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HomeMy WebLinkAbout1971-08-23 CPC MIN Special MINUTES OF PLANNING AND ZONING COMMISSION CITY. OF STILLWATER Special Meeting - August 23, 1971 Present: Absent. Duane Arndt, Chairman Melvin Friedrich John Condon Harold Hohlt Fred Kalinoff Arthur Raduenz, Jr. Also Present: Jack Shelton Sidney Wih-ren Ray Marshall Richard Balfanz The meeting was called to order by Chairman Arndt. A motion by Balfanz, second by Raduenz was made to approve thefhinutes of the meeting of August 16, 1971. Unanimously carried,with the following corrections to the minutes On page 1, the Chairman did not make the motion to approve the minutes of the August 2nd Special meeting. On page 3, Line 11, change 14,000 square feet to 1,400 square feet. The Chairman stated that the meeting would be directed to the following matters. 1. Approval of the preliminary plat of the Wild Pines Addition per revision of U.S. Homes Corporation (Zoning Ordinance 389). 2. Reconsideration of the proposed Library renovation and construction and vacation of certain portions of Mulberry Street. 3. Reconsideration of the proposed revisions of Ordinance 383 in respect to special use permits and the petition of Sheldon Smith and M. M. Peaslee for such special use permit. Mulberry Street Vacation: Bob Ackerman, architect appeared with the drawings and plans for the library renovation. He indicated that two wings would be added on to the Library, but that the basic design of the building would be kept the same because it is architecturally significant. The architect stated that they do not plan to disturb any of the trees or sidewalks. They plan to provide a cul-de-sac for the gentleman on the back end so he can drive into his property. The gentlemen can be given an easement so he can have access. A motion was made by Raduenz, seconded by Kalinoff that the Planning and Zoning Commission recommend to the City Council that they approve the Mulberry Street vacation. Unanimously carried. Proposed Amendment to Ordinance 383 This draft (You will find a copy of the draft attached to the enclosed Findings) includes multi-family district and Section 104 which relates to Subsection 21(6) and provides for conditions under which a special use permit would be justified., This proposed amendment would cover quite a number of contingencies, but is not as open ended as the previous proposed revision. At this point the Commission can: (1) adopt proposed revision; (2) revise it; or (3) recommend that nothing be done. Regarding the petition, the commission can: (1) adopt ordinance revision; (2) add a separate category dealing specifically with enterprise that is operating; or (3) rezone. Discussion followed concerning uses permitted in multi-family district and business district. It was suggested that the sheet metal shop is operating in violation of the law and now the Planning Commission is being asked to OX it. Discussion included voting for the proposed amendment with the specific recommendation that it not apply to that sheet metal shop. A suggestion was made that perhaps all commercial building permits involving remodeling or new construction should come to the Planning Commission. It was stated that there is no record of any prosecution for violation of the zoning ordinance. It would be good to find a solution to the problem Of people doing things and then coming for permission later. A motion was made by Wihren, seconded by Balfanz that the amendment be adopted. An amendment to the motion was offered by Condon that this ordinance amendment specifically exclude the sheet metal shop on the corner of 4th and Myrtle. Motion ruled out of order by chair as being unlawful. Discussion - our experience tells us that we have had problems with the narrowness of the existing zoning ordinance. We have spot zoned in the past. With spot zoning you lose control. The special use permit can be used as a devise to get around rigidity in the zoning -ordinance. The criteria for obtaining a special use permit are quite specific in the amendment. If anyone wants to question the Findings of a Council you have some grounds on which to do so. Condon sought to amend the motion on the floor so that it would not become effective for 90 days. Amendment died for lack of a second. The motion, previously made, to adopt the proposed amendments to Ordinance 383 permitting the issuance of