HomeMy WebLinkAbout2003-06-25 Joint Board Packetr
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, June 25, 2003
Agenda
Public Hearings:
1. Case No. ZAM/03-03. A zoning map amendment to rezone 10 lots located along
62nd Street North from AP, Agricultural Preservation to LR, Lakeshore Residential.
Kevin and Roxanne Shoeberg, applicants.
2. Case No. SUB/03-61. A subdivision of a 3.03 acres lot into four lots of: Lot 1-
40,946 square feet; Lot 2 - 26,000 square feet; Lot 3 - 26,000 square feet; Lot 4 -
26,000 square feet located at 12730 62nd Street North in the LR, Lakeshore
Residential District. Kevin and Roxanne Shoeberg, applicants.
Other Items
Other Business.
CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 651-430-8800
MINUTES OF THE CITY OF STILLWATER
AND TOWN OF STILLWATER JOINT BOARD
HELD AT THE CITY COUNCIL CHAMBERS
216 NORTH FOURTH STREET
STILLWATER, MINNESOTA 55082
AT 7:00 P.M.; WEDNESDAY, APRIL 2, 2003
At 7:05 p.m. the meeting was called to order by Chairman, David Johnson. Present for
the Board were Chairman, David Johnson; Stillwater Town Board Supervisor, Duane Laabs;
Stillwater Mayor, Jay Kimble; and Stillwater Council Member David Junker. Also present were
Steve Russell, Community Development Director for the City of Stillwater; and David T.
Magnuson, Stillwater City Attorney. Also present were members of the public, and the
developers and their representatives.
Chairman Johnson opened a public hearing on Case No. PUD/03-14. The
Conceptual Planned Unit Development permit consideration for the 11.87 acre
development, known as Liberty Village, located in the VC—Village Commercial Zoning
District, at the corner of County Road 15 and County 12, Contractor Properties, applicant.
Chairman Johnson asked Steve Russell to present an overview of the application which he did
and at that time the developer's representative, Mark Putnam, was asked to give a presentation
for the applicant. Mr. Putnam discussed the history of the development of the site and the many
meetings that had been held with regard to the elements of the commercial corner. After this
presentation Chairman Johnson asked for comments by the public. The following people
appeared and gave the following testimony:
1. Jennifer Haas, 2362 Pioneer Place, Stillwater, was concerned about the noise
from the dryers and hours of operation of the car wash located at the Kwik Trip convenience
store. She noted that Apple Valley required that the car wash limit it hours and change the
dryers to be further away from residential conflict. She asked that the City require that the
1.
permit be reviewed at least once a year.
2. Bill McMichael, 153 Rutherford Road, Stillwater, appeared and said that he
could go to five gas stations within three miles and there was no need for another gas station. He
was concerned about traffic and noise impacting on the residential area. He wanted the car wash
eliminated and an annual review of the permit.
Mr. Putnam responded to these objections by noting that the design was purposely
developed for a mix of uses. The roads would slow traffic, thereby eliminating much of the cut—
through traffic and great deal of effort was brought to bear on blending the uses. He discussed
the noise from the car wash as minimal as it was positioned to block the gas pumps from County
Road 15 and moved out on the corner to get away from residential conflicts. He noted that the
brand of blower would have a large effect and the dryer fans were located twelve feet inside of
the building. He opined that the buildings, as well as the street trees, would buffer the sound.
3. Kevin Doctor, 141 Rutherford Road, Stillwater, appeared and felt that the
Board was too focused on development and not on protecting the neighborhood and that the
Board should give consideration to the neighbors and they should be protected from noise and
the appearance of dumpsters on the site.
4. Robert Kroening, 240 Rutherford Road, Stillwater, appeared and gave a
history of development and noted the effort brought to have a design intentionally close to a
residential neighborhood so that people could walk to work and walk to gas, food and grocery
services near their community. He urged the Board to support the project.
