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1996-08-12 CPC Packet
Variance/Conditional Use IIIII IIIII II I I III III II I IIIII II II I IIII III II I IIII III II I IIIII II II I IIII III N I IIII III IINI IIII Variance THE BIRTHPLACE OF MINNESOTA PLANNING COMMISSION CITY OF STILLWATER 216 NORTH FOURTH STREET NOTICE OF MEETING The Stillwater Planning Commission will meet on Monday, August 12, 1996, at 7 p m in the Margaret Rivers Room at the City Public Library, 223 North Fourth Street Approval of Minutes of July 11, 1996 AGENDA 1 Case No SUP/96-46 A special use permit for the placement of two signs located at Orleans Street and Cottage Drive in the RA, One Family Residential District Ed Bieging, applicant 2 Case No V/96-47 A variance to the sign ordinance to replace an existing sign face located at 2289 Croixwood Blvd in the CA, General Commercial District Identi Graphics, applicant 3 Case No V/96-48 A variance to the front yard setback, (15 feet required, 3 feet requested) to install a sign at 13147 McKusick Road North in the RA, One -Family Residential District Beltram Van Tassel, applicant 4 Case No V/96-49 A variance for the extension of the canopy at Food-n-Fuel located at 1101 North Owens Street in the CA, General Commercial District Bruce Madsen, applicant 5 Case No V/96-50 A variance to the sign ordinance to place a sign on the property located at 614 West Mulberry Street in the RB, Two Family Residential District Richard Houde, applicant 6 Case No SUP/96-51 A special use permit for a graphic design sign for the building located at 301 South Second Street in the CBD Central Business District Mark Balay, applicant 7 Case No SUP/96-52 A special use permit for a building addition to house therapy services for facility residents located at 313 South Greeley Street in the RB, Two CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121 Family Residential District James Forberg, applicant 8 Case No SUP/96-53 A special use permit for the construction of an elementary school located 1/4 mile east of Hwy 15 on Hwy 12 Independent School District 834, Dan Parker, applicant 9 Case No ZAT/96-2 A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Village Commercial, V-C City of Stillwater, applicant 10 Case No ZAT/96-3 A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Agricultural Preservation District, A-P City of Stillwater, applicant 11 Case No ZAT/96-1 A zoning text amendment to Chapter 31, Zoning, of the Stillwater City Code adding a new Campus Research and Development District, CRD City of Stillwater, applicant 12 Case No ZAM/96-1 A zoning map amendment to Chapter 31, Zoning, of the Stillwater City Code to designate a 20+ acres of land located west of CR 5 and north of TH 36 Campus Research and Development (CRD) District City of Stillwater, applicant 13 Case No CPA/96-1 Amendment to City of Stillwater Comprehensive Plan incorporating the orderly annexation agreement as part of that document 14 Review and approval of amendment to existing park dedication policy Other Items Pioneer Park Plan Complaint regarding trolley tour area (continued from July meeting) • PLANNING COMMISSION July 8, 1996 Present Jerry Fontaine, chairman Glenna Bealka, Dave Charpentier, Kirk Roetman, Don Valsvik, Darwin Wald, Thomas Wiedner, and Terry Zoller Others Steve Russell, Community Development Director Absent Rob Hamlin Chairman Fontaine called the meeting to order at 7 p m Mr Wald, seconded by Mrs Bealka, moved approval of the minutes of June 10, 1996, all in favor Case No V/96-38 A variance for a 2-1/2 x 4 foot sign located at 901 S Third St in the RB-Two Family Residential District Pastor Don R Hargate, applicant Pastor Hargate was present for the discussion He said he had been working with staff in developing new signage The new sign will be downlit He said the church will be repainted and requested the use of the existing sign until the building has been repainted and the new sign installed, the existing sign is being turned off at 10 p m A neighbor, Peter Young, 821 S Third St , said the situation has improved since the Tight is being turned off at 10 p m He said his only concern is with the overall brightness of the new signage Mr Russell noted it will be relatively easy to control the brightness by changing the wattage of the lights, staff will review the new sign/wattage Mr Young said he would defer to Mr Russell's judgment on the issue Mr Wald, seconded by Mr Valsvik, moved approval as conditioned, all in favor Case No SV/96-44 Petition for a street vacation for a portion of East School Street along the south side of East School Street east of North Third Street Dorothy Thueson, applicant Tom Thueson was present representing the applicant He said the request is to vacate only that portion of the street where the fence has been built The vacation will not affect plowing of the street Mr Russell noted the Public Works Department has reviewed the request and has no objection Mr Valsvik, seconded by Mrs Bealka, moved approval of the petition, all in favor Case No SUB/96-45 A minor subdivision of 52,894 square feet into a 15,666 square foot parcel and a 37,178 square foot parcel at 450 N Main Street (Staples Mill) in the CBD, Central Business District Kellison Company, applicant Mr Russell explained that the subdivision is necessary to separate the two parcels in order to identify the parcels for taxing purposes Mr Valsvik, seconded by Mr Roetman, moved approval of the subdivision, all in favor Case No. V/96-46 A variance to the sign ordinance for a freestanding, temporary, lighted (blinking light) 20 square foot kiosk sign without required setback located at 1910 S Greeley St in the BP-C, Business Park Commercial District Stillwater Knights of Columbus, applicant Paul Mahoney, gambling manager, was present for the discussion Mr Wald abstained from the discussion Mr Mahoney explained the sign was the most cost effective way to get people to attend He said half of the gambling proceeds go back to the community, without the sign, he said the operation would likely have to leave the hall Upon questioning by Mr Roetman, he said typically the sign is only in place from Friday morning until Friday evening Mr Russell noted flashing lights and kiosk signs are prohibited according to the city's ordinance, also the requested sign does not meet setback requirements The existing Knights of Columbus sign was granted a variance due to size Mrs Bealka asked what type of signage could be used Mr Russell suggested that a sandwich board type sign, such as the Teen Center uses on occasion to advertise dances, might be an alternative Mr Valsvik noted the Knights of Columbus is a fine organization, but the Commission needs to hold to the ordinance He suggested looking into what the Teen Center uses for its temporary advertising • • • • • • Mr Roetman, seconded by Mrs Bealka, moved to deny the request, all in favor Recommendation regarding liquor license referendum for the Market Square area. The request before the City Council is to place a referendum question on the November ballot asking for up to three additional liquor licenses for the Market Square development Mr Zoller noted that based on population, Stillwater should have 13 liquor licenses, the city currently has 17 Mr Zoller said he did not think the city should encourage liquor -serving establishments in that area To do so, he said, would be a disservice to the city's downtown area He said if the city was having difficulty in securing development in the Market Square area, that would be another matter Mr Wiedner argued that if liquor licenses are transferable (which they are) enabling the owner of a downtown establishment with an existing liquor license to move to "the hill," it would be unfair not to allow a liquor license in the Market Square area Mr Russell suggested that Mr Zoller's point is more of a business development issue than a land use issue Several members suggested that the request for three additional licenses seemed excessive Mr Valsvik, seconded by Mr Roetman, moved to recommend that the City Council not place a referendum seeking three additional liquor licenses on the November ballot Vote was 7-1, with Mrs Bealka voting against Stillwater Trolley complaint Mr Russell said the city has received a complaint from a homeowner who does not want the trolley stopping in front of her home He said the matter involves the issue of access on public streets, and he has asked for an opinion from City Attorney David Magnuson Mr Valsvik, seconded by Mr Wald, moved to consider the complaint and refer the matter to Mr Magnuson for his opinion, all in favor Home Occupation Permits Mr Russell said the city will likely be getting more and more requests for Home Occupation Permits He suggested forming a subcommittee to look into the issue with the possibility of developing a new home occupation ordinance in order to protect the integrity of residential areas Members agreed it would be wise to look at the issue Mr Roetman, Mr Wiedner and Mr Wald agreed to work on the subcommittee Village Commercial and Campus Research and Development District regulations Present for the discussion were Robert and Paula Kroening, land owners and representing Newman Realty, and Marc Putnam, Charles Cudd representative Mr Russell went through the changes that were made as a result of the June 19 Planning Commission special meeting Paula Kroening asked that the wording in the Village Commercial District Purpose section, which defines the center as serving an area within one- half mile radius of the proposed district, be changed She said the center needs to address drive -by traffic as well in order to be viable It was agreed to eliminate that language and replace it with language that the center is to "primarily serve" the nearby residential neighborhood The last word in the Purpose section was changed from "required" to "needed " There was considerable discussion regarding the Special Use Permit section General store and deli -coffee shop were added to the listed uses The Kroenings asked that restaurant be added The Kroenings and Mr Putnam asked that options for use be kept as open as possible in order for the center to be viable and able to respond to the marketplace Mr Russell noted the city is more concerned with design than the specifics of marketability -- that is the owners' job, he said It was the consensus of members that the Use Determination section will provide flexibility in future usage Also in the Special