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HomeMy WebLinkAbout2018-10-24 Joint Board Packet (2)AGENDA Stillwater City and Town Joint Planning Board City Council Chambers 216 North Fourth Street Stillwater, MN 55082 6:00 p.m. Wednesday, October 24, 2018 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MARCH 19, 2018 MINUTES 4. PUBLIC HEARINGS 4.01 Request by Steve Nelson for a rezoning related to the subdivision of his single-family lot at 7770 Minar Lane North. 5. MISCELLANEOUS 5.01 Status of the Minar Neighborhood moratorium on land subdivision 5.02 Status of the City of Stillwater’s 2040 Comprehensive Plan update 6. ADJOURNMENT Stillwater City and Town Joint Planning Board Regular Meeting Minutes March 19, 2018 Present: Stillwater Town Board Members Dave Johnson and Sheila-Marie Untied, City of Stillwater Council Members Ted Kozlowski and Tom Weidner. Staff present: Stillwater Community Development Director Bill Turnblad Chair Johnson called the meeting to order at 5:15 PM. APPROVAL OF AGENDA Weidner moved to accept agenda as presented. Kozlowski seconded the motion which passed 4-0. APPROVAL OF MINUTES Johnson mentioned that in the Palmer Property agenda item from February 12, 2018, the minutes should be amended by changing his statement to: “Johnson said that the Town Board has park funds available that could contribute to the park improvements. He was hopeful that the Town Board would be willing to support the park project making it possible for the City to move ahead with development sooner than later.” Kozlowski moved approval of the minutes as amended. Weidner seconded the motion, which passed 4-0. NEW BUSINESS Rezoning for Boutwell Farm - Case No. 2018-09 Turnblad introduced the case by summarizing his report of March 16, 2018. The developer, Kevin von Riedel of Westridge Development, requested a rezoning of the property at 12588 Boutwell Road from AP – Agricultural Preservation to RA – Single Family Residential for a 10 lot single family residential development to be known as Boutwell Farm. Johnson opened the public hearing. Ion Capatina, 8160 Morgan Ave, testified that Stillwater is a great place to live and that his neighborhood is a perfect combination of urban and natural setting. He stated that he was concerned that the proposed smaller lots will have a negative impact on the Joint Board Minutes March 19, 2018 Page 2 of 2 natural setting. He was also concerned about the noise associated with land development and home construction right next to his home. He works out of his home and the nature of his business requires quiet. Which is part of the reason he purchased his home in such a quiet, natural neighborhood. He was also concerned about the potential for blowing debris during construction. There being no further testimony, Johnson closed the public hearing. Untied moved to approve the rezoning request. Kozlowski seconded the motion, which passed on a 4-0 vote. ADJOURNMENT Kozlowski moved for adjournment, which was seconded by Weidner. The motion passed unanimously. Meeting adjourned at 6:15 PM. Respectfully submitted, Bill Turnblad Acting Recording Secretary JOINT PLANNING BOARD MEMO DATE: October 16, 2018 CASE NO.: 2018-55 HEARING DATES: City Planning Commission October 10, 2018 City Park Commission October 22, 2018 Joint Planning Board October 24, 2018 City Council November 13 and 20, 2018 LANDOWNER: Stephen and Kathleen Nelson REQUEST: 1) Rezoning from AP, Agricultural Preserve to RA, Single Family 2) Approval of a lot split LOCATION: 7770 Minar Lane North COMPREHENSIVE PLAN: Low Density Residential ZONING: Base Zoning: AP, Agricultural Preservation Overlay Zoning: Shoreland District for Brown’s Creek Tributary REPORT BY: Bill Turnblad, Community Development Director BACKGROUND Stephen and Kathleen Nelson have submitted a request to subdivide their 2.51 acre homestead lot at 7770 Minar Lane North into two lots. The lot for the existing house would have 1.31 acres and the vacant lot would have 1.20 acres. Though a moratorium exists in the Minar Neighborhood prohibiting lot splits for a year, the application for this lot split was submitted prior to the effective date of the ordinance instituting the moratorium. Therefore, the moratorium does not prevent the request from being evaluated against the existing zoning, subdivision and comprehensive plan standards. SPECIFIC