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HomeMy WebLinkAbout2007-03-12 CPC Packet• 4 THE BIRTHPLACE OF MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING The City of Stillwater Planning Commission will meet on Monday, March 12, 2007, at 7 p m in the Council Chambers of Stillwater City Hall, 216 North Fourth Street AGENDA 1 CALL TO ORDER 2 APPROVAL OF February 12, 2007 MINUTES 3 PUBLIC HEARINGS 3 01 Case No 07-11 An annexation request for the property located at 8080 Neal Avenue North Stephen and Barbara Kochendorfer, applicants 3 02 Case No 07-12 A variance request for the corner lot setbacks for the reconfiguration of a garage located at 2214 Fairmeadows Road in the RA, Single Family Residential District and any variances related thereto Craig and Carrie Floen, applicants U 3 03 Case No 07-13 A special use permit request for a vending cart located between 241-243 and 229 Main Street South in the CBD, Central Business District and any variances related thereto See Farr, applicant 3 04 Case No 07-14 A variance request for the placement of a 32' x 16' high golf ball net located at 1931 Oak Glen Place in the RA, Single Family Residential District and any variances related thereto Michael Kramer, applicant 3 05 Case No 07-15 A request to rezone the property located at 8262 AND 8270 Neal Avenue North from AP, Agricultural Preservation to RA, Single Family City of Stillwater, applicant 3 06 Case No 07-07 Final approval of Phase I development of Millbrook, a residential subdivision on TH 96 west of Neal Avenue This case includes Final Plat approval for 59 single family homes in Phase I, Final PUD approval for Phase I, and a PUD amendment relating to townhome design, and any variances related thereto US Home, applicant Continued from 2/12/07 meeting 3 07 Case No 07-09 A preliminary Planned Unit Development for a 50 lot development on 25 28 acres located at 12525 75th St N and 12620 and 12550 72nd St N, a preliminary plat creating 50 single family lots, and a zoning map amendment to rezone the property from AP, Agricultural Preservation to TR, Traditional Residential and LR, Lakeshore Residential, and any variances related thereto Ed Dulach, Elite Development, applicant Continued from 2/12/07 meeting 4 OTHER BUSINESS 4 01 Annual review of seasonal plant sales Special Use Permits 4 02 Annual review of Andiamo Special Use Permit and Wharfage Permit for the Gondola on the St Croix CITY HALL 216 NORTH FOURTH STREET • STILLWATER MINNESOTA 55082 PHONE 651 430 8800 • WEBSITE www ci stillwater mn us I City of Stillwater Planning Commission February 12 2007 Present Dave Middleton Chairman Suzanne Block Gregg Carlsen Mike Dahlquist Dan Kalmon Brad Meinke Wally Milbrandt David Peroceschi and Charles Wolden Staff present Community Development Director Turnblad and Planner Pogge Mr Middleton called the meeting to order at 7 p m Approval of minutes Mr Dahlquist moved approval of the minutes of Jan 8 2007 with a correction to his name in the last paragraph Mr Carlsen seconded the motion motion passed unanimously PUBLIC HEARINGS Case No 07-06 A special use permit for a pop machine at 132 S Main St (St Croix Drug) in the CBD Central Business District and any variances related thereto Lyle Anderson applicant The applicant was not present Mr Pogge reviewed the staff report and findings He noted that the Heritage Preservation Commission had reviewed and approved the request with the condition that the machine not be backlighted Mr Middleton opened the public hearing No comments were received and the hearing was closed Mr Kalmon asked whether there was consideration of any public health issues such as the type of items offered Mr Pogge responded that is not considered in the application Mr Dahlquist said the only feedback he has received is that the machine should be completely off the sidewalk and a desire that the machine look historic if possible Mr Milbrandt expressed his disappointment that the applicant was not present Mr Milbrandt suggested adding a condition that the permit be issued for one year only Mr Meinke noted a pop machine has been at this location for many years and it is not in the way of pedestrian traffic Mr Meinke moved approval with the condition that the machine not be internally lighted at the request of Mr Milbrandt Mr Meinke added a condition that the permit be for one year Mr Milbrandt seconded the motion Motion passed 8-1 with Mr Dahlquist voting no Case No 07 07 Final approval of Phase I development of Millbrook including final plat approval for 59 single-family homes in Phase I final PUD approval for Phase I a PUD amendment related to townhouse design and any variances related thereto US Home applicant Representing the applicant were Jay Liberacki and Teresa St Amant Community Development Director Turnblad reviewed the staff report Phase I of the development includes two plats as proposed The first plat for which approval is sought includes 30 single-family lots in the CR Cottage Residential District and 33 single-family homes in the TR Traditional Residential District he noted The second plat in Phase I includes about half of the proposed townhouses Mr Turnblad noted that the design of the townhouses has changed from the initially proposed brownstones to a back-to-back layout Other than the townhouse design and several additional lots the Phase I first plat is essentially the same as what was approved in the preliminary plat Mr Turnblad noted that the 14 conditions of approval have been or will be met Mr Liberacki and Ms St Amant spoke to the proposed change in design of the townhouses Mr Liberacki suggested that the changes solve many of the previous issues related to 1 City of Stillwater Planning Commission February 12 2007 parking/guest parking Ms St Amant noted that changing demographics and market demand resulted in the proposal to bring down the height of the townhouse to two stories rather than the brownstone product Ms St Amant reviewed the various housing products Ms Block noted that the design of the CR homes had changed as well from side -loaded to front -loaded garages and she pointed out that in plans originally approved the homes by the lake were single -story residences and now are two-story structures Mr Middleton opened the public hearing No comments were received and the hearing was closed Mr Dahlquist and Ms Block both expressed a concern that the Commission was being asked to approve a completely different product from what was approved in preliminary plans and from what was discussed in previous public hearings attended by many neighbors Mr Meinke Mr Carlsen Mr Middleton and Mr Milbrandt also expressed concern with changes at this point in the process Mr Peroceschi pointed out that market conditions have changed Mr Kalmon noted that rather than the continuous design of the brownstone townhouses with alleyways the new design results in a lot of driveway cuts Mr Dahlquist said he thought the brownstones provided a good transition from the single-family homes across the street and noted that the change in design will result in a Toss of a lot of on -street parking Mr Milbrandt seconded by Ms Block moved to table approval and ask US Homes to come back with a more thoughtful product including product variety and side -loaded vs front -loaded garages Motion passed 8-1 with Mr Peroceschi voting no Case No 07-08 A variance to the corner side yard setback for construction of a garage and porch at 1224 N Second St in the RB Two Family Residential District and any variances related thereto Jedadiah Becker applicant The applicant was present Community Development Director Turnblad reviewed the staff report and findings It was noted that a garage included in the maximum building coverage was removed before the applicant ever purchased the property thus bringing the proposal closer to compliance with the maximum building coverage however a proposed shed was not included in the building coverage figure Mr Carlsen noted the project is under way and asked why a building permit had been issued the applicant was not issued a building permit Mr Carlsen asked if there were any drawings of the proposed porch The applicant explained the plans are to extend the porch across the front of the house Mr Middleton opened the public hearing No comments were received and the hearing was closed Mr Carlsen expressed a concern that detailed plans were not provided and said he would at least like to see staff review and approve of plans for the porch Mr Dahlquist pointed out that many times approval of such requests is conditioned on an addition matching the main structure in design materials colors etc and said since plans have not been provided the Commission could ask that plans be reviewed by staff Mr Dahlquist said he felt the requested variances for the house addition were reasonable as they match the existing setbacks he also noted that the impervious surface coverage was fairly low It was noted that a variance for the proposed shed is not required as long as the shed is not larger than 120 square feet the applicant stated the shed would be 10x10 Mr Dahlquist moved to approve the requested variances with the condition that the building plans be reviewed by the Community Development 2 City of Stillwater Planning Commission February 12 2007 Director or designee and that the building permit confirm that the shed be 10x10 as indicated by the applicant Mr Peroceschi seconded the motion motion passed unanimously Case No 07-09 A preliminary Planned Unit Development for a 50-lot development on 25 28 acres at 125425 75th St N and 12620 and 12550 72nd St N preliminary plat creating 50 single- family Tots and zoning map amendment to rezone the property from AP Agricultural Preservation to TR Traditional Residential and LR Lakeshore Residential and any variances related thereto Ed Dulach Elite Development applicant Ed Dulach Elite Development and Robert Wiegert Paramount Engineering & Design were present representing the applicant Planner Mike Pogge reviewed the proposal and site Mr Pogge noted that the DNR is still reviewing the proposal and staff is recommending that the application(s) be tabled at this time Mr Carlsen asked if there would be any property along Long Lake that would be open to the public It was noted that the two property owners Meisterlings and McKenzies would be retaining the lakeshore property as proposed a public trail would go through the existing road along the lake Mr Dulach said it is the developer s goal to assist the City in purchasing nearby DNR property to connect to the public trail Mr Wiegert addressed the request for a variance for a fence he said the stucco fence which would provide noise mitigation along County Road 12 is proposed as a way to preserve existing trees in the area The alternative to a fence would be an earthen berm Mr Wiegert said Mr Middleton opened the public hearing Mellissa Klemenhagen 3174 Summer Fields Green asked whether there would be a water tower on the property it was noted that the City has requested that the developer provide a site for a well pump house only not a tower Ms Klemenhagen also questioned the amount of park space and she asked whether the lake lots are included in computing the average lot size Heidi Burns Mid Oaks Avenue asked about the alignment of the existing 72nd St and whether anything could be done to level out the hill She spoke of existing safety concerns and suggested the development will increase traffic Ms Burns also asked about the proposed trail where it would start and end and what the trail would connect to Michelle Whitehead 3183 Summer Fields Green asked who the builder would be and asked about the style of homes proposed for the development Mr Dulach provided an architectural rendering of a proposed home No other comments were received and the hearing was closed Mr Milbrandt questioned the amount of proposed park dedication Mr Dulach reiterated that the developer is trying to work with the DNR regarding City acquisition of the DNR property adjacent to the site Mr Dulach said the development will be marketed to folks in the 55+ age category and he noted there are many parks in the nearby area he also said the developer is working with Grace Baptist Church regarding plans to provide playing fields on church property in the future Ms Block noted that in earlier discussions regarding the development proposal residents had pointed out that the play fields at Rutherford Elementary School are not available to the public and shouldn t be considered when determining park needs for this development Mr Kalmon questioned what the City would gain by obtaining the DNR property 3 I City of Stillwater Planning Commission February 12 2007 Mr Milbrandt spoke in favor of relaying action on the request pending review and comment by the Park Board he also stated he would like to see more details regarding the trail plan Mr Dahlquist stated feedback from the DNR remains a big issue and he asked whether that agency s comments could result in significant changes to the plans Mr Pogge stated it is possible the DNR comments could result in significant changes Mr Dahlquist also expressed a concern about another north -south road connection given the likelihood that Minor Avenue will be extended to County Road 12 in the future Mr Carlsen spoke in favor of trying to acquire public property along the north side of the lake as well as in favor of larger lot sizes in the development Mr Dahlquist seconded by Mr Wolden moved to table this application pending comments from the Park Board and DNR Motion passed unanimously Case No 07-10 Amendment to a Planned Unit Development for Washington County Government Center for expansion of the government center campus and any variances related thereto Don Theisen applicant Planner Mike Pogge reviewed the staff report and findings He noted that it is recommended the tree protection plan be amended in order to save as many trees on the southern portion of the site as possible He also pointed out that a condition of approval is that the gravel road from the Law Enforcement Center to Pans Avenue North be removed or paved with an access control mechanism installed to limit traffic Mr Dahlquist referred to the increase in the number of parking spaces and a concern about the increased traffic and access to Highway 36 It was noted the County will be installing signals at Osgood and 62nd street as a temporary solution Mr Milbrandt pointed out that improvements to the Highway 36 corridor in conjunction with a new river crossing have gone by the wayside Ann Terwedo senior planner for Washington County briefly reviewed the overall proposal She noted that the plans will not create much more surface on the campus site as the proposal is to build up on the existing building pad Ms Terwedo also stated she would like more feedback from the Sheriff s Office regarding the condition relating to the gravel access from the Law Enforcement Center to Paris Avenue Ted Schoenecker reviewed storm water treatment plans Joel Dunning reviewed building plans Mr Middleton opened the public hearing The resident of 15143 Upper 63rd Street stated the gravel road in question is not used for emergencies only She questioned whether a five -story structure is in keeping with the neighborhood She spoke of the overall impact of the government center on the neighborhood an impact ranging from the sounds of snowplowing to lighting She questioned whether a proposed pathway around the campus would be open to the public and also expressed a concern about retaining trees on the eastern portion of the site Dewey Miller 810 W Pine Street spoke of the concept of community -based services versus centralization of services He also questioned the proposed building design No other comments were received and the hearing was closed Ms Terwedo responded that the trees on the eastern portion of the site will be retained She noted that earlier plans called 4 ( City of Stillwater Planning Commission February 12 2007 for a road around the center those plans were eliminated as a result of conversations with Oak Park Heights and Stillwater The ring road has been replaced with pedestrian access around the campus She again stated that she would need more information from the Sheriffs Office regarding the access to Paris Avenue Regarding lighting Ms Terwedo noted the County is following Oak Park Heights regulations which are more restrictive than Stillwater s Mr Milbrandt moved approval with the 21 conditions as recommended by staff with County and City staff and Sheriff s Office to develop the specifics relating to Condition No 21 (the access to Paris Avenue) Mr Kalmon suggested that based on comments heard from the public the County should go out of its way to mitigate the impact of the government center on the surrounding neighborhood Motion to approve as conditioned passed unanimously Case No SUP/93-41 Review of the special use permit for the Elephant Walk Bed and Breakfast at 801 W Pine St and any variances related thereto Community Development Director Turnblad explained that because two anonymous complaints had been received regarding on -street parking a public hearing was scheduled to allow neighbors the opportunity to be part of the annual review process for the special use permit Mr Turnblad noted that the Elephant Walk does meet the B&B parking regulations -- one off-street space per guestroom and additional off-street spaces for owner use The Elephant Walk meets all 11 conditions attached to its special use permit Mr Turnblad stated He said other complaints that have been received appear to be personality conflicts between the owners and neighboring property owners Mr Middleton opened the public hearing Dewey Miller 810 W Pine St spoke in favor of the Elephant Walk and the fine things it contributes to the neighborhood He also stated he had never had a problem regarding guests parking on the street Joe Thompson 828 W Willard stated he had written the letter of complaint He related an incident in which one of the Elephant Walk proprietors called the police because his children were outside and making noise at 7 30 p m at night Tom Tierney 717 W Pine St stated he had been opposed to the last three requests related to the Elephant Walk including the addition to the garage He related a number of conflicts with the proprietors ranging from the placement of a fence to snow removal issues He stated that on -street parking is an issue Sherry Wexler stated she was at the Thompson home during the incident when police were called due to the children making noise and she related her feelings about the incident Kevin Shoeberg attorney representing the Elephant Walk owners noted that the business is in compliance with all conditions of the special use permit and a parking ticket has never been issued With respect of other issues he stated there is obviously a difference of opinion regarding the appropriateness of the level of noise Mr Shoeberg noted that no permit can 5 f City of Stillwater Planning Commission February 12 2007 guarantee there will not be a personality conflict He reiterated that no complaints have to do with the nature of the business Terri Kampmeyer 811 W Pine St stated they have never had a problem with the owners or guests In fact they have had a friendly relationship with their neighbors Owners of the Sauntry Mansion Ann Bean and Rivertown Inn B&Bs all spoke on behalf of the Elephant Walk owners speaking of the business s fine reputation It also was noted that any revocation of a special use permit must be directly related to the SUP under which it operates Rita Graybill owner of the Elephant Walk briefly spoke on her own behalf Other letters of support were included in the agenda packet Kelly Franz Da!lager Court asked that fair consideration also be given to the Thompsons situation Dean Mattson 722 Pine St stated he was puzzled by the review of private issues in a public forum He stated he had been a neighbor of the Elephant Walk for 15 years and had never had a problem Michelle Gerard Country Road spoke on behalf of her daughter who was present at the Thompsons house when police were called by the Elephant Walk proprietor She said the children were scared and had to do a police report Julia Sandstrom 212 W Cherry St also spoke on behalf of the Thompsons No other comments were received and the hearing was closed Mr Dahlquist noted that there are issues involved here but not issues associated with the operation of the business and moved approval of the renewal of the Elephant Walk SUP Mr Middleton seconded the motion motion passed unanimously Meeting was adjourned at 11 15 p m on a motion by Mr Meinke Respectfully submitted Sharon Baker Recording Secretary 6 9115 .