HomeMy WebLinkAbout2007-10-08 CPC PacketJ
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THE BIRTHPLACE OF MINNESOTA
CITY OF STILLWATER
PLANNING COMMISSION
NOTICE OF MEETING
The City of Stillwater Planning Commission will meet on Monday, October 8, 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 September 10, 2007 MINUTES
3 PUBLIC HEARINGS
301 Case No 07-46 A request for a variance for the location of a pool in the
side yard located at 512 6tn Street South in the RB, Two Family Residential
District Tim Freeman, Folz, Freeman, Erickson Inc , representing Jennifer
MacDonald
4 OTHER BUSINESS
401 Discussion of the new proposed St Croix Preparatory Academy location
NOTE Reminder of meeting with City Council on November 8, 2007
The November Planning Commission meeting will be on
Wednesday November 14, 2007 due to Veterans Day
CITY HALL 216 NORTH FOURTH STREET STILLWATER MINNESOTA 55082
PHONE 651 430 8800 • WEBSITE www cl stiliwatermn us
City of Stillwater
Planning Commission
September 10, 2007
Present Dave Middleton Chairperson Suzanne Block Gregg Carlsen Mike Dahlquist Dan
Kalmon Taylor Luke Wally Milbrandt David Peroceschi and Charles Wolden
Staff present Planner Mike Pogge
Mr Middleton called the meeting to order at 7 p m
Approval of minutes Mr Milbrandt seconded by Mr Wolden moved approval of the minutes of
Aug 13 2007 Motion passed unanimously
Case No 07-44 A special use permit request for a skin care and massage studio in the
residence at 110 Mulberry St E in the RB Two Family Residential District Sandra Merhar
applicant
Mr Pogge reviewed the request and conditions for granting a special use permit for a type III
home occupation Mr Pogge said it is staff s opinion that the request meets the intent and
conditions of the ordinance He did note a letter had been received from the Stillwater
Townhome Association opposing the request
Mr Carlsen asked about type III businesses Mr Pogge stated the businesses are those where
customers come to the home such as a hair salon and are allowed in the RB District Mr
Kalmon asked how common such requests are Mr Pogge stated typically the City receives one
or two requests a year and he said generally there are no problems as long as the
applicant/permit holder follows the conditions of the permit Mr Kalmon asked if there are any
Comp Plan issues related to this request Mr Pogge responded in the negative
Mr Middleton opened the public hearing No comments were received and the hearing was
closed On a question from Mr Middleton Ms Merhar stated there would only be one client
present at the home at any one time and she stated appointments would be scheduled so only
one client is present Mr Middleton asked whether the Commission might want to put a cap on
the number of clients or further regulate the hours of operation Mr Milbrandt pointed out the
permit is subject to review upon complaint
Mr Peroceschi seconded by Mr Wolden moved approval as conditioned Motion passed
unanimously
Case No 07-45 Final plat and final PUD approval for Liberty Village 5ch Addition and special use
permit for a commercial office/retail building at the southeast corner of County Roads 12 and 15
Outlot D Liberty Village Mike Waldo Liberty Office Group LLC applicant
Mr Pogge reviewed the request and the conditions related to the issuance of the final plat and
PUD and the special use permit Mr Wolden asked about condition No 18 which restricts any
restaurant use to no more than 1 831 square feet Mr Pogge explained that condition is related
to parking requirements Mr Carlsen said the parking lot arrangement appeared it might be
difficult to enter and exit Mr Pogge said staff is satisfied with the proposed layout The
applicant was present and noted there are opportunities for shared parking as well as on -street
parking Mr Dahlquist asked whether tenants would have to come back for a special use permit
City of Stillwater
Planning Commission
September 10, 2007
Mr Pogge stated any future tenants would have to come before the Planning Commission only
if the proposed use is outside of this permit use — retail office and potential restaurant uses
Mr Middleton opened the public hearing No comments were received and the hearing was
closed Mr Peroceschi seconded by Ms Block moved approval as conditioned Motion passed
unanimously
The meeting was adjourned at 7 30 p m
Respectfully submitted
Sharon Baker
Recording Secretary
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Planning Commission
DATE September 24, 2007 CASE NO V\07-46
APPLICANT Tim Freeman, Folz, Freeman, Erickson Inc
PROPERTY OWNERS Jennifer MacDonald
REQUEST A variance to allow a pool to be located in the side yard and within
the required 10 foot side yard setback
LOCATION 512 Sixth Street South
COMPREHENSIVE PLAN DISTRICT SFLL - Single Family Large Lot
ZONING RA - One Family Residential
PC DATE October 8, 2007
