HomeMy WebLinkAbout1989-02-13 CPC PacketZoning
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i iwater
THE BIRTHPLACE OF MINNESOTA
February 8, 1989
THE STILLWATER PLANNING COMMISSION WILL MEET ON MONDAY, FEBRUARY 13, 1989 AT
7 00 P M IN THE COUNCIL CHAMBERS OF CITY HALL, 216 NORTH FOURTH STREET
AGENDA
Approval of Minutes - January 9, 1989
PUBLIC HEARINGS
1 Case No V/89-1 - Variance for the side yard and rear yard setback
requirements for a garage located at 1225 South Second Street in the Duplex
District, RB, Residential James Weber, Applicant
2 Case No CPA/89-1 - Comprenensive Plan Amendment expanding the City
Comprehensive Plan boundary by adding 7 0 acres of land designated Single
Family Residential located South and East of the intersection of Eagle
Ridge Trail and Neal Avenue City of Stillwater, Applicant
3 Case No ZAM/89-1 - Zoning Ordinance Map Amendment designating 7 0 acres of
land Single Family Residential, RA, 10,000 sq ft /D U The property is
located South and East of the intersection of Eagle Ridge Trail and Neal
Avenue, City of Stillwater, Applicant
4 Case No SUB/89-7 - Preliminary Plat for a 19 lot Single Family Residential
Subdivision on 7 0 acres of land located South and East of the intersection
of Eagle Ridge Trail and Neal Avenue in the RA Single Family District
Blichfeldt Builders, Applicant
5 Case No V/89-9 - Variance request to front yard setback requirements for
addition of steps to St Mary's Church located at 407 South Fifth Street in
the RCM Multi -Family Residential District Robert Eardley, Applicant
6 Case No SUB/89-10 - Preliminary and Final Plat approval to subdivide a one
acre lot into two lots of approximately 22,500 sq ft , each, located at
1605 North Second Street in the RA Single Family Residential District
Robert Flotten, Applicant
7 Case No SUB/89-11 - Preliminary and Final Plat approval to subdivide an
existing 2 39 acre lot into two lots of 93 acres and 1 46 acres located at
1819 North Fourth Street in the RA, Single Family Residential District
Robert Troyer, Applicant
CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121
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8 Case No SUP/89-12 - Special Use Permit for a commercial recreational use
(Billiard Hall) located in the Industrial Park Commercial District, IP-C,
at 14470 North 60th Street (Surplus Warehouse Building) Jeff Lundeen,
Applicant
9 Case No DP/SUP/89-13 - Design Permit and Special Use Permit for
construction of a 15,000 sq ft office building at 319 North Main Street
(Arrow Building Site) in the Heavy, IB, Industrial District Mike McGuire,
Applicant
10 Case No V/89-14 - Variance request to the rear yard setback requirements
(20 ft proposed, 30 feet required) for construction of a 13,716 sq ft
retail center located at 2000 Washington Avenue in the Industrial Park
Commercial District, IP-C R C Ernst, Applicant
11 Case No CPA/89-3 - Comprehensive Plan Amendment adding 11 acres of land
to the City Comprehensive Plan boundary and designating the land Government
Center, and open space buffer, located East of Panama Avenue and South of
62nd Street City of Stillwater, Applicant
12 Case No ZAM/89-2 Zoning Ordinance Map Amendment zoning 11 acres of land
located East of Panama Avenue and South of 62nd Street Single Family , RA,
Residential City of Stillwater, Applicant
13 Case No CPA/89-2 - Comprehensive Plan Amendment adding 6 9 acres of land
to the City Comprehensive Plan boundary and designating land Single Family
Residential The property is located West of County Road 5 and North of
62nd Street City of Stillwater, Applicant
OTHER ITEMS
- Condominium Conversion Ordinance
- Design Review Ordinance
- Bluffland/Shoreland Ordinance
- New Central Business Zoning District
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STILLWATER PLANNING COMMISSION
MINUTES
Date January 9, 1989
Time 7 00 p m
Members Present
Glenna Bealka Rob Hamlin
Judy Curtis Jean Jacobson
Mark Ehlenz Nancy Putz
Gerald Fontaine Don Valsvik
Steve Russell, Comm Dev Director
Members Absent Jay Kimble
Chairman Fontaine called the meeting to order
APPROVAL OF MINUTES
Motion by Mark Ehlenz, seconded by Jean Jacobson to approve the
minutes of December 12, 1988 as submitted All in favor
Chairman Fontaine reported on last week's City Council meeting
He stated that the Council expressed a strong interest in forming
a committee to review and determine guidelines for future
buildings in the Industrial Park Gerald Fontaine, Glenna Bealka,
and Jean Jacobson stated they would be interested in sitting on
the committee, depending on scheduling
PUBLIC HEARINGS
Case No. PUD/89-2 - Final PUD approval for Phase Three Cottages
of Stillwater containing 56 dwelling units located on the
Northeast corner of Cottage Drive and County Road #5 in the RA,
Single Family Residential District Teasdale and Associates,
Owner
Gary Tushie, architect, presented the final plan for Teasdale
and Associates The third phase plans are consistent with the
original PUD plans
There are ten recommended conditions of approval Mr Tushie
questioned condition No 4 which states "The project shall be for
residents age 55+ " Mr Tushie stated that it was his
understanding that the development agreement did not call for 100
percent of the residents to be of age 55+ There was discussion
as to whether the changes were made to the original development
agreement as to the ages of the residents It was decided to let
the condition remain as stated and the owner can respond at the
City Council public hearing
There was discussion regarding inadequate signage at the
Cottages Condition No 11 was added which will require
directional signage, along with street and unit signage on all
units
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Stillwater Planning Commission
January 9, 1988
John Whitcomb, a member of the audience, stated that he is aware
of a large number of people under age 55 presently living at the
Cottages He also stated he feels the present signage is not
adequate
Rob Hamlin stated that he feels a review of Phase I and II should
be made to be sure that the development agreement is being
adhered to before approving Phase III The Commission determined
that Condition No 12 should be added requiring a review of
conditions of the original development agreement and proof that
those conditions are being met before commencement of Phase III
Rob Hamlin made a motion to approve the PUD based on the 12
stated conditions of approval Mark Ehlenz seconded Motion
carried 7-0
(Nancy Putz arrived at 7 55)
Case No. PUD/89-3 - PUD modification to Concept and Final
Approval for a 24,900 square foot retail center, a 10,000 square
foot retail center, a three level 45,000 square foot office
building, and a 56 unit townhouse/apartment development The
property is located on the Northeast corner of Orleans and County
Road #5 in the RA, Single Family Residential District Eastern
Construction Company, Owner
Gary Tushie, architect, Greg Gustafson, developer, and Dick
Zimmerman from Erickson Post, presented the plans
Changes being made in the previously approved PUD are a
downsizing from 102 apartments to 56 townhouse apartment units, a
three level 45,000 square foot office building, expansion of the
Erickson Post Service Station including a car wash, and a 24,900
square foot First Phase retail center
There are 13 recommended conditions of approval The developer
stated concern with two of the conditions No 2 which gives
final PUD approval to the First Phase Retail Development and
eight unit townhouse apartment development The Commission
agreed that final approval should be given for the 56 unit
townhouse apartments Condition No 11 states that a sidewalk
shall be installed along the Northeast side of Cottage Drive
The Commission agreed that this cost should be shared by
Teasdale and Associates, owner of The Cottages
Mark Ehlenz made a motion to approve the PUD modification with
the 13 conditions of approval as amended Jean Jacobson seconded
Motion carried 8-0
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Stillwater Planning Commission
January 9, 1989
OTHER BUSINESS
Review of modification of the development program for Development
District #1 and the modified Tax Increment Financing Plan 1
through 4 for consistency with the Comprehensive Plan -
Steve Russell gave background information on Tax Increment
Financing
Rob Hamlin made a motion to approve the Resolution finding the
modification consistent with the Comprehensive Plan Seconded by
Judy Curtis Motion carried 8-0
Special Use Permit Review - Review of the Special Use Permit
approved on May 9, 1988 to Chris and Laura Fisher to conduct a
furniture refinishing business in their garage at 111 South
William Street The City has received no complaints, and the Fire
Department made an inspection of the business on 1/5/89 and found
no problems
This Special Use Permit will be reviewed on a complaint basis in
the future
Condo Conversion Ordinance - The Commission was informed that the
owners of Rivertown Commons are considering converting the
apartments into condos which will be sold There was discussion
regarding development of an ordinance to regulate changes from
rental standards to ownership standards
Rob Hamlin made a motion to give concept approval of a Condo
Conversion Ordinance Don Valsvik seconded Motion carried 8-0
Planning Commission Workshop - Mark Ehlenz and Glenna Bealka
reported on the recent Planning Commission Workshop which they
attended
Motion by Rob Hamlin, seconded by Mark Ehlenz to adjourn the
meeting at 9 20 p m All in favor
Submitted by
Shelly Schaubach
Recording Secretary
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PLANNING APPLICATION REVIEW
CASE NO V/89-1
Planning Commission Meeting February 13, 1989
Project Location 1225 South Second Street
Comprehensive Plan District Two Family Duplex
Zoning District RB
Applicant's Name James Weber
Type of Application Variance
Project Description
Variance to side and rear yard setback requirements _
Discussion
The aoplication is for a four foot rear yard setback, five is required and a
three fool side yard setback, five is required Tnis project was first noticed
by the Building Inspector because no building permit had been issued and
construction was underway Tne applicant was notified tnat a permit was
required Upon review of the garage location and setbacks, it was determined
that a variance was necessary The applicant is now requesting a variance
A letter from the applicant and neighbors supporting the request is attached
RECOMMENDATION Review of request
CONDITION
1 If approved, the applicant shall pay double building permit fees
ATTACHMENT
- Application
- Site plan and elevation
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TO +hu IT ,1Y .cm,
J_1 weber, .rho lives on the west .iae of oar
property at 122o ,Jtreet, has replicea
n_s ola tumblea do.rn garage . at- a ter, nice looKing,
well built, block garage oie were very ^a.-pv to see
it L r Ta"-_' e a^a ^is .ri e lea es as
'lore -hen enJuE roon to L.arK our car o_f tre street,
ana ire also have a per nanet cll.ce for our trash cans
As far as we are concernea he has improved the quality
of our neighborhood
nicham Teeters
Aaron J leeters
1226 0outh First otr
Stillwater, mown
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TO PLANNING COMMISSION
FROM COMMUNITY DEVELOPMENT DIRECTOR
DATE JANUARY 24, 1989
SUBJECT COMPREHENSIVE PLAN AMENDMENT EXPANDING THE CITY BY ADDING
APPROXIMATELY 7 0 ACRES OF LAND TO THE CITY BOUNDARY (CASE NO
CPA/89-1)
BACfCROUND
Tne City was approached by trie subject property owner to ainex the 7 0 acre
property to the City The City Council reviewed their request and oassed an
ordinance as requirea oy state law annexing the property to one City Tne
State Municipal Board (tne state agency tnat reviews annexations) approved the
annexation petition
AMENDMENT DESCRIPTION
With the annexation, the City Comprenensive Plan must be amended and property
zoned for development Tne seven acre site is located soutneast of the
intersection of Eagle Ridge aria Neal 4venue (see attached map) Existing land
use in the area is single family Oak Glen is located directly r.o the north of
the site Large lot single family development is located along Neal Avenue in
the Townsnip A low lying area is located to the soutn of the site City sewer
and water services are available to the site Access to the site is provided
off of Neal Avenue The existing Cornp-enensive Plan indicates the area for
urban expansion between 1980-1985 A single family residential ase would oe
consistent with tie existing character of the area and development compatible
of land Based on a Single Family designation, 17 to 22 residential units
could oe developed on the site
RECOMMENDATION
Approval of Comprenensive Plan Amendment adding seven acres to City and urban
service area boundary and designation of land Single Family Residential
(Resolution)
ATTACHMENT
- Area Map
- Comprenensive Plan Map
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RESOLUTION CPA/39-1
RESOLUTION EXTENDING THE CITY COMPREHENSIVE PLAN BOUNDARY
TO INCLUDE APPROXIMATELY SEVEN ACRES OF PROPERTY
EAST OF NEAL AVENUE AND SOUTH OF EAGLE RIDGE TRAIL
AS AN AMENDMENT TO THE CITY COMPREHENSIVE PLAN
WHEREAS, the Metropolitan Land Planning Act of 1976 requires chat amendment
to Cornprenenive Plans of local governments oe prepared, submitted to the
Metropolitan Council and adopted in the Danz nanner as tne original plans,
linnesoLa 3taLdt2s 473 36-+, Subai ii ion ^ k1373), and
WHEREAS, the City of Stillwater nas prepared a Cicy wide Comorehensive Plan,
and more detailed area olans for part of the City, and
WHEREAS, the Planning Commission nas reviewed the amendment request
considering existing City Land Use Policies, availability of public Facilities
and land development capabilities, and
WHEREAS, the land use and zoning of the annexed property shall oe considered
RA, Single Family Residential
NOW, THEREFORE, BE IT RESJLJED tnat one Planning Cornrnision recomnends Lo the
City Council tnat it is in public interest and community oetterment that the
Comprehensive Plan be ananded to include the seven acre area in tne City
Conprehensive Plan and municipal uroan service area and to designate the site
Single Family
Date
Secretary
Chairman, Planning Commission
f
may 1
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ORDINANCE NO. 689
AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF
STILLWATER INTO CERTAIN UNINCORPORATED TERRITORY
THAT IS LESS THAN 200 ACRES IN AREA AND IS ADJACENT
TO THE CITY LIMITS
WHEREAS, certain territory described below is not presently
included within the corporate limits of any incorporated city or
borough, and
WHEREAS, this territory is less than 200 acres in area and
is adjacent to the corporate limits of the city and the land is
deemed to be urban or suburban in character;
NOW, THEREFORE, the City Council of the City of Stillwater
ordains.
Section 1. Territory Annexed. The corporate limits of the
City of Stillwater, Minnesota, are hereby extended to include the
unplatted territory described as follows-
Tne South 660 feet of the West 660 feet of the Southwest
Quarter of the Southwest Quarter of Section 20, Township 30
north, Range 20 West, Washington County, Minnesota,
containing 10 0 acres, more or less, and subject to the
existing Neal Avenue North along the West line Subject to
easements, restrictions and reservations of record, if any
EXCEPTING therefrom that part of the Southwest Quarter of
the Southwest Quarter of Section 20, Township 30 North,
Range 20 West, Washington County, Minnesota, described as
follows. Beginning at the Southwest corner of said
Southwest Quarter of the Southwest Quarter, thence North 00
46' 54" West, bearing oriented to the Washington County
Coordinate System, South Zone, along the West line of said
Southwest Quarter of the Southwest Quarter a distance of
360 03 feet to the North line of the South 360 00 feet of
said Southwest Quarter of the Southwest Quarter; thence
North 89° 58' 15" East along said North line a distance of
310 66 feet, thence South 08° 43' 32" East 364 19 feet too
the South line of said Southwest Quarter of the Southwest
Quarter, thence South 89° 58' 15" West along said South line
361.00 feet to the point of beginning, containing 2 77 acres
more or less, subject to a road easement for Neal Avenue
over the West 33 00 feet thereof.
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This legal description is a refinement of that legal
description given in the Petition that was served on all parties
by the City of May 23, 1988, and controls in all ways over the
description contained in the Petition
Section 2. Filing. The City Clerk is directed to file
certified copies of this ordinance with the Secretary of State,
the County Auditor of Washington County, Minnesota, the Town
Clerk of the Town of Stillwater, Minnesota, and the Minnesota
Municipal Board
Section 3. Effective Date of Annexation. This ordinance
takes effect upon passage and publication and the filing of
certified copies as directed in Section 2 and approval of the
Minnesota Municipal Board.