5. Chairman Johnson asked how the noise would be abated and he responded that
the car wash was the closest to County Road 15 to intentionally move it away from residential
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conflicts, further that the blower dryers and the position of the dryers within the building would
minimize noise. Steve Russell noted that the City has noise standards and has worked with the
car wash on County Road 5 to close the doors when the fans are in operation. A resident asked
about the planting of pine trees, which would have a greater effect on noise buffering. Board
Member David Junker said that the City Planning Commission had addressed many of these
same issues and had limited the car wash hours in the conditions of approval on the Special Use
Permit. Board Member Mayor Kimble talked about the noise in this area compared to parts of
St. Anthony Village that he remembered as a child, where the noise from the freight cars was
substantial, but never heard by people in the neighborhood who became used to it.
-Board Member Duane Laabs asked about the lighting, the hours of operation of the car
wash, the uses proposed for the public park, snow removal, the narrowness of streets, and the
noise emanating from the car wash. Scott Tiagen, representing Kwik Trip, explained that the
manufactures say that the blowers ordered would meet the City's noise requirements, would be
recessed twelve feet within the building, that landscaping would buffer, and that the owners of
Kwik Trip would do all they could to abate the noise.
Thereafter the public hearing was closed. Board Member David Junker moved, seconded
by Board Member Mayor Kimble to approve PUD/03-14, subject to any conditions of approval
on the PUD. The motion passed
4 in favor
0 against
6. The Chairman opened the public hearing on Case No. SUB/03-15, preliminary
plat approval for subdivision of an 11.87 acre site into nine lots and one outlot, ranging in size
from .35 to 1.47 acres located in the VC—Village Commercial Zoning District at the corner of
-3-
County Road 15 and 12, Contractor Properties, applicant. After some discussion in recognizing
the similarities between the Conceptual Planned Unit Development approval previously given,
Board Member Mayor Kimble moved, seconded by Board Member David. Junker, to approve the
subdivision. A motion passed
4 in favor
0 against
7. The Board considered Case No. SUP/03-16, a Special Use Permit for the
commercial gas station and car wash, located at the corner of County 15 and 12 in the VC—
Village Commercial Zoning District, Contractor Properties, owner. Scott Tiagen, Kwik
Trip convenience store, applicant. Chairman Johnson asked Scott Tiagen to give an overview
of the project, which he did. He explained the background on the design and the efforts made by
Kwik Trip to have architecture fit the site. He explained that Kwik Trip is a family owned
business, concentrating on groceries rather than gas, but that Kwik Trip realized that now gas
and other features offered at a convenience store are needed in order to attract customers. He
said that he received a call from Jennifer Haas and had agreed that a vapor recovery system
would be installed with the gas pumps and agreed that this should be added as a condition of
approval. He explained that his would avoid air pollution. He mentioned that all pumps were
grounded to avoid fire. Board Member Laabs asked if the vapor recovery would lessen fire
danger and Mr. Taigen said it possibly could, but it can never be ruled out with absolute
certainty. Since no action was needed on this, the Board took no action but commented
favorably on their review responsibility for this permit.
8. The Board considered Case No. SUP/03-17, a Special Use Permit for a 4,805
square foot bank building with drive—thru, located in the VC—Village Commercial Zoning
-4-
District on the corner of County 15 and 12, First State Bank, owner; Kanman Companies,
applicant. The Board listened to a presentation by Mr. Keillor, architect for the bank. He
explained the concept and the great effort that the architects had put into satisfying the City's
design review standards At the close of the presentation and after listening to comments by the
public, the Board took no action, but commented favorably on their review responsibilities as a
Joint Board.
9. Mr. Russell explained the 2002 building activity and explained that through 2002.
The allotted permits were 840 housing units and that the City had used 718 housing units. He
noted that for 2003, 204 housing units would be available for issuance under these standards in
the Orderly Annexation Agreement. Mr. Johnson explained that the possible shortage of permits
had been discussed at the Town Board and if a ceiling might be reached that would impede
progress of development, the Town Board would be willing, at least, to discuss the issue. Board
Member Mayor Kimble indicated that he appreciated the position of the Town Board, but every
effort would be made to limit growth to the allotted permits in view of the impact of this growth
on City services.