REVIEWERS Community Dev Director
PREPARED BY Michel Pogge, City Planner ftf
DISCUSSION
The applicant is requesting a variance to Sec 31-514 Subd 5 of the City Code in order to
allow a pool to be located in the side yard' Additionally, the applicant would like to
install pool's mechanical equipment within the required 10 foot setback for all property
lines
Sec 31 514 Miscellaneous Residential and Non Residential Performance Standards
Subd 5 Swimnung pool locations All swimming pools or appurtenances thereto shall be located in the
rear yard at a distance of at least ten feet from any property line (see Chapter 33 2 for additional
requirements)
512 Sixth Street South
Page 2
EVALUATION OF REQUEST
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 at 512 Sixth Street South slopes from the northwest corner down to
the southeast corner The garage sits higher than the home and the front of the
property Due to the topography behind the home it would be difficult to place a
pool in this location This hardship is particular to this property
Staff would note that the property directly to the south has a pool in the side
yard similar to what is being requested in this case The City did not issue a
permit for this pool Per state code, a neighboring violation can not be used to
justify a variance In this case the issue is related to the physical property and is
not being justified due to the neighboring violation
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
This property is zoned for a single-family home and is currently being renovated
for continued use as a single-family home Without tlus variance the property
owner will be able to continue to use the property as a single-family home Staff
does not believe that approval of this variance is necessary to preserve a
substantial property right which has been denied
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 of this code is to provide a uniform street appearance and to protect
adjoining property owner from damage from accidental water discharges In
this case the property owner is proposing to install a privacy fence to screen the
pool Additionally, with the topography change on the property and the existing
landscaping the pool should be well screened from Sixth Street The property
owner to the south sits higher than the elevation of the proposed pool and will be
protected from any accidental water discharges from the pool
The property owner is proposing to place the pool equipment just off the side
property line Staff would recommend that all of the pool equipment be located
a minimum of three feet from the side property line, similar to what would be
required if this was a shed With this condition, staff believes that as proposed
the pool will meet the intent of this section and will not adversely affect the
public interest
r
512 Sixth Street South
Page 3
FINDINGS
1 That the hardship is peculiar to the property and that it is not created by any
act of the owner In this context, personal financial difficulties, loss of
prospective profits and neighboring violations are not factors involved in
justifying a variance
2 That a variance is not necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same district
3 That the authorizing of the variance will not be of substantial detriment to
adjacent property and not materially impair the purpose and intent of this
title or the public interest nor adversely affect the Comprehensive Plan
ALTERNATIVES
The Planning Commission has the following options
1 Deny the requested variance allow a pool to be located in the side yard and
within the required 10 foot side yard setback [Sec 31-514, Subd 5] since an
affirmative finding on the required conditions for a variance could not be
made by staff
2 Approve the requested variance allow a pool to be located in the side yard
and within the required 10 foot side yard setback [Sec 31-514, Subd 5] If the
Comrrussion chooses to grant the variance the commission needs to make an
affirmative finding on the required conditions for a variance Additionally,
staff would suggest that the following conditions for approval
a All revisions to the approved plan shall be reviewed and approved by
the Community Development Director
b That the pools mechanical equipment be located no closer than 3 feet
to any property line
3 Continue the public hearing until the November 14, 2007 Planning
Commission meeting The 60 day decision deadline for the request is
November 13, 2007, however, staff could extend the review deadline for an
additional 60 days as allowed by state statutes in order to allow adequate
time to consider the requests
RECOMMENDATION
Since an affirmative finding could not be made for the three variance review criteria,
staff recommends denial of the requested variance
Attachments Applicant's Form and supplemental material
0
Folz, Freeman, Erickson, Inc.
