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HomeMy WebLinkAbout2006-05-24 Joint Board Packet (3)• te, P THE BIRTHPLACE OF MINNESOTA Meeting Notice Stillwater City and Town Joint Board City Council Chambers 216 North Fourth Street Stillwater MN 55082 7 p.m. Wednesday, May 24, 2006 Agenda 1. Case No. PUD/06-10. A concept planned unit development for a 15 lot development on 5+ acres (Brown's Creek Reserve) in the AP, Agricultural Preservation District. Tim Freeman, Folz, Freeman, Erickson, Inc. 2. Case No. PUD/SUB/ZAM/06-16. A planned unit development for a 51 lot development on 25.28 acres located at 12525 75th St N and 12620 and 12550 72"d St N in the AP, Agricultural Preservation District (Legacy on Long Lake), a subdivision of a 51 lot development of residential use and a zoning map amendment to rezone from AP, Agricultural Preservation to RA, Single Family Residential. Elite Development, applicant. Other Items. CITY HALL: 216 NORTH FOURTH STREET • STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800 • WEBSITE: www.ci.stillwater.mn.us d tJ► Stillwater City and Town Joint Board April 26, 2006 Present: David Johnson and Linda Countryman, Stillwater Township David Junker and Jay Kimble, City of Stillwater Others: Community Development Director Bill Turnblad, City of Stillwater Attorney David Magnuson, City of Stillwater Chair Johnson called the meeting to order at 7 p.m. Case No. ANN/06-02 Annexation petition for a 2.3 acre parcel of property at 12764 Boutwell Road in the AP, Agricultural Preservation District, into the City of Stillwater. Scott Junker, applicant. Mr. Turnblad explained the request and noted that city utilities will be available to the parcel by the end of this construction season. He noted that the City Planning Commission had approved the request based on Mr. Scott Junker's statement that he intends to subdivide the property after the extension of utilities. Staff believes it would be appropriate to wait until services are actually available to the parcel, he said; if the Board does decide to take action at this time, he said it is the recommendation of staff that a condition be attached that the annexation does not become effective until the final subdivision plans are approved. Mr. Kimble pointed out that this parcel is contiguous to the City both on the northeast and the south as Boutwell Road also has been annexed to the City. Attorney Magnuson suggested, if approved by the Joint Board, annexation could proceed at this time with the condition that Scott Junker not make application for subdivision until after construction is completed; it also was noted that approval of the subdivision would come back to the Joint Board for comment/approval. Chair Johnson pointed out that typically of concern to the Joint Board in annexation requests is whether the request meets the criteria of contiguousness to the City and the timeline for proper consideration. Beyond that from the Joint Board's standpoint, Chair Johnson said the issues are City issues. Chair Johnson said he thought this request meets the criteria according to the Orderly Annexation Agreement. Ms. Countryman questioned why other annexation requests in the nearby area were denied. Mr. Turnblad explained that other requests involved much larger properties. Mr. David Junker noted that the traffic impact of other requests would be much greater; he also noted the other requests involve property to the south of Boutwell Road and involve a decision on the extension of Neal Avenue. Mr. Kimble moved approval of the annexation request subject to the condition that the subdivision not proceed until the sewer is in place. Ms. Countryman seconded the motion. Chair Johnson questioned the need for any condition, suggesting that any condition should be a decision of the City. Motion passed 3-1, with Ms. Countryman voting no. Case No. ZAM/06-01 Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TH, Townhouse on 25.3 acres of land, Millbrook Development, located south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue. US Homes, Applicant. Case No, ZAM/06-02 Zoning Map amendment changing the zoning designation from Agricultural Preservation AP, to CR, Cottage Residential on 69.9 acres of land, Millbrook Development. US Homes, applicant. Stillwater City and Town Joint Board April 26, 2006 Case No. ZAM/06-03 Zoning Map amendment changing the zoning designation from Agricultural Preservation, AP, to TR, Traditional Residential on 72.7 acres of land, Millbrook Development. US Homes, applicant Case No. PUD/06-07 Planning Unit Development for a 270 lot development on 132+/- acres of land south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue, Millbrook Development, US Homes, applicant. Case No. SUB106-06 Preliminary plat approval for a 270 lot development on 132+/- acres, Millbrook Development. US Homes, applicant. Case No. ANN/06-01 Annexation of 132 +/- acres of land into the City of Stillwater, Millbrook Development, located south of TH 96, west of Neal Avenue, north