■I■. OrAPI9© 21113111 PALER IRIPRIERUPI INCIF mrArilt" IMAMEEN MUDIFAIMEMP/1011,14 g `rMtn _ ke 1p Lngnwa Ing L)ipartnient March 12, 2007 Planning Commission Project Locations 07-11 Kochendorfer Annexation 07-13 Floen Variance 07-13 Farr SUP 07-14 Kramer Vanance 07-15 Stillwater Rezoning 07-07 Millbrook Development 07-09 Legacy on Long Lake Development Seasonal Plant Sales (2 locations) Whafage Permit F r B I R F1 A 0 M I N F FSOIA Planning Commission DATE APPLICANT Stephen and Barbara Kochendorfer REQUESTS Annexation LOCATION 8080 Neal Ave North March 8, 2007 CASE NO 07-11 COMPREHENSIVE PLAN DISTRICT RR - Rural Residential ZONING None (Currently in Stillwater Township) CPC DATE March 12, 2007 REVIEWERS Public Works Director, Community Development Director, Fire Chief, Interim Police Chief PREPARED BY Michel Pogge, City Planner /3/0r DISCUSSION Stephen and Barbara Kochendorfer have submitted a petition for annexation of their 1 25 acre homestead property at 8080 Neal Ave North Recently their septic system failed and they are now requesting to be annexed into the City of Stillwater in order to connect to nearby public Sanitary Sewer Ultimately the property could be divided to create up to four lots for single family homes The applicant at this time has no intent to divide the property and a subdivision is not part of this request PREVIOUS CITY COUNCIL ACTIONS Due to the urgency created when the applicant's septic system failed, the City Council approved a development agreement on January 16, 2007 allowing the Kochendorfer's to connect the City's public sanitary sewer system Part of that agreement required that the Kochendorfer's make application for annexation into the City, which this request fulfills 8080 Neal Ave N ,. -"age 2 EVALUATION OF REQUEST 1 Orderly Annexation Agreement (OAA) • According to the OAA, the subject property is located in the Phase IV annexation area This area is not scheduled for annexation until 2015 • However, the infill provision of the OAA (Section 4 09) allows the City Council the discretion to approve smaller "infill" annexation if each of the criteria below are satisfied o 100% of the subject landowners have signed an annexation petition ■ This criterion is satisfied o The property is adjacent to the City ■ The property to the west is already within the City This criterion is satisfied o The level of growth in the entire area regulated by the OAA has not exceeded 120 permits per year ■ This criterion is satisfied There have been a number of years, including as recently as 2006, in which 120 building permits were not issued Consequently, there is a reserve of building pernuts that the City is allowed to issue now • Section 4 08 of the OAA does not obligate the City or Township to approve an annexation request even though it may satisfy all of the provision of the OAA o If City utilities are not available or are not sized correctly to serve the applicant's property, the annexation should not be approved ■ The public works director notes that both water and sewer are available in the area and they have the depth and size necessary to service the property Therefore, utilities are not a concern that would prevent annexation 2 General comments on potential subdivision • The current request is only for annexation If the annexation is approved, then the property owners would need to make application subdivision in order to divide their property • The applicant has verbally indicated to staff that they do not intend to subdivide their property in the immediate future • When Neal Meadows, the development that this property is located in, and Creekside Crossing, to the west, were developed homes in Neal Meadows were placed to allow properties to be subdivided to create two are three additional building sites once urban water and sanitary sewer service became available • Since future subdivision was anticipate and accommodated in the design of the Neal Meadows and Creekside Crossing developments the subdivision of this property can be accommodated without impacting adjacent property owners • Together with the subdivision application, the landowner or future developer will also have to request a Comprehensive Plan land use map amendment 8080 Neal Ave N , _Page 3 reguiding the property form it current RR, Rural Residential classification Since the properties to the west and east are guided for SFLL, Single Family Large Lot, it may be logical for the application's property to be guided for the same land use and density • Upon annexation, the property will automatically be rezoned to A-P, Agricultural Preservation by the state municipal board So, a rezoning to perhaps RA, Single Family Residential (10,000 square foot minimum lot size) will have to be requested along with the subdivision and comprehensive plan amendment application ALTERNATIVES The Planning Commission has the following options 1 Recommend approval of the requested annexation 2 Recommend denial of the requested annexation 3 Continue the public hearing until the next meeting for more information RECOMMENDATION In general the City Council has established a position that annexation and development in the western portion of the City should be delayed until the 2008 Comprehensive Plan has been completed and adopted However, the Council has made allowanced to annex small acreage properties Since the applicants live on a property that is only about 1 25 acres in size, and the total number of potential lots is very small, the annexation request would seem to be consistent with the Council's position of allowing small acreage properties to be annexed Therefore, staff recommends approval Attachments Applicant's Form and Location Map CC Stephen and Barbara Kochendorfer 677-// mg-,aJ/ Petition for Annexation This Petit,L 'Ade this day of 54, e ear r� 1 Property 1C-(4 ‘.n c/ r (e is owner of the property located at F5O 6D iJP cl Ave N PID 1703oZo /q'OoO legal to govern (lengthy legal) according to the plat therein c , ' ie and of record in the Office of the County Recorder at Washington County S4-eTkev, rbe , 20_ byr �cr- 2 Adjacency That the property of the owner is now within the Town of Stillwater and is adjacent to and shares a border with the City of Stillwater (The "City") all in Washington County, Minnesota 3 Orderly Annexation That Section 4 09 of the Agreement Between the City of Stillwater and the Town of Stillwater for Growth Management, Orderly Annexation and the Exercise of Joint Powers for Planning and Land Use Control, dated August 16,1996 (The "Orderly Annexation Agreement") allows owners of property adjacent to the City to petition for annexation of their property to the City 4 Request The owner therefore hereby petitions the City for annexation of his/her property to the City pursant to Section 4 09 of the Orderly An xation Ag e�t Dated RECEIVED JAN 2 5 2007 Signature of Property Own COMMUNITY DEVELOPMENT DEPARTMENT /9OL 2 /4/0l o 4 City Council Meeting — 07-02 January 16 2007 Ayes Councilmembers Gag Milbrandt Polehna and Mayor Harycki Nays None Possible approval of contribution toward July 4 Fireworks City Administrator Hansen explained the City has been asked to contribute $15,000 to help defray the cost of fireworks and provide amenities such as Port -a -Potties for the July 4 celebration Mr Hansen noted that traditionally the City has contributed to the July 4 fireworks not the Lumberjack Days celebration Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to approve the $15 000 City contribution for fireworks All in favor Possible approval of Developers Agreement relating to 8080 Neal Avenue utility hookup City Administrator Hansen noted this issue was discussed at the last Council meeting The request relates to a property located just outside the City limits the property has a failed septic system and the owner would like to hook up to City services Attorney Magnuson explained the specifics of the agreement, which requires the property to be annexed to enable the City to charge for hookup fees and water/service services, but prevents the subdivision of the property until the owner goes through the normal platting process Motion by Councilmember Gag seconded by Councilmember Polehna to adopt Resolution 2007-24, approving development agreement with Stephen J & Barbara K Kochendorfer Ayes Councilmembers Gag, Milbrandt Polehna and Mayor Harycki Nays None There was discussion of the requirement that the property be zoned AP when it is annexed, it was noted that the upcoming Comprehensive Plan update will likely resolve issues related to the AP zoning Discussion on National League of Cities conference City Administrator Hansen stated the Conference is scheduled for March 10-14 in Washington DC Mayor Harycki asked for discussion as to how many Councilmembers should attend, and asked how much has been budgeted for attendance Mr Hansen stated this is an important conference and suggested that the Mayor should attend if at all possible Councilmember Milbrandt suggested it might be good for Mr Gag to attend as a new Councilmember, Mayor Harycki suggested that it might be good for the new Council appointee to attend as well City Administrator Hansen asked that anyone planning to attend contact him as soon as possible Mayor Harycki suggested making tentative arrangements for three people, himself, Mr Gag and the new appointee Page 5 of 9 a 8 A T H P I A [ 0 t N 1J F U A DATE March 8, 2007 APPLICANT Craig and Carrie Floen CASE NO 07-12 REQUEST 1) Front setback variance from Laurie Court 2) Front setback variances from Fairmeadows Road 3) Impervious coverage variance LOCATION 2214 Fairmeadows Road COMPREHENSIVE PLAN SFLL, Single Family Large Lot ZONING RA, Single -Family Residential HEARING DATE March 12, 2007 REVIEWERS City Planner, Public Works Director PREPARED BY Bill Turnblad, Community Development Director BACKGROUND Craig and Carrie Floen would like to construct two additions onto their home at 2214 Fairmeadows Road One would be a master suite on the east side of the home The other would be an addition to the garage The garage addition would increase the size of the garage but it would also create an entrance from the garage directly into the house Currently there is no direct entrance to the house from the garage With the garage improvements the overhead door would be moved from Fairmeadows Road to Laurie Court This would result m removing the driveway to Fairmeadows Road and building a new one onto Laurie Court In 2004 the Floens were granted a rear yard setback variance to construct an addition within 12 feet of their rear lot line, which is their northerly lot line SPECIFIC REQUEST In order to build the desired additions the Floens would need four variances Three of them are street setback variances and one is a variance from the maximum impervious surface allowed on a lot in the RA Zoning District Specifics of the four variances are Floen Variances March 8 2007 Page 2of3 A) Approval of a variance from City Code Section 31-1 Subd 11(4)a 5, which lirruts total impervious coverage (roofs, driveways sidewalks patios, etc) in the RA Zoning District to 30% The proposed impervious cover is about 39% 1 This includes the roof cover of the existing house proposed additions new driveway existing parking slab off of Laurie Court and the patio/front sidewalk area The 39% impervious cover represents a 30% increase in the maximum amount of impervious cover permitted B) Approval of three variances from City Code Section 31-1, Subd 11(4)a which requires a muumum front lot line setback of 30 feet m the RA Zoning District 1 The proposed master suite would have a 27 foot setback from the lot line on Fairmeadows Road This would require a 3 foot variance, which represents a setback that is 10% less than the minimum requirement 2 The proposed garage addition would have only a 16 foot setback from the lot lute on Fairmeadows Road This would require a 14 foot variance which represents a setback that is 46 7% less than the minimum requirement 3 The proposed garage addition would have a 22 foot setback from the lot lute on Laurie Court This would require an 8 foot variance, which represents a setback that is 26 7% less than the minimum requirement EVALUATION OF REQUEST The number and magnitude of the requested variances together with the sizable impervious cover variance needed for the additions are indicators that the proposal would exceed the capacity of the property to support the project Said another way, the proposal seems to be overbuilding the RA zoned lot Impervious cover variance The current impervious cover on the property is about 30 5% Therefore, any additional impervious cover on the property would require a variance The proposal it to cover more than 39% of the lot Open space is an important aspect of land use in any neighborhood, but especially in residential neighborhoods In the RA zoning district 70% of a lot is required to be open space This open space serves not only as yard for families, but also as an important part of the City s stormwater treatment capacity Any yard area that accepts rainwater rather than shedding it helps stormwater treatment and improves the quahty of water in receiving basins Variances If the impervious surface coverage were not exceeded the proposed 3 foot variance for the master suite would probably be satisfactory It is after all only a 10% variance request However the variances for the garage setbacks, especially from Fairmeadows Road are not as easy to justify The 16 foot setback from Fairmeadows Road is about a 50% variance from the minimum standard The proposed setback is even closer to the road than would be allowed m our least restrictive residential district the RB district Even m the RB district a 20 foot setback is the minimum allowed The coverage calculations are estimated based upon County GIS data County assessor s information air photography and a plot sketch submitted by the applicants No certificate of survey has been submitted Case D7-11 8080 Neal Ave N Stephen and Barnara Kochendorfer N A I-LJZJ I I 0 85 170 340 510 1 inch equals 300 feet City of Stillwater, MN Feet Community Development Department 680 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax Floen Variances March 8 2007 Page 3 of 3 The main improvement that the garage addition would provide is a direct access into the home Undeniably it is more convenient to be able to go from the garage directly into the house However if the variance is denied it would not preclude reasonable use of the property It still functions reasonably as a single-family property even if it is necessary to walk out of the garage to get mto the house ALTERNATIVES The Planning Commission has several alternatives A Approve If the proposed variances are found to be acceptable to the Planning Commission, it could approve them B Approve in Part If the Planning Comnssion fmds the variances for the master suite to be acceptable but not the variances for the garage addition, it could approve the master suite variances and deny the garage addition variances C Deny If the Planning Commission fmds that none of the requested variances are advisable it could deny them With a denial, the basis of the action should be given D Table If the Planning Commission needs more information to make a decision, the requests could be tabled However the Planning Commission does not meet again until April 9 and the 60 day review deadline is April 8 2007 Therefore to table the decision requires pernussion from the applicant to extend the review deadline RECOMMENDATION Since the property is already at its maximum permitted impervious surface coverage, staff recommends denial of all of the variances cc Craig and Carrie Floen attachments Location Map Area Map Plot Plan Applicant s materials . 14 at:‘,- C )mmumty DEN dorm -tent Denarlment Location Map Floen Variances Exhibit A (4! Community I kkclnpnau Ik-lvumwni Area Map Floen Request Exhibit B Streets and driveways Property lines Buildings Floen home Proposed additions mg Original footprint LA 2004 addition n Water basins A C it\ of Community DC\elopment Department Plot Plan Floen Variances Exhibit C t February 6, 2007 Planning Commission City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re Variance request for 2214 Fairmeadows Road Dear Sir or Madam We are respectfully requesting the Planning Commission to review and approve our request for a variance to our home at 2214 Fairmeadows Road Enclosures 1 Planning Administration Application Form 2 Payment for application 3 Letters from neighbors 4 Outline of variance request 5 Site plan We have decided to remain in our current home rather than move to another home provided we are able to make the following modifications 1 Addition of a master bedroom (no variance required) 2 Reconfiguration of our garage 3 Remodel the kitchen and dining room (no variance required) In order to accomplish the above -referenced items, we need to extend the front of the garage by 14 feet toward Fairmeadows Road We also need to extend the side of the garage by 8 feet toward Laurie Court Our plan is to turn the entrance to the garage to face Laurie Court This does not impact any of the curbs or streets on either road We know that this slight modification will enhance the use of and modernize our home as well as improve the curb appeal and in turn the neighborhood This project will benefit our neighbors by the unproved curb appeal and increased property value The entire project will be completed under the supervision of our general contractor, Mr Trace Johnson We greatly appreciate your anticipated support of our investment into our family, our home and our neighborhood Sincerely, Craig and Carrie Floen -------------- PLANNING ADMINISTRATION APPLICATION FORM COMMUNiTY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER RAN 55082 Case No Date Fled Fee Paid' Receipt No ACTION REQUESTED Special/Conditional Use Permit X Vanance Resubdivision Subdivison* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development' Certificate of Compliance The fees for requested action are armed to this application *An escrow fee is also required to offset the costs of attorney and engineering fees The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application All supporting material (I e , photos, sketches, etc) submitted with application becomes the property of the City of Stillwater Sixteen (16) copies of supporting material is required If application Is submitted to the City Council, twelve (14 copies of supporting nmateriai is required A site plan is required with applications Any incomplete application or supporting material will delay the application process PROPERTY I DEN TI RCATI ON Address of Project 1 Li P-'cte fin.e4 lu.ri heal Assessor's Parcel No Zoning Distnct Descnption of Protect 11.1/1i }![ + / g-ewtockI IGEO Code) "1 hereby state the foregoing statements and all data, information and evidence submitted herewith In all respects,, to the best of my knowledge and belief, to be true and correct 1 further certify I will comply with the permit if it is granted end used " Property Owner Representative Mailing Address t 4 RI,rr1..,umic�. t e() Mailing Address City - State - Zip City - State - Zip h11L4J'44'J HP Ss-c3za Telephone No (o) 1- o7 k -q ad) /roil- -Ty,- Telephone No (Signature is required) Lot Size (dimensions) t ds x j). Land Area Height of Buildings Principal Accessory Stories Feet Signature (Signature is required) SITE AND PROJECT DESCRIPTION Total Building floor area square feet Existing a uoc"_% square feet Proposed . 40 square feet Paved Impervious Area square feet No of off-street parking spaces f. Variance Request for 2214 Fairmeadows Road 1 Accordmg to the City, variances are provided when "conditions are such that the strict apphcation of the provisions of this ordmance (zoning development regulations) would deprive the applicant of the reasonable use of such land or building " The problems with our house are as follows a There is no entry directly from the attached garage to the house (without going outside) b The house does not have a mud room/large entry way (to accommodate a family with four children) c The garage is not large enough to hold two vehicles and garbage cans By allowing this variance, this will allow us "the reasonable use of our home" and modenuze our home 2 The front of our garage is currently 45 feet from the curb By allowing a 14 foot vanance, we still would be 31 feet from the curb, which is far greater than three homes in our neighborhood including many houses in older areas of Stillwater and m the newer developments such as Liberty on the Lake We do not have a public sidewalk 3 The side of our garage is currently 45 feet from the curb By allowing an 8 foot vanance, we still would be 37 feet from the curb, which is far greater than three homes in our neighborhood as stated above 4 As people begin to purchase the older homes m Stillwater, it would be m the best interest of the city and its residents to allow some flexibility to people who are purchasing and refurbishing the older homes If the rules are too rigid, people will be deterred from making these important investments into our neighborhood 5 Our request for this variance improves our home, the city and our neighbors by improved curb appeal, increased value of the home and a higher tax base 6 Our plan is to eliminate the current dnveway and turn the garage to face Laune Court This will provide a better curb appeal to the front of the house as the garage will not be the central focus The dnveway will run between the 2-trees, where the grass cannot grow due to the abundance of shade trees Please note that we do not plan to ehminate any of the trees but plan to save the mature trees and add more landscape features 7 Our large comer lot is larger than many of the neighboring lots allowing us more flexibility with the arrangement of the house We are the only house on our street where the garage is extended in front of the house By allowing our changes, this will again add to the curb appeal The size of our lot allows us some room and flexibility for the vanance request INTERLACHEN DRIVE cuff s recOvavi ziI 4 0 N ;� t -7ua1 01 1 1 r r4 (Ivn 01 g CR-V105. ti1tL..er 8 8 T H P L A ( 0 f1 NNE 0 0 DATE March 5, 2007 CASE NO 07-13 TO Planning Commission REQUEST Special Use Permit for Downtown Outside Sales APPLICANT Steve Farr LAND OWNER Will Rogers LOCATION Between 243 and 229 S Main St MEETING DATE March 12, 2007 REVIEWED BY Fire Chief, Public Works Director, City Planner PREPARED BY Bill Turnblad, Community Development Director 3 BACKGROUND Steve Farr would like to operate a vending cart business in downtown Stillwater The business would cater to bar patrons and would therefore be open only from 10 30 PM to 2 30 AM on Thursday Friday and Saturday nights Mr Farr proposes to locate the cart on property owned by Will Rogers between 229 and 243 South Main Street This is the open area just north of Marx Restaurant Originally the vending cart was proposed to be located on the City sidewalk next to the open area owned by Mr Rogers However it is City pohcy not to allow vending on the public sidewalks Consequently, Mr Farr has entered into negotiations with Mr Rogers to operate the business on his property Negotiations are not yet complete SPECIFIC REQUESTS Vending cart businesses are considered outside sales " Outside sales are allowed in the CBD, Central Business District only if a Special Use Permit is issued for the business 1 Therefore, Mr Farr has requested the Planning Commission to approve a Special Use Permit for the vending cart business City Code Ch 31 1 Subd 17(3)q Farr SUP March 5 2007 Page 2 EVALUATION OF REQUEST The Planning Comrrussion may grant a Special Use Permit when the following findings are made2 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, If the vending cart is located on the privately