HomeMy WebLinkAbout1999-04-14 Joint Board Packet ob ,illwater
THE BIRTHPLACE OF MINNESOTA •
Meeting Notice
Stillwater City and Township Joint Board
City Council Chambers
216 North Fourth Street
Stillwater MN 55082
7 p.m.
Agenda Items for Wednesday,April 14,1999
Public Hearings:
1. Case No. CPA/99-1. A Comprehensive Plan Amendment changing the land use designation of 28 acres of land
located east of CR 15 and north of 62nd Street from single family large and small lot(2-4 du/acre)to attached
single family(6 du/acre). The Perntom Land Company, applicant.
2. Case No. ZAM/99-1.Zoning Map Amendment for the 28 acres located east of CR 15 and north of 62nd Street
from AP (Agricultural Preservation)to TH(Townhouse). The Pemtom Land Company, applicant.
3. Case No. PUD/99-8. A Planned Unit Development for a 142 unit cluster development and a 4.8 acre park on
28 acres. The Pemtom Land Company, applicant.
4. Case No. SUB/99-9.A subdivision of the NW 1/4 of the SW 1/4 of the Bergmann Property for 142 Townhome
lots and common area and 4.8 acre park on 28 acres. The Perntom Land Company, applicant.
5. Case No. ZAT/99-3. A Zoning Ordinance Text Amendment requiring special building setbacks for arterial and
collector roads and railroad tracts. City of Stillwater applicant.
6. Case No. ZAT/99- 1. A Zoning Ordinance Text amendment establishing tree protection regulations requiring
licensing of commercial tree trimmers,protecting significant and heritage trees, establishing tree replacement
or payment for removal of trees. City of Stillwater, applicant.
7. Case No. ZAT/99-2. A Zoning Ordinance Text amendment modifying the accessory units/structure in
Traditional Residential(TR)District. City of Stillwater, applicant.
Other Items:
- Review request for development/annexation of Phase IV property located at corner of CR 15/12 (referred by
Stillwater City Council).
- Discuss rezoning of large lot Mid Oaks,Nightengale and North 62nd Street area.
- FYI Fertilization Ordinance.
- Update on Village Commercial/Residential and Park Use Plan for CR 15/12.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
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THE BIRTHPLACE OF MINNESOTA e
Meeting Notice
Stillwater City and Township Joint Board
City Council Chambers
216 North Fourth Street
Stillwater MN 55082
7 p.m.
Preliminary Agenda Items for Wednesday,April 14, 1999
Tentative Agenda:
Public Hearings:
1. Case No. ZAT/99-1. A Zoning Ordinance Text amendment establishing tree protection
regulations requiring licensing of commercial tree trimmers,protecting significant and
heritage trees, establishing tree replacement or payment for removal of trees. City of
Stillwater, applicant.
2. Case No.ZAT/99-2. A Zoning Ordinance Text amendment modifying the accessory
units/structure in Traditional Residential (TR)District. City of Stillwater, applicant.
3. Case No. ZAT/99-3. A Zoning Ordinance Text Amendment requiring special building
setbacks for arterial, collectors and railroad tracts. City of Stillwater applicant.
4. Case No. CPA/99-1. A Comprehensive Plan Amendment changing the land use designation
of 28 acres of land located east of CR 15 and north of 62nd Street from single family large
and small lot(2-4 du/acre)to attached single family(6 du/acre). The Pemtom Land
Company, applicant.
5. Case No. ZAM/99-1. Zoning Map Amendment for the 28 acres located east of CR 15 and
north of 62nd Street from AP(Agricultural Preservation)to TH(Townhouse). The Pemtom
Land Company,applicant.
6. Case No. PUD/99-8. A Planned Unit Development for a 142 unit cluster development and a
4.8 acre park on 28 acres. The Pemtom Land Company, applicant.
7. Case No. SUB/99-9. A subdivision of the NW 1/4 of the SW 1/4 of the Bergmann Property
for 142 Townhome lots and 4.8 acre park on 28 acres. The Pemtom Land Company,
applicant.
Other Items:
-Review revised Village Commercial/Residential and Park use Plan for CR 15/12.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121
MEMO
To: Joint Board
From: Steve Russell, Community Development Director
Subject: Joint Board Consideration of Request from Bruggeman Homes for Consideration of
Development of Phase IV Development Site Located at NE Corner of County Road
12/15
Date: April 8, 1999
The City Council received the request at their meeting of March 16, 1999, and referred the
request to the Joint Board for discussion(see attached staff report and maps).
Recommendation: Review request and make recommendation to City Council.
Attachments: Request and staff report for City Council March 16, 1999.
MEMO
To: Mayor and City Council
From: Steve Russell, Community Development Director
Subject: Request to Consider Development and Annexation of Property Located at the
Northeast Corner of CR 12/CR 15
Date: March 11, 1999
The City has received the attached letter from Bruggeman Homes to consider their development
of property in the Phase IV annexation area. The orderly annexation agreement allows
annexation outside of designated phasing when 100 percent of the property owner(s)petition the
City for annexation and the property is adjacent to City boundary. The property is adjacent to
Phase I annexation lands.
Development in the Phase I annexation area is not going as fast as originally anticipated. So far
25 of the 500 lots in the Liberty/Legends area have been issued building permits. The City
Council will be receiving an application for review of development of a portion of the Bergmann
Property in April(142 HUs). Staff is working with a developer in the 62nd Street North area on
a 70-90 unit development comprised of single family and attached residences.
Developers of the Phase II expansion area can request annexation of that area after January 1999.
Staff has not been officially contacted regarding annexation and development of that area but a
request is expected this year.
Based on the Bruggeman request, this may be a good time to consider the rate and amount of
growth in the expansion area and provide direction to staff for petitions outside of the scheduled
growth areas.
Recommendation: Discussion of request.
Attachment: Letter
dh- BRtGGEMAN
Building Quality Since 1959
March 29, 1999
The Honorable Mayor Jay Kimble
Council Members
Steve Russell,CDD
216 North Fourth Street
Stillwater,MN 55082-4898
Dear Sirs:
Bruggeman Homes, builders of The Gardens at Oak Glen, have entered into an agreement to s
purchase the Schmoeckel property on 75th Street at Manning Avenue. The Schmoeckel property is
- located in a future annexation phase but is contiguous to Stillwater proper (first phase of annexation).
The issue of considering the annexation of the Schmoeckel property came before you at your March
15, 1999 City Council meeting. As you will recall,the matter was tabled for further discussion until your
April 14th meeting.
Bruggeman Homes has approached the City for early annexation for several reasons. We are a quality
homebuilder,with over 40 years of experience,who is well versed in Home,construction and markets in-
the East Metro area. Beside the completed Gardens community at Oak Glen, Bruggeman Homes has
neighborhoods in Mahtomedi(Townhomes and Single Family homes),Shoreview,Chisago,Woodbury
and other locations. Having observed the current offering of new home product,we feel there is a need
for attached or detached owner occupied homes in a price range that appeals to a broader market.
The location at the intersection of Manning Avenue and Myrtle makes this a good site for a land use
transition'from commercial /retail onthe south side of the street to medium density residential on the
north side of the street.
As you are aware, the annexation agreement allows for the early annexation of properties into the City
of Stillwater that meets the following criteria from section four of the agreement. .
4.09 ...if the property is adjacent to the City, is petitioned for by one hundred(100%)
of the property owners within the area to be annexed and if the resulting
annexation will not create a level of growth that exceeds the one hundred
twenty(120)dwelling units per year limitation.
f •
- The above stated,criteria for early annexation are consistent with our request. We are adjacent to the-
City, We are 100% of the petitioners and, given the fact that the City has 480 available units (less
-whatever has been used to date), there is probably more than enough units available for all existing
and proposed developments.. The original scope of our request included land areas behind both the
cemetery and the Free Church. The church and the cemetery have decided not to participate in the'.
development process.
Water and sanitary sewer are either at the site or adjacent to the site. Water main is in the at the
southwest corner of the property while sanitary sewer is across the street at a depth that appears to be
sufficient to serve the development needs of the site. We are-ready to work with the City to design a
gateway neighborhood for'the Schmoeckel property. Please call us with any ideas or questions you
may have prior to your next council meeting. .
