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HomeMy WebLinkAbout2019-04-24 CPC Packet PLANNING COMMISSION MEETING Council Chambers, 216 Fourth Street North April 24th, 2019 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of March 27th, 2019 regular meeting minutes IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 2. Case No. 2019-10: Consideration of a variance to the Maximum Structural Coverage and the Side Yard Setback. Property located at 321 Moore St W. Property located in the RB district. Wendy Adams, property owner. 3. Case No. 2019-11: Consideration of a PUD, Preliminary Plat and Final Plat for the property located adjacent to 107 Bridgewater Way for phase II of ‘The Lakes at Stillwater’ senior living facility. The Goodman Group, Randall Benson, property owners and Bill Howell, applicant. 4. Case No. 2019-13: Consideration of a Conditional Use Permit to operate a Type C Short Term Home Rental on the property located at 1200 Nightingale Blvd, located in the AP district, JD and Jana Teschler, property owners. 5. Case No. 2019-14: Consideration of a Variance to the 1,000 square foot maximum accessory structure coverage. Property located at 304 Holcombe St S in the RB district. Robert Ainsbury and Kady Long, property owners, and James Barton, applicant. 6. Case No. 2019-16: Consideration of an amendment to City Code Chapter 31, Zoning, and Chapter 35, Stormwater Drainage, specifically affecting the stormwater design standards and submittal, review, and permitting processes and requirements. City of Stillwater, applicants. --Tabled until the May meeting. VI. UNFINISHED BUSINESS 7. Case No. 2019-05: Consideration of an amendment to the Short Term Home Rental Ordinance. The purpose of the amendment is to clarify existing language and to make minor procedural changes. City of Stillwater, applicant. VII. OTHER ITEMS OF DISCUSSION 8. Minar Neighborhood Update VIII. FYI – STAFF UPDATES – (NO PACKET MATERIALS) 9. Vacancies, Appointments, and Election of Officers IX. ADJOURNMENT PLANNING COMMISSION MEETING MINUTES March 27, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:00 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hade, Hansen and Siess; Councilmember Collins Absent: Commissioner Kocon Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of February 27, 2019 regular meeting Regarding Case No. 2019-02, Commissioner Dybvig requested that the wording be changed from “requested adherence” to “inquired about” the advertised tour times. Motion by Councilmember Collins, seconded by Commissioner Dybvig, to approve the February 27, 2019 meeting minutes as amended. Motion passed 4-0-2 with Commissioners Hade and Hansen abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2019-01: Consideration of a Conditional Use Permit (CUP) to operate a Type C Short Term Home Rental on the property located at 214 Main Street South in the CBD district. Michael Lynskey, property owner and Judd Sather, applicant. --Tabled to April meeting per applicants’ request Case No. 2019-07: Consideration of a Preliminary Plat, Rezoning, Final Plat and a drainage and utility easement vacation for the property located at 7817 Newberry Court, located in the AP district. Dan Thurmes, applicant and Michelle and Scott Lindquist, property owners. City Planner Wittman explained the request. Scott and Michelle Lindquist plan to subdivide 2.06 acres of land located at Lot 8, Block 1, Valley High Estates (7817 Newberry Court North) into three lots. The Lindquists would retain the northerly lot that contains their residence while two lots will be for new homes. The subdivision is to be known as Valley High Estates 2nd Addition. In order to subdivide the property as proposed, Dan Thurmes, applicant, has requested approval of the following: 1. Rezoning from AP, Agricultural Preservation to RA, One-Family Residential; 2. Preliminary Plat; 3. Vacation of a portion of the platted drainage and utility easements; 4. Final Plat (City Council action). She stated that there is a single onsite wetland, located adjacent to the western property line. Though the City’s 2008 Surface Water Management Plan classifies the wetland as a Manage 2, requiring a 50’ buffer, Browns Creek Watershed District (BCWD) Executive Director Karen Kill has indicated no buffer is required. Therefore, a City Code-complaint 16.5’ buffer is proposed. There is a wetland adjacent to this property to the east side of the property. That wetland has been designated as a Preserve, requiring a 60’ buffer plus a 20’ building setback. As that resource is located in the Middle St. Croix Watershed, the applicant is proposing a buffer average. Planning Commission March 27, 2019 Page 2 of 7 However, the average shown is for a 100’ buffer. Therefore, the buffer average is not required as the area of construction is shown outside of the 80’ setback. All three lots will have drainage and utility easements for the protection of the wetlands. A condition of approval should be that conservation easements for all lots will be required to be filed with the final plat for all wetlands and wetland buffer areas. The applicant is requesting a reduction of a 720 square foot portion of the platted easement to the 16.5’ (one rod) requirement outlined in City Code Section 31-325, Stormwater Management Practices, Subd. 7(h)(6). The City Code indicates the 16.5’ area must be a “protective buffer strip.” Therefore, a condition of approval should indicate the wetland buffer area shall be signed as a non-disturbance area. There will be a shared driveway access for the two new lots, which will line up with Maryknoll Drive. Staff recommends a Planning Commission recommendation of approval with 11 conditions. Commissioner Siess asked why do they want the 720 square foot reduction? City Planner Wittman answered partially to be able to get a structure on that site. Councilmember Collins noted that usually shared driveways are avoided but in a development like this where there is a busy street such as Boutwell it makes sense to have a shared driveway. Ms. Wittman added that two houses using one driveway is permitted in City code. Staff believes that lining it up directly across from Maryknoll drive and having both homes access is a suitable solution. If the driveway were on Marquee Court, it would have required 6’ retaining walls and it would have been a 12% grade. Commissioner Siess asked about the wetland buffer. Ms. Wittman provided a map showing the existing wetland buffer and the drainage and utility easement proposed. The applicant requested the vacation of a strip along the buildable site area in the event that they need to disturb that area slightly for construction of the home. A significant portion of the easement will be retained. The applicant is proposing the buffer in the event water would get into this area. The City’s study was done 10-12 years ago. Now the Watershed District has deemed that resource does not have the same classification it once had and they would not require a buffer. However the City has a standard that every wetland no matter its classification must have a minimum of one rod protective vegetative buffer. Commissioner Siess stated there is known to be water in this area. She asked, if this is approved would it come back when they have plans for the houses? Ms. Wittman replied this is the preliminary grading plan. The final grading plan will be reviewed by the engineering department prior to the construction of the home. Chairman Lauer asked what a driveway into Marquee Court would look like. Ms. Wittman showed the drainage and utility easement to service the properties. The option could be to put in a driveway and a driveway easement in this location as well across the original Lot 1. Dan Thurmes, Cornerstone Land Surveying, applicant, explained the buffers. When proposed to Brown’s Creek Watershed District, they didn’t know what the buffer was because there are two watershed districts involved. Because the buffer was so big, to get two building sites he had to include a wall and that is the reason for the request for the variance. A driveway on Marquee would require a lot of retaining walls and a lot of expense. The garages would be loaded from the back and the house presence would be on Boutwell which would be odd. Commissioner Siess asked if there will be less impervious surface because of the shared driveway. Planning Commission March 27, 2019 Page 3 of 7 Mr. Thurmes stated there would not be any parking along Boutwell because it’s a busy, narrow street. So parking bays were added allowing vehicles to back up and exit which is safer than backing out onto Boutwell. These are big lots that are well under the maximum impervious surface coverage. Commissioner Hade asked, will there be any rain gardens? Mr. Thurmes replied that would be the responsibility of the future property owner in compliance with the City or the Watershed District. Commissioner Hansen remarked the proposal seems to meet all qualifications. A shared driveway makes sense to avoid parking on Boutwell. He was concerned about impervious surface but it seems like that will be OK. He is favor of it. Commissioner Siess commented that her biggest concern is about water in this area but at this juncture it will work its way out as it gets further down the line. Motion by Commissioner Siess, seconded by Commissioner Hansen, to recommend that the City Council approve Case No. 2019-07, Preliminary Plat, Rezoning, Final Plat and a drainage and utility easement vacation for the property located at 7817 Newberry Court, with the 11 conditions recommended by staff. Motion passed 6-0. Case No. 2019-08: Consideration of a final plat, rezoning, and a drainage and utility easement vacation for the property located at 8393 and 8313 Marylane Ave. Fenway Land Company, property owner. City Planner Wittman stated that 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 11 lot single-family project was considered by the Planning Commission on January 23, 2019 and conditionally approved by the City Council on February 5, 2019. In error, staff did not legally advertise for the rezoning, so a public hearing process is required for the rezoning. The request at hand is to rezone the property to RB, Two- Family Residential, and to vacate the drainage and utility easements surrounding both of the existing lots. The Planning Commission does not need to review the final plat. It is presented for information purposes only. The developer requests the Planning Commission review and recommend approval of the rezoning and the vacation of the existing drainage and utility easements. An adjacent private property owner asked today whether the City would impose a conservation easement over some of the drainage easements to protect some of the trees. This is designated as a semi natural area in the Comprehensive Plan but semi natural areas don’t have protected species so staff does not think it’s appropriate to impose a conservation easement because they are not high quality lands. The property owner may, if they choose, have Home Owners’ Association (HOA) covenants restricting tree removal in those areas. Staff finds that the requests are consistent with the Comprehensive Plan and are not detrimental to the neighborhood. Therefore, staff recommends approval of the rezoning and the vacation of the existing drainage and utility easements. Commissioner Siess asked, what is considered high quality land? Ms. Wittman replied high quality land is generally considered untouched land, usually with oak stands. These areas, on the other hand, are largely filled with volunteer trees such as ash. Commissioner Dybvig said it looks like Lots 1-5 have huge easements behind them. He asked if others have smaller easements. Ms. Wittman replied yes, where there is a much larger easement, there are two retaining ponds proposed and that is why they have larger drainage and utility easements. Mark Guenther, Fenway Land Company, applicant, stated that there is no HOA planned as there is no need for one. To set one up just for tree preservation would be challenging and difficult for the Planning Commission March 27, 2019 Page 4 of 7 homeowners to manage. The easement area is an infiltration basin for all the water to be kept onsite. The Watershed District is finishing their review now and he anticipates approval from them April 9. Commissioner Siess noted the design of the houses is like row houses. She asked, was there ever consideration of doing a cluster of houses? Mr. Guenther replied he looked at lot of options. The depth of the site didn’t allow a road to be able to cluster this property. To cluster it would have required taking out all the trees and trying to create a ponding situation would have been challenging. The configuration proposed is the best situation to manage stormwater and save the natural tree line behind those properties. Chairman Lauer opened the public hearing. Chris Tetrault, 1342 Macey Court, voiced concern about manipulation of the tree line. His home was impacted by Rutherford Station drainage manipulation that occurred last fall. He felt there could have been less trees taken in that project. Another concern of one of his neighbors who could not be here tonight is that there already has been some manipulation of the environmental buffer and he feels like some of the maps are not reflecting how it looks currently. He would like it to be looked at more closely to confirm the maps are accurate. Chairman Lauer closed the public hearing. Commissioner Siess asked Ms. Wittman to address Mr. Tetrault’s concern about the buffers. Ms. Wittman replied that aerial imagery isn’t going to show the tree loss that occurred from the City drainage project in 2018. Because the developer is not proposing any tree loss in that area, the City will not require tree surveys. They are not proposing to remove greater than 30% of the canopy cover which would have triggered a tree survey. Commissioner Siess stated she would like there to be a comment to the City Council about the citizen’s concerns for the tree removal since it was not brought up in the preliminary plat. Motion by Chairman Lauer, seconded by Commissioner Dybvig, to recommend that the City Council approve Case No. 2019-08, final plat, rezoning, and a drainage and utility easement vacation for the property located at 8393 and 8313 Marylane Ave. Motion passed 6-0. Case No. 2019-09: Consideration of a Variance to construct a three-car garage on the property located at 1260 McDougal Green. Property located in the CR district. Necole Kahn, property owner. City Planner Wittman stated that on January 23, 2019, the Planning Commission heard a variance request from Michael and Necole Kahn to construct an open, unenclosed (carport) stall onto their two-car garage. The Planning Commission did not find practical difficulty and denied the application. On February 19, 2019 the property owner appealed the decision to the City Council. The City Council did not find practical difficulty existed and denied the appeal. The applicant would like to construct a third, attached and enclosed, 12’ wide stall onto their existing two-car garage. They have applied for a variance to City Code Section 31-309(a)(2) to allow for a garage to be greater than two stalls wide. Staff finds that the application is in harmony with the intent of the zoning ordinance and consistent with the Comprehensive Plan. The applicant has established practical difficulty and the proposal does not alter the essential character of the locality. Therefore, staff recommends approval with four conditions. Commissioner Siess asked, in the CR district when did it come about that a property could only have two-car garages? Ms. Wittman responded when the district was created due to its small lots. Planning Commission March 27, 2019 Page 5 of 7 Commissioner Siess remarked it’s interesting because the lots are so small and they couldn’t really accommodate a third stall. She asked if this requirement is really needed. Ms. Wittman replied there are some corner lots that could accommodate three-car garages. Commissioner Hansen asked, aren’t there side-loading garages? Ms. Wittman replied there are some side-loading garages that have three stalls. It’s hard to determine how some of them were approved. The location of references to the two-stall requirement in the code varies. CR is the only district in the City that has a requirement like this. Michael Kahn, applicant, stated his home is not truly front-facing and the home directly to the north is side-loaded and has a three-car garage. The third stall will not make the garage visually dominant because it will not be seen from the street. He feels it will be a good alternative versus the open plan originally requested. It is needed because there is no street parking in the winter and there have been break-ins in the neighborhood. Chairman Lauer voiced support as it is a uniquely situated property and the design fits. Commissioner Hansen stated the previous version did not meet the characteristics of the neighborhood. This design fits better. Commissioner Siess stated this is costly to homeowners in this district who have a property like this that could sustain a third car garage. She asked, is this something that the City would ever consider removing from the code? Ms. Wittman replied the neighborhood is fully developed. City staff may initiate code amendments when it is felt to be in the public interest. Staff can review it. It would compete with a lot of other higher priority workload items. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Commissioner Dybvig, seconded by Councilmember Collins, to approve Case No. 2019-09, variance to construct a three-car garage on the property located at 1260 McDougal Green, with the four conditions recommended by staff. Motion passed 6-0. Case No. 2019-05: Consideration of an amendment to the Short Term Home Rental Ordinance. The purpose of the amendment is to clarify existing language and to make minor procedural changes. City of Stillwater, applicant. City Planner Wittman stated that staff is requesting the Planning Commission hold a public hearing to consider changes to the Short Term Home Rental ordinance. She reviewed the changes: Transfer of the ordinance from the Zoning Chapter of the City Code to the Licensing Chapter; reorganization of text and clarification of ambiguous text; procedural changes including requiring the public safety inspection(s) to pass prior to issuance of the license but not prior to submitting the application; and making the property manager responsible for letting neighbors know when management contact information changes. Enforcement options also will be made more robust. Councilmember Collins asked, has anyone had a license suspended? Ms. Wittman replied no. One license holder has had two substantiated complaints in the last year. Things went quiet when they knew that the third complaint would result in revocation of their license. Commissioner Siess asked, would they get a $750 fine also? Planning Commission March 27, 2019 Page 6 of 7 Ms. Wittman said she wasn’t certain whether the is fine listed under the existing ordinance. That is part of the reason for transferring it to licensing so staff can do administrative citations and fines. Commissioner Siess said she feels that the fines are too light. She would be in favor of making them stiffer starting with $500 because the City has gotten a lot of concerns from neighbors. She talked to Community Development Director Turnblad about the crimes related to the VRBO but her question is, what if they had a different crime? Ms. Wittman said staff has not yet talked to City Attorney Land about that. She will touch base with her on this to determine what kind of impact a crime could have on the license. Commissioner Siess asked, what would a crime involving a short term rental be? Ms. Wittman replied maybe a party where there are minors - that could be a crime against a rental. Commissioner Siess said she wonders if it would be more robust to include language referring to any felony misdemeanor. Ms. Wittman replied that a challenge with that is that it’s easier to track property issues versus issues against persons. She is not sure how the Planning Department would know about a crime committed by a property owner. Commissioner Hansen said, for instance if a married couple are property owners and there’s a violation, who gets fined, is it both of them if there is a crime? Ms. Wittman replied if there is a violation, it could get assessed to a property under shared ownership. She reminded the Commission they could table this to get more answers from City Attorney Land. Chairman Lauer asked, where did the levels of fines come from? Ms. Wittman stated they were in the original ordinance and represented staff’s best guess at appropriate fines at the time. Commissioner Hansen asked, has the property owner who had the two substantiated complaints referred to earlier had to pay $750 fine to date? Ms.Wittman replied she is not sure. Commissioner Hansen stated on page 8, I, II and III, asked if “one to two bedroom units or sleeping areas” should be changed and bedrooms made plural? It’s a grammatical question. Ms. Wittman made note of the question. Removing the word “unit” may clarify the intent. Chairman Lauer asked, is there a parking requirement per number of people? Ms. Wittman replied it’s based on the number of bedrooms, not people. Double occupancy is assumed. There are occupancy limits on all units. Chairman Lauer continued, for instance, a room in basement with four bunkbeds in it? Ms. Wittman replied staff looks at a bedroom as having dual occupancy and those two people would ride in the same car. She summarized that the Commission would like to explore the crimes aspect and wants more detail on the fines, how they came about, are they relevant, do they make an impact, and what other cities are doing. Commissioner Siess said if the amendment is tabled, it would be interesting to know how many of each type have been used. Planning Commission March 27, 2019 Page 7 of 7 Ms. Wittman replied there is one Type C left and 20-some Type A and Type B left. The Type Cs have to come before the Commission for the conditional use permit (CUP) first. Just because a property is issued a CUP doesn’t mean it will automatically become a STHR. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Siess, to table Case No. 2019-05, an Ordinance Amending and Renumbering Short Term Home Rental Regulations in the Stillwater City Code. Motion passed 6-0. FYI STAFF UPDATES Election of Officers Ms. Wittman said election of officers will take place in May. There will be two open seats. Commissioner Siess indicated she will not ask for reappointment, and Commissioner Hansen indicated he would like to be reappointed. One application has been received. There will be another advertisement in the Gazette next week. Applications are available online through the City web site. ZAT RB 65’ for two family Ms. Wittman stated the zoning text amendment (ZAT) for 65 foot lots in the RB district to allow for two families was denied by the City Council. Commissioner Siess pointed out the case with the armory was denied as well. Applications Commissioner Siess asked if the City has talked about advertising these commissions on their main web site so there can be more applicants. She would like to see a blurb stating there are vacancies. The Facebook page and the footer should be used to advertise commission vacancies. ADJOURNMENT Motion by Commissioner Hade, seconded by Commissioner Hansen, to adjourn the meeting at 8:26 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary PLANNING COMMISSION MEETING DATE: April 24, 2019 CASE NO.: 2019-10 APPLICANT: Wendy Adams, Property Owners REQUEST: Consideration of a Variance at 321 Moore Street West to install footings during a concrete driveway installation, in preparation for a future garage extension. ZONING: RB: Two-Family Res. COMP PLAN DISTRICT: LMDR: Low/Medium Density Res. PREPARED BY: Graham Tait, City Zoning Administrator INTRODUCTION The applicant plans to construct a 4’ by 14’ addition onto the front of her garage at 321 Moore Street West. The existing garage has a 3.5’ side yard setback, whereas a 5’ setback is required. And though the addition would match the setback of the existing garage, a variance is needed to expand the garage with its non-conforming setback. In addition to the setback issue, the lot currently has a structural coverage of 28.3%. A variance was granted in 2014 to allow the coverage to increase from 25 to 28.3%, but the proposed garage addition will also need a coverage variance since it exceeds the allowed 28.3%. The proposed future garage extension is to address accessibility concerns relating to the need for a wheel chair in the future. It should be noted that the applicant does not know when she will build the addition, but this year she will install a new concrete driveway and footings for the future addition. REQUEST Wendy Adams is requesting that the City grant two variances: 1. A 1.5 foot variance from the required 5.0 foot side yard setback. 