owned open space off of the public sidewalk City staff believes this finding can be made 2 Any additional conditions necessary for the public interest have been imposed, and 1 A garbage can shall be provided by the business for customers 2 The business owner shall be responsible for obtaining a permit from the Washington County Health Department prior to beginning operation 3 The use or structure will not constitute a nuisance or be detrimental to the public welfare of the community If the vending cart is located on the privately owned open space off of the public sidewalk City staff believes this finding can be made ALTERNATIVES The Planning Commission has the following options 1 Approve the requested Special Use Permit with the following conditions a The vending cart must be operated on private property only b A garbage can shall be provided by the business for customers c The busmess owner shall be responsible for obtaining a pernut from the Washington County Health Department prior to begmrung operation 2 Deny the Special Use Permit 3 Continue the public hearing until April 9 2007 for the private lease negotiations to be completed The 60 day decision deadline for the request is April 17, 2007 RECOMMENDATION City staff believes that the proposed vending cart satisfies the necessary findings for an outside sales SUP and therefore recommends approval with the three conditions detailed above attachments Exhibit A Location Map Exhibit B Neighborhood Map Applicant s Letter cc Steve Farr 2 City Code Ch 31 1 Subd 30(1)d 4, V Road centerlines xisting Land Use ® AGRICULTURAL RESIDENTIAL (MISC.) RES 1 UNIT RES 1-2 UNITS 3j RES 2 UNITS RES 2-3 UNITS I i RES 3-4 UNITS TM RES 4 OR MORE UNITS I. COMM LAND & BLDGS En INDS LAND & BLDGS ® INSTITUTIONAL Ngi OPEN SPACE PARK OR TRAIL RIVER 1111 SURFACE WATER RIVER ISLAND VACANT ROADWAY Location Map Farr Vending SUP Exhibit A Communinv Development DenjAmem Neighborhood Map Farr Vending SUP Exhibit B 1 Downtown Dogs Proposed hot dog vendor for downtown Stillwater Downtown Dogs is a proposed hot dog vendor business located in Stillwater Minnesota A sole proprietorship Downtown Dogs will be owned and operated by one person, Steve Farr Steve Farr has been a Stillwater resident his whole life, he loves the area and plans on providing its citizens with this food service Downtown Dogs has found a need in the market and created a business to satisfy this need Downtown Stillwater has a large number of dunking establishments providing a vanety of entertainment to the area However in the late night and early morning there is no place to eat All restaurants are closed and the bars do not serve food all mght Downtown Dogs will take advantage of this opportunity problem by placing a hot dog vendor cart downtown to supply a quick meal to bar patrons Since the weekend is a very popular time for Stillwater nightlife, Downtown Dogs will operate from 10 30pm to 2 30am on Thursday, Fnday and Saturday nights Downtown Dogs will focus on one target market, the Patrons of Stillwater's downtown dunking establishments Downtown Dogs will penetrate this market by being located in a high traffic area that is convenient and accessible It is not the intention of Downtown Dogs to take business away from local restaurants Downtown dogs will begin operations after all other eatenes have closed for the night Downtown Dogs proposed location is next to Marx's Wine Bar This spot while adjacent to Marx's is also centrally located and very near to Whitey's (kitty corner), The Mad Capper (across the street), Bnnes (two doors north), The Freight House (behind), Loggers (1 Y2 blocks north), Ruby Begonias (2 blocks north), St Croix Live (1/2 block south) Due to its close proximity to all of these bars this area receives a lot of foot traffic The cart will be set up on the sidewalk taking up approximately 4'x3' of space, this will leave 6'6" of sidewalk width unobstructed This is just a proposed location, I am aware that the exact location may be up to the decision of the planning commission and am willing to negotiate Three Frans 113 t 0 P C(eireiWesle Term f+a3Water Lin Crawners Quds -0 Litto 6' Fera1~ 6 Two, P S 1i5"%6" Cart Diagram Ural) W r rIii 5 ration raster rank owe Tante attire stage regulaler At Off Vaie fit lwa ter R F T H P I A F 0 1 NNE U A Planning Commission DATE REQUEST APPLICANT LOCATION MEETING DATE REVIEWED BY PREPARED BY March 8, 2007 CASE NO 07-14 Variances to construct a 32' long by 16' high golf ball netting Michael Kramer 1931 Oak Glen Place March 12, 2007 Community Development Director Michel Pogge, City Planner/le BACKGROUND Mr Michael Kramer has made application for a variance to allow him to install a 32 long by 16' high golf ball netting/fence to protect his home from being hit by golf balls hit off the 13th tee on the Oak Glen Golf Course REQUEST The Kramer s property is zoned RA, One -Family Residential In a residential district the maximum allowable height for a fence is six feet' Consequently, the fence is not permissible unless a variance to exceed the maximum fence height is granted EVALUATION OF REQUEST The Planning Commission may grant a variance when all of the following conditions are found2 1 A hardship peculiar to the property, not created by any act of the owner, exists Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance The home at 1931 Oak Glen Place was constructed along a golf course The design and layout of the lots and golf course was done by the original developer and not the current property owner This layout and proximity to a golf course effects few homes in Stillwater and is thus unique City Code Ch 31 1 Subd 24 (16) d 1 2 City Code Ch 31 1 Subd 30 (2) d 1931 Oak Glen Place Page 2 2 A variance is necessary for the preservation and enjoyment of substantial property rights, and, if granted, would not constitute a special privilege not enjoyed by neighbors The property owner is subject to property damage from errant golf balls The intent of the fence/net is to protect personal property and the size of the net is limited to the area needed to provide this protection This is a situation that is uruque and is not seen in other parts of the community Staff does not view this as a special privilege that others in the community could not enjoy since such a request is not needed to protect personal property 3 The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan The proposed additions will have no negative impacts on any of the surrounding properties The fence is tucked close to the home and only spans the distance needed to protect the home ALTERNATIVES The Planning Commission has the following options 1 Deny the requested variances 2 Approve the requested variances in whole or in part If the Commission chooses to approve the variance staff would recommend the following conditions of approval a All revisions to the approved plan shall be reviewed and approved by the Community Development Director b The fence/netting be limited to 16' tall by 32' long and be located along the south side of the home c The fence/netting shall not be placed within the 10' drainage and utility easement that runs along the southern side property line 3 Continue the pubhc hearing for more information The 60 day decision deadline for the request is April 17, 2007 and the next Planning Commission meeting is scheduled for April 9, 2007 RECOMMENDATION Staff finds the variance review criteria have been met and recommends that the Planning Commission approve the requested variance attachments Applicant s Letter Applicant s Plot Plan cc Michael Kramer PLANNING ADMINISTRATION APPLICATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER MN 55082 Case No Date Filed Fee Paid Receipt No ACTION REQUESTED Special/Conditional Use Permit X Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance *An escrow fee is also required to offset the costs of attorney and eng►neenng fees The fees for requested action are attached to this application The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with anyapplication All support►ngmaterial (► e , photos, sketches, etc) submitted with appl►cat►on becomes the propertyof the Cityof Stillwater Sixteen (16) copies of supporting material is required If appIicat►on is submitted to the City Council, twelve (12) copies of supporting material is required A site plan showing drainage and setbacks ►srequired with applications Any incomplete application or supporting material will delay the application process After Planning Commission approvals, there is a 10-day appeal period Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits PROPERTY IDENTIFICATION Address of Project Mg/ Ofie GZE01.1 iCtifeE Assessors Parcel No R .2o o o old. 3SV oo/a-- /� . � (GEO de) Zoning District Description of Project Egecr Jr SD Lo>J6A6, 414.4/ (fit- iU 77 ;mac] �v 0t o -d IE- � ;.,r �y l F�cCs 47r c r /3 �TE4 oi) OAK 6 - ) 60i41" Lrpu►Q56 'I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct / further certify I will comply with the permit if it is granted and used Property Owner ,22/I AIL E MI MER Representative Mailing Address /431 avg.6.44.t.1 ,4 4C6 Mailing Address City - State Zip ST7[,1-4A7E—R, MA) 5SO494Q City - State Zip Telephone No Cz i (Dip - 9'co - 55-7 Signatur ( Telephone No Signature ignature is required) (Signature is required) SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Principal Accessory Total Building floor area square feet Existing square feet Proposed square feet Paved Impervious Area square feet No of off street parking spaces H \mrnamara\Sheila\PLANAPP FRM June 9 2006 Michael & Anita Kramer 1931 Oak Glen Place Stillwater, MN 55082 Cell 612-940-5529 February 15, 2007 Community Development City of Stillwater REQUEST FOR VARIANCE TO ERECT A GOLF BALL NETTING FENCE Location 1931 Oak Glen Place Stillwater, MN 55082 A golf ball netting fence is needed to protect our house from golf balls being hit from the 13th tee box on Oak Glen Golf Course Ours is the third house on the right side of the fairway from the tee box the tee box is elevated above the location of the house The fairway runs between houses and is rather narrow at the beginning of the 13th fairway Many golfers cannot hit the ball straight down the fairway, frequently they hit the ball to the right which results in the golf balls hitting our house Many of these errant balls have been hit quite hard and are traveling at a very high velocity of speed, these errant balls usually hit our house In the summer of 2006 we re -sided our house with James Hardy siding board The Hardy board replaces the original siding which was stucco The stucco needed to be replaced because of moisture and mold build up behind the stucco The golf balls simply bounced off the stucco and made no marks and caused no damage Unfortunately the golf balls break through the Hardy board leaving round holes in the side of the house We selected Hardy board because it's made mostly of cement and we expected the golf balls to bounce off just like with the stucco Unfortunately the Hardy board breaks when hit by the golf balls Consequently, as golf balls hit the house they leave round holes in the siding The damage caused by each golf ball not only makes the house look bad but each hole in the siding allows water to penetrate in back of the siding which causes moisture to accumulate in back of the siding and will eventually cause mold, mildew, and wood rot The value of our house will be negatively affected by this The house looks bad with holes in it and it will cost many thousands of dollars to constantly repair and replace the siding and to eventually treat the mold and mildew problems which in themselves are health hazards Additionally, the value of the house will be negatively affected if the house is not protected from the golf balls by a netting fence The netting fence will be mostly hidden from view since it will be located close to large pine trees, and other trees and shrubs It will blend into the landscape and not be obvious Ir if' *yr 44, t\.l 74.b 4$`Qo / z-e‘ r /27, ��, r + Iat~1 t. 1w' 1, tt_o -y-- 41 0 A.tr. 4L tN S 114 AObt-'ne»- I 'e o f ,o � J f,," 1 IV 4 C. fit- ' 1 br ALL 13es t o 4.A eta a bFN. MotstJ I \st-rr 414 1166 orb tEhrl /,f 30 O �a P o c, u , e; L. , 1t 91,+ Pe ► No-r--v-T i 0407 Le r.t .4-, 4 _ Z hereby certify that this survey was prepared by me or under my direct supervti.sion and that I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. Data o ,c ,g •41 /7/ L 'Roy 1 ' Bohlen RegisterAd Land Surveyor No. 10795 b� Case 07-14 1931 Oak Glen Place Michael Kramer N A I I Feet 0 75 150 300 450 600 1 inch equals 300 feet City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax i.Kb., :tea s _,:+ w Planning Commission DATE March 8, 2007 APPLICANT City of Stillwater CASE NO 07-15 PROPERTY OWNERS Larry & Laura Dauffenbach and Robert & Michell Sherlock REQUESTS Rezoning from A-P, Agricultural Preservation to RA, One Family District LOCATION 8262 and 8270 Neal Ave N COMPREHENSIVE PLAN DISTRICT SFSL, Single Family Small Lot ZONING A-P, Agricultural Preservation CPC DATE March 12, 2007 REVIEWERS Community Development Director PREPARED BY Michel Pogge, City Planner` DISCUSSION The City of Stillwater is making application for a rezoning of property at 8262 and 8270 Neal Ave N The City originally purchased the property from the Munkelwicz family for parkland, then marketed and sold the original home site and a vacant 78' x 280' parcel of land directly south of the home site These parcels were marketed as buildable and conforming lots However, since the City did not rezone them at the time from A-P to RA, the lots were neither conforming nor buildable Therefore the City has taken the initiative to rectify the situation 8262 and 8270 Neal Ave N Page 2 EVALUATION OF REQUEST Neighborhood Land Use Existing and planned land uses in the neighborhood are as follows North Munkelwicz parksite owned by the City of Stillwater South Single family residential developed as part of the Creekside Crossing and zoned RA East Single family residential developed as part of the Oak Glen 13th Addition and zoned RA West Munkelwicz parksite owned by the City of Stillwater Currently the subject properties are guided in the Comprehensive Plan as SFSL, Single - Family Small Lot The properties to the south and east are zoned RA A rezoning to the RA zoning (10,000 square foot minimum lot size) would not create a spot zoning situation and the RA zoning is consistent with the approved land use designation in the Comprehensive Plan As zoned RA the lots would be conforming for single-family residential structure ALTERNATIVES The Planning Commission has the following options 1 Recommend approval of the requested annexation 2 Recommend denial of the requested annexation 3 Continue the public hearing until the next meeting for more information RECOMMENDATION Recommend the City Council rezone the properties to the RA, One -Family Residence District Attachments Location Map, Zoning Map, and Comprehensive Plan Map CC Larry & Laura Dauffenbach and Robert & Michell Sherlock Case 07-15 8262 and 8270 Neal Ave N City of Stillwater [Dauffenbach and Sherlock] N A I-LrL( I I I Feet 0 75 150 300 450 600 1 inch equals 300 feet City of Stillwater, MN Community Development Department 216 North Fourth Street Stillwater, MN 55082 651-430-8820 — 651-430-8810 fax Community Development Department ity of Property lines Zoning Districts AGRICULTURE BUSINESS PARK COMMERCIAL NE BUSINESS PARK INDUSTRIAL BUSINESS PARK OFFICE GENERAL COMMERCIAL 1 CENTRAL BUSINESS DISTRICT CRD GENERAL HEAVY INDUSTRY ISLE PUBLIC ADMINSTRATIVE OFFICES I ONE FAMILY RAI TWO FAMILY HIGH DENSITY FAMILY MEDIUM DENSITY FAMILY POTENTIAL RIGHT-OF-WAY WATER LA COTTAGE RESIDENTIAL TRADITIONAL RESIDENTIAL mg LAKESHORE RESIDENTIAL VILLAGE COMMERCIAL MI TOWN HOUSE PUBLIC WORKS FACILITY COVE TOWNHOUSE RESIDENTIAL MEI COVE COTTAGE RESIDENTIAL .10 COVE TRADITIONAL RESIDENTIAL 1 City of Stillwater Dauffenbach and Sherlock Rezoning Zoning Map City of Community Development Department 1.11111. n Property lines Comp Plan Land Uses RR SFLL SFSL IASF • MF CN CC BPC NO BPO BPI RDP OPS PC ▪ CEM ® PG PM 1 PN ES ® SS RAIL ROW WAT WET 'OUT I PF �A Aa City of Stillwater Dauffenbach and Sherlock Rezoning Comprehensive Plan Land Uses AAA AAA AA AA AAAAA JJt!1. B FIIHPLA E 0 M N N E ti 0 I 0 DATE TO March 9, 2007 Planning Commissioners CASE NO 07-07 REQUEST 1) Final Plat and Final PUD Permit for Millbrook (First Addition) 2) Amendment to Preliminary Plat and Concept PUD for the Townhome portion of the development project APPLICANT J Liberacki, US Home Corporation LAND OWNER US Home Corporation LOCATION 12427 Dellwood Road MEETING DATE March 12, 2007 PREPARED BY Bill Turnblad, Community Development Director J At the February 12, 2007 meeting the Planning Commission opened the public hearing for Phase I of Millbrook After lengthy discussion on the proposed architectural changes the Commission continued the hearing until March 12, 2007 The purpose of the continuation was for US Home Corporation to incorporate comments from the Commission into revised architectural plans Subsequent to the 2/12/07 Planning Commission meeting, the Phase I plans were also discussed by the Park & Recreation Board, the Joint Planning Board and the Heritage Preservation Comrrussion • The Park & Recreation Board met on February 26, 2007 o Approved park and trail improvement plans for Phase I o Minutes are not yet available • The Heritage Preservation Commission met on March 5, 2007 o They tabled action on the townhome design issue until suggested guidelines for the orderly annexation area could be located and distributed to the commissioners for their review o Draft minutes from their meeting are attached • The Joint Planning Board met on February 28, 2007 o The minutes of the meeting are not yet available o Comments included Millbrook 1 S` Addition — Final Plat March 9 2007 Page 2 G Could there be increased architectural detail or variety on the rear of the single family homes on the western shoreline of South Twin Lake? • From the Township's perspective, views from TH 96 are important and the developer seems to have taken that seriously The townhome changes would have a better feel Though it would be nice if the ends of the buildings could be given more attention, perhaps by making them entrances to the units • Concern by the City representatives that the CR zone homes would no longer offer any single level living options ▪ Concern about a reduction in diversity of architectural elements and styles The developer has subrrutted a packet of architectural information that reacts to the public comment It is enclosed A note on process The city has extended the 60 day review period to May 12, 2007 By that date the City Council will have to come to a decision on the Phase I plans Therefore, it would be preferable if the Planning Comrrussion could take make a recommendation on March 12 This would give the City Council the opportunity to review the project over the course of two Council meetings City of Stillwater Heritage Preservation Commission March 5 2007 Present Vice Chair Jeff Johnson Robert Gag Larry Nelson Roger Tomten and Scott Zahren Staff present Planner Mike Pogge Absent Phil Eastwood Gayle Hudak and Howard Lieberman Mr Johnson called the meeting to order at 7 p m Approval of minutes Mr Tomten seconded by Mr Zahren moved approval of the minutes of Feb 5 2007 Mr Johnson asked that the second paragraph in the discussion of Case No 06- 05 ZAT be clarified to indicate that the block in question is between North Main and North Second Street between Commercial and Mulberry Streets Motion to approve the minutes with Mr Johnson s correction passed unanimously PUBLIC HEARINGS Case No 07-11 Public Hearing on lnfill Design Review in the Neighborhood Conservation District at 1817 N Second St in the RB Two Family Residential District Sean and Mollie Kane applicants The applicants were present Mr Johnson reviewed the staff report which indicated concerns relating to Intl!! Guidelines No 1 (massing and scale) No 3 (alignment and setbacks) No 4 (roof compatibility) No 5 (building height) No 9 (preservation of trees) and No 15 (four-sided architecture) Mr Zahren commented that he liked the Kanes plans but the proposed new home doesn t seem to fit with the neighborhood Mr Johnson noted that the intent of the InfiII Guidelines and City s study of historic neighborhoods is to preserve the blue collar working class character of the neighborhood Mr Kane stated that they were unaware of the guidelines and didn t know of the HPC until a week ago and he stated they would not have spent the money to purchase the property had they realized there would be a potential problem Mr Kane stated they had looked at newer homes in the neighborhood and want their home to fit in Mr Johnson expressed a concern with the proposed arts and crafts style of home given the design guidelines which suggest smaller structures in this neighborhood (Dutchtown) Mr Tomten referred to the new infill structure on Fifth Street where the design breaks down the massing of the structure into smaller elements so as to fit into the fabric of the neighborhood Mr Tomten pointed out there are ways to achieve a larger footprint and still be compatible with the adjacent structures There was discussion as to whether the Kanes owned the property in question before the City adopted the infill design guidelines It was determined that the guidelines were in place when the Kanes purchased the property (six months ago) but this was a time of staff transition Mr Kane again stated they were never aware of the guidelines until they came to apply for a building permit Mr Johnson pointed out that realtors knew of the existence of the guidelines and suggested that ignorance is no excuse and he suggested that it is not too late to incorporate design changes to bnng the structure more into compliance Mr Johnson suggested a design element to visually separate the garage from the house to reduce the amount of roof surface Mr Tomten suggested and provided some sketches utilizing smaller gable elements along the south elevation to break up the massing Mr Johnson also pointed out that the height DRAFT City of Stillwater Heritage Preservation Commission March 5 2007 of the structure appears