HomeMy WebLinkAbout2019-02-11 Joint Board PacketAGENDA
Stillwater City and Town Joint Planning Board
City Council Chambers
216 North Fourth Street
Stillwater, MN 55082
5:00 p.m.
Monday, February 11, 2019
1. CALL TO ORDER
2. APPROVAL OF AGENDA
3. APPROVAL OF OCTOBER 24, 2018 MINUTES
4. ELECTION OF OFFICERS
5. PUBLIC HEARINGS
5.01 Request by Mark Guenther for a rezoning related to the subdivision of
property at 8313 & 8393 Marylane Avenue North.
6. MISCELLANEOUS
6.01 Status of the Minar Neighborhood moratorium on land subdivision
6.02 Status of the City of Stillwater’s 2040 Comprehensive Plan update
7. ADJOURNMENT
Stillwater City and Town Joint Planning Board
Regular Meeting Minutes
October 24, 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 6:04 PM.
APPROVAL OF AGENDA
Weidner moved to accept agenda as presented. Kozlowski seconded the motion, which
passed 4-0.
APPROVAL OF MINUTES
Weidner moved approval of the minutes as presented. Kozlowski seconded the motion,
which passed 4-0.
NEW BUSINESS
Rezoning for Nelson property - Case No. 2018-55
Turnblad summarized his report of October 16, 2018. Steve and Kathy Nelson have
requested a rezoning of their property and a lot split. They plan to subdivide their 2.51
acre lot on 7770 Minar Lane North into a 1.31 acre parcel for their homestead and a 1.20
acre vacant lot for sale. The rezoning to RA, Single Family Residential is consistent with
the City’s Comprehensive Plan. And, the proposed lot sizes are fairly consistent with the
large lots in the surrounding neighborhood. Turnblad also said that the soils on the
vacant lot were tested and will support a standard septic drainfield. Furthermore, all
development standards applicable to the two parcels would be met as proposed.
Turnblad stated that a moratorium preventing subdividing any lots in the Minar
Neighborhood, including the Nelson property, recently went into effect. But, the Nelsons
submitted their lot division request prior to the effective date of the moratorium.
Therefore, the rezoning and lot split requests must both be reviewed against existing
development standards.
Therefore Turnblad recommended approval of the rezoning with the three conditions
found in his report.
Joint Board Minutes
October 24, 2018
Page 2 of 2
Johnson opened the public hearing.
Steve Nelson said the staff report and presentation explained his request and that he had nothing
further to add.
There being no further testimony, Johnson closed the public hearing.
Untied asked about the split vote by the City Planning Commission to recommend approval of
the request. Turnblad explained that two Commissioners voted against approval. Their
dissenting votes were cast for several reasons. But, primarily they objected to what appears to be
a spot zoning, and there was also concern about potential impact upon the Brown’s Creek system
if all the lots in the neighborhood were allowed to split to one acre with on-site septic systems.
Weidner mentioned that the purpose of the moratorium was in part to study whether a minimum
lot size of 1.0 acre should be established, or whether a 2.5 acre lot size would be more appropriate.
If it is 2.5 acres, no more septic systems would be introduced into the neighborhood except the
one requested by Nelson. He also said that when the appropriate lot size is determined and a
corresponding zoning district is added to the City’s zoning ordinance, the whole neighborhood
will be rezoned. This could well include both Nelson parcels, so there may be no “spot zoning”
issue after the moratorium.
Johnson encouraged the City to find a way to prevent the Nelson property from being spot zoned
when the moratorium ends.
Weidner moved to approve the rezoning request with the three conditions found in the report by
Turnblad. Kozlowski seconded the motion, which passed on a 4-0 vote.
MISCELLANEOUS
Johnson announced to the Joint Planning Board that he is not running for re-election to the
Township Board. And said that one of his prouder achievements in his 30 years of elected service
was his involvement in encouraging an agreement between the City and Township on annexation
matters. Because of annexation requests, the relationship between the Township and the City
was troubled. But, an amicable relationship grew out of the Annexation Agreement, which was
a ground breaking agreement in the state that is now used as a model.