the special use permit in the multi- family, commercial and light industrial district, and which sets down criteria for the Council to consider in making findings was carried and appropriate recommendations will be sent to the Council. Roll Call: Condon. oppossed; Kalinoff: yes; Raduenz: abstain: Shelton: Yes, Wi-hren- yes; Balfanz: yes; Arndt; absti,,,-. - 2 - Petition of SmiA"n Ein6 for Special Use Permit. Condon moves that the Petition be denied. Motion fails for lack of a second. Discussion included the suggestion that the members of the Commission should be thinking about some of the possible criteria for restrictions which they might want to use if the special use permit should be granted. On the motion of Kalinoff, seconded by Balfanz, the matter of the issuance of a special use permit was tabled until the next meeting. Approval of the preliminary plat of the Wild Pines Addition. A letter from Mrs. Gerald Kimball, 2109 Fairmeadows Rd. (letter attached to minutes) indicating her concern about the fact that Fairmeadows Road may be used as a direct thoroughfare to the new subdivision, causing danger to the children and injury to the road from heavy truck traffic, was presented to the Commission. Also presented to the members of the Commission was a letter from Jeffrey A. Zoller, 703 W. Oak Street (letter attached to minutes) raising certain questions and concerns about the proposed development. Mr. Robert McGarry, 2315 Oak Ridge Road read the Commission a petition signed by residents of Fairmeadows Addition (Petition attached to minutes). McGarry stated that he was opposed to Wildpines Development - his major concerns being the traffic and the change for townhouses. He felt that the traffic on Oak Ridge Road was already too heavy and too fast and that this would increase when the area was more developed. He felt something should be done about this. Mr. Chuck Windom, designer of the plat, stated that he felt the traffic will not use that street when the development is finished. It was stated that during the development stage Oak Ridge Road is the only access at the moment, and most certainly could be a problem with traffic. Chairman Arndt stated that the Planning Commission is clearly aware of the concern of the neighbors and the matter will be taken under consideration. The Petitioners are requesting the rezoning from Ris,-residential to RC,-Multi family. The Zoning Commission discussed restricting the developer by recommending that he place any structure on any portion of the townhouse site which abuts the rear of property on Oak Ridge Road not less than 50 feet from the rear property line. Mr. Windom stated that all Townhouse areas are landscaped. Discussion followed regarding patio in townhouses. Decided that structure shall be taken to include patio. At this point Commission must (1) determine whether developer has complied with the ordinance; (2) consider the request for rezoning certain areas of the development from single family to multi-family dwellings; and (3) consider request for a blanket variance of 5 and 10 feet on the side yard with a minimum distance between dwelling units of 15 feet. It was stated that the Council is hearing the matter of the 5 and 10 feet the next evening. Discussion followed regarding sidewalks. Mr. Tom Farrell, Crestwood Terrace stated to the Commission that he does not want to see Oak Ridge Road closed. He wants it left open so they can go through to the park, etc. without going onto County Road 5 and so that he can have access to Long Lake without going to Public road. It was stated that a 5 ton street cannot handle hauling of construction materials. It is important that that be written into the -restrictions. A motion was made by Condon, seconded by Wihren that the Commission recommend rezoning with the following restrictions: 1. That no structure of any kind be put within the N- 50 feet of any lots abutting on Oak Ridge Road. 2. That Street that serves townhouse area should be offset at least 60 feet to the East to control traffic on Oak Ridge Road (so you have to make a left turn and right turn). 3. That there be sidewalks on the South side of main arterial Street in the townhouse area, and that a provision be made in the Home Owners Association that they be maintained during the winter. 