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HomeMy WebLinkAbout1983-03-16 JPC MINMinutes of the Joint Powers Committee March 16, 1983 LINQUIST JOHNSON PUBLIC HEARINGS MEMBERS PRESENT Ray Senkus, Cathy Buck, Bill Lundquist, Ann Bodlovick, Harry Peterson STAFF PRESENT Dennis O'Donnell, Rhonda Thode OTHER PRESENT Mike Dvorak, Del Freeman, Barry Stack, David Linquist, Mable Linquist, Leighton Johnson, Don Raleigh, Dick Moore, Mark Feely, Terry Park, Jerry Daniels CALL TO ORDER Ann Bodlovick chaired the committee and called the public hearing for rezoning of land legally described as part of Block 2 and 6 of vacated Ramsey & Carters Addition to Stillwater, including vacated streets adjacent thereto, located west of South Greeley Street in the NW, of SW -1, of Section 33, T30N, R20W, Washington County, Minnesota. PUBLIC HEARING Don Raleigh, representing David Linquist and Leighton Johnson, stated the applicants were asking for three things: 1. Rezoning to that part of land which would be platted as Lots 1-10. The purpose of that change from Industrial to R-4 would be to allow duplexes to be developed on those lots. The remaining two lots (Lots 11 and 12) would stay zoned Industrial. 2. Preliminary and final plat approval. 3. A special use permit for duplexes. For the record Cathy Buck stated the County Attorney was not present, and asked Mr. Moore to make a few statements relating to this proposed subdivision. Mr. Moore stated the radius for the cul-de-sac does not meet the requirements for the City of Stillwater, but the applicant has provided for an easement so this will in effect meet the requirements the City has for snow removal. The grading plan is in conformance with the Joint Powers and the City of Stillwater requirements. No problem with sewer and water hook-ups. As of yet, the City has not held public hearings on utilities. Buck pointed out the "LI" description of the Certificate of Survey is incorrectly stated since there is no such zoning as light industrial in the Joint Powers district. Harry Peterson made reference to Mr. O'Donnell's memo of March 10th in regards to the use of berm. After lengthy discussion Mr. O'Donnell Joint Powers - Hearing March 16, 1983 Page 2 recommended doubling the number of plantings on the berm. Mr. Raleigh indicated that whatever was necessary would be done and stated the developer would work with the Planning Department to come up with a mutually acceptable landscaping plan. O'Donnell outlined the development agreement at the request of Cathy Buck. O'Donnell stated the agreement entails all the points outlined in his memo of March 10th. (A copy of the development agreement is attached and made a part of these minutes). Buck had concerns of ingress and egress for Lots 1-10. Raleigh stated if the subdivision is approved there would be access. O'Donnell stated the building permit would not be issued until the road is constructed. The public hearing closed at 6:05 p.m. Ann Bodlovick opened the public hearing for the subdivision of land described as part of Block 2 and 6 of vacated Ramsey & Carters Addition to Stillwater, including vacated streets adjacent thereto, located west of South Greeley Street in the NW -I, of SW-, of Section 33, T30N, R20W, Washington County, Minnesota. O'Donnell stated all the lots meet or exceed the square footage requirements with the additional right-of-way being dedicated to enable the upgrading of West Orleans Street, the cul-de-sac is satisfactory. The public hearing was closed at 6:10 p.m. Ann Bodlovick opened the public hearing for the Special Use Permit for construction of 10 duplexes on individual lots on the property legally described as part of Block 2 and 6 of vacated Ramsey & Carters Addition to Stillwater, including vacated streets adjacent thereto, located west of South Greeley Street in the NW -I, of SW -I, of Section 33, T30N, R20W, Washington County Minnesota. No comments or concerns were brought up. The public hearing was closed at 6:10 p.m. Minutes of the Joint Powers Committee March 16, 1983 MEMBERS PRESENT Ray Senkus, Cathy Buck, Bill Lundquist, Ann Bodlovick, Harry Peterson STAFF PRESENT Dennis O'Donnell, Rhonda Thode OTHERS PRESENT Make Dvorak, Del Freeman, Barry Stack, David Linquist, Mable Linquist, Leighton Johnson, Dick Moore, Mark Feely, Terry Park, Jerry Daniels, Don Raleigh CALL TO ORDER Ann Bodlovick chaired the committee and called the meeting to order at 6:10 p.m. APPROVAL OF MINUTES Harry Peterson moved to approved the February 16, 1983 minutes as presented. Seconded by Ray Senkus. Motion carried unanimously. BUSINESS MEETING Harry Peterson moved to approve the rezoning request for Lots 1-10 contingent upon.the development agreement being satisfactory with the County Attorney. Ray Senkus seconded. Motion carried unanimously. Harry Peterson moved to grant preliminary plat approval of the Linquist/Johnson subdivision. Bill Lundquist seconded. Motion carried unanimously. Cathy Buck moved to grant final approval of the Linquist/Johnson subdivision with the following stipulations: 1. The development agreement is executed and filed with the plan. 2. That the County Attorney approves the title opinion as submitted by Don Raleigh. 