10. Mr. Russell presented the status on the Boutwell South area plan and traffic study,
noting that it was incomplete and needed further work and that a cost sharing arrangement had
been proposed between Washington County, the developers and the City. He noted that with
budget problems, the study was on hold until an agreement could be reached on funding. He
indicated that he would keep the Joint Board informed.
11. Mr. Russell noted that the City had completed purchase of the Boutwell Cemetery
on February 6, 2003 and that the property would be used as open space, as part of the Brown's
Creek Nature Preserve, and to augment the City's park system. Appreciation was expressed to
-5-
the Town of Stillwater for the donation of the adjacent park parcel from the Spring Creek
1.
Development.
Business being concluded, the Board adjourned at approximately 9:00 p.m.
Respectfully submitted,
David T, gnrison
City Att ey and Acting Secretary
IN
Memo
To: Stillwater Township/City Joint Board
From: Sheila McNamara, Planning and Building Departments
Date: June 18, 2003
Subject: Planning Commission Minutes of June 9, 2003
The Planning Commission minutes of June 9, 2003 were not available at the time the
Joint Board packets were mailed out. The minutes will be mailed to all members on
Friday, June 20, 2003.
Memo
To: Stillwater Township/City Joint Board nn
From: Steve Russell, Community Development Director /v
Date: June 17, 2003
Subject: Public Hearing on Rezoning (Zoning Map Amendment) Changing the
Zoning of Approximately 25 Acres of Land from Agricultural
Preservation (AP) to Lakeshore Residential (LR). Case No. ZAM/03-
03.
Background. This area was a part of the Phase I annexation (1996). The area
proposed for rezoning is designated large lot single family on the land use map of the
Comprehensive Plan. The proposed rezoning is consistent with the land use
designation (2 du/acres).
The applicant is requesting rezoning and subdivision. Joint Board authority is review
and approval over zoning amendments and review and comment for consistency of the
subdivision request with zoning.
Planning Commission Review. The Planning Commission held a hearing on the
zoning map amendment on June 9, 2003 (minutes and staff report are attached).
Several area property owners spoke in opposition of the request indicating concern for
neighborhood character, traffic and runoff as reasons for opposition.
The applicant indicated the request is consistent with the Comprehensive Plan.
This item is scheduled for the City Council meeting of July 15, 2003.
Recommendation: Decision on request.
Attachments: Application, Land Use Map, proposed zoning map, CPC staff report and
minutes of June 9, 2003.
Memo
To: Planning Commission
From: Steve Russell, Community Development Director
Date: June 5, 2003
Subject: Zoning Map Amendment Changing the Zoning of Nine Lots Containing
Approximately 25 acres from Agricultural Preservation, AP, to
Lakeshore Residential, LR, 20,000 Square Feet Per Lot. Kevin and
Roxanne Shoeberg, applicants. Case No. ZAM/03-03
Background. This area was annexed to the City in 1996 as a part of Phase I city
expansion. Per City Land Use Policy, the property came into the city zoned Agricultural
Preservation as an initial holding zone for further study and specific urban designation.
The AP zone district requires a 10 acre lot size and for this use requires additional
planning study, rezoning before subdivision.
Proposed Rezoning. The proposed zoning is for changing the zoning from Agricultural
Preservation to Lakeshore Residential. The district being proposed for rezoning is nine
large lots of 2-3 acres located north and south of 62nd Street (a related application from
the applicant for the zoning amendment proposed subdividing a 3 acre lot into four
lots. Case No. SUB/03-61.)
Analysis. The application is consistent with the single family large lot land use
designation of the comprehensive plan. The whole area is being considered for
rezoning to coordinate public utilities and to have consistent land use. Utilities can be
provided from the surrounding area. Zoning amendments require Joint Board
approval.
Recommendation: Approval of the rezoning.
Findings: The proposed rezoning is consistent with the Comprehensive Plan.
Attachments: Application and rezoning map.