Adopted by /the City Council of Stillwater, Minnesota this
/ r-d..day of ( L 77 %! c , , 1 988 .
a)(1./141d/Ltditeiti/4"-
Wally Abrahamson, Mayor
Attest • ✓�
)41-4/ _ A.m.}
Mary Lou/Johnson, g1erk
Published in ,Ft7 rI,���
on 0,, E -L - _ oZ , 1988 Q
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Iliwater
THE BIRTHPLACE OF MINNESOTA
TO PLANNING COMMISSION
FROM PLANNING DEPARTMENT
DATE JANUARY 24, 1989
SUBJECT ZONE 7 0 ACRES OF LAND SINGLE FAMILY
RESIDENTIAL R-A (CASE NO. ZAM/89-1)
BACKGROUND
The State Municipal Board recently approved annexation of
the 7 0 acre site into the City of Stillwater A
Comprehensive Plan Amendment is being reviewed for the site
(CPA/89-1) The recommendation of the Comprehensive Plan
Amendment is to designate the area Single Family The area
should be zoned Single Family, R-A, to be consistent with
that designation
RECOMMENDATION
Zone property Single Family and recommend to City Council
(Resolution)
ATTACHMENT
Proposed Zoning Map
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•
•
RESOLUTION ZAM/89-1
ZONING 7 0 ACRES OF LAND SINGLE FAMILY RESIDENTIAL R-A
LOCATED OFF OF NEAL AVENUE AND SOUTH OF EAGLE RIDGE TRAIL
WHEREAS, the Planning Commission has received a request for a Comprehensive
Plan Amendment extending the municipal urban service boundary to the subject
area, and
WHEREAS, the Planning Commission has reviewed the Comprehensive Plan Amendment
with existing Land Use Policy, land development capabilities and the
availability of urban services, and
WHEREAS, the Planning Commission has determined that a Single Family
Residential designation is the appropriate land use for the area
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves and
recommends for City Council approval the zoning of the subject 7 0 acre parcel
as Single Family Residential R-A
Date
Secretary
Chairman, Planning Commission
r�= �F wit
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•
•
•
PLANNING APPLICATION REVIEW
CASE NO SUB/89-7
Planning Commission Meeting February 13, 1989
Project Location South and East of intersection of Eagle Ridge Trail and
Neal Avenue
Comprehensive Plan District Single Family Residential
Zoning District RA
Applicant's Name Blichfeldt Builders
Type of Application Subdivision Plan
PROJECT DESCRIPTION
19 lot single family subdivision plan
DISCUSSION
The application is for a 19 lot subdivision The 7 2 acre site is an "L"
shaped site running 400 ft East from Neal Avenue and South approximately 500
feet The site is relatively flat and drains gently to the Northwest The
recently annexed 7 2 acre site is tne subject of a previously considered
Comprehensive Plan Amendment (PA/89-1) and Zoning Amendment (ZAM/89-1)
Land uses surrounding the site include vacant lands and single family
development Oak Glen is located to the North and East of tne site The single
family Oak Glen lots are vacant immediately adjacent to the site Across Neal
Avenue, to the West)are larger lots (1 5 acres) single family residences and
along the East side of Neal Avenue and to the South are 2 5 acre lot single
family residences The 1 5 and 2 5 acre lots are in the township and have
on -site water and sewer service City water and sewer services to this site
would be provided from Eagle Ridge Trail along Neal Avenue
PROJECT DESCRIPTION
The proposed is for a 19 lot subdivision The lots range in size from 11,065
Block 2, Lot 7, to 14,411 Block 1, Lot 11 as shown on the preliminary plat
Ten thousand (10,000) square feet is required in tne RA, Single Family
Residential District Services to the site would be provided off of Neal
Avenue as shown on the utilities plans Drainage would flow to the street and
rear property line as shown on the drainage plan The building envelope
location and elevation for each lot is shown on the drainage plan A landscape
plan shows typical landscaping for the project
ANALYSIS
The project is consistent with the density requirements and provide lots that
can be developed meeting the RA Single Family setback requirements A drainage
plan shows how each lot will be graded and drainage from the lot will flow
The subdivision utility plans have been reviewed by the City Engineer, Public
Works and Water Department Comments from the City Engineer are attached The
Fire Chief has reviewed the Engineer's comment (2) and approved the fire
hydrant locations
•
•
Walnut Creek Drive is 900 feet in length and ends in a temporary cul-de-sac
The maximum City length for cul-de-sacs is 600 feet As proposed, the
temporary cul-de-sac could be removed and road extended to the South possibly
at some point in the future wnen the area furtner develops It is recommended
that the right-of-way for the cul-de-sac be dedicated and improved to City
standards and if the road is extended, the cul-de-sac removed Setbacks for
lots Block 2, Lot 8 and Block 1, Lot 11 should be measured from the cul-de-sac
right-of-way
The Subdivision Ordinance requires the developer provide parks space or pay in
lieu park fee It is recommended that the parks fee be paid Tnere are no
parks planned for tnis site
RECOMMENDATION
Approval of Preliminary Plat as conditioned
FINDINGS
The development design, as proposed, is consistent with the Comprenensive
Plan, land use designation, Zoning Ordinance, density and development
standards, and subdivision requirements
CONDITIONS OF APPROVAL
1 Tne in -lieu park fee shall be paid before the Final Plat is approved by
the City for filing with Washington County
2 Street and utility improve,nents shall be installed before building
permits are issued for individual lots
3 The Comprehensive Plan Amendment (CPA/89-1) and Zoning Map Amendment
(ZAM/89-1) shall be approved by the City and in effect before the Final
Plat is approved
4 A grading permit shall be required, with erosion control measures,
before any site grading is allowed
5 One street tree shall be planted for each lot
ATTACHMENT
Preliminary Plat Plans
- Drainage/grading
- Utilities
- Landscape
- Letter from City Engineer dated January 27, 1989
�C 1G0
•
•
Case Nurr oer
Fee Pc,d
Data Filet --
PLANNING ADMINISTRATIVE FORM
near intersection of Eagle Ridge Trail
Street Lccc',on of Property __and...IlaaL_ haLWa
Legal Description of Property _ CPP attached
CwrNc-"a _,Jsm_B.LLchfeldt.
B1ichfeldt Realty 439-3458
Address .15Z4_11...Frant. RQd� Phone
Stillwater, MN
Applicant (if other than owner) Name
Address Phone -------------a--`—__
Type of Request ___ Rezoning _SX. Approval of Preliminary Plat
___ Special Usa Permit ___ Approval of Final Plat
___ Variance ___ Other
Desc-ipt,on of Request _Re.Que.s.L_ D.PrQ.Y.1t9f_BLailEf lsitY-12.Lat Qf /u1i-s_d----
__Bld.9fListat
ta!
Signature of Applicant T/�
Date of Public Hearing _
NOT:. S,cetc'i or proposed property and struc`ure to be drawn on cacx or. this corm or at-
tacnea, snowing the following
1 North airection.
2 Locaaon or proaosed s rut*ure on lot.
3 Direns ons ot front ana sloe set-bac',s
4 Dirensions or proposea st.uctlire
5 Street na--es
6 Loca ion or adjacent etiist.ng buildings
7 Other intorrlaton as may be reques ea.
Aporoved ___ Denied ___ by the Planning Commission on (date)
sublet' to the following conditions
Approved ___ Denied ___ by the Council on sublet` to the
following conditions
Comments. (Use other side),
ft
sy,
Kemper & Associates
Land Surveying • Engineering
nsbruck Office Park (Silver Lake Rd & 694)
722 Highway 694
New Brighton MN 55112
Telephone (612) 631-0351
•
•
(:rmweee)
LEGAL DESCRIPTION
The South 660 feet of the West 660 feet of the Southwest Quarter
of the Southwest Quarter of Section
0,Township
pt30inNorthg0 0 acres,
Range 20 West, Washington County, Min
thee ors less,land
Subjectct toto the existing easements, restrictionsAvenue
andNorth
reservations
West line Subject
of record, if any
EXCEPTING therefrom that part of the Southwest Quarter of the
Southwest Quarter of Section 20, Township 30 North,
Range 20 West,
Washington County, Minnesota, described as follows Beginning at
the Southwest corner of said Southwest Quarter of the Southwest
Quarter, thence North 00 46' 54" West,
bearing oriented to the
Washington County Coordinate System,
South Zone, along the West
line of said Southwest Quarter of the Southwest Quarter a distance
of 360 03 feet to the North line of the South 360 00 feet of said
Southwest Quarter of the Southwest Quarter, thence North e89e 58'1 5"
East along said North line a distance of 310 66 feet,
08 43' 32" East 364 19 feet to the South line of said Southwest
Quarter of the Southwest Quarter, thence South 89 58' 15" West
along said South line 361 00 feet to the point of beginning, con-
taining 2 77 acetheore
Westr33less,
feetsubject
thereofa road easement for
Neal Avenue over
•
•
•
ENGINEERS ■ ARCHITECTS PLANNERS
January 27, 1989
222 EAST LITTLE CANADA ROAD ST PAUL, MINNESOTA 55117 612 484 0272
RE STILLWATER, MINNESOTA
PLANNING CASE REVIEW
CITY PROJECT SUB-89-7
SEH FILE NO
Mr Steve Russell,
Community Development Coordinator
City of Stillwater
216 North Fourth Street
Stillwater, MN 55082
Dear Mr Russell
We have reviewed the preliminary plans for the proposed Sunset
Ridge Estates Addition We have the following comments for the
developer
1 Proposed 18" RCP culvert under Walnut Creek Drive at Neil
Avenue should be 21" instead of 18"
2 The distance between hydrants on Walnut Creek Drive going
south is approximately 475 feet This is between sanitary
manhole #203 and #205 The Fire Chief should review the
hydrant spacing since it may be difficult to reach the back
cf Lot 9, Elock 1 with pumper hose
3 Watermain and sanitary sewer stub; should be extended south
from Walnut Creek Drive along Neil Avenue at least far
enough to protrude beyond the bituminous surfacing such that
any extensions in the future can be made without digging up
the street The sanitary sewer should also be extended
south to the south boundary of the plat on Walnut Creek
Drive to provide for future extension of the roadway and
connection to the sanitary sewer It will be necessary to
excavate and replace a portion (approximately 83 feet) of
Eagle Ridge Trail for the sanitary sewer connection The
sanitary sewer has to flow into ,.he manhole on Eagle Ridge
Trail because of the proposed lot grades
SHORT ELLIOTT
HENDRICKSON INC
ST PAUL,
MINNESOTA
CHIPPEWA FALLS
WISCONSIN
•
•
•
Mr Steve Russell
January 27, 1989
Page #2
4 A drainage swale is required along the back of Lots 5
through 8, Block 2 and Lots 6 through 1, Block 1 to prevent
the surface runoff from running onto adjacent properties
5 Because of the configuration of the street in the center
cul-de-sac, it may be necessary tc extend storm sewer to the
cul-de-sac to prevent poor drainage in flatter areas This
will ue add-essed as a pai_t of tilt reasiL 1_cj sti-d1 `ra -e..:a
by the Council
6 The temporary cul-de-sac may be in existence for a long
time Extension of Walnut Creek Drive south to Boutwell
Road would require the cooperation of seven property owners
To be cost effective and beneficial, the owners would
probably subdivide to provide a buildable parcel along
Walnut Creek Drive The road would front on a drainage
easement and pass through an existing significant grade
change The road also would impact a small park The City
should consider whether the cul-de-sac should meet City
ordinances for length and/or whetrar buildings should be set
back from the cul-de-sac right-of-way
If there are any questions, please contact the undersigned
REM/cih
Sincerell ,
zitr-e__
Richard E Moore
City Engineer
•
i
•
PLANNING APPLICATION REVIEW
CASE NO V/89-9
Planning Commission Meeting February 13, 1989
Project Location 407 South Fifth Street
Comprehensive Plan District Multi -Family Residential
Zoning District RCM
Applicant's Name Robert Eardley
Type of Application Variance
Project Description
Variance to front yard setback for extension of front steps and platform
Discussion
The request is to extend the front steps to the church to the front property
line Tie steps are currently within tnirty (30) inches of the front property
line The front setback requirement for the district is thirty five (35) feet
As shown on the proposed plan, the front sidewalk is seven (7) feet wide
betoveen the street and front property line The church building is a unique
historic structure and use The steps addition would not affect pedestrian
traffic or appearance of the site
RECOMMENDATION
Approval
ATTACHMENT
Plans
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PLANNING APPLICATION REVIEW
CASE NO SUB/89-10
PLANNING COMMISSION MEETING February 13, 1989
PROJECT LOCATION 1605 Nortn Second Street
COMPREHENSIVE PLAN DISTRICT Single Family
ZONING DISTRICT RA
APPLICANT'S NAME Robert Flotten
TfPE OF APPLICATION Variance ana Minnor Suodiviaion
PROJECT DESCRIPTION
The request is to divide an existing 45,000 square foot lot into two lots of
22,500 square feet each
DISCUSSION
The site is located in the RA Mingle Family Residential District 10,000
square feet per lot is required Tne subdivision results in two lots of
approximately 22,500 square feet each The lot depth and width requirements
meet the RA lot dimension requirements Tnere is currently a hodse on Lot 4
Tne structure would meet the setback requirements for Lot 3 with the lot
split A Certificate of Survey and aerial ,photo of the site is attached
RECOMMENDATION Approval
FINDING
The lot split is consistent with the Comprenensive Plan, residential density
for the site, and zoning requirements
CONDITION
1 A legal description of Lots 3 and 4 shall be submitted before plat
recording
ATTACHMENT
- Application
- Certificate of Survey
400
•
•
•
Case Humber _S u OfrizZU
Fee Paid __IPoa
J
Dc`a Flied __1 --
PLANNING ADMINISTRATIVE FORM
1605 No Second Street, Stillwater, MN
S -Bet Locct on of P-operty
Legal Dosc- olion of P-opert/
Tina T Flotten
Gwre" Na- e
See Exhibit A Attached Hereto
1605 No Second Street ?none 439-2127
Gcc ess - M ater , PIN 5 5882
owner) plc ;,e Robert 0 Flotten
Acolicar • (if other th�ar. y,�,�, S� poi
2200 First Bank Place East Phone (612) 340-2694
Ada-ess -- -- --- Type o; Recuest _-
• _ Rezoning _X_ Approval of Preliminary Plat
___ Spec al Usa Permit X_ Approval of Final Plat
Var,ar ce ___ Other
Desc�apt,on of Recuest
See Exhibit A Attached Hereto
SicncTure of ApolLcant _
Da -a of Public hecrtnc _ _
NOT: S..erc : of p-000see proper y ana szueare to be Brawn on bacx or. this
tac:.ea, srowing the ioilowmg
1 'Tor
2 Loca on or pronosea structure on lot.
2 Dir-ens ons of .ront ana s Ge se-bac'tis
D1~ers ons oI or000sea s,-lcfare
5 SL_ee* na—es
6 Lac:, on o: ac acent
7 O ‘. :er 1n.o: -iaton as may oe recp.es ea. A„ a aj�J
\f
1 \
Approved _ _ Denied ___ by the Planning Commission on
-
suolec• to the following conditions
:or= or at-
3
A __ Denied ___ by the Ccunc 1 on suolee to
'a
po�ovea _
following conditions
Comments (Usa other side),
7-7
•
•
•
350 PARK AVENUE
NEW YORK NEW YORK 10022
(212)415 9200
J GRACECHURCH \TREET
LONDON ECJS OAP ?NOLAND
01 929 3JJ4
36 RUE TRONCHET
75009 PARIS PRANCE
01 4` 66 59 49
J40 FIRST NATIONAL DANK BUILDING
P O UO\ Rut
RO( HPSTPR lI♦\PNOT. JO3
1 17 I4B II (
10 \ )12rll (1 ♦TI1IL I IL L f01 1 R
1.4. 11\\1 .or MELT
ST 1AIL MI\\LSOTA 10t
(612)= 7 8017
DORSEY & WHITNEY
1 P rrw r 1 c uo No Peery oN. Co Poe. 0
2200 FIRST BANK PLACE EAST
MINNEAPOLIS MINNESOTA 55402
(612) 340-2600
TELEX _9 Of 01
TLLLCOPISH (( 1-)J-10 it
ROBERT 0 FLOTTEN P
(612) 340 2694
January 24, 1989
Mr Steven S Russell
Community Development Director
City of Stillwater
City Hall
216 North Fourth Street
Stillwater, MN 55082
Dear Mr Russell
1_OO FIR,T INTERSTATE CENTER
401 NORTH 51 STREET
P 0 BOX 7188
BILLINOK MONTANA 59103
( Itlt l 5 1800
_01 DM1DS0\ RUII.DINO
8 THIRD STREET NORTH
OREAT PALLS MONTANA 89401
( 10617 7 ( 1_
I_7 F1�T 1-R0\T TRF6T
MISti01 I 1 M0\T\.\A J80_
( 1 N 7 1 0
I IIIR f \ITIO\\I I11\h III ILO! (
WAY ITA 11\NF.0OT\ 191
0.1..1471 1173
I enclose an application for subdivision of my motner's
property together with a check for $30 000 in payment of the
fee I understand the Planning Commission's next meeting is
Fe.3ruary 13, 1989 I would hope to have the application approved
at tnat meeting so tnat it may be presented to the City Council
at its March meeting
I do not have a surveyor's drawing showing the location
of my mother's house I do have an aerial photo which shows
that the house is located well within Lot 4 I can send that
to you if you feel it necessary
Please let me ,snow as soon as possible if you will
need any additional information I appreciate your assistance
ROF bcf
Enclosures
my yours
R.bert 0 Flotten
EXHIBIT A
•
Description of Request
My mother is in the process of selling Lot 3 of the property
described below There are no structures on Lot 3 My mother's
house is built entirely on Lot 4 and within all applicable
set -backs Attached as Appendix I is a survey of the Property
The survey does not reflect the conveyance of the Northerly three
feet to Dorothy <reimer, owner of the adjoining property to the
north That subdivision was approved in 1988 upon application of
Ms Kreimer
Legal Description
Lots 3 and 4, Block 34, Carli & Schulenburg's Addition to
Stillwater, according to the plat thereof on file and of record
in the office of the County Recorder, Washington County,
Minnesota, except the Northerly three feet thereof, and that part
of East Spruce Street vacated which lies North of the South 9 42
feet of said East Spruce Street vacated between the extensions
Southerly of the East line of said Lot 3 and the West line of
said Lot 4
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•
•
•
PLANNING APPLICATION REVIEW FORM
CASE NO SUB/89-11
Planning Commission Meeting February 13, 1989
Project Location 1819 North Fourth Street
Comprehensive Plan District Single Family
Zoning District RA
Applicant's Name Robert G Troyer and Satu Suominen-Troyer
Type of Application Minor Subdivi.>ion
PROJECT DESCRIPTION
The application is to subdivide a 2 39 acre lot into tow lots of 93 and 1 46
acres
DISCUSSION
The application is to subdivide an existing 2 39 acre lot into two lots of 93
and 1 46 acres An existing residence is located on the 1 46 acre lot Tne new
lot could gain access from Nortn Fourth or West Poplar Streets The proposed
subdivision meets in' lot size requirements for the RA District Tne new lot
would have to pass a perk test before tne tinal plat is approved
CONDITIONS OF APPROVAL
1 Tne subdivision shall submit evidence tnat tne new lot is suitable for a
septic system before tne final plat is approved
2 The Final Plat shall be submitted and approved by the City within six
(6) months of approval
RECOMMENDATION Approval
FINDINGS
The lot split is consistent with the Comprenensive Plan land use designation
and zoning density lot size requirements
ATTACHMENTS
- Application
- Certificate of Survey
Maps
s
- Y l
xw T
y t
s D -
....-
1'.ti.. 1JJ
Case Number-51.6,Cf1`= JJ_
•
-7 PLANNING ADMINISTRATIVE FORM
30"
•
Fee Paid
Date Filed _ a r
Street Location of Property i II/Y /1 t S 7 //
V �? s , z 3 y 5 iv,.� ( 'r 5 /. T 3 d/,
Legal Description of Property:
Owne- Nome R.I,F,rT C i - c /_ /'-� f 5/-4±4 S<«_, Er - i -4.� FAz
T w--z,—C-i47, gC of - Z 3 E- 3 r! 5 E
c- , ---• ••-t-Cr-rc +fir- t - ,.