as three stories on the rear elevation and suggested a design element to separate the foundation from the house to reduce the height appearance There was discussion as to how to proceed — whether to deny or table the application It was consensus to table the application to allow the applicants to make revisions Mr Zahren suggested that the applicants work closely with staff in the interim Mr Johnson opened the public hearing No comments were received and the hearing was closed Mr Tomten seconded by Mr Nelson moved to table this case until the April 2 meeting to allow the applicants an opportunity to bring back additional information/revisions to the house design Motion passed unanimously NEW BUSINESS Case No DR/07-09 Design review of proposed exterior and interior remodeling of the Rivertown Inn at 306 W Olive St in the RB Two Family Residential District Mark Jay Jay Bros Inc applicant Mr Jay was present He stated the proposed modifications are to the carriage house only not the main house Mr Johnson reviewed the proposed modifications — exterior painting removal of three old window frames installation of a new fireplace chimney replacement of an access door with French windows and replacement of air conditioning units on the north side of the building Mr Jay stated a decision had been made to paint the building (west side only) green to match the front It was noted the new chimney will result in an additional stack on the flat portion of the roof Mr Jay stated the intent is to replace an existing access door with French windows the 5x5 windows will be operational he said and will serve as an egress point It was noted the glass door is not original to the structure and was installed for egress Mr Jay explained the air conditioning units will be moved to the east side of the building by the grapery and be screened from view Regarding the removal of the window frames it was noted the windows have been drywalled over on the inside and are not operational Mr Tomten called it a bit of a stretch to view the frame as an historic element characteristic of the property when no one can see the frame or knows that it is there, Mr Tomten said he would have no problem removing the frame Mr Jay indicated the openings will be replaced with siding Mr Johnson pointed out that one modification not listed in the packet is the change to the skylight the skylight as proposed will be moved slightly to the left and the square footage reduced Mr Tomten moved approval of the requested modifications to the carriage house Mr Johnson seconded the motion summarizing the motion as approving painting the west side green to match the front, removing the window frames and re -siding the opening(s) and approving the new fireplace with additional roof stack replacement of the access door with French windows replacement/relocation of the air conditioning units and modification to the skylight Motion passed unanimously Case No DR/07-10 Design review of Millbrook Townhomes US Homes applicant The applicant was not represented at the meeting Mr Pogge noted the applicant has revised the townhome portion of the PUD utilizing a back-to-back townhome design similar to those in DRAFT City of Stillwater Heritage Preservation Commission March 5 2007 the Settlers Glen development versus the brownstone design originally proposed Mr Johnson questioned why the HPC was being asked to review the design and to what guidelines the proposal is being reviewed Mr Pogge pointed out that City code requires design review in the TH district but provides no cntena for that design review Mr Tomten suggested there might be something in the annexation area guidelines or Comprehensive Plan that may offer some direction for design guidelines such as guidelines regarding variety of housing types pedestrian connections streetscape etc Mr Tomten said he was disappointed in the proposed change in design but noted that the back-to-back units are the most efficient from a cost point of view Mr Gag expressed his frustration with the developer and pointed out the proposed townhome design does not fit the PUD Mr Gag suggested that it is the Commission s function to help determine what Stillwater will be like in 50 years and he suggested that there will be a glut of attached dwellings if current trends are allowed to continue Mr Johnson asked on what basis the Commission could approve or deny the design proposal Mr Johnson suggested that staff pull pertinent information together from the annexation guidelines and Comprehensive Plan so there is a basis for action Mr Gag moved to table this case Mr Johnson pointed out that as Council liaison to the Commission Mr Gag cannot vote Mr Nelson seconded by Mr Zahren moved to table this matter Motion to table passed unanimously OTHER BUSINESS Review of CLG grant application — Mr Pogge reviewed some changes to the final CLG grant applicant Changes included information regarding project products steps and responsible party he said Also as additional money is available the requested grant amount was increased from $8 000 to $10 000 he stated This was an information item and no action was taken Preservation Month — Mr Pogge reminded members that May is Historic Preservation Month He distributed the list of 2006 HPC cases and asked that members review the list and be prepared to discuss possible award winners at the April meeting Mr Pogge also spoke briefly of his attendance at the Minnesota Builders Association annual conference where he received helpful information on tuck -pointing and the proper use of mortars for tuck -pointing preservation projects State SHPO conference — Mr Johnson informed members that the annual SHPO preservation conference will take place June 12 2007 at the History Center He suggested that members especially members who are new to the Commission may want to consider attending the conference On a motion by Mr Zahren, seconded by Mr Tomten the meeting was adjourned at 8 45 p m Respectfully submitted Sharon Baker Recording Secretary DRAFT B N I II P L 4 L 0 M I N J C ti 0 1 4 DATE TO February 9, 2007 Planning Commissioners CASE NO 07-07 REQUEST 1) Final Plat and Final PUD Permit for Millbrook (First Addition) 2) Amendment to Preliminary Plat and Concept PUD for the Townhome portion of the development project APPLICANT J Liberacki, US Home Corporation LAND OWNER US Home Corporation LOCATION 12427 Dellwood Road MEETING DATE February 12, 2007 REVIEWERS Public Works Director, City Attorney, Interim Police Chief, Fire Chief, City Planner, City Forester PREPARED BY Bill Turnblad, Community Development Director BACKGROUND The City Council approved the Preliminary Plat and Concept Planned Unit Development (PUD) for Millbrook on August 15, 2006 Development of the project was planned to occur in three phases Application has been made for approval of Phase I Phase I is planned to proceed as two plats The first plat, known as MILLBROOK, is the subject of this report It consists of 30 single family lots in the CR, Cottage Residential Zoning District and 33 single family lots in the TR, Traditional Residential Zoning District The second plat in Phase I, to be known as MILLBROOK 2ND ADDITION would consist of about half of the townhomes and would be submitted this coming spring Phase I improvements would include not only the streets, utilities, grading, landscaping, etc for the 63 single family lots and 35 townhomes, but would also include mass grading of the whole site, extra turn lanes on TH 96, and grading and turf establishment for the c, Millbrook 15t Addition — Final Plat February 9 2007 Page 2 two active city parks The two parks are being platted as Outlot A and Outlot F (See attached final plat ) CITY REVIEW SCHEDULE Planning Commission (Public Hearing) February 12, 2007 Parks Board February 26, 2007 Joint Planning Board (Public Hearing) February 28, 2007 Heritage Preservation Commission (Design Review for Towhhomes) City Council (Public Hearing) March 5, 2007 March 6, 2007 60-Day City Review Deadline for PUD Permit Amendment March 14, 2007 120-Day City Review Deadline for Final Plat May 13, 2007 EVALUATION OF REQUEST The request before the City has two parts The first is approval of the Final Plat and Final PUD for MILLBROOK (1st Addition) The second part of the request is an amendment to the Preliminary Plat and Concept PUD for the townhomes The preliminary plans approved a "brownstone" style of townhome However, US Home Corporation no longer offers that style of townhome Consequently, the developer has requested an amendment to the preliminary plans to allow construction of a back-to-back townhome they call the "colonial series" in place of the brownstones A FINAL PLAT AND PUD FOR MILLBROOK The preliminary plat and concept PUD approval included 14 conditions The status of each is listed here 1 The Final Plat and Final Planned Unit Development application shall be substantially similar to the following plans prepared by Sathre-Bergquist, Inc , and on file in the Community Development Department, except as modified herein Site Plan dated 7/21/06 Phasing Plan dated 7/24/06 Buffer Averaging Plan (including trails) - 8 sheets dated 6/26/06 Preliminary Site Map* (Sheets SM2 - SM6) dated 1/17/06 Preliminary Plat (Sheets PP1-7) dated 3/30/06 Final Grading Plan (Sheets GP2, 3, 4, 4A, 5, 6) dated 4/12/06 Final Utility Plan (Sheets 2-5) dated 4/12/06 Preliminary Landscape Plan (Sheets 1-4) dated 2/1/06 *Except trails to be as shown in Site Plan dated 7/21/06 Millbrook Ist Addition — Final Plat February 9 2007 Page 3 Except for the townhome portzon of the project, the final plat submittals for Phase I are substantially similar to the approved preliminary plans A minor difference is that there are a few lots that have been shifted from Phase II and III to this Phase The first phase now proposes to include four lots that have lake views Also, three additional lots are proposed along Lowell Court in this phase Since a segment of the road is being built in this phase, it makes sense to build homes on both sides of the street instead of just one side 2 The developer shall complete a Lakeshore PUD worksheet and submit it to the Minnesota Department of Natural Resource's (DNR) Area Hydrologist prior to submitting an application for a final plat for Phase One If the DNR review results in substantial changes to the Preliminary Plat or Concept PUD plans, then the developer shall resubmit the Concept PUD and Preliminary Plat for review by the City and Joint Planning Board The PUD worksheet was submitted to the DNR on 1/16/07 However, the City has not heard back from the DNR 3 The trail and sidewalk system shall be constructed substantially the same as represented in the following plan sets on file with the Community Development Department a Carnelian Marine Trails - Revised (Sheets CM-1, 2, 3) dated 6-21-06 b Brown's Creek Trail - Revision 3 (Sheet BC 2b-1) dated 6-26-06 c Brown's Creek Trail - Revision 2 (Sheet BC 2-2 + 2-3) dated 6-22-06 d Revised Sidewalk Plan (Sheets SP-1, 2,3) dated 6-21-06 Park and trail plans for Phase I are consistent with the approved preliminary plans 4 All trails shall be paved This is proposed to occur and will be put in development agreement for Phase I 5 Prior to release of the final plat for Phase One, a blanket easement shall be provided over the open space outlot on the south side of South Twin Lake for trail purposes Should the Carnelian -Marine Watershed District rules ever change and allow a trail closer to the lake, the easement will give the City the right to construct that trail This is proposed to occur with this phase 6 Prior to release of the final plat for Phase One, the developer shall provide a 20 foot wide general easement allowing for future use for trails and utilities on the property along the south side of State Highway 96 right of way The easement shall be reviewed by the City Engineer and City Attorney and found satisfactory to them in both form and content The utility portion of the easement is included on the final plat for this phase A trail easement will also be created and filed with the plat 7 The trail connection to State Highway 96 along Outlot F shall be allowed as shown only if the wetland in the ditch is determined by a State licensed delineator to be an incidental wetland If it is not an incidental wetland, then the trail shall be realigned westward along the rear of Lots 17 through 19 Documentation from the Millbrook I st Addition — Final Plat February 9 2007 Page 4 delineator shall be submitted together with final plat application materials for the Phase One final plat This portion of the trail is in Phase II, so the delineation will be submitted together with Phase II application materials 8 Lots 129 and 149 adjacent to the trail access off of the roundabout will be restricted by covenant to have open rail fencing and non -continuous shrubbery not exceeding four feet in height along their side and rear lot lines abutting the trail corridor This is to provide for a more inviting entrance to the trail system Lot 7, Block 9 will need this restriction The covenants will need to be drafted and approved by the City Attorney prior to filing the final plat The covenants will need to be filed with the plat 9 The Developer shall provide water service stubs at each park with three stubs to be included at the large active park A sanitary sewer stub will be provided at the large active park at a place yet to be deterrruned by the City of Stillwater These stubs will be provided 10 The two active parks will be graded by the developer as part of the first phase of development and the developer shall establish turf to the satisfaction of the city prior to the City's assuming maintenance of same This shall at a rrunimum include mowing, fertilizing, rock picking, leveling, trimming, weed management and over seeding as necessary Target date for the first transfer of park land will be fall of 2007 Both active parks are being graded with this phase However, since the project was not begun in 2006 as originally hoped by US Home Corporation, the 2007 transfer date is not longer valid It would now be the fall of 2008 11 The Brown s Creek trail link on the Millbrook property that connects to the Carlson property to the south shall be installed by the developer at the same time that the Carlson property trail is constructed, if prior to construction of the final phase in Millbrook It appears that the Brown's Creek Reserve property will develop this summer So, US Home Corporation will connect the trail this summer 12 An as built easement map showing 30 foot easements where possible (minimum of 15 foot) for trails shall be completed and recorded as each section of trail is completed This condition will be put in development agreement for Phase I 13 Final civil engineering plans shall be found satisfactory to the Stillwater Public Works Director or they shall either be a) revised to his satisfaction, or b) reviewed by the City Council and approved The civil engineering plans have been reviewed by the City Engineer and found satisfactory 14 Prior to commencement of any grading on the subject property, the developer shall enter into a Development Agreement that is approved by the City Council Millbrook 151 Addition — Final Plat February 9 2007 Page 5 The Preliminary Plat Development Agreement is ready for signatures and will have to be executed prior to Council approval of the final plat for this phase B TOWNHOME AMENDMENT US Home Corporation no longer offers the brownstone style townhome which was proposed and approved with the Preliminary Plat and Concept PUD Therefore, they have requested an amendment to the Concept PUD and Preliminary Plat approvals to allow them to develop a back-to-back townhome instead As explained in the attached letter, US Home Corporation no longer believes that the housing market will support the brownstone as it would have 31/2 years ago when they began the planning process for Millbrook The back-to-back townhome product that is being proposed can be seen in the attachments entitled "The Colonial Series" and "Legacy Park Colonial Manor" In addition, the proposed new site plan and development plans are also attached From a zoning and subdivision code point of view, as well as a civil engineering point of view, the proposed townhome amendment is acceptable Therefore, if the Planning Commission desires, it could recommend approval of the proposed townhome amendment On the other hand, since the development as a whole is designed under the authority of a Planned Unit Development (PUD) permit, the City's negotiating position is stronger than it would be if it were not a PUD Consequently, if the Planning Commission feels that the proposed change is not desirable, the amendment request could be denied Some of the advantages and disadvantages of the proposed amendment are 1 The number of units proposed with the amendment is the same as approved with the preliminary plat (98) 2 The massing of the townhomes as viewed from TH 96 is reduced with the back-to- back proposal Rather than townhomes aligned in a fairly unbroken row parallel with TH 96 as with the brownstones, the back-to-back proposal clusters the units and provides gaps between buildings 3 The back-to-back plan provides more green space near the main entrance than was included in the brownstone plan 4 The change from brownstone to back-to-back townhouses would completely change the streetscape Rather than rear loaded brownstones with a streetscape dominated by front entrances, the back-to-back units present an end view to the street with frequent driveway cuts though the public sidewalk The dramatically different streetscape would be most obvious to the single family homes that will be built along White Pine Way But, there will also be a perceptible difference from TH 96 Millbrook ls` Addition — Final Plat February 9 2007 Page 6 ALTERNATIVES A Approval If the Planning Commission finds both the final plat and final PUD for MILLBROOK to be acceptable, as well as the townhome amendment, it could recommend approval with the following conditions 1 Development of MILLBROOK and MILLBROOK 2nd ADDITION shall be substantially similar to the following plans on file in the Community Development Department, except as modified herein Site Plan dated 7/21/06 Phasing Plan dated 7/24/06 Buffer Averaging Plan (including trails) - 8 sheets dated 6/26/06 Preliminary Site Map* (Sheets SM2 - SM6) dated 1 / 17/ 06 Preliminary Plat (Sheets PP1-7) dated 3/30/06 Final Grading Plan (Sheets GP2, 3, 4, 4A, 5, 6) dated 4/12/06 Final Utility Plan (Sheets 2-5) dated 4/12/06 Preliminary Landscape Plan (Sheets 1-4) dated 2/1/06 Millbrook Colonial Manor Prelim Plat Amendment dated 1/12/07 Millbrook Preliminary Plat Amendment dated 1/8/06 Prelim Grading Plan, Millbrook Prelim Plat Amend dated 1/12/07 Prelim Utility Plan, Millbrook Prelim Plat Amend Dated 1/12/07 Supplemental Landscape Plan, Prelim Plat Amend Dated 1/12/07 Colonial Foundation Planting Plan Dated 6/8/06 Legacy Park Colonial Manor Elevations and Plans Undated *Except trails to be as shown in Site Plan dated 7/21/06 2 If the DNR review of the Lakeshore PUD worksheet results in substantial changes to the Preliminary Plat or Concept PUD plans, then the developer shall resubmit the Concept PUD and Preliminary Plat for review by the City and Joint Planning Board 3 The trail and sidewalk system shall be constructed substantially the same as represented in the following plan sets on file with the Community Development Department Carnelian Marine Trails - Revised (Sheets CM-1, 2, 3) dated 6-21-06 Brown's Creek Trail - Revision 3 (Sheet BC 2b-1) dated 6-26-06 Brown's Creek Trail - Revision 2 (Sheet BC 2-2 + 2-3) dated 6-22-06 Revised Sidewalk Plan (Sheets SP-1, 2,3) dated 6-21-06 4 All trails shall be paved 5 Prior to release of the final plat for MILLBROOK (1st Addition), a blanket easement shall be provided over the open space outlot on the south side of South Twin Lake for trail purposes Should the Carnelian -Marine Watershed District rules ever change and allow a trail closer to the lake, the easement will give the City the right to construct that trail 6 Prior to release of the final plat for MILLBROOK (1st Addition), the developer shall provide a 20 foot wide general easement allowing for future use for trails Millbrook 151 Addition — Final Plat February 9 2007 Page 7 and utilities on the property along the south side of State Highway 96 right of way The easement shall be reviewed by the City Engineer and City Attorney and found satisfactory to them in both form and content 7 The trail connection to State Highway 96 along Outlot H, MILLROOK (15t Addition) shall be allowed as shown in the preliminary plat only if the wetland in the ditch is determined by a State licensed delineator to be an incidental wetland If it is not an incidental wetland, then the trail shall be realigned westward along the rear of Lots 17 through 19 of the Preliminary Plat Documentation from the delineator shall be submitted together with final plat application materials for the phase including the subject trail connection 8 Lot 7, Block 9 adjacent to the trail access off of the roundabout shall be restricted by covenant to have open rail fencing and non -continuous shrubbery not exceeding four feet in height along their side and rear lot lines abutting the trail corridor This is to provide for a more inviting entrance to the trail system The covenants shall be drafted and approved by the City Attorney prior to filing the final plat for MILLBROOK (1st Addition) The covenants shall be filed together with the plat of MILLBROOK (1st Addition) 9 The Developer shall provide water service stubs at each park with three stubs to be included at the large active park A sanitary sewer stub will be provided at the large active park at a place yet to be determined by the City of Stillwater 10 The two active parks shall be graded by the developer as part of the first phase of development and the developer shall establish turf to the satisfaction of the city prior to the City's assuming maintenance of same This shall at a minimum include mowing, fertilizing, rock picking, leveling, trimming, weed management and over seeding as necessary Target date for the first transfer of park land will be fall of 2008 11 The Brown's Creek trail link on the Millbrook property that connects to the Carlson property to the south shall be installed by the developer at the same time that the Carlson property trail is constructed, if prior to construction of the final phase in Millbrook 12 An as built easement map showing 30 foot easements where possible (minimum of 15 foot) for trails shall be completed and recorded as each section of trail is completed 13 Final civil engineering plans shall be found satisfactory to the Stillwater Public Works Director or they shall either be a) revised to his satisfaction, or b) reviewed by the City Council and approved 14 Prior to commencement of any grading on the subject property, the developer shall execute the Development Agreement for the Preliminary Plat and for the Final Plat of MILLBROOK (1st Addition) B Table If the Planning Commission believes that the final plat and PUD application, or the townhome amendment application is not complete enough to make a decision, it could continue the hearing for additional information Millbrook 1 S` Addition — Final Plat February 9 2007 Page 8 C Denial If the Planning Commision finds either the final plat/PUD or the townhome amendment to be unsatisfactory, it could deny it With a denial, the basis of the action should be given RECOMMENDATION Both the final plat and final PUD permit for MILLBROOK (1st Addition) are in substantial compliance with the approved preliminary plat, concept PUD and their conditions Therefore, staff believes they could be approved with the conditions detailed above With regard to the townhome amendment, it meets City Code standards, so the Planrung Commission could recommend approval of it if desired cc Jay Liberacki J 1 1- L_ L..)EL 1 L 1 Ir.r1 IJ Vn LI L ROAD NORTH UNE OF NE 1/4 OF 711E NE 1/4 OF SEC. 191 9 30, ROE 20, WASHINGTON COUNTY MINNESOTA J N89°46 55 E 1611 76 NORTH MILLBROOK S00° s2 4E r u) 0 L tE r- 10 r 444 I I �� IcI Jm1_— / / I-r\\ \ n 4k \ I,r1 \ vp ^ rs Fi,._.,T N. 