3. The County Surveyor approving the plat pursuant to Chapter 820, Laws of Minnesota 1971. Harry Peterson seconded and motion carried. Buck moved to approve the Special Use Permit for duplexes on lots 1-10 and that public utilities be installed and roadway improved to accommodate this subdivision. Ray Senkus seconded. Motion carried unanimously. Terry Parks from Cub Foods stated he was present to request an amended conditional use permit. Cub Foods would like to set up a 20' x 40' quonset but for garden supplies and garden items in the parking lot for four to five weeks. The quonset but would use 10 parking stalls. Joint Powers - Minutes March 16, 1983 Page 2 Peterson felt since Cub is a private business, and they wanted to use up 10 parking places that would normally go to customers, that is their prerogative. Buck expressed concern about the public health and safety since the parking lot situation could be really dangerous on high volume days, and people have been known to park in fire lanes because they can't find a parking place. Senkus questioned the legal regulations for parking lots. O'Donnell stated Cub meets the minimum number of parking stalls now, and taking up 10 spaces for a greenhouse would put them below the standards. Parks suggested 10 employees could park elsewhere if that would help alleviate the problem. Harry Peterson moved to approve the amended conditional use permit subject to an agreement made with adjacent property owners for parking of 10 Cub employee cars for the time period from April 21 to June 1. Bill Lundquist seconded,. Senkus stated there would be no way to monitor employees to see if they are parking elsewhere. Motion carried with Bill Lundquist, Ann Bodlovick, and Harry Peterson voting in favor, and Cathy Buck and Ray Senkus voting against. O'Donnell stated Jerry Daniels was present because he would like to enlarge his parking lot to make it easier to get in and out of. Mr. Daniels would like to go within one foot of the road right-of-way. The ordinance requires a 10 foot setback from any road right-of-way. O'Donnell stated Mr. Daniels would be resurfacing the lot. Dick Moore stated if Mr. Daniels was going to fill he may hamper snow removal in the winter. Mr. Daniels stated he would take the fill out to 10 feet and slope it off. The Board indicated if the engineer approved of this plan an amended conditional use permit should be granted. Dick Moore stated he and Dennis O'Donnell would go out and look at the site. ADJOURNMENT The meeting adjourned at 6:50 p.m. /s/ Dennis O'Donnell March 29, 1983 WASHENGTON, COUNTY PLANNING DEPARTMENT COURTHOUSE • 14900 61ST STREET NORTH • STILLWATER, MINNESOTA 55082 612/439-3220 TO: JOINT POWERS COMMITTEE FROM: DENNIS O'DONNELL, PLANNER RE: LINDQUIST/JOHNSON REZONING, SUBDIVISION, AND SPECIAL USE PERMIT DATE: MARCH 10, 1983 Robert J. Lockyear Planning Coordinator Lyle C. Doerr Building Official This department has completed a review of the above referenced project. Since there are three separate requests, I will address each item separately. Rezoning In my previous letter dated February 14, 1983 I went into detail regarding the rezoning and potential drawbacks so I don't feel there is a need to reiterate that standpoint. As a result of the last Joint Powers meeting, the applicant has amended his request and now wishes to have lots 1-10 on the proposed plat rezoned from Industrial to R-4. The applicant is no longer requesting lots 11 and 12 to be rezoned to Commercial. In other words, lots 11 and 12 will remain zoned Industrial prohibiting retail uses and drive-in restaurants. In order to minimize potential conflicts between the residential use and industrial use the applicants are proposing a berm 3'- 4' in height along the east and south boundary lines with selected planting on top. What is proposed will at mature growth be aesthetically pleasing and will change the focus. However, in the first few years there will.not be much of an effect. In the long run, I feel what we do want is something that will provide a good screening effect. What is proposed, while being aesthetically pleasing will not have the screening effect we desire. The berm itself is adequate but I feel it is necessary to double the density of plantings in order to have a good screen. There are some relatively large gaps in the proposed plan and even over time these gaps will still exist. Therefore, I would recommend doubling the number of plantings on the berm. The street trees that are proposed do meet the standards of the ordinance. In any case, there must be a maintenance plan so these plantings are properly taken care of. I feel the developer should guarantee a watering and fertilizer program for two full years. I would suggest we insist on seeing a valid contract between the developer and a nurseryman to assure these plant materials are well taken care of. An Equal Opportunity Employer Joint Powers Committee March 10, 1983 Page 2 Assuming the committee has not had a change of heart since our last meeting, I would recommend approval of the rezoning request with the stipulation the planting density be doubled. Siihrii vi ti nn Twelve lots are proposed in the subdivision. hots 11 and 12 will be for Industrial use and lots 1-10 for Residential (two family structures). According to the Joint Powers Zoning Ordinance the following minimum lot requirements are applicable. R-4 Zoning District Industrial Lot Size 12,000 sq. ft. for 2 family structure 24,000 sq. ft. Public Road Frontage 80' 100' Road Setback 30' 40' Side Yard Setback 10' 20' Rear Yard Setback 30' 30' All of the proposed lots meet or exceed the square footage requirements. In addition, all lots meet or exceed the road frontage requirements with the exception of lot 3 and the lots on the cul-de-sac. However, lot 3 does meet the lot width requirements at the building setback line and the lots on the cul-de-sac are wide enough to accommodate a two family home meeting setback requirements. Therefore, we are not overly concerned with this. The applicant is proposing to attain access to the Residential lots via a new cul-de-sac off of West Orleans Street. Additional right-of-way is also being dedicated to enable the upgrading of West Orleans Street. The cul-de-sac meets all requirements of our ordinance with the exception of the radius of the cul-de-sac turnaround. A 60' radius is required, however, the applicant is showing only a 55' radius. The city engineer should be consulted to determine if this will cause a problem. To avoid traffic conflicts, we feel access to lot 11 should be from West Orleans. An