LAND PLANNING • SURVEYING • ENGINEERING
MacDonald Pool Variance Request
Project Narrative
The applicant is requesting a variance to Chapter 31-1 Subd 24 (14) which requires swimming pools and
appurtenances to be located in the rear yard at least a distance of 10 feet from any property line The
property does NOT have a rear yard as defined in Chapter 31 1 Subd 4 which defines a rear yard as follows
"Yard, rear means an open, ung c space on the same lot with a main building, between the rear line of the
building and the rear line of the lot and extending the full width of the lot' The area normally thought of as
the ` rear yard' on this lot is occupied by the garage and driveway Therefore, no ` rear yard exists on this
lot This, of course, is the hardship for the variance request. This condition is not something that the
applicant created and it makes this particular lot somewhat unique The variance will not confer any special
privilege to this lot that other lots will not enjoy The pool will not fit within the area between the house and
the garage It does not make any sense to ask the applicant to relocate the garage and driveway to create a
rear yard, as there are no other areas on the lot that can accommodate the garage and driveway and still meet
the setback requirements The intent of the ordinance is to use the house to shield the pool area from the
neighborhood's view This proposal meets the intent of the ordinance
The apphcants are proposing to install the pool and appurtenances on the side of the home, but behind the
front of the house The pool area will be screened from the street by a six foot privacy fence and planting
materials The pool as proposed will be immediately adjacent to the pool on the neighboring lot to the south,
but further back from the front of the lot than the neighboring pool The neighboring lot has the same
condition as the applicant insofar as the garage and driveway are occupying the area normally considered the
rear yard
The total impervious area of the lot is being reduced from the existing condition. The existing condition is
19 3% impervious for the buildings (25% allowed) and 20 6% impervious for the driveway and sidewalks
(25% allowed) By replacing some of the sidewalks and driveway area to pervious surfaces, the proposed
impervious area of driveway, sidewalks and pool areas will be 17 6% The building areas are unchanged
12445 55th Street North Lake Elmo Minnesota 55042 • Phone (651) 439 8833 • Fax (651) 430 9331 • Website www ffc inc com
Bruce A Folz LS Timothy J Freeman, LS Todd A Erickson PE
1939 2001 Principal Principal
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Notes -- -CERTI"FICATE OF SURVEY Notes
Orientation of this bearing system BARR ETT M STACK Underground or overhead, public or private
is an assumed datum. ( ILL`,NATER,MfN�N 51082 utilities, on or adjacent the parcel, were
o Indicates 1/2" ID iron pipe set marked E� °Fa1MT1eYlNtAeaee� not located in conjunction with this survey,
with a plug inscribed STACK RLS 13774 unless shown or noted otherwise hereon.