ADJOURNMENT
Weidner moved for adjournment, which was seconded by Kozlowski. The motion passed
unanimously. Meeting adjourned at 7:00 PM.
Respectfully submitted,
Bill Turnblad
Acting Recording Secretary
Planning Report
REPORT DATE: February 7, 2019 CASE NO.: 2018-68
HEARING DATE: February 11, 2019
TO: Joint Planning Board
DEVELOPER: Mark Guenther, Fenway Land Company
REQUEST: Review of Marylane Meadows Preliminary Plat
& Rezoning
COMPREHENSIVE PLAN: LMDR, Low/Medium Density Residential
ZONING: AP, Agricultural Preservation
REVIEWED BY: Shawn Sanders, City Engineer; Tom Ballis, Assistant Fire Chief;
Karen Kill, Administrator, Brown’s Creek Watershed District
Planning Commission; Park Commission, City Council
REPORT BY: Bill Turnblad, Community Development Director
BACKGROUND
Mark Guenther, Fenway Land Company, plans to develop two small acreage parcels on
Marylane Avenue North (8313 & 8393 Marylane Avenue North) with a total size of 4.49
acres. The preliminary plat for the project, to be known as Marylane Meadows, shows 11
single family lots.
In order to develop the property at the proposed density, a rezoning has been requested
from the current AP, Agricultural Preservation District to RB, Two-Family Residential.
SPECIFIC REQUEST
The Joint Planning Board is asked to:
1) Consider approval of the rezoning of the property from AP, Agricultural
Preservation to RB, Two-Family Residential; and
2) Review and make comments on the preliminary plat for Marylane Meadows.
Marylane Meadows
February 7, 2019
Page 2
EVALUATION OF REQUEST
I. REZONING
Mr. Guenther has requested that the property be zoned RB, Two-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 development occurs, the property would be rezoned to a
classification that is consistent with the City’s Comprehensive Plan.
The future land use map of the Stillwater Comprehensive Plan shows that the site is
guided for Low/Medium Density Residential (LMDR). The LMDR classification is
intended for developments at a density of 4.4 to 9.7 units per acre. The Zoning Districts
that are consistent with this density range are CCR, RB and CR. Therefore, the requested
rezoning to RB, Two-Family Residential is consistent with the future land use map of the
Comprehensive Plan.
The rezoning is also compatible with the neighborhood. The CalAtlantic neighborhood
being developed directly across the street from Marylane Meadows is also zoned RB, Two-
Family Residential.
II. PRELIMINARY PLAT
The 4.49 acre parcel is proposed to be subdivided into 11 single family lots. Two homes
currently exist on the small acreage parcels.
A. Minimum Dimensional Standards: RB District
The front setbacks of the homes in Block 1 are 30 feet. But, in Block 2 the
minimum setback is 35 feet for the northerly home and increases to 45 feet
for the most southerly home. This is done in recognition of the
approximately 45 foot setback of the existing home on the property to the
south.
Marylane Meadows
February 7, 2019
Page 3
Massing Standards
The proposed lot dimensions and building envelope details are all compliant
with the massing standards of the RB Zoning District.
B. Civil Engineering
1) All of the civil engineering plans shall be found satisfactory to the City
Engineer, or revised to his satisfaction, prior to release of the final plat from
City offices for filing with Washington County.
2) All electrical and communication utility lines are required to be buried.
3) The drainage and utility easements associated with the underlying plat will
need to be vacated before the final plat for Marylane Meadows is filed with
the county for recording. Application for the vacation will need to be
submitted together with the final plat application.