Sincerely, '
aul rug• an • - resident Kevin vonRiedet,Director of Land Development
3564 Rollingview Drive • White -Bear Lake • Minnesota 55110 • 651-7.70-298'1 Fax 65'1-770-9273
MBL# 4062
•
1111
OME
Building Quality Since 1959 -
March 3, 1999
Mr.Steve Russell
Community Development Director
City of Stillwater
216 No. Fourth Street
Stillwater,MN 55082
Dear Steve:
Bruggeman Const.Co.has entered into an agreement to purchase the Schmoeckel property located in
the northeast quadrant of Manning Avenue and Co. Rd.12. We understand that the property is not in
the current annexation phase but adjoins the current annexation area on the north side.-. Further, we
, understand that the annexation agreement between the City of Stillwater and Stillwater Township
allows for the annexation and development of properties meeting the exception provisions of the
agreement.
We would appreciate the opportunity to meet with you or the City Council to discuss the opportunity to
design and build a residential community on the Schmoeckel property. Thank you for your attention to
this request. I look forward to hearing from you soon at 651-770-2981.
Sincerely,
Kevin vonRiedel
Director of Land Development
•
•
3564 Roilingview Drive • White Bear Lake • Minnesota 55110 • 651-770-2981 • Fax 651-770-9273
MSL# 4062
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; 1 ' __SFE- y -, •As an exception to the Phasing Schedule,the City may annex prop-
1' I 1,---:---=-7----- 1 ': erty not described in Phases I.II,or Ill by Resolution if the property is
' SOIUT i ! SFLL 9 :, SFU- ii adjacent to the City,is petitioned for by one hundred percent(100%)
Phase III TWIN ` I sFu - -}( of the property owners within the area to be annexed and if the result.
" �' 2002 LAKE .
i I ing annexation will not create a level of growth that exceeds the one
/r i hundred twenty(120)dwelling units per year Imitation.
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=_ -I. PHASED DEVELOPMENT
• RR Phase ry*, `:_- 1996 - 2015
4, -..-_ 2015 RR F,'_--
Phase II(1999)
)------- _` " Prokosed_Land Use;_ _ Acres: Percent:
��;„x ..t,),, SFLL ''� "SFLL-Single Family Large Lot 21.17 12.92%
IF I i SFSL-Single Family Small Lot 104.78 63.97%
I .3 ASF•Attached Single Family 34.80 21.25%
--- -*
-!;'—" = ` st ♦®PN-Ne�borhoad Park 3M5 1.86%
L4n ------ Total: - -163.80 t00.g0
= 7 — I i" s n "` Phase III(2002)
Phase I
1 (,,,.:_:_•.. r -''"SFLL, - Proposed Lastd Use: Acres: Percent:
# Li;, 1996 ISFRL eF'L .:.3 SFLL-Single Family Large Lot 39.59 24.78%
1 4' j, 1 SFSL-Single Family Small Lot 77,48 48.49%
�� {� { % gFiy 0 ASF-Attached Single Family 10.86 6.80%
ii - '�j } J ,I L PN-Neighborhood Park 3.05 1.41%
jr,,,:'--. .,;-.,,_,,
f'^ 7. _ Water 28.79 18.02%
I ;._ 1 --:::-._-....7.7. -_, Total: 159.77 100.00%
�"`t �w�stii Phase IV(2015)
RR�. ';J: % _r i I V. Prciposed Land Use: Acres: Percent:
GLL44, i ':2-7-;'-';'-'7.--1/" . i i' 1 1 _-yL ' RR-Rural Residential ,1395 6793%
' I SFL: - '1 SFLL-Single Family large Lot 57.47 7.60%
i;i -� I SFU Pre Phase I l l �'
I ,l - SF 1 .` ,BFt,ti _ I 1 SFSL-Single Family Small Lot 33.76 4.46%
I r C. 1 Ci Limits $It`' -:L-- _- L.-_I 1 r•• +1 ASF-Attached Sin le Family 5.18 0.68%
- Phase I ��_ ,; RDP-Research&Development Park 66.01 8,12%
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1 �p3 — 1 r- (� ‘ — '3 OPS-Open Space 34.15 4,51%
i OPS E 1) � SFLL PN-Neighborhood Park 6.87 0,91%
' Jt j I I PC-Community Park 14.63 1.43%
( SFLL 'smLL i I --„,...,,,:..././ CEM-Cemetery 1.20 S16%
m 1 t at1 1 ,' SFI,Lit I RAIL-Railroad 10.19 1.35%
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' {f Water 13.19 _
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• I •SFLLf,„4,11-011.4%, Section Lines t
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'I 1 / i; Declaimer:
SFLL I \ 1 ,- ' i t rt The data represented on the Proposed Land Use Map displays
1 s . Z!, - - as� :ON o• r xn„,„.54:::,-,
.. the current landbase compiled by Washington County Survey
St 4) 1 , 1 e Department.Questions concerning the Landbase should be
•
I SFl %, directed to the County.Questions concerning the Land Use
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iPhase I tl It Destgnatians should be directed ra City of Stilhvater
y 1996 s} I,
s' t r - Planning Department
$ , � R>,
7!'l \ o I yy "� �y-t 12/15/97
ice- `; ! 500 0___5_00_ 1000 1500 2000 2500 3000
Phase IV* „jttnP t - J Feet
l 2015 WFLU __
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Washington County Survey Depamnent
City or Stillwater-Planning Department
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f,-0.,._. tali•1 PtanSight-GIS&Planning Technologies
-- +-, Expansion Awa .ISau.anNeisdawpmi«W ,oe.pr.
newn
MEMO
To: Joint Board
From: Steve Russell, Community Development Director
Subject: Zoning Study for Phase I Annexation Area
Date: April 8, 1999
The Planning Commission, with input from area neighbors, is beginning to consider rezoning of
Phase I annexation areas that were not a part of the Phase I Liberty or Legends developments.
The area is currently designated Agricultural Preservation (AP)with a 10 acre minimal lot size.
The study areas are located along 72nd Street,Nightengale and 62nd Street North(see attached
map).
There are 56 parcels of land in the study area ranging from .2 acres to 16.6 acres. The average lot
size is 3.19 acres. Existing land use is 45 residences, 1 church, 1 park and 5 vacant lots
comprising 10 acres. Depending on zoning, the development potential of the area would change.
During the Comp Plan process, many of the residents expressed a desire to keep the existing
neighborhood character so a large lot 1-2.5 acres/dwelling unit may be appropriate. The
availability or lack of availability of urban services is key to lot size. The information is
presented to the Joint Board for information only and comment. Once the Planning Commission
has completed their study with the neighborhood, a zoning designation will be recommended for
City Council and Joint Board for approval.
Recommendation: Comments on information of rezoning of area.
Attachments.
