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HomeMy WebLinkAbout2009-07-22 Joint Board MINStillwater City and Town Joint Board July 22, 2009 Present: David Johnson and Linda Countryman, Stillwater Township Ken Harycki and Jim Roush, City of Stillwater Others: Stillwater Community Development Director Bill Turnblad Township Planner Sherri Buss Chair Johnson called the meeting to order at 7:04 p.m. Chair Johnson noted two changes to the agenda. The first is to add the 2008 Residential Building Report for the Orderly Annexation Area to New Business. The second is that New Business item regarding the Liberty Village Signage amendment would be tabled until the next Joint Board meeting. Approval of Minutes Mr. Harycki moved approval of the minutes of January 21, 2009, which was seconded by Mr. Roush and approved on a 3-0-1 vote. Mrs. Countryman abstained since she was not present at that meeting. Public Hearings Case No. 09-21 A request by Joe Jablonski of Lennar for a Planned Unit Development amendment for Millbrook. The proposal is to add a 9th style of homes to the development. Mr. Turnblad summarized the proposal. He noted that the Joint Board’s role is to review and comment on the project. Mr. Harycki asked how the new home style would impact what residents across South Twin Lake would view. Turnblad answered that from the lake there would be no difference. The lake homes would still be two stories with a walkout. Mr. Harycki asked how the change affects the project density. Turnblad stated that as proposed there would be a reduction of two lots. If the Planning Commission recommendation is endorsed, then there would be a reduction of four lots. Mr. Johnson opened the public hearing. Mr. Chuck Prust (12630 – McKusick Road) stated that as an immediate neighbor to the project he had two concerns. The first is that with the site grading the property across the creek from his home was raised 12 to 15 feet. So, a two story building on top of the grade change would loom over his house. And the second is that he had to maintain a 200 foot setback from the creek when he built his home. Do the Millbrook homes all meet that creek setback? In response to the concerns, Mr. Turnblad noted that the height of the new style home will be no different than the height of the homes already approved in the development. And that the building pads for each home were approved as a part of the Planned Unit Development process, which required approval from Brown’s Creek Watershed District and the Department of Natural Resources. There being no other public comments, Mr. Johnson closed the public hearing. Stillwater City and Town Joint Board July 22, 2009 Page 2 2 Mr. Harycki stated that he liked the reduction in number of homes but was a little concerned about introducing a more garage dominant home style. He asked Mr. Turnblad if the new style would resemble a “snout house”. Mr. Turnblad noted that the three stall garage would be flush with the front wall of the home, not project in front of it. In addition, a garage would project in front of the house and garage wall. Mr. Johnson noted that the new style home would be a part of the home mix in the development, it would not be the only style, nor would it be the predominant style. Mr. Roush mentioned that he was also pleased that the density of the project was being reduced. He also stated that he was in agreement with the Planning Commission’s recommendation that the new style home be allowed only in the cottage residential portion of the neighborhood, not the traditional residential neighborhood. Mr. Johnson noted that from the point of view of the Township, there would be very little difference in the neighborhood’s appearance, accept that there would be fewer homes. Mrs. Countryman was disappointed in the introduction of a 3 stall wide garage, but understood the market reality. Mr. Harycki moved to accept the recommendation of the City Planning Commission. Mrs. Countryman second the motion, which passed on a 4-0 vote. Case No. 09-26 A request by Joe Jablonski of Lennar for approval of Millbrook 3rd Addition. The plat would include two townhome buildings along Millbrook Circle. Mr. Turnblad summarized the proposal. This is the third and final plat in the first phase of the Millbrook project. All fees and improvements were taken care of with the first and second plats of this phase. The only condition of preliminary plat approval that has not been met for this plat concerns the neighborhood park. The park was to transfer to the City in the fall of 2007. However, due to a delayed project start and the state of the housing market over the last couple of years, that transfer has not occurred yet. In addition, a sand stockpile is located on the future parkland, which will need to be moved and