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2017-09-13 CPC Packet
Sti liwater. THEBRTHPLCEOFMNIESOTA AGENDA PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North September 13th, 2017 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of August 9th, 2017 regular meeting minutes 2. Possible approval of minutes of August 23rd, 2017 special 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. 3. Case No. 2017-39: Consideration of a Special Use Permit amendment to allow for the restaurant expansion onto the second level for the property located at 233 Main St S. Michael Hoefler, property owner and Matt Hoefler, applicant. 4. Case No. 2017-40: Consideration of Preliminary Plat, Final Plats, and a Zoning Map Amendment (ZAM) for the property located at 8080 Neal Ave N. Stephen and Barbara Kochendorfer, property owners and Corner Stone Land Surveying Inc., applicant. 5. Case No. 2017-41: Consideration of a Special Use Permit for the current child care facility, and its expansion, at 14460 60th Street North. Richard Nauman, owner representative and Gina Anderson, applicant. VI. NEW BUSINESS VII. STAFF UPDATES/FOR YOUR INFORMATION VIII. ADJOURNMENT THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES August 9, 2017 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:04 p.m. Present: Chairman Collins, Commissioners Kocon, Lauer and Siess, Councilmember Menikheim Absent: Commissioners Hade, Hansen and Fletcher Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of July 12, 2017 meeting minutes Commissioner Siess stated she would like page 5 to note that she referenced the Minnesota State Demographic Center in discussing the population decline. Motion by Commissioner Lauer, seconded by Commissioner Siess, to approve the June 14, 2017 meeting minutes as amended. Motion passed 3-0 in favor with Commissioner Kocon abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2017-28a: Variance to construct an addition in the exterior side yard setback of the property located at 901 Sixth Avenue South. Todd & Audrey Hansen, property owners. Chairman Collins noted that this item has been withdrawn by the City. Case No. 2017-29: Amendment to a Special Use Permit for the change in ownership of a Bed and Breakfast at the property located at 303 Fourth Street North. Rachelle Davila, property owner. City Planner Wittman explained the request. Rachelle Davila has requested a transfer of the Aurora Staples Bed and Breakfast Special Use Permit, located at 303 4th Street North. The applicant has indicated operation of the existing facility would remain the same. Ms. Wittman stated that for the past five years there have been no noise complaints per a Police Department record search. The facility has operated in compliance with all regulations. One written comment was received from neighbor Tim Paskvan which Ms. Wittman said is not necessarily in opposition to the bed and breakfast, but which expresses concerns about noise and disruption resulting from the ongoing special events in the neighborhood. She further stated that Mr. Paskvan informed her that whenever he had a problem with Planning Commission August 9, 2017 the operations of the bed and breakfast, he would contact the operators directly. Staff recommends approval with 12 conditions. Commissioner Siess asked, regarding Condition #6, what happens if they serve beer? Ms. Wittman responded that liquor may not be sold on the premise but wine is allowed by license and she will check with the City Clerk to determine whether the license includes beer. She believes beer would be permitted to be served at a catered event. She will include this information about whether beer is allowed in the staff report when it goes to the City Council. Commissioner Kocon noted that Condition #4 requires all special events to end by 9 p.m. which is significantly earlier than the library's special events. Rachelle Davila, applicant, stated that she intends to operate in the same fashion as the previous owners and agrees to all the recommended conditions. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Kocon, seconded by Chairman Collins, to recommend approval of Case No. 2017-29, amendment to a Special Use Permit for the change in ownership of a Bed and Breakfast at 303 Fourth Street North, with the 12 conditions recommended by staff. Motion passed 4-0, all in favor. Case No. 2017-30: Variances to the exterior side yard setback and maximum structural coverage for construction of a garage for the property located at 102 Cherry Street East. Chris Rustad, property owner. City Planner Wittman explained that Chris Rustad has applied for a variance to construct a garage to be located 18' from the Third Street North right-of-way. The following variances are required: 1) a 12' variance to the 30' exterior side yard setback; and 2) a 7% variance to the 25% maximum structural coverage for the addition of 446 square feet of structural area. Staff recommends approval with four conditions. Commissioner Kocon asked about the setback from the north end of the lot. City Planner Wittman said that a 3' setback is proposed on the north, which is the minimum setback. On the east side the setback is 8'. There are significant retaining walls on the property due to significant grade changes. Commissioner Kocon remarked that the proposed garage appears to be appropriate to the site. Chris Rustad, applicant, offered to answer questions. Chairman Collins thanked Mr. Rustad for his commitment to the historic restoration of the house. Mr. Rustad pointed out that a unique challenge is that the lot slopes significantly; the soil is quite sandy, so water seems to soak in. Commissioner Siess asked if Mr. Rustad is working with any particular agency on rain gardens. Mr. Rustad said he is not. Ms. Siess said she has heard of a couple that have not gone well. Ms. Wittman said this property is located in the Middle St. Croix Watershed which doesn't have any programs for technical assistance for property owners, but the Washington County Conservation District provides technical assistance for property owners who want to address drainage issues on their property. Page 2 of 6 Planning Commission August 9, 2017 Commissioner Kocon pointed out that the property owner will be the primary affected party if the proposed rain gardens don't work to contain runoff. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Siess, seconded by Commissioner Kocon, to approve Case No. 2017-30, variances to the exterior side yard setback and maximum structural coverage for construction of a garage at 102 Cherry Street East, with the four conditions recommended by staff. Motion passed 4-0, all in favor. Case No. 2017-31: Zoning Text Amendment to allow for Board and Lodging/Rooming Houses in the Business Park -Industrial District. Colin Faulkner, applicant. City Planner Wittman stated that Colin Faulkner of The Heights has applied for a Zoning Text Amendment (ZAT) to allow for Rooming Houses to be permitted by Special Use Permit in the BP -I Business Park -Industrial Zoning District. If the Zoning Text Amendment were approved, he would then proceed with the Special Use Permit process for the Commission's consideration of a Rooming House, licensed by the Minnesota Depaitiuent of Health as a Boarding and Lodging Providing Special Services facility, on the parcel located at 1835 Northwestern Avenue, owned by Wild River Office Park, LLC. A letter of support was received from Chris Sorensen, Washington County Community Services Director. Mr. Faulkner submitted a letter of support from the Minnesota Department of Health. Staff finds that the preservation of industrial -zoned properties for industrial use is in the public interest, and that allowing for Rooming Houses in the BP -I Business Park -Industrial Zoning District would risk the loss of industrial lands. Staff further finds the proposed Zoning Text Amendment is not in general conformance with the principles, policies, and land use designations set forth in the Comprehensive Plan. Therefore, staff recommends that the Planning Commission forward a recommendation of denial to the City Council. Commissioner Siess asked Ms. Wittman to further explain, if approved, what kind of can of worms it could open. City Planner Wittman stated it would allow for Rooming Houses in the Industrial District. The challenge associated with putting residential uses in an industrial district is why zoning was created, to separate incompatible uses, particularly industrial uses next to residential uses. Commissioner Lauer asked how to reconcile uses that were there before. Ms. Wittman acknowledged that there is a brewery and an office building, Community Thread which is a community service organization, among others. The City does not want to continue allowing for incompatible uses and this is emphasized in the Comprehensive Plan. Colin Faulkner, applicant, stated he is the owner and executive director of The Heights, a 16-bed co- occurring residential treatment program serving women in St. Paul who suffer with co-occurring mental illness and chemical dependency. The program he wants to develop is not a board and lodge. He needs the license for a drug and alcohol treatment program, which requires that he obtain a board and lodging license. He stated the proposed location is ideal because of the healthcare providers on Curve Crest. The facility would provide more than 20 professional job opportunities. He provided statements of need from Washington County and a Department of Human Services Commissioner. He added that there is only one residential treatment program for women in Washington County, which is in Scandia. Page 3 of 6 Planning Commission August 9, 2017 Commissioner Kocon asked if Mr. Faulkner has looked at other more appropriate locations. Mr. Faulkner stated he has not. Chairman Collins asked about the average stay. Mr. Faulkner replied the average stay is 60-70 days. Commissioner Siess questioned the fact that the facility has to be classified as a boarding house. Mr. Faulkner confirmed he has to get a board and lodge license as a prerequisite. Ms. Wittman added that the closest thing in the City's use table is rooming houses, where multiple unrelated people live in the same structure. Commissioner Siess stated she views this more as a hotel. City Planner Wittman responded that a hotel/motel is classified differently; hotels/motels are not allowed in the BP -I District. Commissioner Siess stated she feels there is a need for the facility, that the Commission is really getting into little specifics and she struggles with the implications, should the City rezone it. Commissioner Lauer asked what if it were classified as healthcare? Ms. Wittman checked the use table and determined it does not list hospitals. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Commissioner Kocon stated he cannot support the use of an industrial zone for anything other than industry, because it is the highest tax revenue base that the City has. The support is for the program and he cannot argue with that, but he feels there are better locations, for instance, the medium density residential zoning district. He is confident that the proposed use is good and there is a need, but he cannot support the loss of industrial zoned property. Chairman Collins stated this is a noble cause. He feels badly that the City does not have a lot of industrial land to begin with and he would not like to lose any more. He opposes the Zoning Text Amendment. Motion by Chairman Collins, seconded by Commissioner Kocon, to recommend denial of Case No. 2017- 31, Zoning Text Amendment to allow for Boarding and Lodging/Rooming Houses in the Business Park - Industrial District, on the basis it does not conform to the Comprehensive Plan. Motion passed 4-0, all in favor. Case No. 2017-33: Variance for the construction of a front porch in the front yard setback area of the property located at 225 Martha Street North. Rick and Stacey Carlson, property owners. City Planner Wittman stated that Rick and Stacey Carlson are requesting an 8' variance to the required 20' front yard setback for the construction of a front porch, to be located 16' from the west property line. A building permit was previously issued for the proposed porch on June 22 but was put on hold on June 28 after staff discovered that the permit had been issued in error and the porch would require a setback variance. One letter was received expressing concern about whether the project would be done according to plan, based on past projects on the property, and whether the architectural style would be maintained, and expressing maintenance concerns about the property. On the basis that a building permit has already been issued for the project and the granting of the proposed variance will not alter the essential character of the locality, staff recommends approval of the variance with two conditions. Page 4 of 6 Planning Commission August 9, 2017 Stacey and Rick Carlson, property owners, offered to answer questions. Ms. Carlson refuted the concerns expressed in the letter. Chairman Collins asked if the porch will be open or enclosed. Ms. Carlson stated it will be open. Mr. Carlson pointed out the petition he submitted indicating most neighbors support the project. Chairman Collins opened the public hearing. Judy Gulden, 218 Martha Street North, voiced support for the project. She appreciates everything the homeowner has done with the property. Chairman Collins closed the public hearing. Motion by Commissioner Siess, seconded by Commissioner Lauer, to approve Case No. 2017-33, variance for the construction of a front porch in the front yard setback area of the property located at 225 Martha Street North, with the two conditions recommended by staff. Motion passed 4-0, all in favor. Case No. 2017-34: Special Use Permit for a duplex residence to be located in the Central Business District at 419 Second Street South. Brian Brosdahl, property owner. City Planner Wittman reviewed the request. She reminded the Commission that last month, the variance requests were heard due to the residential expansion. At that time the Commission noted that a condition of approval was that a Special Use Permit for a residence in the Central Business District would be required. The applicant is now requesting that Special Use Permit. Commissioner Kocon questioned the parking. stating that a garage connects to one of the living units and asking where would the other inhabitant would park. Ms. Wittman replied that for the two units, four parking spaces - two in the garage and two behind - are in compliance. Heather Fox, representing herself and Brian Brosdahl, thanked Ms. Wittman for her guidance. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Kocon, seconded by Chairman Collins, to approve Case No. 2017-34, Special Use Permit for a duplex residence to be located in the Central Business District at 419 Second Street South, with the two conditions recommended by staff. Motion passed, 4-0, all in favor. NEW BUSINESS Case No. 2017-37: Short Term Home Rental Type B License to be located at 2023 Schulenburg. Rick and Missy Swanson, property owners. This item was postponed until the August 23 meeting. Approval of corrected June 14, 2017 meeting minutes. Motion by Commissioner Lauer, seconded by Commissioner Kocon, to approve the corrected June 14, 2017 meeting minutes. Motion passed 4-0, all in favor. Page 5 of 6 Planning Commission August 9, 2017 STAFF UPDATES Commissioner Siess asked if the Planning Commission Chair participates on the Heritage Preservation Commission. Ms. Wittman stated that the Heritage Preservation Commission is governed by federal regulations as a Certified Local Government. Commissioner Siess pointed out that Section 22.7, Subdivision 3 of the Municipal Code, regarding the Heritage Preservation Commission, states that "The chairman of the city planning commission or its designee and the community development director of the city shall be ex officio, nonvoting members of the commission." City Planner Wittman stated she will check with the Clerk to see why the Chairman hasn't been participating as a non -voting member. Commissioner Siess referred to the benefit to having a member who would have firsthand knowledge of the Heritage Preservation Commission. Commissioner Lauer said it also states that it doesn't have to be the chairman, it could be the chairman's designee. Commissioner Siess also pointed out that Chapter 32 of the Subdivision Code of the City of Stillwater, the Subdivision Ordinance, refers to plats being signed by the Planning Commission Chairman and also by the Planning Commission Secretary. She asked, who is the Planning Commission Secretary? City Planner Wittman replied that Community Development Director Turnblad signs plats, as a representative of the Planning Commission. Commissioner Siess stated that six and a half years ago, there were bylaws that stated the Commission would nominate a Secretary but it seems that is no longer in the code and she doesn't know if that needs to be updated or not. If Mr. Turnblad is fulfilling that role, that's fine, he would do a good job of it. Ms. Wittman said at times she has signed plats, for instance when she has been the only staff at a meeting and a plat has been approved; the Chairman has signed them and then she has signed them and Community Development Director Turnblad signs them, being that one last person to ensure they're in compliance. Commissioner Siess suggested that clarification would be to state "City staff." City Planner Wittman said this all involves the City Clerk's office and she can bring these things up to the City Clerk and City Attorney. Ms. Willman recapped the cases that will be heard on August 23. ADJOURNMENT Motion by Commissioner Siess, seconded by Commissioner Lauer, to adjourn the meeting at 8:14 p.m. All in favor, 4-0. Respectfully Submitted, Julie Kink, Recording Secretary Page 6 of 6 i 1 iNiater- TNE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES August 23, 2017 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:05 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Kocon, Councilmember Menikheim Absent: Commissioners Hansen, Lauer and Siess Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES There were no minutes to approve. OPEN FORUM Tanya Gerald, 1270 McDougal Green, expressed concerns about traffic on 62nd Street. She and her neighbors welcome Lakeview Hospital's purchase and planned development of the property. Their concerns involve traffic on 62nd and the proposed expansion of Curve Crest. On behalf of the neighborhood, she asked that the Commission close 62nd at Timber Way or in some way limit access to their development, and most critically, extend Curve Crest south of the hospital to connect directly with Manning Avenue. They feel it is unacceptable to connect Curve Crest to 62nd so as to adversely affect their neighborhood. PUBLIC HEARINGS Case No. 2017-14: Preliminary plat for an 8 single family home subdivision for the property located at 1902 William Street North. Sterling Black, Fairway Development, LLC, property owner. City Planner Wittman explained the request. Sterling Black of Fairway Development, LLC requests approval of the July 12, 2017 version of the Preliminary Plat known as Hazel Place. The applicant plans to develop 7.19 acres of land located at 1902 William Street North, currently a vacant property located at the end of Hazel Street. A total of 5.90 acres are located outside of the Brown's Creek buffer area and, therefore, considered developable. The base zoning for the property is RB, Two -Family Residential. A total of eight single family lots are proposed. All lots would access Hazel Street via a single cul-de-sac road to be named Fairway Court. Lots range in size from 16,890 square feet to 50,048 square feet. A small portion of the site is encumbered by the Brown's Creek Stream Shoreland Management Overlay District (referred to as the "Stream Overlay District"). However, the Stream Overlay District only applies to the northern steep slopes. This area is proposed to be platted as an Outlot (A); an additional Outlot (B) is proposed for storm drainage purposes. The developer proposes to deed both outlots to either the City of Stillwater or Brown's Creek Watershed District. While the Planning Commission August 23, 2017 property will be known as the Hazel Place subdivision, the applicant is not proposing any monument signage or street lighting. Ms. Wittman further stated that Case No. 2006-59 was presented to the Planning Commission and City Council for discussion pertaining to the potential development of 18 single family lots on what was previously zoned RA — One Family Residential. Discussion focused on the possibility of the development of 13 single family lots, with two units on each lot. Case No. 2007-2 was approved for a Comprehensive Plan Amendment, a Zoning Map Amendment, and Preliminary Plat for Fairway Villas, a 12 lot twin -home development. In 2009, Mr. Black purchased the property with the aforementioned development approvals. In 2015, the property owner began discussions with City staff pertaining to potential amendments to the 2007 approved plat. Case No. 2015-22, for a 20 lot single family development to be known as Hazel Place Villas was denied by the City. However, in January 2017, the Planning Commission approved Case No. 2016-49 for a variance to City Code Section 32- 1, Subd. 6, Minimum design standards, Subsection (3)1, Cul-de-sac streets. A condition of approval was that "plans shall be substantially similar to those on file with the Community Development Department's Case No. 2016-49, and shall contain no greater than seven single family lots." City Attorney Magnuson has advised that the applicant's request for eight lots, as opposed to seven, should be analyzed for whether the proposed plat is consistent with the Comprehensive Plan, whether it would be detrimental to the neighborhood, and whether a limit of eight lots would remain directly related to, and bear a rough proportionality to, the impact related to the variance. Ms. Wittman reviewed the project's consistency with regard to the Comprehensive Plan, engineering, fire protection, tree removal, replacement and landscaping, park and trail dedication, drainage and utilities, stream buffering, and plans for the outlots. Staff recommends approval of the preliminary plat with 15 conditions. David Hempel, Westwood Professional Services, representing Sterling Black and Fairway Development, LLC, explained that due to the sandy soil, maintenance of the infiltration basin should not necessitate the creation of a homeowners' association. They can comply with the City Engineer's recommendations in the staff report but it does mean lowering the site. They will need to take material offsite after shaving part of the hillside down. Regarding the outlots, the developers presumed that the agencies involved would prefer to have the stormwater infiltration area to provide protection of the bluff area to prevent anyone from going into those areas. The developers are concerned that if that area is combined with a lot, one of the homeowners may go in there and do what they want thinking it is their property. Buffer signage would help deter any types of alterations in those "no touch" zones. He showed a landscape plan indicating the 42 trees to be planted. They request to defer planting of most of the trees until after the homes are built so as to not interfere with construction. He asked if the park and recreation fees and trunk sewer fees may be deferred until building permit issuance. Regarding Lot 7 drainage and utility easement, the building pad is right off the 5' drainage utility easement and that lot is tight. which is why they want shared driveway access for lots 5, 6, and 7. The only condition that needs further discussion is Condition F, rezoning from RB to RA. He thinks his client would like to defer the rezoning until the final plat is approved. Mark Herbert, LS Black Constructors, reiterated that Mr. Black would like to know if the rezoning may be deferred until the project is funded or the time of final plat. City Planner Wittman responded that the rezoning is proposed to be done as part of the 2018 Comprehensive Planning process which will take through the end of 2018. Mr. Herbert asked staff to explain the safety concerns they expressed about having that many potential occupants on the cul de sac. Ms. Wittman stated that the reason for limiting the length of a cul de sac Page 2of11 Planning Commission August 23, 2017 is to limit the number of houses at the end, thus limiting the number of families that might be in jeopardy in an emergency situation. Mr. Hempel offered to address any questions. Commissioner Kocon stated it seemed very clear in the staff report that Outlot B would be sought to be combined with Lot 6 and there would need to be a homeowners' association, although Mr. Hempel said he would like this discussed further. Commissioner Fletcher asked if there is a homeowners' association (HOA), why Outlot A couldn't also be combined into the HOA. City Planner Wittman replied that if property such as Outlot A is in a HOA and the taxes weren't paid, it could become a tax forfeit parcel. Combining that parcel with Lot 6 would ensure that it would not become a tax forfeit parcel. Neither public entity wanted ownership of the outlot. Mr. Hempel asked what is the reason for access to the bluff area, since the intent is to leave it as is. Ms. Wittman replied that Brown's Creek Watershed District would want to monitor and maintain the easement area to ensure compliance with the overlay district. Regarding the issue of when to rezone the property, Commissioner Kocon said it's clear that duplexes won't fit. The intent has always been to lock this into single family homes. He is surprised that Mr. Black would ask when rezoning will happen, because it shouldn't matter. Chairman Collins opened the public hearing. Brian Larson, 2008 Hazel Court, reminded the Commission that the previous plan was for seven units and he doesn't see why the number is being increased now. Regarding Commissioner Kocon's question, he heard the representative say that Mr. Black wanted to know when the rezoning would take place in relation to their financing. He hopes that has nothing to do with it, that this project is not being represented as possibly being a duplex rather than a single family project. He feels rezoning is a must. He asked why BCWD approval has not already been obtained and suggested the City should wait till it is approved before granting the preliminary plat. Regarding grades, he would like to make sure if the grade is lowered, the developer is not adding retaining walls or anything else that would negatively impact the site. Regarding Lot 6 and the outlot, he is concerned about the impact that the homeowner could have on that lot if they weren't aware of the easement on their property. Mr. Larson also noted that on one drawing the lots are incorrectly numbered with two Lot 8's and asked that be corrected. James Purcell, 2001 Hazel Court, agreed that rezoning is critical and there is no reason to wait for the Comprehensive Plan because this is more conservative zoning. Being more conservative in the zoning rather than more expansive is better. His other concern is that last fall, it was agreed that seven lots makes sense. He questioned whether the number of lots will be gradually increased. Ken Harycki, 2004 Hazel Court, reminded the Commission that the City has been discussing this property for over a decade. He feels that zero lighting is great, and the reduction from a previous proposal of 22 to eight lots is great, but the rezoning should occur now. He is concerned that the T connection will be on a very steep hill requiring a huge retaining wall and he would like to see a better option. Page 3 of 11 Planning Commission August 23, 2017 Jake Brand, Stillwater Country Club, 1421 North Fourth Street, said Stillwater Country Club deals with Brown's Creek Watershed District daily. Potentially, the Club could purchase the outlot to manage it, instead of Brown's Creek Watershed District, so it would not become an issue in the future. Mary Harycki, 2004 Hazel Court, said she would prefer rezoning now rather than later. Chairman Collins closed the public hearing. He provided Mr. Hempel an opportunity to respond to concerns brought up by neighbors. Mr. Hempel thanked the residents for their input. Regarding the intersection grade, he stated that the City requires a 2% landing for 50-100 feet at all intersections. He said no retaining walls are proposed but there may be small walls at the time of construction depending on what type of house is built on