existing single family home exists on proposed lot 11. This is currently a non -conforming use. If this lot were developed for Industrial use this home and all accessory structures must be removed prior to any building permits being issued. A grading, drainage, and erosion control plan have been submitted along with the preliminary plat. Short, Elliot, Hendrickson, Inc. is preparing a report regarding the grading and drainage and it will be available at the meeting. The erosion control plan is adequate and should minimize erosion during construction and prior to all the lots being sold and homes constructed on them. The applicant has been informed of the park dedication requirement. The ordinance requires the subdivider to either dedicate 7% of the gross area subdivided or cash in lieu of land. Since the applicant is not dedicating I Joint Powers Committee March 10, 1983 Page 3 any land for park purposes, the required cash donation is 10% of the market value of the land prior to subdivision. According to records in the County Assessor's office, the property has an assessed market value of $109,400. The applicant will be attempting to attain preliminary and final plat approval at this meeting. Assuming there is no major opposition at the public hearing, I feel we may be able to give conditional preliminary and final plat approval. The applicants legal representative is preparing a development agreement and if this is in order, I see no problem with giving preliminary and final approval. However, the plat cannot be signed by the appropriate individuals until the County Surveyor has completed all necessary calculations. The following items at a minimum should be included in the development agreement: 1. Grading shall be done in accordance with the submitted grading plan. 2. The erosion control plan shall be followed as per the submitted plan. 3. Landscaping shall be completed as per the approved landscape plan. Any plant materials that do not survive must be replaced as needed. A maintenance contract shall be entered into with a nurseryman. 4. Access to lot 11 shall be from West Orleans Street. 5. A financial guarantee of 125% of the total cost of landscaping, grading, and erosion control shall be posted with the zoning administrator prior to final signing of plat. 6. In accordance with the subdivision ordinance, $10,940 shall be donated to the City of Stillwater for park purposes. Special Use Permit According to our ordinance, a Special Use Permit is required for a two family structure in a R-4 zoning district. When reviewing Special Use Permits, the committee should consider the effect of the proposed use upon health, safety, convenience, and general welfare of occupants of surrounding lands, existing and anticipated traffic patterns, the effect on utility and school capacities, the effect on property value, and the effect of the proposed use on the Comprehensive Plan. A Special Use Permit may be granted if you find there will not be a threat to the public health, safety, and welfare, nor will cause traffic congestion nor hazards, and will not seriously depreciate property values. I do not feel this proposal for duplexes will have a negative impact on adjoining property owners nor depreciate property values. Therefore, I would recommend approval of this Special Use Permit application. I hope these comments will aid the Joint Powers Committee in review of this project. DCOD/rlt DEVELOPERS' AGREEMENT THIS AGREEMENT made and entered into this day of March, 1933, by and between the CITY OF STILLWATER, a Statutory City, cryanized and existing under the laws of the State of..Minnesota (hereinafter called "City") and Leighton W. Johnson and Karen L. Johnson, husband and wife, and David C.:Linquist and Mabel L. Linguist, husband and wife (hereinatteri called collectively "Developers"), WITNESSES: : 1. Purpose: The Developers have made' application to the Joint Powers Planning Committee for approval of a proposed plat subdividing certain lands within the corporate limits of the City, -:'=scribed as follows: All that part of the Northwest Quarter of the Southwest Quarter (NW4 of SWa) of Section number Thirty-three (33) in Township number Thirty (30) North, of Range number Twenty (20) West, formerly described prior to the vaca- tion thereof as follows, to -wit: All that part of Block Number Two (2) lying West of the Highway as now laid out and used across said Block Number Two (2), and Lots number Seven (7) to Fifteen (15), inclusive, in Block Number Six (6), all in RAMSEY and CARTER'S ADDITION to Stillwater, as surveyed and platted and now on file and of record in the Office of the County Recorder in and for the County of Washington and State of :Minnesota, and including all vacated streets and alleys adjacent thereto, and abutting thereon; Which lies Northerly of the following described line to -wit:__ Commencing at the Southwest corner of said Northwest Quarter of the Southwest Quarter, thence North along the Westerly line thereof 822.00 feet to the point of beginning of the line being described; running thence East at right angles, Four Hundred Eighty-nine (489) feet, more or less, to the centerline of said Highway as now laid out, which is the end of the line being described, Containing 5.5 acres, more or less, subject to the right- of-way of South Greely Street (a/k/a County Highway Number 66); id proposed plat to be named "LINSON ADDITION" (hereinafter ferred to as "Plat"). The Joint Powers Planning Committee on .rch 16, 1983, duly granted preliminary and final approval to the at and, at the same time, approved the re -zoning as part of said .at and a Special Use Permit for the construction of duplexes on part of said Plat, all in accordance with the application of the Developers. The approval of said Plat was, however, given on the condition that Developers enter into this Agreement, providing for the construction of and maintenance of certain improvements (other than those local improvements being constructed by the City of Stillwater) and, further, providing certain other matters relating to the Plat. In accordance with the plans on file with the -Joint Powers Planning'Committee, the following -described improvements shall be constructed: (a) All grading shall be completed in accordance with the Grading Plan dated and on file with the Joint Powers Planning Committee. (b) During the course of construction, an erosion control procedure shall be followed in accordance with the Erosion Control Plan dated on file with the Joint Powers Planning Committee. (c) Landscaping shall be constructed and maintained in accordance with the Landscape Plan dated on file with the Joint Powers Planning Committee. 