of Brown's Creek and east of Manning Avenue. US Homes, applicant. Mr. Turnblad noted that for the first three cases related to the rezoning of the Millbrook Development, the Joint Board has the authority to approve or deny the cases. With respect to the Planned Unit Development, preliminary plat approval and annexation, the Joint Board has the authority to review and comment. He noted that the Joint Board authority regarding the annexation request is limited to review and comment because this property is located in Phase III of the Orderly Annexation Agreement, where annexation is allowed after 2003. Mr. Turnblad briefly reviewed the plans for development in three phases, along with parks and trail dedication. He noted that US Homes has asked to be guaranteed the issuance of 90 building permits per year during the course of their project. According to the Orderly Annexation Agreement, 120 permits can be issued annually and there should be no problem in guaranteeing the issuance of 90 permits a year for the Millbrook project, he said. Chair Johnson pointed out the Joint Board has reviewed a number of plans for the project and asked that the changes between the last presentation and the current proposal be identified. Phil Carlson, Jay Liberacki and Dan Schmidt were present representing US Homes. Mr. Carlson reviewed the changes. One of the changes was the location of some of the townhomes, he pointed out. A significant negotiating point with the City he said was the amount of park dedication. The latest proposal represents a 30 percent increase in the amount of parkland, he noted. Another change he spoke to was the design of interior roadways, including a roundabout. He noted there have been numerous minor changes, including the trail connections. The number of units, 270, is about the same, he said. Mr. Johnson asked about the intended uses of the three designated parks. Mr. Carlson said the area by South Twin Lake is intended for more passive use; the one -acre park is intended as a neighborhood play area. Dan Schmidt spoke to the use of the water amenities and the retention/filtration of the water prior to entering Brown's Creek. Mr. Johnson asked about the view from Highway 36, whether there would be berming, etc. Mr. Carlson said the park would be City property and the City could do landscaping if it chooses. Mr. Carlson also noted that the grading plan will result in homes in the development being at about the same height as the ground form that is seen now. Mr. Carlson noted that existing trees along Highway 96 would be retained. Ms. Countryman asked about the use of permeable surfaces for trails, etc. Mr. Carlson said at this point there are no plans for permeable paving for streets or sidewalks; the trails will be asphalt, except for the trail along the south of South Twin Lake, which is still an issue in negotiation. Mr. Carlson noted the developer has pledged to build trails according to the City's specification. Mr. Junker noted there are 17 conditions of approval; he noted that regarding Condition No. 14, the Planning Commission recommended that plans be review and approved by the City engineer. Mr. Junker stated he had been rather vocal regarding Conditions 1 and 2 providing for a bituminous trail around the Stillwater City and Town Joint Board April 26, 2006 entire perimeter of South Twin Lake. Mr. Junker said regarding Condition No. 8, he would like some additional language, although that might be a City issue. Mr. Johnson asked about parking near the major, active park. Mr. Carlson pointed out there are 48 spaces on -street in close proximity to the park; a parking lot would be a City option. Mr. Junker asked if the proposed conditions of approval should be added to all of the cases; Mr. Turnblad said it would be appropriate to add the conditions to the PUD and preliminary plat approval. Mr. Johnson opened the meeting to public comment. Ruth Bruns, 8790 Neal Avenue, expressed a concern about construction traffic on Neal, an unimproved road. She also expressed a concern about trash and maintenance of the trail around South Twin Lake. It was noted that City staff has requested that construction traffic be kept off Neal for as long as possible, certainly during the first phase. David Stone, 12850 McKusick, expressed concern about the trail along Brown's Creek and asked whether the trail could be set back farther from his property. He also questioned the use of blacktop for the trail surface and the possibility of runoff. Ed Otis, 12070 87th Street Circle, expressed a concern about the phasing and the provision for access for emergency vehicles. Mr. Carlson said that issue has been discussed with City staff; in the second phase, the City may require an emergency access to Neal, he noted. Mr. Liberacki said there have been discussions with City, County and State about the possibility of a secondary access off Highway 96 during the construction period. Mr. Otis asked about any future plans for a shelter for those folks living in townhomes. It