this property. He added that the previous plan for seven lots was a concept that had not been fully engineered yet. After looking at Brown's Creek setback requirements and after doing detailed engineering and planning, it was determined that eight lots would fit. Commissioner Kocon asked for confirmation that once the Commission recommends approval of the preliminary plat, it is locked in at eight lots. City Planner Wittman responded that after the City Council approves the preliminary plat of eight lots, a change in the number of lots would be considered substantial, requiring the developer to come back for preliminary plat approval again. She stated that she talked to Karen Kill at the Brown's Creek Watershed District (BCWD) last week and it appeared to her that the applicant wasn't comfortable moving forward with the BCWD until they were sure the City was favorable to the 8 lot design, allowing full analysis of what will be needed for infiltration. Ms. Wittman pointed out that the BCWD permit is one of the staff -recommended conditions of approval. Regarding the public comments from Stillwater Country Club, she told the Commission they may want to amend Condition lb to state that Outlot A may be sold to Stillwater Country Club or, if not sold, shall be combined with Lot 6. Commissioner Fletcher asked about the implications of the timing of rezoning. City Planner Wittman responded the property could be required to be rezoned by the time of release of final plat recording. The implication would be that at the time a building permit is submitted, it would ensure that the building permit could only be for a single family residence. With the RB zoning in place before the Comprehensive Plan is completed, there is that risk that someone could propose a two unit structure on the property. Community Development Director Turnblad stated that there is also another implication, which is that requiring rezoning before the Comprehensive Plan update is done would also require a Comprehensive Plan amendment be done before the final plat could be released, which could delay the excavation permits. That is why staff recommended that rezoning go together with the Comprehensive Plan amendment. Commissioner Kocon reiterated that one of the conditions requires that the property be rezoned to RA. He feels this condition makes it clear what will happen. Mr. Turnblad added that it could be tightened further by including in the developers agreement that there would be no increase in the number of units. Ms. Wittman stated that the Commission could amend Condition F or create a new Condition P stating that the developer will enter into a development agreement prior to approval of the final plat and that as a condition of that development agreement, no two -unit property shall be permitted. Page 4 of 11 Planning Commission August 23, 2017 Motion by Commissioner Kocon, seconded by Commissioner Hade, to recommend approval of Case No. 2017-14, Preliminary plat for an 8 single family home subdivision for the property located at 1902 William Street North, with 15 conditions recommended by staff, modifying Condition B to state the possibility that Outlot A may be sold and if not sold that it will be combined with Lot 6; modifying Condition C to state that a shared driveway access shall be allowed between Lots 6 and 7 and that Lot 5 will have its own driveway; modifying Condition E to state that drainage and utility easements between Lots 7 and 8 shall be 7.5' on Lot 7; modifying Condition H to state that the amended Preliminary Plat shall receive a permit from the Brown's Creek Watershed District prior to the submittal of the Final Plat and that District - recommended conditions will be incorporated by reference into this approval; modifying Condition L to state that a total of 42 trees shall be planted on private property, including three per lot, and that the trees may be planted when the buildings are built; modifying Condition M to state $17,500 in fees rather than $18,000; and adding Condition P requiring that the developer shall enter into a development agreement prior to approval of the final plat and that as a condition of the development agreement, no two -unit properties shall be permitted. Motion passed 4-0, all in favor. Case No. 2017-35: Variances associated with proposed rooftop improvements at the Water Street Inn, located at 101 Water Street. Roger Tomten, ARCHNET, representing St. Croix Preservation Co., Inc., property owner. City Planner Wittman stated that in 2014 the City conditionally approved Case No. 2014-7 which allows for a proposed addition to the northern end of the Water Street Inn. The addition was permitted by code to be 10% higher than the 40' portion of the existing structure that was directly adjacent to it. Therefore, the outright permitted height for the addition was 44'. Case No. 2014-7 also allowed for three variances to the Central Business District (CBD) Height Overlay District for the installation of a clock tower, steel tower frame, and a tower mast on the addition. The approval also included the use of the rooftop for an open-air bar and restaurant dining area. These uses did not require a variance. The uses would necessitate the use of an elevator to the rooftop. While the application included the elevator bulkhead, an approximately 48 square foot storage area, two stairwells, and a 40 square foot area noted as `service' area, these were interpreted to be necessary appurtenances to the building which are outright permitted to exceed the maximum height in any zoning district. The service and storage areas were interpreted to be necessary improvements associated with the elevator bulkhead. The applicant is requesting a variance to City Code Section 31-403, CBD height overlay districts, Subsection (b)(2)(ii) which indicates "for vacant lots immediately adjacent to an existing building: the height of the infill building is to be within 10% (higher or lower) of the height of the adjacent building or buildings. If the infill building is between adjacent buildings, then the height of the infill building is to be within 10% (higher or lower) of the average height of the adjacent buildings on both sides." If approved, the variance would allow for an enclosed bar and kitchen, service station and storage area, two restrooms in addition to the elevator bulkhead and enclosed/covered lobby, and two sets of stairs. Therefore, the applicant is requesting a 10% variance to the 10% provision which would allow the addition to be 20% taller, for a total of 48', than that portion of the existing structure that is currently 40' in height. One letter of objection from the owners directly to the west was received, focusing on lack of parking, increased traffic, noise pollution and urban sprawl. On the basis that the request does not conform to the zoning code or the Comprehensive Plan, and that practical difficulty has not been established, staff recommends denial of the variance. Roger Tomten, ARCHNET, representing St. Croix Preservation, Inc., provided background on how the plans have evolved since the last approval in 2014. Soil conditions make replacing the existing basement, as originally planned, infeasible. Losing that amount of square footage required architects to get more creative about storage areas and mechanical spaces. The rooftop will also now require Page 5of11 Planning Commission August 23, 2017 additional functions such as some food preparation and restroom facilities. Some of these areas increased in size to meet the required codes. When the new plan was submitted, staff raised the issue of building height and stated that the enclosed kitchen area, bar and restrooms would need to meet the height requirements or require a variance. Mr. Tomten noted that the lowest portion of the existing building is at the north end of the property at 40'. He explained to staff this is one building, one parcel owned by one person with one use, so it should reflect one structure. The building height should be calculated from the highest point. Staff interpreted it differently, measuring from the touching portion of the adjacent structure, using the 40' height as a base. The addition needs to be 48' in order to get the roof over the restrooms and the kitchen area. Architects believe the variance is consistent with the Comprehensive Plan. The addition of the tower element creates a focal point for downtown. Staff concluded that the addition is not in keeping with height and size of most structures within a one block radius and he respectfully disagrees. Some of the buildings are much taller. The circumstances are unique to the property and not created by the landowner - the poor soils, the flood plain, the fact that it is a historic building 51 feet tall in a zone where the City now wants buildings to be 30' tall. If the addition were to be added onto the other end of the building, no variance would be needed. Height variations are a character element of downtown. He doesn't feel the variance will alter the character of the area. Regarding the west elevation, Commissioner Kocon asked, if three stories can be constructed at 40', why does it have to be taller? He said he doesn't understand why the new addition has to be built 4' taller than the 1994 addition. He feels the need for a variance is like a self inflicted wound created by the property owner. Mr. Tomten responded the height is needed because of the enclosed space on the roof. The restroom is needed so people can use the restroom immediately adjacent to a dining area and the kitchen area must be enclosed to meet health requirements. Architects looked at a lot of other concept plans and ideas. The 1994 addition was not structurally designed to handle any additional weight on top. Chairman Collins opened the public hearing. Chuck Dougherty, St. Croix Preservation Company, clarified that the new proposed addition uses steel and cement versus the 1994 addition which was wood. That accounts for the height difference. He read a passage from the Downtown Plan describing downtown as a vital and relevant district that continues to evolve. Chairman Collins closed the public hearing. Commissioner Kocon stated he liked the 2014 proposal and would like to make this work. For instance, he feels architects can design the stairs so they exit onto the 1994 addition. He is frustrated but he can't support the height variance. Chairman Collins agreed he cannot support it. The Kolliner Building across Water Street is significantly taller but it was built in late 1800s. He feels this addition should be built to current code. Commissioner Hade said he supports the variance. He doesn't see any difference between this variance and the variance approved for the proposed Zephyr Theater. Commissioner Fletcher stated she feels practical difficulty has not been established and she cannot support the request although she loves the project. She encouraged architects to be more creative. Page 6 of 11 Planning Commission August 23, 2017 Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to deny Case No. 2017-35, variances associated with proposed rooftop improvements at the Water Street Inn, 101 Water Street. Motion passed 3-1, with Commissioner Hade voting nay. Case No. 2017-17: Short Term Home Rental Type B License to be located at 2023 Schulenburg. Rick and Missie Swanson, property owners. Community Development Director Turnblad explained that the Rick and Missie Swanson have made application for a Type B Short Term Home Rental license. If no concerns are submitted to the City after required notification of neighbors, then staff issues the license. In this case, three neighbors had concerns about parking. Therefore, the Planning Commission is tasked with considering the license request to determine whether it should be approved or denied. All of the performance standards required of Type B Short Term Home Rentals are met with the exception of parking. In residential zoning districts, all guest parking must be accommodated on improved surfaces on the owner's property. The Swansons plan to offer three bedrooms to guests, so two improved parking spaces must be provided on the premises. The property as it is configured and improved today does not, in staff's opinion, provide these two parking spaces. There are parking spaces on the north side which are actually on Alder Street. On the back there are two unimproved spaces. The Swansons propose to expand the space off Schulenburg Alley to allow two cars to park there. Parking on Alder Street, with the improvement to that paver spot, would provide two parking spaces but with the S curves and the narrowness of the road, there is competition for very little space. Staff recommends issuing the license after the two parking spaces off of Schulenburg Alley are improved for guest use. Staff also recommends that the City's traffic safety committee consider the Alder parking situation. Chairman Collins asked how long a Type B license is good. Mr. Turnblad replied three years unless three substantiated complaints are received within a year. Chairman Collins opened the public hearing. Rick Swanson explained he would like the requirement for the paved spaces on Schulenburg to be postponed until they build a garage. The property has had a tremendous makeover. There is currently room for two smaller cars on Schulenburg Alley. They want to separate these two issues because they've been delayed a great deal due to scheduling issues. It will be a challenge to improve those two parking spaces and will likely take variances. They don't want their license approval to be delayed. Commissioner Kocon pointed out that two standard sized cars would not fit the space on Schulenburg Alley. Mr. Swanson replied it's clear they have parking available. The property line goes across Schulenburg Alley. Two cars would fit on the east side, or on the north side in front of garage on Alder Street. Community Development Director Turnblad stated that the right of way coincides with the garage door and the property line comes right up to the house. Ken Wolf, representing Wolf Marine, said he has no problem with the vacation rental, but there is an issue with Alder Street. The City has to figure out a way to accommodate neighbors to find a place to park other than on an S curve that is in a blind spot. He doesn't think the City should hold up the license