2. A coverage variance to allow the structural coverage on the lot to increase to 28.396%. APPLICABLE REGULATIONS AND STANDARDS The purpose of the variance is to “…allow variation from the strict application of the terms of the zoning code where the literal enforcement…would cause practical difficulties for the landowner.” In addition to the requirements, below, Section 31-208 indicates “[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance” and “…a previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits.” 1. The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose of a side yard setback is to maintain an open, unoccupied and uniform space for aesthetic and environmental benefits, as well as to prevent development too close to the adjacent property. The purpose of the maximum lot coverage is to maintain open, unencumbered space to regulate massing proportionality and to provide for adequate storm water infiltration. Since the garage is not being proposed to get any closer to the property line than it currently is, it would not be further increasing nonconformity with the side yard setback. Since the structural lot coverage is 28.3% and the impervious surface lot coverage will be 14.5% after the driveway expansion, the total lot coverage is 42.8%, which is less than the 50% lot coverage threshold. The expansion to the garage would increase the structural lot coverage by .096% and reduce the impervious lot coverage by .096%; not changing the total lot coverage. In addition, the property has multiple rain gardens, which help control storm water runoff. 2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. “Practical difficulties,” as use in connection with the granting of a variance, means that all of the following must be found to apply: i. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; The use of the property, as a single family residence in a single family residential neighborhood, is reasonable. Allowance for an extension to the garage to accommodate future mobility needs is also reasonable. ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The 6750 square foot (75’X90’) lot is a preexisting, non-conforming lot in that it does not meet the minimum lot area of 7,500 square feet. When the RB-Two Family setbacks are applied to a traditional 7,500 square foot lot, approximately 56% of the lot is reserved for setback areas. When all setbacks are applied to this corner lot, approximately 73% of the lot is reserved for setback area. iii. The variance, if granted, will not alter the essential character of the locality. The proposed garage extension is very minimal and will have no effect on the essential character of the locality. PUBLIC COMMENT None were submitted. ALTERNATIVES The Planning Commission has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a variance to the side yard setback and to the maximum allowable structural lot coverage by allowing the installation of footings to an anticipated future garage extension. The Planning Commission may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. If the Commission were to find practical difficulties do exist for the property owner, staff would recommend the following conditions:  Plans shall be substantially similar to those on file with the Community Development Department’s Case No. 2019-10.  The materials and colors used in the future garage extension will be the same as the ones present on the existing garage.  A building permit shall be reviewed and approved prior to any construction occurring on the property.  Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. 2. Make the finding that practical difficulties have not been established and deny the variance, with or without prejudice. 3. Table the application and request additional information from staff or the applicant. FINDINGS AND RECOMMENDATION Staff finds that the application is in harmony and intent of the zoning ordinance and consistent with the comprehensive plan. The applicant has established practical difficulties and does not alter the essential character of the locality. Therefore, staff does recommend conditional approval of the variance associated with CPC Case No. 2019-10 for the installation of footings during the construction of a concrete driveway, in preparation for a future garage extension. ATTACHMENTS Site Location Map Applicant Narrative (two pages) Site Plan Site Photos (two pages) Plan Details (two pages) STR E ET STR E ET STREETM O O RE SY CA M O R E 303 313 217 415 306402 302 411 303 1422417 416 410 315 318 309 308 218 1319 322 321 1313 419 420 1322 1413 1407 1316 µ 0 125 25062.5 Feet General Site Location Site Location 321 Moore St W ^ Te xt PLANNING COMMISSION MEETING DATE: April 24th, 2019 CPC CASE NO.: 2019-11 APPLICANT: Birchwood Landing, LLC of ILHC of Stillwater, LLC represented by the Goodman Group REQUEST: 1) Final Planned Unit Development for Phase II 3) Preliminary Plat for Birchwood Landing: 8 lots 4) Final Plat for Birchwood Landing: 8 lots LOCATION: Outlots D and E, located adjacent to 107 Bridgewater Way ZONING: 1) Base Zoning Districts: LR, Lakeshore Residential 2) Overlay District: RD, Recreational Development Lake Shoreland Management District for Long Lake PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND In 2017 the City approved a four-phased Planned Unit Development for the ILHC of Stillwater (otherwise known as the Goodman Group) to develop a Senior Living Campus near the north end of Long Lake. Known as the Lakes at Stillwater, the first Phase of the development is nearly complete. REQUEST Birchwood Landing, LLC of ILHC of Stillwater, LLC represented by the Goodman Group, has submitted a request to develop two existing outlots into four parcels. The four parcels are proposed to contain 30 independent living units with one enclosed common area. The request includes: 1) Final Planned Unit Development for Phase II 2) Preliminary Plat for Birchwood Landing: 8 lots 3) Final Plat for Birchwood Landing: 8 lots EVALUATION OF REQUEST The entire Planned Unit Development was reviewed and approved by the City in May of 2017 (CPC Case No. 2017-8). At the time, the City reviewed minimal dimensional standards, including the site size, density, setbacks, and impervious surface coverage for all four Goodman Lakes at Stillwater April 24, 2019 Page 2 Group phases as well as a recreation plan for the entire site. The original 2017 approvals granted Final PUD approval for Phase I, II and III. The Phase II approval was formerly referred to as “The Cottages”, but is now being referred to as “Birchwood Landing”. This Phase II submittal conforms to the Preliminary and Final PUD approvals. Preliminary Plat A. Overview The applicant originally submitted a preliminary plat showing the subdivision of the project site amongst all the phases, but the Lakes at Stillwater Final Plat platted the Phase II – III properties as Outlots. Therefore, the applicant has requested consideration of approval of replatting of several of the outlots as the Preliminary and Final Plats for Phase II. The preliminary plat for this Phase, “Birchwood Landing”, includes 8 lots accommodating 24 senior townhomes. An additional 6 senior townhomes will be developed in conjunction with this Phase. However, those lot were already platted as Lots 5-7, Block 1, Lakes at Stillwater. So, a total of 30 townhome units will be constructed. B. Civil Engineering The City Engineer reviewed the preliminary and final plats for conformance with the City’s Stormwater Management and Grading standards. All site grading occurred during the first Phase so there are no additional concerns. The PUD approval condition “a drainage easement shall be dedicated on the final plat for all common drainage areas – i.e. backyard drainage on the west of the property (town homes)” has been satisfied. Additionally, Tree Preservation and Site Landscaping was determined at the time of the Final PUD review. The developer will be required to install trees and site landscaping as per the PUD’s amended tree and landscaping plan. C. Brown’s Creek Watershed District Comments A condition of PUD approval was that “stormwater and grading plans must be approved by the Brown’s Creek Watershed District, and permit issued prior to release of the Final Plat for each phase”. However, a Brown’s Creek Watershed District permit was obtained for the entire development. Therefore, BCWD Phase II review was not required. D. Public Park and Trail Dedication Ordinance Standards Ordinance 963 establishes minimum public park and trail dedication requirements for all development. In cases such as this one where the Comprehensive Plan and park planning efforts do not identify a need for on-site parkland, a park dedication fee may be accepted in lieu of a land dedication. Lakes at Stillwater April 24, 2019 Page 3 At their April, 2017 meeting, the Parks and Recreation Commission recommended approval of fees in lieu of parkland dedication. They further recommended the costs for construction of the HWY 12/72nd Street connecting trail be credit to the impact fee payment. As a result, a PUD condition of approval is “the park and trail dedication fees will be due prior to release of final plats for filing with Washington County”. While some of the public and private trails have been developed, the developer is proposing to complete all public trails by the completion of Phase II. However, the Development Agreement indicates the trails must be complete prior to the Certificate of Occupancy for Phase I. Given land disturbing activities are proposed in the areas where trail is proposed, completion of the trails until after Phase II construction is appropriate. The Development Agreement will need to be amended to reflect this. Additionally, trail easements have not yet been recorded; this, too, will need to occur. Final Plat Typically, before a final plat may be submitted, all conditions for the preliminary plat need to be met. Since the applicant has elected to pursue preliminary and final platting at the same time, all conditions of the preliminary plat must be met or included in the Development Agreement before the final plat may be released from the City for recording. Several items are already included in the Development Agreement including, but not limited to: Fees associated with Phase II will be due before a building permit may be issued for development for this Phase PHASE II Park Fee Villa, Independent Living 22 Units1 $750 $16,500 Trail Fee Villa, Independent Living 22 Units1 $500 $11,000 Trout Stream 4.64 Acres $5,912 $27,432 Transportation Adequacy Fee 4.64 Acres $8,120 $37,677 SUBTOTAL $160,371 Credit Credit for Trail & Park Fees paid by Developer as Public Improvements ($27,500) TOTAL $132,871 ALTERNATIVES A. Approval. If the Planning Commission finds the proposal conforms to the standards set forth for subdivision review, it could recommend conditional approve the following: 1. Preliminary Plat for Birchwood Landing: 8 lots 2. Final Plat for Birchwood Landing: 8 lots 1 The fee in lieu of land dedication for eight (8) units was applied to the Phase I development given the Lakes at Stillwater plat includes some of these independent living townhomes. Lakes at Stillwater April 24, 2019 Page 4 Conditions of approval would at a minimum include: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department, including those below, except as may be modified by the conditions herein: • Preliminary Plat 3/21/2019 • Open/Developed Areas 4/10/17 • Tree Preservation Plan C1.4 3/17/17 • Site Plan C2.1 4/5/17 • Grading, Drainage, Paving, Erosion Control C3.1 3/17/17 • Utilities C4.1 3/17/17 • Street profile C6.1 3/17/17 • Landscape Plan L2.1 3/17/17 • Trees & Seeding Plan L2.2 3/17/17 • Lower Level Plans A3.0 4/5/17 • Floor Plans • TH1/TH2 Duplexes A310 3/22/2019 • TH3 (Triplex w/ Clubhouse) A320 3/22/2019 • TH4 (Quadplex) A330 3/22/2019 • Exterior Building Elevations • TH1/TH2 Duplexes A501 3/22/2019 • TH3 (Triplex w/ Clubhouse) A502 3/22/2019 • TH4 (Quadplex) A503 3/22/2019 • Final Plat 3/22/2019 • Master Trail Plan 5/1/17 2. Phase II development shall conform to approvals granted by Resolution No. 2017-094, including conditions of approval. 3. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 4. Trail completion shall occur prior to the release of a Certificate of Occupancy for the two TH2’s located on Lots 5 & 6, Block 1, Lakes of Stillwater. Prior to the release of the Final Plat, the Development Agreement’s Exhibit B, Public Improvements, will need to be amended to reflect the required completion date for trail construction. 5. The trail easement shall be recorded against the property. B. Table If the Planning Commission finds the proposal to be incomplete, it could table the review for additional information. Lakes at Stillwater April 24, 2019 Page 5 C. Denial If the Planning Commission finds the proposal to be inconsistent with development codes, it could recommend denial of the request. With a denial, the basis of the action should be given. RECOMMENDATION The preliminary and final plats not only conform to the development standards but also to the PUD approved with CPC Case No. 2017-08. Therefore, staff recommends approval with the conditions listed in Alternative A. Attachments: Site Location Map Narrative Request Preliminary Plat Phasing Schedule Resolution No. 2017-094 Final Plat Building Elevations 77T H ST REET N ORT H 7 5 T H S T R E E T N O R T H R OAD R U T GREENFIELDSSUMMER M E L VIL L E COURT NORTH LANEMINARMINAR AVE NOM I N A R A V E N U E NORTHC S A H 1 2 STREET NORTH72ND NORTHAVENUENORTHLANDINTERLACHEN DRIVE SUMMER 72ND STREET NORTHHERFORDRD.FIELDS CT BRIDGEWATERWAY115 107 719012525 12490 7150 12950 12550 12377 7160 7685 7130 7625 7640 7660 12499 7639 7680 7520 7699 7669 7609 7610 7720 7155 7181 7100 12421 12530 12721 7171 772912380 2803 3363 12363 240 7157 7030 234 7010 220 332 228 3367 198 212 224 12478 3171 3219 203 320 195 204 304326 327 3213 404 219 319 241 320 190 314 211 3212 312 170 412 180 229 3359 311 403 225 3180 233 219 237 3355 150 160 140 130 3370 3206 227 3362 3183 303 185 3216 3358 3343 120 3177 175 µ 0 540 1,080270Feet General Site Location Site Location Adjacent to 107 Bridgewater way The Lakes at Stillwater Lots 4, 5, 6 and 7, Block 1 and Outlot D and E ^ Te xt Birchwood Landing, LLC Presents •i t woo an in atc e a es at t i Ovate r A Stillwater Senior Community Stillwater, Minnesota N arrative for the Revised Final PUD Plan, Preliminar Plat, and Final Platv Prepared by Bolton & Menl<, Inc. INTRODUCTION O n behalf of Birchwood Landing, LLC, ILHC of Stillwater, LLC, The Goodman Group, LLC, and Bolton & M enl<, Inc., we are pleased to submit this application for revised final PUD (planned unit development), p reliminary plat and Final Plat [solely] to replat Outlots D and E, Lakes at Stillwater to include separate l ots for each building to be constructed on those lots as well as renumbering: existing Lot 5 to new Lot 9, e xisting Lot 6 to new Lot 10 and existing Lot 7 to new Lot 11 (Phase 2 of the approved concept PUD). Original Project Overview The Goodman Group (TGG) is anaward-winning, nationally acclaimed senior living and health care organization. We recognize a direct link connecting the architecture and design of a community d evelopment to optimal senior health and wellness, providing a dignified quality-of life, community i ntegration and long-term sustainability. Stillwater is a premier destination for individuals who value parks, outdoor recreation, and historic boutique charm. As a Minnesota based company, we deeply appreciate the area's rich heritage and scenic beauty —which affords an unusual opportunity to create a legendary senior living community for Stillwater at Long Lal<e. As you Know from the original concept PUD Plan, our team perceives having a strong relational connection between this development's natural landscape and what will be the completed senior living community built environment. We are honoring the property's history with the Department of Natural R esources, Elden Lamprecht's reforestation project and the surrounding neighborhood's appreciation for the natural views. We envision a complementary style of architecture and design, which is already on d isplay with the construction of The Lodge, which has enhanced the rich beauty of the land, while b uilding upon its history of nature conservancy. O ur vision for the architecture and design for this senior living community is based on a Minnesota N orth Woods resort lodge theme, which we envision will complement the landscape and provide the backdrop for a meaningful quality-of-life for Stillwater's seniors, their loved ones, local youth and a d edicated workforce. We envision a beautiful, well-conceived senior living community which offers exceptional health care and services including independent housing, assisted living, memory care, care suites, intergenerational education and programing, as well as an outstanding caliber of amenities and services. Owner &Operator: I~HC of Stillwater, LLC Intergenerational Living &Health Care, Inc. and The Goodman G roup, LLC I ntergenerational Living &Health Care, Inc. (ILHC) is a nonprofit organization pioneering interactive programs for seniors. Based in Chaska, the organization owns nearly 600 units of independent living, assisted living, memory care, and skilled nursing in four communities in four states, which offer an i ntegrated early childhood center adjacent to one facility and intergenerational programing at all facilities. Founded in 1992, ILHC has a longstanding commitment to interactive programing to bring children and seniors together to cultivate understanding, support, purpose and to share the inherit wisdom between generations. Developer &Manager: The Goodman Group, LLC The Goodman Group, a Chaska MN-based company, is a leader in developing and managing senior living a nd residential communities, as well as commercial properties. The Goodman Group is a privately held company with 54+ years of experience, overseeing communities with more than 13,800 residents in 59 l ocations across a wide array of senior living and multi-family options. Platinum Service° is the centerpiece of The Goodman Group's promise to deliver an unparalleled service experience, The organization specializes in the development of person-centered lifestyles for healthy aging through proprietary programs and services to encourage residents' optimal wellbeing.lt was the recipient of the 2014 Performance Excellence Advancement Level Award, based on Malcolm Baldrige Criteria. It also was the first long-term care and residential living provider in Minnesota to be proclaimed a Yellow Ribbon Company. Approved PUD Project Background Background information for the approved PUD project is listed as reference to give you a refresher on the original PUD design. This information was approved back in 2017. The street improvements have been installed and The Lodge is finishing up soon. Here is the original approved PUD narrative: The demand for senior housing is rising as the baby boomer population ages and seeks generation- specific housing. According to recent trends, seniors are looking to age-in-place within communities offering a distinctive range of amenities. This proposed senior living community is a re-visioning of a previously approved project, on a portion of the subject site. In 2014, Select Senior Living of Stillwater received approval to construct athree-story, 100-unit senior care facility on 5.87 acres between the Rutherford Elementary School and the Grace Baptist Church. In 2015, Northland Real Estate acquired control of the site and began evaluating the p revious project and approvals with the idea that the project could be revived. A new team was assembled to create an expanded vision more in line with the demands of the Stillwater population. In order to deliver a successful project, with a more diverse assortment of living options and necessary a menities, the project would require a broader assembly of land. The Lodge component of The Lal<es at Stillwater campus is currently being built on existing Lot 3, Block 1, Lakes at Stillwater, The original concept plan that was approved on April 5, 2016 and the revised concept that was presented to the council on June 7, 2016. The plan has been adjusted to address the Council concerns about shape, height, massing and architecture, as well as the comments voiced at the neighborhood and public meetings. The development team gained control of additional adjacent property including parcels south and east of the original site that was shown in the 2016 concept plan as well as property to the west of the 2016 concept site. The additional land allows the re-envisioned project to offer a more diverse range of h ousing, services and amenities. The property to the east has undergone extensive reforestation and rehabilitation and now provides an i ncredible natural amenity for the neighbors and the community at-large. Additionally, these assets are central to the design and orientation of the campus. The balance of the site will remain natural. O RIGINAL REVISED CONCEPT PUD (For Phase 1) The development team requested approval of a concept PUD in the Lakeshore Residential (LR) District to provide an integrated senior living campus. The revised concept plan adds approximately 8.5 acres to the approved concept plan by including the Meisterling property in the project. The Revised PUD Concept plans included 239 units in The Lakes at Stillwater Campus, plus a possible future expansion to G race Baptist Church (Lot 1) and potential future development of three additional twinhome buildings o n the Meisterling's retained parcel (Lot 12). The lot area summary was located on the original Site Plan (sheet C2.1 submitted on May 5, 2017). It also provided the impervious surface coverage for each lot at full buildout per the PUD Concept Plan. As permitted by Section 31-210 of the Zoning Ordinance, we are requesting concept approval for the e ntire project, but we will only be requesting final PUD approval for The Lakes at Stillwater senior living campus at this time. The Grace Baptist Church and the Meisterling's will submit their final detailed plans w hen their developments are implemented. FINAL PUD PLAN (For Phase 1) The development team received final PUD approval of the 239-unit senior living campus, which will a llow the City to expand the range of housing options available for the aging population. Our project is consistent with the 2030 Comprehensive Plan, which encourages a range of housing opportunities for the aging population in the community. The Lakes at Stillwater campus is a planned senior living community offering an array of housing and service levels, which will be positioned as market rate rentals. The Lal<es at Stillwater campus will allow for aging—in-place, affording area seniors to maintain independence in their homes, for as long as possible, while accessing specialized amenities, care and service needs, • The Lodge will consist of (59) Independent Living Units, (32) Assisted Living Units, (32) Memory Care Assisted Living Units and (16) Care Suites • Birchwood Landing will consist of 30 duplex/triplex/quadplex style cottages and a community unit. • Sandhill Shores is planned 70 Unit — 55+Active Adult community for independent living The flagship destination of The Lakes at Stillwater campus, called "The Lodge" is currently under construction with planned completion very soon. It will provide a rich selection of services and amenities to include a number of common shared fireside areas, library, and restaurant offering scenic views, a bistro, auditorium, wellness/fitness center, movie theatre, and an intergenerational learning lab. We have worked closely with the development team to create a project with a 35-foot maximum b uilding height as allowed by the Zoning Ordinance. Phase 1 will provide below grade parking for residents. The 3-story building allows residents to have access to terraces, private balconies, pedestrian