• Indicates monument found in place or survey L►NDBHRVItyeR Locatiom shown for existing concrete walls
point set, as noted hereon Td Me 4"16n are aWaxifnte. Many of these walls are
----OU---- Indicates Overhead Utility lines in place are tipped mW broken, as generally noted
Offsets shown to existing structures are mess to the "C M " Indicates Resurvey Dimensions shown on City of
outside bldg wall line, unless noted otherwise hereon Stillwater Sectional Mai) No 10, as further noted below
SURVEY MAD8 EXCLUSIVELY PORT 3wifer J. MacDonald, a.k a. Jennifer J. Lampi,
S1Y SovM Sixth Street, Sti1lW&W, Mirf Sota SIM
DKOCRIPTIONAs Supplied (copy of Title Ins. Co. Policy/No. OPA-0018343, vested in Jennifer J Lampi)
Lots 3 and 4, Block 48, Churchill, Nelson and Slaughter's Addition to Stillwater,
Washington County, Minnesota
SURVEY REPORT AND ADDITIONAL NOTES,
"M Indicates field measured values "R. ISO?" and "8.160?" Indicate conflicting record dimensions as shown
on the plat of Churchill, Nelson and Siau~ 's Addition to Stillwater, hereinafter referred to as "the plat",
recorded as Document No. 416049, Vaihington County records -"R " Indicates record dimensions as shown on the
plat The Plat, also known as Myron Shipards per°fected plat, was authorized and executed by an act of the
Minnesota Legislature in 068 and sl-ce*-A p.ior recorded plat documents Dimensional conflicts appear on
the face of the Perfected Plat "C M.' LJJILtgt'r.l Re -survey dimensions for Blocks 47 and 48, Churchill, Nelson
and Slaughter's Addition, as shown on City of Stillwater Sectional Map No 10, dated Feb 1914, prepared by
Lewis W. Clarke, City Engineer A copy of the pertinent portion of this City Map is attached to this survey
Mr Clarke went to great detail to cote and doccnjent his solution to the dimensional conflicts on the plat
These dimensions and angles, as shown on said City Map, appear to fit public street improvements, occupation lines
and survey monuments found inplace internal of and on the occupied boudaries of Blocks 47 and 48 of the plat
Mr Clarke appears to have placed the dimensional error were it occured, that is in the easterly tier of lots
in Block 48 and the westerly tier of lots in Block 47 of the plat Discuss this matter with legal counsel for
an opinion on what steps, if any, that may be required to address this matter
Also included with this survey is a photo enlargement of the pertinent portion of the Perfected Plat showing
conflicting dimensions. Blocks 47 and 48 of Churchill Nelson and Slaughter's Addition are shown thereon
as Rditn I ral IV
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I I 8 9 1 H F L A E 0 1 M I N N I S 0 1 A
DATE September 24, 2007 CASE NO NA
APPLICANT St Croix Preparatory Academy
REQUEST Discuss Revised Location for School
LOCATION 8528 Neal Avenue North
Located on west side of Neal Avenue
COMPREHENSIVE PLAN SFLL, Single Family Large Lot
ZONING TR, Traditional Residential
PLANNING COMMISSION DATE October 8, 2007
PREPARED BY Bill Turnblad, Community Development DirectorT
BACKGROUND
As you will recall, the St Croix Preparatory Academy is searching for a site they can
develop for their new school On June 11, 2007 the Planning Commission held a public
hearing for the school's request to build their facility at 8753 Neal Avenue North (the
Heifort property on the east side of Neal Avenue) The Comrrussion voted to deny the
proposed height variance and recommended that the City Council deny the remainder of
the development requests To preserve its right to present the entire case to the City
Council, the school appealed the variance denial
Rather than have the proposal go directly to the City Council for a public hearing, school
officials requested to be placed on the Council's July 3, 2007 work session agenda as a
discussion item only The purpose of the discussion was for the school to present its
plans to the Council to better gauge what the school's next steps should be The result of
the discussion was that St Croix Preparatory Academy tabled its application for the
Heifort property
Subsequently, school officials have explored the possibility of building at 8528 Neal
Avenue North This property is on the west side of Neal and lust to the south of the
Hiefort property
St Croix Preparatory Academy
Revised New Location
Discussion
Page 2
The new location would be comprised of three parcels The northerly parcel is currently
a part of the Millbrook development The southern two parcels are owned by C3 Land