turf established before the park will be accepted by the City. Mr. Jablonski has met with the City’s park and engineering staff to begin wor king out a schedule to get the stockpile moved and the turf established. The City’s Park Commission will consider the situation at their July 27 meeting. Mr. Johnson stated that timing for transfer of the neighborhood park was a significant issue to the Township. It should become available to the public as soon as possible. In addition, the sand stockpile is a concern to the Township residents. He asked Mr. Jablonski when the stockpile could be moved or removed. Mr. Jablonski said the sand stockpile is for road construction and basement backfilling. He has met with the City to begin working out a schedule to move or use up the pile. Mr. Harycki asked Mr. Jablonski if he could have it moved in a year. Stillwater City and Town Joint Board July 22, 2009 Page 3 3 Mr. Jablonski responded that if the City Council approves the PUD amendment that allows the new home style in the project, Lennar may be in a position to build more road this year yet. That would use up a large portion of the sand pile. Mr. Harycki asked if the stock pile could be used or moved off the future park property by May 31, 2010. Mr. Jablonski said he would prefer not to be bound to a date, but that he would work with the City to come up with a mutually agreeable deadline. Mrs. Countryman mentioned that she was not pleased that the stockpile was located on the future parkland. With active park space in short supply, it was important to have the neighborhood park in public hands quickly. The sand pile delays that. Mr. Roush asked if the roads in Millbrook are built to last longer than roads that were built in Stillwater in the 1980s. Mr. Turnblad answered that there are more stringent standards now and that there are now staff engineering inspectors that keep a close eye on construction as it proceeds. Both of which create longer lasting roads today than in the 1980s. Mr. Johnson opened the public hearing. There being no public comments, he closed the public hearing. Mrs. Countryman moved to approve the plat of Millbrook 3rd Addition with the strong recommendation that the stockpile of sand be moved off the future park property by May 31, 2010 and turf established just as soon after that as possible. The motion was seconded by Mr. Harycki and passed on a 4-0 vote. New Business Bergmann Change in Use - Sherri Buss, Township Planner, introduced a discussion on the Bergmann property located with the Township on 62nd Street. Recently through complaints of City residents it was discovered that the use of the Bergmann property has changed. Historically it had been used as a nursery with wholesale sales but only and a few incidental retail sales. But recently, the business has changed dramatically and a dominant retail element has been added. She continued to explain that neither the historical uses nor the current uses are allowed per Township ordinances. Though Township ordinances provide a Certificate of Compliance (C.O.C) process that would allow the historical and current uses to be officially recognized and allowed to continue. The Township ordinances also allow conditions to be attached to a C.O.C. Mrs. Buss also stated that if the City preferred, a Conditional Use Permit (C.U.P.) approach could be taken to the situation. Though the C.U.P. approach would require an ordinance amendment to include the current use as a conditionally permitted use in the Township’s Transitional Zoning District. Mrs. Buss asked the Joint Board members to discuss whether the C.O.C or the C.U.P. was preferred. The consensus was that C.O.C. approach is preferred; that individual uses and events must be specifically addressed; that a public hearing should be held by the Joint Board in Stillwater City Hall on August 26, 2009; that all parking should be on site; that Brown’s Creek Stillwater City and Town Joint Board July 22, 2009 Page 4 4 Watershed District and all other affected agencies must be involved in the review; that with the future construction of the Curve Crest frontage road, and that the Bergmann business should gain its access from the new road and not from 62nd Street. 2008 Residential Building Permit Report Mr. Turnblad presented the 2008 residential building permit report for the Orderly Annexation Area as required by the Orderly Annexation Agreement. In 2008 there were 41 new housing starts, which bring the total of all new housing starts in the annexation area to 1,129. The maximum total allowed to date by the annexation agreement is 1,560. Adjournment Mr. Roush moved for adjournment. Mr. Harycki seconded the motion, which passed unanimously. Meeting adjourned at 8:48 PM. Respectfully submitted, Bill Turnblad Acting Recording Secretary