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Value. Integrity. 3-8-07 To Planning Commission City Staff From Lennar Jay Liberacki Re Follow up to the February 12 Planning Commission Meeting Lennar is happy to provide an update of our activities since your last meeting 1 Mailing and meeting with adjacent homeowners 2 Updated architectural graphics 3 Response to questions raised at Planning Commission and Joint Board Meetings Lennar's Director of Sales and Director of Planning and Entitlements will attend your March 12 meeting to present and answer your questions related to market research, product development, Lennar's business plan, etc 1 Mailing and meeting with adiacent homeowners Following the last Planning Commission meeting, Lennar mailed detailed information to all adjacent homeowners (mailing attached), held an open house, and offered to meet personally with any of the families at their home or at the Millbrook site adjacent to their home Two families attended the Open House, Ed Otis and Mrs Orville Johnson Otis lives west of Millbrook and asked questions related to the TH zone We believe he left feeling that the plan changes were neutral or positive and offer to attend future meetings or write a letter on our behalf Mrs Johnson lives on Neil Ave and was concerned with their view to the CR zone (we also have had phone conversations and Orville Johnson attended the Joint Power Board meeting) They currently have their home for sale (they have already purchased another home in Stillwater and are waiting for a Purchase Agreement on their existing home before moving) They are concerned that the Millbrook development will have a negative impact on the sale of their home We showed them that the new homes will be no higher or wider that the prior homes (graphic attached) We also discussed that their homesite is fully wooded between their home and the shoreline From their deck, patio and yard they have limited views of Millbrook unless they walk down to the shoreline I believe they periodically clear some shoreline vegetation If they let that grow per Carnelian Marine requirements their view of Millbrook would be even less Lennar has received no other contact from the adjacent homeowners 935 East Wayzata Boulevard • Wayzata MN 55391 • Telephone 952-473 1231 • Fax 952-473 7401 • www lennarcom 2 Updated architectural graphics Lennar prepared perspective drawings of the proposed TR zone homes Representative perspectives were sent to the surrounding homeowners and full sets were available at the open house For the hearing, we will have a typical "street-scape" section to illustrate how Lennar develops and controls the streetscape (Lennar's Panelization program) Some builders might call this a monotony code (see attached) For the CR zone we now have a graphic comparing the old versus the new rear height We have also developed rear elevations for your review Following the neighborhood and Joint Board meetings the TH zone plans remain essentially the same, but we are looking at some additional landscaping and architectural details Both Ed Otis from the neighborhood meeting and the Township representatives on the Joint Board had positive comments regarding the new TH plans More will be mentioned under comments below 3 Response to questions raised at Planning Commission and Joint Board Meetings Product mix From Lennar's initial plans in 2003, we have proposed three housing types to address three different buyer profiles, that is still the case If one looks at the Phase One and Phase Two annexations (Liberty and Legends) they offered a similar housing mix Market for a first floor master bedroom (Joint Board Discussion) Neither the Liberty nor the Legends communities were able to find a successful formula for single level or first floor master housing I don't believe the Legends tned to build a single level living community and the two Liberty communities were very challenging and financial disasters Rottlund has been building out their townhome community for a long period of time, and the Todd Allen community, after many attempts to find a successful one story formula, is being built out as two story homes Other options do currently exist in Stillwater for one story living e g , the downtown condos, resales, Liberty townhomes, and future infill and redevelopment projects After many attempts, Lennar has not been able to design an affordable first floor master bedroom concept The homes we have designed are beautiful, but are too expensive to sell This has been our experience in our Settlers Glen, Kingsfield, Bailey_s Arbor and Pine Arbor communities, all in the east metro area Lack of Variety Lennar is proposing exactly the kind of mixed use community that Liberty and the Legends have developed into Liberty has a section of Rottlund single family homes and townhomes and Todd Allen CR homes Legends has a section of Ryland single family and townhomes, just like Millbrook Regarding Millbrook, Lennar's homes will be at higher price points and offer similar architectural details In regards to the Legends townhomes, we feel that Millbrook's townhomes will be a huge improvement in the variety of exterior colors and detailing Combining these upgrades with Lennar's Panelization program will give our Millbrook community a much improved street appearance TH off-street parking The old concept plan called for 85 street spaces and 31 off-street spaces The current plan calls for 63 street spaces and 54 off-street spaces All of the extra parking spaces are much more accessible in the revised plan TH zone Emergency Services This hasn't been discussed at the public meeting, but at the staff review, Lennar's impression was that both the Police and Fire Departments much preferred the current plan over the prior plan TH zone doesn t work with what s around The look of the `twinhome' ends of the TH homes would be much preferred by our CR residents than an unbroken streetscape of townhomes TH Zone pedestrians crossing driveways The purpose of local streets is to provide access to housing If this were a single family or twin home cluster there would be two or three times as many driveways to cross The city has required paved off road trails throughout Millbrook, it seems disingenuous to then limit driveway access to streets so that pedestrians don't have to cross driveways 1 February 22, 2007 From Jay Liberacki 5Aa Teresa St Amant 1' Quality."Value. /Megrity.:-. Project Manager 952-249-3022 Project Architect 952-249-4501 Re Millbrook Development Dear Neighbor If you recall, the City approved the Millbrook annexation, Preliminary Plat and Preliminary PUD last fall The next step in the development process is to receive approval for the Final Plat and Final PUD Lennar has initiated this process in anticipation of starting development construction early this spring, with the start of home construction to follow by mid summer The Final Plat and PUD formalize and provide additional more detail to the Preliminary Plat and PUD maps The final subdivision plans follow very closely the preliminary plans, variations are generally a function of more detailed engineering or public agency comments That is the case with the Millbrook TR (Traditional Residential) and CR (Cottage Residential) zone plans In the TH (Townhome) zone, the plans have changed enough to require the plans to go back through the Preliminary approval process again As you will recall the Preliminary Plans and PUD included an architectural element Lennar is always evolving its home styles to reflect buyer preferences, the latest trends, and building technology The same is true with the Millbrook housing styles, which were submitted with the original application three years ago All of the plans previously submitted have changed in some aspects, some more than others We have included descriptions and graphics regarding the current architectural plans The two home styles that most affect the adjacent homeowners, the TR and CR zones, have changed in what Lennar would call evolutionary aspects The TH zone, which is internal to our community, has changed the most and that is why City Staff is requiring Lennar to go back through the Preliminary process with the City and Joint Powers Board Each of you received notice of the recent public meeting held at the Planning Commission on February 12th regarding this current phase of review and approval Unfortunately, there wasn't a strong presence from the Millbrook area neighbors, therefore we at Lennar wanted to take a more proactive approach in informing the neighbors of the current plans We hope that this package provides you with any information you may need If you should have any questions or need clarification, please contact Jay Liberacki or Teresa St Amant Generally, I of 1 935 East Wayzata Boulevard • Wayzata, MN 55391 • Telephone 952-473 1231 • Fax 952-473 7401 • www lennar com t Jay will be most helpful for site related questions, and Teresa more helpful for architectural related questions Jay can also meet with any of you at your home or on the Millbrook property adjacent to your home to discuss our plans In addition, we invite you to an Open House where Lennar will have the attached plans at a larger scale, as well as additional plans, elevations, photos, construction materials, etc , fot your review We will also have an aerial photo which will show the Millbrook development in relation to each of your homes This Open House will be held this Monday night (Feb 26th) from 6 30 to 8 00 p m at 1179 Atwood Lane The City will also notify you directly of future public meetings Descriptions and Enclosures ❑ Open House Location Map, 1179 Atwood Lane, Stillwater ❑ Current Site Plan • Shows limits of the ls` Phase of home construction and proposed changed site plan for the TH zone • TR and CR zones follow the Preliminary Plans with some modifications to the building footprints ❑ TR Zone • 4 elevations • Each of the floor plans offers more square footage than prior plans o This was accomplished by adding more square footage to the second floor of the homes, rather than expanding the ground floor The larger floor plan is a strong demand of our buyers purchasing our `move -up' homes in our other communities The requirement to add the square footage to the second floor vs the ground floor was a response to MN Department of Natural Resources and the Watershed District requirements to minimize impervious ground cover (roofs and driveways) adjacent to Browns Creek and South Twin Lake ❑ CR Zone • 4 elevations • Each of the floor plans is now two stories and offers more square footage than prior plans o The same DNR and Watershed rules apply and therefore this was accomplished by adding a second floor o This home style was originally conceived as an `empty nester' housing type In reality, we find our primary buyer profile is more young families, requiring more square footage and additional bedrooms • This change may be a concern to the 3 homes across South Twin Lake that will now be viewing a two story home, 1700' across South Twin Lake, vs a one story home If , e Again, Jay will meet with each of the residents at their home to review our plans There are trees on the Palmer property to help us visualize a two story home 1700' away • The Landscape Plan is attached to show the plantings behind the homes along South Twin Lake ❑ TH Zone • New site plan with building footprints and tree plantings • 1 elevation and 3 photos • New streetscape elevation Homes are well spaced and no longer line the local street, the building height has been reduced to two stories o In the old streetscape elevation, homes fronted the local street in a nearly continuous line with two and one half story buildings, because of the tuck - under garages • Cover letter sent to Planning Commission noting additional information regarding our request • Regarding our adjacent neighbors and township residents driving along Hwy 96, the biggest impact will be the reduction of building height and the fact that the view across the Park will be of seven well spaced two story building vs a nearly continuous elevation of two and one half story buildings The same comment applies to the users of the City Park • The Planning Commission also discussed pedestrian use of the TH zone sidewalks In the new layout, pedestrians will have to cross additional driveways vs a fewer number of private streets We hope this summary and graphics are informative and we look forward to answering any questions, meeting you at our Open House, or visiting with you at your home or on the Millbrook property iisagr Rd 1 air/ *t1 11-S00/11 iO5mihs 0 2006 Yahcei Inc. r L. 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PRY STUCTUIE USiL I, ] 1 (5 I EAETARV SEWERMwOLE C 1- - - .TOIwR -rAs -TYE1-12—..— .... ., GATE VMEl - r•v - — - 41— .4—w .— ..r ... WELL tt 21 DRAW P.aU1RAORr NIKO = -- elROE.CT o.00.1.0. ENKE p?' ss —1 SOP. CORO. LOCATORS d ELT FENCE -------- ----. ..r_. TREE PREEEPWATOWW Ef - - ~ WWTELEVATON r ry TEC SPOT ELEVLTO. ... .. .- UTIUTTPOLE r LORT PCO ,. wW TAM III na 2j .t O1.!11. T II Pilar'i_j - I�( 1 U1.J10, i] ii DEVELOPER: LEMMA CORPO71ATIDh+ 935 WAYZATA BLVD. WAYZATA, MINNESOTA 55301 PHONE: (783) 249-302: CONTACT: JOHN LIBERACKI ENGINEER, SURVEYOR, LAND PLANNER: $ATHRE-BEROQUIrT, INC 150 S. BROADWAY WAYZATA, MINNESOTA 55391 PHONE: (952) 470-8000 CONTACT: DANIEL SCHMIDT, P.0., R.L.S. INDEX: 1 TITLE 2-7 STREET SHEETS S ROUNDABOUT 9 TURN LANE 10 SIGNAGE AND STRIPING 11-22 SEWER & WATER SHEETS 23-27 STORM SEWER SHEETS 28-30 DETAILS GP1—GPE GRADING, DRAINAGE, AND EROSION CONTROL PLAN TR-)-TR4 TREE PRESERVATION PLAN AORTIO EE 9CAlE M PEET WM..06EM, TWITPIANORE.ECECATO. wAe PEEP.. 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COPYRIGHT JANUARY 2007 2888 HPAEO t N 1 0 1 4 Planning Commission DATE March 8, 2007 CASE NO 07-09 APPLICANT Elite Development REQUEST 1) Rezoning to TR/PUD and LR, 2) Preliminary Plat approval for a 50 lot Residential Subdivision, 3) Concept Planned Unit Development approval, 4) Vacation of excess 72nd Street right-of-way, and 5) Variance to the fence height requirements LOCATION Between Co Rd 12 and 72nd Street on north end of Long Lake COMPREHENSIVE PLAN SFSL, Single Family Small Lot ZONING AP, Agricultural Preservation PLANNING COMMISSION DATE March 12, 2007 REVIEWERS Community Development Director, Public Works Director, Fire Chief, City Forester PREPARED BY Michel Pogge, City Planner BACKGROUND Elite Development is proposing a single-family development to be known as Legacy on Long Lake The project site on County Road 12 is currently owned by four groups the McKenzies, the Meisterlings, the Huebschers and Grace Baptist Church (See Exhibit C) The total project site is 25 38 acre site (23 16 of which are above the water level of Long Lake) Though, as seen in Exhibit D about 6 17 acres (4 1 acres above the water level of Long Lake) are not being sold to the developer This unsold property will be platted as Block 5 The five potential lots in Block 5 would be retained by two of the current landowners, the Meisterlings and the McKenzies The site is proposed to be developed into 50 single family lots, including the 5 lots in Block 5 Sizes of the lots would range from 9,595 square feet to 106,858 square feet The largest lots are in the tiers closest to Long Lake Three outlots are proposed one for Legacy on Long Lake March 8 2007 Page 2 future development by Grace Baptist Church, one for stormwater ponding, and one for the development of a pool, handball court, and gazebo for private use by the neighborhood Currently the site has three homes and a church on it Two of the homes would be removed, leaving only the Meisterling home The church property would be left as it is except that land will be traded so that the access road to County Road 12 can cross it Improvements to be dedicated to the public are proposed to include relocation of 72nd Street away from the shoreline of Long Lake, a north -south street connection between County Road 12 and 72nd Street, a trail in place of the old 72nd Street alignment, one small parks The land development is proposed to be completed during the 2007 construction season Building permits for the first homes are anticipated to be issued yet this year SPECIFIC REQUEST In order to develop the property as proposed, Elite Development has requested the following 1 Approval of a rezoning of the off -lake portion of the site from AP, Agricultural Preservation to TR/PUD (Traditional Residential Planned Unit Development), 2 Approval of a rezoning of the lakeshore portion of the site from AP, Agricultural Preservation to LR, Lakeshore Residential, 3 Approval of a Preliminary Plat for a 50 lot single family residential development, 4 Approval of Concept PUD plans, 5 Approval of a vacation of the excess 72nd Street right-of-way, and 6 Approval of a variance request to exceed the maximum height limits for a fence along 75th Street N EVALUATION OF REQUEST I REZONING Neighborhood Land Use Existing and planned land uses in the neighborhood are as follows North Stillwater Township, guided for Single Family Large Lot development South Long Lake, classified as a Recreational Development Lake East DNR owned permanent open space West Rutherford School and a Traditional Residential zoned neighborhood of Liberty on the Lake Legacy on Long Lake March 8 2007 Page 3 Land Use Compatzbzlzhj One of the principle issues to be considered for a rezoning is whether the proposed change would be compatible with existing and planned uses within the surrounding neighborhood As mentioned above the site is buffered on two sides by permanent open space uses, which include the DNR property and Long Lake On the north side of the site separated by an arterial roadway is an existing large lot single-family neighborhood in Stillwater Township To the west are both an elementary school and a neighborhood in Liberty on the Lake that is zoned TR, Traditional Residential The proposed rezoning to TR/PUD for the non-lakeshore property would be compatible with these uses Moreover, even though the lots in Stillwater Township are larger that the proposed lots in Legacy on Long Lake, the two neighborhoods would be separated by an arterial road which provides a definitive physical barrier The lakeshore properties meet the standards for both the LR, Lakeshore Residential zoning district and the Recreational Development Shoreland Overlay District The purpose for the proposed PUD classification is to allow flexibility in lot sizes for the lots furthest away from Long Lake similar to the pattern developed with the single- family pattern developed with Liberty Most of the lots further away from the lake do not meet the minimum dimensional standards of an RA, Single Family Residential zoning district nor the Recreational Development Shoreland Overlay District They do however meet the standards for a TR, Traditional Residential zoning district Since the proposed TR zoning for the bulk of the site represents a logical continuation of the neighboring zoning in Liberty on the Lake, staff finds the proposed TR/PUD and LR rezonings to be acceptable II PRELIMINARY PLAT, CONCEPTUAL PLANNED UNIT DEVELOPMENT The preliminary plat and conceptual PUD plans will be reviewed together in this section of the report A Minimum Dimensional Standards Lot size and width In the TR Zoning District, the average lot size must be at least 10,000 square feet The average lot size of the 451ots to be zoned TR is 11,486 square feet The minimum lot width in the TR district is 65 feet, measured at the midway point between the front and rear lot lines All 451ots exceed this standard Legacy on Long Lake March 8 2007 Page 4 Lakeshore Standards The minimum standards for LR zoned lakeshore lots include a 20,000 square foot area, an 80 foot width, and a 170 foot depth As mentioned above, the preliminary plat shows five lakeshore lots in Block 5 They all exceed these standards Shoreland Overlay District In addition to the standard zoning requirements the majority of the subdivision lies within the Shoreland Overlay District for Long Lake This triggers an entire body of separate regulations Generally speaking, the regulations require lots to be 20,000 square feet in size, however, since the developer has chosen to include the property in a PUD overlay the