Use Permit section, second level only was added to residential uses In the Use Determination, the word "any" was removed from the first sentence, zoning administrator was changed to "Planning Commission " In the last sentence, reference to subdivision was changed to "this section " /Th In the setback requirements, "to non C-D use" was added to the side yard setbacks, interior setback were eliminated as was provision "f" Front yard and rear yard setbacks will have language indicating setbacks are ID from roadway right-of-way In the additional setback requirement section, "20 feet from the street" was changed to "20 feet from a publicly dedicated street " In the other requirements section, the language was changed to "when appropriately screened and located and designed as approved by the planning commission " Regarding the Campus, Research and Development District permitted uses, Mr Zoller said the intent was to not allow tax-exempt uses in that district It was agreed to remove "institutions of higher learning and classrooms for business and professional schools" from the permitted uses The maximum height was changed to 35 feet for all structures, with No 2 removed from that section Several minor corrections also were noted Members agreed to set a public hearing on the proposed regulations for Aug 12 Mr Wald, seconded by Mrs Bealka, moved to adjourn the meeting at 10 10 pm Respectfully submitted, Sharon Baker Recording Secretary • • • PLANNING APPLICATION REVIEW FORM CASE NO SUP/96-46 Planning Commission Date August 12, 1996 Project Location Orleans Street and Cottage Drive Comprehensive Plan Distnct One Family Residential Zoning Distnct RA Applicant's Name Ed Bieging Type of Application Special Use Permit Project Descnption A Special use Permit for the placement of two signs located at above address Discussion The applicant is requesting two signs to identify Orleans Terrace Town Homes The townhouses face on County Road 5, Cottage Drive and Orleans Street The complex has no identification sign According to the applicant, the townhouses are difficult for visitors to find The two 3' x 4' wooden signs would have a cream color background with brown Iettenng and trim One sign is proposed for the corner of County Road 5 and Cottage Drive It would be angled and setback the same distance and the Cottage Townhome sign directly north of Orleans Terrace Town Homes The second sign would have two faces and be perpendicular to Orleans Street City staff recommends approval on the basis the signs would serve as a marker for visitors to find their way Conditions of Approval 1 No other signage be allowed Recommendation Approved as conditioned Findings VARIANCE Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detriment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Applicator Form • X Property Owner Dana L Nelson, Mailing Address 1.546 Cottage Drive Stillwater MN 55082 K Telephone No 351-7251 f, Signature ALL—pco.....- c2r-2 „r�cf PLANING ADMINISTRATIVE FOCI C.IUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED Appeal Certificate of Compliance Conditional or Special Use Permit Design Review Permit Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Other Engineering Review Fee Total Fee Case No 5uP/& - Date % - % 9'6 Fee Paid Ill rd FEE 70' ADDITIONAL ENGINEERING COSTS MAY BE INCLUDED AS PART OF THIS APPLICATION Environmental Review EAW EIS No Special Environmental Assessment Required The applicant shall be responsible for the completeness and accuracy of all forms and supporting material submitted m connection with any application ApTess of Project Orleans S t /Cot tage Drive Assessor's Parcel No Zoning District Description of Projects( Placement of two signs to identify the area as ORLEANS TERRACE town Homes "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct I further certify I will comply with the permit if it is granted and used Ed Bieging et a 1 x Representative ' 113dil',,,, aBUCirirliWrgrarstx ' Mailtng Address IC=2C Cottage Drive Sti11%7atcr MN 55032 elephone N439-1207 T.Stgnature Any decision made on this proposal can be appealed within ten calendar days of the date of the action Lot Size (dimensions) x sq ft Total Land Area Hight of Buildings Stories Feet Principal Accessory Total Floor Area sq ft Proposed floor area sq ft sq ft Paved Impervious Area sq ft Number of off street parking spaces Building Coverage lite of Public Hearing is A3q/ at-&11-at&Ouv:aL 2309 1, ge_ond y Eosement / 1 "2o/ 0 ,909, J> e -0101( F / CI LANDS F1 jit.r Ai 1 I may., t � t 1`a 1» .141 -O ► t Wf yt r is" / • S 89°23 47 E 221 29 N31°38 36 E '2 89 Droinoge and Ut71 y Eosemen // N0°3131-E '700 1 )41 • 1, i1 I 1 6 J O N O co h t . Y t .. ▪ ' vDt t ClIti . Y { P., a6▪ t a ',8' N 1° 01 30" w 0▪ I \ed N 891 28 29 W 610.111 110. N - • 1: 1 u t a-,P • °. ' Y dD• r �•c 519 30 5T J. i ti 0 J 50.01� wt O .l • CE 4 ' / / v /e� / / ,ado / / / , 3 / / - // / / / / / 0 / / / _ Drainage and Easement / 1 / r Utility Cl/ \P / / / \\ ('� ‘ / / WETLANDS / "'OV �/0 / / / v �— / // / / / / / / / o/ /6•2-_,/ A / i, / / EXISTING EASEMENTS / DEDICATED ON THE / COTTAGES OF STILLWA'i FIRST ADDITION / ' 1 / re' ti 57 da ion 07, 0 32° R=160 Qut 89 97 • • N 4 8°43 e, 6-I12°339 4 56"E '' 35 6 1554 ''° •O / '� 0A / /I ?� / 1 0 m 5 Itp rn v 20 20 0 V./7 LO ti 1 31"E 7 00 o ,m v I 0 20 20 m N m s 390 )s /s/ / \ ♦ 4/ /I N\ /,4' s , / :7 / \ \/ N 89' 28'29" W s8 2o c u 0 c N 4 r 1 i 519 3r 1 • 3 L T••••••••- �.-..� wr..-. .-.ems-.. • • • PLANNING APPLICATION REVIEW FORM CASE NO V/96-47 Planning Commission Date August 12, 1996 Project Location 2289 Croixwood Blvd Comprehensive Plan Distnct General Commercial Zoning Distnct CA Applicant's Name Identi Graphics Type of Application Variance Project Descnption A vanance to the sign ordinance to replace an existing sign face Discussion The request is to replace an existing "Brooks" pylon sign with the name of the new business that is now there, Oasis Market There is a sign on the building and two pylon signs The Sign Ordinance allows for one building sign or one pylon sign Recommendation Denied Findings 1 That a hardship is not peculiar to the property justifying a vanance 2 That a variance is not necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors Attachments Application Form fir • t (T V - Case No Date Filed Fee Paid Receipt No PLANNING ADMINISTRATION FORM ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 1/7 70 Certificate of Compliance Conditional or Special Use Permit Design Review Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Subdivision Resubdivision Total Fee FEE(') $70 $70/170 -0- $300 $300 $100+$50/lot $50 The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application PROPERTY IDENTIFICATION •ddress of Project ZZ q Q'Qol ( t)O°D 1d k) Assessor's Parcel No Zoning District Description of Project /?Efittd E L: rc/SI '2q SeV' Ff}e rn Lt3 i I -et 0..“4v(— i:F,kzS b Ail -ph ic- s - 5 (9 ? /74s ,84siaess 4 me a t aid ,etw114,v,e fhb is yea- o P ,BasihesS� "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct I further certzfy I will comply with the permit fit is granted and used " Property Owner N-tti Representative .1dE424 6 h/d s Mailing Address /SS 90 /34, u ST .!/ Mailing Address 66 6 0 Mu/ 1 577//u/44 /Z ' T F3 oh,Ca dms , Y11 f �-r375 Telephone No V34 — /1�'S Telephone No t/Z - VVe/e -//7 Signature 4,0/logr-,W,, Signature SITE AND PROJECT DESC `PTION Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Pnncipal Accessory Total building floor Area sq ft Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided •')ADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION REVIEW Revised 9/19/95 0 r, Record of Action Date Application Filed Decision Authonty Date of Action by Decision Authonty Appeal Penod Ended Appeal Files Appeal Decision Zoning Permit Issues Zoning Permit Signed by Owner Zoning Permit recorded with Washington County Development Certified as Completed Meeting all Conditions of Approval Comments • 1 FINA �: • Zz'! Co-ovit- ob Iv- or I --- pi/7 > • i f, (db --... I r bt 'o a • Oil itwpoi2- QM u J o' 1 l II FINA-1903 o`c/ CJcit, ci4 FOOD MARKET COPIES fla NEW Vpod ERSION pi," Oftve-ditd) ti 5a)4 cep W j 0 • 0 4 N • • • PLANNING APPLICATION REVIEW FORM CASE NO V/96-48 Planning Commission Date August 12, 1996 Project Location 13147 McKusick Road North Comprehensive Plan Distnct One -Family Residential Zoning Distnct RA Applicant's Name Beltram Van Tassel Type of Apphcatton Vanance Project Descnption A variance to the front yard setback for installation of a sign Discussion The applicant has to move an existing sign that is now located on county property A variance is requested (15 feet required, 3 feet requested) so the applicant can avoid removing a stand of trees Conditions of Approval I The internally lit sign shall be turned off at 10 P M Recommendation Approval Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the variance will not be of substantial detnment to adjacent property and not materially impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form • • Case No Date Filed Fee Paid Receipt No PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED ‘0,-4 Certificate of Compliance Conditional or Special Use Permit Design Review Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Subdivision Resubdivision Total Fee 5 33sS FEE(1) $70 $70/170 -0 $270 S70 306 S300 S 100+$50/lot S50 The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application PROPERTY IDENTIFICATION dress of Project /3 //7 "Pe -le 05 Ic / Assessor's Parcel No Wing Distnct Description of Project "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all reSrects, to the best of my knowledge and belief, true and correct I further certify I will comply with the permit if it is granted and used " Property Owner /3 •ep-i-w wt Ft. 40 747:5 s el Representative ge77A4407 //f�9J�s3r e'/ Mailing Address y7 ?v $icy f& �, Mailing Address / p.2 93 �i.