Annexation
Study
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Annexation land Use
Results
Total Parcels 56
Total Acreage 175.298
Average Parcel Size 3.19
Average Land Value $ 65,069.64
Average Building Value $ 138,347.27
Average Market Value $ 200,946.43
Maximum Market Value $ 806,300.00
Land Use Parcel Acres Percent
Residential - Single Family 45 146.965 84%
Church 3 6.921 4%
Parks 1 3.432 2%
Right-of-Way 1 7.925 5%
Vacant 5 10.055 6%
175.298 100%
Land Use
6%
5%
2%
4%
s y `
Residential - Single Family
Church
0 Parks
� y
3 £
❑ Right-of-Way
r r`,
•Vacant
84%
GEOCODE ADDRESS CITY ZIP CTY ACR ACRES LAND VALUE BUILDING VALUE ZONING LAND USE OWNER Mkt Value
3003020130013 0 0.00 1.072 7000 0 AP FAC Grace Baptist Chr 7000
3003020130014 0 0.00 7.925 45000 0 AP ROW Washington County 45000
3003020340002 0 2.50 2.500 44000 0 AP VACANT Svendsen,Randy S&Shawn M 44000
3003020340003 0 5.92 5.919 120000 0 AP VACANT Koester,Scott T&Kathleen 120000
3003020420001 12721 75th St N Stillwater 55082 5.00 5.021 72000 118000 AP FAC Grace Baptist Chr 190000
3003020420002 12525 75th St N Stillwater 55082 5.00 5.116 55000 68900 AP RES-1 Huebscher,Lenard G&Betty 123900
3003020420003 12550 72nd St N Stillwater 55082 10.00 16.683 75000 284700 AP RES-1 Meisterling,Robert C&Janet 359700
3003020420004 12620 72nd St N Stillwater 55082 8.00 10.209 90000 208700 AP RES-1 McKenzie,Donald H&Rosemary 298700
3003020430002 7190 Mid Oaks Ave Stillwater 55082 3.00 6.479 90000 162600 AP RES-1 Proetz,Barbara J 252600
3003020430003 7160 Mid Oaks Ave Stillwater 55082 1.73 2.662 90000 151700 AP RES-1 Peterson,Richard A&Leah S 241700
3003020430004 7130 Mid Oaks Ave Stillwater 55082 2.64 2.585 90000 129300 AP RES-1 Peterson,Donald A&Verna Kay 219300
3003020430005 7100 Mid Oaks Ave Stillwater 55082 2.66 2.830 90000 168000 AP RES-1 Woessner,Ronald T&Marsha M 258000
3003020430006 7070 Mid Oaks Ave Stillwater 55082 1.67 1.894 90000 223700 AP RES-1 Braatz,John R&Candis E 313700
3003020430007 7030 Mid Oaks Ave Stillwater 55082 2.63 2.615 90000 100700 AP RES-1 King,Charles D&Carol A 190700
3003020430008 7010 Mid Oaks Ave Stillwater 55082 4.77 4.643 90000 135800 AP RES-1 Bureau,Robert E&Theresa B 225800
3003020430009 7055 Mid Oaks Ave Stillwater 55082 1.86 1.420 70000 154200 RA RES-1 Gockowski,Ronald E&Susan E 224200
3003020430010 12525 72nd St N Stillwater 55082 6.42 165000 441200 AP RES-1 Irvine,Horace H lii&Debra R 606200
3003020430011 7155 Melville Ct N Stillwater 55082 3.45 3.451 90000 71400 AP RES-1 Reidt,Dr Rick J&Karen L 161400
3003020430012 7150 Melville Ct N Stillwater 55082 6.75 6.749 165000 261500 AP RES-1 Hof,George M&Nancy K 426500
3003020440002 2803 Interlachen Dr Stillwater 55082 1.57 1.365 65000 142400 RA RES-1 Pizinger,Ronald J&Kathleen 207400
3003020440003 7079 Mid Oaks Ave Stillwater 55082 0.00 1.670 70000 129400 RA RES-1 Jones,David C&Louise W 199400
3003020440004 7101 Mid Oaks Ave Stillwater 55082 1.56 1.548 70000 183200 RA RES-1 Gallick,Joseph J&Linda A 253200
3003020440005 7171 Mid Oaks Ave Stillwater 55082 1.75 1.600 70000 134700 RA RES-1 Dustin,William&Dixen,Susan 204700
3003020440006 7181 Mid Oaks Ave Stillwater 55082 0.00 2.296 70000 202700 RA RES-1 Kranz,Ronald E&Gail T 272700
3003020440007 0 3.90 3.432 19500 PARK RA PARKS City Of Stillwater 19500
3103020140001 1201 Northland Ave Stillwater 55082 0.00 0.940 40000 133700 RA RES-1 Trooien,Timothy D&Gayla J 173700
3103020140002 0 0.00 0.317 3300 0 AP RES-1 City Of Stillwater 3300
3103020410002 1164 Parkwood Ln Stillwater 55082 1.30 1.476 65000 108200 AP RES-1 Junker,Arthur R&Mary Lou 173200
3103020410003 1133 Nightingale Blvd Stillwater 55082 0.00 5.230 90000 137100 AP RES-1 Shea,Timothy P&Coleman Ed- 227100
3103020410004 1165 Nightingale Blvd Stillwater 55082 5.30 5.535 90000 188500 AP RES-1 Martin,Robert C&Krenik Mary- 278500
3103020410006 1144 Parkwood Ln Stillwater 55082 0.00 2.685 70000 139900 AP RES-1 Seim,John R&Michelle A 209900
3103020410007 1148 Parkwood Ln Stillwater 55082 2.60 2.617 70000 151200 AP RES-1 Krinkie,David W&Diane M 221200
3103020410008 1156 Parkwood Ln Stillwater 55082 2.46 2.590 70000 85200 AP RES-1 Keech,Joanne Ruth 155200
3103020420004 1166 Nightingale Blvd Stillwater 55082 7.40 8.498 110000 402500 AP RES-1 Putnam,Michael G&Diane M 512500
3103020420005 1180 Nightingale Blvd Stillwater 55082 3.90 5.053 90000 169500 AP RES-1 Whalen,Daniel P&Susan J 259500
3103020420006 1200 Nightingale Blvd Stillwater 55082 0.00 4.614 90000 248000 AP RES-1 Kennedy,Raymond A Jr&Patri 338000
3103020420007 1220 Nightingale Blvd Stillwater 55082 2.40 2.535 90000 284500 AP -1Enaelkinq,Jon H&Susan K 374500
3103020430001 12730 62nd St N Stillwater 55082 3.03 3.034 60000 122200 AP RES-1 Shoeberg,Kevin K&Evers Rox- 182200
3103020430002 12525 62nd St Stillwater 55082 2.70 2.732 60000 116700 AP RES-1 Furgala,Basil P 176700
3103020430003 12563 62nd St Stillwater 55082 2.70 2.837 60000 133000 AP RES-1 Golish,Lucy H&Robert H 193000
3103020430004 12601 62nd St Stillwater 55082 2.60 2.861 60000 162000 AP RES-1 Gascoigne,D Jo&Elliott,C J 222000
3103020430005 12677 62nd St Stillwater 55082 2.60 2.632 60000 113300 AP RES-1 Tynen,Patrick A&Jean M 173300
3103020430006 12727 62nd St Stillwater 55082 2.00 2.324 60000 113000 AP RES-1 Gregory W&Patricia Machesney 173000
3103020430008 12610 62nd St N Stillwater 55082 3.09 3.094 120000 686300 AP RES-1 Huelsmann,Richard L 806300
3103020430009 12680 62nd St N Stillwater 55082 2.84 2.836 60000 181000 AP RES-1 Berner,Dan E&Suzanne M 241000
3103020440006 0 0.00 0.316 1000 0 CRD RES-1 Bradshaw,James H&Jayne M 1000
3103020440007 12811 62nd St Stillwater 55082 0.00 2.134 60000 113100 AP RES-1 Spangler,William R&Rita M 173100
3103020440008 0 0.00 0.316 1000 0 AP VACANT Spangler,William R&Rita M 1000
3203020230004 2800 Wildpines Ln Stillwater 55082 0.00 1.061 35000 99100 RA RES-1 Hill,Vern&Ann W 134100
71100 AP RES-1 J&Linda C 111100
3203020320005 6322 Stillwater Blvd Stillwater 55082 0.51 0.547 40000 0 AP RES-1 Wind,nGregoryR&Mary Lou 500
3203020320006 0 0.00 0.196 500 0 AP RES-1 Ritzer,Gary A 138200
3203020320008 1167 Packwood Ln Stillwater 55082 2.20 2.235 50000 8820 0 AP VACANT Bethany Covenant Church
2500
3203020320009 0 0.57 0.581 2500 129000
3203020320010 1151 Parkwood Ln Stillwater 55082 0.71 0.739 40000 89000 AP VACANT Bethany Covenant Church 3000
32030203200110 AP ethany Covenant Church
0 1.00 0.220 3000 100
32030203200161
0 0.22 0.220 100 0 AP RES-1 Wind,Gregory J&Linda C 11253000.00
TOTAL 134.91 175.297 3643900.00 7609100.00
AVERAGE 2.41 3.19 65069.64 138347.27
200946.43
max 806300.00
Total Parcels 56
Parcel Average Size 3.19 acres
Land Market Value Avg. $ 65,069.64
Building Market Value Avg. $ 138,347.27
Market Value Avg. $ 200,946.43
Market Value Max. $ 806,300.00
Land Use Number Acres Percent
Residential-Single Family 45.00 146.965 84%
Church 3.00 6.921 4%
Parks 1.00 3.432 2%
Right-of-Way 1.00 7.925 5%
Vacant 5.00 10.055 6%
175.298 100%
••
MEMO
To: Joint Board
From: Steve Russell, Community Development Director
Subject: Planning for SE Corner of CR 15/12
Date: April 8, 1999
The attached map reflects the most recent plan for the area. The City Park has been defined and
a site for a well. The specific location of access roads and commercial/townhouse residential
uses has not been defined. This is a Phase IV development area so there is some time to further
plan the area. The Village Commercial zoning and special design guidelines will apply to the
commercial area(attached).