Address =n�_ k Li r - f c� A1A"'s � wc �- ^S 5 .t
___ Phone
41. 3 ,-Z94 /
Applicant (it other than owner) Name
,
Address Phone
Type of Request ___ Rezoning ___ Approval of Preliminary Plat
___ Special Use Permit ___ Approval of Final Plat
___ Variance ___ Other Re 5 y d „
Descript►on of Request
f o
/ N
ce- E!Z o seif Th.e- 3c.• /%
5 't' e ••- 71, lc 1- den. c n- s , s ,:f
Signature of Applicant
Date of Public Hearing
NOTE Sketch of proposed property and structure to be drawn on back of this form or at-
tached, showing the following
3-,.' X 13
I �
•
1 North direction
2 Location of proposed structure on lot
3 Dimensions of front and side set -backs
4 Dimensions of proposed structure
5 Street navies
6 Location of adjacent existing buildings
7 Other information as may be requested
Approved ___ Denied ___ by the Planning Commission on (date)
subject to the following conditions
Approved ___ Denied ___ by the Council on - subject to the
following conditions
fl
r-------.... ___—___........ _________
- Comments. (Use other side).
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STILLWATER. MINNESOTA
Mtirne.nta Rerui errd Iati4 _r•r•or 10 7447
R7.co-taio Re.i.tertd Lard S►.r►e•ar No. S-81.5
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a!iove and na.- the a5ave as true and correct plat of
add
Datedi r:1 23 1967
1)7
Su —veer
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•
•
PLANNING APPLICATION REVIEW
CASE NO SUP/89-12
Planning Commission Meeting February 13, 1989
Project Location 14470 North 60th Street
Zoning District Industrial Park Commercial
Comprenensive Plan District IP-C
Applicant's Name Jeff Lundeen
Type of Application Special Use Permit
PROJECT DESCRIPTION
Special Use Permit for a commercial recreational use, Billiard Hall, in the
Industrial Park Commercial District
DISCUSSION
The application is for a 2,500 square foot billiard hall in an existing
building The plans, as submitted, include ten pool tables and otner video
games No alconolic beverages will be served The building is currently
occupied by K-Sun manufacturing (17,825 sq ft ) and a retail outlet (6,875
square feet) The narking requirements for the various uses are as follows
Retail - 6,875 sq ft = 45 spaces
Manufacturing - 17,825 sq ft = 9 spaces
Pool Hall - 2,500 sq ft = 45 spaces
Total 99 spaces
Eighty seven (87) spaces are readily available in the parking lot with
additional space available, but unmarked, on site if additional parking is
needed
No signage plan is submitted as of this writing but the applicant has
indicated that the sign will be located on the front of the building and he
will bring the sign plan at meeting time for Planning Commission review
RECOMMENDATION
Approval
FINDINGS
Adequate access and parking is available and based on the plans submitted, the
proposed use will not be injurious to the neighborhood or otherwise
detrimental to the public welfare and in harmony with the general purpose of
the Zoning Ordinance 4 -
• CONDITION OF APPROVAL _ a4
1 A sign plan shall be submitted and approved before a sign premit is = _ _
issued -
ATTACHMENT - _--�� Y - -T ° ' -- - �` Ott -- s.
- Project Plans. - - ; ^ - - Y, e
.. .. .. X _ _ , —y N _ ,,,,se
v
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IGO
•
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Sareet Location of P'aperty
Dasc-ia„cn of P"oaerty
Gw; Nc^-e _31 ` 1 Lst ca t N
SU.P
Casa Number
Fee $eec _/
Dcsa Filed
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PLANNING ADMINISTRATIVE FORM
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Ada-ess�s�t � T-_L--1---t?=—L-1-V---- Phone _ - S! C----
Aaalicant (if other than owner) Name
Phone
�.CG"ess — —----------
Type of Request ___ Rezoning
?S Sec al Use
Desc- pteon
of Recuest
___ Approval of Preliminary Pict
Permit ___ Approval of Final Plat
Var,c^ce ___ Other
jT
a
Da-e of Public hearing
^ ' or.'ODCSe^ Y- ^'-=' to be arr.vIra OIl
tot :ea, sr owing following
Sicncture of Applicant
-+-
J
North airect.on.
Loca,.or or p-onosea s`ruc+ure on lot.
Dtr-ers ons or front ana s ce set-oac'v
Dlr-ens ons or proposea strsc`t.re
Street na—es
Loca .on or aGjacert, bu..al^7s
Other in:or—tat;on as : aaj be reaues a:.
oac`i oZ
this :o, = o- r at-
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AC, kL.10
CZ ▪ V is ,b
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A — _ Commiss on on (cote)
pprovcd _ _ Denied _ _ by the Planning
s.blecs to the following conditions
Approved ___ Deniec ___ by tl•e Counc'I cn
following conditions.
---------- ---- sublets to t; e
Comments. (Use other side), -
_-
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EXHIBIT "A"
The South 200 00 feet of the East 168 13 feet of the following
described parcel, towit:
The South 442 8 feet of all that part of the East 10 acres
of the South half of the Southwest Quarter (S1/2 of SW1/4)
of Section 33, Township 30 North, Range 20 West, Washington
County, Minnesota lying North of the northerly right-of-way
line of State Trunk Highway No 36, (formerly Trunk Highway
No 212) said East 10 acres being the East 328 13 feet of
said S1/2 of SW1/4.
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APPENDIX I
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1! `FS01,11 F(I'IFItFt'
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1 I I , 1 ,.1 h1rlr)tOrl CI Milt ;Wine- ,ta hind that 1)11 t of 1 I.,L 1)t 1- ,ttcct
I 1 t ;11c.11 11c3 Nt,t I II cif t11rs ,uut II 9 43 Ccl_t Of 1 id I i t ,1 t u r ttr et
it r t1 I tl,cc n the , t' n ion Outhcr 1 of the 1 a t 1 tnt ( f lid 1 ((t 3 and
t' t 1 Ln( of E.-,a 1d I )t 4
l r 1tt� 1' It 1 I ( I lnl 6, 1 lock 30, C,at 11 ` (chuleni)ul (3', Add It 1 1 to t i l] 11 1 accord-
1 t th i 11t thr_1 eof on f 1 lr. cllld Ot cotrl 111 th (If I I )f t II county
I c t (1 i , , 1 hinuton L(111nt\ , 'II !Inc lot 1, and that 1) li t (,f- ' I`' _ , tit 1 ttr et
t ' 11 ch 1 ies 9 13 It c t r!(lt tti of Lhc NOt tll 1 1 n ()f li 1 I oL I o n d 6
1 t 1 I lie ( xtr neione- 'Jot thet ]) of. the 1 ast line 01 lid I (it 1 an 1 the c.Ellt
1 1 11 '1 1 id LUt 6
Not(:, o Intl', 1tc I1 1 LI r et. matked `-)1ACE RI , 1 3774
• I nil 1c 1tr 1 1 I f ()mid 15 not( c1
Ut 1 r nt 1t 1011 ,I I I 1 l)( at int3 sr-tem t., 1 unled
IJ( ( f r 11C" 1 1111 1 1d 11111)LOV('m( nt:-_, r II(_. roachlnent, 1, hen n
Not, it 1)1 lcr 1 t n pi i) fo(rnd i Ion 1 the n' ] y line (,t the r lottr n Par cc.1 111 D l,il,cs
l!( Le 1 1 )cr(1 I II tI( un'.nokn and could poc 11 ly t^1,LeFent 1n 111 ct ( (. IatIt1 11 ILast
said 1 !otter) 1 1t L 1 t,commend L h 1 , mat tCI Pc di eu-3Ded With cell ltt(,I n ft,t hi,
rev it l Ind r 11 1
Cal 11 is cl 111 Ill 111 1' AtlditLon to ` 1 11ll at et , (Lec('Ldecl plat) 1 1 11, (1 1 I)Octin ( nt
Nullll t 4160 1O, (() Illy hPLOt(I( Ls Of 1 ice
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ut 1 1 it 11nr located
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lilt! trt(I 1)1 nu or 11'1tl r nil (fur t cu1(Ct 1 1(m ind that
I ,1n) 1 dui) R('' ttr 1 .01n(I Curtrl or nod( r 1hr laws of
the 17 of 111(_ J f J/
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• •
t)rt( Nov 29, 1 J R 3 It1No 1 7 1
g -
•
•
•
•
PLANNING APPLICATION REVIEW
CASE NO DP/SUP/89-13
Planning Commission Meeting February 13, 1989
Project Location 319 North Main Street
Comprenensive Plan District Central Business District
Flood Plain Yes
Zoning District IA -Heavy Industrial, Flood Plain
Applicant's Name Michael McGuire
Type of Application Special Use Permit for office building
DISCUSSION
The project plans show a three level 15,000 square foot office building first
level 4,318, second level 4,966, and third level 5,714 The building would
appear forty one feet tall as viewed from the east, (river) and thirty five
feet tall viewed from Main Street The dominate building material is brick
with stone accent Overhanging decks to the east capture views of the river
Tne step up design provides soutnern exposure, sun and weatner protection
during summer months Eighty two permanent parking spaces are provided, 68
surface level spaces and 14 in a parking area under the structure The north
portion of the lot is shown in a possible parking lot configuration that could
accommodate 71 parking spaces Besides the building and parking, the site plan
shows landscaped areas between the parking lot and the property line and
parking lot and the building The building is set back sixty five feet from
Main Street and seventy feet from Mulberry Street A building area outline in
the proposed parking area north of the proposed structure shows a possible
second phase office building location
DOWNTOWN PLAN
The recently adopted Downtown Plan provides land use and design direction for
this site In the Downtown Plan, Mulberry Street is improved and extended to
Mulberry Point The plan shows Mulberry Street as an 80 to 100 foot landscaped
boulevard Main Street would also be improved with street lighting and
landscaping Sidewalks are shown along Mulberry Street and Main Street as well
as along the nortn property boundary connecting a river walkway to Main Street
and pedestrian plaza in front of Staples Mill
The plan designates tnis location Special Site No 4 Specific land use and
design gJidelines apply to this site (see attached Special Site Map and Use
and Design Guidelines and office use) Also, design guidelines are contained
in the plan that provide more detailed direction for new development
DESIGN REVIEW
The Downtown Design Review Committee considered the proposal at their meeting
of February 8, 1989 and made the following comments The Committee used the
site specific design guidelines described above and overall design guidelines
in reviewing the project
•
•
•
1 The Committee liked the overall design of the building
2 They felt the additional detail was needed to evaluate materials,
signage, grading/drainage, lighting, and landscaping
3 Agreed with the applicant in that more study should be given to
pedestrian access to the building, particularly from Mulberry Street
4 Recommended that the streetscape design for Mulberry Street and Main
Street be developed by the City so that this development, and others in
the North Main Street area, can coordinate their on -site development
with the public area
LAND USE
The proposed office use is consistent with the land use guidelines for the
site Besides office use, additional parking is neeaed in botn the short term
and long term for adjacent uses, the Olson property and Staples Mill uses
With an office use, shared evening and weekend parking is possible As
proposed, the project nas adequate on -site parking 75 spaces are required for
the office use and 82 are provided
The site is within the Flood Plain/Flood Fringe area This requires that the
finished floor elevation of tne first habitable floor be at an elevation of
693 5 The proposed first floor elevation is 696 or 2 5 feet above the
one hundred year flood level Because the structure is in the Flood Plain
District, all utilities must be located above flood level and an excavation
plan available for the fourteen parking spaces under the building
Mulberry Street improvements will require additional right-of-way The
City Engineers are examining the width required The plan concept design for
Mulberry Street shows one hundred foot right-of-way Existing Mulberry Street
is fifty feet If at all possible, plans for improvements to Mulberry Street
should be prepared by the City during the first phase of implementation so
that the proposed landscape plan can be coordinated with streetscape
improvements
The project use and design is consistent with the Downtown Plan as proposed
and conditioned The applicant has indicated that, regardless of project, the
Arrow lot and environs will be cleaned up this spring
RECOMMENDATION Approval
FINDING
The proposed, as conditioned, is consistent with the Downtown Area Plan land
use, design guidelines, Flood Plain Ordinance, and will not be injurious to
the neighborhood or otherwise detrimental to public welfare and will be in
harmony with the purpose the the Zoning Ordinance
CONDITIONS OF APPROVAL
1 Before building permits are issued, design details for the areas of
building materials, color, signage, grading/drainage, lighting, service
areas and landscaping shall be reviewed and approved by the Design
Review Committee
2 A ten foot easement for a pedestrian patn shall be provided along tne
north property boundary
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Special Site #4
This site is situated between Main Street and Mulberry Point
just south of Site #3. The new heavily landscaped Mulberry
Boulevard runs along the south boundary of the site.
Existing buildings on the 2 8-acre parcel are in poor con-
dition and should be demolished and the site cleared. As
with Site #3, there is potential for residential development
overlooking the marina and river. Other possible uses
include hotel, office, mixed use, and public parking.
Land Use
Multifamily, residential, hotel, office, mixed use and
public parking.
Design Guidelines
o The project landscape plan should complement the new
streetscape design for North Main and Mulberry
Boulevard.
o Provide adequate right-of-way for Mulberry Bouleve d.
o Provide a landscaped pedestrian pathway along the north
property boundary connecting Main Street to river walk-
way system.
o Parking areas should be screened from Main Street view.
o Provide on -site parking according to use requirements.
o Meet Central Business District requirement, Floodplain
regulations and Downtown Design Guidelines.