4) The developer will be responsible for paying development impact fees based
upon the net developable acreage of the project, which is 4.40 acres (4.49
gross minus .09 for the trail outlot). The fees will be payable prior to release
of the final plat for recording with Washington County.
a. Trout Stream Mitigation Fee: $6,283/acre (2019 fee). Total of
$27,645.20.
b. Trunk sewer and water fees: $11,274/acre (2019 fee). Total of
$49,605.60.
C. Tree Preservation & Landscaping
Two applicable development standards exist for trees on this project: 1)
street trees and 2) tree preservation.
1) Street trees
The subdivision code requires an average of three trees per lot along the
street, though they are to be planted outside of the platted right-of-
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 Average distance between front and rear lot lines.
3 Total of both side setbacks must be a minimum of 15 feet, with a minimum of 5 feet on each side.
RB Standard Min. requirement Proposed
Lot area: single-family 7,500 sf 17,140 sf min.
Lot area: two-family 10,000 sf 17,140 sf min.
Lot width: single-family1 50’ 65’ min.
Lot wide: two-family1 75’ 65’ min.
Lot depth2 100’ 268.6’ min.
Lot frontage on public road 25’ 65’ min.
Front setback: house 20’ 30’ min.
Front setback: garage 30’ 30’ min.
Side setback 5/15’3 7.5’ min
Rear yard setback 25’ 140’ min.
Maximum lot coverage 50% (25% bldg.; 25% other) TBD
Marylane Meadows
February 7, 2019
Page 4
way4. 33 trees are shown on the landscape plan for the 11 lots. All
species are indigenous, acceptable, likely to do well on the site, and are
located outside of the platted right-of-way.
2) Tree preservation
a. The City’s environmental ordinances allow 35% of the tree canopy
to be removed without any replacement.
b. The tree preservation plan shows the removal of 34.48% of the
canopy. So, no replacement is required.
D. Environmental Issues
1) Wetlands – The property has no wetlands.
2) BCWD – A grading permit will be required.
3) Floodplain – The property includes no FEMA identified floodplains.
4) Shoreland Overlay District – The property does not lie within a shoreland
overlay district.
E. Park & Trail Dedication
The Comprehensive Plan shows neither trail, nor park land required on the site.
However, a trail segment across the property would be very beneficial. It would
connect the Settler’s Glen trail system through the proposed subdivision to the
sidewalks in Rutherford Station and then to the regional trails on Manning Avenue
and the Brown’s Creek Trail. (See map on next page.) This would create a number
of trail loops for the neighborhood. Therefore, at staff’s recommendation an outlot
is proposed to be platted and improved with the bituminous trail segment.
The standard park and trail fee for this project would be due on 9 of the 11 lots. The
existing homes are exempt. The park fee for a single family home is $2,000 and the
trail fee is $500. Therefore, if no improvements were needed, $22,500 would be due
for park and trail fees.
However, the developer’s cost of building the trail (excluding land costs for Outlot
A) would be credited against the park and trail fee for the project. So, the balance
of the park and trail fee would have to be submitted to the City prior to release of
the plat from City offices for recording with Washington County.
The Park Commission reviewed the subdivision and recommends requiring the
connecting trail segment to be built by the developer and credited against the
required park & trail fees.
4 City Code Ch. 32, Subd. 6(3)q
Marylane Meadows
February 7, 2019
Page 5
Trails in Settler’s Glen Neighborhood
F. Miscellaneous
The Joint Planning Board is required by the Orderly Annexation Agreement to review
and comment on all preliminary plats in the annexation area, and to approve or deny
rezoning requests. Typically that occurs prior to City Council consideration of the case.
But, due to scheduling difficulties, the Council considered the requests first. Two of
the conditions that the Council attached to their approval are that if the Joint Planning
Board recommends changes of substance, the preliminary plat will have to be
reconsidered by the Council. The other directly related condition is that the approval
of the preliminary plat does not become effective unless the Joint Planning Board
approves the requested rezoning.