-.i „U82� �, I� Telephone No y 3? l 3 g Telephone No 1/3 Signature G+1l,C Signaturr�� SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Pnncipal Accessory Total building floor Area sq ft Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided gikADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION VIEW Revised 9/19/95 Record of Action Application Filed Decision Authority Date of Action by Decision Authority Appeal Penod Ended Appeal Files Appeal Decision Zoning Permit Issues Zoning Permit Signed by Owner Zorung Permit recorded with Washington County Development Certified as Completed Meeting all Conditions of Approval Comments c2 Date • r rci a, 4 a pir 67,,,,-7 ,4 • • • PLANNING APPLICATION REVIEW FORM CASE NO V/96-49 lanning Commission Date August 12, 1996 Project Location 1101 North Owens Street Comprehensive Plan District General Commercial Zoning Distnct CA Applicant's Name Bruce Matson Type of Application Vanance Project Descnption A variance to the front yard setback for the extension of the canopy at Food-n-Fuel (30 feet required, 6 6 requested) Discussion The request is to extend the existing canopy 16 feet to the north The existing canopy is about 7 feet from the front yard property line The applicant will add another pump The pump would be installed at the same time as a piping upgrade to satisfy new code requirements The addition will be the same materials and colors as the existing canopy Lighting will be recessed into the ceiling of the canopy The proposal does not affect circulation or parking Conditions of Approval Should the Commission grant approval of the variance request city staff recommends the following conditions 1 No additional signage 2 Work with city staff on existing signage to bnng it up to code 3 Enclose trash receptacle 4 Light sources are to be shielded from neighboring residents Recommendation Denial, the applicant has not demonstrated a hardship for the following findings Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists • In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a vanance 2 That a variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a vanance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors 3 That the authorizing of the vanance will not be of substantial detriment to adjacent property and not matenally impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form • • • JUL-25-96 THU 7 18 CITY OF STILLWATER FAX NO 612439456 P 02 • Case No Date Filed Fee Paid 0 Receipt No , 5 .39E PLANNING ADMINISTRATION FORM ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT Certificate of Compliance CITY OF STILLWATER Conditional or Special Use Permit 216 NORTH FOURTH STREET Design Review STILLWATER, MN 55082 Planned Unit Development Variance - Comprehensive Plan Amendment - Zoning Amendment - Subdivision Resubdivision Total Fee FEET $70 $70/170 $300 $50 The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application PROPERTY IDENTIFICATION Address of Project 11 n I ()(J V N S CT, t•I . Assessor's Parcel No 310 -� I0 0 — 3 I SO Zorung • At�G 2. District a ,� � �' Description of� Project — � rl 5 �� Of C9r1 ��7 q► iNc.a�vCi 7 hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, true and correct Ifurther certify I will comply with the permit :f it is granted and used " • Property Owner T f'r tah i SW-% Representative F0OO'1-4 P 4 L frau C. Mailing dress O L S'f' Mailing Address gip- i4 , ram, Telephone No Telephone No (3 3 — E_ G3 Signature Signature &.t. u & 711 1 SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stones Feet Principal Accessory Total building floor Area sq ft Existing sq ft. Proposed sq ft. Paved Impervious Area sq ft Number of off street parking spaces provided _ ("ADDmONAL ENGINEERING COSTS MAX BE REQUIRED AS PART OF APPLICATION REVIEW Rcviscd 9119/95 • PLANNING APPLICATION REVIEW FORM CASE NO V/96-50 Planning Commission Date August 12, 1996 Project Location 614 West Mulberry Street Comprehensive Plan Distnct Two Family Residential Zoning Distnct RB Applicant's Name Richard Houde Type of Application Variance Project Descnption A variance to the sign ordinance to place a sign on the property Discussion New Heights Charter School has occupied the old Washington School building for nearly four years They are requesting that they be allowed to install a sign in the front yard A vanance is required because Washington School has their name on the building The School District is reluctant to remove the existing Washington sign The proposed sign would be a 5 ft x 10 ft wooden monument sign The Iettenng would be either white, gold or silver The New Heights sign would look like the attached are photos of Withrow Elemdentary School sign Conditions of Approval 1 Sign shall not be lit 2 No additional signage Recommendation Approved as conditioned Findings 1 That a hardship peculiar to the property, not created by any act of the owner, exists In this context, personnel financial difficulties, loss of prospective profits and neighboring violations are not hardships justifying a variance 2 That a vanance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors • 3 That the authorizing of the variance will not be of substantial detnment to adjacent property and not matenaily impair the purpose and intent of this title or the public interest nor adversely affect the Comprehensive Plan Attachments Application Form/Photos • Case No Date Filed Fee Paid Receipt No PLANNING ADMINISTRATION FORM n COMMUNITY DEVELOPMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED DEPARTMENT Certificate of Compliance Conditional or Special Use Permit Design Review Planned Unit Development !"'Variance Comprehensive Plan Amendment Zoning Amendment Subdivision Resubdivision Total Fee FEE(1) $70 S70/170 0 S270 S70 S300 S300 5100+$50/lot S50 The applicant is responsible for the completeness and accuracy of all forms and supporting matenal submitted in connection with any application PROPERTY IDENTIFICATION Sddreof Project 6/ / i2/'2 Assessor's Parcel No ss oning District Description of oject "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and true and correct I further certify I will comply with the permit fit is granted and used " Property r .>/,/�/%�� > Representative Mailing Address /yl�/ � ter'/, j' Mailing Address Telephone No Signatur Telephone No Signature SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stories Feet Principal Accessory Total building floor Area Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided erADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION REVIEW sq ft Revised 9/19/95 Record of Action Date 410 Application Filed Decision Authority Date of Action by Decision Authority Appeal Period Ended Appeal Files Appeal Decision Zoning Permit Issues Zoning Permit Signed by Owner Zoning Permit recorded with Washington County Development Certified as Completed Meeting all Conditions of Approval Comments • L r • • t New Heights Charter School, 614 West Mulberry St. Stillwater, MN 55082 Phone (612) 439-1962 Fax (612) 439-0716 July 19, 1996 New Heights Charter School Sign Dimensions New Heights Charter School located at 614 W Mulberry St Stillwater MN 55082 hereby requests a variance from existing ordinances in order to place a sign on the property leased from the Stillwater School District Enclosed are pictures and dimensions of the proposed sign Dimensions Width = 120" (10 Ft ) x Height 60" ( 5 Ft ) Materials 2"x12" and 6"x 6" green treated lumber, 3/4"x 13" bolts and nuts ` Letters white, gold, or silver 8" high - Sign to be placed adjacent to and 10' (feet) from existing flag pole near intersection of Mulberry and Everett Street, set back from west sidewalk a minimum of 15' (feet) i , - New Heights Charter Sch 1 Ai/Signed =6714 ,, S'�/j Title Date /� / X,) /9%2 ///7 Stillwater School District #834 approval Signed ,'ldO Title o ,WqL Date •3 0r`4l 4 Washington School Front Entrance Proposed Sign Flag Pole o r Everett St E N Drawnng Not to Scale W a) Fa Z • • • • • PLANNING REVIEW CASE NO. SUP/DR/96-51 Planning Commission Date August 12, 1996 Project Location 301 South Second Street Comprehensive Plan District• Central Business District Zoning District CBD Applicant's Name. Mark Balay Type of Application Special Use Permit Project Description: A Special Use Permit for a graphic exterior wall sign for the Andiamo Banquet Hall Discussion The applicant is requesting approval of a graphic wall sign on the southeast entry to the building The proposed sign appears to be consistent with the historical based murals on the east face of the building. The graphic of the paddle boat is painted white with red trim The lettering will be red The graphic portion of the wall sign is 13'2" x 18'0" with the text portion of the sign occupying 58 6 square feet. The ordinance would allow 139 square feet of signage based on lineal footage of that side of the building. HPC approved the historical logo murals on May 6, 1996, one of the conditions of approval was that any modifications to the project be reviewed by the Commission The following is an update on the condition of approval An additional logo is being added to the recessed portion of the center building facing Nelson Alley The graphic will be the 1917 "White Pine - Anderson - Frames" logo Minor word changes on the graphics and fixture selection on the mural lighting will be presented at the meeting Conditions of Approval. All modifications to project be reviewed by HPC Recommendation: Approved as conditioned Findings• The proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the ordinance Attachments Application Form/Elevation Drawing • ( � Case No 5 49'6 -57 Date Filed 1.2b • q% Fee Paid I10 Receipt No 'S339-5 PLANNING ADMINISTRATION FORM COMMUNITY DEVELOPMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 ACTION REQUESTED DEPARTMENT Certificate of Compliance xConditional or Special Use Permit Design Review Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Subdivision Resubdivision Total Fee FEE( 1 $70 $70/170 0 $270 S70 $300 $300 $100+$50/lot $50 The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application PROPERTY IDENTIFICATION .aress of Project .2 C.) S ...S=U377_STAssessor's Parcel No Lti -TL Zaning District G �) Description of Project (- .P1-(1 c— a — 1(�l� ( J "I hereby state the foregoing statements and all data information and evidence submitted herewith in all respects to the best of my knowledge and belief true and correct I further certify I will comply with the permit fit is granted and used " Property Owner.,,1�1D1P1(�j S-C" C �L (fA7L722 tepresentative Mailing Address 0 / S S �'vv/� S`C Mailing Address Y P T Telephone No -43CD - 12-71 y' Telephone No -3C7 -331 Signature Signatu SITE AND PROJECT DESCRIPTION Lot Size (dimensions) x Land Area Height of Buildings Stones Feet Principal Accessory Total building floor Area sq ft Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided ADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION REVIEW Revised 9/19/95 • • • Stillwater Elementary School BWBR Commission Number 95053 01 June 18 1996 PROJECT