Development These two parcels were recently approved by the City for residential
development Though the plat for the development was approved (Brown's Creek
Reserve), actual development was never begun
The combined size of all three parcels is about 14 acres (gross area) Access for the school
would be from White Pine Way, not Neal Avenue All of the schools athletic fields and
parking would be located on this site
SPECIFIC REQUEST
Before progressing too much further with detailed site planning, school officials would
like to have a discussion with the Planning Commission to get a feel for general reactions
to the new location
EVALUATION OF REQUEST
A COMPREHENSIVE PLAN AND CITY ZONING CODE COMMENTS
Comprehensive Plan
a The City's comprehensive plan future land use map guides both the
Carlson and Lennar (Millbrook) properties for SFLL, Single Family Large
Lot development
1 Prior to approval of the Millbrook PUD, the northern of the three
parcels was guided for AF, Attached Single Family (1 e townhomes)
development But with the approval of Millbrook, the townhomes
were relocated to the northwestern portion of Millbrook and the
subject parcel was approved for SFLL development
b SFLL classification is used for areas that will develop residentially at 2 0
units/net acre or less In addition to residential uses, there are a number of
other uses that are allowed in a neighborhood that is guided for SFLL
development Those uses include schools, hospitals, parks, churches, etc
Consequently, schools are consistent with the comprehensive planning for
the new location
II Zoning Code
a The base zoning of all three parcels is TR, Traditional Residential
i Schools are not listed as an allowed use in the TR zoning district
Though, schools are traditionally allowed in all low density
residential neighborhoods In Stillwater they are allowed for
example in the RA zoning district The principal difference between
St Croix Preparatory Academy
Revised NeNA Location
Discussion
Page 3
the RA and TR districts is that garage setbacks are much more
rigorously regulated in the TR district In almost every other
respect, including allowed uses, the two districts are the same It
would therefore make sense to allow schools in the TR district as
well
ii An ordinance amendment would be needed to allow schools by
special use permit in the TR district
ill As an alternative to allowing schools in the TR district, the new
location could be rezoned from TR to RA
iv Would the Planning Commission prefer rezoning or an ordinance
amendment?
b The overlay zoning for the northeastern portion of the property is South
Twin Lake Shoreland Overlay
i In the shoreland overlay district, schools are not listed as an allowed
use
ii An ordinance amendment would be required to allow schools by
Special or Conditional Use Permit
ill This situation also applied to the Heifort property As part of the
research for that application City staff discussed the situation with
the Minnesota Department of Natural Resources (DNR) The DNR
gave its verbal approval of an amendment that would conditionally
allow schools in the shoreland overlay district
c The overlay zoning for the southwestern portion of the property is Brown's
Creek Shoreland Management District
i This overlay district encompasses all land within 300 feet of the
creek's floodplain
ii Buildings within this overlay district must have a 40 foot setback
from the bluffline
ill Setback from the creek is 100 feet
iv The Brown's Creek Watershed District staff has met with the school
to discuss the proposed new site Their staff believes that the site
could be developed for the school use and meet all of the watershed
district's development standards
B GENERAL COMMENTS
Traffic study
i As with the previous location, one of the key issues will be the impact of
traffic
ii The City has commissioned a traffic study that will analyze the traffic in
the area It will include the impact of traffic from the school at
maximum enrollment as well as Millbrook at buildout
St Croix Preparatory Academy
Revised New Location
Discussion
Page 4
iii A draft of the traffic study may be available at the October 8th meeting
Property already annexed
i Unlike the previous location, the new school location would be on
property that has already been annexed into the City of Stillwater
Trail development
1 As with Browns Creek Reserve, the City will want to have the trail