paths and natural features. In order to address the transitions to the adjacent neighborhood, the end caps of the building steps down from 3- to 2-stories, and the campus was expanded to allow the a ddition of 30 cottage units and community unit on the west and south to soften the transition to the a djacent single family homes. Access to the campus is from County Road 12 in the north-central portion of the lot. This right-of-way l ocation was approved by Washington County (see letter dated July 26, 2016) and turn lanes were constructed as part of the County road improvements last year. The County has reviewed the project a nd found this access to be adequate for the project as proposed. A new public street (Bridgewater Way) was constructed to serve the campus. All homes, except those on existing Lots 5, 6, & 7, Block 1 (which are served by a private drive) have access to the new public street. The short private drive will serve the three cottage buildings at the end of the cul de sac. A trail in the northwest portion of the site connects the new public street and County Road 12. The primary purpose is to provide a recreation trail connection, and has also been designed to provide an e mergency vehicle access, which serves to reduce the length of the cul de sac from that point to less than 750 feet as desired by the City. At the City's request, an additional 1.93 acres of public right-of-way on the southern edge of the project a rea will be dedicated, but not improved, for a possible future improvement of 72nd Street North and I nterlachen Drive. Our plans do not show any access from this project to 72nd Street North. Setbacks We are requesting PUD flexibility on the internal setback requirements, which is typical of a master planned campus such as this, and some flexibility from the 100-foot building setback from CSAH 12. The County has excess wide right-of-way adjacent to this property both on the north for the street and also o n the east for the pond, which renders the Grace Baptist church site virtually unbuildable. We are requesting that as part of this PUD, we be allowed to assume a standard 75-foot %z right-of-way for County Road 12 for building setback purposes. For the majority of this street section to the west, the County has a 75-foot %2 right-of-way. This more typical right-of-way would allow the Grace Baptist c hurch options for future expansion. Our plans reflect this proposed flexibility. There would be no i mpact on traffic movements as the setback from the street would be consistent with other d evelopments in areas with standard rights-of-way. We are meeting or exceeding all other setback standards for the LS district and the Shoreland Overlay District and ask for this flexibility to allow Grace Baptist Church future opportunities to grow in Stillwater. Shoreland Standards A pproximately 93% of the project site is located in the Shoreland Management Overlay District. The City's ordinance (Section 31-402) provides standards for development within the shoreland area. The maximum impervious surface allowed in the shoreland area is 25% of the developable area. Our plan h as only 23.7% impervious coverage, which is well below the allowable 25%impervious surface area. Because we are proposing a significant open space area as part of this project, we are requesting the flexibility to consider impervious surface area for the project as a whole, rather than individual lots. We h ave assigned maximum impervious surface limits to each lotto reflect this total, which will allow the city to track development as it progresses through the anticipated phases. Section 31-402 of the Zoning Ordinance requires a 40-foot setback from the top of bluff and a 75-foot setback from the Ordinary High Water Level (OHWL) from recreational development lakes. Our project h as shifted the development away from Long Lal<e and exceeds these minimum setback standards. P rior to developing this submittal package, we met with City and MnDNR staff to discuss our proposal. At this meeting, we learned that, in addition to the adopted City shoreland standards, the MnDNR will be reviewing the project with the City to ensure that the purpose and intent of the shoreland rules have been met. We have reviewed the DNR PUD Evaluation Worksheets provided to us in apre-application m eeting. We understand that these templates were developed to give guidance to cities, but they were n ot developed with this type of a campus project with its mix of commercial and senior living in mind. H owever, as we developed our project we did incorporate the MnDNR principle of allowing density bonuses on a tier basis by shifting development away from the lake. The proposed site is divided into four tiers stemming 1,000 feet from OHWL of Long Lal<e, classified as a Recreational Development Lal<e, a nd proceeding landward. Tiers one through three are each 267 feet wide and tier four is 199 feet wide. O ur proposed development will be primarily clustered in tiers two, three and four, which is consistent w ith the purpose and intent. Wetlands The wetland delineation completed by Kjolhaug Environmental services identified two wetlands in p roposed Outlot B. There are no impacts proposed to either wetland and the plan provides the required wetland buffers. The campus was designed to tale advantage of the wetland views, which also provide a b uffer to the homes east of the campus. Stormwater Management Stormwater is managed through a series of infiltration basins and a raingarden that mimics existing d rainage patterns. The bulk of the site will drain north to one of three infiltration basins near County Road 12 and only small portion of the site will drain south to an infiltration basin on the south side of Lot 3 north of 72nd Street. The plan will comply with all City and watershed requirements. We have met i nformally with Brown's Creel< Watershed District staff to review our plans and ensure compliance. The watershed will accept a formal application after City approval of the plans. Tree Preservation Section 31-522 of the Zoning Ordinance regulates tree and forest protection. The project was designed to minimize tree removal by clustering the development in the northwest portion of the project and p reserving the trees on the east and south portions of the site. The plan shows removal of 48% of the 2311 trees on site, which would require 301 replacement trees under the City ordinance. Our tree restoration plan includes 311 trees planted around the new development which fulfills the quantity requirement. In addition, a variety of shrubs, perennials and grasses will be planted to create interesting l andscapes within the project. Parking Section 31-510 of the Zoning Ordinance provides parking standards and our plan provides a total of 451 parking stalls, which exceeds ordinance requirements. Phase 1 has a total of 49 underground parking stalls for resident use. The developer will prepare mutual parking agreements and access easements. T his will allow parking to be shared by the different buildings within campus and the Grace Baptist church. Utilities Sanitary sewer will be extended from the southwest to serve this site. Water will be extended from CSAH 12 and will be looped through the site. SPECIAL USE PERMI T The development team did request approval for a Special Use Permit (SUP) fora "Senior Living Community" in the Lakeshore residential district. As noted during the 2016 review process, the SUP a llows senior living campuses with a variety of services, and at densities, as proposed within this project. The Lodge complies with the SUP standards in Section 31-207 as follows: 1. The proposed structure or use conforms to the requirements and the intent of this chapter, and of the Comprehensive Plan, relevant area plans and other lawful regulations; The Lakeshore residential district allows Senior Living Care Facilities as a special use. The development h as been thoughtfully designed to respond to the senior housing demand referenced in both the City's Comprehensive Plan and recent housing studies by Washington County. The density of the project is typical of senior housing campuses of this type and less than what was previously approved on this site. The plans comply with all City regulations except where flexibility was specifically requested. 2. Any additional conditions necessary for the public interest have been imposed; the project includes p reservation of Outlot B, which is the formerJacl<son Wildlife Management Preserve and we will work w ith the City to ensure preservation in perpetuity. The plans have been designed to minimize impacts on a djacent properties while offering another level of quality housing options for Stillwater residents. 3. The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The Lal<es at Stillwater Campus will respond to a documented need for senior housing and will bean asset to the community. The campus will not constitute a nuisance or be detrimental to the public welfare, but will ensure preservation of 26.23 acres of permanent open space in Outlot B, will provide m ore than 300 new trees and will offer new housing options for residents of Stillwater. Phase 2 Project Background As the construction of Phase 1 wraps up we are requesting a revised final PUD plan, Preliminary Plat, a nd Final Plat for Phase 2 of the Lakes at Stillwater. Phase 2 will consist of building 30 cottage style attached residential units, including duplex, triplex and quadplex arrangements and a community unit. This plan is consistent with the original concept PUD plan approved by the City of Stillwater. Revised Final PUD Plan We are requesting final PUD approval for the twelve buildings, with 30 cottage style units and one community unit to be located on existing Lots 4, 5, 6, & 7, Blocl< 1, and Outlots D & E, Lal<es At Stillwater. This plan will conform with the originally approved concept PUD plan. This project is consistent with the 2030 Comprehensive Plan, which encourages a range of housing opportunities for the aging population i n community. B uilding Height As noted in the original PUD request we plan to transition from the larger Lodge building down to the single story cottage style buildings to allow for a good transition to the existing single family home to the west. Streets and Access A ll of the new units will be served from the newly constructed Bridgewater Way. The units located on existing Lots 5, 6, & 7 are served by a private drive connecting to Bridgewater Way, the new public street. Setbacks The setbacks proposed in this PUD plan do follow the already approved setbacks for the development. Shoreland Standards The proposed PUD plan does follow the already approved standards for the development. Wetlands The proposed PUD plan will not impact any of the delineated wetlands and does follow the approved standards of the original PUD Plan. Stormwater Management The stormwater will be managed by the inplace infiltration basins and a raingarden. The original design of the property the bulk of the site will drain to the north into one of three infiltration basins near County Road 12 and only a small portion of the site will drain to the south to an infiltration basin located o n the south side of Lot 3 north of 72~d Street. The plan will comply with all City and watershed requirements. We have met formally with Brown's Creel< Watershed District staff to review our plans a nd ensure compliance. We met with the Brown's Creek Watershed Boards on March 20th and the Phase 2 plan was approved. Tree Preservation As noted in the original PUD approval we will follow Section 31-522 of the Zoning Ordinance which regulates tree and forest protection, Phase 2 will comply with the originally approved tree replacement plan. In addition, a variety of shrubs, perennials and grasses will be planted to create interesting l andscapes with the project. Parking This PUD plan will conform with the City of Stillwater parking standard as defined in Section 31-522 of the Zoning Ordinance. Utilities N ew sanitary sewer and watermain was constructed and is inplace in Bridgewater Way. Sewer and w ater services lines were extended into each proposed future lot. Preliminary Plat We are requesting approval for a preliminary plat to create eight new lots to be located on Outlot D & E, Lakes at Stillwater. The plat will conform with all ordinance requirements. This plat will complete Phase 2 of the originally approved concept PUD plan. Final Plat We are requesting approval of the final plat for Phase 2 of this project, which will include eight new lots for construction of eight new single family attached buildings, with 30 units, including a community unit. This plat will conform with all ordinance requirements. Summary The proposal complies with the PUD requirements in Section 31-210 of the Zoning Ordinance, which notes that the PUD is a tool to provide a means of meeting the following goals: 1. Ensuring variety, innovation and flexibility in the development of land and its improvements. 2. Allowing a mixture of uses in an integrated and well planned area to aid in providing a better living e nvironment. 3. Allowing for flexibility in group building development wherein the relationship is between building a nd building or buildings and site, rather than between building and property lines, as is the case in m onostructural development. 4. Preserving natural beauty spots, open space and recreational areas. P hase 2 of Lal<es at Stillwater (to be Known as Birchwood Landing) meets all the City PUD standards and we respectfully request approval of the Revised Final PUD, Preliminary Plat, and Final Plat. We look forward to the review at the April 24th Planning Commission meeting and the May Ind City Council m eeting. CONTACT INFORMATION This document was prepared by: N athan Myhra, Survey Project Manager Bolton & Menk, Inc. 1960 Premier Drive M ankato, MN 56001 A ny additional questions regarding this application can be directed to Shane Goodman at sgoodman@thegoodmangroup,com or 952.361.8023. N 00°15'23" W173.32L = 2 3 4.8 2 R = 1 5 0.0 0 Δ = 8 9 °41'4 2" 65.02 S 89°57'06" E L =31.06R=57.00Δ=3 1°13'1 5 "133.25N 00°02'54" ES 89°49'08" E 99.12N 24 °50 '44" W48.82180.14S 01°23'19" W94.80N 25°46'27" EN 3 5 ° 1 7 ' 3 1 " W 1 1 3 . 7 4 L=239.83R=250.00Δ=54°57'52"199.62 S 89°43'46" W 89.66N 32°17'58" EL=180.44R=210.00Δ=49°13'52"173.32N 00°15'23" WL=192.07R=310.00Δ=35°29'58"S 68° 5 5 ' 3 7 " E 249. 7 3 S 00°15'23" E678.84DRAINAG E & U T I L I T Y EA S EM EN T A S P ER TH E P LA T O F LA K E S A T S T I L LWA T ER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER D R A I N A G E & U T I L I T Y E A S EM E N T A S P E R T H E P L A T O F L A K E S A T S T I L LW A T E R 10' D R A I N A G E & U T I L I T Y E A S E M E N T A S PER T H E P L A T O F L A K E S A T S T I L L W A T E R 30'15'15'30' DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER 36.9173.56 WETLAND BUFFER LINE PROPOSED WETLAND BUFFER AVERAGING LINE PROPOSED WETLAND BUFFER AVERAGING LINE BCWD WETLAND BUFFER LINE>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOPARKINGNOPARKINGNOPARKINGTTEVENT LAWN EXISTING BUILDING THE LODGE100'SETBACK34' 34'34' REAR YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.1 2 3 4 1 2 3 4B L O C K 1B L O C K 2DRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTL=107.54Δ=19°52'31"L=84.54Δ=15°37'28"147.22212.41112.0084.4931.3991.32105.04 94.58 84.5488.79N 89°44'37" E 175.00 N 89°44'37" E 176.80 S 78°06'3 1 " E 1 9 0 . 7 3 N 89°44'37" E 128.78 N 89°44'37" E 125.00 N 18°05'53" E 125.0019.65153.68131. 9 3 117. 8 0 129.35 61.37 115.0060.00 60' 60'L=27.54Δ=7°30'51"L=152.90Δ=41°43'00" L=43.91Δ=16°46'19" L = 1 9 0 . 9 1Δ=72 ° 5 5 ' 2 4 "L=26.43Δ=6°03'29"L=213.39Δ=48°54'23"1960 PREMIER DRIVE MANKATO, MINNESOTA 56001 (507) 625-4171 FOR: DRAWN BY:FIELD BOOK:JOB NUMBER: R PRELIMINARY PLAT STILLWATER, MINNESOTA OUTLOT D & E, LAKES AT STILLWATER BIRCHWOOD LANDING, LLC C/O THE GOODMAN GROUP NPMM15.118084H:\GOODM_PR\M15118084\CAD\C3D\118084_V_PRELIM_PLAT.dwg 3/21/2019 10:47 AM ©Bolton & Menk, Inc. 2019, All Rights Reserved LAKES AT STILLWATER NO. 2 Outlots D and E , Lakes at Stillwater, according the plat on file and of record with the Washington County Recorder. LEGAL DESCRIPTION All Zoning and Setback information was obtained from the City of Stillwater, MN. For detailed zoning information and specific interpretation of code requirements, contact the City of Stillwater Planning Director at (651) 430-8822. PROPOSED ZONING: subject property - LR (Lakeshore Residential) with a PUD Overlay HOUSE SETBACKS: Front 25' Side 10' Rear 85' from the OHWL Bluff 40' Note: All Structures to be setback 175 feet from the center line of CSAH 12 SETBACK DATA R SCALE IN FEET 0 50 100 LEGEND 3/4" IRON PIPE MONUMENT SET MARKED BY LIC. NO. 46564 MONUMENT FOUND LOT LINES RIGHT-OF-WAY LINE EASEMENT LINES UTILITY & DRAINAGE BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BEING 10 FEET IN WIDTH AND ADJOINING RIGHT-OF-WAY LINES, UNLESS OTHERWISE INDICATED ON THE PLAT. 5' 5'10'Horizontal Datum: HARN 1986 Washington County Coordinate System SUBJECT PROPERTY AREA Outlot D = 124,012 sq.ft. - 2.84 acres Outlot E = 74,094 sq.ft. - 1.70 acres Total Property Area - 198,106 sq.ft. - 5.54 acres LOT AREAS Lot 1, Block 1, = 26,717 sq.ft. Lot 2, Block 1, = 34,207 sq.ft. Lot 3, Block 1, = 19,616 sq.ft. Lot 4, Block 1, = 43,472 sq.ft. Lot 1, Block 2, = 19,322 sq.ft. Lot 2, Block 2, = 22,961 sq.ft. Lot 3, Block 2, = 16,873 sq.ft. Lot 4, Block 2, = 14,937 sq.ft. N 00°15'23" W173.32L = 2 3 4.8 2 R = 1 5 0.0 0 Δ = 8 9 °41'4 2" 65.02 S 89°57'06" E L =31.06R=57.00Δ=3 1°13'1 5 "133.25N 00°02'54" ES 89°49'08" E 99.12N 24 °50 '44" W48.82180.14S 01°23'19" W94.80N 25°46'27" EN 3 5 ° 1 7 ' 3 1 " W 1 1 3 . 7 4 L=239.83R=250.00Δ=54°57'52"199.62 S 89°43'46" W 89.66N 32°17'58" EL=180.44R=210.00Δ=49°13'52"173.32N 00°15'23" WL=192.07R=310.00Δ=35°29'58"S 68° 5 5 ' 3 7 " E 249. 7 3 S 00°15'23" E678.84DRAINAG E & U T I L I T Y EA S EM EN T A S P ER TH E P LA T O F LA K E S A T S T I L LWA T ER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER D R A I N A G E & U T I L I T Y E A S EM E N T A S P E R T H E P L A T O F L A K E S A T S T I L LW A T E R 10' D R A I N A G E & U T I L I T Y E A S E M E N T A S PER T H E P L A T O F L A K E S A T S T I L L W A T E R 30'15'15'30' DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER 36.9173.56 WETLAND BUFFER LINE APPROVED WETLAND BUFFER AVERAGING LINE APPROVED WETLAND BUFFER AVERAGING LINE BCWD WETLAND BUFFER LINE>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOPARKINGNOPARKINGNOPARKINGTTEVENT LAWN EXISTING BUILDING THE LODGE INFILTRATION BASIN 3 BOTTOM = 910.0 100 YEAR HWL=913.99 INFILTRATION BASIN 2 BOTTOM = 910.0 100 YEAR HWL=913.8 INFILTRATION BASIN 1 BOTTOM = 912.0 100 YEAR HWL=916.9 INFILTRATION BASIN 4 BOTTOM = 912.0 100 YEAR HWL=915.62 INFILTRATION BASIN 5BOTTOM = 917.0100 YEAR HWL=919.65INFILTRATION BASIN 7 BOTTOM = 907.0 100 YEAR HWL=907.82100'SETBACK34' 34'34' REAR YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.R A I N G A R D E N B O T T OM = 9 1 4 . 0 1 0 0 Y E A R HW L = 9 1 5 . 2 R A I N G A R D E N B O T T O M = 9 1 4 . 0 1 0 0 Y E A R H W L = 9 1 5 . 2 TH 3 TH 1 TH 1 TH 4 TH 4 TH 1 TH 4 TH 1 TH 1 TH 2 TH 2 TH 2 1 2 3 4 1 2 3 4B L O C K 1B L O C K 2DRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTL=107.54Δ=19°52'31"L=84.54Δ=15°37'28"147.22212.41112.0084.4931.3991.32105.04 94.58 84.5488.79N 89°44'37" E 175.00 N 89°44'37" E 176.80 S 78°06'3 1 " E 1 9 0 . 7 3 N 89°44'37" E 128.78 N 89°44'37" E 125.00 N 18°05'53" E 125.0019.65153.68131. 9 3 117. 8 0 129.35 61.37 115.0060.00 60' 60'L=27.54Δ=7°30'51"L=152.90Δ=41°43'00" L=43.91Δ=16°46'19" L = 1 9 0 . 9 1Δ=72 ° 5 5 ' 2 4 "L=26.43Δ=6°03'29"L=213.39Δ=48°54'23"TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130T RA SH R EC .TRASHR EC .RADON V EN T S TACK Unit 2 -2128Unit 2 -2 130 TRASH REC. TRASH REC. RADON VENT STACK Unit 2-2 128 Unit 2-2 130 UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200DWTRASHREC.TRASHREC.FLATSCREEN TV (N.I.C.)GAS F.P.112b111a110104111b111cLobby101Clubroom111Private Room112Fitness110Clo.104Clo.121RADON VENTSTACKRADONVENTSTACKUnit 2-2300Stor.143734Mech./Jan.145Unisex144Unit 2-4-Type A431960 PREMIER DRIVE MANKATO, MINNESOTA 56001 (507) 625-4171 FOR: DRAWN BY:FIELD BOOK:JOB NUMBER: R P.U.D. PLAN STILLWATER, MINNESOTA LOTS 4, 5, 6, & 7, BLOCK 1, AND OUTLOTS D & E, LAKES AT STILLWATER BIRCHWOOD LANDING, LLC C/O THE GOODMAN GROUP NPMM15.118084 R SCALE IN FEET 0 50 100 H:\GOODM_PR\M15118084\CAD\C3D\118084_V_PRELIM_PLAT.dwg 3/22/2019 2:23 PM ©Bolton & Menk, Inc. 2019, All Rights Reserved LAKES AT STILLWATER NO. 2 LEGEND 3/4" IRON PIPE MONUMENT SET MARKED BY LIC. NO. 46564 MONUMENT FOUND LOT LINES RIGHT-OF-WAY LINE EASEMENT LINES UTILITY & DRAINAGE BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BEING 10 FEET IN WIDTH AND ADJOINING RIGHT-OF-WAY LINES, UNLESS OTHERWISE INDICATED ON THE PLAT. 5' 5'10'Horizontal Datum: HARN 1986 Washington County Coordinate System Outlots D and E , Lakes at Stillwater, according the plat on file and of record with the Washington County Recorder. LEGAL DESCRIPTION All Zoning and Setback information was obtained from the City of Stillwater, MN. For detailed zoning information and specific interpretation of code requirements, contact the City of Stillwater Planning Director at (651) 430-8822. PROPOSED ZONING: subject property - LR (Lakeshore Residential) with a PUD Overlay HOUSE SETBACKS: Front 25' Side 10' Rear 85' from the OHWL Bluff 40' Note: All Structures to be setback 175 feet from the center line of CSAH 12 SETBACK DATA SUBJECT PROPERTY AREA Outlot D = 124,012 sq.ft. - 2.84 acres Outlot E = 74,094 sq.ft. - 1.70 acres Total Property Area - 198,106 sq.ft. - 5.54 acres LOT AREAS Lot 1, Block 1, = 26,717 sq.ft. Lot 2, Block 1, = 34,207 sq.ft. Lot 3, Block 1, = 19,616 sq.ft. Lot 4, Block 1, = 43,472 sq.ft. Lot 1, Block 2, = 19,322 sq.ft. Lot 2, Block 2, = 22,961 sq.ft. Lot 3, Block 2, = 16,873 sq.ft. Lot 4, Block 2, = 14,937 sq.ft. LOT AREA SUMMARY LOT NUMBER PERVIOUS (S.F.)IMPERVIOUS (S.F.)TOTAL AREA (S.F.) LOT 4, BLOCK 1 15,693 9,340 25,033 PHASE 1 LOT 5, BLOCK 1 17,150 8,724 25,874 LOT 6, BLOCK 1 19,898 8,796 28,694 LOT 7, BLOCK 1 17,532 8,376 25,908 LOT 1, BLOCK 1 6,650 26,717 PHASE 2 LOT 2, BLOCK 1 11,588 34,207 LOT 3, BLOCK 1 6,640 19,616 LOT 4, BLOCK 1 6,573 43,472 LOT 1, BLOCK 2 6,920 19,322 LOT 2, BLOCK 2 11,905 22,961 LOT 3, BLOCK 2 6,628 16,873 LOT 4, BLOCK 2 12,359 14,937 19,797 22,302 12,988 31,113 12,672 11,373 10,233 8,364 N 00°15'23" W173.32L = 2 3 4.8 2 R = 1 5 0.0 0 Δ = 8 9 °41'4 2" 65.02 S 89°57'06" E L =31.06R=57.00Δ=3 1°13'1 5 "133.25N 00°02'54" ES 89°49'08" E 99.12N 24 °50 '44" W48.82180.14S 01°23'19" W94.80N 25°46'27" EN 3 5 ° 1 7 ' 3 1 " W 1 1 3 . 7 4 L=239.83R=250.00Δ=54°57'52"199.62 S 89°43'46" W 89.66N 32°17'58" EL=180.44R=210.00Δ=49°13'52"173.32N 00°15'23" WL=192.07R=310.00Δ=35°29'58"S 68° 5 5 ' 3 7 " E 249. 7 3 S 00°15'23" E678.84DRAINAG E & U T I L I T Y EA S EM EN T A S P E R TH E P LA T O F LA K E S A T S T I L LWA T ER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER D R A I N A G E & U T I L I T Y E A S EM E N T A S P E R T H E P L A T O F L A K E S A T S T I L LW A T E R 10' D R A I N A G E & U T I L I T Y E A S E M E N T A S PER T H E P L A T O F L A K E S A T S T I L L W A T E R 30'15'15'30' DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER 36.9173.56 WETLAND BUFFER LINE WETLAND BUFFER LINE BCWD WETLAND BUFFER LINE PROPOSED WETLAND BUFFER AVERAGING LINE PROPOSED WETLAND BUFFER AVERAGING LINE BCWD WETLAND BUFFER LINE >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>NOPARKINGNOPARKINGNOPARKINGTTEVENT LAWN EXISTING BUILDING THE LODGE INFILTRATION BASIN 3 BOTTOM = 910.0 100 YEAR HWL=913.99 INFILTRATION BASIN 2 BOTTOM = 910.0 100 YEAR HWL=913.8 INFILTRATION BASIN 1 BOTTOM = 912.0 100 YEAR HWL=916.9 INFILTRATION BASIN 4 BOTTOM = 912.0 100 YEAR HWL=915.62 INFILTRATION BASIN 5BOTTOM = 917.0100 YEAR HWL=919.65INFILTRATION BASIN 7 BOTTOM = 907.0 100 YEAR HWL=907.82100'SETBACK34' 34'34' REAR YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.25' FRONT YARD SETBACK AS PER ORIGINAL P.U.D.R A I N G A R D E N B O T T OM = 9 1 4 . 0 1 0 0 Y E A R HW L = 9 1 5 . 2 R A I N G A R D E N B O T T O M = 9 1 4 . 0 1 0 0 Y E A R H W L = 9 1 5 . 2 1 2 3 4 1 2 3 4B L O C K 1B L O C K 2DRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTL=107.54Δ=19°52'31"L=84.54Δ=15°37'28"147.22212.41112.0084.4931.3991.32105.04 94.58 84.5488.79N 89°44'37" E 175.00 N 89°44'37" E 176.80 S 78°06'3 1 " E 1 9 0 . 