REQUEST Specifically, the Nelsons have requested the City to approve the following: 1. Rezone property from AP, Agricultural Preservation to RA, Single Family Residential 2. Resubdivide Lot 4, Block 1, Boutwell Valley Estates into two parcels The Joint Planning Board’s responsibility in this case is to take action on the rezoning request and to make comments on the resubdivision. Nelson lot split October 16, 2018 Page 2 Proposed resubdivision EVALUATION OF REQUEST I. REZONING The Nelsons requested that their property be rezoned to RA, Single Family Residential. It is currently zoned AP, Agricultural Preservation, which is the temporary zoning classification assigned by the Minnesota Municipal Board when the area was annexed. The expectation is that when property subdivisions occur, the property would be rezoned to a classification that is consistent with the City’s Comprehensive Plan. The Future Land Use Map of the City’s Comprehensive Plan guides development of the site as Low Density Residential. A table in the Land Use Chapter of the Comprehensive Plan identifies which of the City’s zoning districts are considered consistent with each of the future land use classifications. The proposed RA, Single Family zoning district is considered consistent with the Low Density Residential classification. It is expected that the Minar Neighborhood will receive a less dense future land use classification than Low Density Residential once the current moratorium is lifted. If that happens, no further properties in the neighborhood could be rezoned to RA. The result would be that the Nelson lots Nelson lot split October 16, 2018 Page 3 would be grandfathered into a larger lot neighborhood. Still, since the resubdivision request was filed with the City prior to the effective date of the moratorium, the City is obliged to review the request under the current set of standards. II. RESUBDIVISION The property is currently platted as Lot 4, Block 1, Boutwell Valley Estates. The request is to resubdivide this platted lot into two parcels. Parcel A would contain the Nelson’s house, detached garage, septic system, well, and much of their yard. Parcel B would be vacant and offered for sale sometime in the future. The two parcels are subject to the regulations found in two zoning classifications. One is the base zoning district, which would be RA, Single Family Residential. The other is the shoreland management overlay district for the Brown’s Creek tributary, which flows through the area just to the northwest of the site. This can be seen below. Base and Overlay Zoning Districts Nelson property is outlined in red Nelson lot split October 16, 2018 Page 4 A. Minimum Dimensional Standards: RA & Shoreland Districts As seen in the table below, all minimum standards for both zoning classifications will be satisfied by the two proposed parcels. Since the parcels are proposed to be served by private wells and on- site septic systems, the minimum lot size is 40,000 square feet rather than the standard 10,000 square feet in the RA Zoning District. The septic system for the vacant lot would be located partially within the shoreland management district. The required setback for the drainfield from the creek is 50 feet. The actual setback will exceed this, since the property line for Parcel A never gets closer to the creek than about 150 feet. Additional shoreland district requirements include:  150’ setback from creek for buildings o Since the closest point of Parcel B is 150’ from the creek, the future building envelope will satisfy this standard.  40’ setback from top of bluff for buildings 1 Width is measured between side lot lines at right angles to lot depth at a point midway between front and rear lot lines 2 Depth is the average distance between front and rear lot lines. 3 10’ required for house, 5’ for the attached garage, if there is no living space above the garage. If there is, 10’ required for garage as well. 4 Parcel B is partially located within the shoreland overlay district. 