NARRATIVE This project provides for the Stillwater School District a new school to meet their elementary education needs for the immediate future and offers flexibility to adapt to changing teaching and learning styles as we move into the 21 st century The building will be located approximately 1/4 mile east of Highway 15 just south of Highway 12 The site is currently going through the minor subdivision process and is part of the Phase 1 annexation parcel into the City of Stillwater Intended for an ultimate enrollment of 800 students the building is designed to reduce the scale to one that feels more like a 200 student school The architecture of the building recalls histonc Stillwater with use of brick building forms and one room schoolhouse references The design responds to a mynad of issues site program budget context and above all kids BUILDING AREA Total site coverage of the building is 71 898 square feet The total building gross square footage is 99 910 square feet, compnsed of 65 825 s f on the upper level 34 085 s f on the lower level UTILITIES Permanent Plan Ultimately the school will be served by permanent water and sewer services extended from the city of Stillwater The City will provide these services to the neighbonng residential development to the south and west and the school will tap into them Design and implementation of these services will not begin however until the annexation process has been completed Intenm plan Through the City the School District has petitioned for a feasibility study to temporanly extend city services from a location approximately 1/2 mile east of the school site on Myrtle Avenue These utilities would be used until the permanent utilities are installed and available for the school s connection The study is anticipated to be brought to Stillwater City Council July 2 1996 WATERSHED The entry dnve into the west end of the site is required by the county to be 300 feet from Highway 12 This causes our dnve to cross the north end of the wetland area requiring approximately 2750 s f of the wetland to be filled Areas in excess of 2000 s f mandate mitigation Mark Doneaux of the Washington County Soil and Water Conservation District is involved as the design progresses (see attached letter from Washington County dated June 12 1996) .,u-96 TUE 9 39 CITY OF STILLWATER FAX NO 6124390456 P 02 • COMMUNITY DEVELOPMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 Case No Date Filed Fee Paid Receipt No PLANNING ADMINISTRATION FORM ACTION REQUESTED DEPARTMENT Certificate of Compliance Conditional or Special Use Permit Design Review Planned Unit Development Variance Comprehensive Plan Amendment Zoning Amendment Subdivision Resubdivision Total Fee FEE(1) $70 7 1 0 0- 20 $70 _ 53�0 •- $300 — ,� 10Q+$ O of The applicant is responsible for the completeness and accuracy of all forms and supporting maten.al submitted in connection with arty application • PROPERTY IDENTIFICATION Address of Pioject i - F�'�T e e,rr L Assessors Parcel No ^--- Zoning��� District Description of Project C'o��i2-��'`J G "I hereby state the foregoing statements an data, d all d t t fonnation and evidence submitted herewith in all respects to the best o my knowledge and belief, true and correct I further certfy I will comply with the permit fit is granted and used " f Property Owner i n ebio— �c�' n E rcr �`' .-" ��' / Representative . Mailing Address !1 7 ,�,��� Mailing Address < S o 'Ma SSa $� ee ���"�A � Telephone No _ Telephone No 3s� - 832� P Signature SITE AND PROJECT DESCRIPTION Signature Lot Size (dimensions) X An 1 4 t-- Land Area Height of Buildings Stones Feet • Pnncipal Accessory (»ADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION REVIEW Total building floor Area sq ft Existing.. sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided • • • ► Folz, Freeman, Dupay & Associates, Inc LAND SURVEYING • LAND PLANNING 1815 NORTHWESTERN AVENUE • STILLWATER MINNESOTA 55082 (612) 439-8833 PARCEL A LEGAL DESCRIP 1 ION LUMEN! ARY SCHOOL PARCEL That part ol the Noi ill Hall ol the SOu[Ilwetit Qu liter of Section 30 1 ownship 30 North Range 20 West Stillwater 1 ownship Washington County Mirntesot t desu lbed as follows Beginning at the Intersu.tion ol the south right ol way line of County State Aid Highway 12 as described in Document No 382213 on life and ol record in the OIIILC ol the County Recorder W ishing[on County Munnesot i and the c ist line of said North 11 ill ol the Southwest Quarter thence South 01 degree 04 minutes 43 seconds Last tssumed bearing along s lid east lull. a dist ince of 590 66 feet to a point distant 628 19 lett southerly ol the northeast corner of s ud North Half of the Southwest Quarter as measured long s iid east line thence South 88 degrees 55 nunu[Ls 17 seconds WLS[ a distance of 358 09 feet thence South 46 degrees 08 minutes 09 seconds West a distance of 514 37 lie[ thence North 36 degrees 34 minutes 10 seconds West a distance of 225 26 leet to the intersection with the north line ol the south 515 46 Icet of s ud North H ill ol the Southwest Quarter thence North 58 degrees 53 minutes 09 seconds West a dist ince ol 314 70 Icet thunce North 04 degrees 39 minutes 29 seconds West a distance ol 135 10 Ices thence Nottli I() degrees 20 minutes 53 seconds E ist i dist ince of 231 68 feet to the intersection with the south line ol the notch 280 00 Icet ol s ud North 11 ill ol the Southwest Qu trier thence North 89 degrees 4 3 nunuiLs 15 sLccxids r isl long s lid south Inne i disc ince 01 38 53 feet to the wlcrsLUlon with tlic c ist hilL 01 the west 13 35 00 feet o1 s lid Noi th II ill ol the Southwest Quarter thence North 00 degru,s 46 minutes 48 seconds West along s ud west line a distance of 101 27 lcu to the intcrsu,tion with said south right of w ty Itnc of County State Aid !highway 12 as desu ibed in Document No 382213 thence easterly along said southerly light ol w iy InnL a distance of 234 56 legit along the arc of a non tangential curve concive to the north having a r idius ol 5804 58 feet and a eutral angle ol 02 degrees 18 minutes 55 seconds the choid ol said cm ve be irs North 83 degrees 00 minutes 10 seconds East thence Noith 81 degru,s 50 minutes 42 seconds C ist along said southerly right ol way line t dist ince ol 829 17 ILU to the point ol beginning This parcel eons tins 16 1 1 acres mole or less ind is subject to valid easements and restrictions ol record 11 any I huchy ccnify that this re,yal description was prcparul by me or under my diru.t supc,rviscon and that I am a duly Rcbistcrul Land Survt.yor under the laws of the Mate of Minnesota 1 hnothy 1 1 at Muumuu Rcbis aeon No 6989 f McCombs Frank Roos Associates, Inc 15050 23rd Avenue North Plymouth Minnesota 55447 4739 Telephone Engineers 612/476 6010 Planners 612/476 8532 FAX Surveyors MEMORANDUM DATE July 10, 1996 TO Stillwater Township Planning Commission FROM Meg McMonigal, PlanneriltlA.& SUBJECT New Elementary School - Public Hearing for Conditional Use Permit Stillwater Township MFRA #11400 •MEETING DATE July 18, 1996 Background Independent School Distnct (I S D ) #834 is requesting a Conditional Use Permit (CUP) for a new elementary school located south of Highway #12 and east of C S A H #15 This site is in Phase I of the Orderly Annexation Area, and is expected to be officially annexed into the City of Stillwater on August 15, 1996 or later The school district has requested approvals through the Townslup in order to begin the construction process as soon as possible A CUP is required for schools in the R-1 zoning distnct The City of Stillwater has authonzed a feasibility study for serving the school with city sewer and water through a temporary connection along Highway #12 The results of this study are not yet available I S D #834 has submitted the following items (except #8) for Township review and approval, and they are attached (1) Site plan drawn to scale showing parcel and building dimensions (2) Location of all buildings and their size, including square footage (3) Curb cuts, dnveways, access roads, parking spaces, off-street loading areas and sidewalks An Equal Opportunity Employer • Requirements of R-1 Zoning District Following are the requirements for the R-1 zoning district, all requirements are met Required Project Requirement Mete Lot Area 24,000 16 11 acres Yes Setbacks Front 40' —230 feet Yes Side 20' —400 feet Yes Rear 50' 52 feet Yes Floor Area Ratio 30% 14% Yes Impervious Surface 50% 34% Yes ,Parking Requirements 3 parking spaces per classroom = 84 Parking spaces provided = 123 Site Analysis Layout and circulation - This site is limited by one access point to C S A H #12 The County requires this access point be 1/4 mile east of CS A H #15, or as close to 1/4 mile as possible The planned location of the public street access is outside of the school distnct's property, on property proposed to be developed by Charles Cudd Homes The access would be built as a public street to serve the new development and a dnveway to the new school coming off of it Final design plans are not yet available A condition of approval should be that an access easement agreement for the public roadway be provided Another condition should include that these plans be approved by the Township Engineer, City Engineer, and County Engineer Lastly, an escrow or other financial guarantee will be needed to ensure the public access is constructed as proposed The parking lot is designed for 123 parking spaces and 15 school bus spaces There is a drop off area near the front door This will require dnvers to circulate through the parking aisles and may cause some conflicts with cars backing up, however the amount of traffic expected on a daily basis should be small enough that the conflicts should be small in number A separate dnve aisle might function better, but also would gncourage higher speeds The amount of parking for the site should be more than adequate on a daily basis Plans for future parking for 27 spaces is shown The architects were encouraged by staff to show parking to meet daily 1 • needs versus event needs, in order to minimize the amount of impervious surface on the site Minimizing impervious surface is desirable because of less hard surface runoff, more green space, and less maintenance Wetland Filling and Mitigation A portion of a wetland will need to be filled for the proposed dnveway A wetlands report was submitted by Peterson Environmental Consulting and reviewed by Kelly Bopray, Certified Soil Scientist of MFRA (comments attached) The