CPC Action on 6/9/03: Denied 5-3
PLANNING ADMINISS. .TION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No: Zdvs—
Date Filed: 5 -
Fee
Fee Paid: 5 )0
Receipt No.:—wo-
wow-
ACTION REQUESTED
Special/Conditional Use Permit
Variance .
Resubdivision
Subdivision*
Comprehensive Plan Amendme
x__.._Zoning Amendment*
Planning Unit Development
Certificate of Compliance
The fees for requested action are attached to this application.
*An escrow fee is also required to offset the costs of attorney and engineering fees.
The applicant is responsible for the completeness and accuracy of all formas and supporting material
submitted in connection with any application. All supporting material (i e., photos, sketches, etc.)
submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of '
supporting material is required. If application is submitted to the City Council, twelve (12) coplbs of
supporting material is required. A site plan is required with applications. Any incomplete application
supporting material will delay the application process.
PROPERTY IDENTIFICATION
Address of Project 122 3 0 - �* � � - Assessor's Parcel No. -11 _ n -In 2n- 43 0001
(CE) Code)
Zoning District AP Description of Project Rezone to Lakeshore Resided t;al
rf
"I hereby state the foregoing statements and all data, information and -evidence submitted herewith in,
respects, to the best of my knowledge and belief, to be true and correct. I further certify / will comply H
the permit if it is granted and used."
Property • -
Mailing ` • • -
City - State - Zip 2
Telephone No. 51 - 4 3 0- 9 38
Signature , U
(Signature is required)
Lot Size (dimensions) - x
Land Area
Height of Buildings; Stories
Principal
Accessory
Representative
Mailing Address
City - State -,Zip.
Telephone
Signature
(Signature is required)
SITE AND PROJECT DESCRIPTION
Total Building floor area square feet
Existing square feet
Feet Proposed square feet
Paved Impervious Area square feet
No. of off-street parking spaces
Rezoning
Rezoning. The property shown on the attached exhibit A which is attached hereto and
incorporated by reference herein is currently zoned Agriculture Preserve. This zoning designation
is inconsistent with the Comprehensive Plan and the current use of the property which is single
family residential. We are requesting that the property be rezoned to Lakeshore Residential a
residential zoning designation which is consistent with the Comprehensive Plan and the current
use of the property.
By way of background the property shown on the attached exhibit A was annexed to the
City of Stillwater in 1996 pursuant to an annexation agreement between the City of Stillwater and
the Town of Stillwater. The property was suppose to be rezoned to a zoning classification that
represented the current use of the property. The AP zoning is not consistent with its uses and
allows uses which are not consistent with the area or adjacent zoning districts. The area is
currently used for single family residential homes. A few of the properties within this area are
larger (2-3 acres) and therefore capable of being subdivided into single family residential lots in
order to properly and efficiently utilize municipal services within the Metropolitan Urban Services—
Area.
The Lakeshore Residential zoning classification would allow the properties to utilize
appropriate setbacks which are consistent with residential single family homes. Under the AP
zoning the setbacks are greater because the district contemplated large lots which did not have the
characteristics of a urban neighborhood. As a result of the annexation the property is clearly
urban in character and the property owners are entitled to the appropriate zoning classification.
The adjacent properties have substantially greater densities and most of the adjacent areas have
been rezoned to residential or multi -family residential zoning classifications.
We are requesting that the property be rezoned to allow us to effectively and efficiently
use our property. The zoning classification will provide us with the appropriate setbacks and
allow our respective property to be subdivided into single family residential lots consistent with
the City of Stillwater Comprehensive Plan and the adjacent properties.
We are also requesting that the City waive and refund to us the application fees required
for the rezoning as this expense to rezone the entire area should be born by the City and not an
individual property owner. The City has done this in the past for other property owners and given
the annexation of the property it would certainly make sense to have the costs for the rezoning
borne by the City. ;;
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SECTIONEIGHT _ '=
JOINT PLANNING AND LAND USE CONTROL f • r
8.01...—The purpose of this section of the Agreement is to provide for the joint exercise of
governmental authority by the City and Town pursuant to Minn. Stat. 471.59 and
4} 4.0325, Subd. S in order to insure orderly development within the annexation area
in accordance with this Orderly Annexation Agreement and the City's Comprehensive
Plan.