5 Only that portion of the parcel lying within the shoreland district is subject to the 25% coverage limit. The remainder of the parcel may have 30% coverage. Standard Min. requirement Parcel A (Existing house) Parcel B (Vacant parcel) Lot area 10,000 sf 56,919 sf 52,123 sf Lot area with on-site septic system 40,000 sf 56,919 sf 52,123 sf Lot width1 75’ 220’ 175’ Lot depth2 100’ 255’ 265’ Lot frontage on public road 25’ 220’ 85’ Front setback 30’ +/- 95’ house +/- 40’ garage TBD Side setback3 10’ +/- 80’ house +/- 40’ garage TBD Rear yard setback 25’ +/- 124’ house +/- 178’ garage TBD Maximum lot coverage 30% +/- 9% TBD Maximum lot coverage in shoreland district4 25% NA TBD5 Drainfield setback from creek 50’ + 560’ + 150’ Nelson lot split October 16, 2018 Page 5 o The maximum slope of that portion of Parcel B that lies within the shoreland district is 15 percent6. This does not qualify as a bluff. Therefore, no bluff setback is required.  100’ no disturbance buffer from centerline of creek o No part of either parcel lies as close as 100’ to the creek. Shoreland District Details B. Development Standards Development Agreement No public utilities or road improvements will be necessary for this resubdivision. Consequently, a Development Agreement is not needed. Sewer and Water As mentioned above, sewer and water will be private on-site improvements. A soils report has been completed and a standard septic drainfield will work on the northern part of Parcel B. 6 Any slope with an average grade of 12% in the shoreland district is considered steep. So, in this case, the drainfield would be located off the slope. But, a slope is not considered a bluff in the shoreland district unless it has a 30% slope. Nelson lot split October 16, 2018 Page 6 Drainage and utility easement Standard drainage and utility easements have been platted around the perimeter of the existing lot. But, a 10 foot wide easement will be needed along the proposed lot split line (5 feet on either side of the property line). Development impact fees Since no sanitary sewer or municipal water will be extended to the property, the only development impact fees that will be due are: 1) park and trail fees, and 2) Brown’s Creek stormwater treatment fee (aka AUAR fee). 1) Park and trail fee - The Comprehensive Plan’s park chapter shows no planned parks on the property or trails in the area. So, the contribution to the park system would likely have to be in the form of a fee in lieu of land, which would be a $2,000 park fee and a $500 trail fee for the new lot. If the Park Commission and Council agree with a fee in lieu of park and trail improvements, then $2,500 would be due prior to release of the deed for the new lot. 2) AUAR fee (Brown’s Creek stormwater) – This fee is $6,100/acre7 for the developable portion of the new lot. The developable portion in this case is everything except the 7,732 square feet of steep slopes. (See map on previous page for location of steep slopes.) So, the total developable area is 44,391 square feet, or 1.02 acres. 1.02 acres x $6,100 = $6,2227 Tree preservation and landscaping As the property owner does not intend to grade the land area of the new lot, less than 35% of the significant trees and less than 50% of the vegetation crown cover on site would be removed. Therefore, no tree replacement would be required by the zoning ordinance for this resubdivision. ACTION REQUESTED The Joint Planning Board is requested to: 1) Review and take action on the rezoning; and 2) Review and make comments on the resubdivision. RECOMMENDATIONS City Planning Commission On October 10, 2018 the City of Stillwater Planning Commission recommended approval of the rezoning to RA on a 4-2 vote. 7 This total is based on 2018 rates. Rates increase annually in step with the cost of construction index. Nelson lot split October 16, 2018 Page 7 City staff Since the rezoning is consistent with the current Comprehensive Plan and the unsewered large lot format is fairly compatible with the neighborhood, City staff recommends approval of the rezoning and resubdivision with the following conditions: 1. The rezoning to RA, Single Family Residential shall not be published and not become effective until the deeds for both parcels are approved and released from City offices. 2. A fully executed 10 foot wide drainage and utility easement, found acceptable in form and content to the City Attorney and City Engineer, shall be submitted to the City prior to release from City offices of the approved deeds. 3. The park and trail fees as well as the Brown’s Creek Stormwater fee must be deposited with the City prior to release from City offices of the approved deeds. cc Stephen and Kathleen Nelson