expanded wetland will more than replace the wetland removed and Mr Bopray recommended the Township issue a wetlands permit This report has been sent to all required agencies for review and comment Grading and Drainage Plan A preliminary grading and drainage plan has been reviewed by the Town Engineer It appears the proposed plan will be workable, however the Engineer is awaiting further information and calculations pnor to approving the plan Final revised grading and drainage plans are to be submitted to the Township Engineer by July 15, 1996 Landscape Plan The landscape plan appears to be adequate, however specific plantings need to be delineated on the plan We have requested that a revised plan be submitted by the public heanng ,RECOMMENDATION The staff recommends the Planning Commission approve the Conditional Use Permit for the new elementary school south of C S A H #12 and east of C S A H #15 with the following conditions 1 The School District must be able to obtain public sewer and water services from the City of Stillwater A Minnesota Pollution Control Agency (MPCA) sewer extension permit must be granted pnor to a grading permit being issued 2 Plans for the public street from C S A H #12 be reviewed and approved by the Township, City, and County Engineers pnor to a grading permit being issued 3 An easement granting public street access across the Newman property (Parcel C) to the new elementary school site must be filed at the County, pnor to a grading permit being issued • • • 4 An escrow or other financial guarantee of 125% for building the public access street from CS A H #12 be given to the Township to hold until construction is complete or to use to complete construction 5 An escrow for landscaping be given to the Township to hold until landscaping is complete or to use to complete the landscaping 6 The grading, drainage and erosion control plan must be approved by the Township and City Engineers and other regulatory agencies as required 7 Details for the proposed bridge must be submitted and approved by the Township and City Engineers, and any other regulatory agencies as required 8 All governmental permits must be obtained, including but not limited to those required by the Brown's Creek WMO, Washington County, Army Corps of Engineers, MPCA, DNR, and the Minnesota Department of Health 9 A wetland permit will be issued by the Township following receipt of comments from notified agencies 10 11 12 Enclosures e main 11400/memo7 9 • • 3535 VADNAIS CENTER DRIVE 200 SEH CENTER ST PAUL MN 55110 612 490-2000 800 325 2055 ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION August 7, 1996 Mr Steve Russell Community Development Director City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Steve RE Stillwater, Minnesota Elementary School County Road 12 at County Road 15 Access and Circulation Review SEH No A-ST1LL9601 00 We have had an opportunity to review the concept plan for the elementary school proposed for County Road 12 just east of County Road 15 The site plan has some detail for the parking lots and circulation patterns on the school site, but does not provide much design definition for the access onto County Road 12 We have been reviewing the Washington County correspondence relative to the school The County has indicated that the entrance must be approximately 1/4 mile east of the County Road 15 intersection We agree with the concept, but the plans do not show where the driveway location is on County Road 12 We assume that the City will reflect the County's concern over the location The County has also indicated a preference to have 300 feet of distance between County Road 12 and the on -site intersection between the road leading to the school and the road leading to the other development We agree that 300 feet is desirable, but are just as concerned over the geometries that go along with that spacing The conceptual plan shown has a free flow right turn onto County Road 12 Washington County recently wrote to BWBR Architects and indicated that an acceleration lane needed to be provided We think the City should review the desirability of that feature with the County There is a major east -west trail running on the south side of County Road 12 Providing a free flow movement and an acceleration lane along with a multi -lane approach of roadway could set up some potential conflicts between the trail users and the traffic using the free flowing right turning movement The concept plan also shows the trail being relocated south from its current alignment This would place it in the middle of the backup of traffic from the stop sign approach onto County Road 12 and sufficiently far from the corner to where the trail users may not be visible by turning traffic SHORT ELLIOTT HENDRICKSON INC MINNEAPOLIS MN ST CLOUD MN CHIPPEWA FALLS WI MADISON WI LAKE COUNTY IN EQUAL OPPORTUNITY EMPLOYER • • • Mr Steve Russell August 7 1996 Page 2 The school may not need to design the intersection, but their on -site concepts will certainly determine the restraints for that design These concerns and questions probably should be addressed as part of the school site plan Similarly, the location and the geometnc design of the intersection south of County Road 12 needs to be reviewed The concept shown on the architectural plan does involve two free flowing movements, and therefore, creates some additional conflicts The trail and sidewalk system has crossings away from the intersection, but close enough to where the pedestrian crossings may not be visible from traffic turning through the intersection The number of islands, the general alignment through the intersection and the weaving which will take place between County Road 12 and this intersection all create geometric design concerns Again, it is desirable to have this intersection fully designed at the time the school site plan is approved More details were provided on the school site itself The parking lot provides for a 30 foot drive aisle and 25 foot parking aisles between the vanous parking rows This is generally adequate if the radii of the several islands are carefully designed to accommodate tunung vehicles Vehicles turning from the access road into the 25 foot wide parking aisles will require a larger radius on the channelizing island at the north end of the parking aisle This could be a detail of design, but is important to overall circulation The northerly roadway is 29 feet wide through the parking area and then 25 feet wide where adjacent to the angle parking north of the school The 29 feet would be desirable There may be school buses traveling opposite directions and with the uncertainty of the clearance past the various angle parked vehicles, the additional 4 feet may prove beneficial The school bus turnaround and parking arrangement is somewhat unusual and reflects a need to accommodate buses on the east side of the building The concept, we believe is to have the eastbound buses turn left into the turnaround area so they can then proceed south into the school bus spaces Fortunately, this will probably be done in an area where there is tittle conflicting traffic and especially little traffic unfamiliar with the somewhat unusual movement It appears that the turnaround area may need to be extended further to the east so that the buses leaving the turnaround area will be lined up properly to travel south and then turn into the school bus parking spaces Currently, it appears that it will be difficult for the buses to park in the northerly spaces If the buses are not properly lined up, they could lead to a partial blockage of the access way for buses leaving the area The architects may also want to review the potential for having a bus parked in the southerly school bus space and have a second bus pass it and then make the U-turn in the cul-de-sac area We believe this may be a little difficult • • • Mr Steve Russell August 7, 1996 Page 3 How to load school buses in a school site has been discussed for years with no standard safest situation The concept shown has been used quite frequently and does involve buses parking so that there is a minimal pedestrian travel between buses Almost all students will enter the buses adjacent to the sidewalk The only problem with this concept is that buses must back out without being able to see oncoming traffic They must also exit in order since backing out between the buses may be somewhat difficult Finally, there needs to be virtually no other traffic in the area when the buses are entering and exiting their parking spaces This has been done with some success and is probably one of the better arrangements for school bus pickup The 27 spaces on the far east end of the parking are dashed and appear to be available for either recreation use or possibly employee parking As such, they will probably not be in conflict with the school buses It appears that the pedestrians and vehicles have been successfully separated with the exception of a few crossings Pedestrian travel to and from the recreational facilities also is somewhat isolated from any type of public traffic The general concepts behind the development of the circulation plan for both vehicles and pedestrians is good The primary concern is the public road access to County Road 12 and the intersection immediately adjacent to it These concerns need to be resolved prior to the final on -site circulation being approved If you have any questions or need any additional information regarding our comments, please feel free to call me at 490-2045 Sincerely, Short Elliott Hendrickson Inc ...524/4 Y'a7,2a/ovi-iz Glen Van Wormer, P E Manager, Transportation Department tlo HWY 12 <iiiii ST. PAUL HWY 36 Lc) } 2 HWY 96 NOMINAL 1/4 MILE ie STILLWATER G SITE MYRTLE ST OLIVE ST LONG 1` LAKE LLI CC CO >. CC Z 0 NOT TO SCALE 1-- co z Q M cc w > cc x 0 cc o — co • • we •0 TY4ID1a Aw A1ro Mee mocOda *Ito &MACE L.01 MOO NALL WAR SIe0 r`G0. NAIL •0 sa n.« rtrerl CROW TM nea Tcs r Au outs on0,eue Am,1®e L.A. N 2 o. 6A..x AMJj1ATO& • 400 5161 7 Str t Swt 500 Sault P ul Minn vote 55101 012 222 3701 -17 • m ILEX WON Mo • Scab A Fat LEGEND MI • ~ono EM•aF co ■ PRCP6SED MEW BLl1 m 1 H10/0.M WOW a 0 RtVO= WE tape a P1101500 RN= DO - PROW" COMM ~MED EE11ti0I 03 ~ma wean o PRIMED mono ▪ twol02121 ECM Mel do. FROMM WOW EDER SA MO -___ MIME E Iwo. 8021110 WOW seat ,ma, 5010 - - mrno .RED of I MIMI.il.m•DD].EE IRA® BMW 11L ,m....