4. That any travel be prohibited on Oak Ridge Road or any other road in Fairmeadows 1 and.' , 2 during any construction to the Wildpines area. The motion was unanimously carried. Discussion followed regarding the areas that are or will be dedicated for park land or open space. A motion was made'by Wihren, seconded by Condon to approve conceptually the preliminary plat including the Proposed -restrictions. Motion carried. Roll call: Condon: Yes; Kalinoff; yes; Raduenz, yes; Shelton: yes, Wihren: yes; Balfanz: yes; Arndt. abstain. A motion was made by Balfanz, seconded by Wihren that the Conimission would like to see site plan, final plat plan, proposed development scheme, site development scheme and landscaping plans Prior to final Plat approval being granted and that a Performance bond be required to insure to the City,that the developer will bear the cost of all sewer,water, public utilities, including storm sewer and public drainage. Carried unanimously. YIr. Tony Liette appeared before the Commission seeking a permit to build a house. Chairman Arndt felt that a site inspection was in order. A motion by Wihren, seconded by Balfanz was made that the matter be tabled until the next regular meeting and the Commission members to up and take a look at the site. Unanimously carried. The next meeting of the Planning and Zoning Commission will be held on Thursday, September 9th, 1971 at 7:30 p.m. in the Council Chambers. A motion was made by Wihren, seconded by Balfanz to adjourn. Unanimously carried. 5 'll i d �V 2-,2, .r�C,4'ul✓'V U.',t,.yf�:<4_.�C�L%-,.,�„ ,✓t.G"ci.l.�': �,.e'.c,�"2:d,,,:��/ ..�'Lf'� MCA— go.,.-" /��i-G4- L/✓,;_( J r�,��r^..i ,.,,,..L,/C..�..�'rP-( ! C�'":;-��iC. l if Zvi t G ��✓✓",i�ll�r""�'f, .,� tc:c. _�%w� ..�..:G' �� GG �,.:lldfl.''�� t t'<,°v., �r V Q L L) Cj YL T 47 C- s i 0 v- L-s CIL VI-vy ol c c, CL-, 9 n e 5 V, V, e 0 J't-S V\, @L%V, S. e S Q, Vol 6 Q.o V" J, in cot 'two VQA a p ,A 0 V, w1 C<v.A- 0 e v V% Ck ("I"Ilk Q_L Slow -Z Ca L9(WA 4, 'AC IV elf 0, tn*eves ton e- civic %A- co" (-Z'A C TV, E'_`i -e Z^ 0 0 4 V) 1 A 77 P"n Al 0 00 cot CAW TO !T .,u�Y COIJCERN t,.,ic, andersiEned, as rosidents., h✓i,,.,saf;fnors and of tltle airmu adows Addition -to 'c.,�e Ci-ty of arc co-nce,.r.red ab3ut several as:.ects of the proposed Jild,,)Lnes ,-rea 1. ar3 concerned abodlt tho pattc,=. of traffic piaamed fol- Oak ',,-.-'oad and the flow [chich is already heeavy and too fast. 2. V are opposed to tMe amondment of ZoninL�- Orclinance '-To. ,,Thich ,Toul,-! periTit e-raction of Toi:,.rnhouse f.n ,,,n area proposed for ssin,<:,le fa:L,,,-dIy dwelling,., namely adjoin�cng property on Oak t ic. -Load, ✓ v- fj too 4/ )4� August 23, 1971 STATE OF MINNESOTA CITY OF STILLWATER COUNTY OF WASHINGTON PLANNING AN"D ZONING COM1VIISSION - - - - - - - - - - - - - FINDINGS OF FACT In Re: Proposed Revision to AND Ordinance 383. R1=MKL0TATIONS - - - - - - - - - - - - - - - FINDINGS AND RECO-PLIVENDATIONS TO THE CITY COUNCIL: 1. The Planning and Zoning Commission submits the following proposed revision to Ordinance 383 in the belief that the proposed revision will add flexibility to the existing Ordinance. 2. The proposed revision will more adequately in the future enable the Planning and Zoning Commission to effectively Y,,,.aintain land use control within the City Limits and avoid the necessity of spot zoning. 3. That the present zoning ordinance is on occasion intensely restrictive especially in the older portions of the City where existing structures make utilization difficult, except through issuance of special use pe=riits. Therefore, the Planning and Zoning CoLuiission respectfully requests the Council to amend the Zoning Ordinance in accordance with the attached proposed amendments. cti By. Duane Arndt Dated this 23rd day of August, 1971, August 23, 1971 STATE OF MINNESOTA CITY OF STEGLIdATER COUNTY OF WASHINGTON PLANNING AN-D ZONING 001,211ISSION - - - - - - - - - - - - - - - In re: Vacation of certain FINDINGS OF' FACT AND portions of Mulberry Street RECOMMENDATIONS - - - - - - - - - - - - - - - The Manning and. Zoning Commission of the City of Stillwater, upon the petition of the City of Stillwater for vacation of certain -portions, of Mulberry Street (said petition having been duly filed and u--)on the calendar, having come on for hearing on the 23rd day of August, 1971',) on hearing the evidence and being duly advised with respect to this petition, makes the following Findings of Fact: 1. That the City of Stillwater and Mrs. Kathleen Blodgett, one of the abutting property owners of that portion of Mulberry Street which the petitioner proposes to vacate and redevelop certain portions thereof, for purposes of renovation and new construction on the Municipal Library, are the petitioners. 