8.02 The powers set forth herein shall be exercised by a four (4) member board consisting
of two (2) City Council members appointed by the City and two (2) Town Board
ndembers appointed by the Town Board of -Supervisors.
8.03 _ .The- Joint Board will review official controls necessary to regulate development of
property and develop ii applications within the Orderly Annexation Area before its
annexation by the City in order to insure that the property remains in a status
available for development into urban density residential uses in accordance with the
. City's Comprehensive Plan. The area north of the railroad tracks and east of the Oak
Glen development and south of Highway 96 shall remain in the present conservancy
zoning classification now in effect in the area. A zoning classification for the
Bergman farm that is the same as the City's Research and Development Zoning
District will be adopted in order to protect the area from development that would
prevent or frustrate the eventual urban development of the farm as an Urban Research
and Development Center. Nothing in this subsection shall preclude the Town's
approval of a subdivision of a narce_ er ion watt a m
Iot size o
8.04 As to property within the Orderly Annexation Area after its annexation into the City,
the Joint Board shall have the following delegated powers:
a. Approve amendments to the City's Comprehensive Plan relating to the Orderly
Annexation Area;
4PEEEe 'exon of, amendments to, or variances from the City's
official controls relating to the Orderly Annexation Area.
C: pprove ny special assessment nand sanitary sewer and water hook-up
or Policy and any amendments for consistency with Section Six.
d. Approve the Rural Service Taxing District ordinance or any amendments
thereto, for consistency with Section Seven herein.
Revze�a'-nnd co gent on the consistency of any development application with
City's Comprehensive Plan and Orderly Annexation Agreement.
f. All matters subject to approval by the Joint Board as set forth in §8.04 (a), (b)
or (c) shall be processed in the same manner by the City as any other such
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Memo
To: Joint Stillwater Township/City Planning Board
From: Steve Russell, Community Development Director
Date: June 17, 2003
Subject: Subdivision Request Dividing 3.03 Acres of Land into 4 Lots of .94,
.60, .59 and .59 Acres of Land. Case No. SUB/03-61.
This request is a follow up to the rezoning request ZAM/03-03. The request is
consistent with the lot size requirements of the Lakeshore Residential District. If the
rezoning is approved, the subdivision can be recommended for approval. If approved,
the conditions of approval regarding easements, park dedication, trail improvements
and engineer's review from the CPC staff report should be a part of the consideration.
Recommendation: Decision on consideration of subdivision request with zoning.
Attachments: Application, staff report and minutes.
Memo
To: Planning Commission
From: Steve Russell, Community Development Director
Date: June 5, 2003
Subject: Subdivision of 3 Acres of Land into Four Lots of 20,000 Square Feet
Minimum Located at 12730 62"d Street North in the AP, Agricultural
Preservation District. Kevin and Roxanne Shoeberg, applicants. Case
No. SUB/03-61
Background. This application is dependent upon the previous rezoning case. If the
rezoning is not approved, the subdivision cannot be approved because the proposed
subdivision would not be consistent with zoning. The application is to subdivide three
acres into four lots of .94 acres (existing residence), .60 acres, .59 acres and .59 acres.
A .31 acre parcel along the existing park to the north is proposed for dedication to the
city as an expansion of the existing park. It is recommended that the shape of the
dedicated park land be parallel to the rear lot to coordinate with further dedication on
adjacent lots to the west line.
Urban services are available as shown on the subdivision preliminarily plat. Water
service is available in 62md Street North and sewer service is available from Long Lake
Villas.
A grading, drainage, infiltration plan will be required before final plat approval. Park
and trail improvements are required according to the Park Dedication Policy as
proposed and conditions.
Recommendation: Approval (only is site is rezoned Lakeshore Residential, LR).
Findings: The proposed subdivision is consistent with Lakeshore Residential Zoning
Conditions of Approval:
1. Drainage and utility easements shall be provided as required by the City Engineer.
2. A grading, drainage, infiltration plan shall be provided for City Engineer approval
before final plat approval (Browns Creek Watershed District).