®I.E MED 79E543E bL _/.E105l110 a.ED 11301501 LPL .'111F, 0221223 MaMtaQ .IS1.1 astral 13l14010N CATCH BASIN / MANHOLE SCHEDULE STRUCTURE NA 8' 1. SI WNW CASTING NO. 6iMERT o or MaEJ 2 n 103.3 m 3 Ir R 2573 103• CB 0 H a 3C Me CO D.Ce ! 4r RAN 1C AS 13. 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AGGREGATE LIME TRAIL MOS nEO.Y PLANTING DETAILS 44 Azzo 111=L11111,=-, 'Jill1E4, ��s Hill=rain.: IIIIi-IIIIII-IIIIII-�11111=IiNl=L'llil=lllllt -1 SHRUB C00004040.0.10 ELL SLONE ere" 0ss scam sr EOM* OWLS 0:00MOS LLEEEM SEE Le NEE SM=. ELMS obese DECIDUOUS TREE MILL EEO MOM AIM SEENNELED COMA MELO el see nasIsELELOE RKa WEE ERE. 010•• EMEND. EISEEESO SI EEO, EEO ft flOa CONIFEROUS TREE Iua . D. CO•O.IO WM ROCROOD 14 O1 IOp S I _1�_f INfltOt 1C an N CONK. MbANC COW, EVIEM APO ALN 0 PLANp�O 1A LOOM MOM ROA OM IP N MIME MEWLS ern. ▪ R INVRM0 .ROtIMtM MP R wr NW IO• If Nm MOO ROONALL,efl- nuaf • Gm Q OM O 1.00110 MIL 0SI WOG 100011. rbP PP ONO NM In Al ARRA SOD GAMMAN .!KENO NANO A LIANA® • TO DeweleNa OPTION IV NAN ENO NEMO PO COMAelNOR REEPOOMILEfore PIAMMEN TOO PLUM Iberna. 1NM IMOWER POEM 11 Stillwater Elementary School BWBR ARCHITECTS 400 SIDI y Str t. 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Isla Fa 0, 0m a4Qa al Dv Dm 1-74-Se r 1 Cam 11. 0dr 961 Me EXTERIOR ELEVATION Asa As. 441 MEMORANDUM • TO Planning Commission FR Steve Russell, Community Development Director DA August 9, 1996 RE VILLAGE COMMERCIAL ZONING DISTRICT REGULATIONS The attached VC Zoning Regulations are for the comprehensive plan designate site at the corner of CRs 12 and 15 The regulations have previously been reviewed by the commission and amendments made Comments from Stillwater Township regarding the VC district are attached Recommendation Approval of VC designation to council Attachment VC Zoning Ordinance and Design Standards • • Aug 8 1996 5 06PM MCCOMBS FRANK ROOS No 1950 P 2/3 STILLWATER TOWNSHIP PLANNING COMMISSION MEET/Ns TOWN HALL - AUGUST 1, 1996 PRESENT• Chairperson Richard Schubert, Planning Commissioners Paul Hannon, Meg Jungbluth, Shelia Marie Untledt and Carole Yoho, also Town Board Liaison David Johnson 1. AGENDA - M/S/P Untledt/Yoho to approve the a (4 ayes) agenda as written. 2 NUT S - M/S/P Hannon/Untledt to approve the 7/18/96 Planning Commission Public Hearing and Regular Meeting minutes as written (4 ayes) (Meg Jungbluth arrived) 3. PROPOSED ZONING DISTRICTS IN ANNEXATION AREA AND PROPOSED PARK DEDICATION POLICY_ There was discussion about the zoning districts proposed by City for the annexation area as well as thek dedication policy The following comments were maderoposed park CRD DISTRICT - The vague language does not prohibit virtually any type of business. It does not seem different from any light industrial or general commercial area Lighting has not been addressed in the proposed rules. Under "Purpose" the wording "limited retail and service uses" seems vague and should be defined or could change it to "no retail and service uses" The language in "Permitted Uses' Is unclear - do the listed Items require a special use permit? Under "Development and Performance Standards", item F - should add " for a sustained length of the time measured ". Under "Development and Performance Standards', item H - does "open space" include the parking lot? It should be defined AGRICULTURAL PRESERVATION DISTRICT - All property .when first annexed Into the city, it annexed as agricultural and then the city will need to determine the zoning after the property owner petitions for rezoning. This area provides protection for existing uses The wording under "Purpose' reads better than in the CRD area VILLAGE COMMERCIAL DISTRICT - Under 'Purpose" It seems to allow the ability to create another such district - should leave off 'or where analysis of residential population demonstrates that such facilities are needed." Is it possible to say something about the hours of operation or exclude 24 hour businesses? This road will connect to the road that goes Into the school. Under 'Architectural Style' gable roofs are 'preferred , but not required Under "Building Setback", the annexation agreement calls for a buffer of 150 feet This Is inconsistent with the county setback requirement and the county's language should be added for Aug 8 1996 5 06PM MCCOMBS FRANK ROOS No 1950 P 3/3 Stillwater TWP P C Mtg. - 8/1/96 Page two building setbacks. Under "Design Permit" should change 'county" to "country". Under "Slgnage and 'Lighting should add language so that lights shall be contained so as not to be a nuisance to surrounding areas. PARK AND TRAIL DEDICATION POLICY - It is Important to have something spelled out so It does not appear to be arbitrary. This appears to be reasonable. The chart on page 3 shows commercial dedication as 7 5%, but on page 6, item 8, it is 7 0% David Johnson advised that the Town Board will meet on August 13 at 8 00 p m to discuss policies and procedures for planning issues that arise under the - ,J o Irit' 'board. -He -i nv iced- the Planning Commission to attend 4 PLANNING COMMISSION AND THE TOWN BOARD - There was discussion about the role of the Chairman In a Public Hearing and the importance of keeping things moving and taking input from the public Richard Schubert will ask to be on the agenda for the next regular Town Board meeting to discuss a date for a meeting with both the Town Board and the Planning Commission (possibly September 5) to discuss various Issues a function and responsibilities of the Planning Commission b format for a Public Hearing Planner, Applicant, Clarification questions from the Planning Commission, Questions from the public, Planning Commission questions and comments c joint role with the City d role of the Town Board liaison e. posslbllty of having a member of the Planning Commission report to the Town Board on a regular basis 5 NEW BUSINESS - There was none 6. ADJOURNMENT - M/S/P Jungbluth/Untiedt to adjourn the meeting (5 ayes) The meeting was adjourned at 11.25 p.m. Submitted by Kathy Schmoeckel Planning Commission Clerk • • • , • • • Village Commercial District - VC Purpose To provide a local center for convenience shopping and personal services primarily in proximity to a residential neighborhood VC districts shall be established in the general locations shown on the comprehensive plan or where analysis of residential population demonstrates that such facilities are needed Special Use Permit Local convenience retail business or service establishment, such as grocery, fruit and vegetable store, bakery, drugstore, general store, barber and beauty shop, clothes cleaning and laundry pickup station, business and professional office and the like, supplying commodities or performing services for residents of the immediate neighborhood and surrounding areas Day Care/Nurseries Medical and dental offices Parking facilities Professional, editorial, real estate, insurance and other general business offices Residential Uses - Second Level Tea rooms, deli, coffee shops and soda fountains, not including the sale of alcoholic beverages Service Stations Accessory Uses Other uses and buildings customarily appurtenant to a permitted use Use Determination Other use or service establishment determined by the planning commission to be of the same general character as the foregoing specially permitted uses and which will not impair the present or potential use of adjacent properties may be permitted A use permit shall be required and processed pursuant to this section r_. f District Regulation General Provisions Requirement a Height of buildings - maximum -Principal (stories and feet) 2 & 35 -Accessory (stories and feet) 1 & 20 b Minimum lot area (net) (sq ft) 10,000 c Front yard (feet) 50 d Rear yard (feet) 25 Additional Setback Requirements In any VC District directly across a street or thoroughfare or next to, from any Residential District, all parking and loading facilities shall be at least twenty feet from the property line and buildings and structures at least twenty feet from the street, said setback space shall be permanently landscaped Other Requirements All uses shall be conducted wholly within completely enclosed buildings, except for service stations, parking facilities and other outdoor uses when appropriately located and designed as approved by the planning commission Design Permit Design review shall be required for all village commercial uses according to county village architectural and design guidelines • • • • • Country Village Architectural and Site Design Guidelines Goal Create high -quality country village consisting of country store with fuel, country school (daycare) and other village scale professional services The building shall have a related though not identical village residential character Architectural Style Gable roofs are preferred Architectural detailing should be consistent with the style of the structure selected Materials Brick, stone, painted or natural architectural cedar or red wood siding are to be used as exterior materials or high grade reduced maintenance materials that will achieve the same exterior appearance goals as natural materials may be used The roofing shall be heavier weight asphalt shingles or cedar shingles or high-grade reduced maintenance materials that will achieve the same exterior appearance goals as the natural materials may be used Building Design No franchise or prototypical commercial building design shall be allowed The village area shall have a unique rural character related to its surroundings Canopies Pump area canopies shall be of a subdued design consistent with the building design and materials Any under -canopied lighting shall be recessed and not show the light source from off the service area Building Orientation The country village will be visually and functionally connected to the immediate neighborhood, be accessible but not visually prominent from County Road 12 and 15 Building Setback 50' from County Road 12 or 15 Parking or paved Streets or Driveways 20' from public right of way for County Road 12 or 15 (if bermed and landscaped) Lot Coverage 60 percent maximum building and hard surface coverage Building Height 35' to gable peek Road and Parking Configuration The preferred configuration is one of curved and angled orientation Landscaping Forty percent minimum of the land area shall be in permanent maintained landscaping, open spaces and natural wetlands Areas around building shall be planted with hearty species of deciduous and coniferous stock and should assists in blocking sight lines of parking facilities and highlight attractive