7 3 N 89°44'37" E 128.78 N 89°44'37" E 125.00 N 18°05'53" E 125.0019.65153.68131. 9 3 117. 8 0 129.35 61.37 115.0060.00 60' 60'L=27.54Δ=7°30'51"L=152.90Δ=41°43'00" L=43.91Δ=16°46'19" L = 1 9 0 . 9 1Δ=72 ° 5 5 ' 2 4 "L=26.43Δ=6°03'29"L=213.39Δ=48°54'23"TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130TRASHREC.TRASHREC.RADON VENTSTACKUnit 2-2128Unit 2-2130T RASH R EC .TRASHR EC .RADON V EN T S TACK Unit 2 -2128Unit 2 -2 130 TRASH REC. TRASH REC. RADON VENT STACK Unit 2-2 128 Unit 2-2 130 UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200UPUnit 2-3(Level 1)201Unit 2-3(Level 1)200DWTRASHREC.TRASHREC.FLATSCREEN TV (N.I.C.)GAS F.P.112b111a110104111b111cLobby101Clubroom111Private Room112Fitness110Clo.104Clo.121RADON VENTSTACKRADONVENTSTACKUnit 2-2300Stor.143734Mech./Jan.145Unisex144Unit 2-4-Type A43TH 3 TH 1 TH 1 TH 4 TH 4 TH 1 TH 4 TH 1 TH 1 TH 2 TH 2 TH 2 1960 PREMIER DRIVE MANKATO, MINNESOTA 56001 (507) 625-4171 FOR: DRAWN BY:FIELD BOOK:JOB NUMBER: R PHASING PLAN STILLWATER, MINNESOTA LOTS 4, 5, 6, & 7, BLOCK 1, AND OUTLOTS D & E, LAKES AT STILLWATER BIRCHWOOD LANDING, LLC C/O THE GOODMAN GROUP NPMM15.118084 R SCALE IN FEET 0 X 2X H:\GOODM_PR\M15118084\CAD\C3D\118084_V_PHASE PLAN.dwg 3/22/2019 2:27 PM ©Bolton & Menk, Inc. 2019, All Rights Reserved LAKES AT STILLWATER NO. 2 PHASE 1 PHASE 2 PHASE 2 PHASE 2 PHASE 2 PHASE 3 FUTURE PHASE FUTURE PHASE UPUP1.A1.B1.D1.11.41.61.G1.F1.3A5011A5012A5013TRASHREC.TRASHREC.1A6002A600RADON VENT STACK1.E8'-4"8'-8"6'-4"10'-4"1.510'-0"6'-0"6'-8"16'-0"3'-0"7'-8"5'-0"1.C1.H6'-4"6'-0"4'-0"2'-0"4'-8"9'-0"9'-0"4'-8"1.LUnit 2-2A452Unit 2-2A4528'-4"8'-8"6'-4"10'-4"12'-0"16'-8"34'-0"16'-8"12'-0"91'-4"6'-8"54'-4"27'-4"18'-4"18'-4"27'-4"6'-4"6'-0"4'-0"2'-0"4'-8"9'-0"9'-0"4'-8"4A6006'-8"10'-0"6'-0"6'-8"16'-0"3'-0"12'-8"6'-8"16'-0"25'-8"12'-8"61'-0"91'-4"1.J1.21.KCONDENSER LOCATIONCONDENSER LOCATIONA5011A5012A5013RADON VENT STACK5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"A5014A5016A5015RADON VENT STACK5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"2.42.62.B2.A2.32.F2.GA50142.D2.1A5016A50152A601TRASHREC.TRASHREC.1A601A6201SimA6201Sim91'-4"RADON VENT STACK2.E2.56'-8"16'-0"6'-8"5'-8"6'-4"4'-0"3'-0"7'-8"5'-0"2.H6'-8"7'-0"5'-8"3'-4"6'-8"16'-0"3'-0"12'-8"Unit 2-3(Level 1)Unit 2-3(Level 1)3A6017'-0"5'-8"3'-4"13'-8"13'-8"2'-0"4'-0"6'-0"6'-4"6'-4"6'-0"4'-0"2'-0"13'-8"13'-8"2.C2.L2.J2.22.KLOCATION OF SPRINKLER STAND PIPE, RISER, AND FIRE PANEL. SEE SITE PLAN FOR TOWNHOME ORIENTATION3'-10"4'-2"45'-8"45'-8"91'-4"61'-0"6'-8"16'-0"38'-4"2.42.62.B2.A2.F2.G2.DA50162A6011A601A6202SimA6202Sim38'-4"8'-4"13'-8"7'-4"8'-4"8'-0"RADON VENT STACK2.E2.51/8" / 12"3A6012.CSLAB-ON-GRADE ABOVE -SEE STRUCT.2.KCONDENSER LOCATIONCONDENSER LOCATIONNOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated3/21/2019 5:47:10 PMC:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_swilliams.rvtTH1 / TH2(Duplexes)03/22/201918024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA31012620 72ND ST NSTILLWATER, MN 55082Structural:Ericksen Roed & Associates2550 University Ave W, Suite423-SSaint Paul, MN 55114Phone: 651.251.7570https://www.eraeng.com1107 HAZELTINE BLVD STE 200CHASKA, MN 553181/8" = 1'-0"4Level 1, TH11/8" = 1'-0"5Truss Brg, TH1Rev. No. Revision Date1/8" = 1'-0"1Truss Brg, TH21/8" = 1'-0"2Level 1, TH21/8" = 1'-0"6Level -1, TH2 DW3.63.63.53.53.13.13.73.73.33.33.M3.L3.G3.H3.B3.A3.43.4A5022A5023TRASHREC.TRASHREC.FLATSCREEN TV (N.I.C.)GAS F.P.A40011A6022A602112b111a110105111b111cLobby101Clubroom111Private Room112Fitness110Clo.105Clo.121RADON VENT STACKRADON VENT STACK6'-8"10'-0"6'-0"6'-8"15'-8"4"3'-0"7'-8"5'-0"3.F3.J13'-8"13'-8"2'-0"4'-0"6'-0"6'-4"6'-0"6'-6"23'-0"6'-6"6'-0"6'-4"6'-0"4'-0"2'-0"13'-8"13'-8"3.CUnit 2-2A4523.K3.23.2Stor.122104Mech./Jan.103Unisex104A400453.N3.P12'-0"10'-4"6'-4"8'-8"8'-4"4'-6"8'-0"25'-6"6'-6"3'-6"8'-4"8'-8"6'-4"10'-4"12'-0"6'-8"10'-0"6'-0"6'-8"15'-8"4"3'-0"7'-8"5'-0"Unit 2-4-Type A101111d102112a122103Fitness Access10227'-4"18'-4"48'-0"18'-4"27'-4"139'-4"6'-8"16'-0"38'-4"61'-0"12'-0"16'-8"17'-0"48'-0"17'-0"16'-8"12'-0"139'-4"A5022A5021A5023A40023RADON VENT STACKRADON VENT STACKA4004510" / 12"10" / 12"10" / 12"10" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated3/21/2019 5:47:12 PMC:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_swilliams.rvtTH3 (Triplexw-Clubhouse)03/22/201918024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA32012620 72ND ST NSTILLWATER, MN 55082Structural:Ericksen Roed & Associates2550 University Ave W, Suite423-SSaint Paul, MN 55114Phone: 651.251.7570https://www.eraeng.com1107 HAZELTINE BLVD STE 200CHASKA, MN 553181/8" = 1'-0"4Level 1, TH31/8" = 1'-0"5Truss Brg, TH3Rev. No. Revision Date 4.64.54.74.34.D4.F4.84.14.H4.K4.LA5032A5031A5033TRASHREC.RADON VENT STACKRADON VENT STACK6'-8"10'-0"6'-0"6'-8"5'-8"6'-4"4"3'-8"3'-0"7'-8"5'-0"4.J4.M6'-4"10'-4"2'-0"6'-8"8'-8"12'-4"4'-0"2'-0"13'-8"13'-8"4.24.44.G4.A4.B4.C4.N4.P4.Q4.S4.R4.U4.T4.E17'-1 3/8"16'-10 5/8"17'-0"16'-8"12'-0"12'-0"16'-8"17'-0"16'-10 5/8"17'-1 3/8"6'-4"12'-4"6'-8"8'-8"12'-4"4'-0"2'-0"13'-8"13'-8"5'-6"6'-6"6'-4"10'-4"8'-4"8'-8"LOCATION OF SPRINKLER STAND PIPE, RISER, AND FIRE PANEL. SEE SITE PLAN FOR TOWNHOME ORIENTATIONA5032A5031A5033RADON VENT STACKRADON VENT STACKRADON VENT STACK5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"5" / 12"NOT FORCONSTRUCTIONDateProject Number1301 American Blvd E.Suite 100Bloomington, MN 55425tel: (612) 879-6000fax: (612) 879-6666www.kaaswilson.comCopyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architectsAs indicated3/21/2019 5:47:14 PMC:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_swilliams.rvtTH4 (Quadplex)03/22/201918024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA33012620 72ND ST NSTILLWATER, MN 55082Structural:Ericksen Roed & Associates2550 University Ave W, Suite423-SSaint Paul, MN 55114Phone: 651.251.7570https://www.eraeng.com1107 HAZELTINE BLVD STE 200CHASKA, MN 553181/8" = 1'-0"4Level 1, TH41/8" = 1'-0"5Truss Brg, TH4Rev. No. Revision Date Level 1, TH1 100'-0" Truss Brg, TH1 109'-1 1/8" 1 A600 2 A600 4 A600 V U00 F F U00 V 7.5 7.37.3 7.4 7.2 7.3 7.4 4.3 7.4 Level 1, TH1 100'-0" Truss Brg, TH1 109'-1 1/8" 7.1 7.37.3 4.3 A B T 7.3 7.4 7.5 4.1 Rockface CMU 4.2 Stone Sill 4.3 Manufactured Stone Masonry Veneer 7.1 CFB Lap Siding, Color 1 7.2 CFB Lap Siding, Color 2 7.4 CFB Trim EXTERIOR MATERIALS KEY 7.3 CFB Panel Siding 7.5 Asphalt Shingle Level 1, TH1 100'-0" Truss Brg, TH1 109'-1 1/8" B 1 A600 2 A600 4 A600 B B B 7.1 7.3 7.4 5.17.57.3 7.47.4 Level 1, TH2 200'-0" Truss Brg, TH2 209'-1 1/8" 2 A601 3 A601 V U00 F F V 7.5 7.3 7.3 4.3 7.4 7.3 7.37.2 7.1 4.3 1 A601 A U27 B 7.5 7.5 7.3 4.3 7.3 7.3 7.1 Level 1, TH2 200'-0" Truss Brg, TH2 209'-1 1/8" Level -1, TH2 190'-8" 2 A601 3 A601 U00j W B B B B B W B U00j 7.5 7.3 7.47.3 7.17.47.4 EXTERIOR ELEVATION NOTES 1. SEE DETAIL MANUAL A830 FOR WINDOW HEAD, JAMB AND SILL DETAILS. 2. SEE DETAIL MANUAL A810, A811, A812 FOR EXTERIOR WALL DETAILS. 3. SEE DETAIL MANUAL A800 FOR EXTERIOR AND INTERIOR WALL TYPES. 4. ALL WINDOWS IN SIDING TO HAVE 4" TRIM SURROUNDS. 5. PROVIDE GUTTERS AT UNIT ENTRIES NOT FORCONSTRUCTIONDate Project Number 1301 American Blvd E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 fax: (612) 879-6666 www.kaaswilson.com Copyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architects As indicated3/21/2019 18:28:32C:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_bdosch.rvtTH1/TH2 - Exterior Elevations 03/22/2019 18024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA50112620 72ND ST NSTILLWATER, MN 55082Structural: Ericksen Roed & Associates 2550 University Ave W, Suite 423-S Saint Paul, MN 55114 Phone: 651.251.7570 https://www.eraeng.com 1107 HAZELTINE BLVD STE 200CHASKA, MN 553183/16" = 1'-0"1 Elevation TH 1-Front 3/16" = 1'-0"2 Elevation TH 1-Side 3/16" = 1'-0"3 Elevation TH 1-Back 3/16" = 1'-0"4 Elevation TH 2-Front 3/16" = 1'-0"5 Elevation TH 2-Side 3/16" = 1'-0"6 Elevation TH 2-Back Rev. No.RevisionDate Level 1, TH3 300'-0" Truss Brg, TH3 309'-1 1/8" 1 A602 2 A602 V U00 F G T P P P T U00k G F U00 V 7.5 7.3 7.3 4.3 7.4 7.3 7.4 7.3 7.27.2 7.3 Level 1, TH3 300'-0" Truss Brg, TH3 309'-1 1/8" A B 7.3 4.3 7.5 7.3 7.47.1 7.4 7.37.3 4.1 Rockface CMU 4.2 Stone Sill 4.3 Manufactured Stone Masonry Veneer 7.1 CFB Lap Siding, Color 1 7.2 CFB Lap Siding, Color 2 7.4 CFB Trim EXTERIOR MATERIALS KEY 7.3 CFB Panel Siding 7.5 Asphalt Shingle Level 1, TH3 300'-0" Truss Brg, TH3 309'-1 1/8" 1 A602 2 A602 BB B BST P P P U00k T T B 7.17.5 7.3 7.4 7.4 7.3 7.3 7.37.4 EXTERIOR ELEVATION NOTES 1. SEE DETAIL MANUAL A830 FOR WINDOW HEAD, JAMB AND SILL DETAILS. 2. SEE DETAIL MANUAL A810, A811, A812 FOR EXTERIOR WALL DETAILS. 3. SEE DETAIL MANUAL A800 FOR EXTERIOR AND INTERIOR WALL TYPES. 4. ALL WINDOWS IN SIDING TO HAVE 4" TRIM SURROUNDS. 5. PROVIDE GUTTERS AT UNIT ENTRIES NOT FORCONSTRUCTIONDate Project Number 1301 American Blvd E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 fax: (612) 879-6666 www.kaaswilson.com Copyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architects As indicated3/21/2019 18:28:43C:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_bdosch.rvtTH3 -Exterior Elevations 03/22/2019 18024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA50212620 72ND ST NSTILLWATER, MN 55082Structural: Ericksen Roed & Associates 2550 University Ave W, Suite 423-S Saint Paul, MN 55114 Phone: 651.251.7570 https://www.eraeng.com 1107 HAZELTINE BLVD STE 200CHASKA, MN 553183/16" = 1'-0"2 Elevation TH 3-Front 3/16" = 1'-0"1 Elevation TH 3-Side 3/16" = 1'-0"3 Elevation TH 3-Back Rev. No.RevisionDate Level 1, TH4 400'-0" Truss Brg, TH4 409'-1 1/8" F 2 A603 V U00 F U00 F U00 F U00 V 4.3 7.3 7.5 7.4 7.2 7.3 7.4 4.37.37.37.4 7.1 7.3 B A P-19 7.3 4.3 7.57.5 7.4 7.3 7.3 7.3 7.3 7.4 Level 1, TH4 400'-0" Truss Brg, TH4 409'-1 1/8" 2 A603 U20 B BBB U20 B B 7.5 7.1 7.3 7.4 7.3 7.4 7.47.17.37.47.1 4.1 Rockface CMU 4.2 Stone Sill 4.3 Manufactured Stone Masonry Veneer 7.1 CFB Lap Siding, Color 1 7.2 CFB Lap Siding, Color 2 7.4 CFB Trim EXTERIOR MATERIALS KEY 7.3 CFB Panel Siding 7.5 Asphalt Shingle EXTERIOR ELEVATION NOTES 1. SEE DETAIL MANUAL A830 FOR WINDOW HEAD, JAMB AND SILL DETAILS. 2. SEE DETAIL MANUAL A810, A811, A812 FOR EXTERIOR WALL DETAILS. 3. SEE DETAIL MANUAL A800 FOR EXTERIOR AND INTERIOR WALL TYPES. 4. ALL WINDOWS IN SIDING TO HAVE 4" TRIM SURROUNDS. 5. PROVIDE GUTTERS AT UNIT ENTRIES NOT FORCONSTRUCTIONDate Project Number 1301 American Blvd E. Suite 100 Bloomington, MN 55425 tel: (612) 879-6000 fax: (612) 879-6666 www.kaaswilson.com Copyright Kaas Wilson ArchitectsOwner:Project:kaas wilson architects As indicated3/21/2019 18:28:53C:\Revit Local\18024-JBG-Stillwater IL Cottages -v5_bdosch.rvtTH4 -Exterior Elevations 03/22/2019 18024Birch Landing (The Lakes atStillwater, Phase 2)LODGE AT STILLWATER LLCA50312620 72ND ST NSTILLWATER, MN 55082Structural: Ericksen Roed & Associates 2550 University Ave W, Suite 423-S Saint Paul, MN 55114 Phone: 651.251.7570 https://www.eraeng.com 1107 HAZELTINE BLVD STE 200CHASKA, MN 553183/16" = 1'-0"2 Elevation TH 4-Front 3/16" = 1'-0"1 Elevation TH 4-Side 3/16" = 1'-0"3 Elevation TH 4-Back Rev. No.RevisionDate RESOLUTION NO. 2017-094 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING REVISED CONCEPT PLANNED UNIT DEVELOPMENT, FINAL PLANNED UNIT DEVELOPMENT FOR PHASES 1-3, PRELIMINARY PLAT FOR THE LAKES AT STILLWATER, SPECIAL USE PERMIT FOR A SENIOR LIVING FACILITY, AND THE CAMPUS SIGNAGE PLAN FOR THE LAKES AT STILLWATER CASE NO. 2017-08 WHEREAS, Landform Professional Services, representing both Intergenerational Living and Health Care of Stillwater LLC and The Goodman Group LLC, has submitted an application for approval of- 1)1) Revised Concept Planned Unit Development for: a 245 unit senior living campus, and a church expansion; and 2) Final Planned Unit Development for Phase 1, Phase 2, and Phase 3; and 3) Preliminary Plat for Lakes at Stillwater: 16 lots and 3 outlots; and 4) Final Plat for Lakes at Stillwater: 7 lots and 5 outlots; and 5) Vacation of a Drainage and Utility Easement; and 6) Special Use Permit for Senior Living Facility in the LR Zoning District; and 7) Signage plan for the Planned Unit Development campus; and WHEREAS, the property subject to the terms of this Resolution are shown in Exhibit A; and WHEREAS, on April 24, 2016 the City Council held a public hearing on the initial Concept Planned Unit Developed and approved it with several conditions; and WHEREAS, on May 10, 2017 the Planning Commission held a public hearing on the revised Concept Planned Unit Development and associated requests and upon hearing testimony from the public unanimously approved with conditions; and WHEREAS, on May 16, 2017 the City Council held a public hearing on the requests and found them to be compatible with the neighborhood and consistent with the Page 2 of 6 City's Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and infrastructure. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby approves the requests for The Lakes at Stillwater with the following conditions: 1. The site shall be developed in substantial conformance with the plans on file with the Community Development Department,including those below,except as may be modified by the conditions herein: Preliminary Plat C1.2 3/17/17 Open/Developed Areas 4/10/17 Tree Preservation Plan C1.4 3/17/17 Site Plan C2.14/5/17 Grading, Drainage, Paving, Erosion Control C3.1 3/17/17 Utilities C4.13/17/17 Street profile C6.13/17/17 Landscape Plan L2.13/17/17 Trees & Seeding Plan L2.2 3/17/17 Lower Level Plans A3.0 4/5/17 15tFloor Plans A3.14/5/17 2nd Floor Plans A3.2 4/5/17 3rd Floor Plans A3.3 4/5/17 Exterior Building Elevations A5.0 4/5/17 Street Lighting &Photometrics E1.13/17/17 Master Sign Plan 4/28/17 Phasing Plan 3/17/17 Final Plat 3/24/17 Master Trail Plan 5/1/17 2. All civil engineering plans must be found satisfactory to the City Engineer, or revised to his satisfaction prior to release of the Final Plat for filing with Washington County. a. The emergency overflow from the pond north on 72nd Street must not flow across 72nd Street. It should be redirected eastward to the drainage ditch. b. A drainage easement shall be dedicated on the final plat for all common drainage areas. i.e. backyard drainage on the west end of the property (town homes). c. The utilities (water and sewer) east of the cul-de-sac serve more than one property. Therefore, these utilities must either be located within a public right-of-way or declared to be private. d. No direct runoff from the site may drain to Jackson Pond. e. The storm sewer from I.B.4 must be extended to the creek. Page 3 of 6 f. Trails on the site should not connect to the 72nd Street right-of-way until a public trail is constructed along 72nd Street. Construction responsibilities for the trail along 72nd Street must be identified in the Development Agreement. g. All electrical and communications utility lines shall be buried. This must be specified in the plans submitted for final plat approval. 3. All pedestrian ramps must be constructed according to current ADA guidelines. 4. All public utilities that are located on privately owned property will need to be encumbered by drainage and utility easements. 5. Development impact fees for each phase must be paid to the City prior to release of the Final Plat for that phase of development. This includes fees for parks, trails, transportation adequacy, trout stream mitigation, trunk sewer and trunk water. 6. Stormwater and grading plans must be approved by the Brown's Creek Watershed District, and permit issued prior to release of the Final Plat for each phase. 7. The boundaries of the wetland and pond buffers must have identification signage installed according to Brown's Creek Watershed District rules. Provisions for installing this signage must be included in the Development Agreement, prior to approval of the Development Agreement by the City Council. 8. Since there is no Concept PUD sunset clause for the Meisterling and Grace Baptist Church properties, these properties will need to develop according to City standards and Best Management Practices in place when these properties develop. However, regardless of the City development standards in place then, the planned church addition can be developed according to the foot print and location included in this Concept PUD, and six senior living units can be built in addition to the existing home on the Meisterling property. 9. Future development of the six senior living units (three twin-home buildings) on the Meisterling property (Lot 12) will not be allowed to lengthen the cul-de-sac that accesses County Road 12. One of the two unit buildings could front on the cul-de-sac, but the other units would have to have access directly to 72nd Street with a new cul-de-sac. The other option would be to extend the cul-de-sac that The Goodman Group will be building all the way to 72nd Street. However, it is recognized that today this option is unpopular with neighbors. 10. The six senior living units on the Meisterling property,Lot 12,will have to be relocated. This will have to be shown on the Final PUD application for the Meisterling property whenever it is submitted. This relocation will need to accommodate the DNR condition that no buildings be constructed in Tier 1 of the Long Lake Shoreland Overlay District. 11. The parking lot on Preliminary Plat Lot 2 that is going to be shared with Grace Baptist Church will require a cross access easement and agreement. The easement and agreement must be reviewed and approved by the City Attorney, then filed together with the first plat at Washington County. Page 4 of 6 12. Only two mooring spaces will be permitted on Long Lake; one for The Lakes at Stillwater campus and one for the Meisterling portion of the PUD. 13. A conservation easement, or similar instrument, will be required over Outlots B and C as well as over the wetland buffer areas found on Preliminary Plat Lots 1, 3, 9 and 11. These easements will be required to be approved by the City Attorney and either executed or placed on the final plat itself before the city releases the final plat for filing with Washington County. 14. Blanket drainage and utility easements will be required over all waterbodies, and the Long Lake outlet structure and pipe. These easements will be required to be approved by the City Attorney and either executed or placed on the final plat itself before the city releases the final plat for filing with Washington County. 15. When sign permits are requested for each of the signs shown in the Master Sign Plan, detailed location maps must be submitted with application materials, and all required setbacks from property lines and public right-of-ways will need to be maintained. 16. Materials storage areas and worker parking areas need to be designated away from tree canopies and protected area boundaries. The City Forester recommends that a layer of wood chips (or other suitable materials found acceptable to the City Engineer) be spread in these areas to help absorb the compressing force of the vehicles on the soil's porosity and reduce mud. 17. When trees are removed, industry Best Management Practices are to be followed. Equipment shall not enter into the protected shoreline zone or wetland buffers for tree removal; nor shall any soil thereof be disturbed during tree removing operations. 18. Some or all of the maples included in the tree and seeding plan should be replaced with another species. The replacement species must be approved by the City Forester and included in a revised landscaping plan prior to release of the plat for the first addition. 19. The landscaping plan must be revised by adding 37 more code compliant trees within Phases 1 to 3 of the PUD. This change must be made to the plans prior to release of the plat for the first addition. In addition, for the future development of the Meisterling and Grace Baptist Church properties, three landscaping trees must be added to their plans for each of their lots. 20. The landscaping plan must be revised by relocating some of the evergreen trees to augment the winter screening capability of landscaping along the County Road 12 corridor. This change must be made to the plans prior to release of the plat for the first addition. 21. A trail easement will likely be necessary along the north side of 72nd. The location and width of the easement is to be approved by the City Engineer and Park Commission prior release of the first addition final plat. In addition, the easement document shall be reviewed and approved by the City Attorney prior to release of the plat for filing with Washington County. Page 5 of 6 22. The developer will construct the public trail both on the campus of The Lakes of Stillwater and along the north side of 72nd Street from the point where the public trail on the campus meets 72nd Street eastward to the sidewalk at the intersection of Interlachen Drive and Northland Avenue. The cost of the trail construction on 72nd Street will be credited against the park and trail fees that are associated with the Senior Living Campus. 23. The park and trail dedication fees will be due prior to release of final plats for filing with Washington County. 24.Public and private recreational improvements are being reviewed by the Park Commission again on May 22, 2017. If any additional conditions of approval are generated by the Park Commission, those conditions will need to be included in the Development Agreement. 25. A plan for the exterior building lights must be submitted and found satisfactory by the City prior to approval of the project by the City Council. 26. More details concerning the exterior mechanical equipment is necessary in order to determine the views and noise levels at perimeter property lines. This information should be submitted prior to City Council approval of the project. 27. A Development Agreement found satisfactory to the City Attorney and City Engineer must be fully executed prior to release of the Final Plat for the first addition. 28. The owner of the The Lakes at Stillwater will enter into a Payment In Lieu of Taxes Agreement found acceptable to the owner and the City Council. The agreement must be signed prior to release of the final plat for the first addition. Enacted by the City Council of the City of Stillwater, Minnesota this 16th day of May, 2017. CITY OF STILLWATER Ted ozlowski, yor • ATTEST: Diane F. Ward, City Clerk Page 6 of 6 Exhibit A Subject Property 766912377 76D9 7639 7640 7620 12630 12490 iaii/ipii i a/ai i/miiiimoir/nrm/mi'my i 12626 2721 NITSII' I j ND t 105 o U 12620 sU 25 6+ 17f1 t F L t 135EADS 12590 1 32'0 `b' L.II`R 1514517535 g+ 12470 4951a9f u IN, i mayopiiiooraioiiiiiiiiiiii/lUr 2883 v 234 i 71e1 2so6 zoo /2aa p 719026762675 1.2525 22D 219 2667 2E 7157 7156 228 p IT, 53 UAIUIUfWHIJ S , w e e HER' SEE zEN c N 00°15'23" W173.32L = 2 3 4.8 2 R = 1 5 0.0 0 Δ = 8 9 °41'4 2" 65.02 S 89°57'06" E L =31.06R=57.00Δ=3 1°13'1 5 "133.25N 00°02'54" ES 89°49'08" E 99.12N 24 °50 '44" W48.82180.14S 01°23'19" W94.80N 25°46'27" EN 3 5 ° 1 7 ' 3 1 " W 1 1 3 . 7 4 L=239.83R=250.00Δ=54°57'52"199.62 S 89°43'46" W 89.66N 32°17'58" EL=180.44R=210.00Δ=49°13'52"173.32N 00°15'23" WL=192.07R=310.00Δ=35°29'58"S 68 ° 5 5 ' 3 7 " E 249. 7 3 S 00°15'23" E678.84DRAINAG E & U T I L I T Y EA S EM EN T A S P ER TH E P LA T O F LA K E S A T S T I L LWA T ER DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER D R A I N A G E & U T I L I T Y E A S EM E N T A S P E R T H E P L A T O F L A K E S A T S T I L LW A T E R 10' D R A I N A G E & U T I L I T Y E A S E M E N T A S PER T H E P L A T O F L A K E S A T S T I L L W A T E R 30'15'15'30' DRAINAGE & UTILITY EASEMENT AS PER THE PLAT OF LAKES AT STILLWATER 36.9173.56 1 2 3 4 1 2 3 4B L O C K 1B L O C K 2DRAINAGE & UTILITY EASEMENTDRAINAGE & UTILITY EASEMENTL=107.54Δ=19°52'31"L=84.54Δ=15°37'28"147.22212.41112.0084.4931.3991.32105.04 94.58 84.5488.79N 89°44'37" E 175.00 N 89°44'37" E 176.80 S 78°06' 3 1 " E 1 9 0 . 7 3 N 89°44'37" E 128.78 N 89°44'37" E 125.00 N 18°05'53" E 125.0019.65153.68131. 9 3 117. 8 0 129.35 61.37 115.0060.00 60' 60'L=27.54Δ=7°30'51"L=152.90Δ=41°43'00" L=43.91Δ=16°46'19" L =1 9 0 . 9 1Δ=72 ° 5 5 ' 2 4 "L=26.43Δ=6°03'29"L=213.39Δ=48°54'23"10' 15' 15' 20' D R A I N A G E & U T I L I T Y E A S E M E N TS 22°43'06" W 127.40S 00°15'23" E 375.42N 19°52 '35" W46.55 17.22 79.13 S 73°0 9 ' 2 8 " E 9 6 . 3 5 S 26 °25 '44" E 88 .41 N 89°43'46" E 78.1177.43 74.16 S 6 3 ° 1 1 ' 5 6 " E 82. 