3. Financial Guarantees: A bond or other financial guarantees in the amount of 125% of the total cost of landscaping, grading and erosion control (which guarantee may be separate), in a form to be approved by the attorney for the Joint Powers Planning Committee, shall be filed with the Zoning Administrator; the Zoning Administrator shall not release the final Plat for recording until such financial guarantee has been posted. 4. Landscaping Maintenance: A maintenance contract between e Developers (or the Developers' agents or assigns) and a nursery landscape contractor providing for the care and maintenance of the landscape plantings (including replacement of any such plantings that do not survive) for a period of at least two full years from and after installation, shall be filed with the Zoning Administrator; t.e Plat shall not be released for regarding until such contract has been filed. 7. Park Donation: The Developers (or their agents or assigns) shall donate to the City of Stillwater cash.for park purposes in such anount as is required by the applicable subdivision ordinance; the Zoning Administrator shall not release the Plat for recording until notified by the City Financial Coordinator that the Park Donation has ' been made. 6. access to Lot 11: Access to Lot 11 in the proposed Plat shall be from West Orleans Street. I'•I j+IT1,47ESS WHEREOF, the parties have signed this document on to date stated above. Leighton W. Johnson Karen L. Johnson CITY OF STILLWATER: By Mayor By Clerk David C. Linquist Mabel L. Linquist JOINT POWERS PLANNING,COMMITTEE: x By Chairman By ecretary Notice of Public Hearings Notice is hereby given that the Joint Powers Committee of the City of Stillwater, Stillwater Township, and Washington County will hold public hearings on: Wednesday, March 16, 1983 5:30 p.m. Washington County Board Room Washington County Courthouse Stillwater, MN The purpose of the -public hearings are to consider the following: 1. The request of David Lindquist and Leighton Johnson to rezone from Industrial to R-4 (Residential) the following legally described property: All that part of Blocks 2 and 6, Ramsey & Carter's Addition to Stillwater, and the vacated streets that accrued thereto, located in part of the Northwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows, towit: Commencing at the southwest corner of said Northwest Quarter of the Southwest Quarter, thence North along the westerly line thereof 822.0 feet to the point of beginning of the parcel being described; thence East at the right angles 330.0 feet; thence North at right angles, parallel with said westerly line 488.02 feet, more or less, to the northerly line of said Northwest Quarter of the Southwest Quarter; thence westerly along said northerly line 330.03 feet, more or less, to the northwest corner thereof; thence southerly along said westerly line 492.58 feet, more or less, to the point of beginning. Containing 3.7 acres, more or less, subject to and together with any valid easements, reservations or restrictions. 2. The platting of property presently legally described as part of Block 2 and 6 of vacated Ramsey & Carters Addition to Stillwater, including vacated streets adjacent thereto, located west of South Greeley Street in the NW -I,, of SW -1, of Section 33, T30N, R20W, Washington County, Minnesota. Request of David Lindquist and Leighton Johnson for a special use permit to construct 10 duplexes on individual lots on the following legally described property: All that part of Blocks 2 and 6, Ramsey & Carter's .Addition to Stillwater, and the vacated streets that accrued thereto; located in part of the Northwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows, towit: Commencing at the southwest corner of said Northwest Quarter of the South- west Quarter, thence North along the westerly line thereof 822.00 feet to the point of beginning of the parcel being described; thence East at right angles 330.00 feet; thence North at right angles parallel with said westerly line 488.02 feet, more or less, to the northerly line of said Northwest Quarter of the Southwest Quarter; thence westerly along said northerly line 330.03 feet, more or less, to the northwest corner thereof; thence southerly along said westerly line 492.58 feet, more or less, to the point of beginning. Containing 3.7 acres, more or less, subject to and together with any valid easements, reservations or restrictions. The public is encouraged to attend and testify. Both written and oral statements will be accepted at the hearing. Copies may be reviewed in the office of the Washington County Planning Department during normal business hours. Not -ice of Public Hearings ngs Notice is hereby given that the Joint Powers Committee of the City of Stillwater, Stillwater Township, and Washington County will hold public hearings on: Wednesday, March 16, 1983 5:30 p.m. Washington County Board Room Washington County Courthouse Stillwater, MN The purpose of the -public hearings are to consider the following: 1. The request of David Lindquist and Leighton Johnson to rezone from Industrial to R-4 (Residential) the