•
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•
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PLANNING APPLICATION REVIEW
CASE NO V/89-14
Planning Commission Meeting February 13, 1989
Project Location 2000 Washington Avenue
Comprehensive Plan District Industrial Park
Zoning District IP-C
Applicant's Name R C Ernst
Type of Application Variance
Project Description
Request for a variance to the rear yard setback requirements for construction
of a commercial center
Discussion
This application is to construct a 13,716 sq ft retail building on two lots
located on Washington Avenue across from Cub Foods Retail is a permitted use
in the IP-C District A variance is being requested to allow a rear yard
setback of twenty (20) feet, ratner tnan the required thirty (30) feet Access
to the site is provided off the existing Merrill Lynch driveway eliiiinating
six parking spaces These spaces will nave to be replaced and an access
easement recorded for use of the driveway The City Traffic Engineer is
reviewing shared access circulation proposed
The rear lot line is irregular, varying in distance of 87 feet to 20 feet from
tne rear of the building The 20 ft setback area would oe adjacent to the
side line for the hotel Twenty feet is required for a side setback Because
of the irregular nature of tne rear lot line and location of existing and
potential development on the adjacent lots, the variance is reasonable
RECOMMENDATION Approval
CONDITIONS
1 An easement for use of the Merrill Lynch driveway shall be recorded for
tne project before ouilding permits are issued
2 Replacement panting shall be provided for the loss of parking on the
Merrill Lynch Site
3 Any recommendation from the Traffic Engineer regarding ingress and
egress from Washington Avenue shall be met
4 Before building permits are issued, a Certificate of Compliance shall
be issued for tne development plan
5 A condition shall be recorded combining the do lots together for
purposes of development or sale and evidence of recording given to the
City before permits are issued -
ATTACHMENT Project Plans
PAC 100
- Case Number 1'G— 1 `7L
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Fee Pcid ..‘—
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Dote Filed /
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PLANNING ADMINISTRATIVE FORM
Street Location of Property 2000 Washington Avenue
Lot 8, B1 2,Stillwater Industrial- Para
Legal Doscrcpt►on of Property Lot 2, 81 1 ,Stillwater Industrial Park, 2nd Addn
Cosmopolitan State Bank
Merrill Lynch Realty
1946 Washington Avenue 439-/3U3
Address 2020 Washington Avenue PF-one 430-2100
Owner Name
AccI ccn- (if ot`-er than owner) Name R
C Ernst
Adcress 5691 Geneva Ave N , Oakdale Phone 777-4488
Type or ,Request ___ Rezoning Approval of Preliminary Plat
___ Special Use Permit ___ Approval of Final Plat
_ X VG -lance ___ Other
Desc-p t,on o; Recuest Applicant requests variance to rear yard
setback from 30' to 20' for approximately 112' of building Balance
of rear yard setback varies from approximately 45' to 88'
Signature or Applicant
Date of Puoiic I ecring
XOT� Snetc . oI proposed property ana structure to be arawn on oacx 0: Iorra or at-
tacnea, snowing ,ne �oilowmg
1 Nor ;h airecuon.
2 Loca .on or pr000sea structure on Iot
3 DLi acts o-s oI frort ana s,de set packs
Dirensions or pr000sea str chure
5 St-eet nares
6 Locaaon or aa)acent e ust ng buliaings
i Ot :er inrornation as :nay be requestea
Acoroved ___ Denied ___ by tho Planning Commiss,on on (cote)
sub1ec- to the following conditions _
Approved ___ Denied ___ by the Council an sublet+ to tie
following cond 'cons
- ` z
Comments. (Use other side), -
•
iliwater
THE BIRTHPLACE OF MINNESOTA -,
TO PLANNING COMMISSION
FROM PLANNING DEPARTMENT
DATE JANUARY 26, 1989
SUBJECT COMPREHENSIVE PLAN AMENDMENT INCLUDING 11 ACRES OF LAND WITHIN THE
STILLWATER COMPREHENSIVE PLAN BOUNDARY AND DESIGNATING THE LAND USE
SINGLE FAMILY RESIDENTIAL (CASE NO CPA/89-3)
BACKGROUND
Washington County petitioned the Minnesota Municipal Board for deannexation of
approximately 11 0 acres of land from the City of Oak Park Heights and
annexation to the City of Stillwater (See report filed by Metro Council ) The
existing County Government Center is located in the City of Stillwater and the
area oroposed for annexation and tne subject of this Comprenensive Plan
Amendment is owned by 4ashington County Tne attached map shows the area under
consideration and the irregular City boundaries in the vicinity of annexation
Sewer and ervice5 are available to the site located in the Oak Park Heights
urban service area Tne Stillwater Comprenensive Plan shows the existing
Government Center (See attached Comprehenive Plan mao ) It is recommended
that tne Government Center Building designation extend to the 11 acre site with
an open soace buffer designation separating it from tne residential areas to
the No► to and East
RECOMMENDATION
Approval of Comprenensive Plan Amendment adding 11 acres to the City
Comprehensive Plan and MUSA area and designate the area Government Center and
open space buffer (Reolution)
ATTACHMENT
Resolution
CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121
•
RESOLUTION CPA/89-3
RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY EXTENDING
THE CITY COMPREHENSIVE BOUNDARY TO INCLUDE APPROXIMATELY
ELEVEN ACRES OF LAND LOCATED GENERALLY
EAST OF PANAMA AVENUE AND SOUTH OF 62ND STREET
WHEREAS, the Metropolitan Land Planning Act of 1976 requires tnat amendments
to Comprehensive Plans of local governments be prepared and submitted to the
Metropolitan Council and adopted in the same manner as the original plans,
Minnesota Statutes 473 864, Subdivision 2 (1978), and
WHEREAS, the City of Stillwater has prepared a City-wide Comprehensive Plan,
and more detailed area plans for part of the City, and
WHEREAS, the Planning Commission has-eviewed tne amendment request
considering existing conditions, land use policies, availability of public
facilities and land development capabilities, and
WHEREAS, the designated land use of the annexed property shall be County
Office Building and open space oufter as shown on Exhibit "A"
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to tne
City Council that it is in the public interest and community betterment tnat
the Comprehensive Plan be amended to include the eleven acre area in the City
Comprehensive Plan and municipal urban service area and to designate the Site
Single Family and open space buffer
Date
Secretary
•
Chairman, Planning Commission
s
Metropolitan Council of the Twin Cities Area
300 Metro Square Building, 7th and Robert Streets
St Paul, Minnesota 55101 Tel 612 291-6359/TDD 291-0904
DATE May 23, 1988
TO Minnesota Municipal Board
FROM Robert Overby, Metropolitan Council Staff
SUBJECT Information Submission
Minnesota Municipal Board
Annexation of Land from Oak Park Heights to Stillwater
BACKGROUND
In accord with the Memorandum of Understanding agreed to by tt^e Metropolitan
Council and the Minnesota Municipal Boara (MMB) on June 28, 1983, Council staff
prepares an information submission for any MMB hearing within the Metropolitan
Area The information submission presents demographic, land use, environmental
and utility information for the ,7urisaictions involved in the hearing T ost of
the information provided comes from the local comprehensive plans, Council
policy plans and Metropolitan Development and Investment Framework forecasts
I DEii0CR4phIC CL-ARPCTERISTICS
Oak Park E+ei ghts Counc_1 Forecasts
1970 1980 1990 2000
Population 1,256* 2,591* 3,800 3,900
Households 377* 868* 1,300 1,400
Employment 508* 2,180 2,500 3,000
Census Data
Stillwater Council Forecasts
1970 1980 1990 2000
Population 10,196* 12,290* 13,200 13,300
Households 3,035* 4,065* 4,600 4,800
Employment 3,100 5,700 7,500 8,000
* Census Data
II GEOGRAPHIC FEATURES
A Total Acreage Oak Park Heights - 1,142 acres
Stillwater = 4,360 acres
B Soils and Te'aan
The Oak Park Eeights Comprehensive Plan (1978) shov.s sloces "general'-\
over. 13 percent" in Parcel C, from the northwest corner diagonally to
the southeast towards the east -central part of the parcel, and then souti-
along the eastern end of the parcel to the southeast corner
The plan indicates a general soil suitability .n the areas to be annexed
as "soils having excessive natural drainage, sl1 gnt lim1 tat or for found-
ations and 106 to very low water holding capac_ty"
171 LAND USE
A Area Dr000sec for Annexat-on
The current land use of the area proposed for annexation J.s as follob.s
Parcel "A" is used as part of the parking lot for the Coounty courthouse,
Parcel "B" is used for the west side of Panama Avenue, Darcel "C" nas two
hones located within it, one at the southeast corner of Panama Street and
62na Street and the other located on Panama Street, immediately south of
the first home The remainder of Parcel "C" is vacant, open land There
are homes located adjacent to Parcel "C" on the south north ana east
The 1Nashirgton County Government Center is locatea immediately to the west
The Oak Park Heights Comprehensive Plan proposes public and semi-public
land uses in Parcel A, and low to mid-densty (3 to 10 c,elling units per
acre) in Parcels B and C
The Stillwater Comprehensive Plan (April, 1980 rei.sion) does not propose
any future land use for the areas proposed for annexation Plan comments
that indirectly reference the area to be annexed are listed in Part VII-B
b Building Activity �n the City and Township
1 Residential Building Permits
Oak Park Heights
1987
1986
1985
1984
1983
1982
1981
Stillwater.
23 SF
1 SF
2 SF
2 SF
1 SF
6 SF
4 SF
0 DU 0 MF
4 DU 0 MF
0 DU 119 €
0 DU 0 MF
8 DU 0 MF
0 DU 0 MF
0 DU 4 MF
1987 74 SF 0 DI, 30 t•F
1986 53 SF 2 DU 64 MF
1985 34 SF 0 DU 2 MF
1984 27 SF 2 DU 8 MF
1983 32 SF 28 DU 18 MF
1982 16 SF 2 DU 3 MF
1981 7 SF 2 DU 0 MF
0 T1
16 Tr'
0 TH
32 TP
6 TH
0 .n
0 Ti
15 TF
0 TI-
2 Td
11 T9
12 TH
3 Th
0 TH
0 MH
0M�
0 Mh
MF.
0 MI-
0 MH
0 MF-
0 NH
0 NI-1
0 MH
0 MEi
0 MH
0 MH
0 MH
•
•
2 Commercial and Industrial Permit Valuation
0ak Park -ieia",ts Stillwater
Commercial Commercial
1987
1986
1985
1984
1983
1982
1981
$ 530,000
$ 0
$ 404,000
$ 344,000
$ 411,000
$ 0
$ 68,000
1987
1986
1985
1984
1983
1982
1981
Industrial Industrial
1987
1986
1985
1984
1983
1982
1981
$ 0
$ 0
$ 0
$ 60,000
$ 157,000
$ 0
$ 0
1987
1986
1985
1984
1983
1982
1981
$3,630,000
$ 777,000
$2,479,000
$2,751,000
$ 290,000
$1,512,000
$ 447,000
$4,800,000
$ 0
$ 750,000
$ 0
$ 0
$ 0
$ 334,000
IV TRANSPORTATION
The three parcels of land (A, B, C) are generally located north of the
north frontage road for hignway 36 and south of 62nd Street, between
between 0xboro Avenue and Paris Avenue
The Oak Park Heights Comprehensive Plan classifies 0xboro, Panama and
Paris Avenues, along with 62nd Street, as local streets No problems
with the regional highway system were identified as a result of the
proposed annexation
V SEWERS
0ak Park heights
0ak Park Heights had a 1987 sewer flow of 127 9 million gallons ( 353 mgd)
and has a planned 1990 sewer flow of 155 5 million gallons ( 426 mgd),
based on the city's 1980 Comprehensive Sewer Policy °lan
Stillwater had a 1987 sewer flow of 838 million gallons (2 268 m_lllon
gallons per day average). The city has a planned 2000 sewer flow range of
956 to 1,008 million gallons per year (mgy) according to the Courcil's
Water Resources Management Wastewater Treatment and Dandling Policy Plan
of February, 1988
Sewage from the area proposed for annexation from Oak Park heights will be
treated at the Stillwater treatment plant There is sufficient treatment
capacity to handle the additional sewer service area, based on the planned
improvements to the Stillwater plant
i
The city of Stillwater will have to submit to the Council
1) ar amendment to its Comprehensive Plan changing its 2000 Urban Serllce
Area limits to include the area proposed for annexation, and changing the
city's land use plan and map to reflect the possible future land uses or
the annexation area that the city would support, and
2) an amendment to its Comprehensive Sewer Policy Plan to show the t.m_ng
and stagirg of sewer service to the area Both plan amendments must be
reviewed and approved by the Council before sewer sere, ce can be provided
to the annexed area
VI ENV IF0M€?TTG1 ISSUES
As notea above, there are areas of Parcel "C" that have slopes in excess of
13 percent,ana soils that have excessive natural drainage, with a slight
limitation for foundations and low to very low water holding capacity
r10 environmental problems were raised by Council staff in regard to the
servicing of the land area by sanitary sewers
VII STATUS Or COUNCIL ACTION
Plan Reviews
Council review of the Oak Park reights Comprehensive Plan was completed on
May 14, 1981 Counc-1 review of the Stillwater Comprehensive Plan was
completed on April 23, 1981
The Council has not received a plan amendment for the proposed annexation
B Consistency hith Local and Regional Plans
1 Local Plans
The Stillwater Comprehensive Plan (April, 1980 revision) contains the
following indirect references to the areas proposed for annexation
Page 55 Land Use Distribution No 8 "It is noted that the
preliminary C-ty Plan of Oak Park Heights expresses some concern over
the location of the new County Office Building in close proximity to
housing, future potential expansion of County Facilities in this area
should be a matter of planning coordination between the two
communit_es Little or ro land use conflicts between the two
Community plans or existing land use is apparent other than the issue
of County facilities so noted pl. Oak Park Heights " There is no
Orderly Annexation agreement bet,aeen Oak Park Fei ghts and Stillwater
to coordinate planning in the area to be annexed However, the City
of Oak ark rieights has passed a resolution indicating its consent to
the concurrent detachment and annexation of the 11 acres
•
•
•
•
Page 73, Land Use, Goal No 20 "Annexation of land adequate to
accomodate the population growth and housing needs of an urban
population with full urban services [will be needed] as the demand
will be created by new business and industrial employment in the City
New business and industry should be properly controlled and des_gned
to help preserve the "Village" atmosphere and environment " The
proposed annexation area is needed for the expansion of the County
Government Center
Page 81, Lana Use Policy No 24 " In annexation areas,
arai'ageways, streams, ponas, swamps, lakeshore, and ou''er natural
features will be protected and preserved as appropr-ate " The Oak
Park Heights Comprehensive Plan indicates that there are steep
slopes and drainagewa}s cutting diagonally across Parcel "C" from
the northwest to the east -central part of the parcel, and then
extending south along the eastern edge
Page 91, Land Use Plan, Proposal No 1 "The City should consider an
annexation plan that would gradually and in stages extend the City
limits outward to eventually encompass an area bounded on the north by
Highway No 96, on the west by County Road 15 or Manning Avenue, on
the south by Fighway 212/36 (minus that land to remain in the City of
Oak Park Heights), and on the east by the St Croix River r,
Page 97, Land Use Plan, Proposal No 8 "Any future expansion of the A
County Office Building complex should be planned in cooperation and
coordination with Oak Park Heignts "
Page 115, Highway 212/36 Corridor Study, Policy, Goals and Standards.
Goal No 3 "Non-residential aevelopments should not be in conflict
with adjacent or nearby residential uses " There are two homes in the
annexation area, as well as homes adjacent to the area on the north,
east, and southwest
Page 116, Fignway 212/36 Corridor Study, Land Use/Traffic Guides
"For a proper land use mix, exceptions should not be made to existing
zoning without careful study for affects [sic] upon traffic
circulation and area amenities " The proposed expansion of the County
Government Center in the annexation area would generate more traffic
through local streets and on the highway 36 frontage road The amount
of existing open space would be decreases
The Stillwater Comprehensive Plan does not specifically ment.on the area
proposed for annexation as being planned for future annexation, but the
area is located within the potential future city boundaries (hignaay 36
on the south, highway 96 on the north, and County Road 15/Manning Avenue on
the west -- minus the land that is to remain in Oak Park Heights)
Currently, the area to be annexed is located within the urban service area
of Oak Park Heights The city of Stillwater will have to submit a plan
amendment to the Council amending its Comprehensive Plan to create a new
urban service area boundary for the year 2000 that includes the area
proposed for annexation, and to change the city's land use plan and map
to reflect the possible future land uses in the area to be annexed
Stillwater will also have to submit an amendment to its Comprehensive
Sewer Policy Plan to show the timing and staging of sewer service to the
area to be annexed, and receive Council approval of the plan amendment
before sewer service is extended to the annexed area
2 Regional Plans
The city of Oak Park Heights is part of the Stillwater Freestanding
Growth Center A freestanding growth center is a larger urban center
that is located within the rural portion of the seven -county Metro-
politan Area
In the 1986 Metropolitan Development and Investment Framework (MDIF),
freestanding growth centers are described as follows
'The Council considers the freestanding growth centers as cecached
portions of the metropolitan urban service area and as areas that are
intended to accommodate regional population and emplopyment growth
that might otherwise occur in unserviced areas Where additional land
is needed to accomodate growth, the community should extend municipal
municipal services in a staged, contiguous manner, consistent with
their ability to provide such services 4nnexation through zr, orderly
annexation agreement is the preferred alternative, when the additional
land is in an unincorporated area "
The Council's polic} "supoorts urban -density residential, commercial
and inaustrial development in freestanding growth centers" and "will
make investments in metropolitan systems serving freestanding growth
centers based on the fully developed and developing area policies, as
applicaole"
R00018
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•
•
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TO PLANNING COMMISSION
FROM PLANNING DEPARTMENT
DATE JANUARY 26, 1989
SUBJECT ZONING OF 11 ACRES OF LAND SINGLE FAMILY RtSIDENTIAL
CASE NO ZAM/89-2
BACKGROUND
A previous Comprehensive Plan Amendment, CPA/89-3, if approved, incorporated
the subject area into the City Comprenensive Plan District and designated the
County Office Building and open space ouffer To implement the Comprehensive
Plan, it is recommended that the area be zoned Single Family Residential, R-A
similar to the surrounding area This designation allows government buildings
with a Special Use Permit The existing government buildings across Panama are
in a Planned Unit Development and when tnis area is being planned for
development, a PUD Amendment may be appropriate depending on the plans
RECOMMENDATION
Approve Single Family Residential zoning for the 11 acre area (Resolution)
ATTACHMENT
- Proposed zoning map
- Resolution
Z.