3 7 OFFICIAL PLAT COPY LAKES AT STILLWATER NO. 2 H:\GOODM_PR\M15118084\CAD\C3D\118084_V_FINAL_PLAT.dwg 3/22/2019 2:32 PM THIS PLAT PREPARED BY BOLTON & MENK, INC. R SCALE IN FEET 0 50 100 Bearings are based off the Washington County Coordinate System, NAD83, 1986 Adjustment LEGEND 3/4" IRON PIPE MONUMENT SET MARKED BY LIC. NO. 46564 MONUMENT FOUND LOT LINES RIGHT-OF-WAY LINE LINES EASEMENT & UTILITY BEING 5 FEET IN WIDTH AND ADJOINING LOT LINES AND BEING 10 FEET IN WIDTH AND ADJOINING RIGHT-OF-WAY LINES, UNLESS OTHERWISE INDICATED ON THE PLAT. 5 510 DRAINAGE DRAINAGE & UTILITY EASEMENTS ARE SHOWN THUS: PLANNING COMMISSION MEETING DATE: April 24, 2019 CASE NO.: 2019-13 APPLICANT: Jana Teschler, property owner REQUEST: Conditional Use Permit for a Type C Short Term Home Rental to be located at 1200 Nightingale Blvd. ZONING: AP, Agricultural Preservation COMP PLAN: VLDR, Very Low Density Res. REPORT BY: Graham Tait, Zoning Administrator REQUEST Jana Teschler owns a single family residence located at 1200 Nightingale Boulevard and have submitted necessary applications to operate a Type C Short Tem Home Rental (STHR) at this property. A Type C STHR is a dwelling unit, offered to transient guests for a period of less than 30 consecutive days, which does not serve as the owners’ primary residence. These types of STHR properties are typically investment properties and could either be operated by the owner or a manager. APPLICABLE REGULATIONS AND STANDARDS A Type C STHR license can be issued for a property in Stillwater if: 1) A Conditional Use Permit (CUP) has been approved by the Planning Commission; and 2) The CUP has not lapsed (in those instances where a license renewal is being requested, or a new owner wishes to operate the STHR); and Figure 1: May, 2018 Aerial Photo (WA County) CPC Case No. 2019-13 1200 Nightingale Blvd STHR CUP April 24, 2019 3) The STHR conforms to the standards set forth in City Code Section 31-514.1, Short-term Home Rental Regulations; and 4) The total number of STHR licenses does not exceed the allowed limit. The purpose of conditionally permitted uses is to allow the integration of essential or desirable uses which may be suitable only in certain zoning districts. In approving Conditional Use Permits, it must be determined by the Planning Commission that:  The proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations;  Any additional conditions necessary for the public interest have been imposed; and  The use will not constitute a nuisance or be detrimental to the public welfare of the community. The Planning Commission’s role in the STHR licensing process is to review for conformance with the established standards and either approve or deny the CUP request. The applicable review standards found in City Code Section 31-514.1 include: Zoning Type C Short Term Home Rentals are allowed by CUP in all Residential Zoning Districts. The subject property is zoned AP – Agricultural Preservation, which allows STHRs by CUP. Performance Standards Parking: In residential zoning districts, guest parking must be accommodated on improved surfaces on the premises. The use requires a minimum of three off-street parking spaces. The owners have indicated guests may use all four of the parking spaces in the driveway. Number of guests: The maximum number of guests allowed is limited to two times the number of bedrooms plus one. Limiting the number of guests allowed on a property is important for a number of reasons. They include safety of guests, preventing parking problems, and discouraging a property from potentially becoming a nuisance in residential neighborhoods rather than commercial neighborhoods. The property has four bedrooms. Given this, the maximum number of overnight guests in this one bedroom residence will be nine. Proximity of assistance: The STHR ordinance requires a manager/representative be located within 30 minutes travel time of the property. The property will be managed by the applicant and owner, Jana Teschler. The applicant will be staying with family during the times the home is rented, at 840 Eagle Ridge Trail, Stillwater, MN, which is 2.4 miles (6 minutes) away. Figure 2: August, 2013 Street View (Google Images) CPC Case No. 2019-13 1200 Nightingale Blvd STHR CUP April 24, 2019 Signage: No signage is allowed on STHR properties. Events: Events are not allowed to be hosted by guests on the premises. For purposes of the STHR Ordinance, an event means a gathering of more than three un-registered guests. The guest disclosure information (see attachment) clearly states this provision. Proof of Insurance Proof of appropriate and sufficient insurance was submitted with the CUP application form. Safety Inspection The safety inspection for this property was conducted in March, 2019. One deficiency was identified but, the following day in March, 2019, it was rectified and the safety inspection was approved. Total Number of STHR Conditional Use Permits Fifteen Type C Conditional Use Permits may be issued at any one time. To date, fourteen Type C licenses have been issued. PUBLIC COMMENT One public comment has been submitted:  1180 Nightingale Boulevard: Have no issues with the proposed STHR. Ordinance 1093 specifically requires a STHR’s guests to abide by the City’s nuisance ordinances, which must be included in all guest disclosures. The property owner is aware that three substantiated complaints against the property will result in the loss of STHR license for six months. To keep the line of communication open between neighbors and the STHR owner/manager, the ordinance requires current contact information to be distributed to neighbors and sets up a violation schedule; the City will distribute this information once all requirements of a Conditional Use Permit and the License has been met. ALTERNATIVES A. Approval. If the Planning Commission finds the Type C STHR proposal is consistent with the provisions of the CUP process and City Code Section 31-514.1, the Commission could move to approve the CUP with or without conditions. At a minimum, staff would recommend the following conditions of approval: 1. Parking – All guest parking must occur on the subject property. No parking may occur on the street. 2. Number of guests – The total occupancy of the property shall be limited to nine. 3. Proximity of assistance a. The property owner or a manager/representative must be located within 30 minutes travel time of the property. b. The community development department must be notified within 10 days of a change in the contact information of the owner or manager/representative. The property owner must also notify neighboring properties within 10 days of a change in the contact information of the owner or manager/representative. CPC Case No. 2019-13 1200 Nightingale Blvd STHR CUP April 24, 2019 4. Garbage - As required by City Code, all garbage must be kept in rubbish containers that are stored out of view of a public street. 5. Signage – No signage identifying the Short Term Home Rental is allowed on the property. Events - Events are not allowed to be hosted by guests on the premises. For purposes of Short Term Home Rentals, an event means a gathering on the premises of more than three un-registered guests. 6. Length of guest stay – The property is not permitted to be rented for a period of less than one whole day. 7. Guest records - The owner must keep guest records including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours’ notice. 8. Guest disclosures a. Prior to the issuance of the Conditional Use Permit, the following shall be added to the Guest Disclosure: i. The owner must disclose in writing to their guests the following rules and regulations prior to arrival. In addition, the disclosures must be conspicuously displayed in the home. ii. The name, phone number and address of the owner, operating or managing agent/representative. iii. The maximum number of overnight guests at the property at a time is limited to nine. iv. The maximum number of vehicles at the property is limited to four. No on-street parking is allowed for guests. v. Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities. vi. City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. vii. No events with more than three unregistered guests are permitted. 9. License number - The owner must post their city license number on all print, poster or web advertisements, in addition to posting it on the booking agent’s website. 10. Lodging tax - The owner, or booking agent on their behalf, is required to pay the city lodging tax quarterly. If no sales are made during a quarter, a report must none-the-less be submitted to the city stating that no sales were made or lodging tax collected during that quarter. 11. Conditional Use Permit Expiration - The Conditional Use Permit will expire if the property is not operated as a Short Term Home Rental for a period of twelve consecutive months. 12. Issuance of Conditional Use Permit – Prior to issuance of the Conditional Use Permit or the license, the safety inspection and any corrections must be approved by City inspectors. 13. Table. If the Planning Commission finds the request to have incomplete information, the case could be tabled. 14. Denial. If the Planning Commission finds the request to be inconsistent with the provisions set forth for Conditional Use Permits or City Code Section 31-514.1, it could be denied. With a denial, the basis of the action should be given. CPC Case No. 2019-13 1200 Nightingale Blvd STHR CUP April 24, 2019 FINDINGS AND RECOMMENDATION Staff finds that with certain conditions, the proposed use can conform to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans, other lawful regulations, and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends conditional approval of a Conditional Use Permit for a Type C Short Term Home Rental to be located at 1200 Nightingale Blvd. ATTACHMENTS Site Location Map Site Plan Floor Plans (three pages) Guest Disclosure (three pages) Public Comment BREWERS LONG LAKECOURTNIGHTINGALE NORTH STREET 62ND NIGHTINGALENIGHTINGALE BOULEVARDBLVD1166 1180 1200 1133 1165 1220 12610 12680 2854 3033 12525 2842 1260112563 2806 2823 12730 12677 2830 2866 2811 3041 3160 2835 2885 2873 2818 28782890 12750 1279012770 12727 11111110 1116 1117 11251124 2893 2895 3025 11031102 µ 0 320 640160Feet General Site Location Site Location 1200 Nightingale Blvd ^ Te xt 1 Jenn Sundberg From:SUSAN WHALEN <whalen.susan@comcast.net> Sent:Wednesday, April 17, 2019 10:30 AM To:Jenn Sundberg Subject:Case # CPC/2019-13 To the City of Stillwater, We won't be at the meeting on April 24th, 2019, but are aware of the rental request by the Teschler's and are OK with it. They (Teschler's) came over to explain it to us and it appears they've done appropriate planning for little/no disruption to the neighborhood. They offered to leave contact info. if there are any problems. Sincerely, Dan and Susan Whalen 1180 Nightingale Blvd. Sent from Xfinity Connect Application April 23, 2019 Stillwater Planning Commission 216 4th Street North Stillwater, Mn 55082 Dear Commission Members; We recently received a letter alerting us that our neighbor's to the north (JD and Jana Teschler) have applied for a Conditional Use Permit to allow them to operate their property as a VRBO. We are strongly against this request and urge the Commission members to vote "NO". Our reasoning is as follows; *We live in a quiet neighborhood on a quiet street in Croixwood. There are no sidewalks on Nightingale, but people walk, run, dog walk, etc. Cars that pass are respectful of this and drive slowly and carefully. Increased traffic from strangers in the area put everyone at risk. *We have precedence in our neighborhood of a rental property gone wrong (1166 Nightingale Blvd). *Some studies show a decrease in property values of homes next to VRBO and AirBNB rentals. *Many VRBO's turn into the "party house next door". Especially those with pools, decks and rec rooms - like the one at 1200 Nightingale Blvd. After all - the renters are there on vacation and have no investment in the neighborhood the home is located in. *Anxiety for the surrounding neighbors over who the new renters are moving into the VRBO every week (or two) that the property turns over. *We didn't move into this neighborhood 8 years ago to live next door to a motel and we would also ask, "Where does it end?" Do all our other neighbors get to open up rental properties as well? We would like to be present during the public hearing regarding this matter, but are unable to attend due to a previous commitment that cannot be rescheduled. In conclusion, we ask the Commissioner members to think long and hard about how they would feel if this request was being made in their neighborhood or worse yet - as is our situation - right next door. There is no upside living next to transient housing. Respectfully submitted, John and Barbara Chase 1220 Nightingale Blvd. Stillwater, MN 55082 Encl 3 4/15/2C 19 New Worry for Home Buyers: A Party House Next Door - The New York Times Xbe Xtiv York i9inteo YOUR MONEY New Worry for Horne .buyers: A Party House Next Door By Ron Lieber Oct. 9, 2015 AUSTIN, TEX. — The houses are often among the nicest on the block, or at least the biggest. They may be new construction where a smaller structure once stood, or an extensively renovated home with cheery paint in shades of yellow or blue. But then the telltale signs appear, including an electronic touch pad on the door that makes it easy for people to get in without a key. The ads on HomeAway or Airbnb eventually confirm it: A party house has come to the neighborhood. Some neighbors have warmed in recent years to travelers dragging suitcases through their residential neighborhoods, and they are happy that the visitors spread their money around. But when profit -seeking entrepreneurs furnish homes they do not live in to make them attractive to big groups and then rent out those houses as much as possible, parties and noise are nearly inevitable. And so it goes here in Austin, where a group of enraged and occasionally sleepless residents have taken their complaints to the city. Austin made rules in 2012 that were meant to keep short-term rentals under control, but the neighbors argue that many of the rules are unenforceable. This week, I rented one of the most notorious party houses in Austin and invited some of the neighbors over for a chat to ask a few questions. Where do the rights of property owners to rent out their homes end, and where do those of quiet -loving neighbors begin? Do all home shoppers now need to be on the lookout for nearby problem properties? And if so, what might happen to home values when revelers can bunk up next door on any given night? These are not new questions. In resort areas in particular, people have been renting out investment properties for ages. What's new is how easy it has become for people to make money by listing rooms or homes and for visitors to save money by staying there. This is particularly true in good-time destinations like Austin, Nashville, New Orleans and other bigger cities. https://www.nytimes.com/2015/10/10/your-money/new-worry-for-home-buyers-a-party-house-next-doorhtml 1/6 4/15/2019 New Worry for Home Buyers: A Party House Next Door - The New York Times Each of the three bedrooms in the home includes at least one bunkbed and could sleep several adults. Ilana Panich-Linsman for The New York Times When Austin tried to bring some order to the proceedings three years ago, it limited the number of unrelated people who could stay in one place at one time to six. (It also capped the number of certain listings in many neighborhoods, albeit with a loophole that has allowed many unregistered properties to hit the market.) Nevertheless, listings began appearing all over the city advertising beds for 10 or 15 people, or more. Austin has become a popular bachelor party destination, and the website Thrillist described one Airbnb listing as "the perfect place to bed down for a bonkers bachelor party, as it's a short bike ride from downtown, just the right blend of weird & huge, and not at all unaccustomed to rowdy entertainment:' Emmy Jodoin lives next door to that house with her family. "It is loud, and there is live music and karaoke stuff, and it's all done outside because of the pool," she said. "They're out in front at 4 in the afternoon waiting for their Uber to come, drunk on the front lawn:' Homeowners had other complaints about guests, including trash bins overflowing with beer cans, public urination, catcalling, foul language, racist remarks, companies throwing events and the appearance of a rainbow -colored painted pony. "Sometimes, when they are outside, they're playing beer pong just wearing their underwear," said Hazel Oldt, age 11, who can see them next door from the third -floor rooftop garden of her house. https:/hvww.nyf mes.com/2015/10/10/your-money/newavorry-for-home-buyers-a-party-house-next-door.htW 216 4/15/209 New Worry for Home Buyers: A Party House Next Door - The New York Times Many of the complaints result when there are well over six people staying at these houses. So how do owners get away with renting to more people than city rules allow? "Determining how many are occupying versus just visiting is almost impossible," Carl Smart, who is the director of Austin's code department, said, chuckling as he did so. What was so funny? Had some of the guests been coached to say that they were related? "I think so," he. said. "There is no way for us to disprove or to prove it. We could ask them to, but they don't have to, so we have to take their word for it:' KVUE, a local television station, tagged along with code enforcement officers who heard from guests at one house that there were triplets inside and that someone else was related to a fifth guest by marriage. The neighbors would prefer that the city simply cap guests at six people — or, better yet, stop allowing what they describe as rogue hotels to operate in residential neighborhoods. (They have no problem with people renting out their entire homes occasionally or renting rooms more frequently, while the owners themselves are in residence.) The home, which has strict rules against parties, includes a game foyer on the second - floor landing. Ilana Panich-Linsman for The New York Times At HomeAway, which is based in Austin and also owns Vrbo.com, executives did not want a ban and said that renting out one's home on a short-term basis was a fundamental right. Nor do they think that it is a commercial activity. "It's a residential use of the property," said Matt Curtis, who runs its governmental relations efforts. "It's no more a business than someone renting it out long- term would be a business:' https://www.nytimes.com/2015/10/10/your-money/new-worry-for-home-buyers-a-party-house-next-door html 3/6 4/15/2019 New Worry for Home Buyers: A Party House Next Door - The New York Times Even if no one, in this instance, is doing any actual residing? HomeAway's contention is that the visitors coming for the weekend are the residents in this context. Mr. Curtis questioned how widespread the problem was. Airbnb provided some statistics about its customers, noting that from Oct.1, 2014, to Oct.1 this year, 87 percent of trips to Austin involved four or fewer people and 97 percent involved eight or fewer. The average age of Airbnb guests in Austin is 36. According to the research company Airdna, of the 1,414 Airbnb listings in Austin as of Aug. 31 with three or more bedrooms, 33 offer lodging for four or more people per bedroom while 618 sleep over two per bedroom. Airbnb offers a hotline for neighbors having problems with hosts anywhere it operates and is building tools that will try to recognize parties before they happen, say when someone books a large house and that listing is immediately viewed by many other site visitors. Since October 2012, Austin has received 266 complaints about the type of registered properties where the homeowner is generally not present. Twenty percent of the properties have at least one complaint, with an average of 2.4 complaints among those. Seventeen percent of the complaints were about over -occupancy. The house where I stayed has received 15 complaints, and the city has suspended its license once. The walls have "Dumb and Dumber" and "Anchorman" movie posters, and the three bedrooms are full of bunk beds and futons. "Our neighbors understand that your group is here to have a good time," the listing says. But not too good a time. Each door to the outside has a framed copy of Austin's noise ordinance nearby, and Jason Martin, a limited partner with partial ownership in the property, sends an extensive list of house rules to guests urging them not to disturb the neighbors. "It is extremely professionally run," he said. "Any word of a bachelor party or fraternities is an immediate no-go." hltps:/Iwww.nylimes,com/2015110/ 101your-money!new- worry -for-home-buyers-a-party-house-next-door.btml 4/6 4/ 15/te 19 New Worry for Home Buyers: A Party House Next Door - The New York Times Austin residents gathered recently to discuss the impact of short-term rentals on their neighborhoods and properties. Ilana Panich-Linsman for The New York Times In fact, house parties and "organized social events" are not allowed on the premises, a rule I thought I was not breaking when I invited the neighbors over. There's another rule noting that "all persons entering the premises are counted as chargeable guests:' I should have reread the rules and reviewed my original communications with Mr. Martin once I decided to hold the gathering in the days after I made the booking. Those visitors were especially concerned about their property values. For many of them, their homes are their largest asset. Jessie Neufeld, who bought her home right before the local rules changed in 2012 and now has a 2-year-old child, put it most bluntly. "We did not buy our house to be living next to a hotel," she said. "Would you buy a home if you knew a hotel like this was operating next door, if you wanted to set your life up and raise a family?" I put the question to two real estate professionals whose names I saw on for -sale signs for homes that were next to or close to some of the party houses. Were the properties going to sell for less because of the problem properties nearby, and did they have a duty to disclose these houses to any and all buyers? Katie Brigmon of Dash Realty did not want to answer many questions about her listing, a house that is very close to one problem property, and my call to her quickly went dead. Jeff Grant from Saddle Realty said that he wasn't aware of the short-term rental several homes down from the house he's trying to sell on Hidalgo Street. "But my philosophy has always been disclose, disclose, disclose," he said. "I don't think it affects property value in the least." It probably won't if the buyer simply wants to rent out the home every weekend. But every other home buyer ought to be searching Airbnb, HomeAway and similar sites for listings that are close to a home that they're considering buying. Ms. Neufeld said she resented the fact that people making a living from renting out homes for the weekend have put her own home's value at risk. "They are leveraging our neighborhood for their profit, telling people to come stay in this beautiful place where you would like to pretend that you live," she said. "And they are making people miserable." Twitter: @ronlieber Make the most ofyour money. Every Monday get articles about retirement, saving for college, investing, new online financial services and much more. Sign up for the Your Money newsletter here. Iatpsl1www.nyti mesxonr12015110110/your-woncylnew-worry-Far-home-buyers-a-party-House-next- door hIm1 5/6 4/15/1019 Airbnb Is Crashing the Neighborhood I Realtor Magazine These websites claim that home owners should have the right to do whatever they want with their property — but that's a fallacy. When someone has purchased in a single-family or multifamily zone, they have accepted the rules of that zoning. They do not have the right to turn their home into a motel (transient zoning), a restaurant, or a factory to the detriment of everyone else in that zone. httpsa/magazine.realtorinews-and-commentary/commentarylarticiel2O] 5t] 2lairbnb-crashing-neighborhood 1/ I 4/18/2019 West Seattle Blog... I Topic: RANT: Living Next to a VRBO RANT: Living Next to a VRBO ' `_ t[ ` ' `' > RANT: Living Next to a VRBO This topic contains 0 voices and has 26 replies. Viewing 25 posts - 1 through 25 (of 27 total) 1:- Author Posts -'f__.