Recommendation: For information only.
03/25/99 09:42 FAX 6129373822 WESTWOOD PROF. SERVICES ?1002/003
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ZONING *31-1
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remedies, may institute appro- structure may be directly constructed,ex-
priate actions or proceedings to cept for the following uses, that are per-
prevent, restrain, correct or mitted by special use permit:
abate violations or a threat- a. Local convenience retail business or
ened violation and it is the duty service establishment, such as gro-
of the city attorney or state cery, fruit and vegetable store, bak-
attorney general, to institute ery, drugstore,general store, barber
the action. and beauty shop, clothes cleaning
b. Separability. The several provisions and laundry pickup station, busi-
of this subdivision are separable in ness and professional office and the
accordance with the following: like, supplying commodities or per-
forming services for residents of the
1. If any court of competent juris- immediate neighborhood and sur-
diction adjudges any provision
of this subdivision to be in-
valid,
rounding areas.
the judgment will not af- b. Day care/nurseries.
fect any other provisions of this c. Medical and dental offices.
subdivision not specifically in- d. Parking facilities.
eluded in the judgment.
e. Professional, editorial, real estate,
2. If any court of competent juris- insurance and other general busi-
diction adjudges invalid the ap-
plication of any portion of this ness offices.
subdivision to a particular prop- f. Residential uses, second level.
erty, building or other struc- g. Tea rooms, deli, coffee shops and
ture, the judgment will not af- soda fountains,not including the sale
feet the application of the of alcoholic beverages.
provision to any other property, h. Service stations.
building or structure not speaf- i. Other uses and buildings customar-
mment. included in the judg- ily appurtenant to a permitted use.
ent.
3. Nothing contained in this sub- j• Other use or service establishment
division repeals or amends any determined by the planning commis-
subdivision requiring a permit
sion to be of the same general char-
or license to engage in any busi- acter as the foregoing specially per-
mitted uses and which will not impair
Hess or occupation. the present or potential use of adja-
(Ord. No. 666, 7-7-87; Ord. No. 706, 6-6-89)
cent properties may be permitted.
t 3:.L VC-ucltage commercial district.VC - (3) Height and area regulations. The maxi-
vi __-= ,imiriercial districts shall be regulated as mum height of buildings and structures
and the minimum dimensions of lots and
(1) Purpose. The purpose of the VC district is yards in the VC district are as follows:
to provide a local center for convenience a. Maximum height:
shopping and personal services primarily 1. Principal structures, 35 feet/2
in proximity to a residential neighbor- stories.
hood. 2. Accessory structures, 20 feet/1
(2) Special use permit required. No building, story.
structure, land or premises in the VC b. Minimum lot area: 10,000 net square
district may be used and no building or feet when not within a PUD.
CD31:55
f 31-1 STILLWATER CODE
c. Front yard: 50 feet when not within _
• + •ulations pple-
a PUD. .men regulations governing this section areas
d. Rearard:25 feet when not within a
Y Exceptions,additions or modifications.The pro-
PUD. visions of this subdivision are subject to the
exceptions, additions or modifications as set
e. Building and impervious surfaces: forth in the following:
60 percent when not within a PUD. (1) Essential services. Essential services, as
defined in this subdivision, are permitted
f. Landscaping and open space:40 per- in all districts.
cent when not within a PUD.
(2) Soil stripping. No person may strip,exca-
vate or otherwise remove topsoil for sale,
g. Additional setback requirements: or for use other than on the premises from
When a property within this district which it is taken, except in connection
is directly across a street or thorough- with the construction or alteration of a
fare or adjacent to any residential building on the premises and any inciden-
district, all parking and loading fa- tal excavation or grading.
cilities must be at least 20 feet from (3) Vacant lots of record. Notwithstanding
the property line and buildings and the limitations imposed by any other pro-
structures at least 20 feet from the visions of this subdivision,the city council
street. The setback space must be may permit erection of a dwelling on any
permanently landscaped. lot (except a lot in an industrial district),
separately owned or under contract of
h. Other requirements: All uses shall sale and containing, on May 1, 1974, an
be conducted wholly within com- area or width smaller than that required
pletely enclosed buildings,except for for a one-family dwelling, provided that
service stations,parking facilities and municipal sewer and water service is avail-
other outdoor uses when appropri- able to the site.
ately located and designed as ap- (4) Clear corners. On a corner lot in any
proved by the planning commission. residential district no fence, wall, hedge
or other structure or planting more than
(4) Design permit. A design review permit is three feet in height may be erected,placed
required for all village commercial uses. or maintained within the triangular area
The country village architectural and de- formed by the intersecting street lines
sign guidelines, set forth in Exhibit E to and a straight line adjoining the street
the Orderly Annexation Agreement be- lines at points which are 40 feet distant
tween the City and Town of Stillwater, from the point of intersection, provided
dated August 16, 1996, are the standards that this regulation does not apply to
that must be applied to this design re- trees trimmed to a height of eight,feet
view above the street grade level.
(5) Substandard lots. No lot, yard, court or
(5) Planned unit development.These develop- other open space, already containing less
ment requirements may be modified based area than the minimum required under
on an acceptable planned unit develop- this subdivision, may be further divided
ment for the entire village commercial or reduced.
district area. (6) Bedand breakfast:The-city_council�recog-
. (Ord. No. 830, 9-3-96) mazes t a>z bed_and_}reakfasts are an.asse t =
CD31:56 63
•
•
•
Building Height: 35' to gable peek
' Road and Parking
Configuration: The preferred configuration is one of curved and angled orientation
Landscaping:. 40 percent minimum of the land area shall be in permanent
maintained landscaping, open spaces and natural wetlands. •
Areas around building shall be planted with hearty species of
deciduous and coniferous stock and should assists in blocking
sight lines of parking facilities and highlight attractive architectural
features in a landscaped setting.
Screening: Parking areas that can be viewed from adjacent roads or
residential areas shall be screened with a combination of
deciduous and coniferous planting and berming.
Signage: Commercial signs are to be placed on linear walls, composed of
•
"the same materials and bearing a similar design theme to the
building being identified. Interchangeable tenant identification will
be provided but if internally lit must show lit letters only, not letter
backgrounds. Preferred building identity signage is by cut out
letters of durable materials, mounted on the above mentioned
walls, lit with internal backfacing lighting or reflective lighting from
ground, wall or tree mounted spots. Spot lights must not provide
glare to adjacent roadways or perimeter residential uses. Identity
monument type freestanding country village signs without tenant
identification consistent with the village design and material may be
allowed along County Road 12 and 15 and at the residential
roadway entrance.
Utilities: • All utilities will be underground and HVAC equipment will be
screened from view. Roof mounted units will be screened via roof
configuration, wall extensions either vertical or horizontal. All trash
areas shall be completely enclosed and screened from view by a
structure of a design compatible in design to village building and
perimeter landscape.
Lighting: Site lighting selected to minimize visibility and glare from residential
areas. Overall site light levels will be achieved by a blend of
streets and parking lights not to exceed 20' in height. Walkway
lighting, building lighting, site amenity, sign lighting and vegetation
lighting shall be reviewed to make sure it is compatible with the
residential quality of the neighborhood.
• Exhibit"E"
Country Village Architectural and Site Design Guidelines
Goal: Create high-quality country village consisting of country store with
• fuel, country school (daycare) and other village scale professional
services. The building shall have a related though not identical •
village residential character.