following legally described property: All that part of Blocks 2 and 6, Ramsey & Carter's Addition to Stillwater, and the vacated streets that accrued thereto, located in part of the Northwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows, towit: Commencing at the southwest corner of said Northwest Quarter of the Southwest Quarter, thence North along the westerly line thereof 822.0 feet to the point of beginning of the parcel being described; thence East at the right angles 330.0 feet; thence North at right angles, parallel with said westerly line 488.02 feet, more or less, to the northerly line of said Northwest Quarter of the Southwest Quarter; thence westerly along said northerly line 330.03 feet, more or less, to the northwest corner thereof; thence southerly along said westerly line 492.58 feet, more or less, to the point of beginning. Containing 3.7 acres, more or less, subject to and together with any valid easements, reservations or restrictions. 2. The platting of property presently legally described as part of Block 2 and 6 of vacated Ramsey & Carters Addition to Stillwater, including vacated streets adjacent thereto, located west of South Greeley Street in the NW, of SW, of Section 33, T30N, R20W, Washington County, Minnesota. 3. Request of David Lindquist and Leighton Johnson for a special use permit to construct. 10 duplexes on individual lots on the following legally described property: All that part of Blocks 2 and 6, Ramsey & Carter's Addition to Stillwater, and the vacated streets that accrued thereto, located in part of the Northwest Quarter of the Southwest Quarter of Section 33, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows, towit: Commencing at the southwest corner of said Northwest Quarter of the South- west Quarter, thence North along the westerly line thereof 822.00 feet to the point of beginning of the parcel being described; thence East at right angles 330.00 feet; thence North at right angles parallel with said westerly line 488.02 feet, more or less, to the northerly line of said Northwest Quarter of the Southwest Quarter; thence westerly along said northerly line 330.03 feet, more or less, to the northwest corner thereof; thence southerly along said westerly line 492.58 feet, more or less, to the point of beginning. Containing 3.7 acres, more or less, -subject to and together with any valid easements, reservations or restrictions. The public is encouraged to attend and testify. Both written and oral statements will be accepted at the hearing. Copies may be reviewed in the office of the Washington County Planning Department during normal business hours. 1 Minutes of the Joint Powers Committee March 16, 1983 U LINQUIST JOHNSON PUBLIC HEARINGS MEMBERS PRESENT Ray Sen us, Cathy Buck, Bill Lundquist, Ann Bodlovick, Harry Peterson STAFF PRESENT Dennis O'Donnell, Rhonda Thode OTHER PRESENT Mike Dvorak, Del Freeman, Barry Stack, David Linquist, Mable Linquist, Leighton Johnson, Don Raleigh, Dick Moore, Mark Feely, Terry Park, Jerry Daniels CALL TO ORDER Ann Bodlovick chaired the committee and called the public hearing for rezoning of land legally described as part of Block 2 and 6 of vacated Ramsey & Carters Addition to Stillwater, including vacated streets adjacent thereto, located west of South Greeley Street in the NW -1, of SW-, of Section 33, T30N, R20W, Washington County, Minnesota. PUBLIC HEARING Don Raleigh, representing David Linquist and Leighton Johnson, stated the applicants were asking for three things: 1. Rezoning to that part of land which would be platted as Lots 1-10. The purpose of that change from Industrial to R-4 would be to allow duplexes to be developed on those lots. The remaining two lots (Lots 11 and 12) would stay zoned Industrial. 2. Preliminary and final plat approval. 3. A special use permit for duplexes. For the record Cathy Buck stated the County Attorney was not present, and asked Mr. Moore to make a few statements relating to this proposed subdivision. Mr. Moore stated the radius for the cul-de-sac does not meet the requirements for the City of Stillwater, but the applicant has provided for an easement so this will in effect meet the requirements the City has for snow removal. The grading plan is in conformance with the Joint Powers and the City of Stillwater requirements. No problem with sewer and water hook-ups. As of yet, the City has not held public hearings on utilities. Buck pointed out the "LI" description of the Certificate of Survey is incorrectly stated since there is no such zoning as light industrial in the Joint Powers district. Harry Peterson made reference to Mr. O'Donnell's memo of March 10th in regards to the use of berm. After lengthy discussion Mr. O'Donnell Joint Powers - Hearing March 16, 1983 Page 2 recommended doubling the number of plantings on the berm. Mr. Raleigh indicated that whatever was necessary would be done and stated the developer would work with the Planning Department to come up with a mutually acceptable landscaping plan. O'Donnell outlined the development agreement at the request of Cathy Buck. O'Donnell stated the agreement entails all the points outlined in his memo of March 10th. (A copy of the development agreement is attached and made a part of these minutes). Buck had concerns of ingress and egress for Lots 1-10. Raleigh stated if the subdivision is approved there would be access. O'Donnell stated the building permit would not be issued until the road is constructed. The public hearing closed at 6:05 p.m. Ann Bodlovick opened the public hearing for the subdivision of land described as part of Block 2 and 6 of vacated Ramsey & Carters Addition to Stillwater, including vacated streets adjacent thereto, located west of South Greeley Street in the NW -I, of SW -I, of Section 33, T30N, R20W, Washington County, Minnesota. O'Donnell stated all the lots meet or exceed the square footage requirements with the additional right-of-way being dedicated to enable the upgrading of West Orleans Street, the cul-de-sac is satisfactory. The public hearing was closed at 6:10 p.m. Ann Bodlovick opened the public hearing for the Special Use Permit for construction of 10 duplexes on individual lots on the property legally described as part of Block 2 and 6 of vacated Ramsey & Carters Addition to Stillwater, including vacated streets adjacent thereto, located west of South areeley Street in the NW4 of SW -I, of Section 33, T30N, R20W, Washington County Minnesota. No comments or concerns were brought up. The public hearing was closed at 6:10 p.m. .......... 