2. That the petitioners, acting through the Libr-ary Board and the Margaret Rivers Foundation have made adequate provision for access to the property which -is situated on the Northeast corner of Mulberry and Third Street, and who has refused to join the petitioners in this vacation petition. 3. That a traffic count has been made of Mulberry Street. 4. That existing, gas and sewer and water facilities will not be disturbed by the proposed vacation and development of the Munic--pa-1 Library. S. That the best interests of the City will be served by vacation of this Street since maintenance of the said Street is costly and that said Street presents a safety hazard without, adequate maintenance. Therefore, the Planning and Zoning Commission recommends to the City Council that the petitioners® request be granted. By. —Duane Arndt Dated this 23rd day of August, 1971. August 23, 1971 STATE OF MINNESOTA CITY OF STILLWATER N N COUNTY OF WASHINGTON PLANNING AND Z01MIG COMMISSION - - - - - - -- - - - - - - - - In Re: Preliminary Plat AME1\;JDP;D FIINDINIGS OF PACT Wildpines Addition. AiSM RE 0 0 IVE'N,]D.6iT 7 0 N S After deliberation on the final preliminary plat plans of the U. S. Homes, Inc., Orrin Thompson Division, and on hearing other interested parties in respect to proposed changes in the Wildpines Plan, the Planning and Zoning Commission submits to the City Council the following Findings of Fact which are in addition to previously submitted Findings Of Fact and Recommendations: 1. That the proposed preliminary plat as finally presented to the Planning and Zoning Commission (ices in essential respects comply with Zoning Ordinance 389, but does in certain particular instances fail to comply with said Ordinance. 2. That the Planning and Zoning Commission has had exhibited to it a great concern on the part of property oa,Tners residing in Fairipeadows Additions 1, 2 and 3 about the problems of traffic on Oak Ridge Road and other developed streets in the Fairmeadows Additions. The Planning and Zoning Commission finds that if the developer is to utilize these streets, traffic hazards and possible street break up may be a consequence of failure on the part of the City to restrict the use of said streets during development. The Planning and Zoning Commission recommends to the City Council: 1. That the City Council grant approval of the prelimirx-xy plat, subject to the following restrictions: a. That the developer be prohibited from using any strea-as in Fairmeadows Additions for purposes of gaining access to any of the developed areas of Wildpines during the development period. b. That .the developer be required to submit to the Planning and Zoning Commission and Council townhouse site, landscaping and development plans or schemes prior to the City's granting final approval of any portion of the platted area. c. That the City require the posting of an adequz,,.-Le performance bond to insure to the City that the developer will bear the cost of all sewer, water, public utilities including storm sewer and public drainage. d. That it be required that all utilities be placed unde--,,-ground in the development. e. That the developer construct sidewalks adjoining the Main arterial street in the townhouse development area to provide for pedestrian traffic. f. That the street which would otherwise be an extension of Oak Ridge Road at its intersection with the main col leclor street in the development area be offset sixty (60) feet to act as a traffic impediment for traffic which otherwise might follow down Oak Ridge Road and cause traffic congestion and safety problems, concern for which was voiced by property owners in Fairmeadows Addition. 2. That the developer be granted rezoning of the proposed area from RA-residential to RO-Multi-family district, but that said rezoning require the developer to place any structure on any portion of the townhouse site which abuts the rear of property on Oak Ridge Road not less than fifty (50) feet from the rear property line of said property that abuts Oak Ridge Road. Structure shall be taken to include patio. By: Duane Arndt Dated this 23rd day of August, 1971® N.