because of these issues. The City should move forward to find a solution to Alder Street. Page 7 of 11 Planning Commission August 23, 2017 Dan Challeen, 2103 Schulenburg Alley, spoke in support of the license. He echoed concerns about parking. He created a paved parking area for about 6 vehicles on his property. The S curve doesn't leave enough room for cars to pass when there are cars parked on the street. He would like to see people mostly parking on their own property and less congestion on Alder Street. Chairman Collins closed the public hearing. Motion by Commissioner Kocon, seconded by Commissioner Hade, to approve Case No. 2017-17, Short Term Home Rental Type B License to be located at 2023 Schulenburg, with the condition that the two parking spaces are specifically: one in the garage and one on the pavers in front of the building. Motion passed 4-0, all in favor. NEW BUSINESS Case No. 2017-36: Preliminary Concept Master Plan for the future Lakeview Hospital and Health Campus to be located at the northeast quadrant of Manning Avenue and State Highway 36. David Anderson, Frauenshuh, Inc., owner's representative. Community Development Director Turnblad stated that Lakeview Memorial Hospital Association has a purchase agreement for the 68+ acre site at the northeast quadrant of the Highway 36/Manning Avenue intersection. The property is planned to be the new campus for Lakeview Memorial Hospital and other related health care facilities. Prior to closing on the property purchase, the hospital is pro- actively seeking community comments on their Preliminary Concept Master Plan. The Planning Commission is requested to consider the concept plan and offer comments. Also, neighbors within 700 feet of the site have been invited to the meeting to join the discussion. The goal of the project is to create an integrated healthcare and wellness destination. The cornerstone of the healthcare campus will be the 300,000 square foot hospital. In addition, two building pads are envisioned for approximately 120,000 square feet of medical office space. A third major element of the campus is envisioned to be a wellness/senior housing facility. A fourth element will be the integrated open space system to include common area connections, trails, pedestrian ways, and so on. Trails would create loops internally and would also connect to City and county trail systems for longer segments. The fifth and final element will be approximately 14 acres for ancillary and complementary commercial businesses. These would serve both the community and the adjacent medical campus. Mr. Turnblad reviewed the concept in regard to the Comprehensive Plan which designates this area as medical campus. Staff is considering another zoning district that still fits with the Comprehensive Plan and designates uses seen as appropriate, to be clear that the primary uses of this 68-acre site are non -retail. Mr. Turnblad went on to review some of the comments that have been received. In general, staff finds that there is good support for the concept. There is a desire to keep the hospital in the City of Stillwater. The location is good, on major transportation corridors. The medical campus is consistent with the Comprehensive Plan. Four types of concerns were brought up at the neighborhood open house: traffic, including avoiding additional traffic on 62nd Street if possible and aligning the campus access points so as to not encourage travel through neighborhoods; buffering the campus from existing neighborhoods; installing lights at 62nd and Manning if needed; and building heights. City engineers believe that infrastructure is available or can be extended to accommodate the entire plan. Over the course of the next year, Washington County and MnDOT will be putting together design options for the Highway 36/Manning Avenue intersection. Environmentally, the property has challenges but also opportunities. On the east side there are steep slopes and wetlands. Buffer areas will have to be maintained. This will impact how roads and other improvements are located. Stormwater runoff on Page 8of11 Planning Commission August 23, 2017 this site will be watched very closely so it does not end up in Long Lake. The hospital and the City are aware there is a pair of nesting eagles. The nest will not be impacted but it is within 660 feet. The United States Fish & Wildlife Service is involved and will discuss this with the developers. Chairman Collins opened the public hearing. Ted Wegleitner, President of Lakeview Hospital, provided background on key planning issues, master plan elements, and critical issues. He stated that Lakeview is one of four critical access hospitals in the St. Croix Valley. This positions Lakeview to grow. More and more referrals are coming from western Wisconsin. Space on the existing campus is already tight and the existing hospital building is old. Dave Anderson, Frauehshuh, presented additional information about the planning concept. He addressed the economic feasibility of development of the site. He pointed out the proposal is consistent with the Comprehensive Plan but there are elements of zoning to be explored. The Curve Crest extension will be an expensive piece of roadway that will serve the greater community, so they will want to work with the City on funding. Tim Sessions, BWBR, explained the site plan and how they intend to work with the topography and existing site features as well as respecting the adjacent residential areas. He provided proposed plans for connector routes through the site. Commissioner Kocon asked how ambulances will get to the hospital. Mr. Sessions pointed out on the map the envisioned route for ambulances. Mr. Wegleitner added that notices about the proposal have been sent to the Legends and Liberty Homeowner Associations. Commissioner Hade asked about the plans for the existing hospital. Mr. Wegleitner replied there are no specific plans - that is another conversation to take place over the next several years. Chairman Collins asked if the medical facilities on Curve Crest Boulevard are envisioned to also move to this campus. Mr. Wegleitner said he doesn't think so. The hospital has facilities and offices sprinkled all over right now. They will consolidate staff onto the two campuses. Primary care will stay on the Curve Crest campus as well as some of the specialties. Mr. Wegleitner discussed neighborhood concerns regarding traffic volumes. He acknowledged that traffic lights will be needed on 62nd and Manning. For the most part, hospital traffic would use Curve Crest Boulevard. Regarding the location of the Curve Crest extension, he realizes that neighbors very much want it on the south side of the property. He discussed what the Highway 36 interchange will look like, the height of the hospital building, buffering of the neighborhood, and development of the western 14 acres. Commissioner Kocon asked how tall is the bed tower? Mr. Sessions stated typically it would be four stories - about 65 feet. The building will sit in a bit of a bowl. In relation to homes on 62nd, he is guessing that the lower level would be completely below 62nd. Commissioner Kocon commented if there is going to be a street light on 62nd, could there also be a real road with curb and gutter? He feels the road is an embarrassment. Page 9 of 11 Planning Commission August 23, 2017 Chairman Collins asked for estimates of the percentage of patients from Stillwater vs. out of town. Mr. Wegleitner replied he has no specifics but that patients are coming from Maplewood, Oakdale, and western Wisconsin, coming from primarily east and west. To a lesser extent they're coming from the north as well. Jim Bradshaw, the property neighbor to the east, noted that he and his wife own the pine forest to the east of the property and the Celebration of Life Center. He is very concerned about what will happen with traffic on Curve Crest. He supports the concept of a hospital in the area but feels there needs to be a discussion with neighbors about 62nd St. both to the east and west of the forest. The pathway that flows through the property belongs to him and his wife, who gave the use of it back to the City. They meet periodically with nearby property owners and agree on how it will be maintained, splitting the cost. They hope to work with the hospital on how it is treated. Regarding Curve Crest, there also needs to be a meeting with Curve Crest property owners to discuss the traffic. There are high speeds on Curve Crest which concern him. The buffer zone of pine trees and the traffic on Curve Crest are the two main issues that need to be discussed. Sarah Nelson,1150 Legend Boulevard, stated her main concern is the volume of traffic that will use 62nd Street. There are a lot of children in the neighborhood. She also is concerned that if all the walking paths are connected together, it will increase the flow of non -neighbors into the neighborhood. K Kongrong, who said she lives on the east side of 62nd Street, stated her main concern is that the forest and wetland be retained. She also expressed concern about Curve Crest going partially through the neighborhood and wondered if there has been any consideration of using Curve Crest as a frontage road. She also fears that if the neighborhood walking paths are all connected it would bring a lot of foot traffic. Chairman Collins closed the public hearing. He thanked the hospital representatives for meeting with some of the neighbors and encouraged them to reach out to those who may have something to say but didn't get the invitation to attend. Commissioner Fletcher remarked it is a great location. She feels the aesthetics are very important because this is the gateway to an historic river town. The design of buildings, the setting and the visual views of nature need to be porous on this site. It should be a transition area with beautiful buildings that signal the historic nature of the City and enfolding those historic buildings with some greenery. Being very smart about green design will truly benefit the community. Mr. Wegleitner replied that is absolutely the intent. HealthPartners is an industry leader in sustainability. Commissioner Kocon said he loves the concept. He acknowledged there are issues that need to be addressed. The Legends neighborhood is going to be the most affected. Communication will be very important. STAFF UPDATES Aurora Staples liquor license inquiry In response to Commissioner Siess's inquiry at the August 9, 2017 Planning Commission meeting, City Planner Wittman reported that the inn does not have a liquor license. Wine is the subject of the license that was discussed, not beer and wine, but there is no license in place. Page 10 of 11 Planning Commission August 23, 2017 Planning Commission Code inquiries City Planner Wittman stated that staff is meeting with the City Attorney Monday regarding questions that have been raised regarding Planning Commission code changes and conflicts regarding practice versus what is adopted. She is aiming at having text amendments for review in October. ADJOURNMENT Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to adjourn the meeting at 10:24 p.m. All in favor, 4-0. Respectfully Submitted, Julie Kink Recording Secretary Page 11 of 11 ' 1I E BIRTPIPIACE 9 F MINNFSOITA PLANNING COMMISSION MEETING DATE: APPLICANT: REQUEST: September 13, 2017 CASE NO.: 2017-39 Matt Hoefler, applicant, representing HAF Real Estate & Development, property owner Consideration of an amended Special Use Permit for the expansion of a restaurant, LOLO, to be located on both levels of the property located at 233 Main Street South ZONING: CBD-Central Business COMP PLAN DISTRICT: DMU-Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In 2012 the City approved CPC Case No. 2012-17 the infill construction of the Peaslee Building, a two-story yellow brick structure designed to have a restaurant on the main level and offices on the second story. When constructed, a 368 square foot mezzanine was added to the second level. In 2013, CPC Case No. 2013-24 was conditionally approved for Bar Lolo American Kitchen (commonly referred to as "LOLO") and the following year CPC Case No. 2014-15 approved outdoor dining to be associated with the restaurant. While HAF Real Estate & Development owns the structure and has occupied the second story, they have recently relocated their offices. REQUEST The applicant is requesting an amendment to their Special Use Permit to expand the restaurant into the second floor of the building located at 233 Main Street South. APPLICABLE REGULATIONS AND STANDARDS Municipal Code Section 31-207 indicates the following must be determined by the Planning Commission prior to the issuance of a Special Use Permit: 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. Zoning Ordinance: The property is zoned Central Business District, which allows for restaurants by special use permit. A condition of the original Special Use Permit is that the property owner must purchase 22 parking permits each month to compensate for the deficit of on -site parking; 16 parking spaces for the first floor restaurant and six spaces for the (former) office space on the second floor. The following second floor parking analysis has determined that no additional parking spaces will be needed for the conversion from office to restaurant: Total s.f. 1643 s.f. -267 (Office) -339 (Prep/Bar) -329 (Stairwells) Net s.f. = 708 s.f. (1/120 s.f.1 = 5.9 parking spaces) Comprehensive Plan: The Local Economy chapter of the City's Comprehensive Plan (Page 7-4) "encourages small locally owned businesses particularly in the downtown". The project assists the City in meeting the Local Economy Policy "to encourage downtown as a relocation destination for successful businesses". 2. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. LOLO has no reported nuisance violations with the Stillwater Police Department. Trash: The City recently constructed a cooperative trash enclosure on Water Street for this building's tenants, as well as the tenants of adjacent structures. While the structure has been utilized by LOLO, there are no formal agreements between the City and the building or business owners. A modified condition of approval should not only include keeping trash in the enclosure, but also that: lids shall be closed, except when dumping or removing trash; that the enclosure interior and the adjacent areas shall be clean and free of debris; and to clean the trash enclosure as needed to remove any accumulation of grim and/or general trash. 