lots are not required to meet this standard It should be noted all of the lots proposed to be zoned LR meet the 20,000 square foot requirement and that none of the lots proposed to be zoned TR meets the 20,000 square foot requirement Since the City's PUD ordinance does not meet the minimum DNR shoreland requirements the developer was required to submit what is known as a PUD worksheet to the DNR for review and action In discussions with the DNR the plat as proposed will not meet the DNR's minimum open space requirements In order to meet this requirement the developer is proposing to facilitate the transfer of the Jackson WMA from the DNR to the City of Stillwater and be allowed to count the open space from the Jackson WMA in the open space calculations for Legacy on Long Lake development The DNR has indicated that if the developer facilitates this transfer they will allow the open space in the Jackson WMA to be counted in the development and will then sign -off on the PUD worksheet Legislation has been introduced into the Minnesota Legislature (HF 904, SF 1119) that allows sale of the Jackson WMA to a local governmental unit The Park and Recreation Commission has agreed in concept to accept and maintain this site With the exception of a trail that would be installed along the west side of the Jackson WMA this site will remain in its current state of open space B Civil Engineering The proposed street layout would reroute 72nd Street by moving it away from Long Lake A connection to County Road 12 would also be provided The County will therefore need to review the proposal They will more than likely require turn lane improvements a t Legacy on Long Lake March 8 2007 Page The City Engineer has reviewed the preliminary street plans and offers the following comments • The portion of public road that crosses the church property should be platted as part of the Legacy on Long Lake plat Also, underground utility stubs should also be improved with this development to the future cul-de-sac south of the existing church • 72nd Street should be upgraded by the developer from a gravel surface to a bituminous surface all the way to Mid Oaks Avenue The pastor for Grace Baptist Church has stated that the church is not interested in immediate development of the cul-de-sac or lots He therefore does not want the future cul-de-sac platted or improved now In order to protect the new road underground utility should be extended to the future cul-de-sac so that the road will not need to be disturbed in the future Another note of interest is that there is no formal right-of-way for 72nd Street None the less, according to State statute, since the public uses and maintains the street a prescriptive easement exists The width of the easement includes the road surface proper and whatever ditch and shoulder sections are necessary to support the road The weir on 72nd Street has a similar situation It does not have a formal easement, but according to State statute the flowage and dam structure have an associated prescriptive easement Attached is a memo from the Public Works Director regarding various other civil engineering issues The highlights are • A future city well site (not including a reservoir or tower of any type) needs to be dedicated on the plat It will have to be 110 feet square It could be located in the rear of oversized Lots 6-8, Block 1 • The stormwater plan must be submitted by the developer to Brown's Creek Watershed District and approved prior to final plat approval by the City C Tree Preservation In order to determine the number of replacement trees, a canopy removal plan must be submitted This should be done well in advance of a final plat application, so that the appropriate tree protection and replacement plans can be submitted together with the final plat application materials Legacy on Long Lake March 8 2007 Page 6 The grades for Lots 6-11, Block 3 should be adjusted to save more trees along the proposed stormwater pond D Park and Trail Dedication Trail Development The development plans include construction of a bituminous trail generally following the existing 72nd Street roadbed along Long Lake Sidewalks will also be constructed along each street These sidewalks will connect to the trail along the County Road to the trail along 72nd Street Park Land Dedication In addition to trails, the preliminary plat shows a passive park area in the southeast corner of the development (Outlot D) The total proposed land dedication is 15,391 square feet Given the project s 2316 acres above the water level of the lake, a total of 2 32 acres of parkland could be required The 0 35 acre proposed park site would have to be increased to satisfy park dedication requirements The developer is requesting the ability to do cash -in -lieu of land dedication for the remaining portion of the required dedication When a developer has dedicated property that could not be used as an active park site the City has in the past required the developers' to provide cash -in -lieu for the subdivision's total required parkland dedication For this development the total required cash -in -lieu of land dedication is $100,000 ($2,000 per single-farruly lot * 50 lots) The park board has indicated that they will require the developer to provide cash -in - lieu of land dedication for the entire development, similar to what they have required other developer to do However, they have indicated a willingness to allow the developer to use half of the cash -in -lieu of land dedication toward the purchase of the Jackson WMA Staff feels that a better parkland dedication package would be to make as much of the lakeshore public as possible However, the vast majority of the lakeshore is not being sold to the developers by the McKenzie and Meisterling families So, the developers can not include it in their park dedication proposal (See Exhibits C and D) Consequently, the McKenzies and Meisterlings would have to agree to allow part of their land to be dedicated as public along the lakeshore They have made it clear at the May 8, 2006 public hearing that they are not interested in giving up their lakeshore property At the very least, staff believes that the property on either side of the weir should be publicly owned to provide a potential site for a fishing pier and Legacy on Long Lake Match 8 2007 Page 7 perhaps a spot to put in a canoe Moieover, since both the Meisterlings and the McKenzies will gain land unencumbered by the prescriptive easement for 72nd Street, it may be equitable to require more public lakeshore from them in return E Miscellaneous Slopes Along the lake bluff area, there is a ribbon of slopes in excess of 24% No development or vegetation removal is proposed in these bluff areas They should be protected with a conservation easement Fire Safety Deputy Fire Chief Tom Ballis has reviewed the preliminary plat and made specific comments about fire hydrant locations His comments will be made a condition of approval III VACATION OF 72N1D STREET RIGHT-OF-WAY The developer has requested that excess right-of-way along 72nd Street be vacated Actually, since only a prescriptive easement exists, it would automatically disappear if the road is converted to a trail and a trail easement is filed in chain of title IV VARIANCE TO THE CITY'S MAXIMUM FENCE HEIGHT REQUIREMENTS A variance may be granted only when all of the following conditions are found 1 A hardship peculiar to the property, not created by any act of the owner, exists Personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance The property is similar to other sites and developments in the area along 75th Street N The request to install a fence taller than 8 feet is not seen elsewhere along the corridor Financial justification for a variance is not sufficient grounds for granting a variance 2 A variance is necessary for the preservation and enjoyment of substantial property rights, and, if granted, would not constitute a special privilege not enjoyed by neighbors Without the approval of a variance the applicant could develop the proposed single-family development, if the plans for it are approved Legacy on Long Lake March 8 2007 Page 8 3 The authorizing of the variance will not be of substantial detriment to adjacent property and will not materially impair the purpose and intent of this section or the public interest nor adversely affect the comprehensive plan The purpose and intent of this ordinance is to prevent obstructions that would impede clear vision along the roadway If an opaque fence is allowed to be installed this could effect the look and feel of the corridor Findings • That the hardship is not peculiar to the property • That a variance is not necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would constitute a special privilege of the recipient not enjoyed by his neighbors • That the authorizing of the variance will be of substantial detriment to adjacent property Without a positive finding the variance request should be denied ALTERNATIVES The Planning Commission has several alternatives The review deadline for this application is April 4, 2007 Due to the approaching deadline the Commission must take action on the application at your March 12, 2007 in order to allow the City Council to have adequate time to review and take final action on the application A Approve in part Staff finds that the applicant has not provided sufficient justification for a variance to the fence height requirement and recommends the commission deny the request If the proposed rezonings, preliminary plat and Concept PUD are found to be acceptable to the Planning Commission, it should recommend approval those to the City Council with the following conditions 1 The site shall be developed in substantial conformance with the following plans on file with the Planning Department and date stamped March 8, 2007 2 The rezoning will not become effective until the applicants receive Final Plat and Final PUD plan approval from the City Council 3 Final engineering plans shall be found satisfactory to the City Engineer, or revised to his satisfaction The final plat application materials shall contain the engineering changes suggested in the attached memo from Shawn Sanders Legacy on Long Lake Maich 8 2007 Page 9 dated April 28, 2006, and the engineering changes suggested in the attached memo from Tom Bailis dated April 20, 2006 4 In order to deterrrune the required number of replacement trees, a canopy removal plan must be submitted and found satisfactory by the Community Development Director This should be done well in advance of a final plat application, so that the appropriate tree protection and replacement plans can be submitted together with the final plat application package 5 A conservation easement in form and content found satisfactory to the City Attorney shall encumber the steep slopes facing Long Lake The easements shall be executed prior to release of the final plat from City offices 6 A trail easement in form and content found satisfactory to the City Attorney and the Public Works Director shall encumber the trail along Long Lake The easement shall be executed prior to release of the final plat from City Offices 7 With the final plat application, the proposed lots in Block 5 must be addressed One of the following options should be pursued by the developer a Final plat everything in Block 5 as an outlot (unbuildable until resubdivided) except the one home site on Lots 2-3 This will require park dedication on 17 65 acres of land When the outlots are replatted, they will be responsible for park dedication b Final plat all of Block 5 as lots This will require park dedication on all 2316 acres of land now This option could include any number of configurations for the five preliminary platted lots For example, Lots 1- 3 could be platted as a single lot Or they could be platted as two lots Lot 1, and a combination of Lots 2 and 3 (they could be replatted later if the current home and/ or swimming pool are removed) 8 The Parks & Recreation Board shall make a recommendation on the park dedication prior to City Council consideration of the proposal 9 The City shall receive a letter from the Minnesota DNR approving the PUD worksheet prior to release of the final plat from City Offices 10 Prior to release of the final plat from City Offices the developer shall deposit sufficient funds with the City to cover the purchase of the Jackson WMA from the Minnesota DNR The City shall use the funds deposited by the developer to purchase the Jackson WMA The City agrees to allow 50% of the developers required cash -in -lieu of park land dedication to be used toward the purchase of the Jackson WMA The City agrees to allow the Developer to calculate the open space within the Jackson WMA in their open space calculations for the Legacy on Long Lake development Legacy on Long Lake March 8 2007 Page 10 S Approve in full If the proposed rezonings, preliminary plat, Concept PUD, and variance are found to be acceptable to the Planning Commission, it should recommend approval to the City Council with the following conditions 1 All of the conditions listed above in Alternative A 2 The fence along 75th Street North shall be no taller than 8 feet in height C Denial If the Planning Commission finds that the development proposal is not advisable, it could recommend denial With a denial, the basis of the action should be given D Make no recommendation If the Planning Commission is unable to make a finding they could forward it to the Council without making a recommendation RECOMMENDATION That the Planning Commission recommend that the City Council approve in part with the conditions listed in alternative A cc Bob Weigert Pastor Huebscher The Meisterling Family The McKenzie Family attachments Location Map Zoning Map Ownership Map Exception area Developer s Narrative Memo from Shawn Sanders Memo from Tom Balhs Tree Protection Memo from Forester Prehmmary Plat Preliminary Grading Plan Preliminary Utility Plan MIN IX.,clnpnunt thmart cni Legacy on Long Lake Location Map Exhibit A 'water ^unity Decekwnxnl Derwinlnent Exhibit B Zoning Districts AGRICULTURE BUSINESS PARK COMMERCIAL BUSINESS PARK INDUSTRIAL pimp BUSINESS PARK OFFICE GENERAL COMMERCIAL ME CENTRAL BUSINESS DISTRICT CRD GENERAL HEAVY INDUSTRY ISLE NW PUBLIC ADMINSTRATIVE OFFICES I ONE FAMILY RAI TWO FAMILY HIGH DENSITY FAMILY I I MEDIUM DENSITY FAMILY ICIF POTENTIAL RIGHT-OF-WAY WATER COTTAGE RESIDENTIAL TRADITIONAL RESIDENTIAL jifl LAKESHORE RESIDENTIAL VILLAGE COMMERCIAL IN TOWN HOUSE I PUBLIC WORKS FACILITY COVE TOWNHOUSE RESIDENTIAL NE COVE COTTAGE RESIDENTIAL ® COVE TRADITIONAL RESIDENTIAL Legacy on Long Lake Zoning Map I I Ac WW2' 2 I I I I I I I I ibaLe,„ Communitc Development Department Property lines A/ Weir A/72nd Street surface Surface water Huebscher property Grace Baptist Church property Meisterling property McKenzie property J DNR property .;WI Burns property Legacy on Long Lake Ownership Map Exhibit C City of Community Develooment Department Exception area Exhibit D Elevation contours No development rights Property lines Weir 72nd Street surface Surface water Huebscher property Ili Grace Baptist Church property - Meisterling property McKenzie property DNR property r _ j Burns property P A R A 4 O U NT E N G I N E E R I N G& D E S I G N MEMO TO Bill Turnblad, Community Development Director FROM Bob Wiegert DATE February 7, 2007 RE Variance Request for Wall/Fence Height Legacy on Long Lake As you are aware the project is proposing a fence/wall along the north edge of the site adjacent to County Road 12 The City's ordinance allows for up to a six foot height The wall will function as a noise/screen wall and preserve the majority of the existing trees that run east/west along the north property line The proposal may require up to an eight foot height to provide for noise mitigation The current proposal is for a wall with stucco surfacing The proposal is requesting a vanance to the six foot height 1440 Arcade Street • Suite 200 • St Paul Minnesota 55106 • 651 771 0544 FAX 776 5591 Legacy on Long Lake Project Narrative The proposal consists of platting the four lot site into 50 lots The site is located at the far north end of Long Lake and east of the Liberty on the Lake development, The lots adjacent to the lake will all be greater than 20,000 SF The average lot size for the entire development is over 15,700 SF (see attached lot calculations) The "highlights" of the project include the following Enhancing the natui al look of the north end of Long Lake by vacating the majority of existing 72"d Street This is the gravel surfaced roadway that runs east to west along the north shore of Long Lake The internal road system for the development will connect to existing 72'd on both its east and west locations A bituminous trail will replace 72"d and allow pedestrian travel along the north shore of the lake This new road system will not only be more esthetically pleasing, but also much safes for the entire community • A small parking lot and fishing pier are proposed adjacent to Long Lake and will connect to the bituminous trail Park land is proposed for Lot 9, Block 4 to preserve trees and the "natural look" for the north end of the lake This will be an interactive pier/park area designed to enhance the benefit of Long Lake for many years while preserving nature's open space A conservation easement can be dedicated to the City to include the area from the trail to the south plat line • The homes will be appealing in design and price point to ensure the City of Stillwater will be represented with dignity in their community This development will offer the convenience of an urban location with the beauty and benefit of the surrounding rural nature environment A church is located within walking distance as are nearby parks, schools, lakes and golf courses It will be beautifully landscaped and well lit including tasteful monument signs • Provide land for a small tot lot and trail access to Rutherford School The school has two playground areas and three ballfields which he immediately adjacent to the project The proposed trail will connect to the school trail that circles the ballfields and provides pedestrian access to the school The projects internal sidewalk system will connect to all trails including CR 70's trail The CR 70 trail provides pedestrian access to Northland Park located about one -quarter mile east This park has tennis courts, a ballfield and a hockey rink A total of 1104 significant trees were located on the site With the current design 69 percent of the significant trees will be preserved The great majority of these are evergreen trees that were planted by the current owners The perimeter trees and most trees located north of Long Lake will be preserved LegacyLongLakeNarrative Washington County May 19 2006 Bill Turnblad Community Development Director City of Stillwater 216 North Fourth Street Stillwater MN 55082 Department of Transportation and Physical Development Donald J Theisen P E Director/County Engineer Wayne H Sandberg P E Deputy Director/Ass t County Engineer LEGACY ON LONG LAKE PRELIMINARY PLAT, ADJACENT TO WASHINGTON COUNTY STATE AID HIGHWAY 12 (75TH STREET NORTH, CSAH 12, AKA WEST MYRTLE STREET) Dear Bill We have reviewed the drawings of the preliminary plat of Legacy on Long Lake and have the following comments ➢ The proposed street access to CSAH 12 opposite Minar Avenue North is acceptable Right of way along CSAH 12 is access -controlled A 60-foot wide opening in the access control exists to serve the existing Grace Baptist Church driveway That opening is between 933 74 and 993 74 feet east of the west property line of the church property It does not appear that the proposed street right of way exactly lines up with that opening We can work with the developers to verify that the right of way and opening do line up or to alter the opening to match the proposed right of way It appears that the proposed street does line up with Minar Avenue (since Minar is not shown on the developers drawings we've had to scale the measurements off other drawings- we request that the location of Minar Avenue North be added to future drawings) ➢ A County access permit is required for the street access to CSAH 12 Since this will be a Stillwater city street the City should be the applicant If acceptable to the City the developers may apply on behalf of the City ➢ A center left -turn lane and an eastbound right -turn lane will be required The existing right -turn lane for Minar Avenue North must be retained We will work with the developers engineer and surveyor on the design of the turn lanes A left -turn lane for eastbound traffic to Minar Avenue should be provided as part of the construction Adding this second left -turn lane would amount to adding 300 feet to the widening required Washington County would contribute to the cost of that lane ➢ Washington County's policy is to assist local governments in promoting compatibility between land use and highways Residential uses located adjacent to highways often result in complaints about traffic noise Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U S Department of Housing and Urban Development and the U S Department of Transportation Minnesota Rule 7030 0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards Minnesota Statute 116 07 Subpart 2a exempts County Roads and County State Aid Highways from noise thresholds County policy regarding development adjacent to existing highways prohibits the expenditure of 11660 Myeron Road North Stillwater Minnesota 55082 9573 Phone 651 430 4300 Fax 651 430 4350 TTY 651 430 6246 www co washington mn us Equal Employment Opportunity / Affirmative Action highway funds for noise mitigation measures in such areas The developer should assess the noise situation and take any action outside of County right of way deemed necessary to minimize the impact of any highway noise Please contact me at 651-43004312 or by e-mail at toe lux(a�co washinqton mn us if you have questions or comments Sincerely Joseph Lux Senior Transportation Planner C Mike Welling County Surveyor Robert Wiegert Paramount Engineering and Design Dan Thurmes Cornerstone Land Surveying Inc N \WORD\Plat Review Stillwater\Legacy on Long lake CSAH 12 doc ..