Architectural Style: Gable roofs are preferred. ,Architectural detailing should be
consistent with the style of the structure selected.
Materials: . Brick, stone, painted or natural architectural cedar or red wood
siding are to be used as exterior materials or high grade reduced
maintenance materials that will achieve,the same exterior
appearance goals as natural materials may be used.
The roofing shall be heavier weight asphalt shingles or cedar
shingles or high-grade reduced maintenance materials that will
achieve the same exterior appearance goals as the natural .
materials may be used. -
Building Design: No franchise or prototypical commercial building design shall be
allowed. The village area shall have a unique rural character
related to its surroundings:
Canopies: Pump area canopies shall be of a subdued design consistent with
the building design and materials. Any under-canopied lighting
shall be recessed and not show the light source from off the service
area.
Building
Orientation: . The country village will be visually and functionally connected to
the immediate neighborhood, be accessible but not visually
prominent from County Road 12 and 15.
Building Setback: 50' from County Road 12 or 15
Parking or paved
Streets or
Driveways: 20' from public right of way for County Road 12 or 15 (if bermed
and landscaped)
Lot Coverage: 60 percent maximum buildinc, and hard surface coverage.
EXHIBIT
IE
MEMO
To: Joint Board
From: Steve Russell, Community Development Director
Subject: Tree Preservation Ordinance (ZAT/99-1)
Date: April 8, 1999
The City Council at their April 6, 1999 meeting,reviewed the enclosed Tree Preservation
Ordinance. The Tree Ordinance was drafted by the City Forester with input from the Tree Task
Force and Open Space Committee.
As a result of the meeting,the Council directed staff to provide some additional definitions and
make sure the ordinance is enforceable and to bring it back for adoption.
Again a revised Tree Preservation Ordinance is called for in the AUAR.
Recommendation: Approval of ordinance.
Attachments: Tree Preservation Ordinance.
ORDINANCE NO.
TREE PROTECTION ORDINANCE
MANAGEMENT REGULATIONS REGARDING TREE PROTECTION
THE CITY COUNCIL OF THE CITY OF STILL WATER DOES ORDAIN:
Section 1.
Subd.1 Purpose.The City of Stillwater finds that it is in the best interests of the community
to protect,preserve and enhance the natural environment by encouraging a resourceful and prudent
approach to the development and altercation of wooded areas. The City also finds it is in the best
interests of the community to protect trees from improper maintenance practices. It is the intent of
this ordinance to protect the community's existing tree resource by preservation and protection of
established trees,by promoting proper tree maintenance practices and by requiring the replacement
of trees which are damaged or removed in the course of development or construction activities. The
City recognizes that trees help stabilize soil, reduce storm water runoff, are valuable components of
watershed areas,aid in the removal of carbon dioxide and the production of oxygen;provide a buffer
and screen against both noise pollution and objectionable views; provide wildlife habitat and
corridors; protect and increase property value, conserve and enhance the City's physical and
aesthetic environment, and enhance the quality of life of the City's residents. Therefore, this
ordinance is designed to minimize tree damage from development and improper maintenance
practices, and mitigate tree removal resulting from development in areas where there are significant
trees or tree cover within the City.
Subd. 2. Principles for Administration of the Ordinance. In the enforcement of this
ordinance,the City may give preference to the preservation of those trees considered to be of higher
quality or value because of their size, species, location, or condition. The City may require the
following measures to be implemented to accomplish or increase preservation of"significant"trees
and natural areas: clustering of buildings or other innovative design techniques, installation of
retaining walls or large tree wells, placement of utilities in common trenches outside the drip line
of trees or natural areas, or the use of tunneled installation under large trees, and transplanting of
trees to other areas on the site outside the limits of soil disturbance. To promote the health of trees
within construction areas the City may also require mulching, pruning, watering or soil aeration.
The City may request dedication of a conservation easement in some circumstances to ensure that
areas of special significance are not damaged or negatively impacted by development.
Subd. 3. Applicability. This ordinance applies to any vacant parcel of land, one acre in size
or larger, undergoing development which contains at least five significant trees. It also applies to
additions to structures or subdivisions of land within bluffs,ravines, wetlands and their designated
setback or buffer areas.
1
Subd. 4. Definitions.
Development: Any human made change to improved or unimproved land including,but not
limited to, construction or reconstruction of buildings or structures (new construction or
additions) mining, dredging, filling, grading, land clearing, paving excavation, drilling
operations or storage of equipment or materials.
Tree Administrator: Community Development Director or his or her designee.
Significant Tree: A healthy deciduous tree measuring at least 6 inches dbh, or a healthy
coniferous tree at least 10 feet in height. For slower-growing or smaller statured tree species,
healthy specimens would be considered significant at 4 inches dbh for ironwood, bur oak or
bicolor (swamp white) oak, and two inches dbh for pagoda dogwood or serviceberry.
Deciduous softwood species such as cottonwood and silver maple would be considered
significant at a size of 12 inches dbh when growing within a floodplain or other riparian area,
and significant at a size of 20 inches dbh when growing on other sites. Boxelder,buckthorn,
(Rhamnus cathartica or R. frangula) and Siberian elm would not be considered significant
trees at any size.
dbh: Diameter at breast height-diameter of a tree measured at a point approximately 54
inches above the ground.
Caliper Inches:The diameter of a tree meas ,, t six inches above the ground(usually used
for trees whose trunks are less than 4 inches in diameter.)
Clearcutting: Cutting, removal or killing of more than 10% of the significant trees on any
land within a period of five years.
Subd. 5. License Required for Commercial Pruning, Chemical Treatment or Removal of
Trees.
a.License Application and Fee. It is unlawful for any person to conduct as a business
the cutting,trimming,pruning ,removal ,spraying or otherwise treating of trees in the City without
first having secured a license from the City.
1. Application for the license may be made at the office of the Community
Development Director on a form which has been approved by the City.
2. The annual fee for a license is set by the City by resolution.
3.All licenses expire ot.the next 31st day of December following the date of
issue.
2
b.Proof of Insurance. All applicants for the license must file with the city clerk proof
of a public liability insurance policy covering all operations of the applicant hereunder for the sum
of at least three hundred thousand dollars ($300,000.00) combined single limit coverage. If this
insurance is canceled and the licensee fails to replace it with another policy that conforms to the
provisions of this section, the license is automatically suspended until the liability insurance is
replaced.
c. Chemical Treatment Requirements. Applicants who propose to use chemical
substances in any activity related to treatment or disease control of trees must file with the office of
the Community Development Director proof that the applicant administering the treatment has been
certified by the State Department of Agriculture as a "Commercial Pesticide Applicator" for the
current year of operation.
d. Revocation of License. Failure to comply with any part of this chapter will result
in the revocation of the license by the City Council,following a public hearing. Written notice of
the public hearing must be mailed at least ten(10)days prior to the hearing to the current holder of
the license. The notice must outline the violation(s) considered by the City to be grounds for
revocation and inform the holder of the opportunity to be heard at the public hearing.
e. Penalty for Doing Commercial Tree Work Without a License. Violation of the
terms and provisions of this ordinance is a misdemeanor punishable by ninety (90) days in jail and
up to a$700.00 fine or any combination of the two.
Subd. 6. Vegetation Cutting Permit Required
a. Vegetation cutting along bluffs and in ravines. On lands along and within 40 feet
of blufflines and on slopes greater than 24%, and in ravine areas, there no cutting (pruning or
removal) of live trees or shrubs is permitted without a permit.
A permit may be issued by the tree administrator only if:
1.The cutting involves trees less than six inches in diameter at breast height;
and
2.The essential character,quality and density of existing growth is preserved
and continuous canopy cover is maintained.
3. A tree protection plan is approved before any significant tree is cut or
pruned.
4. A tree protection plan must be submitted and approved when required by
the tree administrator to protect significant trees or natural areas.
A permit is not required for:
1. Clearing of woody trees and shrubs ten (10) feet either side of public
3
stairways,trails,thoroughfares and streets;
2. removal of diseased, dead or hazardous trees;
3. removal of buckthorn or other invasive non-native woody plant; and
4. clearing necessary for the maintenance of transportation lines or utility
rights-of-way.