system within Millbrook continued through the subject property and
connected to McKusick Road Also, a sidewalk or trail should be
constructed along the western side of Neal Avenue
Neighborhood input
All neighbor's within 350+ feet of the new location will be mailed this
staff report together with a notice of the Planning Commission
discussion on October 8th Though it would be premature to hold a
public hearing for the proposal at the October 8th meeting, the Planning
Commission chair may at his discretion widen the discussion to include
some comments from the public if he chooses to do so
RECOMMENDATION
Staff recommends that the Planning Commission discuss the land use implications of the
revised location for the St Croix Preparatory Academy school facility This could
include both positive and negative aspects as well as a perhaps a general indication of
whether it is an acceptable location from the Planning Commissions perspective
cc Jon Gutierrez, St Croix Preparatory Academy
Ed Kodet, Kodet Architects
Stillwater City Council and Mayor
Neighbors within 350+ feet of new location
attachments Location Map
Base Zoning District Map
Shoreland Overlay District Map
City of Stillwater
BiATJaS"a•. •::�. 'a k.:t`:'�. �' s,..:3 ' aSiiie63 :'ia�
Shoreland Management
Overlay Districts
Protected Lakes and Streams
Natural Environment Lake
Recreational Development Lake
0 General Development Lake
/Brown' s Creek & Tributaries
Shoreland Management Districts
St. Croix River Shoreland Management District
Stream Shoreland Management District
® Lake Shoreland Manalgement District
illy of
ate
Community Development Department
Road centerlines
Zoning District Classifications
A-P, Agricultural Preservation
RA - Single Family Residential
0 RB - Two Family
TR, Traditional Residential
® LR, Lakeshore Residential
C] CR, Cottage Residential
CTR, Cove Traditional Residential
CCR, Cove Cottage Residential
CTHR, Cove Townhouse Residential
- TH, Townhouse
0 RCM - Medium Density Residential
RCH - High Density Residential
® VC, Village Commercial
CA - General Commercial
CBD - Central Business District
BP-C, Business Park - Commercial
BP-O, Business Park - Office
0 BP -I, Business Park - Industrial
IB - Heavy Industrial
CRD - Campus Research Development
PA - Public Administration
Public Works Facility
Railroad
WATER
Road right-of-ways
Property outside City limits
St. Croix Prep Academy
Zoning Districts
— r" — — --I- — —
St. Croix Prep Academy
Concept Discussion -
NEIGHBORHOOD NOTICE
DISCUSSION OF NEw (LOCATION FOR
ST CROIX ]PREPARATORY ACADEMY
The St Croix Preparatory Academy has requested a discussion with the Planning Commission
on anew location for their proposed school facility The new location is 8528 Neal Avenue
North, which is located on the west side of Neal Avenue at McKusick Road
The Planning Commission will hold the discussion at their regularly scheduled meeting of
October 8, 2007 The meeting begins at 7 00 PM in the Council Chambers of City Hall at 216 N
4`" Street
Since the October 81h meeting will not be a formal public hearing, your role as a
neighbor could be either simply listening to the discussion or actively participating in it
Since the setting is not a formal public hearing, it is left to the Planning Commission
Chair to decide whether discussion will be limited to the comrrussion, or he whether it
will be widened to include comments from neighbors as well In either case, I
encourage you to attend the meeting
City of Stillwater
i urn b ad
Community Development Director
Mailed on 9/ 25/ 07
w35NJrifP .q+cFv=r
Memo
Community Development Department
To Planning Commission
From Michel Pogge, City Planner 0111_
Date Tuesday, September 25, 2007
Re Comprehensive Plan Goal Review
Message
The City Council has called for a special joint meeting between with the Council,
Planning Commission, Heritage Preservation Commission, and the Parks and
Recreation Comrrussion to review a draft set of comprehensive plan goals from the
comprehensive plan steering comrruttees The meeting will be on Thursday, November
8 at 7 PM in the Council Chamber at City Hall This will be an opportunity for you to
formally comment on the goals as a whole
A copy of the draft goals will be mailed to you a week or so before the meeting
If you have any questions please feel free to contact me
Thanks,
Mike
From the desk of
Michel Pogge, AICP City Planner City of Stillwater 216 N 4th Street Stillwater MN 55082
651 430-8822 Fax 651 430-8810 email mpogge@ci stillwater mn us