3. Any additional conditions necessary for the public interest have been imposed. As two previous zoning requests have been approved for this use, staff recommends this amended request replace all previous approvals, and conditions thereof be incorporated into this single Use Permit. ' For restaurants, one parking space for every 120 square, up to 5,000 square feet, is required. 233 Main Street South CPC Case No. 2017-39 Page 2 Architectural Design: No exterior modifications are proposed. Exterior signage for the HAF Group exists on the rear of the building. A condition of approval will be that this signage must be removed. Building Code: The Building Code prohibits the use of the mezzanine area for general public use. The applicant is proposing a gate at the stairway access. A condition of approval should include the restriction of public use on the mezzanine and rooftop areas. ALTERNATIVES A. Approval If the Planning Commission finds the proposal to be consistent with the provisions of the SUP regulations, the Commission could approve the second - floor restaurant expansion with or without the conditions included below. B. Table C. Denial If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. The 60-day deadline for review is October 17, 2017. If the Planning Commission finds the proposal is not consistent with the provisions of the SUP regulations, the Commission could deny the application. The Commission should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION Staff finds the two-story restaurant, with existing outside seating to accommodate 24 seats, conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and additional conditions necessary for the public interest have been imposed so that the use will not constitute a nuisance or be detrimental to the public welfare of the community. Based on the aforementioned findings, staff recommends approval of the Special Use Permit for a restaurant, LOLO, to be located at 233 Main Street South, with the following conditions: 1. The project must be built in substantial consistency with the plans on file with the Community Development Department and dated August, 2017. 2. The mezzanine and rooftop access shall not be utilized for restaurant/public use. 3. A parking mitigation plan, of 22 parking permits year-round and an additional 8 spaces for the months of May through October, satisfies the off-street parking requirements for the exclusive restaurant use. The fee shall be paid upon receipt of City invoice. Failure to pay charges within 30 days will be certified for collection with the real estate taxes with the real estate taxes in October of each year. The applicant waives any and all procedural and substantive objections to the purchase requirement including, but not limited to, a claim that the City lacked authority to impose and collect the fees as a condition of approval of this permit. The applicant 233 Main Street South CPC Case No. 2017-39 Page 3 agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this permit including this provision. 4. All existing and future trash receptacles shall be stored in the designated waste storage area at all times, with the exception of the day of trash collection. Trash receptacle lids shall be closed, except when dumping or removing trash. The enclosure interior, and the adjacent areas, shall be clean and free of debris. As needed, the trash enclosure shall be cleaned remove any accumulation of grim and/or general trash. 5. All exterior designs, including the installation of permanent signage, shall obtain a Design Permit from the Heritage Preservation Commission prior to installation. 6. Building permit plans must be approved by the fire marshal and building official prior to the issuance of a building permit for any interior alterations. 7. Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. ATTACHMENTS Site Location Map Narrative Request Planset (5 pages) Second Floor Engineering Analysis Case No. 2012-17 Recording Case No. 2013-24 Recording Case No. 2014-15 Zoning Permit Resolution No. 2016-051 233 Main Street South CPC Case No. 2017-39 Page 4 11 (water SGPVEN ERG\N .4 O \ �• `OCjv The Birthplace of Minnesota GOO �, MI 'r� v (5) gym{ ' c)1REE� s s M(RI�� O PS� (I), � ,� - ,. : 1 HAFT - � LOLO lui." -_ -- - � - — ' �i `�` � '\ \ W E Site Location Map 0 ti 233 Main Street South �;_ 10 �PS,;GNEs N� G� o �; � Cr) �:e ,.� s v \ 110 k =" - ' -*At% L-r.. A ' _1 Av N ,‘`..A- _ 0 160 320 640 Feet ... -C _ Vs�, ,soN 9° SON 1-- General Site Location , f NE\ —SON ` ` Sid M F� r C : 1, :,. Kam: HAF G R 0 u .` August 14th 2017 Abbi Wittman City of Stillwater Planning 216 N 4th Street Stillwater, MN 55082 RE: LOLO Restaurant expansion LOLO American Kitchen is a new restaurant concept that was developed by the 2 owners of the restaurant. This restaurant began in the spring of 2013 and has seen a large volume of business since opening. LOLO has also expanded to 2 more locations — one at the MSP airport in Gate E. And their newest location in Hudson WI. The second floor expansion will be owned and operated by the same owners and will be known as the second floor expansion — there will not be a change of name for this level. This request will outline the details and thought behind the design of the expansion. The overall goals of the project are: 1. Reduce wait times at the restaurant and provide a place for people to wait for a table in the main level restaurant. The 2nd level will serve drinks and small plates (full menu main level only) 2. Add office space to operate the restaurant 3. Add value to the community As mentioned LOLO has received a large amount of business since opening and the amount of business has not changed month to month since the beginning. They have a very stable base of customers that are both local and from out of town. LOLO has always wanted to remain a local restaurant and serve the people here in Stillwater. LOLO has been very successful in this area however the one major problem of the restaurant is the amount of seating. The main level restaurant holds only 62 seats which lead to long wait times and lost business in a lot of cases — especially weekend days. So with the moving of the 2nd floor office tenant (HAF Group) this made an openings for the restaurant to provide some added seating and keep some of the customers that would otherwise move on to another restaurant. Overall scope of project: 1. Added seating 2. Same ownership group 3. Hours of operation will depend on demand but will close at the same time as the restaurant 4. Small plates served 5. Drinks served 6. Office space 7. Reduce wait times 8. No exterior work 9. No rooftop access IIPF GROUP 1./5 c I RFF 1 1-Ill1 i3ON, WI 51111 C PI I: ilf)-808 8(:I5 VVVv'N.I In1 /vRCI III L C I S (:OM HAF GROUP The second floor expansion involves three key areas. The first area being the seating area — the seating area is based on continuing the small environment of the main level. The plan shows a total of 8 banquet style seats, 6 bar seats and 12 lounge seats. The second area is the bar area. This bar area is very similar to the main level bar and will have similar interior design. The bar can accommodate 6 seats and will provide the drinks for the 2nd level area. The third area are the back of house areas — including 2 large offices and a prep kitchen. Currently LOLO does not have an office located within the building. They have a rented office in the brick alley building and this has always been a challenge. Because of the lack of space on the main level there has always been a problem with office space. With the second level expansion we can accommodate 2 offices that will allow LOLO to have all of their main operations in Stillwater. Overall we believe that with this expansion we can meet our goals of adding office space, adding seats, and providing better wait times and thus increasing the flow of the main level restaurant. This expansion will relieve congestion on the main level and provide better wait times. Thanks, Matthew Hoefler, Partner HAF Architects, LLC HAF GROUP 175 2'"' STREET S. HUDSON, WI 5401E PH: 7'15-800-8575 WVNW.HAFARCHIT ECTS.COfv4 directory CLIENT index to drawings HAF ARCHITECT IAF ARC• IIIEOTS. LLC 233 SOUTH MAIN STREET STILLWATER, MN 65082 CONTACT: MICHAEL O. HOEFLER EMAIL: s*l. hNrdMxb com PHONE: 681.361.1160 FAX: 8514304180 BUILDER HAF CONSTRUCTION, LLC 23T0C lIIMAIN6TR£Ar STILLWATER, MN 65082 CONTACT: DAVESLETTEN WA; I�aaUl,c,.mr.Ms mM PHONE: 651J61-1T60 FAX N61-430.0180 —code data LOLO 2ND FLOOR 2 N D FLOOR REMODEL, STILLWATER,MN 5 5 0 8 2 D oEO.,m OCCII melt ImPAPPI ACT OM OW MIMI OP OF OM NA IWO ELT 0•2 Aw MP AM Mare 1.. IICAICAALZ ALCM HAM II MEMO WM AMP ACM Aus u1a„mcm.LO 0.o w,+, MAI MAIM MOM 00.10 YAW IMIEM 11. Ni TECO sumo wwl 1. Bum MAT IMMO ARMO..MMa.1 CAP UMW. CAW MOP co COMMA CHWATIM 0111010 oM� a.w CAM cut Qom VAR CO MAW MEMO OCIA MAN cONE COMMA Mao 001WWI E M. CCM COMM Icn COW MAWR CM clamp.. Ca1r. Caa1M.n.ra. ROMP RFT mow. MUM ummirt cr co FT CUOMO PPM PP TO OWC VAM. COMMA OOLT MAMA BOLT FRATEWM1 ELL. ELLEAM omm IIAMIPMEOW MT TA Aft mom Hamm FRC FEE mom. MRS FAME sum Mom MC milig FE Fla ncnlil cm, PO Emma MCP. 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PI W PIET MTH woio waRMIWER PRIWWW Imo Y ARCHITECTURAL: T1.0 TITLE SHEET Al 0 SITE PLAN Al l AS-BUILT/DEMOLITION PLANS A1.2 PROPOSED PLANS Al 3 REFLECTED CEILING PLANS record loouG date: description: sheet no. 08-18-2017 PLANNING SET ALL GROUP ARCHITECTURE D E V E I O P M E N 1 CONSTR UCTION 2]] OULH.MAIN-STREET S I A I E I M S S O B] • I, ` 5 5 1. 0 1 1. 1 2 6 0 HF ARCHITECTS 0014411 6ICM111C11 1uC ARCHITECTURE P L ANNING INTERIORS IHONA IAR, 233 SOUTH MAIN ST• STIIIWATEW MN 6 6 1• 3 a 1. 1 3 E 0 A a 1 .. 6* 0 0 1 1,0 WHAr RCHI ECTS.COM WWW FACEIOOE,C OM/HA AICHITECTS HTrP,//HA?AICHITECIS 1,00310T.00M HF CONSTRUCTION INON6 TAIL 333 SOUTH MAIN STILLWATER, MN 6 5 1. 3 3 1 6 3 1- 4 5 0 -0 1 1 O LOLO 2ND FLOOR STILLWATER ELM 10111 NW EMI r u c• TITI T SI IEE 5 • T1.0 Xref \\HAFNAS1\Hat HAF Architects \2015 Prolects\15.032 - Bronze \ DWG \15-032 XX-TBLK 24x36.dwa ADJACENT TENANT 11 MARX. RESTAURANT 0 SITE PLAN J EXISTING 46. RETAIL BUILDING 1I c HAF GROUP ARCHITECTURE DEVELOPMENT CONSTRUCTION 233 SOUTN.MAIN STAEET 3 1! L W A T E 1, M N. S SOS 2 P H, 6 3 1. 3 S 1 1 7 6 0 HF ARCHITECTS 4101.11r. A.CaI 11C 11 .![ ARCHITECTURE PLANNING INTERIORS 233 SOUTH MAIN ST. STILIWATSS. MN e! - i 3 ) e 0 PAX. 6 3 1- 3 3 0. 0 1 1 0 WWW HAPARCHITSCTS COM W W W.FACESOOK. C OM/NAFAI CHITECT3 HTTPi//NAPARCHITSCTS I1.005IOT.COM CONSTRUCTIONHffIF �o1�I L.•eOH.E. 6:c.1 oa. 11.0 233 SOUTH MAIN ST. STILLWATER, MN 6 5 1- 3 6 1 2 6 0 6 S 1- e 3 0• 0 1 1 0 LOLO 2ND FLOOR STILLWATER SRE PLAN: A1.0 CBD 0- 4 OPEN OFFICES OAS -BUILT SECOND LEVEL FLOOR PLAN 114,1',0' -_ zimr REMOVE EXISTING 174 SQ. FT. OF CARPET - PREP FOR NEW FLOORING FINISH REMOVE EXISTING �— M WALL W ITS ENTl6Ery • .i I REMOVE EXISTING WALL IN ITS ENTIRETY. F. 9'-10' 14'-9' ADJACENT TENANT ADJACENT TENANT r.Ia I4-r EXISTING DUCT CHASE-] PROTECT DURING CONSTRUCTION - TYP. ---- _,-_�___y, NOTE: ALL OESXB TO 9E REMOVED IN THEIR. ENTIRETY - TYP. ACCESSIBLE RESTROOM REMOVE EXISTING 169 SQ. PREP FOR NEW FLOORING FINISH — REMOVE 64133 ING WALL. IN ITS ENTSL3TY 0 UP 9 CONFERENCE ROOM 1R'-7" 18,0' ►— REMOVE EXISTING. WALL IN ITS ENTIRETY - I REMOVE EASING CABINETRY r. AND PLUMSMIG FIXTURES -CAP f` OFF PLLMBING AS REQUIRED r. REMOYB EXISTING RECEPTION DERN IN ITS t^NTIRE PT - REMOVE EXISTING 294 S0. EXISTING 1IL100 DUET AAJA0I=NN'ETaGNSO§RNG FLOOR -- - REMOVE EXISTING IRS 90. FT OF CARPET- PREP FOR REMAIN- PROTECT DURING AND WALL TILE - PREP FOR FT. OF CARPET- PREP FOR NEW FLOORING FINISH CONSTRUCTION NEW TILE FINISH NEW FLOORING FINISH °DEMOLITION SECOND LEVEL FLOOR PLAN RELOCATE EXISTNG STOREFRONT - SEE PROPOSED PLANE FOR AOOITLONAL NOTES & INFORMATION REMOVE EXISTING DOORS IN MEW ENTIRETY RE/ OVE EXISTING WALL 1N ITS VETNTETY REMOVE EXISTING 164 SO. FT. OF CARPET - PREP FOR NEW FLOORING FINISH 0 0 (7)) HAF GROUP ARCHITECTURE DEVELOPMENT CONSTRUCTION 199.SOUTM.MAIN 5Tl!!T STIILWArl I,MNS50R] PH, 4 1 1. 3 1 1. 1 7 4 0 HF ARCHITECTS Hp IrL00 ..1.11Il,. •• ARCHITECTURE PLANNING INTERIORS 119 SOUTH MAIN ST STILLWATER, MN PMONe a! . 1! I) 0 0 rAp S I. 49 0. 0 1 E O W W W- N A. A I C N 1 T I C 1 E C A M WWW ACEIOO[COM/HAEAICHITECT1 HTTI,//HAIAICH ITICTS. I LO01POT.COM HrAF CONSTRUCTION Op CNSIITC9104•I1C. 993 SOUTH MAIM fT STIIIWATl1, N 9 S 1 . !! 1. 4 9 0. 0 1! 0 LOLO 2ND FLOOR STILLWATER 24110 LEIN AS-BUILTIOEMOLITION FLOOR PLANS: A1.1 PROVII1E 2x0 WALLS Wl5/B GYP. BD, EACH SIDE 27'-B NEW GAS WATER HEATER - GAS TO CONNECT TO EXISTING GAS LINE ON MAIN LEVEL PREP, ...2UFDD-ET_ - 7W S.FJDCc°= ... 2QCt'.. PROVIDE 2x0 WALLS WI 5/8' GYP. BD. EACH SIDE EXISTING CHASE - PROVIDE NEW 3RE RATED WALL (WP36901 AROUND STAIR -TYP- E 160 SO. FT. 100 S.F./OCC. 2 OCC - • - PROPOSED SECOND LEVEL FLOOR PLAN lN•=1F41 22'4P — REMOVE EXISTING WINDOWS IN THIS STAIR- INFILL OPENINGS W/ NEW BEE RATS! WALL ;WP3 1. CDPROPOSED MAIN LEVEL FLOOR PLAN 10 RATED STAIRWAY ?R'4' 14°4' — PRILIDE NEVICRANCeNTETUNDPIT DOOM W/ HOLLOW METAL FRAME - TO MATCH FIRE RATING O EXIT OFFICE RELOCATED INTERIOR 108 SO. FT. STOREFRONT• MODIFY 100 S,FJOCC. = AS REQUIRED 2 OCC PROVIDE 2x4 WALLS // 683' GYP. BD. ON ONE SID AROUND HOOD DUCT,- TYP I`• ADJACENT TENANT ADJACENT TENANT 16'•2' PROVIDE NEW GATE TO MEZZANINE STAIRS ACCESSIBLE 2, RESTROOM (;)-. G sQ.7T. FJA CC. 17771777 R 136 AOIFY. 20D 6,FJ905/i/� JP- 39- 1 1S'-0' — PROVIDE NEW PRE -FINISHED METAL RAILING AROUND STAIRWAY DINING n so FT 7^. x*' S S.FJDOC. I 0 oc0 — PROVIDE NEW METAII STAIR RISERS AND TREADS AT THISISTAIR ONLY BAR/PREP EQUIPMENT SCHEDULE EQUIP. NUMBER MODEL BRAND MODEL NUMBER DIMENSIONS 1 PERLICK T'TD 1001.W 12'W x 29 3/09 x 389 2 REGENCY 000031111.1131 r I -111-,WA ID 3i.111 x 3Y1 1 3 PERLICK TS4A 4rW x 113129 x 369 4 PERLICK SR-S38 38°W 5 PERLICK TS38IC70 30°4V 0 10 10°0 R 3B°N B PERLIC SR-D38 38'W 7 AVANTCO UBB-720-I-IC 723/4'W x 253/49 x 38 5/8'H 8 AVANTCO UBB-NOG-HC 60 3/4'W x 253/49 x 366/89 B _ SCOTSMAN CU1526SAAA 251W x 27 3/89 x 38 3/49 10 AVANTCO 178CFD2FF 541W x 321/413 x 82 1/2'H 11 AVANTCO 175CFD2RR 5414 x 32 1/4'D x 82 129 12 EAGLE GROUP 310-10-3-24 Bow x 2113 x 4195 13 REGENCY SEHS17 17°W x 15'D x 13129 WALLS AND INTERIOR PARTIT DNB, WOOD -FRAMED GA. PILE NO. WP 3RS0 GYPSUM WALLBOARD, WOOD STUDS O00 NI6T S9.4W X 334.43.te4M NON4 al n2131 e334..33 FSd, NOB 412 313 .aOO YAP 16a c. .6S 2 IM• TSp.3 uW eredl ec,ww r 0 c Volt. 02.112 NNTM IT 02. IwrtaWIsb e.OGe.43e•0c on 0,200. mks TeL04 i65 IMP pet s4 or 100 perm. W 81041 tm6 (LOAD4EARIN0/ 1 HOUR 3 ' ITkb..