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RESOLUTION ZAM/89-2
ZONING ORDINANCE MAP AMENDMENT (CHAPTER 31, SUBDIVISION 5)
ZONING 11 0 ACRES OF LAND SINGLE FAMILY RESIDENTIAL R-A
LOCATED DIRECTLY EAST OF PANAMA AVENUE
AND SOUTH OF 62ND STREET AND EAST OF OXBORO AVENUE
WHEREAS, the Planning Commission has reviewed a request for a Comprehensive
Plan Amendment extending the municipal urban Service and Comprehensive Plan
boundary to the subject area, and
WHEREAS, the Planning Commission has reviewed the Comprehensive Plan Amendment
with existing conditions, Land Use Policy, land development capabilities and
the availability of urban services, and
WHEREAS, the Planning Commission has determined that a Single Family
Residential designation is the appropriate land use for the area
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does approve and
recommend for City Council approval the zoning of the subject 11 0 acre of
land shown on Exhibit "A" as Single Family Residential R-A as consistent with
the policies of the Comprehensive Plan
Date
Chairman, Planning Commission
Secretary
•
THE BIRTHPLACE OF MINNESOTA
TO PLANNING COMMISSION
FROM COMMUNITY DEVELOPMENT DIRECTOR
DATE JANUARY 24, 1989
SUBJECT ANNEXATION OF CITY OWNED LAND WEST OF COUNTY ROAD 5 AND
NORTH OF 62ND STREET CASE NO CPA/89-2
The City of Stillwater owns a 6 9 acre site located west of County
Road 5 and North of 62nd Street as shown on the attached map The
land is currently used as a tree growing field for City landscaping
and ponding area for runoff flowing to Long Lake The land nas been
annexed to the City The Compreheisive Plan Amendment will include
the property in the City planning area Tne predominate land use in
the area is Single Family Residential It is suggested that the land
be designated Single Family Residential for Cornprehensive Plan
purposes This designation can be reconsidered during preparation of
the West Stillwater Industrial Plan study
RECOMMENDATION
Approval of extending Comorenensive Plan boundary to include City
owned land and designate Single Family Residential (Resolution)
ATTACHMENT
- Area slap
CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121
, 16 -
•
•
•
RESOLUTION CPA/89-2
RESOLUTION EXPANDING THE CITY COMPREHENSIVE PLAN BOUNDARY
TO INCLUDE CITY OWNED PROPERTY LOCATED DIRECTLY NORTHWEST OF
COUNTY ROAD 5 AND 62ND STREET NORTH
WHEREAS, the City of Stillwater does own 6 9 acres of land located along
County Road 5, and
WHEREAS, such land has beei approved for annexation to the City of Stillwater
by the Minnesota Municipal Board, and
WHEREAS, the property is designated Single Family Residential, and
WHEREAS, the Planning Commission did review the proposal with existing City
Comprehensive Plan policy finds it consistent
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does approve and
recommend to the City Council the extension of the Comprenen>ve Plan District
boundary to include the 6 9 acre area and to designate the area Single Family
Residential
DATE
SECRETARY
CHAIRMANJ, PLANNING COMMISSION
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MIL INK -- 18E all --- I I NA — -
-
•
ORDINANCE NO. 679
AN ORDINANCE EXTENDING THE CORPORATE LIMITS
OF THE CITY OF STILLWATER INTO CERTAIN
UNINCORPORATED TERRITORY THAT IS OWNED
BY THE CITY OF STILLWATER
WHEREAS, certain territory described below is nct presently
included within the corporate limits of any incorporated city,
ara
WHEREAS, this territory is owned by the citi anc the land is
deemed to be urban or suburban in character,
NOW THEREFORE, the City Council of the City of Stillwater
ordains
Section 1 Territory Annexed. The corporate 1_rnits of the
City of Stillwater, Minnesota, are hereby extended to incluae the
territory described as follows
All that part of the East 10a6 17 feet of t-'e Southeast
Quarter of Section 31, Township 30 North, Rase 20 ;rest,
Washington County, Minnesota, contained within tne following
describea parcel of land, to -wit
All that part of the Southeast Quarter of Sect_on 31,
Township 30 North, Range 20 West, Washington County, Minnesota,
described as follows to -wit Beginning at t'e northeest corner
of the South Half of said Southeast Quarter of Section 31, thence
South 89 degrees 25 minutes 16 seconds East, assumec bearing,
along the northerly line of said South Half of the Southeast
Quarter a aistance of 42 00 feet, thence South 65 degrees 12
minutes 11 seconds East 214 95 feet, thence easterl, along a
tangential curve, concave to the north, radiis 1333 _2 feet,
central angle 17 degrees 03 minutes 51 seconds, 397 D4 feet,
thence Soutn 82 degrees 16 minutes 02 seconds East along tangent
806 81 feet, thence South 82 degrees 56 minutes 16 seconds East
1068.50 feet to the centerline of Stillwater Boulevard Nort-i,
thence North 34 degrees 51 minutes 17 seconds East along said
centerline 306 74 feet, more or less, to its intersection with
the easterly line of said Southeast Quarter, thence northerly
along said easterly line to a point 130 90 feet soutzerly of the
northeast corner of the northeast corner of said South Half of
the Southeast Quarter, thence westerly to a coins it the westerly
line of the Northeast Quarter of said Southeast Quarter distant
33 00 feet northerly of the southwest corner thereof, thence
westerly to a point in the westerly line of the Nortlwest Quarter
•
•
•
of said Southeast Quarter distant 66 00 feet northerly of the
southwest corner thereof, thence southerly along saia westerly
line 66 00 feet to the point of beginning
Said parcel containing 6 91 acres, more or less, subject to
the right-of-way of 62nd Street North and Stillwater Boulevard
North
Section 2. Filing. The City Clerk is directed to file
certified copies of this ordinance with the Secretar of State,
the County Auaitor of Washington County, Minnesota, tne Tcan
Clerk of the Township of Stillwater, Minnesota, ana the Minnesota
Municipal Board
Section 3 Effective Date of Annexation This ordinance
takes effect upon passage and publication ana the filing of
certified copies as directed in Section 2 ana approval of the
Minnesota Municipal Board
Adopted by the City Council of Stillwater, Minnesota, this
7th day of June , 1988
Attest
7 h%4 1 ��e=tF"---A-1- a.. -i-7.--z. ems•✓
Mary Lou Johnson, Qlbrk
Publish June 15, 1988
Ai/ (i6J,, ,,,,,
Wally Al ranamson, ¶avor
An Equal Oppprtunity Employer
•
•
•
STATE OF MINNESOTA
MUNICIPAL BOARD
Suite 165 Metro Square
7th & Robert Streets
St Paul Minnesota 55101
October 13, 1988
Mary Lou Johnson
Stillwater City Clerk
216 North 4th Street
Stillwater, Minnesota 55082
Docket Number A-4500 Ordinance Number 679
City of Stillwater
Dear Ms Johnson
Phone (612) 296-2428
The Minnesota Municipal Board has now processed and approved the above
ordinance in accordance with Minnesota Statutes, Chapter 414, and the Rules of
Procedure
According to law, this annexation ordinance must be filed with the
Township Clerk, County Auditor, Secretary of State, ana the Municipal Board
(Since the ordinance has already been filed with the MLnicipai Board, no
additional copies are required ) We also recommend that you file the
ordinance with the County Recorder
The annexation is final upon the date the ordinance is approved by the
Board, which is the date of this letter
Sincerely,
MUNICIP4L BOARD
o
Patricia D L ndy
Assistant Di ector
PDL sg
cc Washington County Auditor
Stillwater Township Clerk
David T Magnuson, Stillwater City Attorney
Secretary of State
•
•
•
Stillwater City Council Minutes
Recessed Meeting
June 7, 1988
Motion by Councilmember Opheim, seconded by Councilmember Farrell to approve a
Special Use Permit for placement of two signs on the Grand Garage Bldg , 324
So Main St , Estebans of Stillwater Restaurant, Case No SUP/88-30 (All in
favor)
UNFINISHED BUSINESS
1 Possible second reading of an ordinance annexing City owned property
adjacent to County Rd 5 and 62nd St No
Motion by Councilmember Kimble, seconded oy Councilmember Bodlovick for a
second reading and enactment of Ordinance No 679, annexing City owned
property adjacent to Co Rd 5 and 62nd St No
Ayes - Councilmembers Bodlovick, Farrell, Kimble, Opheim and Mayor Abrahamson
Nays - None
2 Press On, Inc - Support of drainage construction and credit against
future assessments
Mr Russell explained that Press On, Inc is currently finishing
construction of their project and parking lot on the west side of
Industrial Blvd In order to properly drain their lot, they would like to
include an improvement which would be credited against any future
assessments Consulting Engineer ,Moore stated tnis area is part of the
East Industrial Drainage Plan
Motion by Councilmember Bodlovick, seconded by Councilmember Farrell to grant
Press On, Inc some consideration for relief of assessments for a portion of
the costs they are now expending for drainage improvements (All in favor)
3 Final Plat Approval to resubdmvide four existing lots comprising 2 72
acres into five lots located on northwest corner of County Rd 5 and
Croixwood Blvd in the RCM Multi -family Residential Dist, Heritage
Development Corp Case No SUB/88-17
Mr Russell described the request, recommending approval of the plan as
submitted and that an access easement should be recorded with the plat
Mr Kilty expressed concern that the final plat show the easement Mr
Magnuson stated a condition of approval could be added including the
easement A representative of Heritage Development Corp statea this will
be included on the abstract and it is also a condition for building
permits
Motion by Councilmember Kimble, seconded by Councilmember Farrell to approve
the Final Plat to resubdivide 4 existing lots into 5 lots, located on the
4
•
,APA Chapter
:ard Actions
December
Krauss AICP Chapter Secret
- the Dec_. ber Board meeting tie
-allowing ions were taken
-.eview of t e recommendation) of
Legislati e Committee on pro
Wised new s ate enabling legi !la
:on Action t ken to send outj�nfor
ration to me bers to develo
...neater posrti•n for input in Igisla
Ave process
approved a • • e of Ethics at will
)e distributed t. Chapter `
membership
approved holdi a recept n at the
rational Confer: ce hop fully In
,onjunction with he pnv a sector
1 ne reception wo Id sery as a
-athering place f• Chap r mem
,ers in attendanc: and i crease
she ter visibility
to hold an ext ded Board
ne g in January to evelop
.napter Work Prog and provide
focus for the come two years A
-chedule of functio by the
ogram and Profes tonal
Development Comm ees will be de
+eloped The Boar i lodking at
-folding a meeting uluth sched
iied in connectio wit an event
,ponsored by th City nd the
-'rogram Comm ee
Approved reco
rising National
-nplementatio
,ped by a Ch
If you hay
essional D
be contact/me
tions on re
olicy
Princip s devel
pter work group
any idea for
elopment rograms
at 933 2 11
mend
PA s
3A Shoiarshis
he MI
Asso
to stu
esota Planning
ation will grant sch
ents in Masters De
;rams in planning or related
ig�annual MPA/MnAPA
xi 89 The scholarships
xmount of $250 each Perso
ested in making application should
act Paul Johannes at
794 3696
larships
ee
ields
eeting
e in
January
1 9 8 9 4
Annual APA Student
eception Summary
k Corson AICP
The al APA Student
Recepti, held at the Metro
poldan Council ' . year) was well
attended by planne as well as
students and faculty f St Cloud
State University Mankat• Late
University and the Humphr Institute
at the University of Minnesota =d
Hoisington of Hoisington Group I
Ann Perry Planning Director of the C
of Minnetonka and Steve Recke - •f
the State Planning Agency . e
presentations Each s.. _ of planning
experiences in their.•-rspective
positions and 1•1 - elaborated upon
their most - • east enjoyable
moments in the profession They went
on to note the qualities that they look
for in planning professionals and
14 Ways to Build
A Better Planning
Commission
he Institute for Education in Local
Government in Berkeley
California suggests 14 ways to improve
your local planning commission
1 Build and adopt bylaws and pro
cedures and stick to them
2 Develop and make available to
anyone who wants them good and
reliable information data and
maps
3 Prepare and maintain an adequate
general plan refer to d and make
and implement decisions that are
consistent with its policies
4 Annually re-examine what you are
doing as a commission how well
you are doing It and how to do d
better
5 Outline a year's work on active
planning and stick to rt Dont con
fuse development permit process
ing (plan review) with real planning
6 Ask to participate in preparing the
planning agency s budget
7 Meet penodically with your city
council or county board to ex
change ideas and to assess your
mutual objectives
suggested ways for students to obtain
some of those desirable skills Methods
used to land that first job and
interviewing techniques came u• e
discussion following the pr: - - tenons
I particularly enjoy eanng about
the experiences of f=. '.w planners in
both the private - d public sectors
Such revela s help planners realize
that their : uations are not unique and
that . re are common elements in each
ning success or cnsis
Overall the event was informal yet
informative Much of the student/
planner interaction occurred while
njoying refreshments and disbursing
prizes Several people in
atte nce made job related
annou =ments and offered additional
advice fo udents My appreciation
extends to e one who took the time
to participate in - s event
8 Consider a public forum every year
or so Ask people (your clients )
how things are going and what they
want done (if anything)
9 Tell your staff what you want how
you want material presented to
you etc Dont be a passive com
missioner wading for the experts
to tell you what to do next
10 Attend some short courses on new
planning techniques or the latest in
land use law and expect your staff
to do the same
11 Tour about as a commission to see
what others are doing Sometimes
you will be uplifted to find out how
many light years ahead of your
neighbors you really are and
sometimes you II get some ideas
worth borrowing
12 Appoint a commission representa
Live to appear before the elected
body when rt is necessary to ex
plain or sell an action Dont expect
staff to do your job
13 Lobby for good planning If you
don/ who will?
14 Take time to onent new commis-
sioners to the job
Remember how tough d was to get
the hang of d when you were a new
member of your commission
11.wn+y 'moan •fl a'4! M t -
e,;L ,y7
i
1
1989 could be year of decision
for group homes in Twin Cities
By Norman Draper
Staff Writer
ia`
This could be the year of decision for
group homes
Minneapolis and St Paul already are
crowded with such residences Min
neipolis so much so that the City
Council might declare a moratorium
011 any new ones And the Legislature
will consider tough measures de
signed to distribute them over a wid
er area
That could mean a couple of things
Some inner city group homes would
have to be rnoved — probably by the
early 1990s — and the suburbs would
have a tougher time keeping them
out Also new group homes would be
blocked out of areas that have too
twiny existing ones — inner city
Minneapolis and St Paul for exam
ple
That adds up to more group homes
for the suburbs but whether the in
flux will amount to a trickle or tidal
wave is uncertain Some argue that
the number of people who need
group homes is increasing and that
they re going to have to be put some
where But others say the demand for
new homes hasn t been that great
lately
Also the cost of moving inner-city
Group Domes Continued from p-ige IB
property values and the changes they
Icir will be wrought on their neigh
borlioods Two weeks ago 100 angry
neighbors attended a heanng by the
Golden Valley Planning Commission
to voice opposition to a proposed
home for people with AIDS and
AIDS related complex
'T list s not uncommon When any
new facility goes into the suburbs 1
would guess 100 area residents show
usupto ervisor oreof placemst said ent for Henrge lne
pin County Community Services
In the case of Golden Valley the
commission voted to recommend
lgainst a zoning change that would
have permitted the AIDS group
home Thcrc were several reasons for
that For one the commission want
cd to wait to find out what the Legis
laturc would do For another, thcre
w'is the concern that such a zoning
change would leave the suburb open
to group homes over which it would
lia%c no control
we would be the first of the subur
ban communities to open the door to
homes to the suburbs might well be
prohibitive Preliminary Hennepin
, County figures estimate the cost of
dispersing inner city Minneapolis
group homes to the suburbs to be
anywhere from $21 2 million to
$92 81 million per year depending
on what type of facilities the clients
are moved to This increased cost
comes from higher property values
and mortgage rates
Group homes which treat lnd houses
people from cnminlis and drug ad
diets to the physically disabled often
stir up controversy among suburban
ites concerned about their safety
Group homes continued on page 6B i
any facilities without the oppor
tunnies for reviewing specific pro
posals said Gary Prazak chairman
of the Golden Valley Planning Com
mission
A year ago residents of Brooklyn
Center with the assistance of Henne
pin County Commissioner John
Derus succeeded in blocking the Bill
Kelly House a group home for men
tally ill alcohol and drug abusers
Despite this group homes have be
come fairly common in the suburbs
Almost every suburb in the Twin
Cities metropolitan arca has some
type of group home Marty have sev-
eral
Minneapolis and St Paul have many
more and don t want to add to the
list St Paul has 95 group homes
accounting for 1 641 beds The rest of
Ramsey County has 161 beds said
St Paul city planner Nancy Romans
Minneapolis has 141 group homes
with 4 119 beds 1 hat s probably sev
all times more than the rest of Hen
neprn County Most gioup homes are
concentrated in the inner city
0D50ueDU000ai>,-, raa`3[o
e°n 46, 0v00i-3E0 0 03
rJ
0.,vgcern
qq[yg3.CC..��_�
K'gxiEv,,����31
a,�o0 of �^o
u=� E � 3 ° o o'
'° L' m2.0 2- ao
J 3avaovco05
�v 1-e v b o �].o c C
a, =-0 0 0in O -
c pp o0
OD'C7 cE O U 'Li .0 in :.