was noted the townhomes will have basements. Mr. Otis questioned who would be doing the ongoing inspection/maintenance of the water filtration systems. Mr. Kimble explained that the issue of the inspection/maintenance of the water retention/infiltration systems was an issue between the Watershed District and the City. Art Palmer, 12427 Dellwood Road, expressed concern about "people pollution" and the "urbanization" of South Twin Lake by providing for the trail. The public comment period was closed. Mr. Kimble moved approval of the Zoning Map amendments, Case ZAM/06-01, ZAM/06-02 and ZAM/06-03. Ms. Countryman seconded the motion; motion passed unanimously. Mr. Kimble moved approval of the planned unit development, Case No. PUD/06-07, as conditioned, with the language change to Condition No. 14 as suggested by Mr. Junker, and approved by the City engineer. Ms. Countryman seconded the motion. Mr. Junker said for the record he did not feel some of the conditions were cleared up enough. Chair Johnson noted that was an issue for the City. Motion passed 3-1, with Mr. Junker voting no. Mr. Kimble moved approval of the preliminary plat, Case No. SUB/06-06. as conditioned. Ms. Countryman seconded the motion. Motion passed 3-1, with Mr. Junker voting no. Stillwater City and Town Joint Board April 26, 2006 Mr. Kimble moved approval of the annexation, Case No. ANN/06-01, as conditioned. Ms. Countryman offered a reluctant second to the motion. Motion passed 3-1, with Mr. Junker voting no. Case No. ANN/06-03 Annexation into the City of Stillwater of a .36 acre parcel of property on Boutwell Road, 328 feet southeast of the intersection of Neal Avenue, for the purpose of stormwater retention in the Agricultural Preservation District. City of Stillwater, applicant. Mr. Turnblad said the City's Public Works Department is requesting annexation of the parcel to provide stormwater ponding for runoff from the Boutwell Road improvements. The parcel is owned by the Township. The property is very low lying and a parcel that can easily be converted to a stormwater pond, he said. The resident of 7919 Neal Avenue, whose property abuts the parcel in question, said it was his understanding the property was dedicated parkland by the Township. He noted the new trail would go by the parcel and suggested it might be nice to have the ponding area serve as a stopping off point, with a bench perhaps. Richard Schultz, 13055 Boutwell Road, who lives across the street from the parcel, asked if the track culvert would be blocked off to prevent drainage through the culvert into a nearby low spot. Chair Johnson noted the parcel has served as a stormwater detention area for years since it is a depression. He said he welcomed the constructive suggestion that the area be improved to serve as an additional amenity. There was a question as to whether there might be a covenant regarding park use. Chair Johnson noted that the change in ownership from the Town to the City would not change the use — it would remain public space. Ms. Countryman spoke in favor of making the trail friendly and welcoming with the suggested enhancement. Ms. Countryman moved to approve the annexation and encourage the City to consider improvements/enhancements to the parcel so that it is conducive for use as a passive park area as well as a water retention resource. Mr. Kimble seconded the motion; motion passed unanimously. Case No, ANN/06-04 Annexation of all that part of the right of way of Neal Avenue North from the north side of the railroad right of way of the Minnesota Zephyr to the north right of way of Boutwell Road North excluding therefrom any portions already annexed to the City of Stillwater, City of Stillwater, applicant. Mr. Kimble noted this request is being made so that future improvements to Neal Avenue can be made with the benefit of State Aid funding. He said only the roadway is involved, similar to the action taken with Boutwell Road. Ms. Countryman, seconded by Mr. Junker, moved approval of the annexation. There was a question about the location of the future trail on Neal Avenue; it was noted a decision has not been made as to whether the trail will be located on the east or west side of Neal. Motion to approve the annexation passed unanimously. Stillwater City and Town Joint Board April 26, 2006 Other items: Update of McKenzie and Meisterling development: Mr. Turnblad said staff had not yet reviewed the details of the proposal. The main feature, he said, is that 72nd Street would be realigned. Park/open space along Long Lake is an item of discussion, it was noted. Mr. Turnblad said the Carlson PUD would likely be on the Board's next agenda and asked about a preference for scheduling the next meeting. Mr. Johnson noted that generally it is the City's timeline that determines the need for meetings. A preference was expressed for a May meeting, rather than June. Mr. Kimble, seconded by Mr. Junker, moved to adjourn the meeting at 9:10 p.m. Respectfully submitted, Sharon Baker Recording Secretary