¢ BOW PLOW . 55.4" a pl F/. Tw1 ITS 529.224412 law ESIBL Elea. HAF GROUP ARCHITECTURE DEVELOPMENT CONSTRUCTION U T TH E°RMAMIN - 55T5R 0E E STILLW N-B5 T P H, 6 5 1. 3 5 1. 1 1 6 0 HIMIF A R CHITECTS .o1 FleF e.geeleil• lig ARCNIPECIORE P 1 A NNING I N 1 4 1 1 0 0 3 SSS SOUTH MAIN ST STILLWATER, MN 6 S - 2 f 6 U 651 34-011 W, RCNITECTS.COM WWW-FACFROOK.COM/NAPARCHITECTS HTTP.// HAPARCHITECTS.R LOOSPOT.COM HF CONSTRUCTION R UC T IO N 4011114 tyM 533 SOUTH MAIN ST. STILLWATER, MN 6 a - 3 5 1 7 6 0 6 3 1- 4 l 0. 0 1 1 0 LOLO 2ND FLOOR STILLWATER 0411 01410. Pew. SSW .YW .L.eA.4 6F, T 1111. MA11ON, PROPOSED FLOOR PLANS: Al .2 AS -BUILT SECOND LEVEL REFLECTED CEILING PLAN 1/4'=1'-0' 274' ADJACENT TENANT ACCESSIBLE RESTROOM 0 0 ADJACENT TENANT 0 0 te.T. 7B'4' 14'A' J N4 OFFICE 13 10 ®PROPOSED SECOND LEVEL REFLECTED CEILING PLAN 1/4'=1'.O RATED STAIRWAY IE ADJACENT TENANT IMO ATEO EMT SION V.. iE • 11 • ACCESSIBLE RESTROOM • • 0 ADJACENT TENANT BA R DINING CONFERENCE ROOM DINING 0 HAF GROUP ARCHITECTURE DEVEL OPMENT CONSTRUCTION 233.SOUTH MAIN STREET STILLWATER,MN.SS 032 P H r 3 S 1. 3 3 1 1 7 3 0 ARCHITECTS ARCHITECTURE PLANNING INTERIORS 3 SOUTH MAIN N T. STILLWATER,M PN ONe e I ] S Rl S P A,v i A 3 u o e 0 o . NAPAICNITRC-1R.COAL fACE1004.00M/HASASCH TECTS HTTPr// HAPARCHI TCCTS.S LO OSP OT.COM H1F CONSTRUCTION X44411P. oo•P13•C11aM 111 OS3 SOUTH MAIN ST. S TILIWAIl Ir MN n ON6 S S - 3 3 1 R 3 0 PAa S S I- 4 3 0. 0 1 h 0 LOLO 2ND FLOOR STILLWATER iiF,MA N9EILI*r FLEGTFD CNG PLANS: A1.3 Larson !nglnNring, Inc. 3524 Labors Road White Bear Lake, MN 55110-5128 651.481.9120 Fax: 651.481.9201 www.lareonengr.com 5 Larson August 14, 2017 HAF Architects Mr. Matt Hoefler 175 Second Street South, Suite B Hudson, WI 54016 Re: Floor Evaluation LoLo American Kitchen & Craft Bar 233 Main St. N Stillwater MN 55082 Dear Mr. Hoefler: This letter is in responds to your request for the structural evaluation of the second floor at the above referenced restaurant. The existing second floor was originally designed for mixed occupancy. The west side of the floor was designed for office occupancy (65 PSF) and the east side was designed for lobby occupancy (100 PSF). The owner now wishes to use a portion of the office occupancy as a prep kitchen (100 PSF). There are no structural members which fail in stress with the increased loading. When fully loaded, some structural member's live load deflection are greater than the design serviceability. When fully loaded, this level of deflection may be noticeable. It is the responsibility of the owner to accept a live load floor deflection up to 1.1 inches within a 22'-8" span. Please give me a call with any questions. Sincerely, Larson Engineering, Inc. Norman Dupre IV, FIT Douglas R. Hughes, PE Design Engineer Department Manager Receipt:# 195887 Attested Copy USE AT $46.00 $2.00 Return to: G - CITY OF STILLWATER 216 N 4TH STREET STILLWATER MN 55082 3897679 II II II I II II II II I III II II II I III III II II II I II I II Certified Filed and/or recorded on: 7/19/2012 10:07 AM 3897679 Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder State of Minnesota City of Stillwater City of Stillwater Commission Proceedings In the Matter of Planning Case No. Owner: Watermain Crossing LLC Order Granting a Variance and a Conditional Use Permit The above entitled matter came to be heard before the Planning Commission on the 14th day of May, 2012 on a request for a variance and a conditional use permit pursuant to the City Code for the following described property: 229 Main Street South GEO Code: 2803020410032 Legal Description: See attached Exhibit A Purpose: 1) A variance to the parking regulations and 2) A conditional use permit to construct a two-story building in the St. Croix River flood fringe. Upon motion made and duly approved by the requisite majority of the Planning Commission, it is ordered that a variance be granted upon the following conditions of approval: 1. Approval from the Minnesota Department of Natural Resources. 2. No storage shall be permitted below the regulatory flood protection elevation. 3. The occupants of the building shall follow emergency response procedures during the flood conditions. 4. The applicant shall follow all requirements of the State Building Code for flood proofing for conditional uses in the flood fringe. 5. The building owner(s) must purchase 22 parking permits each month to compensate for the deficit in on -site parking if the first floor is used as a restaurant or 16 parking permits each month to compensate for the deficit in on -site parking if the first floor is retail use. Dated this loth day of July, 2012. Bill Turnblad, Community Development Director r Receipt:# 242948 Attested Copy USE AT $46 00 $2.00 1g71059 Return to: CITY OF STILLWATER 216 N 4TH STREET STILLWATER MN 55082 State of Minnesota City of Stillwater In the Matter of Planning Case No. 2013-24 Owner: HAF Red LLC Order Granting a Special Use Permit r, Certified Filed and/or recoraeo 11/8/2013 2:09 PM 3971059 Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder City of Stillwater Planning Commission Proceedings The above entitled matter came to be heard before the Planning Commission on the 14th day of October, 2013 on a request for a special use permit pursuant to the City Code for the following described property: 233 Main St So GEO Code: 2803020410157 Legal Description: See attached Exhibit A Purpose: A special use permit for a restaurant, Bar Lolo American Kitchen. Upon motion made and duly approved by the requisite majority of the Planning Commission, it is ordered that a Special Use Permit be granted upon the following conditions of approval: 1. Building permit plans must be approved by the fire marshal and building official prior to issuance of a building permit for any interior alterations. 2. No outdoor seating is permitted. 3. Prior to installing any exterior signage, a design review application must be submitted to the Heritage Preservation Commission for review and approval. 4. All trash must be stored inside or in the combined trash enclosure on Water Street. Dated this 31st day of October, 2013. Bill`I'tfrnblad, Community Development Director CITY OF STILLWATER Case No.: 2014-15 ORIGLNAL Permit Fee: $275.00 Paid: 4/18/2014 ZONING PERMIT Permit Type: Special Use Permit Planning Commission Meeting Date: 5/12/2014 Action/Vote: Approved 9-0 Description of Project: Request for a Special Use Permit amendment for the addition of a deck seating area to the east of the building. This will allow an additional 24 seats when weather permits.Located at 233 South Main Street. HAF owner, Joe Elhenz, applicant. Applicant(s): HAF, Owner Joe Elhenz, Applicant LOLO Kitchens, Business Project Address: 233 Main Street South, Stillwater, MN 55082 Property ID No.: 2803020410157 Zoning District: CBD Conditions of Approval: 1 All exterior designs shall obtain a Design Permit from the Heritage Preservation Commission prior to installation. 2 All trash must be stored inside or in a trash enclosure if outside. A design review permit is required for any outdoor enclosure. 3 Alternative provisions to the parking regulations, as determined by the Downtown Parking Commission, shall be. incorporated into the Special Use Permit conditions of approval. 4 Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 5 All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. We accept the conditions of this permit. We understand that any changes from these plans must be resubmitted for approval. Owner or Representative Date Community Development Director 015 -22-20(4 Date A zoning permt is granted pursuant to the zoning ordinance and is not a substitute for a building permit. A building permit is issued by the city building official after approval of the plans and payment of the building permit fee and state surcharge. This zoning use permit will be null and void if the project that is permitted by this zoning use permit is not completed within two years from the date the permit is granted. RESOLUTION 2016-051 ACCEPTING QUOTE FOR CONSTRUCTION OF WATER STREET DUMPSTER ENCLOSURE AND SIDEWALK WHEREAS, staff has been working with the business owners of Marx, Lolos, HAF Architects and 45 Degrees, as primary users of the dumpsters, have agreed on the location; and WHEREAS, the dumpster enclosure would be located on two parking stalls on Water Street and centered on the Marx and Lolo property line and match the existing dumpster enclosure further north on Water Street; and WHEREAS, included with the dumpster enclosure, it is proposed to install better access from the existing sidewalk south of the dumpster location. Currently, the existing elevated walk exits, via a ramp onto Water Street, with no easy access to the existing sidewalk to the north. WHEREAS, two quotes were received for construction of the enclosure and the sidewalk connection, with Curbmasters providing the lowest cost of $32,000; and WHEREAS, the work would be paid for by payments received from the lease of the Municipal Barge Property. NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves the construction of dumpster location and sidewalk by Curbmasters at a cost of $32,000. Adopted by the Stillwater City Council this 8th day of March, 2016. Michael Polehna, Vice Mayor ATTEST: gerzi. L.4 Diane F. Ward, City Clerk ' 1I E BIRTPIPIACE 9 F MINNFSOITA PLANNING COMMISSION MEETING DATE: September 13, 2017 CASE NO.: 2017-40 APPLICANT: Dan Thurnes, Cornerstone Land Surveying, representing Stephen and Barbara Kochendorfer, property owners REQUEST: 1. Rezoning from AP, Agricultural Preserve, to RA, One -Family Residential 2. Preliminary Plat approval of Neal Meadows 4th Addition, a 3 lot residential subdivision at 8080 Neal Avenue North 3. Final Plat approval of Neal Meadows 4th Addition COMPREHENSIVE PLAN: LDR, Low Density Residential REVIEWERS: Community Development Director, City Engineer PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND Stephen and Barbara Kochendorfer plan to subdivide 1.25 acres of land located at Lot 6, Block 2, Neal Meadow (8080 Neal Avenue North). A total of three lots, to be known as Neal Meadows 4th Addition, are proposed. The Kochendorfers would retain the easterly lot that contains their residence. The westerly (approximately) 25,000 square feet, adjacent to Creekside Crossing, would contain two new lots which the property owners intend to sell. SPECIFIC REQUEST In order to subdivide the property as proposed, Dan Thurmes, applicant, has requested approval of the following: 1. Rezoning to RA, One -Family Residential. 2. Preliminary Plat of Neal Meadows 4th Addition, a three -lot single family subdivision 3. Final Plat of Neal Meadows 4th Addition EVALUATION OF REQUEST I. REZONING The proposal includes a request to rezone the property to RA, One -Family Residential. The Comprehensive Plari s guided use for the property is Low Density Residential, for a total of 1 to 4.4 units per acre. The proposed rezoning is consistent with this future land use classification. II. PRELIMINARY PLAT Lots Lot 1 Proposed Lot 2 Proposed Lot 3 Proposed Minimum Lot Width (75') 180' +/- 90' +/- 90' +/- Minimum Lot Length (100') 160' +/- 138' +/- 143' +/- Minimum Lot Area (10,000 s.f.) 28,945 s.f. 12,514 s.f. 12,706 s.f. Lots as proposed conform to the minimum standards set forth for the proposed zoning district. While the Preliminary Plat and Conceptual Grading Plan indicates a 'possible future lot' to the north of the Kochendorfer's property, this lot is not a part of this subdivision. It was merely designed to show the existing eastern half could be split into two conforming lots in the future. Engineering and Streets City Engineer, Shawn Sanders, has reviewed the preliminary plat. As no public improvements are required for this subdivision, no Developer's Agreement is required. However, the property is located within certain districts requiring the payment of development fees. The following development fees will be required at the time of the release of the executed Final Plat from City offices. Fees quoted are based on 2017 rates; rates may be adjusted, annually. • Transportation Adequacy/Mitigation Fee: $8,120/acre • AUAR (Storm Sewer) Fee: $5,912/acre • Trunk Sewer and Water Fee: $10,326/acre Since the development impact fees are payable only on the new building sites (0.586 acres), the total fees if paid in 2017 will be $14,273.79. Although the City of Stillwater owns a small strip of land between the Creekside Crossing right-of-way and this property's western boundary, the City obtained those lands for access to this parcel. Therefore, driveways developed to City standards may be constructed off of Creekside Crossing at the time of development of the two new lots. CPC 9/13/2017 8080 Neal Avenue North Page 2 of 5 No comprehensive drainage plan is required for subdivisions that contain less than four lots. Sanders has indicated the drainage and utility easements, those customary and in excess of traditionally sized easements, will help address the onsite drainage needs. Park and Trail Dedication The Comprehensive Plari s park element shows no planned parks on or through the property. So, the contribution to the park system would likely have to be in the form of a fee in lieu of land, which would be $2,000 per new lot created. In terms of trails and sidewalks, a sidewalk on the west side of Creekside Crossing exists. While a trail is proposed for Neal Avenue North, it is proposed to be constructed on the east side of Neal Avenue. Therefore, no sidewalks or trails are proposed on the property. Therefore, the contribution to the trail system would have to be in the form of a fee in lieu, which would be $500 per new lot created. Therefore, the total park and trail fee would be $2,500 for each of Lots 2 and 3, for a total of $5,000. As with the development fees, this will be payable prior to release of the final plat from City offices. Tree Preservation and Landscaping As the property owner does not intend to grade the land area of the new lots, less than 35% of the