I proh-ibly have as many voters liv
ing in therapeutic communities as are '
in the neighborhood orglnizltions '
said Brian Coyle a Minneapolis City ,
Council member from the inner city
As a result the council is considenng
a moratorium on new group homes
Actually a 1984 law required the
counties to draw up plans for alley'
ating the congestion of group homes
in the inner city but inner city legis
lators argue that the law his accom
plishcd little 'They re pushing for a
new bill that would set limit the
number of group home residents who
live in a particular city planning dis
tact It uIso would nullify zoning ,
controls that cities have over some ,
group homes
The current laws and proposed
changes are so complex that many
suburban officials aren t quite sure
what s happening to them Some fear
an eventu-il overconcentration of
homes similar to that now in south
Minneapolis
I feel it s our responsibility to be ,
sensitive to these needs but I do
have concerns that the same thing ,
not happen in the suburbs that is
happening in Minneapolis slid
Golden Valley Mayor Mary Ander
son
, i
Proponents of the new bill argue that r
a provision of it requiring such rest
dences to be spaced at least one
quarter mile 1part would keep that,
from hippening They also say sub-
urbs still would have controls over
unlicensed board and lodging homes
, in many of which neither treatme i
-1 nor supervision is required § 1
•
•
•
TO PLANNING COMMISSION
FROM PLANNING DEPARTMENT
DATE JANUARY 26, 1989
SUBJECT ZONING OF 11 ACRES OF LAND SINGLE FAMILY Rn IDENTIAL
CASE NO ZAM/89-2
BACKGROUND
A previous Comprehensive Plan Amendment, CPA/89-3, if approved, incorporated
the subject area into the City Comprenensive Plan District and designated the
County Office Building and open space ouffer To implement the Comprehensive
Plan, it is recommended that the area be zoned Single Family Residential, R-A
similar to the surrounding area This designation allows government buildings
with a Special Use Permit The existing government buildings across Panama are
in a Planned Unit Development and when this area is being planned for
development, a PUD Amendment may be appropriate depending on the plans
RECOMMENDATION
Approve Single Family Residential zoning for the 11 acre area (Resolution)
ATTACHMENT
- Proposed zoning map
- Resolution
o tis
CEMETERY UPPER63RD S`
I
14
I%
VACATED STREETS
MEM
� Ea_ AWiJ�YATI,,,4J
I c4st Ls/ -_-
J ire yr Ir Aft iput--#3.% L�
'
• 'ter NO
62 No s
COUNTY
COURT
REVISIONS
8Y GATE
S K IJ` 9 82
SK ,
83
rE l 14 84
2 •1
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ao
z 22es,
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DU?UOUE
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7 - �71
NTH
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r
- - - - e'; `.,t _r
�r
so+rr -"Tr, X
�. u'r'••••re
•
•
RESOLUTION ZAM/89-2
ZONING ORDINANCE MAP AMENDMENT (CHAPTER 31, SUBDIVISION 5)
ZONING 11 0 ACRES OF LAND SINGLE FAMILY RESIDENTIAL R-A
LOCATED DIRECTLY EAST OF PANAMA AVENUE
AND SOUTH OF 62N0 STREET AND EAST OF OXBORO AVENUE
WHEREAS, the Planning Commission has reviewed a request for a Comprehensive
Plan Amendment extending the municipal urban service and Comprehensive Plan
boundary to the subject area, and
WHEREAS, the Planning Commission has reviewed the Comprehensive Plan Amendment
with existing conditions, Land Use Policy, land development capabilities and
the availability of urban services, and
WHEREAS, the Planning Commission has determined that a Single Family
Residential designation is the appropriate land use for the area
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does approve and
recommend for City Council approval the zoning of the subject 11 0 acre of
land shown on Exhibit "A" as Single Family Residential R-A as consistent with
the policies of the Comprehensive Plan
Date
Secretary
Chairman, Planning Commission
_ - __ _ max - _- -- _
i r. �. }
4 - -
•
iliwater
11) THE BIRTHPLACE OF MINNESOTA
TO PLANNING COMMISSION
FROM STEVE RUSSELL, COMMUNITY DEVELOPMENT DIRECTOR
DATE FEBRUARY 9, 1989
SUBJECT OTHER ITEMS - ORDINANCES
In tne oacket you will find four ordinances
Condominium Conversion
Design Review
Bluffland/Shoreland
Central Business District
The Condominium Ordinance was discussed and recommended to
the Council at your January meeting The Design Review
Ordinance was a part of the Downtown Plan and implements the
Downtown Plan Review process The Bluffland/Shoreland
Ordinance amends the existing Bluffland/Snoreland provisions
of the Zoning Ordinance The existing ordinance is the Model
Washington County Ordinance and some of the terminology and
review procedures are not consistent with regular City
review procedures Also, the organization of the Ordinance
is confusing
Planning Commissioners should review the new Ordinance with
the existing Ordinance Section 31 03 of the Citj Zoning
Ordinance
A new Central Business District Ordinance is presented for
Commission review and discussion It is the first zoning
amendment to implement the Downtown Plan and would replace
tne two Industrial District Downtown and the CA Districts
If the Central 3usiness District Ordinance is acceptable, a
Public Hearing could be set on it for the March Planning
Commission meeting
CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121
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ORDINANCE NO 691
AN ORDINANCE AMENDING
THE ZONING ORDINANCE BY
AMENDING REGULATIONS
RELATING TO CONDOMINIUM CONVERSIONS
THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA DOES
ORDAIN
1 A new ordinance to be known as City Code Section 31 11, Condominium
Conversion Regulations, is hereby enacted to hereafter read as follows
31 11 CONDOMINIUM CONVERSION REGULATIONS
Subdivision 1
PURPOSE The conversion of residential structures from one ownership to
condominiums with multiple ownership interests create special community
problems both social and economic, relocation of tenants, the application of
current building and zoning code regulations for consumer -purchase protection,
the need for open space and the impact of such conversion on the general
character of the area of location, are representative of such special
problems The purpose of this section is to provide guidelines to evaluate
the problems and impacts any residential conversion may have on the community,
and to establish requirements which shall be Included in conversion approval
Subd 2
DEFINITIONS
The following words and phrases used in this Ordinance shall have the meanings
set forth below
11) Condominium Real estate, portions of which are designated for
separate ownership and the remainder of which is designated for common
ownership solely by the owners of the separate ownership portions Real estate
is not a condominium unless the undivided interests in the common elements are
vested in the units owners
(2) Conversion condominium A condominium containing a building which at
any time before the recording of the declaration creating a condominium under
Minnesota Statutes contained residential rental units
Subd 3
SPECIAL PERMIT REQUIRED
No residential condominiums conversion project shall be permitted in the City
of Stillwater unless and until a Special Use Permit has been applied for and
issued pursuant to and in accordance with the provision of the Stillwater City
Code, Chapter 31, Zoning
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Subd 4
SPECIAL USE PERMIT APPLICATION
In addition to such other application requirements as required by Chapter 31,
the application for condominium conversion shall include the following
(1) Twelve (12) copies of plans illustrating the following details shown
to scale
1 Site plan showing the location of buildings, parking areas,
circulation system, recreational facilities and open space
areas
2 Floor plans of each type of construction and landscape plans
3 Location, size and numbering of parking spaces to be used in
conjunction with each condominium units for residents and
guests
4 Number and kind of units within said rental dwelling or
building including
a Approximate square footage of each unit in said rental
dwelling or building,
b Number of bedrooms in each such unit,
c The amount of rent charged for each such unit during the
previous six months
d Number of persons residing in each such unit,
approximate age and length of occupancy,
e Vacancy rate of said rental dwelling or building during
the previous six month period
(2) Other information as necessary to fully evaluate the project
Subd 5
REVIEW CONSIDERATIONS
Use permits for condominium conversion projects may be approved subject to the
following considerations
(1) Condominium conversion shall not be allowed unless the building to be
converted complies in all respects with the requirements of the
Uniform Building Code, Uniform Fire Code and City of Stillwater
Housing Code Condominium conversion premises must be inspected by
the Building Inspector and certification of inspection prepared
describing what improvements are necessary to bring the structure(s)
into compliance with City Building Codes
(2) Off Street Parking - Compliance with off street parking requirements
as required by Chapter 31, Parking Requirements
Any special density bonuses or parking requirement approved by the
City for low and moderate income housing publicly assisted projects
shall be reviewed
(3) Recreational open space - Recreational facilities shall be reviewed
for its adequacy for the use
(4) Project Management - A project management plan for common areas
including landscaping, parking lots or garages, common hallways and
rooms shall be submitted for review
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(5) Impact on Rental Housing Supply - The effect of the conversion of the
rental project on the rental housing market shall be considered,
including impact on Stillwater regional fair share of rental housing
and housing need studies prepared by the Washington County Housing
and Redevelopment Authority
Subd 6
REASONS OF DENIAL
Determination that the project will adversely affect the public health, safety
and welfare of the community based on the above considerations
Subd 7
CONDITIONS OF APPROVAL
Approval of a proposed condominium conversion shall be conditioned to secure
purposes of this title Such conditions may include
(1) All improvements that are necessary to comply with present City
standards shall be required and completed prior to approval of the
final condominium plat
(2) A copy of the covenants, conditions and restrictions shall be filed
with the Community Development Director for review and approved
before final plat approval
(3) All provisions of the Minnesota Uniform Condominium Act Article 4,
Section 515A-110 regarding notification of tenants of conversion
shall be met On date of giving notice of conversion to tenant as
required by State Statutes, the applicant shall send, by United
States Mail, written notice of conversion to City Community
Development Director
PASSED BY THE CITY COUNCIL THIS /-1—Clc- DAY OF 27_,4, iF , 1989
424 aZa/-41/14-01----
/J Mayor
ATTEST
/ City Cler
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ORDINANCE
AN ORDINANCE ESTABLISHING THE DESIGN REVIEW COMMITTEE
AND DESIGN PERMIT REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA DOES
ORDAIN
1 A new ordinance to be known as City Code Section 31 01, Subdivision 27
(10), Design Review Permits, is hereby enacted to nereafter read as follows
(A) PURPOSE
The intent of design review is to secure the general purposes of the
Comprehensive Plan and Downtown Plan, to maintain the character and
integrity of neighborhoods and commercial districts by promoting
excellence of design and development, preventing traffic hazards,
providing adequate services and encouraging development in harmony with
its surroundings
(B) ESTABLISHMENT OF COMMITTEE
Design Review Committee is established The Committee shall consist of
not less than five members One member shall be a member of the Planning
Commission and two members from the Heritage Preservation Commission
Planning Commission and Heritage Preservation Commission members shall
serve on the Design Review Committee on a rotating basis, with the time
and duration of term to be determined by the chairman of the respective
commissions The remaining members of the Design Review Committee shall
be appointed by the City Council The City Council should make
appointments of members with architectural, engineering, construction or
landscape architectural experience
(C) REQUIRED WHEN
Design review is required for the following types of development or uses
in the design districts as follows
(1) Districts - Downtown Plan District
(2) Types of projects and uses
a New commercial structures
b New industrial structures
c New multiple dwellings and dwellings groups containing three or more
dwelling units
d Duplexes or two or more detached dwellings on one lot
e Structures intended for office use
f Commercial or industrial uses of land not involving a building
including outside storage loading or utility areas
g Accessory structures and uses except those accessory uses and
structures associated with a single family dwelling
h Any structure or use for which a variance, special or conditional
use permit is required
f
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i Any exterior remodeling and/or Site alteration with a value of
$5,000 00 or more to any existing commercial, office or industrial
building or structure
Any exterior remodeling that could clearly alter the arcnitectural
integrity of that structure, residential or commercial
k All signs requiring a sign permit in Design Review District
1 Any project where the applicant is a public agency over wnich the
City exercises land use controls
m Any project which requires an EIS or EAW
n Projects in the Bluffland/Shoreland District, including but not
limited to buildings, roads, bridges, docks, shoreline riprap, and
boat storage areas
o Any project which requires design review as a result of a specific
City action or as a result of a condition of prior approved project
p Parking lots of five or more spaces
q Modification to any use/structure originally requiring design
review
✓ Any PUD or subdivision
(D) APPLICATION
Application for design review shall be filed with the Community
Development Director on the prescribed form and include the following
(1) Preliminary site development plan including
(a) Parking and circulation areas
(b) Location of buildings
(c) Location and description signs
(d) Orientation of windows and doors
(e) Entrances and exits
(f) Open spaces
(g) Pedestrian circulation
(h) Adjacent buildings
(i) Drainage plan
(j) Lighting plan
(k) Sign plan
(2) Preliminary architectural drawings including
(a) Building elevations
(b) Preliminary floor plan
(c) Picture or drawing showing adjacent buildings) as appropriate
(d) Screening details
(3) Landscape Plan
(a) Plants and lawn areas
(b) Fences, walls, surface textures, screening material
(E) FEE
The application fee shall be established by City Council resolution
(F) REVIEW OF APPLICATION BY THE DESIGN REVIEW COMMITTEE
The Design Review Committee shall review all applications for development
as required by this Ordinance The Community Development Director shall
arrange with the applicant a time and place of meeting between the
applicant and committee The committee shall make reports and
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recommendations for each application to the Planning Commission and City
Counci 1
(G) CONSIDERATION IN REVIEW OF APPLICATION
The consideration of the Design Review Committee shall include, but not be
limited to
(1) Consideration relating to site layout
(a) The orientation and location of buildings and open spaces in
relation to the physical characteristics of the site, the
character of the neighborhood and the appearance and harmony of
the buildings with adjacent development
(2) Consideration related to architectural character
(a) The suitability of the building for the intended purpose
(b) The consistency of the applications design with approved design
guidelines
(c) The compatibility of the character of the design with adjacent
development
(3) Consideration relating to landscaping
(a) The location, height and material of walls, fences, hedges,
trees and screen plantings to ensure harmony with adjacent
development or to conceal storage areas, utility installations
or other unsightly development
(b) The planting of ground cover or otner landscape surfacing to
prevent dust and erosion
(c) The preservation of healthy mature trees
(d) Usable open space in terms of quantity and quality of
landscaping
(4) Consideration relating to outdoor advertising
(a) The number, location, color, size, height, lighting, and
landscaping of outdoor advertising signs and structures in
relation to the creation of traffic hazards and the appearance
and harmony with adjacent development,
(5) Consideration relating to traffic circulation, safety and congestion
(6) Consideration relating to drainage
(a) The effect of the site development plans on the adequacy of the
storm and surface water drainage to both the site and adjacent
property
(b) Connection with existing drainage system
(7) Consideration of the historical structures, vistas, sites and the
impact of development on these resources
(8) Special design guidelines for areas or districts of the City
officially adopted by the City Council
(H) CONDITIONS
The Planning Commission shall consider the recommendations from the Design
Review Committee and recommend the project for approval or disapproval to
3
the City Council The City Council shall make a final decision on granting
the design approval The granting of the design permit approval may
indicate such conditions as the Council deems reasonable and necessary to
carry out the intent of this chapter and the Zoning Ordinance
(I) FINDINGS AND DECISION
Upon finding by the City Council that the application, subject to any
conditions imposed will
(1) Secure the purpose of the Zoning Ordinance, Comprehensive Plan and
Special Area Plan
(2) Maintain the character and integrity of the neighborhood or commercial
district
The City Council shall approve design permits subject to such conditions as it
deems necessary or otherwise deny the application
(J) TIME LIMITATIONS ON APPROVAL
If any development for which design review has been granted is not
established within one year from the date of Council approval, the
approval shall be deemed automatically revoked unless extended in response
to written extension request by the City Council
(K) CONFORMANCE TO APPROVAL AND SITE SUPERVISION
The Community Development Director shall perform site supervision as a
part of the building permit procedure for which design permits have been
granted and the Community Development Director shall follow through to
ensure that all provisions and conditions of the design approval are
complied with
(L) REVOCATION
The City Council may, after holding a public hearing, revoke or amend a
design permit approval for either of the following reasons
(1) That the approval of the permit was based on false information
submitted by the applicant,
(2) That the permit is being exercised contrary to the terms or
conditions of approval or in violation of the Zoning Ordinance
PASSED BY THE CITY COUNCIL THIS DAY OF , 1989
ATTEST
City Clerk
Mayor
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ORDINANCE
ORDINANCE AMENDING RIUERWAY BLUFFLAND/SHORELAND ORDINANCE
OF THE STILLWATER CITY CODE 31 03
Subdivision 1 PURPOSE This Ordinance is adopted for the purpose of
(1) Designating suitable land use districts along the bluffland and
shoreland of the Lower St Croix River
(2) Regulating the area of a lot, and tne length of bluffland and water
lot frontage suitaole for building sites
(3) Regulating the setback of structures and sanitary waste treatment
facilities from blufflines to protect the existing and/or natural scenic
values, vegetation, soils, water, and bedrock from disruption by man-made
structures or facilities
(4) Regulating the setback of structures and sanitary waste treatment
facilities from snorelines to protect the natural scenic value, floodplain,
and water quality
(5) Regulating alterations of the natural vegetation and topography
(6) Conversing and orotecting the natural scenic values, historical and