architectural features in a landscaped setting Screening Parking areas that can be viewed from adjacent roads or residential areas shall be screened with a combination of deciduous and coniferous planting and berming Signage Commercial signs are to be placed on linear walls, composed of the same materials and bearing a similar design theme to the building being identified Interchangeable tenant identification will be provided but if internally lit must show lit letters only, not letter backgrounds Preferred building identity signage is by cut out letters of durable materials, mounted on the above mentioned walls, lit with internal backfacing lighting or reflective lighting from ground, wall or tree mounted spots Spot lights must not provide glare to adjacent roadways or perimeter residential uses Identity monument type freestanding country village signs without tenant identification consistent with the village design and material may be allowed along County Road 12 and 15 and at the residential roadway entrance Utilities All utilities will be underground and HVAC equipment will be screened from view Roof mounted units will be screened via roof configuration, wall extensions either vertical or horizontal All trash areas shall be completely enclosed and screened from view by a structure of a design compatible in design to village building and perimeter landscape Lighting Site lighting selected to minimize visibility and glare from residential areas Overall site light levels will be achieved by a blend of streets and parking lights not to exceed 20' in height Walkway lighting, building lighting, site amenity, sign lighting and vegetation lighting shall be reviewed to make sure it is compatible with the residential quality of the neighborhood Pedestrian Access The country village shall be linked to surrounding residential areas, the elementary school and trails along County Road 12 and 15 by sidewalks and pathways • • • s ,, • • • MEMORANDUM TO Planning Commission FR Steve Russell, Community Development Directorti-- DA August 9, 1996 RE ADOPTION OF AGRICULTURAL PRESERVATION ZONING DISTRICT (CASE NO ZAT-96-3) Under the orderly annexation agreement, lands annexed to the city will be designated agricultural when they are first annexed Since the City of Stillwater does not have an agricultural zoning district, the attached district has been developed The Ag district is proposed as a holding zone for future rezoning consistent with the comprehensive plan land use element Staff would suggest allowing elementary schools in the Ag district as a special use permit This would allow the plan review of the school along CR 12 with a SUP when annexed (or conditioned) Comments on the ordinance from the Stillwater Township Planning Commission are attached for your consideration This ordinance along with the other ordinances on the agenda will have to be certified by a Joint City/Township board before the ordinance is put into effect Recommendation Approval of Agricultural Preservation Zoning District for council approval Attachment Agricultural Preservation District Agricultural Preservation Distnct Purpose The zoning of property as AP, Agricultural Preservation District, is intended to maintain and enhance agncultural operations and preserve agricultural lands utilized for crop production and to serve as a holding zone for lands where phased urban expansion will occur The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas The district is further intended to preserve open space and natural resource areas Permitted Uses No building, structure, land or premises shall be used an no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered except for one or more of the following uses, subject to the development and performance standards below Single family dwellings Agricultural uses Agncultural produce sales Commercial greenhouse Fish hatcheries and aviaries Fishing lakes and picnic groves provided no concession or retail sales shall be permitted Forest and wildlife reservations or similar facilities Fur farming for the raising of fur bearing animals, excluding skunks and civet cats, Riding academies or stables Use Determination Any other uses or activities determined by the planning commission to be of the same general character as the foregoing specially permitted uses and will not impair the future urbanization of the property Height and Area Regulations The maximum height of buildings, the minimum dimension of lots and yards, and the minimum lot area per dwelling permitted on any lot shall be as follows A Maximum height 1 Residences - 2-1/2 stones, not exceeding 35 feet 2 Agricultural structures - 50 feet 3 Accessory structures and uses, other than agricultural structures - 1-1/2 stories, not exceeding 20 feet and not exceeding the height of the main residential structure B Minimum front yard - 50 feet C Minimum side yard - 25 feet D Minimum rear yard - 75 feet E Minimum lot width - 300 feet • • • -, n -1:1) F Minimum lot depth - 300 feet 0 G Minimum lot depth to width ration - 3 1 H Lot area per dwelling - 10 acres • • Building and Unplatted Land A building permit for a residential or nonagricultural building in this district will not be issued until a plot plan showing the proposed building and the land areas to be set aside to accommodate it is submitted and approved by the Director of Community Development Such plot plan may delineate a tract of land which is part of a larger ownership without the filing of a plat, provided the delineated tract is accurately tied to a section or quarter section corner and has access to a public street, road or highway This delineated tract shall be entered on the official zoning map of the city and shall be considered the same as a platted lot for purposes of regulating permits on adjacent land The owners of tracts abutting an existing road, street or highway which has less than city standard width shall present a warranty deed acceptable to the city for that amount of right of way necessary to comply with the city standards prior to the issuance of the building permit Development and Performance Standards A Agricultural uses are permitted with no restrictions as to operation of such vehicles or machinery as are customarily incidental to such uses and with no restrictions to the sale or marketing of products raised on the premises, provided that any buildings, structure or yard for the raising, feeding, pasturing, housing or sale of livestock or poultry shall be located at least 100 feet from residentially zoned land and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of property residentially zoned land B No detached accessory buildings shall be located within the required front yard C All detached accessory buildings located within a side yard shall be set back a minimum of 10 feet from the side lot line in the case of an interior lot or 25 feet in the case of a corner lot D All detached accessory buildings located in the rear yard shall be set back a minimum of 25 feet from the rear lot line r • • MEMORANDUM TO Planning Commission FR Steve Russell, Community Development Directorit--- DA August 9, 1996 RE ADOPTION OF CAMPUS RESEARCH AND DEVELOPMENT DISTRICT (CASE NO ZAT-96-1) The Campus Research and Development regulations are developed to implement the comp plan land use designation for the lands along TH 36 (see attached map) A relative map amendment designates the Bradshaw property CR & D as shown in the Comp Plan Comments from the Stillwater Township Planning Commission on the CR & D District are attached for planning commission consideration The CR & D district will have to be approved by a joint Stillwater City and Stillwater Township Board before the regulations are put in effect Recommendation Approval of CR & D district regulations for council approval Attachment CR & D Ordinance • • • Campus, Research and Development District Permitted Uses Purpose The zoning of property Campus, Research and Development is intended to allow pnmanly a mix of office, research and development and light manufacturing uses with limited retail and service uses in a planned business park setting The district is a planned zoning district designed to provide for low -density, high -quality employment generating development with increased amenities and open space Special Use Permit No building, structure, land or premises shall be used and no building or structure shall be directly constructed , except for the following uses, subject to the development and performance standard listed below Administrative offices associated with other permitted uses Manufacturing, processing, fabrication or assembling of limited commodity except junk or storage Laboratories Printing and publishing Photo processing Research establishment of industrial, medical or scientific nature Chemical laboratories Service uses including advertising, consultant services and engineering, architects and designers Use Determination Any other use or service establishment determined by the planning commission to be of the same general character as the foregoing specially permitted uses and which will not impair the present or potential use of adjacent properties may be permitted Height and Area Regulations The maximum height of buildings and structures and the minimum dimensions of Tots and yards shall be as follows, except as otherwise provided A Maximum height All structures - 35 feet/3 stories B Minimum setbacks 1 All buildings or structures shall be set back a minimum of 50 feet from any public street right of way forming the peripheral property line of the business park 2 All buildings or structures shall be set back a minimum of 30 feet from any internal street right of way 3 All buildings or structures shall be set back a minimum of 75 feet from the property line of any residentially zoned property, where such property is already developed for residential use or is designated residential on the city's comprehensive plan 4 All buildings or structures shall be set back a minimum of 20 feet from any peripheral property line other than a street right of way line or residentially zoned property 5 All parking areas shall be set back a minimum of 20 feet from any street right of way 6 All parking areas shall be set back a minimum of 30 feet from the property line of any residentially zone property, where such property is already developed for residential use or is designated residential use on the city's comprehensive plan 7 All parking areas shall be set back