significant trees and less than 50% of the vegetation crown cover on site would be removed. Therefore, no tree replacement would be required by the zoning ordinance for this residential development. The subdivision ordinance requires three trees on average for every planned lot (City Code Ch. 32, Subd. 5 (13)(q)(1)), whether tree replacement is required by the zoning ordinance required for the 2 new buildable lots requested in this preliminary plat. CPC 9/13/2017 8080 Neal Avenue North Page 3 of 5 or not. So, a total of 6 trees would be However, City Code Section 32-1, Subdivision, Subd. 4(9) indicates alternative design standards may be considered when there are 'unique conditions'. Since the property has many mature trees, and none of them will be removed to develop the lots, the City should consider waiving the requirement for the landscaping trees. ALTERNATIVES A. Approval If the Planning Commission finds the public necessity and the general community welfare warrant the rezoning and that amendment is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan, then the Commission should move to recommend approval of the rezoning of the property at 8080 Neal Avenue North to RA - One Family Residential. If the Planning Commission finds the Preliminary and Final Plats to be consistent with the purpose of the Subdivision Ordinance, the Commission could move to recommend approval, with or without conditions. B. Table If the Planning Commission finds that the application is not complete enough to make a decision, it could continue the review for additional information. C. Denial If the Planning Commission finds the proposal is not consistent with the requirements set forth for Zoning Map Amendments, or Preliminary and Final Plat review, the Commission could recommend denial of the application. The Commission should indicate a reason for the denial and state whether or not the denial is with prejudice. FINDINGS AND RECOMMENDATION Regarding the rezoning, staff finds public necessity and the general community welfare warrant the adoption of the amendment and that the amendment is in general conformance with the principles and policies set forth in the comprehensive plan and any adopted area or specific plan. Regarding the Preliminary and Final Plats, staff finds both to be consistent with the purpose of the Subdivision Ordinance. Therefore, staff would recommend a Planning Commission recommendation of approval with the following conditions: 1. All future electrical and communications utility lines shall be buried. 2. If determined acceptable by the Park and Recreation Commission, this development will be responsible for paying $5,000 to the City for park and trail dedication fees. These fees will be due prior to release of the final plat from the City for recording with Washington County. CPC 9/13/2017 8080 Neal Avenue North Page 4 of 5 3. This development shall be responsible for paying 2017 development impact fees including the Transportation Adequacy/Mitigation Fee, the AUAR fee and trunk sewer and water fees. Rates may be adjusted, annually. These fees shall be due prior to release of the final plat for recording with Washington County. ATTACHMENTS Site Location Map Preliminary Plat Concept Grading Plan Final Plat CPC 9/13/2017 8080 Neal Avenue North Page 5 of 5 vs..,,, - liimater The •„• Birthplace of Minnesota W'rAtIE 1'k��. MI -.. ,. E Site Location Map 8080 Neal Ave North 4 �yP� �� - �, WALNUT CREEK DRIVE ; �! /,,. ". ,.." F� p ‘11I" O GAP Z� < �� i - C.)- > sus 4 a a' lh�'a iy — � �! r• � p rG 0 215 430 860 Feet Q �, �. �: Z bo `* - 1 • It'. •—{ -► .,; ' 'y General Site Location w ira it , ` _ • , d,L..�..�.. �..�..�.. 7 1. �..�...�. • • - ' X 890.3 r1 r r1 r- ;/ h(Y- I-- H/ . I`IL I I 1 L- L- / �/ / _ rl /1 I `/ I h' t/- LEGAL DESCRIPTION: 889.9%�i O r X830.6 4!)q8 n 89 X89l.3 n X8'11.6 °,0 ITC X 892.0 6 X 892.4 X 893.2 12" gq3, / X832.3 F X 892.3 X 892.8 FOUND 1/2 INCH IRON PIPE MARKED "STACK" 9 X 892.8 10 PER 6--PLAN 0- CO �qo CZ) < oo 89/.0 �89 `86c h 8-4 �08 Lot 6, Block 2, NEAL MEADOWS, Washington County, Minnesota EASEMENT VACATION X 892.5 X ;FENCE 12" POST � I of I PER PLAN 4 X 891.7I X 892.3 X891.q X 891.6 14" h 14" THE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITY EASEMENTS COVERING THE EXISTING LOT 6. NEW EASEMENTS WILL BE DEDICATED ON THE PROPOSED PLAT OF NEAL MEADOWS 4TH ADDITION. Those particular Drainage and Utility Easements over all of Lot 6, Block 2, as dedicated on the plat of NEAL MEADOWS, Washington County, Minnesota. DEVELOPEMENT DATA TOTAL PARCEL AREA = 54,473 SQ. FT. LOT 1, BLOCK 1 = 28,946 SQ. FT. LOT 2, BLOCK 1 = 1 2,636 SQ. FT. LOT 3, BLOCK 1 = 1 2,891 SQ. FT. BUILDING SETBACKS: FRONT = 30' REAR = 10' REAR = 25' MAX 30% LOT COVERAGE X 892.4 ea ea m 12" X 891.9 12" 0- 969 X 892.1 14" X 892.6 BSB X892.6 X 892.5 10" X 892.8 -x 86e.9- BSB X 832.616" + 3 � � 1 � 1 1\ \ < \ / X892.4, 1z` v C I \ 959 969 24"TWIN X892.4 12" X893.0� N89 ST 4-W 141.10< 959 5 8q(Z 9S9 X593.0 BENCHMARKS X +93.0 ELEVATIONS BASED ON NAVD 88. SURVEY NOTES: 14" X 8113.2 9S9 L 24" 3D X 833.1 co N X 893.4 11) X 6) -- 20 L 10" X 893 8 N89°51'43"W 0 303.93 -- X 893.6 �-20 61' 3 X 834.2 X 894.0 CO 24.0 1 . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWAER PUBLIC WORKS DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 0D 16"TWIN 10 893.9 15" Od°Q moo BLOCK 1 X895.2 . I /T5° X1835.3 X 894.9 9S r < 4 X 894.7 I X 894.4 X534.2 --� b X 894.4 X 894.7 X 834.7 10 298.28 S89°51 '43 "E A-- 4 20" 9 I 9S9 X 895.1 "TWIN • 12'v O 6 X8951 \ POSSIBLE 896.0 X 895.4 0g56 X8 5.3 saSgX 10" 1N 14" X835.4 X 835.5 X 895.3 k X 895.7 FENCE /60. 00 0- 0 J. FUTURE LOT I (12,800 SQ. FT.) X8g521 ' 895.4 / I I 1 1 1 I S 1B58 BB 1 I 1 I I X895.5\FUTURE LOT 895.9 X EIRE- PING X 836.3 CLUE 1P'+ 16" 8"TRIP 62.7 7 X 837.3 X 89...8 668 897.3 X 9 10"TRIP �- 4)q� 837 8"+8 96. 6. 0- 0- CO X 896.7 X897.0 898.7X DECK 9S9 X 836.2 O: 6+ X837_7 __ X 897.2 • xX8 .9 16J 9S9 / 0.60 X 896.1 k 67 00 k9------ 3D X 896,5 12", 9 X 897.3 ki.897.0 ea en 1837.4 en m PER PLAN 0,Q e9& d r / do° ovO 899.5 4 X899.4 X 899.4 7 6< 40 \� 12" / /2 /21I �0A X 899.2 /2" 12" +9> ,0- 4q.7 X 833 5 / 833.0 36.0 PER PLAN 828 9 El 899.3 WELL 1 N\ 896. 0- --+J O * 898.7 e9 T X896.2 / UNDERGROUND UTILITIES NOTES: QUAD" 18 THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET NUMBER 171861159. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 X 898.2 X 898.1 X 898.3 6 12" X898.7 14° X899.2 12"/- 12" X 8'8.8 7 X 89 n n X 896.8 0 CO n o co Is -71 89>6> 67 ro LICHT 00 10 8" cr LEGEND: • FOUND MONUMENT SET 1/2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN 10 or [i] STORM DRAIN FLARED END SECTION STORM MANHOLE lAcl IEPI ITPI 0 Or CD X 896.3 X 897.4 X 837.7 X 838.7 oo PEC PLAN PER PLAN FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL . CONIFEROUS TREE DECIDUOUS TREE 0 20 UE UTV OF UT OU UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] 40 CONCRETE SURFACE BITUMINOUS SURFACE 1\1 EA L_ m EAIDOWS 4TH ADDITION PRELIMINARY PLAT OWNER: Stephen and Barbara Kochendorfer 8080 Neal Ave. N Stillwater, MN 55082 651-439-5997 COUNTY/CITY: VICINITY MAP NOT TO SCALE DATE 8-9-17 WASHINGTON COUNTY, MN REVISION CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Date: 8-9-17 PROJECT LOCATION: CO E; CO NEAL. AVE. N. PID#1 903020440004 Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. NORTH PRELIMINARY a 2.0 % i X 892.3 X 892.8 FOUND 1/2 INCH IRON PIPE 10" i� MARKED "STACK" 14" `b91/X o X892.E 2.0 % r F(f f- . // rA L(/ r ///-- e �� /r</ // /- - r\ LEGAL DESCRIPTION: - - L 89, Lot 6, Block 2, NEAL MEADOWS, Washington County, Minnesota EASEMENT VACATION GI I fi 24" X 892.5 12" THE FOLLOWING REQUEST TO VACATE ALL EXISTING DRAINAGE AND UTILITY EASEMENTS COVERING THE EXISTING LOT 6. NEW EASEMENTS WILL BE DEDICATED ON THE PROPOSED PLAT OF NEAL MEADOWS 4TH ADDITION. Those particular Drainage and Utility Easements over all of Lot 6, Block 2, as dedicated on the plat of NEAL MEADOWS, Washington County, Minnesota. DEVELOPEMENT DATA TOTAL PARCEL AREA = 54,473 SQ. FT. LOT 1, BLOCK 1 = 28,946 SQ. FT. 42.30 0 Hi oo MMMMMMMMMM 2.0 % 41.00 0 II cc It- 41.00 1.6 % 16 2 BENCHMARKS 12" ouo /12 ELEVATIONS BASED ON NAVD 88. SURVEY NOTES: 14" . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWAER PUBLIC WORKS 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 20 N89°51'43"W 303.93 00,3 894.3 894.6 co 10 93.9 CO co co BLOCK 1 298.28 S89°51'43"E 20" 16" POSSIBLE 14" co 'A -FUTURE LOT (12,800 95.4 SQ. FT.) \ FUTURE LOT 96 FIRERING FxENCE 0 22.3 50.00 14" 0 0 MMMMMM 97.0 11111im- NIB INE-M-L 62.7 811 co UNDERGROUND UTILITIES NOTES: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN COMPROMISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE INFORMATION AVAILABLE. THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. GOPHER STATE ONE CALL LOCATE TICKET NUMBER 171861159. SOME MAPS WERE RECEIVED, WHILE OTHER UTILITIES DID NOT RESPOND TO THE LOCATE REQUEST. ADDITIONAL UTILITIES OF WHICH WE ARE UNAWARE MAY EXIST. CALL BEFORE YOU DIG! Gopher State One Call TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 9.0 PER PLAN 12" X595.7 12" 22" (998 • FOUND MONUMENT CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER (:c LIGHT POLE GUY WIRE -0- POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT 0 SANITARY MANHOLE CATCH BASIN 0 Or 0 STORM DRAIN FLARED END SECTION STORM MANHOLE 8.0 % r co - A CO O • op 0 LEGEND: 597.4 597.7 5.7 6.1 9 900.5 01.0 0 TV ETH 0 0 el AI 0 0 11161 0 PER PLAN PER PLAN FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING TRAFFIC SIGNAL . CONIFEROUS TREE DECIDUOUS TREE 20 UE UTV UF UT OU A A A UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] 40 CONCRETE SURFACE BITUMINOUS SURFACE 1\1 E A L_ EAIDOWS 4TH ADDITION CONCEPTUAL GRADING OWNER: Stephen and Barbara Kochendorfer 8080 Neal Ave. N Stillwater, MN 55082 651-439-5997 COUNTY/CITY: VICINITY MAP NOT TO SCALE CO. RD. NO. 64 MCK.USICK DATE 8-8-17 WASHINGTON COUNTY, MN REVISION CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Date: 8-8-17 PROJECT LOCATION: E; Co Co NEAL. AVE. N. PID#1 903020440004 Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. NORTH CONCEPTUAL GRADING PLAN ll h/ l l f- VICINITY MAP NOT TO SCALE (STATEpeu WOOD 20 MANNING AVE z eR / • (CO. RD. NO. 64) CREEK MCKUSICK 5 BOTH ST OVTWELL RD. N. BD.O TRAIL NS CREEK 2 SEC. 19, TWP. 30, RNG. 20, WASHINGTON COUNTY, MN SITE _ -r NEAL AVE. N. 10 NEAL MEADOWS 4TH ADDITION \ v N89 °51 '43"W 141.10 N89°51'43"W 03.93 - to 7-- iT 7 C L ) 2 --m--1 20 0 co °O 4' BLOCK 1 o r-- '298.28 889°51 '43 "E THE ORIENTATION OF THIS BEARING SYSTEM IS BASED UPON THE EAST LINE OF THE SW 1/4 OF SEC. 19, T30, R20, WHICH IS ASSUMED TO HAVE THE BEARING OF N00°01 '56"E O DENOTES SET 1/2 INCH X 18 INCH IRON PIPE MARKED R.L.S. 25718 UNLESS OTHERWISE INDICATED. • DENOTES FOUND 1/2 INCH IRON PIPE MARKED UNLESS OTHERWISE INDICATED 1 ( 4- 3A , EAST 1/4 w ! COONE2 OF CO <r SEC. Iq, T30, 220, FOUND :5' SURVEY NAIL O N 589°51'43"E N89°51'43"W 1 0.81 32.19 _ y„" - i{ 10 --a-- t\ O co co F 10 --a-- 33 1 ( 33 0- 60 J U 1-- 0/ 0 -mu__,' Q �� 0/O �- - 3-- 32.53 —3/ N89°51'43"W / DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS: (NOT TO SCALE) 5 f 5 10 L BEING 10 FEET IN WIDTH AND ADJOINING STREET LINES AND BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BOUNDARY UNLESS OTHERWISE SHOWN ON THE PLAT. 0-0-0 . 48 S89 51'43"E Qo00 �N SE CO2NE2 OF O (31 SEC, Iq, T30, z 220, FOUND r-' SU2VEY NAIL 11'/I ' "'/ / 1- //l/\1 1 /- - /--LM \/ / /-< • KNOW ALL PERSONS BY THESE PRESENTS: That Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife, fee owners, of the following described property situated in the County of Washington, State of Minnesota, to wit: Lot 6, Block 2, NEAL MEADOWS, Washington County, Minnesota Have caused the same to be surveyed and platted as NEAL MEADOWS 4TH ADDITION and does hereby dedicate to the public for public use forever the easements created by this plat for drainage and utility purposes only. In witness whereof said Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife have caused these presents to be signed this day of , 201___. Stephen J. Kochendorfer Barbara K. Kochendorfer STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument by Stephen J. Kochendorfer and Barbara K. Kochendorfer, husband and wife , was acknowledged before me on this day of , 201___. Notary Public County, Minnesota My Commission Expires January 31, 2020 I, Daniel L. Thurmes, do hereby certify that I have surveyed and platted or directly supervised the surveying and platting of the property described on this plat as NEAL MEADOWS 4TH ADDITION; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; all mathematical data and labels are correctly designated; all monuments depicted on the plat have been correctly set; all water boundaries and wet lands as of this date, as defined in Minnesota Statutes Section 505.01, Subd. 3, are shown and labeled; and all public ways are shown and labeled on this plat. Dated this day of , Daniel L. Thurmes, Licensed Land Surveyor, Minnesota License No. 25718 STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificate was acknowledged before me on this day of , 201___, by Daniel L. Thurmes, Licensed Land Surveyor. Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2020 PLANNING AND ZONING COMMISSION OF THE CITY OF STILLWATER The foregoing plat of NEAL MEADOWS 4TH ADDITION was approved and accepted by the Planning and Zoning Commission of the City of Stillwater, Minnesota, this day of , 201____. By its Chairperson By its Secretary CITY COUNCIL OF THE CITY OF STILLWATER This plat of NEAL MEADOWS 4TH ADDITION was approved by the City Council of the City of Stillwater, Minnesota, this day of , 201___ and hereby certifies compliance with all requirements as set forth in Minnesota Statutes, Section 505.03, Subd. 2 By , Mayor By , Clerk WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 201 By By Washington County Surveyor WASHINGTON COUNTY AUDITOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable for the year 201___, on the land hereinbefore described, have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered, on this day of 201 By Washington County Auditor/Treasurer By Deputy WASHINGTON COUNTY RECORDER Document Number hereby certify that this instrument was recorded in the Office of the County Recorder for record on this day of , 201___, at ____ o'clock ____. M., and was duly recorded in Washington County Records. By Washington County Recorder By Deputy NORTH 0 30 60 SCALE: 1 INCH = 30 FEET SCALE IN FEET CORNERSTONE LANE) SURVEYING, INC liwater THE BIRTH P L A TE OF MINNFSOIA PLANNING COMMISSION MEETING DATE: September 13, 2017 CASE NO.: 2017-41 APPLICANT: Gina Anderson, representing Smart Start Childcare and Learning Center REQUEST: Request for a Special Use Permit to operate a 144-student capacity day care/nursery in the structure located at 14480 60th Street North ZONING: BP-C - Business Park Commercial COMP PLAN DISTRICT: Commercial PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner REQUEST The applicant is requesting a Special Use Permit to operate a 144-student capacity day care/nursery in the structure located at 14480 60th Street North. BACKGROUND Smart Start Childcare and Learning Center has operated in the subject property since October 2013 but was not initially required to receive a Special Use Permit. In August of 2017, Smart Start applied for an increased license capacity with the Minnesota Department of Human Services, prompting the need for a Special Use Permit. APPLICABLE REGULATIONS, GUIDELINES AND FINDINGS The purpose of specially permitted uses is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts or designed or arranged on a site in a certain manner. In approving a special use permit or conditional use permit, it must be determined by the planning commission that: • The proposed structure or use conforms to the requirements and the intent of the Zoning Code, of the comprehensive plan, relevant area plans and other lawful regulations; • Any additional conditions necessary for the public interest have been imposed; and • The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. ANALYSIS AND DISCUSSION Municipal Code Section 31-207 indicates the following must be determined by the Planning Commission prior to the issuance of a Special Use Permit: 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. • Zoning Ordinance o Use: Day care/nurseries are allowed in the Business Park - Commercial District by Special Use Permit. o Parking: With 66 parking spaces provided, the property exceeds the minimum off-street parking requirement of 43 spaces. • Comprehensive Plan - This use is allowed via Special Use Permit in the BP-C District, and the BP-C District is consistent with the Commercial Comprehensive Plan District. Any additional conditions necessary for the public interest have been imposed; and Staff has not identified any public interest concerns. • Miscellaneous o Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Staff has determined that the use of this property as a day care/nursery facility will not constitute a public nuisance. 14460 60th Street North (Smart Start) Case No. SUP/2017-41 (CPC: September 13, 2017) Page 2 of 3 ALTERNATIVES & RECOMMENDATION The Commission has the following options: 1. Approve the Special Use Permit with or without conditions 2. Deny the Special Use Permit 3. Table the request for more information Staff recommends the Commission approve the SUP/2017-41 with the following conditions: 1. A traffic circulation/pedestrian plan must be developed to allow for the safe drop-off/pick-up of students. 2. Any changes in the license capacity of the day care/nursery facility will need to go to the Planning Commission for review and approval. 3. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 4. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. ATTACHMENTS Site Location Map Narrative request Site Plan Parcel Map Landscape Plan 1986 Certificate of Survey 1973 Certificate of Survey 14460 60th Street North (Smart Start) Case No. SUP/2017-41 (CPC: September 13, 2017) Page 3 of 3 w CO WEST ORLEANS STREET WEST ORLEANS Sjillwater STREET _„4 w1 co ¢ 1 The Birthplace of Minnesota w cr o 0 o a • ti. _ y• 4 slJli ii:ii. ' - NO/ Site Location Map o , o _ sj iff= ,... F-R R. ,g _ ..-'u R :� • e r 14460 60th Street N rT11fL'[ STRE'E'1�..�..�..�62MF}. —.6,FRE{..—NpRFH �.=.� f �,1ri•r�zl: .. N a i„ XI- • w s r• 3HELTON DRIVE I -„gl� S• Oz SHELTON DRIVE - y96 - Q z z I It:41w "4, ti.1z ) ti ry a 0 3 0 VICTORIA COURT O Z 'f i�1-I)'" t,6 20 6148 0 0 OU w ( OREN AVE CRT is -:.•7 _ 6; 0 320 640 1,280 Feet W — LU CC General Site Location z U) I'I'�glik ems` i►�r ���� _ > 60TH STREET NORTH 60TH STREET NORTH 1 ' w STATE HIGHWAY 36 ' 4_i v : ���IIII1��Lt ��� - ♦ �/ �A4i��A��e �J'• ,. \ bd.,—o STATE HIGHWAY 36 o M... .. .. .. .. .. .......1..�..11..�..�..�..�..�..�.... •••• •••• ..u�..1 60TH STREET NORTH ; •,- '` a TM )���j� •,1 ` i�" � - i - I y/ ��"' l i 1 . !i it ► IR i(1 rei 8/18/2017 Dear Planning Commission, I am writing this letter in hopes to request a special use permit. Smart Start Childcare and Learning Center opened in October 2013 and offers childcare and education to infants, toddlers and preschoolers in our care. At Smart Start our mission is to provide a childcare center focused on quality through safety, education and health and wellness for the children, families and community we serve. Each day we strive for excellence all while doing our best to accommodate the needs of each of our families. We offer care 6 am to 6 pm and serve breakfast, a catered lunch and afternoon snack. With learning as one of our top priorities, our curriculum is based on The Creative Curriculum and contains all the foundational and developmental learning objects that are necessary for kindergarten readiness. Our staff have a variety of degrees in either early childhood, health and wellness and Spanish as well certificates specializing in early childhood education. At Smart Start, we believe our purpose is to foster a love of learning and to positively impact children in their early years. We strive to empower children, positively guide them and share in their growth and development. The Staff and I are passionate about what we do and are honored to have the opportunity to partner with Stillwater families. In terms of our nearby tenants, we are fully compatible. We conduct ourselves professionally and respectfully in all matters and with all those we come in contact with. We are compassionate and caring, flexible and generous in our interactions. We believe in and support our community and local businesses. We kindly ask for this special use permit in the hopes to continue caring for our Stillwater families. Thank y u, Gina Anderson, R , : ner Google Maps Page 1 of 1 gl Maps Imagery ©2017 DigitalGlobe, Map data ©2017 Google United States 50 ft t-o Oc bv_.�c�..'` :�450 `4�.cly'ito,Q-P � cp\nr..1p5 https://www.google.com/maps/@45.0365915,-92.8131122,227m/data=!3m1 ! 1e3 8/17/2017 Washington County, MN 020340091 01 14460 f 3303020340003 14450 it 100 328.13 3303020340009 10 ACRES I 0.17 188.3 3303020340002 60TH ST N LU HWY 36 36 RT OF 3303020430034 6 200 2 3303020430035 14520 RESERVED AS PRIVATE WILLIM ST 200 II se ry t' , rizTaa a kmT December 21, 2016 1:1,000 0 45 90 180 ft r 1 , 1 I , �I 0 12.5 25 50 m Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appralsal, survey, or for zoning verification. ryi 3 J 2 >- <2 e. to 3 r AUTUMN JCY SEDUM z D z z VJALV 61 PATH 5 —1 ti 2 -J 3 a 2 8 141 „„1-- a PAF-DCN ME P RAI R I E.. DKOP7 D G OA LANDSCAPE PLAN L4A 12 , 4 ils to , l 2 il CI R - 0 4 co " \ ril Z 9. i 61! ..7 ,. . 0 g I 4 CcA 3 o_ r < CC Z < 8 VC) Z 03539 ; SHEET 2 of 2 SHEETS 0353,9 -St` k 33-3a�a� JOH NO: None CERTIFICATE OF SURVEY/ BARRETT M. STACK STILLWATER, MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 vEy Br cS DA MAY 2 ? 1986 SURVEY MADE: EXCLUSIVELY FOR: Swager Bros. Realty, Inc. , 6150 Oren Ave. No. , Stillwater , Mn. DESCRIPTION: (See Parcel 2 Description on Sheet 1 of 2 Sheets) Notes: • ✓ r' /".60' o Indicates iron set marked RLS 13774. • Indicates Orientation of this bearing system is assumed. Shaded area indicates approx. loc. of travelled road Parcel is Zoned IP-C, City of Stillwater. Setbacks: Details of sewer and water main locations obtained f as built const. maps. Details of buried Elec. Asphalt paved areas were with this survey, unless • U1.',.vc E /0 4e res OF Si 5.4 Pcr OEse_, E'w• Z/,vE of E. 3Z8./3 J N'r. •%.., ='` Sr. f,'Cd Y. Z/2) pex F.vse C -.4 ,Pce, r extelC - Z6/ 0.F OEsys, /?;, 370 SW etwe. 5Ce. 53, iiT30,tr, ,ZDcv. 14/: C. .rrev. 23/i.CZ A/0. 44Z. a Aker %' N. 15 3.75 E. 14.28 (7.0 Co.e. �8aa 2.3! iron found inplace. way'. Front=40', Rear=30' Side=20' rom the City of Oak Park Hts. and Gas utilities obtained from not located in conjunction shown otherwise. NB9•¢L'09 328. /8 I,vcnvicesr.- %9O./8c_ -Poo Za ' s. P. Lrvr riv0. Oa/3,06 LCC ��O.S•. (L/4LL C.,✓ti (TYPi.c vc) 1 M N Sire rr S CZ, At [fAto.c ra f 5vo ' e- /00.0Z 589'.409"ry deel.$ 775 /. P. 0.3'So-OF Coe. P. ibee• Ze..q,,s. (i ) 'l! N rt._ ti Al. L.NG o. ecec. Ttw vs . Cave. Pao / S Z. Z L Fee r Afe. RA,Ie 4 2 2.6 Sf)e°. ` (5acis. /rr.1 2 0 ' !. /. OCse . Ei9J7 3Ze. /3 ' fs H N V one. Sg.N. - . ` so0-00 -- N. , , L�r LDAOm,6 ODer NSP Co. const. maps. "cc. .3c• '11 o� 30. 01 i' \ A °'/s77$ /. Sa_ an Cope , (.8„ p. iVnr�y LjuE ! �' /Lr• trove �� ' N 02 /ye.J5 �A- 589'44'09"Wv /68. /6 4o • N /L4. /3 P.9,ec.L / 0,77 4e. f t'Sv9J 7'e km') 4.L • d'Srw,vo • o° OYflaWP o94E are,/.9 Si. LnvE Ski¢ 128. 2 N89'5-0'z7"p/ Z6 a¢ 85 /3B. is wre c • " "••• ti o Bvxi G q. r r. NSP /►ry. 0_ d He/ Rec. 3e' ti BL. 3 lL tit Br. 6 >`s. Eq& (J) Br, 7 P. 6 0 rmi 57. /VO. M/,vv. T_ /1, No_ 3 G (�enr .-.et /7.v c; 7: ei-/. /i/O, Z/Z eur w Cae Mew I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minneso Date Feb. 10, 1986 Reg.No �8 13774 03539 °3539 03539 SHEET 1 of 2 SHEETS 52 - Su) 33- 3 0- .a CERTIFICATE OF SURVEY Q3539 JOB NO: None BARRETT M. STACK STILLWATER, MINN. 55082 MINNESOTA REGISTERED LAND SURVEYOR Tel. No. 439-5630 SURVEY MADE EXCLUSIVELY FOR: Swager Bros. Realty, Inc., 6150 Oren Ave. No., Stillwater, Minnesota 55082 DESCRIPTION: Parcel 2 Description The South 442.8 feet of all that part of the East 10 acres of the South half of the Southwest Quarter (Sh of SA) of Section 33, • Township 30 North, Range 20•West, Washington County, Minnesota, lying North of the northerly right-of-way line of. State Trunk Highway No. 36, (formerly Trunk Highway No. 212) said .East 10 acres being the East 328.13 feet of said Sh of SW1. EXCEPTING therefrom the West 100 feet of the South 225 feet thereof; ALSO EXCEPTING therefrom the East 168.13 feet of the South 200.00 feet thereof. Subject to a public easement for right-of-way over and across the most easterly 30.00 feet thereof. Subject to and together with any other valid easements, reservations or restrictions. The undersigned hereby certifies to Drovers First American Bank of South St. Paul ("Bank") and Chicago Title Insurance Company ("Title Company") that this is a true -and correct survey of the above described real property showing: a. The location of all buildings, if any, thereon; b. The location of all recorded easements and encroachments onto or from such real property that are visible on the real property, known by the undersigned or of record,. excluding asphalt paved areas; c. The location of all utilities serving such real property as noted on Sheet 1; d. Any flood hazard areas; ,.and e: All service roads serving the above described real property and platted roads (unopened) adjoining thereto. The undersigned hereby certifies to the Bank and the Title Company that the project is in compliance with all set -back requirements of the City in which the real property is located, unless shown otherwise. Signed �il�- ,.KZt;Mel Dated Feb 10, 1986 WASH. CO. SLIk.V YOR RECEIVED THIS DATE MAY 2 71988 041533 Barrett M. Stack Licensed Land Surveyor I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date Feb. 10, 1986 Reg.No. 13774 a8s3,9 $fir 33-6o-26 CERTIFICATE OF SURVEY ARTHUR M. HOLM LAKE ELMO, MINNESOTA Minnesota Registered Land Surveyor No. 7447 Wisconsin Registered Land Surveyor No. S-845 SURVEY MADE EXCLUSIVELY FOR: = n'- n ' `r.c., c% FILE NO. none McCarten, 18?4 Park '..ve,, ',iahtoii di, :jinn, DESCRIPTION: Tr' ,r �o�l�'� :;,�L� � f'e•t �. -11 that pert of �=:e ?as`. 10 Acres of the 5 of the Slnt of 3er., j �3,�' t._ - :� `_ :r 7w; esh' nF'cn County, YLL nne3ot£=, lying North of 1T' 1;. i'`. _ ��>. -'/ice :li ;''�.: 1"'�^Y. Hwy, No, 212, ( - _d ._ast 1C Acres ootn the l). fe• L �r s. .,: ;, -r -hp Sri ) Excepr,n ',here ror; the West 1 C,,0 feet f - t t}._rent -'ntai ;!i •1`- 27^Acres, more or less, subject to an ''. el- f o_' r-)Owa7 p i'. ooseS ^V,:T' nrd scroci' 1. t of thy' OVe 1,64 o 197 ,., = d0' 3Z8- 4ST# O.vv Sre e r Cn ve . S o c K Zke/t d/NG 14 f 7 r • 7. .. ,4S.a.1.4"� T P.ovZ4, Pi�RRt/N7 w/ z/air +c+a. az • ,2.eszA. t ti 1/crr Sfi,.,vea.e+ea u % / 79RK/NG 11 y S no.�tn -"Oa._0.7- .re i+_ • .710's '-t ,.Dyka 4 a 'r.. w 4,e4 �•v� i ti AA D� S1en' aM { F 7/re, r. i..,r.. to �t-ti r ,. era�tv d• J ±� a a./7'---- _:,<� flivi: Z/.2 T. Y fzr ij (Prti fir to I r+.f' Si_ Q- T If .'"irr P.verner-a-c n ,r onr or•c+ 17.1 lice. B., then:, z.«e no nnrv.oa. .:,m¢nt? . overlipn.r , or ov rl ar,s, of 477 i.nr7c"ta' ` entn -.n t{-p ,;rC ne-4.-- nxonr ' ni:= ,n to &tow inn-'ovr_ -art`^ 3n N67 2?,'1a7.14. • Pr de- tti .o' I hereby certify that I surveyed the property described above and• that the above is a true and correct plat of said Survey. Date Slatob ..'�..�...... �3 Scale: 1 inch_...... 6Q .leer. o Indicatds I ro 7 8 1 7. . . 8 7 7816 (8 1 6 CERTIFICATE OF SURVEY ARTHUR M. HOLM LAKE ELMO, MINNESOTA Miamesota Registered Land Surveyor No. 7447 Wisconsin Registered Land Surveyor No. S-845 FILE NO. none SURVEYMADEEXCLUSIVELYFOR: Mainline inc., c/o Dr. F. M. McCarten, 1829 Park Ave., Mahtomedi, Minn. DESCRIPTION: The South ! 42,'5 feet of all that part of the East 10 Acres of the Si of the SW4 of Sec, 33, T30N, R20:ti, Stillwater TTwp; , Washington County, Minnesota, lying North of the N'ly right-of-way of State Trunk Hwy, No. 212 (said east 10 acres being the East V28.13 fe;t of said Si of the SW4) Excepting therefrom the West 100.0 feet of the South 225. feet thereof„ Containing 2.82 Acres, more or less, subject to an easement for roadway purposes over and across the East 30.0 feet of the above described tract. '-- /"=60' 3l9_-/3' _.._ems./T I 2.8ZA. t "ea 0a oy 7816 o 0 �02 3Z3.13 ' i 4 /98_/s' yLY .S/dx n/o tiz yivr. eie 4 3a• k I hereby certify that I surveyed the property described above and that the above is a true and correct plat of said survey. Date60 Scale: 1 inch-.. ......feet. o In Surveyor -1�6