�'iS ,..i g5,{7�.. "t'. i. aia_ ,i eS,I -ail µ{,tiC,nat_.z ,tfa IF I know people really like VRBOs (vacation -rental -by -owner); they're away to make quick extra income, a fun way to see a city etc. I hate them. Why? They are hell on the neighbors. The renters party. They love the deck. Oh lordy, do they like to entertain. They're an vacation, after all. This week, we've got the woman who will not shut up. She talked up a storm for TEN hours on that deck yesterday! Today, she only opined for seven hours. Before that, we had the family that played loud, bad music outside late at night. We have the tipplers; lots of those! We have the illegal parkers (they don't care; they're on vacation. Besides, it's a rental car; so what if someone hits it because it's in a place it shouldn't be). We have the family reunions, one after the next. It's like living in a social hall. Do the owners care? Do they respond to neighbors' concerns? No. They don't think there's a problem; they're renting to Nice People. Of course, they're not around to experience it, because they've rented the place out. Are they legal? Maybe. The jury's still out on that. So when you think about how easy and fun it would be to rent your place out, please consider your neighbors. They will not be enjoying it. https://westseattleblog.com/forums-2/topic/rant-living-next-to-a-vrbo/ 1 /1 4/18/201 Airbnb a boon for owners, headache for neighbors I Local I azdailysun.com https:llazdailysun.com/news/local/airbnb-a-boon-for-owners-headache-for-neighbors/article_labdofbb-83ee- 54d6-96c3-cd 753349094f.htm I FEAT RRE Airbnb a boon for owners, headache for neighbors EMERY COWAN and CORINA VANEK Sun Staff Reporters Dec 10, 2017 I $3 FOR FIRST 13 WEEKS Robert Staszak a resident of Flagstaff for the past eleven years, cleans the home he and his wife Dawn Staszak rent ou short term via Airbnb and VRBO. Dawn Staszak said the extra income the couple earns doing a short term rental inste; a long-term lease should allow her to scale back her childcare business. Benji Shanahan, Arizona Daily Sun hops://azdai Iysumcominewsllocallairbnb-a- boon -for-nwners-headache-for-neighborslatlMc_I abdOfbb-83er-.W6-9Gci-cd753349694C.lttml 1 /9 4/18/2019 Airbnb a boon for owners, headache for neighbors I Local I azdailysun.com It's been three years since James Holeman opted to give Airbnb hosting a try after deciding he wanted to do something new with a longtime rental he owned in Flagstaff's South Side. The arrangement has gone so well that after Holeman and his wife sold that house, they bought another property with three small homes that they plan to turn into more short term rentals. He "can't say enough good things," about the experience, Holeman said. He and his wife enjoy doing fun things to customize the house for groups of guests and through hosting have met interesting people from all over the world, Holeman said. Airbnb also gives him an opportunity to show visitors more of the town he loves. "We enjoy the history of the neighborhood and the community, and we like to share it," he said. "We have old properties, and they have history. It's kind of an unspoken history and I don't think it's shared enough." The move to vacation rentals has been better on the economic side as well. "It simply makes more money," Holeman said. "Economically, it's better for us." Across town, Laura and Tony Abrams are decidedly less thrilled with the short term rental trend. The number of homes listed on sites like Airbnb and VRBO has exploded in their Continental Country Club neighborhood in the past two to three years, with httpsd/azdailysun,com/news/locallairbnb-a-boon-for-owners-headache-for-neighhorslarticI c_IabdOM-We-S4d6-960-cd7S3349094f html 2/9 4/ 18/20' ) Airbnb a boon for owners, headache for neighbors I Local I azdailysun.com more than 100 homes listed this year compared to about 50 last year, Tony Abrams said. There are now three short-term rentals within 200 yards of the couple's home, two of which have been "quite problematic," Tony Abrams said. Most people don't mean to be disrespectful, but they're in Flagstaff to have a good time, he said. Groups of 10 to 20 people regularly fill the home behind theirs and on summer nights, guests stay up late hanging out on the back deck while their noise drifts directly into their bedroom, Laura Abrams said. Vans, cars and even buses crowd the streets outside the rentals, the guests drive too fast and their dogs wander onto the Abrams' property, poop and leave without anyone cleaning it up, Tony Abrams added. "The quality of our life has gone down tremendously due to these people," he said. Across the country, short term rentals are skyrocketing — the number of units listed in Phoenix nearly tripled between 2014 and 2015, according to one report — and the trend has hit Flagstaff as well. The city now has more than 500 active Airbnb listings, according to the company. Figures for VRBO were not available. Residents who have listed their homes as short term rentals cite the ability to make additional income, afford to buy a home in Flagstaff or invest in another home in the area. Several said they like hosting visitors and meeting new people. At the same time, locals say they are seeing their neighbors replaced by rotating casts of weekend guests, some cite more noise and traffic from short term rentals, and there's a broadly shared worry that the trend is putting a squeeze on Flagstaff's already tight housing market. SHORT TERM RENTAL, LONGTERM AFFORDABILITY Duffie Westheimer lives in Flagstaff s historic townsite neighborhood and has watched home after home switch from long term to short term rental. Westheimer said she stopped counting a couple of years ago when the number hit a dozen. In response to a Facebook call -out for opinions on the rise of short term rentals in Flagstaff, many cited worries about the effect on affordable housing. hl[ps:1/azdniiys%tin rbnb-a- boon -fur-owners-headache-fur-ncighhorslarlicle-labd0fbb-83cc :34d6-9bc3-cd7i3349094fAlin 1 3/9 4/18/2019 Airbnb a boon for owners, headache for neighbors I Local I azdailysun.com Housing agencies in town haven't collected specific data that would indicate the rise in vacation rentals is having an impact on housing affordability and availability, but at least one national study suggests there is some effect on pricing. A not -yet -published working paper put out this year found that across the United States, a 10 percent increase in Airbnb listings leads to a 0.42 percent increase in rents and a 0.76 percent increase in house prices. While a small percentage, it works out to a significant portion of overall price growth. From 2012 to 2016, annual rent growth was 2.2 percent and the annual house price growth was 4.8 percent, the paper found. Anecdotal evidence suggests at least some homes in the Flagstaff area are turning from long term rentals to Airbnb or VRBO offerings. In response to the Daily Sun's Facebook callout, Christopher Gorney said he and his wife had their lease broken by one of their landlords because he wanted to turn it into an Airbnb. The landlord only needed to rent the property for nine days a month to make the rent the couple was paying, Gorney wrote. "I get it from a business sense, but it's terrible for the locals, especially when businesses are unwilling or unable to pay a livable wage," he wrote. Three other vacation rental hosts interviewed for this article said that before they started their current gig, their homes were long term rentals. Alana Miller, a teacher in town, said she has seen several friends turn their long-term rentals into short-term ones for economic reasons. She doesn't blame them, but said it's still hard to see because many of those homes are relatively modest two and three bedrooms close to downtown that would otherwise be reasonably priced rentals for working-class families. But Dawn Staszak, the owner of a long -term -turned -short-term rental, said more of the blame should be put on NAU for putting a squeeze on housing options. Over the past 10 years the university's enrollment has grown from about 14,000 students to 22,000. hugs:/Iazdailysun,coin/ncws/localiaiibtib-a-boon-for-owners-beadache-for-neighbors/articic_IabdOfbb-83ee-54d6-96c3-cd753349094f.biml 4/9 4/18/2019 Airbnb a boon for owners, headache for neighbors I Local I azdailysun.com "I look around this town and it's sad. Everywhere is getting bought up and they are just putting up student housing. That's where I'm mad," said Staszak, who has lived in town since she was 5 years old. Airbnb spokeswoman Laura Rillos also pointed out that most hosts in Flagstaff live in the homes they rent out and host guests "on a casual basis" for an average of 59 nights per year. That suggests they wouldn't otherwise be available for a long-term tenant, Rillos wrote in an email. WHY HOSTS SIGN ON For Alithea Gorski, the advent of Airbnb has had a different impact, allowing her as a local to own a home affordably. By renting out one of the rooms in her house through Airbnb, Gorski said she's able to earn about $800 per month that helps pay her mortgage and cover home maintenance. When her guests ask for recommendations, she sends them to local businesses and makes sure they know things like how much water to take to the Grand Canyon and the need to keep off sensitive biological soil crust near Sedona, Gorski said. She imposes quiet hours for her guests and said her neighbors have never complained about the arrangement. For Jill Paine, it was the desire to own and preserve a historic downtown home that motivated her to try VRBO instead of a long-term lease for a second home her family owns on Verde Street. With a vacation rental, she can regularly clean and maintain the house, Paine said. https://azdailysun.com/news/locallairbnb-a-boon-for-owners-headache-for-neighbors/article_labdOfbb-83ee-54d6-96c3-cd753349094f.html 519 4/18/2019 Airbnb a boon for owners, headache for neighbors I Local I azdailysun.com Depending on booking rates, Paine estimated she can pay the mortgage and make an additional $3,000 to $10,000 per year through the short term rental arrangement, but said her main motivation is building equity in the home as a long term investment. It's no small task to do the cleaning and administrative work required to list a home on Airbnb and VRBO, said Staszak, who does it all for the Coconino Estates home she owns with her sister and mother. While the work takes her about 20 hours a week, Staszak said she's already making a profit and in December expects to make triple what the family was charging in monthly rent for the home until a year ago. Staszak said the additional income she makes from switching to short term rentals will allow her to scale back her childcare business as she gets older. There are also the auxiliary jobs that get produced through the short term rental trend. After taking note of the rising tide of Airbnb and VRBO listings, Maryjane Morse parted from a career in the service industry and formed a vacation home cleaning and management business. "At some point I said, this is not going away. This is how people like to travel, this is how I like to travel, so how do I get a piece of that, basically," she said. Since starting the business in May, Morse said it has become a full-time job. She gets to choose her clients and create a somewhat flexible schedule that allows her to spend more time with her daughter. Now, she's considering hiring her first employee, she said. VIEW FROM NEXT DOOR The excessive noise and parking and traffic problems that Tony and Laura Abrams have seen in their Country Club neighborhood are common complaints lodged against short term vacation rentals. Peter Friederici said another effect for residents is the loss of neighbors. Half of the apartments in the complex next door to Friederici's downtown Flagstaff home have been turned into short term rentals since this summer, he said. He hasn't had any issues with hc[ps.11azdailysun.convnewallocallairbnb-a-boon-for-owners-headacho-for-neighborslardcic_labdOibb-83ce-54d6-96c3-ed753349094f.himl 6/9 4/18/2019 Airbnb a boon for owners, headache for neighbors I Local I azdailysun.com the guests, but the short conversations on the sidewalk that he used to have with the apartment's residents are gone, he said. When short-term guests are noisy or damaging neighbors' properties, it can sometimes feel like residents are stuck playing the role of babysitter to what have become profit centers for the homes' owners, Westheimer said. On the other hand, the owners of vacation rentals have to keep their properties well maintained, so they often look nicer than some long-term rentals that get neglected by landlords, Westheimer said. They also push up property values, which can be both good and bad. "It's all complex," she said. There doesn't seem to be an easy solution to short term rentals in Flagstaff, said Miller, the teacher. Right now, people are looking at them from an individualistic perspective, motivated by the extra money such rentals can make. But the long-term effects could be the loss of the city's working class that can't afford to live here, she said. She would like the city council to take up the issue and raise community awareness about it. "It needs to be looked at not on an individual level but on a collective level of 'what is this doing to our town?"' Miller said. The reporter can be reached at cvanek@azdailysun.com or 556-2249. Restrictions Until recently, short term rentals weren't allowed in the city of Flagstaff, while Coconino County allowed vacation rentals but regulated things like noise, parking and outward appearance of the residence. Then last year, the Arizona state legislature passed a law preventing cities and counties from banning short- term rentals and limiting their ability to regulate them. The county repealed its vacation rental ordinance and the city of Flagstaff is limited to requiring that short term rental owners get a business license and a sales tax license. Short term rentals are categorized the same as hotels and motels, and owners are responsible for keeping track of taxable activities, City of Flagstaff spokeswoman Jessica Drum said. hitpsWardailysunxorn/news/local/airbnb-a-boon-for-owners-headache-to r-neighbor,larticle_Iabd0fbb-83ee-54d6-96c3•cd753349094f 1mil 7/9 4/18/2019 Airbnb a boon for owners, headache for neighbors I Local I azdailysun.com City of Flagstaff Code Compliance Manager Reggie Eccleston said the only other restriction the city can enforce is when an owner is using an accessory dwelling unit on their property as a short term rental. The city requires the owner to live on the property with the extra dwelling unit. Eccleston said the city has received complaints that owners are renting out both the main house and the accessory dwelling unit. Homeowners associations, on the other hand, have the right to adopt more stringent regulations and some are doing so. Last year, Forest Highlands adopted a 30-day minimum for all home rentals. Some homeowners in Continental Country Club are advocating the same in that neighborhood, but many other homeowners have come out against the idea and the debate has heated up at some board meetings, said Laura Abrams, a resident who has attended several meetings. Lynn Krupnik, a lawyer who is working with the Continental Country Club HOA, said she has received more and more inquiries from homeowners associations about establishing lease term minimums. Krupnik cited the new state law regarding the regulation of vacation rentals and their growing popularity. Some associations have had a minimum lease term built into their regulations for years, she said. In her experience, associations have favored eliminating short term rentals, rather than embracing them, Krupnik said. "I have not ever had an association ask to eliminate a minimum lease term;' she said. For Continental Country Club homeowners to adopt the minimum, a two-thirds majority of homeowners must register a vote in favor of the idea, which hasn't happened yet, Krupnick said. Of the HOAs that have attempted to implement lease limits, Krupnick said she wasn't sure how many had been successful. She said it would be possible for the state legislature to propose a law prohibiting minimum lease terms for HOAs, but she would expect strong opposition from associations. Corina Vanek City Government and Development Reporter Corina Vanek covers city government, city growth and development for the Arizona Daily Sun. Emery Cowan Environment, Health and science Reporter Emery Cowan writes about science, health and the environment for the Arizona Daily Sun, covering everything from forest restoration to endangered species recovery efforts. bites:Ila�dailysun.cnminewsllocallairhnh-a-boon-for-owners-headache-far-rteirhi�ars/arricle_l abdOFbb-Bace-54d6-96c-3-cd7.i3349094f.Iilns1 8/9 PLANNING COMMISSION MEETING DATE: April 24, 2019 CASE NO.: 2019-14 APPLICANT: James Barton, Barton Construction Services, representing Robert D. Ainsbury and Kady M. Long, property owners REQUEST: Consideration of a Variance to the 1,000 square foot maximum accessory structure coverage for the property located at 304 Holcombe Street South. ZONING: RB: Two Family COMP PLAN DISTRICT: LMDR: Low/Medium Density Res. PREPARED BY: Abbi Jo Wittman, City Planner REQUEST The applicant would like to construct a two- stall, attached 728 square foot garage onto the residence located at 304 Holcombe Street So uth. There is an existing 672 square foot detached garage onsite, which the owners would like to retain. As a result, a request has been made to vary City Code Section 31-308(a)(3)(1): “the maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet of 10 percent of the lot area, whichever is less”. Specifically, the applicant is requesting a 400 square foot accessory structure variance. The property owners have submitted a statement to the City indicating they understand that, if the variance is not approved, the existing garage must be removed. The City has retained a $3,500 escrow to cover the costs associated with removal in the event removal is required and the property owner fails to do so. 308 Holcombe Street South – August, 2013 (Photo Courtesy: Google Images) Case No. 2019-14 CPC: April 24, 2019 Page 2 of 4 APPLICABLE REGULATIONS AND STANDARDS The purpose of the variance is to “…allow variation from the strict application of the terms of the zoning code where the literal enforcement…would cause practical difficulties for the landowner.” In addition to the requirements, below, Section 31-208 indicates “[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance” and “…a previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits.” 1. The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The specific purpose of maximum accessory structure size limitations is to help ensure residential lots are not dominated by nonresidential accessory structures. The 1,000 square foot maximum is also supported by the limit of the total number of accessory structures as well as the provision accessory structure coverage cannot exceed the ground coverage for the residence. The existing garage is set back from the Holcombe Street right-of-way whereas the garage addition is proposed to be located facing Olive Street West. Both garages meet the zoning district’s setback of 30’. These two factors help reduce the garage dominance on this 26,000 square foot lot. The size of the lot and the (nearly) 2,500 square foot footprint of the home help ensure the additional garage, if approved, does not dominate this residential property. 2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan. 3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. “Practical difficulties,” as use in connection with the granting of a variance, means that all of the following must be found to apply: i. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; The use of the property, as a single family residence in a single family residential neighborhood, is reasonable. Allowance for an attached garage as an accessory use is also reasonable. While the applicant may remove 400 square feet (or greater) of the existing garage, that garage was constructed in 1993 and is in good condition; the applicant argues demolition of this structure would create unnecessary cost and be wasteful. Furthermore, the applicant states that, as the largest property on the block, the additional garage space would not be unreasonable. Case No. 2019-14 CPC: April 24, 2019 Page 3 of 4 ii. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The property owner’s purchased the property in December of 2018 so, therefore, they were not responsible for the construction of the existing garage. The existing garage is located 50’ from the residence; this distance is the average lot width of properties in the 1856 platted Thompson Parker and Mower’s 2nd addition. iii. The variance, if granted, will not alter the essential character of the locality. As previously noted, this property is over one-half acres and does not represent a typical residential property. The existing garage is situated 150’ from the Olive Street West right-of-way and 130’ from the Holcombe Street right-of-way. Maintaining the existing structure, while allowing for an attached structure that maintains the character of the historic residence, would not alter the essential character of the locality. PUBLIC COMMENT None were submitted. ALTERNATIVES The Planning Commission has the following options: 1. Make the finding that practical difficulties do exist for the property owner and approve a variance to the maximum two-stall garage by allowing an additional enclosed stall. The Planning Commission may impose conditions in the granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. If the Commission were to find practical difficulties do exist for the property owner, staff would recommend the following conditions: • Plans shall be substantially similar to those on file with the Community Development Department’s Case No. 2019-14. • The siding, trim, fascia and soffit boards will be the same color as the primary structure. • A building permit shall be reviewed and approved prior to any construction occurring on the property. • Major exterior modifications to the variance permit request shall be reviewed by the Planning Commission as per Section 31-204, Subd. 7. 2. Make the finding that practical difficulties have not been established and deny the variance, with or without prejudice. Case No. 2019-14 CPC: April 24, 2019 Page 4 of 4 3.Table the application and request additional information from staff or the applicant. FINDINGS AND RECOMMENDATION Staff finds that the application is in harmony and intent of the zoning ordinance and consistent with the comprehensive plan. The applicant has established practical difficulties and does not alter the essential character of the locality. Therefore, staff recommends conditional approval of the variance associated with CPC Case No. 2019-14 for a total of 1400 square foot accessory structure coverage on the property located at 304 Holcombe Street South. ATTACHMENTS Site Location Map Applicant Narrative Aerial Image Adjacent Site Photos (2 pages) HARRIET ST SS T R E E T HOLCOMBE ST304 310 522 406 602 323 318 519601 518 603 504 507 510 320 514606 609 328 302 405 402 316 136 517 513 212 411 410 322 616 613 409 µ 0 100 20050Feet General Site Location Site Location304 Holcombe St S ^ Te xt Planning Report MEMO DATE: April 17, 2019 CASE NO.: 2019-05 HEARING DATES: Planning Commission March 27 & April 24, 2019 City Council May 7, 2019 REQUEST: Amendments to Short Term Home Rental ordinance REVIEWED BY: Abbi Wittman, City Planner Jenn Sundberg, STHR Administrator Kori Land, City Attorney REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION The City is beginning its third season with the vacation rental (aka short term home rental – STHR) licensing program. The original ordinance and licensing program have worked well, but staff believes that a few changes to the ordinance would make it easier for everyone to understand. It would also eliminate several ambiguities. On March 27, 2019 the Planning Commission opened the public hearing for an ordinance that would institute revisions to the STHR ordinance. This hearing was tabled until April 24th to gather additional information. COMMENTS The additional information that was requested is addressed below. 