3 1 F Minutes of the Joint Powers Committee March 16, 1983 MEMBERS PRESENT Ray Sen us, Cathy Buck, Bill Lundquist, Ann Bodlovick, Harry Peterson STAFF PRESENT Dennis O'Donnell, Rhonda Thode OTHERS PRESENT Mike Dvorak, Del Freeman, Barry Stack, David Linquist, Mable Linquist, Leighton Johnson, Dick Moore, Mark Feely, Terry Park, Jerry Daniels, Don Raleigh CALL TO ORDER Ann Bodlovick chaired the committee and called the meeting to order at 6:10 p.m. APPROVAL OF MINUTES Harry Peterson moved to approved the February 16, 1983 minutes as presented. Seconded by Ray Senkus. Motion carried unanimously. BUSINESS MEETING Harry Peterson moved to approve the rezoning request for Lots 1-10 contingent upon.the development agreement being satisfactory with the County Attorney. Ray Senkus seconded. Motion carried unanimously. Harry Peterson moved to grant preliminary plat approval of the Linquist/Johnson subdivision. Bill Lundquist seconded. Motion carried unanimously. Cathy Buck moved to grant final approval of the Linquist/Johnson subdivision with the following stipulations: 1. The development agreement is executed and filed with the plan. 2. That the County Attorney approves the title opinion as submitted by Don Raleigh. 3. The County Surveyor approving the plat pursuant to Chapter 820, Laws of Minnesota 1971. Harry Peterson seconded and motion carried. Buck moved to approve the Special Use Permit for duplexes on lots 1-10 and that public utilities be installed and roadway improved to accommodate this subdivision. Ray Senkus seconded. Motion carried unanimously. Terry Parks from Cub Foods stated he was present to request an amended conditional use permit. Cub Foods would like to set up a 20' x 40' quonset but for garden supplies and garden items in the parking lot for four to five weeks. The quonset but would use 10 parking stalls. Joint Powers - Minutes March 16, 1983 Page 2 Peterson felt since Cub is a private business, and they wanted to use up 10 parking places that would normally go to customers, that is their prerogative. Buck expressed concern about the public health and safety since the parking lot situation could be really dangerous on high volume days, and people have been known to park in fire lanes because they can't find a parking place. Senkus questioned the legal regulations for parking lots. O'Donnell stated Cub meets the minimum number of parking stalls now, and taking up 10 spaces for a greenhouse would put them below the standards. Parks suggested 10 employees could park elsewhere if that would help alleviate the problem. Harry Peterson moved to approve the amended conditional use permit subject to an agreement made with adjacent property owners for parking of 10 Cub employee cars for the time period from April 21 to June 1. Bill Lundquist seconded. Senkus stated there would be no way to monitor employees to see if they are parking elsewhere. Motion carried with Bill Lundquist, Ann Bodlovick, and Harry Peterson voting in favor, and Cathy Buck and Ray Senkus voting against. O'Donnell stated Jerry Daniels was present because he would like to enlarge his parking lot to make it easier to get in and out of. Mr. Daniels would like to go within one foot of the road right-of-way. The ordinance requires a 10 foot setback from any road right-of-way. O'Donnell stated Mr. Daniels would be resurfacing the lot. Dick Moore stated if Mr. Daniels was going to fill he may hamper snow removal in the winter. Mr. Daniels stated he would take the fill out to 10 feet and slope it off. The Board indicated if the engineer approved of this plan an amended conditional use permit should be granted. Dick Moore stated he and Dennis O'Donnell would go out and look at the site. ADJOURNMENT The meeting adjourned at 6:50 p.m. /s/ Dennis O'Donnell March 29, 1983 ., WAS I E 1NGT Ol CD JY\JTY PLANNING DEPARTMENT COURTHOUSE • 14900 61ST STREET NORTH • STILLWATER, MINNESOTA 55092 612/439-3220 TO: JOINT POWERS COMMITTEE FROM: DENNIS O'DONNELL, PLANNER RE: LINDQUIST/JOHNSON REZONING, SUBDIVISION, AND SPECIAL USE PERMIT DATE: MARCH 10, 1983 Robert J. Lockyoar Planning Coordinator Lyle C. Doerr Building Official This department has completed a review of the above referenced project. Since there are three separate requests, I will address each item separately. Rezoning In my previous letter dated February 14, 1983 I went into detail regarding the rezoning and potential drawbacks so I don't feel there is a need to reiterate that standpoint. As a result of the last Joint Powers meeting, the applicant has amended his request and now wishes to have lots 1-10 on the proposed plat rezoned from Industrial to R-4. The applicant is no longer requesting lots 11 and 12 to be rezoned to Commercial. In other words, lots 11 and 12 will remain zoned Industrial prohibiting retail uses and drive-in restaurants. In order to minimize potential conflicts between the residential use and industrial use the applicants are proposing a berm 3'- 4' in height along the east and south boundary lines with selected planting on top. What is proposed will at mature growth be aesthetically pleasing and will change the focus. However, in the first few years there will not be much of an effect. In the long run, I feel what we do want is something