Subd.7 Other Development
a. The development of land as defined in Subd. 3 and 4 must obtain a vegetative
cutting permit and comply with the following standards.
b. Tree Protection Plan
1. A tree protection plan must be approved for any new development project,
and for any structural additions in bluff or ravine areas where significant trees
are located.
2. The tree protection plan must be submitted with concept PUD or
preliminary subdivision plans,or included with submission of a grading plan.
The tree protection plan must be certified by a forester, landscape architect,
or land surveyor retained by the applicant and approved by the City. All City
costs including City consultant costs associated with the preparation of the
tree protection plan will be borne by the applicant.
3. The tree protection plan must included the following information:
a.The name(s),telephone numbers(s)and address(es)of the applicant
and the property owner;
b. location of all existing and proposed buildings, structures, or
impervious surfaces situated upon or contemplated to be built upon
the land;
c. delineation of all areas to be graded and the limits of land
disturbance;
d. location and listing by size and species all existing significant
trees, and delineation of the canopy cover of areas of native woody
vegetation greater than 10,000 square feet in size. The data on the
significant trees should be listed in tabular form on the plan or
included as an attachment;
e.measures to be taken to protect significant trees and large areas of
native woody vegetation; and
f. signature of the person(s)preparing the plan,their certification,and
employer or firm, address,phone and fax numbers.
g. delineation of those trees and vegetation prepared to be moved,
4
removed or impacted.
Subd. 8. Tree Removal
a. Streets, utilities, driveways, parking lots, buildings, and other parts of the
development must be designed to maximize preservation of significant trees and minimize damage
to natural areas.
b. No tree removal site alteration or grading is allowed,until the site plan and tree
preservation plan for the project have been approved by the Tree Administrator.
c. No clearcutting of trees is permitted on any land except as approved in a
subdivision,planned unit development or site development plan application.
d. The removal of dead,hazardous and diseased trees is permitted.
Subd. 9. Tree Replacement
a. All significant trees removed in the course of development, must be replaced on
a one-for-one basis,and$25.00 per diameter inch of significant trees removed must be paid into the
City's Natural Resource Fund.
b. Trees replaced are in addition to any other trees required to be planted pursuant to
any other zoning or subdivision code requirement.
c.Location of Replacement Trees. Replacement trees must be planted in one or more
of the following areas on the land;
1. Restoration areas including steep slopes;
2. outlots or common areas;
3. greenways or areas defining the urban/rural boundary;
4. buffer zones between different land uses and activities;
5. project entrance areas;
6. any other part of the development site except any land dedicated or
conveyed to the City,unless the City consents; and
7. if there is not room on the land for planting all required replacement trees,
alternatively the sum of$100.00 per replacement caliper inch may be paid
into the City's Natural Resource Fund.
d. Replacement Trees.
1.Tree Replacement Plan Required. Applicant must provide a plan showing
the size,species and location of all replacement trees proposed to be planted
on the property in accordance with the tree replacement requirements.
2. Species. Replacement trees must be species which are included on the
• approved tree list of the City and must include species indigenous to the area,
and species similar to those lost or removed. Not more that 20% of the
replacement trees may be of the same species.
3. Size.A minimum of 2.0 caliper inches for deciduous trees(except bur oak,
bicolor oak, ironwood, and ornamental trees, which may be 1.25 caliper
inches),and a minimum of 6 feet in height for coniferous trees.
5
4. Warranty Requirements. Any replacement tree which is not alive or
healthy, as determined by the City Forester, within two years after the date
of the planting of the last replacement tree,must be removed by the Applicant
and replaced with a new, healthy tree meeting the same species and size
requirements.
5. Planting Standards. Planting must adhere to the tree and shrub planting
standards of the City of Stillwater. The tree and shrub planting standards of
the City are those as are adopted by resolution of the City Council from time
to time.
6. Planting Under Power Lines. If any replacement trees are to be planted
under power lines,the replacement trees must be trees which attain a mature
height less than the height of the line,to avoid conflicts with utility service.
Subd. 10. Inspection and Enforcement
a. The following site inspections are required by the Tree Administrator.
1. Site inspection prior to issuance of grading permit to confirm that tree
protection measures are in place.
2. Site inspection after completion of final grading to determine any
additional tree damage or removal.
3. Building lot development when a site plan review is a condition of
approval.
Subd. 11. Agreement to Replace Trees-Security A Developer, prior to the approval of, or
issuance of a permit for, any tree removal or land alteration for which trees are required to be
replaced by the provisions of this Section,must enter into a written agreement with the City. This
agreement must be approved by the Tree Administrator and the City Attorney. The agreement must
include provisions such as the following:
a. The Developer must comply with the provisions and conditions imposed by this
Section and any condition of approval imposed on the issuance of any development
of a permit.
b. The Developer must indemnify the City against any loss, cost or expense
including an amount for reasonable attorney's fees incurred in enforcing the terms
of the agreement.
c. The Developer must provide security for the performance of its obligations. The
security may consist of a bond, letter of credit,cash or escrow deposit, all in a form
and substance as are approved by the City Attorney. The amount of security must
be 150%of the estimated cost to furnish and plant the replacement trees. The cost
will be based upon the reasonable amount charged by nurseries for the furnishing and
planting of trees.
d. The security must be maintained for two growing seasons after the date the last
replacement tree has been planted (the performance period). Any portion of the
6
security not released at the end of the performance period must secure the
Developer's obligation to remove and replant replacement trees which are not alive
or are unhealthy,and to replant missing trees. Upon completion of the replanting the
entire security may be released. Notwithstanding the foregoing, no portion of the
security may be released while there are unsatisfied Developer's obligations to
indemnify the City for any expense incurred in enforcing the terms of the agreement.
Subd. 12.Appeal Procedure The appeal procedure is according to the procedure outlined in
the Zoning Ordinance at Stillwater City Code 31§20:
a. An appeal requires a public hearing;
b. the appeal, along with the appropriate fee, must be filed with the office of the
Community Development Director within ten(10) days after the decision has been
made; and
c.the appeal will be placed on the agenda of the next regular meeting of the planning
commission by the Community Development Director.
Subd. 13.Effective Date This ordinance will be in force and effect from and after its passage
and publication according to law. Except for the provisions of this ordinance with regard to bluffs,
ravines, wetlands, and their buffer areas, (which provision and applicable to the entire city) this
ordinance will not apply to any development that has been given preliminary plat or PUD approval
prior to April 20, 1999.
Enacted by the City Council of the City of Stillwater this day of , 1999.
CITY OF STILLWATER
Jay L. Kimble, Mayor
ATTEST:
Morli Weldon, Clerk
7
$ 0 PLANT HEALTH ASC P02
City of Stillwater
3/8/99
Comparison of Current & Proposed Tree Ordinances
Item Current Ordnance Proposed Ordinance
1.addresses the concept of
"significant trees"and that
some trees have more value
than others
2.requires a license for
commercial tree winp a�nies
regulates cutting ofTive —trees(over 6 in.diameter)
along bluffs and in ntvines
in order to prevent erosion
4.requires that a developer minimaland g al contains language regarding'
adhere to tree protection language regarding adherence to the Tree
standards and practices minimizing damage to trees Protection Standards
during development developed in 1998,which
include specific guidelines
for tree protection practices
S.requires a tree inventory
and protection plan from the
developer
6.allows no ciearcutfing
(removal of all trees from an V
area)except as approved
� tres tree rep acement rep cement: 10 replacement! 1 tree planted
trees/acre,and no relation to for each tree removed and
number or size of trees $25.00 paid per diameter
removed inch of significant trees
removed-relates to number
and size of trees removed
C addresses specifications.
planting standards and Y
warranties for replacement
trees
9.
I ,
9requires Inspections for
compliance
10,requires a performance
security
MEMO
To: Joint Board
From: Steve Russell, Community Development Director
Subject: Amendment to Traditional Residential Accessory Dwelling Unit Regulations
Date: April 8, 1999
The attached change is proposed to regulate accessory dwelling units in the Traditional
Residential Zone District. Accessory units are allowed currently and the change modifies
(reduces)the size and height of the accessory structures.