1. Fines. How was the amount of the fines set? Can they be increased to discourage infractions? What fine amounts are imposed by other Cities with vacation rental programs? On April 18, 2017 the City Council held the public hearing for the original STHR ordinance. It included the current “three strikes and you’re out” language for substantiated complaints. But, there were no fines associated with any of the “strikes”. The Council believed that fines would add an incentive to controlling guests better. So, they requested the City Attorney to suggest fine amounts, which were added to the second reading of the ordinance. STHR amendment Page 2 City staff has examined the programs of several other Minnesota Cities that have vacation rental programs. And, we have found none that issue fines. Though, the City of Chicago, IL is proposing a $1,500-$3,000 fine or 6 months in jail for violations. City Attorney Land advises that the amount of the fine (administrative citation fee, to be technically correct in this instance) can be whatever the City Council deems appropriate. Staff believes that the potential loss of the license for six months is a more effective deterrent than a fine. Guest deposits can cover the cost of a fine, but a deposit cannot prevent the loss of a license. Therefore, staff does not believe it is necessary to raise the fines any higher than they currently are. Especially since we have only two substantiated complaints in the two years since we have been issuing vacation rental licenses. 2. Criminal background checks. Can the City require criminal background checks with the intent to avoid issuing STHR licenses to convicted criminals? City Attorney Land states that the City can add a criminal background check requirement to the ordinance, but the only reason the City can deny a license based on the criminal background is due to a conviction related to the vacation rental business. And then only if the conviction occurred in the last five years. 3. Number of licenses issued to date. How many of each type of license have been issued? License Type Number issued Number pending Number allowed by ordinance A (hosted) 2 1 35 B (primary residence of owner) 11 3 35 C (investment property) 14 1 15 4. Complaints and fines to date. How many complaints have been substantiated and fines issued? License Type Substantiated complaints Fines issued A (hosted) 0 0 B (primary residence of owner) 0 0 C (investment property) 2 2 The two substantiated complaints were for the same STHR. So, the first fine was for $250 and the second was for $500. STHR amendment Page 3 RECOMMENDATION Staff requests the Planning Commission to consider the attached ordinance and formulate a recommendation to forward to the City Council. Attachments: March 20, 2019 staff report Legislative version of ordinance Ordinance Planning Report MEMO DATE: March 20, 2019 CASE NO.: 2019-05 HEARING DATES: Planning Commission March 27, 2019 City Council April 16 and May 7, 2019 REQUEST: Amendments to Short Term Home Rental ordinance REVIEWED BY: Abbi Wittman, City Planner Jenn Sundberg, STHR Administrator Kori Land, City Attorney REPORT BY: Bill Turnblad, Community Development Director INTRODUCTION The City is beginning its third season with the vacation rental (aka short term home rental – STHR) licensing program. The original ordinance and licensing program have worked well, but staff believes that a few changes to the ordinance would make it easier for everyone to understand. It would also eliminate a few ambiguities. SPECIFIC REQUEST City staff is requesting the Planning Commission to hold a public hearing and consider changes to the Short Term Home Rental ordinance. COMMENTS In general, the proposed changes are of five types: 1. Transfer of the ordinance from the Zoning Chapter of the City Code to the Licensing Chapter of the City Code. Specifically this means moving the ordinance from Chapter 31 to Chapter 41. 2. Reorganization of text a. The details of license application requirements for each license type, often duplicative, were deleted and replaced with a simple statement that all terms and conditions for the STHR ordinance have to be met. 3. Clarification of ambiguous text STHR amendment Page 2 a. For example, staff recognized that sleeping areas other than actual bedrooms are offered to guests. But, parking and other support was not being provided for guests sleeping in these other spaces. So, a simple change now refers to “bedrooms and sleeping areas” to better insure that we are not licensing a dwelling that overwhelms a property and its neighborhood. 4. Procedural changes a. The public safety inspection(s) would no longer be required prior to submitting the STHR license application. But, the inspections would still have to pass prior to issuance of the license. b. The property manager would now be responsible for letting neighbors know whenever management contact information changed. Currently, city staff is primarily responsible for this. 5. Enforcement options made more robust RECOMMENDATION Staff recommends approval of the attached ordinance amending the STHR program. Attachments: Legislative draft of ordinance Draft ordinance 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM HOME RENTAL REGULATIONS IN THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-514.1 is hereby repealed. SECTION 2. Stillwater City Code Section 41-8 is hereby enacted as follows: Sec. 41-8. – Short term home rental regulations. Subd. 1. Purpose. The purpose of this Section 31-514.1 41-8 is to allow short term home rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city’s neighborhoods as well as protect the general public health, safety and welfare. Subd. 2. License required. No property may be used for Type A, B or C short term home rental unless a license is granted by the city. No property may be used for Type C short term home rental unless granted a Conditional Use permit and a license by the city. No property may be used for Type D short term home rental (aka bed & breakfast) unless granted a Special Use permit by the city pursuant to Section 31-504 of this Chapter. Type D licenses do not require a license but are subject to the provisions of City Code Section 31-504. (1) Term. Licenses shall be valid for three years, unless it is revoked. (2) Renewal. A renewal license must be applied for every three years. The renewal license application may only be submitted after the property has passed a city inspection as required and appropriate fees have been paid. (3) Non-Transferable. Licenses are non-transferable and shall expire upon change of ownership of the property. (For definitions of Type A, B, C and D short term home rentals, see City Code Section 31-101.) Subd. 3. License application. Any property owner desiring to undertake short term home rentals must apply to the community development department for a short term home rental license. A license must be approved prior to operating within the city. The license application request must be submitted on the form prescribed provided by the city and must include all the information requested on the application form. The license application will not be accepted by the city unless an inspection report has been signed by personnel from both the city's fire department and building department. 2 Subd. 4. License fee. The license application form must be accompanied by payment in full of the required license application fee. The license application fee amount will be as determined by the city council in the city fee schedule. Subd. 5. License issuance. The process for review and issuance of a license will vary depending upon the type of short term home rental as follows: (1) Type A, – hHosted short term home rentals. Type A short term home rentals are required to have an licenses will be issued administratively issued license from the cityif all the terms and conditions of Section 41-8 are met. 1. A Type A short term home rental license or renewal license will be issued administratively only if: i. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6; and b. Performance standards as found in Subd. 7. ii. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. iii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iv. The property passes the city inspection (see Section 31-514.1, Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that 3 the coverage remains in place within 24 hours of a city request for confirmation. 4. Licenses are non-transferable and shall expire upon change of ownership of the property. 5. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 6. No more than a total of thirty-five Type A licenses may be valid within the city at one time. 7. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 8. Licenses are valid for a period of three years. A renewal license must be applied for every three years. (2) Type B – Unhosted short term rental. Type B short term home rentals are required to have an licenses will be issued administratively from the city.Pif all the terms and conditions of Section 41-8 are met, however, prior to issuing a Type B license, a neighborhood notification is required, as specified below herein:: 1. A Type B short term home rental license or renewal license will be issued administratively only if: i. The applicant submits a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6. b. Performance standards as found in Subd. 7. c. Proof of sufficient and suitable property insurance. iv. No more than a total of thirty-five Type B licenses may be valid within the City at one time. v. Notices have been mailed by the city to all surrounding property owners according to the following standards: a. 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; b. 200 feet of all applicant properties zoned RA, LR, CTR, TR; c. 500 feet of all applicant properties zoned AP; and 4 vi. There are no objections received by the city within ten days of mailing the notices. a. If objections are received, then the license request must be considered by the planning commission. (1). The planning commission must review the license request and all objections, as a new business item, at its next regularly scheduled meeting. (2). After considering the license request and comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the license request. (3). If there are no substantiated relevant complaints from neighbors or guests during the provisional year, the permit will automatically extend two more years. If there are three substantiated relevant complaints, the provisional license is automatically revoked and the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. vii. The property passes the city inspection (see Section 31-514.1, Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the 5 owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 5. Licenses are non-transferable and shall expire upon change of ownership of the property. 6. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 7. Licenses are valid for a period of three years. A renewal license must be applied for every three years. No neighborhood notification is required for the renewal of licenses. (a) Notices must be mailed by the city to all surrounding property owners according to the following standards: (i) 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; (ii) 200 feet of all applicant properties zoned RA, LR, CTR, TR; (iii) 500 feet of all applicant properties zoned AP. (b) If there are no objections received by the city within 10 days after mailing the notices, then the license shall be issued. (c) If objections are received, then the license application must be considered by the planning commission as follows. (i) The planning commission must hold a hearing. Notices for the hearing will be mailed 10 days prior to the hearing using the distance requirements in Subd. 5(2)(a). (ii) After considering the license request and comments from the neighbors, the planning commission may either approve a one-year provisional license, with or without conditions, or deny the license request. (d) If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years. (3) Type C – Dedicated short term rental. Type C short term home rentals are required to have both a Conditional Use Permit and an administrative license issued by the city. The Conditional Use Permit and initial license may be processed simultaneously. licenses will be issued administratively if all the terms and conditions of Section 41-8 are met and a Conditional Use Permit is granted. The Conditional Use Permit application will be reviewed according to the process established in City Code Sections 31-204 and 31-207. 6 1. Conditional Use Permit. The application for the Conditional Use Permit to operate a Type C short term home rental must be filed with the city's community development department on the applicable form. The application will be reviewed according to the process established in Sections 31-204 and 31-207 of this Chapter. In addition, the following procedures, criteria and conditions shall also apply: i. The applicant must submit a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. ii. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iii. The Conditional Use Permit runs with the land and must be filed in the property's chain of title, but since a license is also required for a Type C Short Term Rental, possession of a Conditional Use Permit is not sufficient to operate. Any new owner desiring to operate a Type C Short Term Rental on property that has an unexpired Conditional Use Permit filed in the chain of title must also obtain a license from the city. A Conditional Use Permit expires if a property is not operated as a Short Term Home Rental for more than a year. iv. The Conditional Use Permit applicant must certify on the city application form that all applicable items found in this Section 31-514.1 are satisfied. That includes: a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Proof of sufficient and suitable property insurance. v. The property must pass inspection by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis (see Section 31-514.1, Subd 9B) prior to holding the public hearing for the Conditional Use Permit. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. vi. No more than a total of fifteen Conditional Use Permits for Type C Short Term Home Rentals may be valid within the City at one time. 2. License. The application form for the license or renewal license must certify by the applicant that all applicable items found in this Section 31- 514.1 are satisfied. That includes: i. A Conditional Use Permit has been issued for the subject property and is still valid. ii. The property has been inspected no more than 60 days prior to submission of the license application by city building and fire code 7 inspectors and found to meet the residential code standards applicable to renting a home on a short term basis. a. An inspection must be completed and the inspection report submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. b. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. iii. Proper zoning as found in Subd. 6. iv. Performance standards as found in Subd. 7. v. Proof of sufficient and suitable property insurance. vi. No more than a total of fifteen Type C Short Term Home Rental licenses may be valid at one time within the City. 3. The license for a Type C Short Term Home Rental may only be issued to the owner of the property and is not transferable to any other entity. 4. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a Short Term Home Rental, except that additional on-site city code compliant parking may be provided. 5. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 6. Type C short term home rental licenses are valid for a period of three years. A renewal license must be applied for every three years. The Conditional Use Permit will not expire unless its use is discontinued for more than a year. 7. The Type C Short Term Home Rental license is not transferable and shall expire upon change of ownership of the property. 8. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 9. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section 31-217 of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of short term home rental for six months. (4) Type D - Bed & Breakfast. Type D short term home rentals are also known as Bed & Breakfasts and, are required to have a Special Use Permit as regulated 8 in Section 31-504 of this Chapter. in addition to the requirements herein, are regulated in City Code Section 31-504. Subd. 6. Zoning District. Short term home rentals are permitted, with an approved license from the City of Stillwater, in the following Zoning Districts: shall only be allowed in specific zoning districts as identified in City Code Section 31-315 (allowable uses for residential zoning districts) and Section 31-325 (allowable uses for non-residential zoning districts). A. Residential Zoning Districts. Short Term Home Rentals are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals require both a license and a Conditional Use Permit. Type D Short Term Home Rentals (aka Bed & Breakfasts) are allowed by city license in the RCL Zoning District and by Special Use Permit in the RB and RCM Zoning Districts. B. Commercial Zoning Districts. Type A, B and C Short Term Home Rentals are allowed by city license in the CBD Zoning District. They also require a Special Use Permit or Conditional Use Permit. If a Special or Conditional Use Permit already exists for the property, one specifically for the Short Term Home Rental use is not required for Type A and B Short Term Home Rentals. A Conditional Use Permit specifically for the Short Term Home Rental is required prior to issuance of a Type C license. Subd. 7. Performance standards. Type A, B and C short term home rentals shall be subject to the performance standards identified below. Type D short term home rentals shall be subject to the standards found in Section 31-504 of this Chapter. In addition to the relevant sections noted below, Type D short term home rentals shall also be subject to the standards found in City Code Section 31-504. For Type D, if the terms of the section below and Section 31-504 are in conflict, Section 31-504 shall apply. (1) Parking. (a) In residential zoning districts, all guest parking must be accommodated on improved driveways and improved parking surfaces on the premises. No on-street parking is allowed for guests. At a minimum, parking shall be provided at the following rate as follows: (i) Units with 1-2 bedrooms unit or sleeping areas, 1 space. (ii) Units with 3-bedrooms unit or sleeping areas, 2 spaces. (iii) Units with 4 and 4+ or more bedrooms unitsor sleeping areas, number of spaces equal to the number of bedrooms or sleeping areas, minus one. (b) In the CBD zoning district, guest parking must either be accommodated on the property of the short term home rental dwelling unit at the same minimum numbers specified above in (1)(a), or a parking mitigation plan must be approved by the Parking Commission. 9 (2) Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days, since more than that is by definition not a short term home rental property. (3) Number of guests. The maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one. (4) Guest records. The licensee for Type B and C short term rentals must keep a transient guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours’ notice. (5) Manager Information. For Type B and C short term home rentals, the licensee must provide the name, phone number and address of the owner, operating lessee or managing agent/representative to all property owners within 150 of the property lines. The licensee shall provide any changes to this information to the community development department and to the neighboring properties within 10 days of any such changes. (5)(6) Guest disclosures. The licensee must disclose in writing to their guests the following rules and regulations and must submit a copy of the disclosure to the city with the license application and renewal applications. In addition, the disclosures must be conspicuously displayed in the home. The disclosures must include the following: (a) For Type B and C short term home rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative; (b) The maximum number of guests allowed at the property; (c) The maximum number of vehicles allowed at the property and the approved parking areas; (d) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; (e) That City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 p.m. and 8 a.m.; (f) That nNo events are allowed to be hosted by a guest on the premises. (6)(7) Posting of lLicense number. The licensee must post the city license number at the property and on all print, poster or web advertisements. 10 (7)(8) Proximity of assistance. For Type B and Type C short term home rentals, the property owner or a manager/representative must be located within 30 minutes travel time of the property. The community development department must be notified within 10 days of a change in the managing agent/representative or their contact information. The licensee must provide the name, address and phone number for the licensee or managing agent/representative to all property owners within 150 feet of the property boundary. The licensee must notify neighboring properties within 10 days of a change in the managing agent/representation or contact information. (8)(9) Garbage. As required by City Code Chapter 30-1, Subd. 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. (9)(10) Signage. No signage is allowed on the property of a Type A, B or C Short Term Home RentFor Type A, B or C short term home rental no signage is allowed on the property. Type D is allowed to have signage as regulated in City Code Section 31-504. (10)(11) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this Section 31-541.141-8, an event means a gathering on the premises of more than three un-registered transient guests. Events hosted by the property owner are allowed but must abide by comply with all applicable city ordinances and policies, including the prohibition on renting out private residential property for events. (12) Insurance. The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city. (13) There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short term home rental, except that additional on-site city code compliant parking may be provided. Subd. 8. Required health and safety inspections. (1) Type A, B and C short term home rentals. Type A, B and C license applications will not be accepted without an approved inspection report signed by the city’s fire department and building department. The inspection must have been completed no more than 60 days prior to submission of the license application. The list of health and safety items that will be inspected will be included in license application materials so that the licensee will know in advance what items will be inspected. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license will be issued. 11 1. These types of short term home rentals are required to have, and pass, a health and safety code inspection by city building and fire code staff prior to issuance of a license or renewal of the license. 2. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the licensee will know in advance what items will be inspected. 3. Upon receipt of a complaint, the city zoning administrator will contact the licensee and will determine whether a compliance inspection is required. (2) Type D short term home rentals (aka bed & breakfast). Type D short term home rentals are This type of Short Term Home Rental is required to have inspections as regulated by City Code Section 31-504. Subd. 9. Site Plan and Floor Plan for Type A, B and C short term home rentals. (1) The applicant must submit a Site Plan of the property drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. (2) The applicant must submit a floor plan of the residence drawn to scale identifying which rooms are proposed to be used as guest bedrooms or sleeping areas. Subd. 10. Limit on number of licenses. No more than a total of thirty-five licenses may be valid at any one time for Type A Short Term Home Rentals. No more than a total of thirty-five licenses may be valid at any one time for Type B Short Term Home Rentals. No more than fifteen licenses may be valid at any one time for Type C Short Term Home Rentals. Type D Short Term Home Rentals are required to have a Special Use Permit, but no license is required. (1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any one time. (2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any one time. (3) Type C. No more than fifteen (15) Type C licenses shall be issued at any one time. Subd. 11. Lodging and Sales taxes. In addition to state sales tax, Types A, B, C and D short term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis. The property owner must provide information on a web-based booking service(s) used for the property. If no sales are made during a quarter, a report must be submitted to the city stating that no sales were made or lodging tax collected during that quarter. 