that will provide a good screening effect. What is proposed, while being aesthetically pleasing will not have the screening effect �,,/e desire. The berm itself is adequate but I feel it is necessary to double the density of plantings in order to have a good screen. There are some relatively large gaps in the proposed plan and even over time these gaps will still exist. Therefore, I would recommend doubling the number of plantings on the berm. The street trees that are proposed do meet the standards of the ordinance. In any case, there must be a maintenance plan so these plantings are properly taken care of. I feel the developer should guarantee a watering and fertilizer program for two full years. I would suggest we insist on seeing a valid contract between the developer and a nurseryman to assure these plant materials are well taken care of. An Equal Opportunity Employer Joint Powers Committee March 10, 1983 Page 2 Assuming the committee has not had a change of heart since our last meeting, I would recommend approval of the rezoning request with the stipulation the planting density be doubled. Subdivision Twelve lots are proposed in the subdivision. Lots 11 and 12 will be for Industrial use and lots 1-10 for Residential (two family structures). According to the Joint Powers Zoning Ordinance the following minimum lot requirements are applicable. R-4 Zoning District Industrial Lot Size 12,000 sq. ft. for 2 family structure 24,000 sq. ft. Public Road Frontage 80' 100' Road Setback 30' 40' Side Yard Setback 10' 20' Rear Yard Setback 30' 30' All of the proposed lots meet or exceed the square footage requirements. In addition, all lots meet or exceed the road frontage requirements with the exception of lot 3 and the lots on the cul-de-sac. However, lot 3 does meet the lot width requirements at the building setback line and the lots on the cul-de-sac are wide enough to accommodate a two family home meeting setback requirements. Therefore, we are not overly concerned with this. The applicant is proposing to attain access to the Residential lots via a new cul-de-sac off of West Orleans Street. Additional right-of-way is also being dedicated to enable the upgrading of !Jest Orleans Street. The cul-de-sac meets all requirements of our ordinance with the exception of the radius of the cul-de-sac turnaround. A 60' radius is required, however, the applicant is showing only a 55' radius. The city engineer should be consulted to determine if this will cause a problem. To avoid traffic conflicts, we feel access to lot 11 should be from West Orleans. An existing single family home exists on proposed lot 11. This is currently a non -conforming use. If this lot were developed for Industrial use this home and all accessory structures must be removed prior to any building permits being issued. A grading, drainage, and erosion control plan have been submitted along with the preliminary plat. Short, Elliot, Hendrickson, Inc. is preparing a report regarding the grading and drainage and it will be available at the meeting. The erosion control plan is adequate and should minimize erosion during construction and prior to all the lots being sold and homes constructed on them. The applicant has been informed of the park dedication requirement. The ordinance requires the subdivider to either dedicate 7% of the gross area subdivided or cash in lieu of land. Since the applicant is not dedicating .. ..,...::.........:...........:... :. .............. ... ...... .............. ...... ... ... . .... :::... ... ...... .. -_ ... ...... ...... .. ... ... .... ._ .. :.. ... ........:........ ... .. .." ...... ...- :............. ... ..—" .—"" ..._..._ ..-... ........ .. ... ,. , _ ... ... _ .. ...... ,. _ :. S ..._. ....., .,.. ,.. ............. ... ... ... ... . .: ..: :: ... ... au... .. ..... ... ... ... .:.::_::... ......:^-:i:..... ......._ ..... ...........:': -_ .. ... ...... ... ...... .. .. .. .. .. .. ::: ... ... .... .. ....... ...... ......._ ...... ... ... ... .. ... ...... _..... .....: .. ..-... .. .. .. ': ... .. ... :: .. :,. _ .. .............. ... .. .' p se ::.. — ...... ... ... ... AN..... ......._ ... ... ... ... ... ...... ... ...... .. : .. ... ... :.. ...... ii ... :::: Joint Powers Committee March 10, 1983 Page 3 any land for park purposes, the required cash donation is 10% of the market - value of the land prior to subdivision. According to records in the County Assessor's office, the property has an assessed market value of $109,400. The applicant will be attempting to attain preliminary and final plat approval at this meeting. Assuming there is no major opposition at the public hearing, I feel we may be able to give conditional preliminary and final plat approval. The applicants legal representative is preparing a development agreement and if this is in order, I see no problem with giving preliminary and final approval. However, the plat cannot be signed by the appropriate individuals until the County Surveyor has completed all necessary calculations. The following items at a minimum should be included in the development agreement: 1. Grading shall be done in accordance with the submitted grading plan. 2. The erosion control plan shall be followed as per the submitted plan. 3. Landscaping shall be completed as per the approved landscape plan. Any plant materials that do not survive must be replaced as needed. A maintenance contract shall be entered into with a nurseryman. 4. Access to lot 11 shall be from West Orleans Street. 