3. A paved trail shall be installed connecting 62nd Street to the Long Lake Villas trail on
the adjacent city land.
4. All lots shall be connected to city water and sewer service.
5. Drainage impact fees shall be paid before final plat approval.
6. Existing assessments shall be paid before final plat recording.
CPC Action 6/09/03: Denied 6-2
PLANN!NG ADMINISTR /:ION APPLICATION FORM
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF STILLWATER
216 NORTH FOURTH STREET
STILLWATER MN 55082
Case No: !Ja
Date Filed:
Fee Paid: 8
Receipt No.:
ACTION REQUESTED
Special/Conditional Use Permit
Variance
Resubdivision
X Subdivision*
Comprehensive Plan Amendment'
Zoning Amendment*
Planning Unit Development
Certificate of Compliance
The fees for requested action are attached to this application.
*An escrow fee is also required to offset the costs of attorney and engineering fees.
The applicant is responsible for the completeness and accuracy of all forms and supporting material
submitted in connection with any application. All supporting material (i e., photos, sketches, etc.)
submitted with application becomes the property of the City of Stillwater. Sixteen (16) copies of
supporting material is required. if application is submitted to the City Council, twelve (12) copies of
supporting -material is required. A site plan is required with applications. Any incomplete application or
supporting material will delay the application process.
PROPERTY IDENTIFICATION
Address of Project 12730 -- 62nd Street Narth Assessor's Parcel No.
Lakeshore Description
Code)
Zoning District_R idY i!,µi Description of Projec#fidi.cri.si
"I hereby state the foregoing statements and all data, information and evidence submitted herewith in ah
respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply wit
the permit if it is granted and used."
Properly Owner
Mailing Address 12 30 _ --root North
City- State -Zip Stillwater, MN 55082
Telephone No.
Signature
(Signature is required)
Lot Size (dimensions) _ x
Land Area -4 _ n -A A r.
Height of Buildings: Stories Feet
Principal
Accessory
H:\mcnamara\sheila\PLANAPP.FRM Mav 1- 7nn
Representative
Mailing Address
City - State -
Telephone No.
Signature
(Signature Is required)
D PROJECT DESCRIPTION
Total Building floor area square feet
Existing square feet
Proposedsquare feet
Paved Impervious Area square feet
No. of off-street parking spaces
Long Lake View Estates Preliminary Plat
Subdivision. We are requesting that our property which is currently 3.03 acres in size be
subdivided into four (4) residential lots in a plat to be known as Long Lake View Estates. The
lots will range in size between .94 acres to .59 acres. Each lot has between 89 and 140 feet of
frontage on 62"d Street. Lot 1 is currently occupied by our home. The remaining three lots would
be used for single family residential homes. Private covenants would be placed on all four lots.
The lot sizes are consistent with the area and the Comprehensive Plan for the area.
Utilities for the property are available to the property. The sanitary sewer line is currently
in the northeast corner of the property. Construction of a sanitary sewer line to serve all four lots
would be along the northern portion of the lots. This would serve the four lots and would allow
the pipe to be extended in the future to area to the west. The City water line runs adjacent to the
southern boundary of the lots. Lot 1 has the stub installed for the water service but we are
proposing to be able to utilize the well on the property until such time that this is no longer
adequate. Lots 2 through 4 will be required to stub into the water line of the City. Gas and
electric are available to the property and would be installed when construction occurs on each
individual lot.
The lots would have ingress and egress driveways off of 62nd Street and some trees would
be removed to gain access to each lot. Each lot would have sufficient access to the public streets
and utilities in the area.
As part of the subdivision we propose to dedicate additional land to the City along the
northern boundary of the property which is adjacent to the City of Stillwater's current park area.
This will meet the park dedication requirement.
1
During construction of the lots each lot would have silt fence and necessary construction '
materials installed to minimize the erosion until appropriate seeding has stabilized the area. The.
silt fence would be removed as directed by the City Engineer.
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