to be subdivided in the future by that landowner (the Meisterlings) in compliance with the approved PUD Concept Plan. VACATION We request approval of vacation of the existing drainage and utility easements on the Meisterling property. The easements will be vacated and replaced with new perimeter lot easements and a new easement over a portion of Lots 12 and 13 to service the new buildings. We understand that the City's preference is generally to require utilities to be in a public right-of-way; however, we are requesting PUD flexibility to allow the new services to be in a drainage and utility easement so that we can connect to the existing manhole to the west. The existing easement that we are vacating is not located in the public right-of-way and we are proposing to recreate this condition for the new configuration. SUMMARY The proposal complies with the PUD requirements in Section 31-210 of the Zoning Ordinance, which notes that the PUD is a tool to provide a means of meeting the following goals: 1. Ensuring variety, innovation and flexibility in the development of land and its improvements. 2. Allowing a mixture of uses in an integrated and well planned area to aid in providing a better living environment. 3. Allowing for flexibility in group building development wherein the relationship is between building and building or buildings and site, rather than between building and property lines, as is the case in monostructural development. 4. Preserving natural beauty spots, open space and recreational areas. The Lodge at Stillwater Campus meets all the City PUD standards and we respectfully request approval of the Revised Concept PUD, Final PUD Plan, Special Use Permit, Preliminary Plat, Final Plat and Vacation for this senior living campus. We look forward to the review at the April 12th Planning Commission meeting and the May 2nd City Council meeting. N RG 15001 F OR M Revised March 24, 2017 Project Narrative 9 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 Shane Goodman at sgoodman@thegoodmangroup.com or 952.361.8023. N RG 15001 L ANDF OR M Revised March 24, 2017 Project Narrative 10 T i I / 7 y7 1 I 1 _ LANDFORM in collaboration with: • • • • THE GOODMAN GROUP • NORTHLAND REAL ESTATE I t / / / '- /��� % / / / / / / / / / / /\ / / / / / / // / 1 1 1 / �\ / / \ /\ I r- , / / / t -/ '--J L --L—- / / 1 1 / 1 r - TOTAL PROJECT AREA 57.54 AC. OPEN SPACE WATER WETLAND GREEN SPACE 504,2% SF. 81,783 SF. 713,g57 SF. TOTAL OPEN SPACE 1,300,036 SF. 2q.5 AC. DEVELOPED AREA //i j Row STORMWATER DEVELOPED LONG LAKE Ig0,078 SF. 41,783 SF. 868,188 SF. 80,365 SF. TOTAL DEVELOPED NORTH 1,180,414 SF. 27.1 AC. 0 200 OPEN / DEVELOPED AREAS THE LODGE • Stillwater, MN DNR Density Analysis • 03.24.2017 TOTAL PROJECT AREA 57.84 AC. THE LID t AT STIL-LNNATt_R TIER I LONG LAKE MP .12-cop LANDFORM in collaboration with: . • . . FUTURE CHURCH BU1ICINC trc=BaU.aU THE GOODMAN GROUP • NORTHLAND REAL ESTATE f 7,1 TIER I SUITABLE UNSUITABLE TIER 2 SUITABLE UNSUITABLE TIER 3 SUITABLE UNSUITABLE TIER 4 SUITABLE UNSUITABLE UNSUITABLE WATER WETLAND BLUFF R.O.W. NORTH Ig1,365 S.F. 60,gg0 S.F. 354,711 S.F. 121,12g S.F. 522,346 S.F. 45,g3g S.F. 402,665 S.F. 65,458 S.F. SUITABLE (DEVELOPABLE 0 200 SUITABLE / UNSUITABLE AREAS THE LODGE • Stillwater, MN DNR Density Analysis • 04.03.2017