� .. iuiiwiuu, wlwuuuu} 1Jcvc1VIJ111G111 U1IeLtO1 Page I of 1 Bill Turnblad From Shawn Sanders Sent Friday April 28 2006 4 05 PM To Bill Turnblad Subject Legacy on Long Lake To Bill Tumblad, Community Development Director From Shawn Sanders, Intenm Public Works Director Date April 24, 2006 RE Legacy on Long Lake The Engmeenng department has reviewed the proposed plan and have the following comments 1 Dedicate land to the city for future well site- (Minimum 110" X 110' and not within the right -of — way) 2 72nd Street should be aligned as the thru street through the development 72nd 3 Street should be paved 600 feet to the east to Mid Oaks Avenue 4 Provide two access points to the pond and located within an Outlot 5 The future cul-de-sac should be constructed with utilities installed including the street One lot should be platted with the remaining area dedicated as an outlot 6 Street Grades shall not be more than 8 00% 7 Impact fees shall be paid pnor construction 8 Stormwater plan should be submitted for approval to Browns Creek Watershed Distnct 9 Impact fees shall be paid pnor construction 10 Grading Limits and tree protection/impacts should be defined 11 Park dedication does meet the requirement for an active park 12 The proposed trail on 72nd Street should include some type of water quality treatment on the north side, draining into Pond 2 13 Show a trail that connects to the parking lot 14 Grades should be adjusted to save more trees along the pond lots 6-11 15 Show proposed grades, house pad elevations on all custom lots 16 Submit plans to Washington County for comments 17 No runoff form the site shall dram into the Liberty development or Rutherford School 18 Ponds shall be platted in outlots that are owned by the HOA 19 MH 12 is too shallow Consider lowering the grade on the sewer to 0 4% to get a deeper manhole 5/4/2006 1 V IVI1ly rage 1 of 1 Bull Turnblad From Tom Ballis Sent Thursday April 20 2006 11 46 AM To Bill Turnblad Cc Stuart Glaser Subject Legacy of Long lake Memo To Bill Turnblad From Tom Balhs, Deputy Fire Chief Date 4/20/06 Subject Legacy on Long Lake After reviewing the preliminary plat for Legacy on Long Lake I have found a few three items for correction 1 Road width of 30' throughout development looks good with the exception to be were it will meet up with 72nd Street It appears to funnel down in both the southwest corner by lot 11, block 2 and again by the park in block 4 in the southeast corner of the development 2 Relocate fire hydrant located in block 4, park area south on 72nd approx 150' 3 Install new hydrant in area of block 4, lot 6 or adjacent corner Items two and three are not mandatory by Minnesota State Fire Code and already fall within the minimum requirements It would be beneficial to relocate and add a hydrant for fire department operations Any questions or concerns please contact me 4/24/2006 To Bill Turnblad Community Devel Dir Planning Comm City Council City of Stillwater From Katharine D Widin, Ph D, Forestry Consultant City of Stillwater (651)430-8765 (vm) Re Legacy On Long Lake (Development Plans re Tree Removal/Preservation) 4/27/06 I have reviewed the Tree Preservation Plans (1&2) Tree Tabulation Table (dated 4/8/06), and the Grading Plan for the proposed development of Legacy On Long Lake I have also visited the site to look at the trees I have the following comments/recommendations regarding this plan and submittals for the proposed development Tree Protection Ordinance (#891 3/21/00) — This ordinance requires that the maximum number of trees be preserved dunng development Several required submittals which were not included are a A tree protection plan which also lists measures to be taken to protect significant trees during development (please refer to the Tree Protection Standards of the City of Stillwater, available from the Community Development Director) b A calculation of existing canopy cover and acreage or percentage of canopy cover to be removed in process of development (both for construction of improvements and building pads on pnvate lots (estimate)) c Tree Replacement Plan 1 Tree removal for subdivision improvements requires a replacement of 10 trees/acre of removal of canopy cover 2 Pnvate development on building lots which removes canopy cover more than 35% will require tree replacement on a one -for -one basis 3 Replacement trees are in addition to any other trees required to be planted in accordance with any other City planning subdivision requirements There are large oaks along the W and NW boundaries of the site and in a few areas on the existing home site in Block 5 Plans show these trees to be retained Protection of these trees should be a priority during private construction on those lots Is it planned that there will be site reviews with builders on wooded lots prior to building to discuss home and driveway placement and procedures for mitigating construction damage to trees which are to be preserved? Please contact me if you have any questions regarding my review of this proposed development 4 Replacement trees should be planted on the development site according to an overall project tree replacement plan, or a fee, in lieu of planting, based on the retail costs of 2 in diameter deciduous trees, may be paid to the City for re -planting elsewhere within the City of Stillwater 5 please see the Tree Protection Ordinance for specifications for the Tree Replacement Plan This plan may be the same as `d' below Legacy on Long Lake 4/27/06 - 2 d A tree planting or landscape plan (please refer to the Subdivision Ordinance for the City of Stillwater regarding what should be included in the plan) Tree Preservation Plan and Tree List The plan and list reflect tree location, species and size on site In most cases, roadways and other improvements are in areas of smaller, less valuable tree species The designation of trees to be removed on the plan and list, reflects the impacts of roadways, including proposed grading Looking at the grading plan, I would expect that a few more trees might be lost due to encroachment on root systems in areas such as the south end of the proposed park, and around Pond #2 The plan and list do not reflect the trees to be removed during the course of building on individual lots As noted in the plans submitted, the specific trees to be removed will be indicated on the tree preservation plans for individual lots which will be submitted to the City by builders prior to home building Oak Wilt I saw no evidence of current oak wilt infection centers on the property during my recent visit Areas where oaks exist on he property should probably be re -inspected in July or August of this year to look for signs of infection Care should be taken to not wound or prune oaks from Apnl to October m order to prevent insect transmission of the oak wilt fungus to healthy trees If any oaks are pruned or wounded dunng this susceptible penod, the wounds should be painted immediately with spray paint, latex house paint or varnish If oaks are felled between April and October, and the stumps are to be left on site for more than a week, the cut stump surfaces should also be painted Additional Comments/Questions Is the park proposed for the SW corner of the site near Long Lake meant to be active or passive? Are any structures proposed for the park which would require removal of significant trees? There are some larger oaks on this area of the property and protection of these trees should be a priority during construction of any park improvements I 72 D STREET N. tcsik.H.12) JACKSON ESTATES 75TN STREET NORTH COCHRANES LONG LAKE d D op O 0 MUMOOTA 4 SCALE 1' = 100' ix o ix zoo wo F OT ; ; 666 9M1� GRAPHIC SCALE COW—iNILINITY D,_VELOPMENT ,r'71,;Ei,11 SHEET INDEX 1 COVER SHEET 8 TREE PRESERVATION PLAN NO.1 2 EXISTING CONDITIONS 9 TREE PRESERVATION PLAN NO2 3 PRELIMINARY PLAT 10 TREE TABLE 4 GRADING PLAN NO.1 11 SLOPE ANALYSIS PLAN 5 GRADING PLAN NO2 12 SWPPP PLAN 6 SANITARY & WATER PLAN 7 STORM SEWER PLAN CITY SUBMITTAL FOR REVIEW 0NLY z 0 a r4 a • aI ila z 0 w w z 0 u f�- a/6 �6 r SO1 04 43 E 326 61 c 326 58 289 04 I Q 4 6 u'1 0&, 6 `Y6w I S cP 011 CALL BEFORE YOU DIGI II TWIN CITY AREA 651 45 0002 60P9ER1�1. jSTA46 TOLL FREE 1 800 252 1166 ONE ( I CALL e,6 4?? u, 4J a A? LO n LEGEND DENOTES FOUND MONUMENT o DENOTES SET MONUMENT Yr„ WATER VALVES 6 HYDRANT od CATCH BASIN/STORM MH D CULVERT/F E 5 o SANFFARY MANHOLE B CLEAN OUT SIGN UTILITY POLE LIGHT POLE 5 HAND HOLE ❑ TELE/ELEC BOX o STORM MANHOLE COLUMN 0b - R13 *6 6 Lb rs `re 5 NO0 56 35 E 488- 11 0 too X 1136.12 uC� 6 a 6 OC T4 11/ E 5 C 3 SEPTIC / e NO1 04 48 501 04 43 E 996 27 ft, I' 06 o rib 995 95 1284 991 2 3 1 '�'� I — r EXISTING ELEVATION TREE SHRUB GAS METER GAS VALVE ELECTRIC UNE TELEPHONE LINE FIBER OPTIC UNE WATER UNE STORM SEWER UNE SANITARY SEWER LINE CHAINLINK FENCE CURB CONCRETE 30 ?OW Est Pv i '5 )4t. ;.. r x u6 o 3 c 06% i !t IF ..ip j1/ j� 0u iv �,.r Ip J i .4t`�� mm yX `f Sd.. l 4", i r i't � //' di .4 ! 84 ."1"------- , i i4i Y 09 i p i /fa iO i ilu1// sr A �F 4 I/ CIr r E�f / l;f t�ai 1�T/- ''{ c WB E4,4j4.. i o l�p�p j�jqqJ//WPi j'isiIw:9:i G grkf.IIIi .alb I O`� pT jai m `� i ♦y�Wi m w Ti . p'}.i Xl- "ILf i Jfl�l�lg$/ 11if c Y! ! a i I.it \\ !4 —4-- rG LIFE • ‘r...., It : r e. -. ,..:-...,..r...ki' lti,......,, f9:-..-4,,,...aa 7,r,'::::ii:' At to 589 4., 45 W 904 55 'f43001 ei 44 CON co 03 su CO N89 46 15 E IL" -iZ1,74'.1"IIIT'plti It cO .4.140,::: Lit:1 J. EXISTING LEGAL DESCRIPTIONS d • lb d II SUCEPT th t part tal d with I th f nowt g d nbed parcel That follows IMEISTERUNG PROPERTY (Ab tract) SOLI "NOTE MINERAL RIGHTS HAVE BEEN RESERVED BY THE STATE OF OdtNNESOTA OVER ALL THREE PARCELS AREA UTILITY INFORMATION THE UTILMES SHOWN HEREON WERE FIELD LOCATE PER VISIBLE STRUCTURES WHERE POSSIBLE ELECTRONIC PLAN DATA FROM THE CT' OF STILLWATER WAS USED TO SHOW ADDITIONAL UNDERGROUND UTILMES BENCHMARKS PROJECT BENCHMARK TOP NUT HYDRANT ON N SIDE OF 72ND STREET NORTH AT SW CORNER OF SITE FLOOD INFORMATION EBY GRAPHIC PLOTTING ONLY THE PORTION OF THIS PARCEL LYING NORTH OF 72ND STREET NORTH IS IN ZONE C OF TEHE FLOOD INSURANCE RATE MAP COMMUNITY NO APPEARS THAT MOST OF THE PROPERTY LYING SOUTH OF 72ND STREET NORTH IS IN ZONE A OF THE SAME MAP SURVEY NOTES THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30 TOWNSHIP 30 RANGE 20 IS ASSUMED TO BEAR NO1104 43'W SURVEY BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM 2- TOPOGRAPHIC FEATURES WERE SHOT TO THE BEST OF OUR ABILITY FINAL INSPECTION OF THE SITE WAS DONE UNDER SNOW AND ICE CONDITIONS PROHIBMNG THE viSigiLn-Y OF SURFACE MARKINGS SUCH AS PAINT STRIPE STRUCTURE INVERTS AND OTHER BURIED FEATURES 0 60 120 71.17.J CONTACT Bob Weigert 1440 Arcade Street Suite 200 St Paul MN 55106 Phone (651) 771 0544 Fax (479) 273 0844 VICINITY MAP Eire OF STILLwATER IINNESOTA COUNTY CERTIFICATION REVISIONS DATE 3 3 06 3 23 06 REVLSION ORIGINAL SURVEY ADD TREES S OF 72ND PROJECT LOCATION Stillwater, Minnesota 200 E Chestnut Stec Stillwater MN 5508 Phone 651 275 896 Fax 651 275 897 mcleodus nr CORNERSTONE LAND SURVEYING INC FILE NAME PROJECT NO SURVPEO BOUNDARY & TOPOGRAPHY SURVE1 EXISTING LEGAL DESCRIPTIONS 4} Z6 8s 016 Q U OOL C U U y m co a Z 0 U 0 o0 a mr P S01 04 43 E 326 6125 gE 4 4 26 \ ti 05 Y_ O N 02b r e L S005627 w 15236 61'Y m 102 78 M% •'I. L 5 82 � O 102 78 5 87 289 04 80 74 — f� 36 2 LEGEND DENOTES FOUND MONUMENT O DENOTES SET MONUMENT 18 WATER VALVES 4 HYDRANT •S CATCH BASIN/STORM MH p CULVERT/FE5 O SANITARY MANHOLE B CLEAN OUT SIGN UTILITY POLE LIGHT POLE O HAND HOLE ❑ TE18/ELEC BOX • STORM MANHOLE COLUMN 2 li LP F 1 N0056 27 E 302 74 5;3SON —�rf0qg2 `mod MINAR AVENUE NORT 0056 2 E 308 98 —� J wI 8 N005627t- N0058 22 E C' SETBACKS - ZONING PARCEL TO BE REZONED TR (TRADITIONAL RESIDENTIAL) 45 LOTS AND LR (LAKE LOTS) 5 LOTS PER BILL TURNBLAD OF THE CITY OF GAS METER STILLWATER GAS VALVE ELECTRIC UNE TELEPHONE LINE FIBER OPTIC LINE WATER LINE STORM SEWER UNE SANITARY SEWER UNE CHAINLINK FENCE CURB CONCRETE EXISTING ELEVATION TREE SHRUB r 483 A 6 Z1 gLN00 322E 130 00 —w 1 _ N003536 E 4. 51 81 NO 76 93 r 45 1.3000 1 'all N 3 is .0..4 I Ito. L 5883512 w 1 6 76 93- -- "" — _85R p) l-- r r 1 is 0. / / I 1 I" 31 / 5/ 1 311 !I 11lf1 I 3 ti 3 ' __ = I" 8 ; ti1 t to i ^ N n 9 ZIo / p H n 9 gLOCIK 9 r� �a 3 —I —$ I L 7693 —I 639'''' �7 1 1 7693 I 7500 ROAD "A" 00 08 W 3 75 00 — TR BUILDING SETBACKS FRONT 20 FEET (HOUSE) 27 FEET (FRONT FACE GAR ) SIDE 10 FEET (HOUSE) 5 FEET (GARAGE) REAR 25 FEET (HOUSE) 3 FEET (GARAGE) RESTRICTIONS BUILDING HEIGHT 15 RESTRICTED TO 2 1 /2 STORIES OR 35 FEET GARAGES AND ACCESSORY BUILDINGS MAXIMUM 1 000 SF AND 1 STORY OR 20 FEET LOT REQUIREMENTS AVERAGE LOT AREA 10 000 SF MINIMUM LOT WIDTH 65 FEET MINIMUM LOT DEPTH N A LR BUILDING REQUIREMENTS 20 000 SF 80 FOOT WIDTH 170 FOOT DEPTH LOT DATA TOTAL AREA 1 105 755 5Q FT 25 38 ACRES TOTAL PROPOSED LOTS 50 LOTS LOTS PER ACRE RATIO 1 97 LOTS ACRE N00 56 35 E 48811 = 1� 01044 Z 9y62 I— w cc 121. fV N01 04 43 W m o 977 1 84 ( Zoo ) /r 0 L 09 Bw 3732 STREET NORTH —75ES_ , `F 2 co i\ E SC E P 0 MIT ( b h h 326 58 1 1 W 682 6 f 1 h I f h 5 h 0 1S 30 Twnh 30 hR g 20we W h g C 88 g hdy Ih (llonn g d bed Sad 75 001 I I d Ikl.n h h 1 II .w g d sc bed I C mm g w corn 1 idNo h Nall 5 h Q h 01dgee04m es 8 dW m d b I g I g h h n q I 1 said S am 30 d (38031 h b g g 1 d 1 h h81 d g 50 ml 36 d E d te 1 395 68 f h N di (1279 971 19 g I w h h 1 g d 157295B1 d 1a1 gle (I2deg • 59 d d h dbe 1 g 1 h88 deg,. 1 wen 36 d Ea po h E f sa d Sena 30 Sam p0 be g 262 5 1 h N 1 h Ea Q 1 Id 5e to 30 d tl In g dpo h me fIe M I d l h 11 f h C Re rd d l h Co 1 Was g S 1M M E ZEP OPERTY IAbs ea Th p 1 h h If 1 So h Q an 15eam 30 T wnhp30 R 9 20W W h g C ryM N 9 I( h W 13901 f d5o Q N 9 M I h h 326 58 1 1 dS h Q tlN gale d1' 1 S Id L I d sc bed as I Bows C mrn I g h Ea Q C 1said Yak. 30 he So h89 dg 3m 37 d w as mdbedng I0g h I 1 d Y 30 d la 1900 55 fees ( d d h 88 d g 13 m 8 sec 4 W 904 55 feet) n S h15d g 51m 51 et 1dsW 137 82f go h htkI I id5 to 301 dad 5 h 17 d g 5 m 26 d W 1377.65 1) th ce 5 h 99dg 6m 12 d W long14so M�1 tl 1 369 301 ( tl d h 88 deg 10 m es 5 d W 369 30 1 ) h po f begmnmg 1 said L 1 h d g 27 m 50 nds W d 12 8 00 ( dd h 2dg 2 m es ec d W 281 ) h00d g 56 ml 27 ends Eas dt. 188I 1 dd h2dg 59m 30 d Ea 8811 f 1 h h 5 d 9 38 m 16 moos d Eas d I 9 89 1 1 h we pan 1 1 said Seam 30 1 d d h 7 tl g I m 19 sec nds Ea 494 584 1 d said ll I m 19 n rd gtoth u ds Coy S m h re 1 EXCEPT h pa 1Hd.n h he 1 )low g tl btlpare (Th I h W Ha0 1 h Souh Q I 5 30 wn h 30 h R ge 20 W W h g C W M d dbedas1110ws Comma g h on ea m I h Y lhwe 0 Ili So h Q 1 S 30 Town hip 30 North Ra g 20W Wash g Co ty W note Th h (0 9 h ash I h hwe Q 1 So h Q fuel Seale 30 d te 1 331 h d 1 h E W Town h oatl h 88 d g 10 m1 5 d W 550 fee 10 9 he 11 l sad Town hip R d d h h I h h 331 h I I h So hwe Q 1 h 5o n 0 1 d Y 30 h h 1 he 5 hwe Q I 1h 5o has Q 1 d Y 30 d re mN g ME STE H C PROPERTY (Ab ra Th W 8 90 1 I h h If f h So h Q re n 30 T wn hi 30 6 R g 30 W W h gt C ryM ne N g h rN I h h 326 581n 1 d So has Q DTE M ERAL R CHTS HA E BEE ESER ED BY THE ST TE M E50 0 ER ALL !TREE ARCFLS AREA T t IA 1 105 755 SQ FT 25 38 ACRES UTILITY INFORMATION THE UTIUTIES SHOWN HEREON WERE FIELD LOCATE PER VISIBLE STRUCTURES WHERE POSSIBLE ELECTRONIC PLAN DATA FROM THE CITY OF STILLWATER WAS USED TO SHOW ADDITIONAL UNDERGROUND UTILITIES BENCHMARKS PROJECT BENCHMARK TOP NUT HYDRANT ON N SIDE OF 72ND STREET NORTH AT 5W CORNER OF SITE ELEVATION 932 13 PROPOSED EASEMENTS DRAINAGE AND UTILITY EASEMENTS ARE SHOWN AS THUS (NOT TO SCALE) I I I-5 5—y to I I rlo t t BE CS FEET NW(DT DADJO N NC OT LINES U LESS OT EMIR 0 GATED AND BEI L 10 FEET N WOT D A0J0 NC R LNT O W U ES AND BOUNDAR U ES UNLESS OTHERW15E NO GATED SURVEY NOTES 1 THE WEST UNE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30 TOWNSHIP 30 RANGE 20 15 ASSUMED TO BEAR N01-04 431N SURVEY BASED ON THE WASHINGTON COUNTY COORDINATE SYSTEM 2 TOPOGRAPHIC FEATURES WERE SHOT TO THE BEST OF OUR ABILITY FINAL INSPECTION OF THE SITE WAS DONE UNDER SNOW AND ICE CONDITIONS PROHIBITING THE VISIBILITY OF SURFACE MARKINGS SUCH AS PAINT STRIPE STRUCTURE INVERTS AND OTHER BURIED FEATURES Opn II dopallfu �i1o111,. 0 60 120 NORTH SCALE 1 INCH = 60 FEET LEGACY ON LONG LAKE CONTACT Bob Welgert 1440 Arcade Street Su to 200 St Paul MN 55106 Phone (651)771 0544 Fax (479) 273 0844 VICINITY MAP CITY DF ST8L4 TER rff@SOtA COUNTY WASHINGTON COUNTY CITY OF STI LLWATER CERTIFICATION I h by ly h h pi w p red bym d mydre0 p r0n d h I m dlyL dladSryey d h law f h M f MINNESOTA. N 25718 D 01 16 07 REVISIONS DATE 04 07 06 01 16 07 02 07 07 REVS ON T L 55UE 2N0 ISSUES CITY REVISIO 5 PROJECT LOCATION 12525 75th St N PID #3003020420002 12620 72ND ST N P I D #3003020420004 12550 72ND ST N P I D #3003020420003 Stillwater, Minnesota S d 813100 200E Ch 1 I SI eat St llwal MN 55082 Phone 651 275 8969 F. 651 275 8976 dlt-081s@ mcleod sa net CORNERSTONE LAND SURVEYING INC FILE N ME PROJECT NO SURVPE03 PE06003 PRELIMINARY PLAT SHEET 3 t — 1 1 ti iil v r --- z ( G_- Li\-1 1\* 1 � 1 1 'Ii `f e,p _ Y{ � i. / l ! )! ° 1 ` 1 \ >6 l l I J // / / / ' / \ ' II �I � `*4 fi I '^'� %KZ."ir ti r 1 / \ L'' I I A It 1 Y I it " a� r 91i!_-_% - jp am •h`O i� (1 011 OAD A 0.70/i> rr2L� 2!I INFILTRA I• BASIN MAW EL Deu2 -st.5a 6ZI -1 rz 0 J rTh \\ 1 Iti \ (js I _ I I di gig z 0 m N LD O N r SHEET NO 4 GRADING PLAN NOI LEGACY ON LONG LAKE STBIWAIW. MNNBOTA OW119t/OEYELOPIX ELITE DEVELOPMENT 3033 EXCEISIOR BOULEVARD SUITE 305 MINEAPOLIS, MINNESOTA 55416 PARAAAOUNT ENGINEERING 8t DESIGN 1440 ARCADE STREET SUITE 200 ST PAUI, NINNESOTA FAX (650 776.5991 (690 7714014 DATE DBATB BY GEV C®C® BT NOD I LP-011CNEm MINmAL CERTIFICATION 1 BREW CEHTT THAT TES PUN TAS PREPA[= 8T 16 OR UNDER MT DIRECT SUPERVISION AND THAT 1 AY A HURT LICENSED PR0PeDG10NAL CIVIL ENGE= UNDER TEL IAIIS 0P THE STATE OF I@IN890TA LEFT TROT 15E84 PEG N0 DATE ROAD A MINAS? AVE N I BL �s tiF1t1 R '^ IS A& NY 0-'[3 X PAN 1-, Rf" 90b5 !l \ T^ 13 } I t/, 1 Ig 1ul — L / / P ,k201 1,' !�Fy 1 1 ,\-�- I3 d _J } IS, i/s 23O 272 MO I' -1/1 \"< f 1 .5 44e1 I 1 7„ *-( :.'+EC+N Cul0E . P� 12ND STREET N '227' AMINE /^ PROJ BI19 TNII 53213 �' i - t / i / 4 0 2.47/ . X ,'/ (I�,_.� ` ` T'CJ / ,..cam./iJ / yf V-' = i L 64'� Y 1 �( ' L t ' ��' - •1 / r � /' I I I I o I oI Ili L JACKSON ES T24 TES EMI o mIMP. Web LONG LAKE ICE ELEVATIO4 FEGRIAIFT 20011 ELEV4TIMI DMA t1 .1101 CM !MOM CP MEMO / ' 3 ,_! MATCH L!E SCALE T' • Su 50 0 50 100 150 l -1-4 / 4 J--4 _...1 1 1— 1 I LEGEND IN 8511,7 ^Y 96 b0 CRAFHC SCALE NOTES 9 ------ EXISTING CONTOURS 0 NEW CONrouRb 9795 res NEW SPOT ELEVATIONS DESIGNATED FUTUF E CUSTOM LOTS L TREE PRESERVATION PLANS FOR CUSTOM GRADED LOTS SHALL BE SUBMITTED ULEN THE HOUSE IS TO BE CONSTRUCTED AND SHALL BE SUBI'IITTED BT THE HOME BUILDING CONTRACTOR / 12ND STREET N / 6 / COC/-1 4NE'5 LONG LAKE / /4135 ■ F CITY SUBMITTAL FOR REVIEW ONLY U a' z 0 i a ELITE DEVELOPMENT GRADING PLAN NO2 0 z W 1x co Lr) T EX 8Ff1 "'i EX 94`. lM 7 12NP STREET N. RIM 917 INV 904. MR 3 RIM Rd 015.4 INV 903.8 9 RIM 9193 9014 `COMAEC= TO 6.01 60 ER MH RIM 9221 NV. 90084 RIM 920NV 990 0 — INV 810E0. RIM 9237 0 INV 9117 MH 12 A RIM 927 INV 9177 wri 13TH STREET ZORTF! (GSAN RIM 919.9 INV 901.20 MH 1 RW 91605 84V 90228 5 MN 6 RIM 9210 INV 913.0 RIM 91620 INV 90262 REM 915.15 DIN906.1 OME! A WATER 6105. 10. EIETR0a ROW MH7 RR MILS NNita D RIM 911 0 6 INV 9010 ELEVATION RELRIART 2006 ELEVATON 0696 hl¢ LW (PER O.AKEIWE JACKSON ESTATES u c INV 861.65 [Re 05 b9 WEIR 60998 INY 681.65 8 V 00190 COCHRANE 5 L 'e. LAKE BT0.1yµTER Tim 619Jm4 — — 12ND STREET N. 50 SCALE f • VT 50 100 150 GRAPHIC SCALE LEGEND —61LI ('1 0 0 005702 W41ER1451 —ero p a 05500 &IMTART 0151E9 —OW Y NioP alW WATEWNN eve 18 RROPOIWD 909TART 6Ea1ER NOTES 1. ALL UTILITIES SHALL ESE TO 1HE CITY BTILLWATER STANDARDS. 219 MINITIII COVER ON ILL4TER1AR1 3 10 HORIZONTAL SEPARATION 13ENIEEN SANITARY SELLER AHD WATERIAN MATERIALS SANITARY SELLER 8 PVC. (8DR 35) • 0A014 Mk SLOPE SANITARY SERVICES 4 PVL (SDR35) WATlR1AI14 6 /9 4 G DJP (CL 52) 24 DJP (CL WATERIAN SERVICES I COPPER STORM SE IER RCP 4 uI p U Co z 0 1 ce ELITE DEVELOPMENT 1 Q 63 W 9 • CITY SUBMITTAL FOR REVIEW ONLY 0 1Ivl3d 31 0 z z 0 1, O Ern W !a Y& A yyi$ p9q 1 I I I �I �� L. i " I ,< i7 � � ^ \ I 1— f \\ A A L.J I P \ I \\ 1 --1./ '-T--1 ‘\ /I V�i : V ZIP u, LIBERTY 1 I NE LAKE !TN ADD 1 wpi II 8 I z 0 —1 INFILTRATION MINAFE AVE. N. a I _ —t— i IIII I I till! I I I I MINAR AVE K II 11 lidJ11 i1 11 II I �' ' I ,1 l1 1 III II II I1 II \\\I '\I I 1 i\=I IIIIII1l1!l1111, `lI 1 I�1I12a 11III III A1lIl'II1I � I II11 II II 1111 11 1I I I1111 11 1 1 I I11 11 1 I 1111 1 1 1 1 Intl �� III 1 ,1 11 I \1 II I I I ' I I I 1 SHEET N1 O 7 STORM SEWER PLAN LEGACY ON LONG RAKE STHI.WAIE , MINNESOTA OYMERA EVELOPER ELITE DEVELOPMENT 3033 EXCELSIOR BOULEVARD SUITE 305 MINEAPOUS, MINN SOTA 55416 PARA AAOUNT ENGINEERING & DESIGN 1440 ARCADE STREET SU11E 200 ST PMII. MNNESOTA FAX (651) 7765591 (650 7710644 4 DATE 4-0-04 DRAIN BY NSW CIID® HY RON • T 1-01 CITY 0.EI9RTAL I IS•01 REVISED SEMRTAL CERTIFICATION I ICY CERTIFY THAT THH PLAN WAS PLANED ET L6 OR UNDER NT DIRECT SOPIEYHION AND THAT I AN A DULY LICENSED PROFESSIONAL CIVIL ENGIN= ONDEH THE WES or THE STATE OF IENNI50TL IEIIEIr 10Q. 10264 ImC N0. DATE • \ ♦ 0 • • • • • • ee 0 rtINAF� A� s i 1 SHEET NO 8 TREE PRE$EVATION PLAN NO I LEGACY ON LONG LAKE mLLWA1E. ANNNESOTA OWNBUDEvaorEl ELITE DEVELOPMENT 3033 EXO LSIOR BOULEVARD SUITE 305 MINEAPOUS, MINNESOTA 55416 PARA 4OU NT 117:: ENGINEERING dt DESIGN 1440 ARCADE STREET SUDS 200 ST PAUA, MYNNBOTA c®CP= Err FAX (659 7765591 (650 77F0544 wcw 11 2 1-01 CRT SRASPRDTAL I b4*1 REVISED SIEMRTAL CERTIFICATION I HEID9T CERTIFY THAT THIS PLAN 'OS PREPARED BY BE OR UNDER NY DIRECT SUPERVISION AND THAT I AN A DULY LICENM PROM :RONAL COIL. NDDDiZ UNDER THE THE u*E or THE STATE or NEINISIOTL i16284 HOBIIR VERO IIDD NO DATE 11 e31 P � f ., 1 8 +O/03 6 68 67 78' 78 I 8 866 74 1 8 12 ed c 394 60(4%, 1 S9B 790. 3 5'1-54 % 9Q 591- 14 BLOCK Q771`._J Q698 / 1 e--701 �0 15 J 1J62 18 315.21 20 12ND STREET N a r1 PROJ .M9 TNH 93213 3 2 oUTUOTT C BLOCK 2 6 6- 77 4604 .0'. 5 BLOCK 3 4 r e/59 vsr 2 Ar:46 0 3 12D STREET N J,4CKSON ES TA TES LONG LAKE ICE ElEVATIOisEORJART 7006 ELEVATION E45b 0u0.NNb f194IDI04 L/J0390FA! e�'f PIMPI NIuI nave ARM O T Z 1`0 i 3 _Aix, (4"��e1 7 \i / / / / UTLOT D (PARK) r'633 w 86 ,65 IN/ 86160 (1652 \461 16 1659,'- ( 1663 163/`IbbG \1'op 1672� 167 Ja 1116 7 1 1667 COCNR,4NE'S LONG LAKE M4Td L0i SCALE 1' ■ 50. 