This provision would not effect density or intensity of use but would effect the design,height and
size of the accessory structure.
Recommendation: Adoption of ordinance.
Attachment: ZAT/99-2 Accessory Dwelling/Structure in Traditional Residential District.
APR-07-99 WED 12 :40 Tel) IR_ ARCHJTECT 651 433 5601 P. 02
4/7/99
EXISTING
•1 s. •r.ir• . ► •. 8 • : r,. • • i: -i• tia ristrlck
Subdivision I I .c.2.b. Accessory Dwelling Units are Permitted Special Uses in
the TR District subject to the following regulations:
I . Lot size must be at least 10,000 square feet;
2. May be located on second floor above the garage;
3. The accessory dwelling unit must abide by the primary structure setbacks
for side and rear setbacks;
4. The accessory dwelling must be located in the rear yard of the primary
residence or be setback from the front of the lot beyond the midpoint of
the primary residence;
5. Off-street parking requirements for an apartment and single family
residence (4 spaces) must be provided;
G. Maximum size of accessory dwelling is 800 square feet;
7. The application required Design Review for consistency with the primary
unit in design, detailing and materials;
8. The height may not exceed that of the primary residence."
Subdivision I 1 .c.3 Accessory Uses. No more than two accessory buildings; one
private garage and one other accessory building, 120 square feet maximum may
be located on a residential premise.
APR-07-99 WED 12 :40 TO ' DR SCH R ARCH TET 651 433 5601 P. 03
27 4)7199
VW cz
Amended 700intzt Qrdinance No. &54 TE,Tra, ‘4, - It0 lc
and
Residential RB District
Subdivision I I .c.2.b. Accessory Dwelling Units are Permitted Special Uses
subject to the following regulations:
I . Lot 512e must be at least I 0,000 square feet;
2. May be located within or attached to the primary structure, or within an
accessory structure (detached from the primary structure);
3. Off-street parking requirements for an accessory unit and single family
residence must be provided:
four off-street parking spaces, three shall be enclosed,
All four spaces must be provided within the setback boundaries of
the property;
4. A detached accessory dwelling must be located in the rear yard of the
primary residence;
5. Detached accessory dwelling units shall not have roof dormers that face
the nearest residential lot side yard property line.
Subdivision I I .c.3 Accessory Structures.
I One accessory structure may be located on a residential premise.
2. Uses may include one or more of the following:
a. Accessory dwelling unit,
b. Private garage (only if not already attached to primary structure),
c. tiome office,
d. Storage.
3. Maximum size of a detached accessory structure is:
440 square feet, one story,
720 square feet (when grade level used as only garage, i.e. no
garage attached to primary 5tructure), one and-one-half stories;
20 feet maximum building height,
4. A detached accessory structure must abide by the following setbacks:
Side yard 5 feet,
Rear yard I 0 feet;
5. The application requires Design Review for consistency with the primary
unit in de$ign, detailing and materials;
6. Detached acceseory structures shall not have window openings facing
the rear property line (exception: skylights in the roof plane) when within
I 0-25 feet of the rear property tine;
7. Detached accessory structures located on corner lots shall have the
garage doors turned away from the side street unless beyond the
midpoint of the structure.
APR-07-99 WED 12 :41 TOD RESCHERwARCHITECT .__ 651 433 5601 P. 04
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MEMO
To: Joint Board
From: Steve Russell, Community Development Director
Subject: Fertilization Ordinance
Date: April 8, 1999
The City Council recently adopted the enclosed Fertilization Ordinance to help protect the City's
lakes and wetlands. The Fertilization Ordinance prohibits the application of phosphorous
without documentation of need and limits the application of nitrogen. This ordinance was called
for in the AUAR. The ordinance goes into effect on January 1, 2000 to provide adequate notice
to city residents and suppliers.
Recommendation: Adoption of Fertilization Ordinance.
Attachment: Fertilization Ordinance
ORDINANCE NO. 873
CITY OF STILLWATER PUBLIC WATERS PROTECTION
AN ORDINANCE FOR MANAGING PUBLIC WATER QUALITY IN THE CITY OF
STILLWATER FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER,
CONVENIENCE AND GENERAL WELFARE,TO PRESERVE AND ENHANCE THE QUALITY
OF SURFACE WATER, TO PRESERVE THE ECONOMIC, HISTORIC AND NATURAL
ENVIRONMENTAL VALUES AND TO PROVIDE FOR THE WISE UTILIZATION OF WATER
AND RELATED LAND RESOURCES.
THE CITY COUNCIL OF THE CITY OF STILLWATER ORDAINS:
SECTION 1 TITLE
1.1 Short Title. This Ordinance shall be known, cited and referred to as the City of Stillwater
Public Waters Protection Ordinance; except as referred to herein, where it shall an amendment to be known
as, "This Ordinance".
SECTION 2 INTENT AND PURPOSE
2.1 Purpose. This Ordinance is adopted for the purpose of:
(a) Regulating permitted uses in the City, and; regulating the use of certain lawn care
practices. The use of certain lawn care practices within the City will be regulated
to preserve and enhance the water quality of the lakes,ponds, wetlands, creeks and
St. Croix River, prevent erosion into these water bodies, fix nutrients, preserve
shoreland aesthetics, preserve historic values, prevent bank slumping, protect fish
and wildlife habitat, and preserve the economic and natural environmental values
of the surface waters and underground waters of the City.
(b) Conserving and developing natural resources, and maintaining a high standard of
environmental quality.
SECTION 3 STATUTORY AUTHORIZATION AND POLICY
3.1 Statutory Authorization. This Ordinance is adopted pursuant to the authorization and
policies contained in Minnesota Statutes, Chapter 103 A-I, Minnesota Regulations, Parts 6120.2500-
6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
3.2 Policy. The uncontrolled use of the waters and shorelands within the City,affects the public
health, safety and general welfare by contributing to pollution of public waters and degradation of the
environmental and aesthetic values and by impairing the local tax base. Therefore,it is in the best interests
of the public health, safety and general welfare to provide for the wise development, use, and conservation
of the waters and shorelands within the City. The Minnesota legislature has delegated responsibility to local
governments of the state to regulate the subdivision, development and use of shorelands of public waters and
1
thus to preserve and enhance the quality of surface waters, to manage the effects of shoreland crowding, to
conserve the economic, historic and natural environmental values of shorelands,and to provide for the wise
use of waters and related land resources. This responsibility is hereby recognized by the City of Stillwater.
SECTION 4 GENERAL PROVISIONS AND DEFINITIONS
4.1 Jurisdiction. The provisions of this Ordinance apply to the entire City since all lands drain
runoff or surface water directly or indirectly into the lakes or any one of them, into Brown's Creek or it
tributaries and into the St. Croix River.
4.2 Interpretation. In their interpretation and application, the provisions of this Ordinance
shall be held to be minimum requirements and shall be liberally construed in favor of the governing body
and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
4.3 Severability. If any section, clause, provision or portion of this Ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not
be affected thereby.
4.4 Abrogation and Greater Restrictions. This Ordinance is in addition to and not in lieu of
other official controls adopted by the City Council of the City of Stillwater or the Minnesota Department of
Natural Resources. Where the standards, regulations or provisions contained in this Ordinance are
inconsistent or in conflict with the standards, regulations or provisions of the separate covenants running
with the land in each of the developments described in Section 4.1, any provisions of the Minnesota
Department of Natural Resources' Statewide Standards for Management of Shoreland Areas (7/3/89) (the
"DNR Statewide Minimum Standards"), or the provisions of any other applicable covenants, statutes,rules,
regulations or ordinances, the most restrictive provisions shall govern in order to preserve, protect and
enhance the water quality, natural environmental economic and historic values and aesthetic beauty of the
subwatersheds of the lakes.
4.5 Definitions. Unless specifically defined below, words or phrases used in this Ordinance
shall be interpreted so as to give them the same meaning as they have in common usage and so as to give
this Ordinance its most reasonable application. For the purpose of this Ordinance, the words "must and
shall" are mandatory and not permissive. In the event of a conflict between any definition contained herein,
in the DNR Statewide Minimum Standards, or in any other applicable covenant, statute, rule,regulation or
ordinance, the most restrictive definition shall govern.