ALTERNATIVES
The Joint Planning Board has several available alternatives:
1. Approve rezoning – Comment on the preliminary plat and approve the rezoning.
2. Deny – If the Joint Planning Board finds the rezoning to be inconsistent with the
City’s Comprehensive Plan, or inconsistent with the neighborhood, or other
reasons, deny the rezoning request.
Marylane Meadows
February 7, 2019
Page 6
RECOMMENDATIONS
Planning Commission
The Planning Commission unanimously recommended approval of the preliminary plat with
the conditions found below. (Note: Condition 10 has already been completed.)
1. The site shall be developed in substantial conformance with the following plans
on file with the Community Development Department, except as may be
modified by the conditions herein:
Preliminary plat Sheet 3 of 7 Dated 12/20/18
Preliminary removals plan Sheet 4 of 7 Dated 12/20/18
Preliminary site & utility plan Sheet 5 of 7 Dated 12/20/18
Grading & erosion control plan Sheet 6 of 7 Dated 12/20/18
2. All civil engineering plans shall be found satisfactory to the City Engineer, or
revised to his satisfaction, prior to release of the final plat from City Offices for
filing with Washington County.
3. A Development Agreement found satisfactory to the City Attorney and City
Engineer must be approved by the City Council prior to commencing any tree
removal or grading on the site, and prior to holding a pre-construction meeting
with the City Engineer for the project.
4. At the time of final plat application, the developer must submit a written request
to vacate the underlying drainage and utility easements on the property. And
such vacation request needs to be approved by the City Council prior to release of
the final plat from City offices for recording with Washington County.
5. The developer shall submit a grading permit application to Brown’s Creek
Watershed District, and the permit must be issued prior to submitting the
application to the City for the final plat. Any permit conditions that the City
Engineer finds necessary to include in the final plan set shall be included in the
final plat application package.
6. The developer must construct bituminous trail over Outlot A connecting
Marylane Avenue to the Settler’s Glen tail system. The developer’s cost of
building the trail will be credited against the park and trail fee for the project. The
balance of the bid cost of construction (if found satisfactory to the City Engineer)
will be credited against the total park and trail fee and the balance must be
submitted to the City prior to release of the final plat from City offices for
recording with Washington County.
7. All electrical and communications utility lines shall be buried. This shall be
specified in the plans submitted for final plat approval.
8. The Developer will be responsible for paying the Trout Stream Mitigation Fee of
$27,645.20 and trunk sewer and water fees of $49,605.60. If these fees are not paid
in 2019, rates will increase and the higher rates will apply. These fees will be due
prior to release of the final plat for recording with the county.
9. If the Developer desires to have a neighborhood entrance monument for the
subdivision, plans for it must be included within the final plat application
materials. Otherwise, such a sign will not be permitted in the future.
Marylane Meadows
February 7, 2019
Page 7
10. A tree removal plan, with inventory if required by the City, and code compliant
landscaping/tree replacement plan must be submitted and found satisfactory to
city staff prior to submission of final plat application materials.
11. Materials may not be stored in the critical root zone of trees to be saved, nor may
equipment or materials be leaned or stacked against trunks of trees identified to
be saved.
12. Approval of the preliminary plat will not become effective until the developer
submits an application for rezoning of the property to RB, Two-Family
Residential and the City Council adopts an ordinance approving that rezoning.
13. If an Accessory Dwelling Unit is desired for any lot within this subdivision, the
future owner of that lot will need to make application for the Special Use Permit
and receive approval from the Planning Commission prior to constructing the
detached garage and Accessory Dwelling Unit.
Park Commission
The Park Commission unanimously recommended that the developer be required to develop
a bituminous trail on Outlot A that connects the Settler’s Glen trail system to Marylane
Avenue. And that the cost of the trail construction be credited against the required park &
trail fees of $22,500. The balance of the park & trail fees would be due and payable to the city
prior to release of the final plat from city offices for recording at Washington County.