50 0 SO 11 1 1 1 1 1 GRAPHIC SCALE LEGEND 100 , coif 12ND STREET N z p • z 0 ce Q Q a UN w — J W PLAN NO] CITY SUBMITTAL FOR REVIEW ONLY 0 z 03 C> 11111111111 1 11111 11 Mgegg9gegggdgdgmgg gg3 gggggga m steesaaaesszassgik421*.uu sssotsteesammekmxaasaasesatektamkbklovam mmumu Cbngddd>Rexagyd EEEEEEE333E EORIMEERFERE[�i EEEEREIIEEFE[EEKERI E�EREIEREEEEMEMEEEEsiREMEEMEEIMEEr"i3E EEKUREErlflu f fi fi &[fiEEER 33333333333 3 e3 ERE3R8EE 38333 33 33333333g33 da 3d33333 33ER/RRE1�1��E333333dRril RR Mfg mall 333 3333 14 Int 33333333 dddddXddddd e o gdSXb0.1s0"0eo0 dd gds00ddtds. ° t dg.ddette°'ddaead ..dEIT3E111 ° e e Oe e e d g d Y t t Xa db7Slfg Y1 d d'tB1X XYg dgdIj��{�{f���Etgdeddgdd P p p p 6 56 gddgEtIgg (IIIIIIIIIII 111111111111IIIIII11 11 1111 1 IIIIIIIIIII 1 1111111 595 illaE&�4'E�66E``�m66�66g6EE8EEEESEE669666`�6gg96a6698g966896666�666666mult 866E666 6666s sgags599.59996681 agagaggaggag agagES magag EiL EEREEE EEEEEEEEEERERREEEEEEEEEEEEEEEEREMEEEE MEEEEEEEEEEEEEEEEEEEEEE �EEEEEEEEEE EEEEEEEEEEEEEEEEEEEEEEEREEEEEEEEEEEEEEEEEEEEE 3 a Elgin 011 1133333333i�33333333333333R01133333e 33333333333333333333333 3333333333 333333333333333333333333333333333333333333333 *r d°'mmuseshadmouddaaadg---tddXRlYdddgddetdYkddRYE1 dgdddadgdddddddtddrodgdtd gddedsddddedddadddaaXtdddtddXAXdXdOtd ValtRlddddAtdgdgd P p III 111111111 IIII11111111111111111 11111111 A 1 maaaami llool6g686iAE66g6668p6i6663smsggsNmmatmm36>'a865' 6656mE6EE16xE*igatigu65Euf;l8 mvammina 6g66u63666E6mg6gm8n1if3666g5599d EEpTTIM3EEEEp EIMIp UM TIM!eM I 333333333�3333 EEEE EEEEEEEEEEEEEEEMEUEEEEEIE EEIEREEEEEEE 3R 3 11a3333 333grill g 3Ume3Fg3dpit333333 333 "ddttdddddpaMttdtq StIONd edetAddddddoggdY�0o eddddeaadodddattdddYdd*�t.dYdXakq�XEtdt� od dd ddAdd dd dXt Pp P P P 11111 1 1 11111111111111111111111 111111111111 1111111111111111111111 1111111111111 11 SmutimmIlpsItigg4 multig puggspm'f98apgE6ggpggpg$gA163almitssimmgE9999S9anstiststeEEEp00tstallEEES#E#ESEE9 mee6A999@AQ646699sg2 31 F111...1...111...b1ri3am33g3333333r3dri3333dn " tt3Xdtddpd rill ir3i333 e3333r333333333itilrdddmadquu"ld L 33333togtdaeade333r333 d dXd ddAtdd°' d t g dd t d ddddddddd Xtdetddtdgkkk dc. 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I��t 1 �t �t y�gptga q d d d tl ddd ttIllt11171t1114�1111g1dddddandddd1:11i/193101 4111411.1A`� llIglIgIgIggSillBRBfiggi> llifilmi idol1�.s m��� 1Emfml�1�m adadateayd � :� } �gg �a1��aa�ae���e���1111111111111111111.e�aaaIaaaa;��E���3��1111111 F r r e0e a 3tdddAd°'li' PPe{ceded°'d X.iaa�����`�� � ��w �� �r�i�i °' p ddedOee�,d P Y' ilifilllif f e ee d qd Xm G !J dUUNdidAdk ddeAkdgbogg5eetddddU.BIE e prig P p P PPP PpP ow au4 DOH MAW O4 auw 1 DBH aul4+ GGpp�Cj d SaQla¢ QQQ illiilf0f5Oggiw>S 7 g5 MREWESRIUSUg idde edagditri tYddq i OO$$a Wi rEgigiRURRSURE lilil:EESIERli R R odd.deated.'"g lttg.d.dd°idg.dottSS11Rtg CITY SUBMITTAL FOR REVIEW ONLY 2 1-01 CDT cat 1T0 1 10-01 NRNQRD 01EHRTAL 118d1 NOI1V1f18V1 MI S33111 30 ON 1V101 43A01A1321 39 01 S331I1 SHEET NO 10 TREE TABLE LEGACY ON LONG LAKE STRLWA113. MNNFSOTA OWNBNDtvaOPER ELITE DEVELOPMET smaun Rama wwatnt.u. PARAVOUNT ENGINEERING 8t [DESIGN 1440 ARCADE STREET RATE 200 ST PNA, MRAESOTA FAX (6S9 726591 (650 7714144 rDATX A_e_m DRAIN BT DEW CHIC= HT PCB/ CERTIFICATION I BERM CID3TRT THAT TED PLAN TAR PREPAIICD BT NE OR UNDER MY DDRLT EUPERYIBION AND THAT I AN A CULT I1C6 w PROrMONAL CITD. 1:101DEMIM MO= TRIM LW Or THR MU or Im3I 0T• �bal�`Pl(//190� HDHRer Ruc 16284 RRU N0. DATE rr \ �-c i ll- - -- I ) \ / T `1 , liI / l \ /I �<` �)`, "-3I 1 t�r l \ I LIAERTY fiNf LACE 4TN ADD L ! l J • 1 / / / 1 // A t r a\ \ 1 f, / , / / i / \ --/� . 1 t) a\ 0 II I N SHEET NO 11 SLOPE ANALYSIS PLAN LEGACY ON LONG LAKE STTILWAI$A, MN13OTA cetywaEvaoFet ELITE DEVELOPMENT 3033 D(01SIOR BOULEVARD SUITE 305 MINEAPOLLS, MINNESOTA 55416 PARAOUNT ENGINEERING 8t DESIGN 1440 ARCADE STRffT SUITE 200 ST PALL MNNESOTA FAX (650 7763591 (650 7710544 • DATE 4.0406 Dam ET SASS CIRCI® NY 2 171 OTT euararree. CERTIFICATION I ICY CIUTTWT THAT TNIS WAN VAS PREPARED BY NZ 0R UNDER WY DIRECT SUPERVISION AND THAT I All A DULY LICENSED PROFESSIONAL CIVIL QTGINTER UNDER THE LANS OF THE STATE or MINNESOTA. A011AYT 11160 16204 2 1 CI ItEG NO. DATE r -n m z n m \ \ 0 Cl NaIJNVY NOIBON3 NI4V9 I1O1VO o• 0•t11 10110 \ N� \ '1 `)��'1 'T-� ci�- _ Llif kI L � L / Cal HERr iTN ADD , J i e c Wrgi rig8i g Eg jr4- 2 110 4Pill OM b Mitli 110 ; 11 ippiri hi! 4119 ill HO plip ; iOr 12 Ng! L 8b 0 o z 6 eg mi gi ID Pi !I I Idigi ; mi g gig gal i .o� M 11184! fl 41; F pi wig pail egig > o €PI I � s 0 S P A a P A 6 E� P 1 0 F\I ®0 3 0 A N z E 6116. 11111111. vlt mot' BOK / q) r, 2 CJ m\ 0 mr- mG\ r 4LK II Ip SHEET NO 12 SWPPP PLAN LEGACY ON LONG LAKE SIRLWATER, MINNISOTA casym OtVOPEX ELITE DEVELOPMENT 3033 EXCELSIOR BOULEVARD SUITE 305 MINEAPOUS, MINNESOTA 55416 PARAOUNT ENGINEERING & DESIGN 1440 ARCADE STREET SURE 200 ST PAUI, MI NESOTA FAX (651)7765S91 (650 771.0544 DATE 2 I4.O, DRAIN BY Cat® BY Rau CERTIFICATION 1 HEREBY CERROY TRAY TRH PLAN VAS PARED BY 103 0R UNDER MY D00I.T SUPERVHION AND TRAU I AL A DULY LICENSED PROFEE3I NAL CIVIL ENDRIT UNDER TIM LANS OF THE STATE 0r IONNE90TA R•BERT 1DE:ERY 16284 R1T1.N0 DATE • Si 1 iwa ter. I SIR H A 0 M DI Planning Commission DATE March 8, 2007 ITEM Annual Review of temporary garden plant sales CPC DATE March 12, 2007 REVIEWERS Community Development Director PREPARED BY Michel Pogge, City Planner BACKGROUND Each year for the past five years the city has granted several business in town a renewal of a special use permit to sell plants for about ten weeks in the spring These have been located in large parking lots where there are a great number of unused parking spaces Once again Cub Foods and Linder s Greenhouses are requesting renewal of their temporary permits There have been no compliments or parking issues up to this point with these temporary uses Related to Cub Foods, staff has discussed concerns with operating the greenhouse and the proposed fuel station with the local store manager As in past year both Cub Food has not begun construction of the fuel station and has set no time frame for construction If parking would become an issue one of the conditions would allow the city to revoke the permit for the greenhouse use If and when construction begins on the fuel station staff will monitor the situation at the site and take appropriate action The time period requested is mid April to July 5 for Cub Foods and April 27 to July 10th for Linder's Greenhouses RECOMMENDATION Staff recommends that the temporary permit be granted for the above specified length of time along with the following conditions 1 These permits shall be for the specified time in 2006 only 2 Any indication of parking problems in the area shall be grounds for revoking the permit 3 There shall be no storage or product sales outside of the designated area 4 Any proposed changes to the location or size of the sales area shall be subject to review by the Community Development Director ;Cuw Foods a SUPERVALU Company 1801 Market Drive Stillwater MN 55082 612 430 2350 Sheila McNamara Community Development Department City of Stillwater 216 N 4th Street Stillwater MN 55082 651-430-8823 Ms McNamara, Here is the schedule of our plans for an outside greenhouse The expected duration of the outside greenhouse is mid April until July 5`h depending on the availability of product Power, water, and phone access will be available at curbside location adjacent to the greenhouse fence The hours of operation are somewhat flexible due to weather and planting conditions The basic "open for sale" time frame will be 8a m to 9p m Please let me know if you need anymore information regarding our temporary structure Attachments Site map of Cub parking lot and greenhouse temporary location Respectfully, /In IL Mike Mast Store Director Stillwater Cub 651-430-2350 v., Ot rUrl1 1M 1 0 1 OIC f f J Gl1 f 1 ^'L- L. 09/49/9S TUE 09 10 PAX U12 03d 2810 Beal Estate/DSC CUB THUkSON el P a 002 ,I .1m........ rmi.. .amo .r...e..S..............wl wMOM ..MIIIMP.WIMP ..•1•11,.. IMIP..MMIN MIII..INIMP..I..•.---------- ........ -� 00031 ON0IHrd 83A01013 dilI1T1TIrTTmllnnninn11.11Mftlnnnn �p �1 ONIJBIx3 rIfTTTirlrnnri�.�- w GREENHOUSES GARDEN CENTER & FLOWER MARTS Flower Mart Division 275 W Wheelock Pkwy St Paul MN 55117 651-255-0417 Fax (651) 255-0444 E-mail flowermarts@linders com '7�.::cit�k .h`.s.. r-Y�'4<, f r �.'r•2,.:.;� '�'3'�':su�sa'::ni-F:' xN.-.',$L ".�'.i�..��'�—�"u ?�-nc_•,�;."^'E .�S'r'1t3'%.r'".i• {'"�ifi .h �Z `".�ar"'%.�- 5 .. •ai.�-:r-i'nY`�`t`�' .�.:�:'i r'�,7+',.1"`. 1. Y r February 15, 2007 Bill Turnblad Community Development Director City of Stillwater 216 N Fourth St Stillwater, MN 55082 Dear Mr Turnblad, Please consider this letter our request to renew our Special Use Permit with the City of Stillwater for our 2007 Flower Mart at the Valley Ridge Plaza According to our approval in 2002 the permit must be reviewed annually by the City of Stillwater This will be our sixth year at this location I am very happy to report that we have been very well received here and we are eager to return to service the customers we have earned We have heard many excellent comments from our customers here regarding Linder's coming to Valley Ridge and our quality, selection, customer service and warranties We are planning to locate in the same position as in 2006 This location worked very well and had little or no impact to the traffic flow in the lot I'm sure that if anything, it had a good effect on the traffic through the lot Our selling period for 2007 will be the same as in 2006, a seventy five day period from April 27 ttuu July 10, and we witi be setting up according to the same schedule as last year As in the past we will abide with all of the other provisions in the original agreement We are eager to continue being an excellent addition to the City of Stillwater and feel that we are doing a very good job here and compliment the Plaza's selection of retailers We have contact the owner of the Center and have been able to establish an excellent relationship They are eager to have us return Piatiec fi e Seedi % r gittlGCe We hope that we will again have an exciting spring season here I have attached diagrams of the Flower Mart as it will be in 2007 If there is anything else we need to do please contact me at 612- 685-7993 We are eager to return and be a part of providing Stillwater area residents with employment and plant materials to beautify their properties and gardens Sincerely, Cato Cella Division Manager — Flower Marts ) L n northwestern ave ilt JIIIII1iiIiJlHJjjiifijIjijIIijJij l l 1 LINDER`S FLOWER I1I`ART• frontage road state highway 38 n site plan V 8 I111111I11 111111111I111 A — 0 237 sf Al - 2 433 sf B1 — 3 000 if 82 — 2014s1 B3 — 1910sf CI — 420 sl C2 — 424 s1 C3 — 3 390 sf C4 — 2 401 sl D — 7440s1 E — 400 if F — 490 of 0 — 4980s1 K1 — 2 340 at 112 — 1 295 sf 112 — 1 010 sf 11 — 2340s1 12 — 2 180 sf J1 — 1440 sf J2— 2 810 sf K1 — 1 440 sf K2 — 1 440 sf K3 — 1 440 sf LI — 2 190 sf L2 — 1 971 sf ■ — 4 070 sf MI — 1 800 sf N — 1 480 sf 0 50 100 200 site information site area leasable area avlable parking 359 589 el 82 362 sf 480 stalls river heights plaza state highway 36 & 9 y northwestern ave stlllwater, minnesota location map Serv►ce Counter • 6' Exits (2) • Stillwater - Valley Ridge Floor Plan 84' 4 4' Aisles i i 30' / / I i Fire Extinguisher (2) -- FE 6' Aisle • • • • • 1 • \ • • • 12' High Greenhouse 07 Scale 3/32" = 1' 36' Linder's Flower Mart Stillwater — Valley Ridge Center 1 !water N F BIR N A F O t N N F 1 0 1 A Planning Commission DATE March 8, 2007 ITEM Annual Review of St Croix Boat and Packet Co and Gondola on the St Croix wharfage permits CPC DATE March 12, 2007 REVIEWERS City Administrator and Community Development Director PREPARED BY Michel Pogge, City Planner lfjw° BACKGROUND As a condition of approval of the special use permit issued of the St Croix Boat and Packet Co , an annual review is required A part of the review includes a wharfage permit for the Gondola on the St Croix that uses the public dock for boarding We have received no significant complaints on the operation or maintenance of the docks area The St Croix Boat and Packet Co operate six boats from the docks and provides transient boat dockage for visitors by water Their previous year's tips and passenger counts are as follows St Croix Boat and Packet Co Boats Charters Excursions Trips Passengers Trips Passengers 10 884 Jubilee II 60 6 303 159 Andiamo 83 2,935 1 57 Anastasia 134 6 411 13 486 Andiamo Showboat 141 12,281 31 2 186 Empress Andiamo 55 9,316 102 11,999 Avalon 58 19,566 59 14,338 Total 531 56,812 365 39,950 The gondola booked 1000+/- passengers in 2006 RECOMMENDATION That the planning commission renew the Special Use Permit for 2007 Attachments St Croix Boat and Packet Co 2007 fee schedule Proposed 2007 Dock Permit • DOCK PERMIT Pursuant to Chapter 48 6 of the Stillwater City Code, the Stillwater City Council ("City") hereby grants to the St Croix Boat and Packet Company ("Company") a Dock Permit upon the following terms and conditions 1 LOCATION The Dock may be maintained in the St Croix River approximately 150 feet south of East Nelson Street, on the parcel owned by the City and located immediately south of the Dock Cafe parcel of land 2 OTHER RULES The company must abide by the rules and regulations and permit conditions of the Corps of Engineers of the United States Army and the Minnesota Department of Natural Resources Any charter or excursion vessels carrying passengers for hire and using docks must abide by applicable U S Coast Guard regulations 3 NO GAS PUMPS No gas pump may be located on the dock 4 NO DISCRIMINATION The Company may not discnminate against any person on the basis of race, creed, national origin, sex or social status 5 WATER FRONT REGULATIONS The Company must abide by all rules and regulations and restnctions set forth in Chapter 48 11 of the Stillwater City Code relative to the waterfront 6 SPECIAL USE PERMIT The Company must abide by the conditions as set forth in the Special Use Permit (SUP/88-00) issued to Company by the Stillwater City Council, dated July 18, 2000 7 SCHEDULE OF FEES AND REPORT OF ACTIVITY Upon request of the City, the Company must submit a schedule of fees charged for the general and transient boat docking and a report of summarizing the boating activity for the year The activity report must state the number of boating tnps made each week and the number of passengers earned dunng the week 8 INSURANCE The Company must provide the City with Certificate of Insurance evidencing One Million/Three Million General Liability Coverage of their operation, naming the City as an additional insured under the policies as their interest may appear 9 PUMP OUT PRIVILEGES The Company must provide pump -out pnvileges for manne heads for any boater requesting this pnvilege at the same rate and fee charged to boats that are moored at the dock for a fee 10 INSPECTIONS The City reserves the nght to request inspections of heads, electncal systems or other unsafe conditions on or about the dock or any vessel moored thereto 11 USAGE The moorage at the dock facilities is limited to five (5) charter and or excursion boats and one (1) service boat not exceeding 26 feet in length The Company must accommodate a reasonable number of public "walk on passengers and Company must also accompany a reasonable number of transient boats In no event must the number of boats or vessels exceed the moorage limitation contained in the permits issued by the U S Army Corp of Engineers and the Minnesota Department of Natural Resources 12 PERMIT FEE The annual permit fee is $1,500 00 each for the Avalon (a 675 passenger rear wheeler), Empress Andiamo (a 500 passenger rear wheeler) Andiamo Showboat (a 150 passenger rear wheeler), Jubilee (a 150 passenger rear wheeler), the Andiamo (a 115 passenger rear wheeler moored at Sunnyside Manna), the transient boat docks and the Company owned dock for a total of $9,000 00 The permit shall also allow a 26-foot service boat 13 TRANSIENT BOATS Transient boats are defined as vessels that use the dock as a stopover pnvilege on a tnp that does not onginate from the dock Transient boats must be limited to dock up not more than 24 hours per stay "Bareboat" charter vessels are considered transient boats if the ongination of the tnp, including loading of passengers, takes place elsewhere 14 PARKING The City reserves the nght to request the Company's assistance in assunng that patrons and guests of the Company will park in a designated municipal parking lot 2 15 FIRES No person may build a fire in any area of the docking premises or in any vessel moored at the dock 16 OBSTRUCTIONS The City does not by granting this permit accept any responsibility for dredging the dock area or making the dock area free from obstructions or other hazards to navigation 17 STORAGE The City is not responsible for storage of the docks dunng the off-season and the Company must abide by any decision of the City with regard to storage 18 RESERVATION OF RIGHTS The City reserves the nght to add or amend these rules when needed to protect the health, safety and welfare of the City 19 RIGHT OF ENTRY The Company agrees to grant the City a nght of entry upon any portion of the City property upon which the Company has constructed tenant owned improvements for the purposes of constructing Phase II and Phase III of the Stillwater Levy Wall project dunng the year 2000, subject to reimbursement to Company of any expenses associated with moving tenant owned improvements that are lawfully due to Company and under the Federal Relocation Standards Act 20 DURATION The duration of this permit is from January 1, 2007 through December 31, 2007 21 TERMINATION This permit may be terminated by the City at anytime it is deemed necessary for the protection of the public safety, health or welfare or for a violation of any conditions of this permit Dated this of , 2007 CITY OF STILLWATER By Ken Harycki, Mayor Attest Diane F Ward, City Clerk 3 Excursions Page 1 of 3 rL;$sHomrz PubIi Ex drspons to Private lCharter", - a ' of Other Locations 6.tro»loaf &Jacket u, P 0 Box 406 525 South Main Street Stillwater MN 55082 651 430 1234 2007 Daily Schedule (All prices plus tax) SEASON OPENS MAY 13thtt? SEASON OPENS MA DAY DEPART ARRIVAL CRUISE INCLUDES Adult Child 6-12 Mon -Fri 11 30am 1 30 pm Deli Luncheon $16 95 Adult $13 95 Child Monday Tuesday Thursday 6 15 pm 8 30 pm Chicken & Ribs $18 95 Adult $15 95 Child Wednesday 6 15 pm 8 30 pm Prime Rib & Chicken $22 95 Adult $19 95 Child Friday 6 15 pm 8 30 pm Prime Rib Walleye, Chicken Buffet $23 95 Adult $20 95 Child Select Fridays 7/13 8/3 8/10 8/17 & 8/24 6 15 8 30 Prime Rib & Chicken Band $26 95 Adult $23 95 Child Select Fridays 7/13 8/3 8/10 8/17 & 8/24 8 45 pm 11 30 pm Band Cruise No Food $ 11 95 Saturday 11 00 am 1 00 pm Deli Luncheon $16 95 Adult $13 95 Child Saturday 5 30pm 8 00 pm Complete Feast Dixie Band $27 95 Sunday 10 30 am 1 00 pm Brunch Buffet $18 95 Adult $15 95 Child Sunday 1 30 pm 4 00 pm Roast Beef & Chicken Dixie Band $19 95 Adult $16 95 Child Sunday 4 30 pm 7 00 pm Roast Beef & Chicken Dixie Band $19 95 Adult $16 95 Child 20 people total minimum or trip will be cancelled All lunch & dinner cruises include coffee all other beverages are an extra cost Cash Bar available on all cruises Ages 13 & Up are an adult rate children ages 6 12 are a child rate children 5 & under are free on most cruises Confirmed reset \ ations by adh ance putchase of tuLkets only No refunds' All Pticcs Plus Ta\ (American Express VISA MasterCard and Discover Debit Cards accepted) 651-430-1234 Monday thru Saturday Lunch Cruise $16 95 + Tax Mond i% Frid —11 30 to 110 S itui da' — 11 00 to 1 00 Deli Meats & Cheeses breads assorted salads fresh fruit a warm entree that 1, aries daily http //www andlamo ent com/excursio htm 3/9/2007 Excursions Page 2 of 3 cookies and coffee Sunday Brunch $18 95 + Tax 1030to100pm Tomato basil beef tips with pasta cheesy eggs bacon and sausage hash brown potatoes sweet rolls fresh fruit orange juice coffee and seasonal salad and entree selection Sunday Jazz Me On The Water $19 95 + Tax 1 30 to 4 00 p ni Featiii ing The Emperors ofJazz Beef Pot Roast roast chicken garlic mashed potato assorted salads fresh fruit rolls and desserts coffee Sunday Jazz Me Again $19 95 + Tax 4 10 to 7 00 p m Featuring The Emperors ot Jazz Beef Pot Roast roast chicken garlic mashed potato with cream sauce assorted salads fresh fruit rolls and dessert coffee Monday, Tuesday & Thursday Night Dinner Cruise $18 95 + Tax 615to830pm Our Famous BBQ Ribs & Roasted Chicken Potatoes Cole Slaw Baked Beans Rolls and Butter Cookies & Coffee Wednesday Night Dinner Cruise $22 95 + Tax 615to830pm Enjoy our delicious buffet of Prime Rib and grilled chicken breast with a artichoke roasted red pepper sauce potatoes green salad fresh fruit rolls & butter dessert and coffee Friday Night Dinner Cruise $23 95 + Tax 615pm to830pm Enjoy our delicious buffet of Prime Rib Walleye and grilled chicken breast with a artichoke roasted red pepper sauce potatoes green salad fresh fruit rolls & butter dessert and coffee Saturday Night Dinner Cruise $27 95 + Tax 5 30p ni to 8 00 p m Fnlos the authentic Dixieland sounds ot The Emperors ot Ja7/ Roast Beef Tenderloin with peppercorn sauce grilled chicken breast with Maltese sauce breaded Cod parsley buttered potatoes Green salad fresh fruit and gourmet desserts Select Fridays Musical Dinner Cruise & 8 45 Band Cruise July 13, Aug! Friday Night Cruise $26 95 + Tax July 13 August 3 10 17 & 24 6 15 p m to 8 30 p ni Musical Dinner Cruise Enjoy our delicious buffet of Prime Rib and grilled chicken breast with a artichoke roasted red pepper sauce potatoes green salad fresh fruit rolls & butter dessert and coffee Friday Night Band Cruise $11 95 + Tax JuI' 11 August 3 10 17 & 24 8 45 p m to 11 30 p m B ind Cruisc No Food Band Schedule Date Band July 13 August 3 August 10 August 17 August 24 All Pi ices Plus I ax MN sales tax on food portion and port charge on boat portion 651-430-1234 http //www andtamo-ent com/excursio htm 3/9/2007 Excursions Page 3 of 3 Last modified January 2007 866 http //www andiamo-ent com/excursio htm 3/9/2007