5. A financial guarantee of 125% of the total cost of landscaping, grading, and erosion control shall be posted with the zoning administrator prior to final signing of plat. 6. In accordance with the subdivision ordinance, $10,940 shall be donated to the City of Stillwater for park purposes. Special Use Permit According to our ordinance, a Special Use Permit is required for a two family structure in a R-4 zoning district. When reviewing Special Use Permits, the committee should consider the effect of the proposed use upon health, safety, convenience, and general welfare of occupants of surrounding lands, existing and anticipated traffic patterns, the effect on utility and school capacities, the effect on property value, and the effect of the proposed use on the Comprehensive Plan. A Special Use Permit may be granted if you find there will not be a threat to the public health, safety, and welfare, nor will cause traffic congestion nor hazards, and will not seriously depreciate property values. I do not feel this proposal for duplexes will have a negative impact on adjoining property owners nor depreciate property values. Therefore, I would recommend approval of this Special Use Permit application. I hope these comments will aid the Joint Powers Committee in review of this project. DCOD/rlt AGREEMENT THIS AGREEMENT made and entered into this day of March, 1933, by and between the CITY OF STILLWATER, a Statutory City, cr anized and existing under the laws of the State of,Minnesota (hereinafter called "City") and Leighton W. Johnson and Karen L. Johnson, husband and wife, and David C. Linquist and Mabel L. Li -Guist, husband and wife (hereinattet called collectively "Developers"), WITNESSES: 1. Purnose: The Developers have made application to the Joint Powers Planning Committee for approval of a proposed plat subdividing certain lands within the corporate limits of the City, -'=scribed as follows: All that part of the Northwest Quarter of the Southwest Quarter (NWQ of SW4) of Section number Thirty-three (33) in Township number Thirty (30) North, of Range number Twenty (20) West, formerly described prior to the vaca- tion thereof as follows, to -wit: All that part of Block Number Two (2) lying West of the Highway as now laid out and used across said Block Number Two (2), and Lots number Seven (7) to Fifteen (15), inclusive, in Block Number Six (6), all in RAMSEY and CARTER'S ADDITION to Stillwater, as surveyed and platted and now on file and of record in the Office of the County Recorder in and for the County of Washington and State of Minnesota, and including all vacated streets and alleys adjacent thereto, and abutting thereon; Which lies Northerly of the following described line to -wit:___ Commencing at the Southwest corner of said Northwest Quarter of the Southwest Quarter, thence North along the Westerly line thereof 822.00 feet to the point of beginning of the line being described; running thence East at right angles, Four Hundred Eighty-nine (489) feet, more or less, to the centerline of said Highway as now laid out, which is the end of the line being described, Containing 5.5 acres, more or less, subject to the right- of-way of South Greely Street (a/k/a County Highway Number 66); said proposed plat to be named "LINSON ADDITION" (hereinafter referred to as "Plat"). The Joint Powers Planning Committee on march 16, 1983, duly granted preliminary and final approval to the 3 Plat and, at the same time, approved the re -zoning as part of said Plat and a Special Use Permit for the construction of duplexes on part of said Plat, all in accordance with the application of the Developers. The approval of said Plat was, however, given on the condition that Developers enter into this Agreement, providing for the construction of and maintenance of certain improvements (other than those local improvements being constructed by the City of Stillwater) and, further, providing certain other matters relating to the Plat. In accordance with the plans on file with the "Joint Powers Planning'Committee, the following -described improvements shall be constructed: (a) All grading shall be completed in accordance with the Grading Plan dated and on file with the Joint Powers Planning Committee. (b) During the course of construction, an erosion control procedure shall be followed in accordance with the Erosion Control Plan dated on file with the Joint Powers Planning Committee. (c) Landscaping shall be constructed and maintained in accordance with the Landscape Plan dated on file with the Joint Powers Planning Committee. 3. Financial Guarantees: A bond or other financial guarantees in the amount of 125% of the total cost of landscaping, grading and erosion control (which guarantee may be separate), in a form to be approved by the attorney for the Joint Powers Planning Committee, shall be filed with the Zoning Administrator; the Zoning Administrator shall not release the final Plat for recording until such financial guarantee has been posted. .............. ......... ... ... ...... . ............. ..... .. . . ..... ...... . ...... ... . ........ . ..... so F . .......... ........... Landscaping Maintenance: A maintenance contract between e Developers (or the Developers' agents or assigns) and a nursery or landscape contractor providing for the care and maintenance of the landscape plantings (including replacement of any such plantings that do not survive) for a period of at .least two full years from and after installation, shall be filed with the Zoning Administrator; the Plat shall not be released for regotding until such contract has been filed. 7. Park Donation: The Developers (or their agents or assigns) shall donate to the City of Stillwater cash.for park purposes in such amount as is required by the applicable subdivisiori-ordinance; the Zoning Administrator shall not release the Plat for recording until notified by the City Financial Coordinator that the Park Donation has been made. 6. Access to Lot 11: Access to Lot 11 in the proposed Plat hall be from West Orleans Street. Ind WITiESS WHEREOF, the parties have signed this document on to date stated above. eighton'S1. Johnson :'wren L. Johnson CITE OF STILLWATER: By Ma yo r By Clerk David C. Linquist Mabel L. Linquist JOINT POWERS PLANNING,COMMITTEE: By Chairman By Secretary