12 A. The city lodging tax must be collected and paid either by the web based booking company that the Short Term Home Rental is listed on, or by the licensee directly to the city if the Short Term Home Rental does not use a web based booking service. B. The license application must supply information on any web based booking service(s) used for the licensed property. C. The licensee, or booking agent on their behalf, is required to pay the city lodging tax quarterly. If no sales are made during a quarter, a report must none the less be submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 12. Interchangeability of License Types. A licensee may use the license to operate any short term home rental type equal to or less restrictive than the one for which the license was issued. Therefore For example, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. If a Type B license is issued, the property is permitted to operate as a Type B or A. However, a Type D owner may onl y operate as a Bed & Breakfast. Subd. 13. Enforcement. A. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek Injunctive Relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. B. The penalty for violation of this Section 31-514.1 shall be a Misdemeanor. C. In addition to penalty provisions A and B above, the fine for the first substantiated and relevant complaint or violation shall be $250.00. The fine for the second shall be $500.00. The fine for the third shall be $750.00 and this third offense shall also result in automatic license revocation. (1) Injunctive relief. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek injunctive relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. (2) Misdemeanor. The penalty for a violation of this ordinance shall be a misdemeanor. (3) Fines. In addition to penalty provisions in (1) and (2) above, the administrative fines for violations of this ordinance shall be as follows: (a) For the first substantiated and relevant complaint or violation within a 12-month period, the fine shall be $250.00. (b) For the second substantiated and relevant complaint or violation within a 12-month period, the fine shall be $500.00. (c) For the third substantiated and relevant complaint within a 12-month period, the fine shall be $750.00. 13 (4) Suspension or Revocation. Any short term home rental license may be suspended or revoked for one or more of the following reasons: (a) It is the third substantiated and relevant complaint or violation of the ordinance within a 12-month period. (b) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (c) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee’s business; (d) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the short term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (e) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. In such cases, the license may be forwarded to a hearing officer for consideration of suspension or revocation. The hearing officer procedure is set forth in City Code Section 22-10, Subdivision 4. If the license is suspended, the length of suspension shall be stated in the hearing officer’s decision. If a license is revoked, the owner is prohibited from making application for another license for any type of short-term home rental for a period of 6 months. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment moves the short-term home rental regulations from the Zoning Ordinance to the Licensing section of the City Code. In addition, the amendment simplifies and clarifies the requirements necessary for administrative issuance of these licenses. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2019. Ted Kozlowski, Mayor ATTEST: 1 ORDINANCE NO._________ CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM HOME RENTAL REGULATIONS IN THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-514.1 is hereby repealed. SECTION 2. Stillwater City Code Section 41-8 is hereby enacted as follows: Sec. 41-8. – Short term home rental regulations. Subd. 1. Purpose. The purpose of this Section 41-8 is to allow short term home rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city’s neighborhoods as well as protect the general public health, safety and welfare. Subd. 2. License required. No property may be used for Type A, B or C short term home rental unless a license is granted by the city. Type D licenses do not require a license but are subject to the provisions of City Code Section 31-504. (1) Term. Licenses shall be valid for three years, unless it is revoked. (2) Renewal. A renewal license must be applied for every three years. The renewal license application may only be submitted after the property has passed a city inspection as required and appropriate fees have been paid. (3) Non-Transferable. Licenses are non-transferable and shall expire upon change of ownership of the property. (For definitions of Type A, B, C and D short term home rentals, see City Code Section 31-101.) Subd. 3. License application. Any property owner desiring to undertake short term home rentals must apply to the community development department for a short term home rental license. A license must be approved prior to operating within the city. The license application request must be submitted on the form provided by the city and must include all the information requested on the application form. Subd. 4. License fee. The license application form must be accompanied by payment in full of the required license application fee. The license application fee will be determined by the city council in the city fee schedule. Subd. 5. License issuance. The process for review and issuance of a license will vary depending upon the type of short term home rental as follows: 2 (1) Type A – Hosted short term home rentals. Type A short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met. (2) Type B – Unhosted short term rental. Type B short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met, however, prior to issuing a Type B license, a neighborhood notification is required, as specified herein: (a) Notices must be mailed by the city to all surrounding property owners according to the following standards: (i) 150 feet of all applicant properties zoned RB, CCR, CR, TH, CTHR, RCL, RCM, RCH, CBD; (ii) 200 feet of all applicant properties zoned RA, LR, CTR, TR; (iii) 500 feet of all applicant properties zoned AP. (b) If there are no objections received by the city within 10 days after mailing the notices, then the license shall be issued. (c) If objections are received, then the license application must be considered by the planning commission as follows. (i) The planning commission must hold a hearing. Notices for the hearing will be mailed 10 days prior to the hearing using the distance requirements in Subd. 5(2)(a). (ii) After considering the license request and comments from the neighbors, the planning commission may either approve a one-year provisional license, with or without conditions, or deny the license request. (d) If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years. (3) Type C – Dedicated short term rental. Type C short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met and a Conditional Use Permit is granted. The Conditional Use Permit application will be reviewed according to the process established in City Code Sections 31-204 and 31-207. 3 (4) Type D - Bed & Breakfast. Type D short term home rentals are also known as Bed & Breakfasts and, in addition to the requirements herein, are regulated in City Code Section 31-504. Subd. 6. Zoning District. Short term home rentals shall only be allowed in specific zoning districts as identified in City Code Section 31-315 (allowable uses for residential zoning districts) and Section 31-325 (allowable uses for non-residential zoning districts). Subd. 7. Performance standards. Type A, B and C short term home rentals shall be subject to the performance standards identified below. In addition to the relevant sections noted below, Type D short term home rentals shall also be subject to the standards found in City Code Section 31-504. For Type D, if the terms of the section below and Section 31-504 are in conflict, Section 31-504 shall apply. (1) Parking. (a) In residential zoning districts, all guest parking must be accommodated on improved driveways and improved parking surfaces on the premises. No on-street parking is allowed for guests. At a minimum, parking shall be provided as follows: (i) Units with 1-2 bedrooms or sleeping areas, 1 space. (ii) Units with 3-bedrooms or sleeping areas, 2 spaces. (iii) Units with 4 or more bedrooms or sleeping areas, number of spaces equal to the number of bedrooms or sleeping areas, minus one. (b) In the CBD zoning district, guest parking must either be accommodated on the property of the short term home rental dwelling unit at the same minimum numbers specified above in (1)(a), or a parking mitigation plan must be approved by the Parking Commission. (2) Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days. (3) Number of guests. The maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one. (4) Guest records. The licensee for Type B and C short term rentals must keep a guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours’ notice. 4 (5) Manager Information. For Type B and C short term home rentals, the licensee must provide the name, phone number and address of the owner, operating lessee or managing agent/representative to all property owners within 150 of the property lines. The licensee shall provide any changes to this information to the community development department and to the neighboring properties within 10 days of any such changes. (6) Guest disclosures. The licensee must disclose in writing to their guests the following rules and regulations and must submit a copy of the disclosure to the city with the license application and renewal applications. In addition, the disclosures must be conspicuously displayed in the home. The disclosures must include the following: (a) For Type B and C short term home rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative; (b) The maximum number of guests allowed at the property; (c) The maximum number of vehicles allowed at the property and the approved parking areas; (d) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; (e) That City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 p.m. and 8 a.m.; (f) That no events are allowed to be hosted by a guest on the premises. (7) Posting of license number. The licensee must post the city license number at the property and on all print, poster or web advertisements. (8) Proximity of assistance. For Type B and Type C short term home rentals, the property owner or a manager/representative must be located within 30 minutes travel time of the property. (9) Garbage. As required by City Code Chapter 30-1, Subd. 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. (10) Signage. For Type A, B or C short term home rental no signage is allowed on the property. Type D is allowed to have signage as regulated in City Code Section 31-504. 5 (11) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this Section 41-8, an event means a gathering on the premises of more than three un-registered guests. Events hosted by the property owner are allowed but must comply with all applicable city ordinances and policies, including the prohibition on renting out private residential property for events. (12) Insurance. The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city. (13) There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short term home rental, except that additional on-site city code compliant parking may be provided. Subd. 8. Required health and safety inspections. (1) Type A, B and C short term home rentals. Type A, B and C license applications will not be accepted without an approved inspection report signed by the city’s fire department and building department. The inspection must have been completed no more than 60 days prior to submission of the license application. The list of health and safety items that will be inspected will be included in license application materials so that the licensee will know in advance what items will be inspected. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license will be issued. (2) Type D short term home rentals . Type D short term home rentals are required to have inspections as regulated by City Code Section 31-504. Subd. 9. Site Plan and Floor Plan for Type A, B and C short term home rentals. (1) The applicant must submit a Site Plan of the property drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. (2) The applicant must submit a floor plan of the residence drawn to scale identifying which rooms are proposed to be used as guest bedrooms or sleeping areas. Subd. 10. Limit on number of licenses. (1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any one time. 6 (2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any one time. (3) Type C. No more than fifteen (15) Type C licenses shall be issued at any one time. Subd. 11. Lodging and Sales taxes. In addition to state sales tax, Types A, B, C and D short term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis. The property owner must provide information on a web-based booking service(s) used for the property. If no sales are made during a quarter, a report must be submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 12. Interchangeability of License Types. A licensee may use the license to operate any short term home rental type equal to or less restrictive than the one for which the license was issued. For example, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. If a Type B license is issued, the property is permitted to operate as a Type B or A. However, a Type D owner may onl y operate as a Bed & Breakfast. Subd. 13. Enforcement. (1) Injunctive relief. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek injunctive relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. (2) Misdemeanor. The penalty for a violation of this ordinance shall be a misdemeanor. (3) Fines. In addition to penalty provisions in (1) and (2) above, the administrative fines for violations of this ordinance shall be as follows: (a) For the first substantiated and relevant complaint or violation within a 12-month period, the fine shall be $250.00. (b) For the second substantiated and relevant complaint or violation within a 12-month period, the fine shall be $500.00. (c) For the third substantiated and relevant complaint within a 12-month period, the fine shall be $750.00. (4) Suspension or Revocation. Any short term home rental license may be suspended or revoked for one or more of the following reasons: (a) It is the third substantiated and relevant complaint or violation of the ordinance within a 12-month period. 7 (b) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (c) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee’s business; (d) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the short term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (e) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. In such cases, the license may be forwarded to a hearing officer for consideration of suspension or revocation. The hearing officer procedure is set forth in City Code Section 22-10, Subdivision 4. If the license is suspended, the length of suspension shall be stated in the hearing officer’s decision. If a license is revoked, the owner is prohibited from making application for another license for any type of short-term home rental for a period of 6 months. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment moves the short-term home rental regulations from the Zoning Ordinance to the Licensing section of the City Code. In addition, the amendment simplifies and clarifies the requirements necessary for administrative issuance of these licenses. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2019. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk COMMUNITY DEVELOPMENT DEPARTMENT STAFF MEMO MEETING DATES: April 24, 2019: Planning Commission TO: Chairman Lauer and Planning Commission members FROM: Abbi Jo Wittman, City Planner REGARDING: Minar Neighborhood Moratorium Update BACKGROUND On October 5, 2018 the City Council enacted a moratorium on new development in the Minar Neighborhood. The moratorium gives the City one year to determine what type land use is most appropriate in this neighborhood. Though staff had developed the following schedule, there has been a slight delay given the neighborhood’s desire to have an anonymous survey conducted. Timeline Task Action/Outcome December, 2018 Consult with interested agencies and organizations (BCWD, Stillwater Township Board, and WA County Public Health) Conduct Adjacent Community Research Discuss concerns with alternative scenarios Identify and cross-compare uses and standards for Afton, Bayport, Grant, Lake Elmo, Oak Park Heights, and Baytown, May, Stillwater, and West Lakeland Townships January, 2019 Host Resident Input Listening Session Present research findings to residents. Gauge resident sentiment of lot splits. Determine standards and uses most desirable by residents February, 2019 Draft Rural Residential zoning district standards and uses Host Resident Input Listening Session Finalize draft set of massing and setback standards, as well as allowable uses Gain feedback on draft Rural Residential zoning district March, 2019 Begin Zoning Text Amendment Proceedings March 20th: Planning Commission Public Hearing April, 2019 Finalize Zoning Text Amendment April 16th: City Council Public Hearing Minar Neighborhood Moratorium Proposed Schedule and Scope of Work, page 2 of 2 Finalize the draft Comprehensive Plan with the Rural Residential future land use classification The City will update the Comprehensive Plan to reflect detail of the Rural Residential zoning district. ORDINANCE DEVELOPMENT UPDATE Staff prepared a draft Rural Residential district based on review of existing city code, adjacent community standards, as well as public input. The draft district is attached for review. City staff will be holding a neighborhood meeting on Monday, April 22nd to discuss the draft district and gain feedback from the neighborhood. From this meeting, the draft district will be finalized and public hearings will be scheduled. This is an opportunity for the Commission to review the draft district and to provide comment and direction to city staff. Page 1 of 2 Sec. 31-____. – RR rural residential district. RR rural residential districts shall be regulated as follows: (a) Purpose. The purpose of the RR district shall be to maintain large lot neighborhood design and characteristics in areas where urban services are unavailable. (b) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (c) Detached accessory buildings. 1) No detached accessory buildings may be located within the required front yard. 2) All detached accessory buildings located within a side yard must be set back a minimum of 15 feet from the side lot line in the case of an interior lot or 40 feet in the case of a corner lot. 3) All detached accessory buildings located in the rear yard must be set back a minimum of 25 feet from the rear lot line. (d) Massing regulations. (1) Minimum standards. 1 Lot area per dwelling One (1) acre 2.5 acres Lot width 100 feet 160 feet Lot depth 300 feet 300 feet Front yard setback 40 feet 40 feet Interior Side yard setback 15 feet (COS) 15 feet (COS) Exterior yard setback 40 feet 40 feet Rear yard setback 50 feet 50 feet Maximum lot coverage 25% 25% Height Height of residence 35 feet 35 feet Height of accessory structures 20 feet and not exceeding height of main residential structure 20 feet and not exceeding height of main residential structure Page 2 of 2 (2) Additional setback standards. 2 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 1 All standards are minimum requirements unless otherwise noted. 2 Measured from right-of-way line. Page 1 of 5 Sec. 31-315. - Allowable uses in residential districts. ALLOWABLE USES ZONING DISTRICTS RR A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM Single-family dwelling 1 P P P P P P P P P P CUP Two-family dwelling 1 P P 2 CUP Attached single-family dwelling or townhouse 3 SUP P Townhouse, row house, group house 1 P Multifamily dwelling 4 and condominiums SUP Accessory dwelling (See Section 31-501) P SUP P SUP Duplex accessory unit (See Section 31-502) SUP Roominghouses 1 CUP Type I home occupation (See Section 31-500) P P SUP P P SUP P P P SUP A SUP Type II home occupation (See Section 31-500) CUP SUP SUP SUP SUP SUP SUP 10 SUP SUP SUP Type III home occupation (See Section 31-500) SUP SUP Accessory building and use A A A A 5 A A 6 A 7 A 8 A Public schools P CUP Page 2 of 5 Elementary school SUP P CUP Public and private primary and secondary schools 9 SUP 10 SUP 9,10 Early childhood education SUP Parks, playgrounds and other open space areas P P P P P P P P P Private recreation facility A A Church or other place of worship SUP 10 SUP 10 P CUP Cemeteries SUP 10 SUP 10 Hospital, nursing home or rest home SUP 10 SUP 10 Institutional building P CUP Bed & Breakfast (Type D Short Term Home Rental) SUP 10 P 11 SUP Short Term Home Rental; Type A and B P P P P P P P P P P P P P Short Term Home Rental; Type C CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Off street parking & loading A A Agricultural uses P Agricultural produce sales P14 P Commercial greenhouse P Page 3 of 5 Fish hatcheries and aviaries P Fishing lakes and picnic groves 12 P Forest and wildlife reservations or similar facilities P Fur farming (raising fur bearing animals, excluding skunks and civet cats) P Riding academies or stables P Essential services P P P P P P P P P P P P P Commercial uses not found objectionable by neighbors CUP Retail business of a corner store nature CUP Senior care living facilities SUP SUP 13 CUP Armory SUP 10 Municipal fire station SUP 10 Small Wireless Facilities Small Wireless Facilities in the Right-of-Way P P P P P P P P P P P P P Personal Outdoor Storage P15 Page 4 of 5 P = Permitted use SUP = Use permitted with a Special Use Permit CUP = Use permitted with a Conditional Use Permit A = Accessory use Blank cell in table means that the use is NOT allowed. 1 Only one principal structure is allowed on a parcel. 2 Two-family dwelling allowed only on corner lots. 3 An attached single-family dwelling or townhouse is defined as: A single structure consisting of not less than 3 dwelling units located or capable of being located on a separate lot, and being separated from the adjoining dwelling unit by an approved wall extending from the foundation through the roof and structurally independent of the adjoining unit. 4 Dwelling units for three or more families on a single parcel. 5 Accessory structures are limited to one detached garage or one accessory dwelling. Accessory dwelling is permitted only with a special use permit. Garage is limited to a total of three stalls and all detached accessory structures shall be regulated by the standards found in Section 31-501, Subd. 2 (performance standards for accessory dwelling units in CTR district). 6 Accessory structures in the TR district are subject to the regulations found in Section 31-503, Subd. 1 7 Accessory structures in the RB district are subject to the regulations found in Section 31-503, Subd. 2 8 Garage is limited to two stalls wide. 9 Including accessory buildings and uses located upon property contiguous to that occupied by the main building. 10 SUP may only be issued by city council. 11 Must be located at least 900 feet from another bed & breakfast. 12 No concession or retail sales are permitted. 13 Senior care living facilities in the RA zoning district shall have a minimum property size of 5 acres. 14 Sales of fresh, whole, raw, or processed produce grown onsite only and sold onsite at a farm stand, at farmers’ markets or by delivery. Page 5 of 5 15 Storage of personal operable vehicles, including any car, truck or trailer, or self-propelled or pull-behind recreational vehicles, including, but not limited to, snowmobiles, all-terrain vehicles, watercraft, golf carts, etc. so long as adequately screened by fence or landscaped from roadways and neighboring views. No outside business storage is permitted. (Ord. No. 1003, § 2, 1-20-09; Ord. No. 1030, § 2, 5-17-11; Ord. No. 1055, § 2, 12-18-12; Ord. No. 1093, § 3, 5-2-17; Ord. No. 1095, § 1, 6-6-17; Ord. No. 1121, § 1, 1-8-19)