(1) Buffer Zone. Buffer zone means the 90 foot wide strip of land, measured at a right angle
to the shoreline or the Ordinary High Water Level, adjacent to every lake, pond, wetland,
creek, river or standing water surface.
(2) Lot. Lot means a parcel of land designated by plat, metes and bounds, registered land
survey, auditor's plot,or other accepted means, and separated from other parcels or portions
by said description for the purpose of sale, lease, or separation..
(3) Pesticide. Pesticide means insecticides, herbicides and fungicides
(4) Quick-release Nitrogen. Quick-release nitrogen means ammonium nitrate,
ammonium sulfate, calcium nitrate, and urea.
2
(5) Shoreland. Shoreland means all land within the subwatersheds of any lake, pond, wetland,
creek or river within the City.
(6) Slow-release Nitrogen. Slow-release nitrogen means IBDU, sulfur-coated or resin-coated
urea, ureaformaldehyde, and natural organics such as milorganite, ringer, sustane, manure,
grass clippings,phosphate rock, and potash.
SECTION 5 RESTRICTIONS
5.1 Fertilizers.
(a) General Provisions:
(1) Fertilizing is prohibited in the Buffer Zone and within 90 feet of any
standing water surface.
(2) Beyond the Buffer Zone, fertilizing is permitted subject to the restrictions
set forth herein, but should be avoided if possible and minimized, in any
event.
(3) Fertilizing is prohibited when the ground is frozen and between November
15 and April 15.
(4) Lot owners who fertilize should have their soil tested at least once every
three years by a soil test laboratory such as the University of Minnesota to
determine the proper amounts of nitrogen and potassium to be applied.
(5) Fertilizer, yard waste or grass clippings must not be cast upon or applied
to an imperious surface such as a driveway, sidewalk or street. If this
material is inadvertently spilled upon such a surface it should be swept and
cleaned from the surface.
(b) Phosphorus:
(1) General: Fertilizers containing phosphorus are prohibited unless the soil
is demonstrably phosphorus-deficient as shown by a reliable soil test. If
the soil is demonstrably phosphorus-deficient, phosphorus-containing
fertilizer may be applied provided that phosphorus is applied only in the
amount specified by the soil test or by written report from other competent
professional based on the soil test.
(2) New Lawns: If phosphorus is to be applied in lawn based on the results of
a reliable soil test,the fertilizer must be incorporated into the soil seed bed
before seeding or laying sod.
(3) Record keeping: If phosphorus is applied, the Lot owner must provide
copies of all soil test reports demonstrating the phosphorus deficiency in
the soil and must provide copies of records reflecting the analysis and
3
amount of fertilizer applied to the City Forester and/or must, upon the
City's request, provide samples of lawn fertilizer(large enough to permit
laboratory testing) to be applied.
(c) Nitrogen:
(1) Application of more than 1 pound actual nitrogen per 1000 square feet of
lawn per year on "low maintenance" lawns and of more than 3 pounds
actual nitrogen per 1000 square feet of lawn per year on "high
maintenance" lawns is prohibited on established lawns unless the Lot
owner has a written recommendation from a competent professional for
higher nitrogen applications based on a reliable soil test.
(2) Only Slow-release Nitrogen organic fertilizer may be used. The use of
Quick-release Nitrogen fertilizer is prohibited.
(3) If nitrogen is applied at rates greater than those specified in Section
5.1(c)(1), the Lot owner must provide copies of the written
recommendation required therein to the City Forester.
(d) Regulations for Commercial Lawn Fertilizer Applicators:
(1) License Required. No person, firm, corporation or franchise shall engage
in the business of commercial lawn fertilizer application within the
subwatersheds of the lakes in the City, unless a license has been obtained
from the City Clerk as provided herein.
(2) License Application Procedure. Applications for a commercial lawn
fertilizer applicator license shall be submitted to the City Clerk. The
application shall consist of the following:
(i) Name, address and telephone number of applicant and any
individuals authorized to represent the applicant.
(ii) Description of lawn fertilizer formula proposed to be applied on
lawns within the City.
(iii) A time schedule for application of lawn fertilizer and identification
of weather conditions acceptable for lawn fertilizer application.
(iv) Fertilizer Sample. A sample of lawn fertilizer must be submitted
to the City along with the initial application for a license, and,
thereafter, at least thirty (30) days before fertilizer composition
changes are implemented. A sample submittal can be replaced by
a chemical analysis certified by an independent testing laboratory.
(v) License Fee. The license fee will be as designated, from time to
time,by Stillwater City Council resolution. The license will expire
on the 31st day of December. The license fee will not be prorated.
4
(vi) Performance Bond. A bond in the amount of$1,000.00 will be
submitted with the application form. The bond will be conditioned
upon compliance with the City's regulations. Actions to collect
bond proceeds may not prevent the City from filing criminal
complaints for ordinance violations.
(3) Conditions of License. A commercial lawn fertilizer applicator license
shall be issued subject to the following conditions which shall be specified
on the license form:
(i) Random Sampling. Commercial lawn fertilizer applicators shall
permit the City to sample any commercial lawn fertilizer to be
applied within the subwatersheds of the lakes at any time after
issuance of the initial license.
(ii) Possession of License. The commercial law fertilizer applicator
license or a copy thereof shall be in the possession of any party
employed by the commercial lawn fertilizer applicator when
making lawn fertilizer applications within the subwatersheds of the
lakes.
(iii) State Regulations. Licensee shall comply with the provisions of
the Minnesota Fertilizer and Soil Conditioner Law as contained in
Minnesota Statutes Section 17.711 through and including 17.729
and amendments thereto.
(iv.) Compliance with City Regulations. The Licensee must abide by
the restrictions on the use of fertilizers and pesticides that are
contained in this ordinance.
5.2 Pesticides (Insecticides,herbicides, Fungicides and Other Chemicals).
(a) The use of chemical pesticides in accordance with their label is permitted, but
should be avoided as much as possible, because a regular cycle of chemical
treatments stresses a lawn and makes it more susceptible to Pests and drought.
(b) Before using chemical pesticides, the Lot owner must consult the Minnesota
Extension Service, the Washington County Soil&Water Conservation District or
other competent professional to diagnose properly the Pests, disease or other
vegetative problem,and to determine if pesticide use is justified or if there are other
control options.
(c) When consultation as provided under subparagraph(b)has determined that pesticide
use is warranted, a pesticide program may be implemented,provided that:
(1) The Lot owner must use the least toxic and most readily degradable
pesticide which will be effective.
5
(2) The pesticide must be applied only and exactly as directed on the label.
(3) Pesticide applications must be properly timed to maximize their overall
effectiveness.
(4) Pouring of excess pesticide on the ground or into the lakes or other surface
waters is prohibited.
(5) The Lot owner may purchase only the amount of pesticide necessary for the
current season, and must dispose of unused pesticide and pesticide
containers properly.
SECTION 6 ENFORCEMENT
6.1 Enforcement. The City Council of the City of Stillwater is responsible for the
administration and enforcement of this Ordinance.
6.2 Violations and Penalties. Any violation of the provisions of this Ordinance or failure to
comply with any of its requirements (including violations of conditions and safeguards established in
connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and shall be
punishable by a fine of not more than$700.00 or by imprisonment for not more than 90 days, or both,plus
the costs of prosecution in any case. Violations of this Ordinance can occur regardless of whether or not a
permit is required for a regulated activity pursuant to this Ordinance.
6.3 Civil Remedies. This Ordinance may also be enforced by injunction,action for abatement,
or other appropriate civil remedy, or by citation written and processed as an administrative proceedings in
City Court
SECTION 7 EFFECTUATION
7.1 Effective Date. Passed by the City Council on this 16th day of March, 1999.This ordinance
will be in full force and effect from and after its passage and publication according to law, except that
Section 6 Enforcement will not be in force or effect until January 1,2000. _
J; 0re ay or
A'TEST:
ile
Kriesel, Acting City Clerk
Published Stillwater Gazette 3/19/99
6