City Council
The City Council approved the preliminary plat with the conditions found above. They also
added two conditions regarding the Joint Planning Board review. 1) if the Joint Planning
Board recommends changes of substance, the preliminary plat will have to be reconsidered by
the Council; and 2) the approval of the preliminary plat does not become effective unless the
Joint Planning Board approves the requested rezoning.
It should be noted that the Council will not hold its hearing on the rezoning until the final plat
is submitted.
City staff
City staff recommends approval with the 12 remaining conditions from the City Planning
Commission recommendation and the 2 additional conditions from the City Council.
cc Mark Guenther
Attachments: Zoning Map
Development Plans
bt
Marylane Meadows
February 7, 2019
Page 8
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TREE PRESERVATION PLAN of
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SEE "TYPICAL STREET SECTION"ON THE GRADING DETAILS PLAN FOR SEED/SOD IN THE BOULEVARDofof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\7741 - 7760\7757 - rivard addition\cad c3d\engineering\preliminary\7757_landscape.dwgSave Date:01/31/19environmentalengineeringsurveying···Revisions:1.MARYLANE MEADOWSStillwater, MinnesotaFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of MinnesotaJames A. Kalkes RLA1/31/1945071JAK JAK1/31/19PRELIMINARY LANDSCAPE PLANL11·OVERSTORY / EVERGREEN TREES··MINIMUM OF TWO TREE IN THE FRONT YARD PER LOT=22 TREES··MINIMUM OF ONE TREE IN THE REAR YARD PER LOT=11 TREES(11 Lots x 3)=33 TREES=33 TREES·TWO TREES IN THE FRONT YARD AND ONE TREE IN THE REAR YARD SHALL BE INSTALLEDBY THE BUILDER/HOMEOWNER.CITY of STILLWATER LANDSCAPE CODEQUANTITIES SHOWN IN THE PLANTING SCHEDULE ARE FOR THE CONTRACTOR'S CONVENIENCE.CONTRACTOR TO VERIFY QUANTITIES SHOWN ON THE PLAN.PLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2-PLY NYLON STRAPS8' STEEL TEE POST-4 INCHES HARDWOOD MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE PLANTING NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.12"6"2'(MIN.)6"6"3 REQUIRED AT 120BOTANICAL NAMEDECIDUOUS TREESKEYCOMMON NAME2.5"BB5SIZEROOTQTY.2.5"BB6Gleditsia triacanthos SHADEMASTER HONEYLOCUST2.5"BB8Celtis occidentalisHACKBERRY2.5"BB10Acer rubrum 'Nothwoods'NORTHHWOODS MAPLEvar. inermis 'Shademaster'Quercus bicolorSWAMP WHITE OAKWOHLHBRMLANDSCAPE LEGENDSTRAIT LEADER NO "V" CROTCH2.5"BB4Acer saccharumSUGAR MAPLESM15'50'INSTALLHEIGHTMATUREHEIGHT10'50'15'50'14'50'14'50' NATIVE WET PRAIRIE MN SEED MIX 34-371 (OLD BWSR W3) WETLAND FRINGEMN SEED MIX 33-261 (OLD BWSR U6) COMMERCIAL TURF - SODHIGHLAND SODMNDOT 260MN SEED MIX 25-131 (OLD MNDOT 260) &ALL AREAS DISTURBED BY CONSTRUCTION NOT INTENDED (USE EROSION CONTROL BLANKETSODDED, OR RETENTION BASINS FOR SLOPES OVER 3:1) MESIC GENERAL ROADSIDEMN SEED MIX 25-131FOR GENERAL STABILIZATION (USE EROSION CONTROL BLANKETOF PAD AREAS FOR SLOPES OVER 3:1)HARDWOOD MULCH (NATURAL COLOR) 1/4 yd PER TREESHREDDED HARDWOOD MULCH SEED MIXTYPESYM.SEED MIX LEGEND (FOR ALL SHEETS)