cultural resources of tne river valley and maintaining a hign standard of
environmental quality consistent with the National Scenic Rivers Act (PL
90-542 and Lower St Croix Act (PL 92-560) and Master Plan, and with
Minnesota Department of Natural Resources Standards and Criteria for the
Lower St Crroix National Scenic Riverway (NR6105 0351 to 6105 0550)
Subd 2 DEFINITIONS
(1) Construction
(A) In the event of conflicting provisions in the text of this
Ordinance, and/or otner Ordinances, the more restrictive provision
shall apply, The Community Development Director shall determine
which is more "restrictive" and appeals from such determination
may be made by the City Council
(B) Words used in the present tense include the past and future tense,
tne singular number includes the plural and the plural includes the
singular, the word "shall" is mandatory, the word "may" is
permissive
(C) The provisions of this Ordinance are in addition to and not in
replacement of otner provisions of the Zoning Ordinance Any
provision of the Zoning Ordinance relating to the Lower St Croix
Riverway shall remain in full force and effect except as they may
be contrary to the provisions of this Ordinance
1
(D) Unless otherwise specified, all distances shall be measured
horizontally
(2) Definitions For the purpose of this Ordinance, certain phases and
words are hereby defined as follows
(A) "Accessory Use" means a use subordinate to and serving the
principal use on the same lot and customarily incidental thereto
(B) "Appurtenance" means a structure subordinate to and serving the
principal structure on the same lot and customarily incidental
thereto such as garages, decKs, essential services, signs, docks,
and stairways and lifts, except that appurtenance does not include
private water supply and sewage and waste disposal systems plow the
ground
(C) "Bluffline, Riverway" means a line along the top of a slope in tne
Riverway District connecting the points at wnich the slope,
proceeding away from the river or adjoining watersned channel,
becomes less than 12% and it only includes slopes greater than 12%
visible from the river or any water course tributary to the river
The location of the bluffline for any particular property shall be
certified oy a registered land surveyor or the zoning
administrator Aore tnan one bluffline may be encountered
proceeding away from the river or adjoining watershed channel All
setbacks required herein shall be applicaole to each oluffline
(D) "Building Line" means a line measured across tne widtn of tne lot
at tne point where tne principal structure is placed in accordance
with setback provisions
(E) "Channel" means a natural or artificial depression of perceptible
extent witn a definite bed and banks to confine and conduct flowing
water either continuously or periodically
(F) "Commissioner" means the Commissioner of Natural Resources
(G) "Conservancy" means the practice or implementation of policies for
the protection and preservation of the natural character of lands
for tneir value to scenic enjoyment, wildlife, water and soil
conservation, flood plain management, forestry, and other such
purposes
(H) "Dwelling Unit" means a residential accommodation which is
arranged, designed, used, or intended for use exclusively as living
quarters for one family
(I) "Harbor" means a portion of body of water along or landward of tne
natural shoreline deep enough for recreational watercraft
navigation, and so situated with respect to shoreline features as
to provide protection from winds, waves, ice, and currents Natural
harbors consist of bays and estuaries, while artificial harbors are
constructed by dredging
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(J) "Marina" means an area of concentrated small craft mooring, where
ancillary facilities may be provided for some or all of such
services as fueling, sewage pumpout, boat launching, boat repair,
and boat storage, except that marina does not mean temporary docks
associated with riparian residential development if the mooring
area is of a size not to exceed the resource limitations of the
site and the needs of the residents of the development
(K) "Non -Conforming Use" means any use of land legally established
before the effective date of tnis Riverway Bluffland/Snoreland
Ordinance which does not conform to the use restrictions of a
zoning district use regulations
(L) "Ordinary Hign Water Mark" means a mark delineating the Highest
water level which nas been maintained for a sufficient period of
time to leave evidence upon the landscape The ordinary high water
mark is commonly that point where the natural vegetation cnanges
from predominantly aquatic to predominantly terrestrial IN areas
where tne ordinary high water mark is not evident, setbacks shall
be measured from the stream bank of the following water bodies that
have permanent flow or open water, the main channel, adjoining side
channels, backwaters, and sloughs
64) "Riverway Boundary" means a legally descrioed line delineating tne
landward extent of the St Croix Riverway subject to tnese
regulations, City Code 31 03
(N) "Scenic Easement" meals an interest in land, less tnan fee title,
that limits the use of the land for the purpose of protecting the
scenic, recreational, and natural characteristics of areas in tne
St Croix 2iveriay Unless otherwise expressly and specifically
provided by mutual agreement of the parties, the easement shall be,
perpetually held for tne benefit of the people of Minnesota,
specifically enforceable by its holder or any beneficiary, and
binding on the holder of the servient estate, his heirs successors,
or assigns Unless specifically provided by the parties, no such
easement shall give the holder or any beneficiary the right to
enter on the land except for enforcement of the easement
(0) "Screening" means existing or planted vegetation or topography
which mazes any structure on any property visually inconspicuous in
summer montns as viewed from the river
(P) "Setback" means the minimum horizontal distance between any part of
a structure and the ordinary nigh water mark or a bluffline In
areas Mere tne ordinary high water mark is not evident, setbacks
shall be measured from the stream banK of the following water
bodies that have permanent flow or open water the main channel,
adjoining side channels, backwaters, and sloughs
(Q) "Slope" means all lands between the ordinary high water mark and
the riverway boundary having an angle of ascent or descent of more
than 12% (percent) from the horizontal
3
(R) "St Croix Riverway" means all lands and public waters within the
riverway boundary subject to these regulations
(S) "Structure" means any building or appurtenance thereto, including
garages, decks, docks, and stairways, Except transmission services
(T) "Substandard Structure" means any structure legally established
before the effective date of the Bluffland and Shoreland Ordinance
which does not meet the structure Setbacks or other dimensional
standards of the Ordinance
(U) "Variance" means any modification or variation of the dimensional
standards, or other requirements of the Bluffland and Snoreland
Ordinance where it is determined that, because of hardships, strict
enforcement of the Ordinance is impractical
(V) "Visually Inconspicuous" means difficult to see or not readily
noticeable in summer months as viewed from the river
(W) "Watercourse" means a channel in which a flow of water occurs
either continuously or intermittently The term applies to either
natural or artificially constructed channels
(X) "Wetlands" means land which is annually subject to periodic or
continual inundation by water and commonly referred to as a bog,
swamp, marsh, or slough
Subd 3 DESIGNATION OF DISTRICTS
(1) For the purpose of protecting the natural resources and natural scenic
values of the land within the boundaries of the Lower St Croix Riverway
the following districts snall be established
(2) The boundaries of the Lower St Croix Riverway and the urban district
wits sewer and water service and urban district without sewer and water
include all of the land riverward of the legally described Riverway
boundary contained in the official copy of the Lower St Croix National
Scenic Riverway Master Plan and as shown on the map designated as Riverway
Boundary, "Exhibit A"
(3) Tne boundaries of the Lower St Croix Riverway zoning districts are
designated on the map marKed as the Riverway Boundary "Exnibit A" and
attached hereto and made a part of the City of Stillwater official Zoning
Map
Subd 4 USE STANDARDS
(1) Purpose The purpose of estaolishing standards for uses in the Saint
Croix Riverway shall be to protect and preserve existing natural, scenic,
and recreational values, to maintain proper relationships between various
land use types
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(2) Permitted Uses All structures associated with the following uses are
permitted um the Saint Croix Riverway subject to the dimensional
requirements of a the Bluffland/Shoreland Ordinance
(A) conservancy,
(B) agriculture,
(C) single-family residential
(D) governmental highway waysides, rest areas, information areas,
parks and scenic overlooks, and
(E) governmental resource management and interpretive activities
(3) ACCESSARY USES IN GENERAL All apprutenances associated with
and customarily incidental to permitted uses
(4) CONDITIONAL USES
(1) Conditional uses are uses which normally are not permitted in the urban
districts of the St Croix Riveraay unless it is determined by the
City Council, after a public hearing, that the proposed use shall
(A) Preserved the scenic and recreational resources of the St Croix
Riverway, especially in regard to the view from and use of the
river
(B) Maintain safe and healthful conditions
(C) Limit erosion and potential of the site based on degree and
direction of slope, soil type, and vegetative cover
(2) Conditional use must meet, in addition to the dimensional and other--
requirernents, the following standards
(A) The proposed use is consistent with the City Comprehensive and Area
Plans and complimentary to the existing and adjacent land uses
(B) The side and front setback requirements of the local zoning
ordinance
(C) A par'<ing layout and site plan which provides on -site or off-street
parking spaces for all employees of the project, an exclusive area
for loading docKs wnere required oy local ordinance, and off-street
customer parking spaces as required by local ordinance
(D) An on -site grading and surface water run-off plan for the site
which minimizes soil erosion and degrading of surface water
quality
(E) A landscaping plan for the site is illustrated which minimizes the
visual impact of the proposed project as viewed from the river and
which visually screens all parking areas from the river The
applicant shall provide the Community with a performance bond for
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the cost of all landscaping to insure compliance with the
landscaping plan
(F) The project meets all zoning and subdivision requirements
(G) The project requires no alteration or fill of the shoreline,
bluffland, or floodway
(H) No lighted or flasning signs shall face riverward
(3) The following listed Urban District Conditional Uses are considered
Conditional Uses
(A) All lawful businesses, including supermarkets
(B) Manufacture of baked goods, provided not more tnan five perons are
employed in such business
(C) Department stores
(D) Establishment for the sale of china, floor covering, hardware,
furniture,household goods and appliances, paint, +iallpaper,
materials and objects of interior decorating
(E) Establishment for the sale of books, magazines, newspapers, tobacco
products, drugs, flowers, gifts, music, photographic supplies,
sporting goods, stationery and the like
(F) Eating places such as lunchrooms, restaurants and cafeterias and
places for the sale and consumption of soft drinks, juices, ice
cream and beverages of all kinds, but excluding "drive-in"
establishments
(G) Service establishments such as barber or beauty shops, custom
tailors, laundry agencies and self service laundries, laundries,
shoe repair shops, dry cleaning, pressing or tailoring shops,
printing shops, radio and television stations, telepnone exchanges
and the like
(H) Business and professional offices and office buildings
(I) Hotels and motels
(J) Funeral homes and mortuaries
(K) Automotive sales, service and storage, excluding gasoline filling
stations
(L) Transportation stations and terminals
(M) Amusement and recreational establishments such as armories,
assembly halls, bowling alleys, dance halls, pool and billiard
parlors, skating rinks and other social, sport or recreational
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centers operated as a business, provided the place or building in
which it is operated is sufficiently sound -insulated to effectively
confine the noise to the premises
(N) Marinas subject to the requirements of Subdivision 12
(0) Office display or sales space of a wholesale jobbing or
distribution establishment not specifically mentioned as permitted
only in a less restricted district, in connection with which not
more than 25% of the floor area of the building, or part thereof,
occupied by said establishment is used for making, assembling,
remodeling, repairing, alte-ing, finishing or refinnsning its
products or merchandise, and provided that
(1) Any resulting cinders, dust, fumes, noie, odors, refuse
matter, smoke, vapor or vibration is effectively confined to the
premises
(2) The ground floor premises facing upon and visible from a major
street upon which the premises abut shall be used only for
entrances, office or display
(P) Any other building, use or service similar to those hereinbefore
listed in the type of services or goods sold, in the number of
persons or vehicles to be attracted to the premises or in the
effect upon adjacent areas
(Q) Any accessory use customarily incident to a use authorized by this
Subdivision, except that no use specified in City Code 31 01,
Subd 20 and 21 as prohibited, or permitted only by special permit,
in an industrial district shall be permitted as an accessory use
Subd 5 PROHIBITED USES Tne following uses shall be prohibited in all
districts
(A) sand and gravel operations,
(B) junkyards,
(C) mobile home parks,
(D) downhill ski areas,
(E) advertising sign visible from the river ,
(F) all uses not authorized in this Shoreland/Bluffland Ordinance
Subd 6 NON -CONFORMING USES Prohibited uses legally in existence prior to
the effective date of adoption of the Riverway Snoreland and Bluffland
Ordinance are nonconforming uses Such uses can be maintained but shall not be
enlarged or expanded
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Subd 7 DIMENSIONAL STANDARDS AND OTHER REQUIREMENTS
(1) Purpose The purpose of establishing dimensional standards and criteria
in the Saint Croix Riverway shall be to protect riverway lands by means of
acreage, frontage, setback and height requirements on development Specific
objectives shall be to maintain the esthetic integrity of the Saint Croix
Riverway's dominant natural setting, to reduce the adverse effects of
poorly planned shoreland and bluffland development, to provide sufficient
space on lots for sanitary facilities, to minimize flood damage, to prevent
pollution of surface and ground water, to minimize soil erosion, and to
provide a natural buffer between the river and developed areas
(2) Minimum Dimensional Requirements
(A) The following chart sets forth the minimum area, setbacks, and
otner dimensional requirements of each district
URBAN DISTRICT
WITHOUT
SEWER AND WATER
(1) Minimum lot size above ordinary high water mark 1 acre
(2) Lot widtn at building setback line 150 feet
(3) Lot width at water line 150 feet
(4) Structure setback from ordinary high water mark 100 feet
(5) Structure setback from bluffline 40 feet
(6) On -site sewage treatment system setback from
ordinary high water mark 100 feet
(7) On -site sewage treatment system setback from
blufflane 40 feet
(8) Maximum structure height 35 feet
(9) Maximum total lot area covered by impervious
surface
10) On slopes less than 12%, the controlled
vegetative cutting areas setback are from
ordinary high water mark
blufflines
20% (8,700
sq ft )
URBAN DISTRICT
WITH PUBLIC
SEWER AND WATER
20,000 sq ft
100 feet
100 feet
100 feet
40 feet
35 feet
20% (4,000
sq ft )
100 feet 100 feet
40 feet 40 feet
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(3) OTHER REQUIREMENTS
(A) Slopes Structures shall not be permitted on slopes greater than 12
percent, with the exception of stairways and lifts The physical
alteration of slopes shall not be permitted for the purpose of
overcoming this limitation
(B) Floodplain New structures shall meet the floodway requirements as
defined in the Flood Plain Ordinance 31 07
(C) Color of structures The exterior color of new structures, including
roofs, shall be of eartn or summer vegetation tones, unless completely
screened tram the river by topography
(D) Sewage disposal Shall meet requirements or Subdivision 11
(E) Vegetative cutting
(i) Permit required 0n lands 100 feet of the ordinary high water rnarK
or feet landward of blufflines tnere shall be no vegetative cutting of
live trees or shrubs without a permit A permit may be issued only if
(A) the cutting, including topping, involves trees less than six
inches in diameter at breast height,
(B) the cutting, including topping involves vegetation wnich is not
screening any structure from view from the river, and
(C) the essential character, quality, and density of existing growths
is preserved and continuous canopy cover is maintained, or
(D) tie trees, or trees diseased, and their removal is in the public
interest, or
(E) the cutting is necessary for the maintenance of transportation
lines or utility rights -of -way
(ii) Permit not required A vegetative cutting permit is not required
for the following, however, the vegetative cutting shall be accomplished
in such a manner that the essential character, quality, and density of
existing growths is preserved and continuous canopy cover is maintained
to the maximum extent as viewed from the river
(A) clearing the minimum area necessary for a structure, sewage
disposal system, and private road and parking area, undertaken
pursuant to a validly issued building permit,
(B) maintenance trimming or pruning on any particular property or in
transportation or utility rights -of -way,
(C) vegetative cutting in areas of the Saint Croix Riverway not
covered under subpart 4, provided that the cutting, including
topping, involves vegetation which is not screening any structure
from view from the river
9
(F) Grading and filling
(i) Grading, filling, excavating, or otherwise changing the
topography landward of the ordinary high watermark shall not be
conducted without a permit from the local authority A permit may
be issued only if
(A) slopes greater than 12 percent are not altered where erosion
and visual scars may result,
(B) earth moving, erosion, vegetative cutting, draining or
filling of wetlands, and the destruction of natural amenities is
minimized,
(C) the smallest amount of ground is exposed for as short a time
as feasible,
(D) temoorary ground cover, such as mulch, is used and permanent
ground cover, such as sod, is planted,
(E) temporary and permanent methods to prevent erosion and trap
sediment are employed, and
(F) fill is stabilized to accepted engineering standards
(ii) permit not required A separate grading and filling permit is
not required for grading, filling, or excavating tne minimum area
necessary for a structure, sewage disposal system, and private road
and parking area undertaKen pursuant to a validly issued building
permit However, the standards and criteria of subpart (ii) shall
be required as conditions of the building permit
Subd 8 Exceptions to tne minimum setback requirements include the following
(1) Where a substandard setback pattern from the ordinary nigh water mark or
a bluffline has already been established by existing principal dwelling
unit structures on adjacent lots on botn sides of the proposed building
site, the setback of the proposed structure snall be the average setback
of the existing dwelling units plus at least forty (40) feet, or the
required minimum setbacks of the underlying zoning district, whichever
distance is less from the average setback line This exception shall
apply only to substandard lots wnich do not meet the minimum lot width
requirements of part Subdivision 7
(2) Developments subject to state permits which provide services to the
public and which, by their nature, require location on or near public
waters shall be subject to the conditions of the state permits as
provided in parts NR 6105 0390 and 6105 0410to 6105 0440
(3) Temporary docks may be allowed as approved by federal, state, or local
governments to extend into the water the minimum distance necessary to
facilitate tne launching or mooring of watercraft during the open -water
season
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(4) Signs may be allowed as approved by federal, state, and local
governments which are necessary for the public health and safety Signs
may also be allowed that indicate areas that are available or not
available for public use Outside the minimum setbacks within the Saint
Croix Riverway, signs that are otherwise lawful are permitted, provided
they will be visually inconspicuous in summer months as viewed from the
river
(5) Stairways and lifts to enable access from bluffland properties to the
water on steep slooes may be allowed by the local authority, provided
the disruption of vegetation and topography is kept to a minimum and the
structure will oe visually inconspicuous in the summer months as viewed
from the river
Subd 9 SUBSTANDARD LOTS Lots recorded in the office of the County Register of
Deeds prior to May 1, 1974, that do not meet the requirements of Subdivision 7,
may be allowed as building sites when
(1) The proposed use is permitted in the zoning districts,
(2) The lot has been in separate ownership from abutting lands since May 1,
1974, and
(3) It can be demonstrated that a proper and adequate sewage disposal system
can be installed in accordance with the provisions of Subdivision 11,
and,
(4) Tne dimensional standards of the Bluffland and Shoreland Ordinance are
complied with to the greatest extent practicable
Subd 10 SUBSTANDARD STRUCTURES All structures legally in existence prior to
the effective date of adoption of the Bluffland and Snoreland Ordinance that
do not meet the structure or sewage treatment system setbacks requirements or
other dimensional standards of the ordinance are considered substandard
structures and shall be subject to the following conditions
(A) Substandard structures that are non -conforming uses shall not be
enlarged or expanded
(B) Substandard structures and substandard sanitary facilities shall be
allowed to continue
(C) In no instance shall the extent to which a structure or sanitary
facility violates a setback standard oe increased
(D) An extension, enlargement, or alteration of an existing substandard
structure may be permitted on the side of the structure or facility
facing away from the river or blufflane
(E) Any extension, enlargement, or alteration of a substandard
structure which increases the Horizontal or vertical riverward
building face shall not be allowed unless it can be demonstrated
that the building face increase will be visually inconspicuous in
summer months as viewed from the river
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(F) If a substandard structure needs replacing due to destruction,
deterioration, or obsolescence, such replacement shall comply with
the dimensional standards of this Ordinance
Subd 11 SEWAGE DISPOSAL Any premises intended for human occupancy must be
provided witn an adequate method of sewage disposal subject to the following
items,
(1) Public collection and treatment facilities must be used where available
and where feasible
(2) Where public or municipal facilities are not available, all on -site
individual sewer disposal systems shall conform to tne minimum standards
as set forth in Regulations of the Department of Health and Minnesota
Pollution Control Agency
(3) A septic tank/drainfield system shall be the only acceptable system for
installation unless it can be demonstrated that this system is not
feasible on the particular lot in question and it can be demonstrated
tnat the system being proposed as an alternate will not cause a
pollution problem
(4) No person, firm, or corporation shall install, alter, repair, or extend
any individual sewer disposal system without first obtaining a permit
therefore from tne Community Development Director for the specific
installation, alteration, repair, or extension
Subd 12 MARINAS
(1) New and or expanded marinas may only be allowed
(A) Between the Boomsite Highway Wayside and the City of Stillwater
(B) Downstream from the northern City limits of Stillwater in urban
districts
(2) New marinas shall meet tne design standards of Natural Resources Regulations
including NR 6105 0410, Subpart 2
(3) Permit requirements No construction or development associated with a marina
shall begin until all of the following authorizations have been obtained by the
applicant
(A) Marinas shall be a Conditional Use in this Ordinance
(B) For uses and structures above tne ordinary high water mark associated
with a marina, a public hearing shall be held by the City Council to
consider a marina as a conditional use in accordance with Department of
Natural Resources Regulations including NR 6105 0530 The City Council
may approve or deny the marina on said standards of the Department of
Natural Resources If the governing body approves the marina, final
issuance of the local permit shall be conditioned upon granting of all
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State and Federal permits required in Department of Natural Resources
Regulations including NR 6105 0410
Subd 13 ALTERATIONS IN PUBLIC WATERS
(1) Changing the course, current, or cross section of public waters shall
require State and Federal permits as specified in NR 6105 0420 before any local
permits may be issued
Subd 14 TRANSMISSION SERVICES
(1) A permit from the Commissioner i5 required pursuant to Minnesota Statutes,
Sections 84 415 or 105 42 before transmission services may cross state-owned
lands or public waters and shall be in accordance with the Natural Resources
Regulations including NR 6105 0430
Subd 15 PUBLIC ROADS
(1) A permit from the Commissioner of Natural Resources is required before
construction, reconstruction, removal, or abandonment of any road or railroad
crossing of public waters within the Riverway Said permit shall be in
accordance with the Natural Resources Regulations NR 6105 0440
Subd 16 SUBDIVISIONS
(1) Land Suitability
(A) No land shall be subdivided which is found by the governing body to oe
unsuitable for reason of flooding, inadequate drainage, soil and rock
formations with severe limitations for development, severe erosion
potential, unfavorable topography, inadequate water supply or sewer
disposal capabilities or any other feature likely to be harmful to the
health, safety, or welfare of the future residents of the proposed
subdivision or the community The City Council in applying the
provisions of tnis section shall in writing cite the particular features
upon which it bases its conclusions that the land is not suitable for
the proposed use and afford the subdivider an opportunity to present
evidence regarding such suitability at a public hearing Thereafter, the
governing body may atfirm, modify, or withdraw its determination of
unsuitability
(2) Preliminary Plans
(A) Preliminary plans for all plats, including planned cluster developments
shall be approved by the Commissioner or nis agent in writing prior to
preliminary approval by the City Council
(B) All subdivisions shall comply with the applicable provisions of the City
of Stillwater Subdivision Ordinance No 492 as amended
(3) PLANNED CLUSTER DEVELOPMENTS
(A) A pattern of subdivision development which places dwelling units into
compact groupings may be allowed when the proposed clustering provides a
13
better means of agricultural land, open space, woods, scenic views,
wetlands, and other features of the natural environment than traditional
subdivision development Except for minimum setbacks and height limits,
altered dimensional standards may be allowed as exceptions to this
Ordinance for planned cluster developments, provided
(1) In urban districts of this Ordinance and only where public sewer and
water will be installed in the proposed cluster development, the number
of dwelling units shall not exceed fifty percent (50%) more than the
total number of dwelling units allowed if the development was based
on the minimum lot size requirements for single family residential
subdivision
(2) Open space shall be preserved At least fifty percent (50%) of the
length of shoreland or bluffland frontage as viewed from the river shall
be kept in its natural state
(3) Temporary docks, if allowed, shall be centralized and of a size not
to exceed the needs of the residents of the development
Subd 17 ADMINISTRATION
(1) Administrative Procedure
(A) In addition to the applicable administrative procedures set tortn in
City Code 31 01, Subdivision 27 of the Zoning Ordinance, the following
procedures shall be implemented with resoect to land, subject to this
Ordinance
(1) A public hearing shall be held for all zoning district amendments,
conditional use permits, planned unit developments, subdivisions, and
variances
(2) No less than twenty (20)days prior to the public hearing, the
Community Development Director shall send notice and copies of the
applicants information as specified in Subdivision 17 (6) to the
following agencies for review and comment
(i) Department of Natural Resources
(ii) Minnesota/'Wisconsin Boundary Area Commission
(B) The applicant for any permit requiring a puolic hearing shall submit to
the Community Development Director at least thirty (30) days prior to
such hearing, an abstractors certificate showing the names and addresses
of all property owners within 350 feet of the affected property, and any
local governments, within two (2) miles of the affected property
(C) Notice of the purpose, time, and place of such public hearing shall be
mailed to all property owners and local governments listed in
Subdivision 17 (17) (B) at least ten (10) days prior to the date of the
hearing
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•
(D) Notice of the purpose, time, and place of any such public hearing shall
be published in the official newspaper of the affected communities at
least ten (10) days prior to the date of the hearing
(2) Certification of the Commissioner of Natural Resources
(A) Before any zoning district ordinance amendment or variance becomes
effective, the governing body shall forward the decision to the
Commissioner The Commissioner shall certify in writing that the
proposed action complies with the intent of the Wild and Scenic Rivers
acts and the Master Plan for tne Lower St Croix River within thirty
(30) days of receipt of final decision in tne manner specified in
Department of Natural Resources Regulations NR 6105 0540
(3) Forwarding a Final Decision
(A) The City Clerk shall forward decisions within ten (10)days of final
action on all conditional use permits planned unti developments, and
subdivisions to the Commissioner of Natural Resources
(4) Permit Process
St Croix Riverway Ordinance Permits Urban District
District
Building Permits LP
Septic Permits LP
Grading Permits LP
Tree Cutting Permits LP
Conditional Use Permits PH - FD
Amendments to Ordinance PH - WA - CC
Amendments to District Boundary PH - WA - CC
Plats and Cluster Developments PH - WA - FD
Variances PH - WA - CC
LP - Permit issued by the local authority in accordance with this Ordinance and all
other local permits
CC - Certification by the Commissioner of Natural Resources prior to final local
approval
PH - Public hearing necessary by the local authority giving twenty (20) days notice
of meeting to the Commissioner of Natural Resources and other agencies listed in
Subdivision 17 (1) (B)
FD - Local authority forwards any decisions to the Commissioner of Natural
Resources within the (10) days after taking final action
WA - The Commissioner of Natural Resources shall submit, after notice of public
hearing and before the local authority gives preliminary approval, a written review
and approval of the project
(5) Variances
(A) Variances shall only be granted where there are particular hardsnips
which make the strict enforcement of this Ordinance impractical
Hardship means the proposed use of the property and associated
structures in question cannot be established under the conditions
allowed by this Ordinance, the plight of the landowner i5 due to
circumstances unique to his property, not created by the landowners
after May 1, 1974, and the variance, if granted, will not alter the
essential character of the locality Economic considerations alone
shall not constitute a hardship for the reasonable use of the property
and associated structures under the conditions allowed by this
Ordinance In addition, no variance shall be granted that would permit
any use tnat is prohibited in this Ordinance in which the subject
property is located Conditions may be imposed in the granting of a
variance to insure compliance and to protect adjacent properties and the
public interest, especially in regard to the view from the river
(B) The formal public hearing for a variance shall be held by the City
Council as set forth in the Zoning Ordinance
(6) Requirements of the Applicant for a Public Hearing
(A) The applicant shall submit sufficient copies of the following
information and additional information as request to the Community
Development Director thirty (30) days prior to the public hearing on the
application for a conditional use, variance, planned unit development,
or subdivision
(1) Plat of survey showing the property location, boundaries,
dimensions, elevations, blufflines, utility and roadway corridors, the
ordinary high water marK, floodway, and floodplain
(2) The most recent aerial photo of the property with property lines
drawn in
(3) Location of existing and proposed structures including height and
setback dimensions
(4) Location of existing and proposed alterations of vegetation and
topography
(5) Adjoining water -oriented and other uses
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(6) Suitability of the area for on -site waste disposal Type, size, and
location of the system shall be indicated If a public or municipal
wastewater collection and treatment system is to be utilized, the
applicant must submit a written agreement from the City indicating that
the system has the capacity to handle the development
(7) An estimate of permanent and transient residents
(7) Factors to be considered
(A) When considering a conditional use permit, variance, subdivision,
proposal or zoning amendment within Shoreland and Bluffland District,
the City shall address the following items in making its decisions
(1) Preserving the scenic and recreational resources of the St Croix
Riverwaj, especially in regard to the view from and use of the
river
(2) The maintenance of safe and healthful conditions
(3) The prevention and control of water pollution, including
sedimentation
(4) The location of the site with resoect to floodways, slopes, and
blufflines
(5) The erosion potential of the site based on degree and direction
of slope, soil type, and vegetative cover
(6) Potential impact on game and fish habitat
(7) Location of the site with respect to existing or future access
roads
(8) The amount of wastes to oe generated and the adequacy of the
proposed disposal systems
(9) The anticipated demand for police, fire, medical, and school
services and facilities
(10) The compatibility of the proposed development with uses on
adjacent land
Subd 18 ENFORCEMENT
A Enforcement
(1) It is declared unlawful for any person to violate any of the terms and
provisions of this Ordinance Violation thereof shall be a misdemeanor
Each day that a violation is permitted to exist shall constitute a
separate offenses
17
(2) In the event of a violation or a threatened violation of this Ordinance,
the City Council, or the Commissioner of Natural Resources, in addition to
other remedies, may institute appropriate actions or proceedings to prevent,
restrain, correct, or abate such violations or threatened violations and it
is the duty of the City Attorney, or State Attorney General, to institute
such action
B Separability
(1) It is hereby declared to be the intention that the several provisions of
this Ordinance are separable in accordance with the following
(A) If any court of competent jurisdiction snall adjudge any provision
of this Ordinance to be invalid, sucn judgment shall not affect any
other provisions of this Ordinance not specifically included in said
judgment
(B) If any court of competent jurisdiction shall adjudge invalid the
application of any portion of this Ordinance to a particular property,
building, or other structure, such judgment shall not affect the
application of said provision to any other property, building, or
structure not specifically included in said judgment
(C) Nothing contained in this Ordinance repeals or amends any Ordinance
requiring a permit or license to engage in any business or occupation
PASSED BY THE CITY COUNCIL THIS
DAY OF , 1989
ATTEST Mayor
City Clerk
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18
-�1-87
ter =occac�� ate= \ISIT
14. I /1//
/l ver way nd etl
i
CENTRAL BUSINESS DISTRICT
Purpose To provide a district for general community commercial, office and
entertainment uses
Principal Permitted Uses and Buildings
The following uses are permitted uses
- Administrative, executive and financial offices
- Medical and dental offices
- Business and tecnnical schools
- Schools and studios for arts and crafts
Photography, music and dance
- Professional, editorial, real estate, insurance and other offices
- Stores, shops, general retail and offices supplying commodities and
performing services for city residents and surrounding communities such
as department stores, specialty and antique snops, oanks, business
offices and other financial institution and personal services,
enterprises such as oarber and beauty shops, laundry and clothes
cleaning establishments
Manufacturing of baked goods
Estaolishments selling china, floor coverings, hardware, furniture,
household goods and appliances, paint, paint wallpaper and material and
objects of interior decorating
- Clubs and lodges
Permitted Special Use with Special Use Permit
The following uses are permitted by Special Use Permit
Commercial recreational uses
- Restaurants, cafes and other food service establishments
- Private parking facilities for more than five cars
- Temporary structures
Commercial, recreational and entertainment
- Residences of all classifications
- Printing and publishing or lithographic shoos
- Supermarkets
Drive-in restaurants, eating places or any other use involving a
drive-in or drive -through activity
Funeral nomes and mortuaries
Transportation stations, terminals and facilities
- Public utility transmission lines and facilities
- Outside eating establishments
Outside entertainment
Helipods
- Service stations or fuel sales _ _
Outside sales
Hotels, motels or other uses providing visitor overnight accommodations
Clean light industrial-compatability with surrounding areas
Use Determination t
A Special Use Permit may be required when any other use or service
establishment determined by the Planning Commission to be the -same general
character as the foregoing uses and which will not impair the present or
potential use of adjacent properties may be permitted
L
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General Regulations
A Height of buildings
B Minimum lot area
C Setbacks
Exceptions
front
- rear
side
- maximum
- minimum
- infill
- lot coverage
- landscaped area -minimum
4 stories 50 feet
2 stories 25 feet
within 10% of height of adjacent
building
10,000 square feet
15 feet
20 feet
20 total for two sides
0-20')
80% of lot area
20% of lot area
(10'-10' or
For infill lots, the front, side, rear setback shall be
similar to the setback for the adjacent lots
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Proposed Zoning I I M P I .'