a minimum of 10 feet from any peripheral property line other than a street right of way line or residentially zoned property 8 All buildings, structures or parking areas shall be set back a minimum of 5 feet from the lot line of any lot within the business park where such lot line does not abut a street right of way or the property line of another property other than the business park property Parking and Loading Regulations A Each establishment shall provide sufficient off street parking spaces for all employees, customers, visitors and others who may spend time at the establishment during working hours The number of such parking spaces shall be determined at the time of preliminary development plan approval, but in no event shall there be less than three spaces for each 1,000 square feet of total floor area or portion thereof shown on the plan and in no event shall there be less than 3 8 spaces for each 1,000 square feet of total floor area of office and research buildings A portion of such parking may, at the discretion of the planning commission or governing body, be deferred at the time of preliminary development plan approval B Each establishment shall provide a adequate loading space within a building or in a side or rear yard, in such a way that all storage, standing and maneuvering of trucks shall be off the public right of way • • s • • • C No portion of a parking or loading space, including maneuvering area, except the necessary drives, shall be located closer than 30 feet from a public street right of way Development and Performance Standards A The minimum parcel size of property shall be 5 acres B All operations shall be conducted within a fully enclosed building C There shall be no outside storage of materials, products or equipment other than in trash receptacles which must be completely screened utilizing the same building materials as the main building, unless such outside storage is specifically approved as part of the preliminary development plan E No use shall be permitted or so operated as to produce or emit from a vent, stack, chimney or combustion process any smoke darker than Ringlemann No 1, except that smoke darker than Ringlemann No 2 is permissible for a duration of not more than 4 minutes during any 8 hour period if the source of such emission is not located within 250 feet of residentially zoned property F In no case shall the noise level exceed 80dB(A) at repeated intervals or for a sustained length of the measured at any point along the property line G No activity shall be permitted that creates any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance or which otherwise causes, creates or contributes to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected H The minimum landscaped open space ration for the entire business park shall be 30 percent I No loading dock shall be permitted to face any street unless a screening plan therefore is approved as part of final plan approval Design Permit Design review shall be required for all village commercial uses according to the design review standards MEMORANDUM • TO Planning Commission FR Steve Russell, Community Development Director /— DA August 9, 1996 RE ZONING MAP AMENDMENT APPLYING CR &D DISTRICT TO APPROXIMATELY 20 ACRES WEST OF CR 5 AND NORTH OF TH 35 The zoning map amendment applies to the CR & D zoning district regulations to the 20 acre site The owner of the property would like to proceed with development plans and this is the first procedure step for land development It is important at this point to make sure the owners use of the land is consistent with the comp plan land use designation Recommendation Approval of map amendment to city council Attachment Zoning CR & D amendment map • • 1 1» • • • MEMORANDUM TO Planning Commission FR Steve Russell, Community Development Director /� DA August 9, 1996 RE COMPREHENSIVE PLAN AMENDMENT INCORPORATING ORDERLY ANNEXATION AGREEMENT (CASE NO CPA/96-1) This item would incorporate this adopted orderly annexation agreement in the comprehensive plan The agreement is effect carries out and makes more specific comprehensive plan policy for the expansion area Recommendation Approval of amendment Attachment Orderly Annexation Agreement J U L 2 1996 CAMPBELL, KNUTSON, SCOTT & FUCHS, P A ?c" Attorneys it La rhonr r J (_, Iluhl t II Ro_tr N knunon Thom r N1 Sort G rn G Futh, J unt R W rl ton Elh� tt B kntt,tI Sue inLt. rl'ILL Mr David T Magnuson Magnuson Law Firm 333 North Main Street, Suite 202 P O Box 438 Stillwater, MN 55082 (612) 452 5000 Fix (612) 452-5550 July 2, 1996 Re Stillwater - Annexation Dear Dave Andre \ILL\mt111'otltkr \1 mho% k I3n kl John r ktlh iv1 rr,.utnrt \l \IXC rrron (jtor_t T Sttphtn on HAND DELIVERED Enclosed are two copies of the Orderly Annexation Agreement signed by the Town Board Chairperson and Town Clerk The Agreement was approved by the Town Board on June 27 The Town Board's approval is conditioned upon an effective date of August 15, 1996 or later Also, the last sentence to Section 8 03 relating to mmor subdivisions is new It is my understanding that the Agreement is on tonight's City Council agenda If the Agreement is approved, please contact me tomorrow to discuss its submission to the Municipal Board and other matters relating to its implementation Best regards, CAMPBELL, KNUTSON, SCOTT & FUCHS, P A T omas Scott TMS slc Enclosures cc Stillwater Town Board and Clerk (No Enclosure) Suite 317 • E ig indale Office Center • 1380 Corporate Center Cur\ e • Elgin MN 55121 • • • AGREEMENT BETWEEN THE CITY OF STILLWATER AND THE TOWN OF STILLWATER FOR GROWTH MANAGEMENT, ORDERLY ANNEXATION AND THE EXERCISE OF JOINT POWERS FOR PLANNING AND LAND USE CONTROL THIS AGREEMENT is made this day of , 1996, ("Effective Date") between the City of Stillwater, Washington County, Minnesota ("City") and the Town of Stillwater, Washington County, Minnesota ("Town") and is an agreement relating to growth management and constitutes a "Joint Resolution" between the City and Town authonzed by Minnesota Statutes §414 0325 providing for a procedure and a framework for orderly annexation of a part of the Town to the City This Agreement also provides for the joint exercise by the City and Town of their respective planning and land use control authonty pursuant to Minn Stat 471 59 and Minn Stat 414 0325 (Subd 5) SECTION ONE INTRODUCTION 1 01 Certain land owners within the Town have petitioned the City for annexation and for the extension of municipal utilities Since receiving the petition, the City has undertaken a review of its Comprehensive Plan and has studied the ability of the City to provide services to the area and has concluded that if the area requesting services is developed into urban uses the City would ultimately be benefited by a broadened tax base and a more vital community and that urban growth m the annexation area would benefit the City The Town has participated m a review of the City's Comprehensive Plan and has concluded that it would be beneficial to the Town, and to property owners remaining in the Town after annexation, to enter this Agreement with the City so that the area to be annexed will be developed in an orderly fashion and with the least possible impact on the people of the Town INTENT 1 02 The parties to this agreement intend it to be binding with all the nghts, privileges, and obligations attached thereto Both parties intend to be bound by this agreement and shall not violate its terms Neither party shall exercise any legislative authonty either now existing or which may be later created m a way which violates the terms of the agreement Both parties understand that they may not limit the power of the legislature over annexation, and such is not their intent Instead, the parties agree to refrain from exercising any legislative authonty, now or into the future, m a way that would violate the terms of this agreement 35667 01F 05/23/96 -1- INCLUSION INTO COMPREHENSIVE PLAN 1 03 Within sixty (60) days of the City's adoption of this Joint Resolution, the City shall adopt and forward to the Metropolitan Council a Comprehensive Plan Amendment incorporating the Orderly Annexation Agreement mto the City's Comprehensive Plan SECTION TWO ORDERLY ANNEXATION AREA 2 01 The property described in Exhibit "A" that is subject to annexation by the City pursuant to this Agreement will constitute the "Orderly Annexation Area" This area includes all that area of the Town not now within the City that hes North of Highway 36, East of County Road 15 and South of Highway 96, except for that portion of the Town that hes North of the nght-of-way of the Minnesota Zephyr Track and East of the Oak Glen development The Orderly Annexation Area is designated as m need of orderly annexation and no consideration by the Minnesota Municipal Board is necessary, no alteration of the boundaries is appropriate, and all conditions of annexation have been provided for m tlus Resolution and the Minnesota Municipal Board may review and comment only and within thirty (30) days of receipt of this Resolution and each subsequent phase as described m this Agreement upon the filing of a Resolution as descnbed in this Agreement SECTION THREE PHASING SCHEDULE 3 01 The Town and City agree that phasing the growth envisioned for the annexation area would benefit the City by reducing the financial risk of extending core facilities into the Orderly Annexation Area by extending such facilities gradually rather than at one time This would also allow for the burden unposed by the growth to be gradually born by the City so that the level of services needed by the new development could be supplied on a gradual and phased basis The Town has agreed that a phased development plan as envisioned by this Agreement would benefit the Town by phasing the impact of lost tax base on the remaining Town government and easing financial and lifestyle burdens that an immediate annexation of the entire area would impose on Town residents For the purposes of this Agreement, the Orderly Annexation Area will be divided mto four (4) phases descnbed as follows Phase I Descnption 3 02 Phase I contains that property described m Exlubit "B", generally descnbed as that part of the Town that is South of County Road 12, East of County Road 15 and North of Highway 36, except for the following property that will remain as Phase IV property unless Annexation is requested by the property owner pursuant to Section 4 08 herein 35667 01F 05/23/96 -2- 0 • a The Bergman Farm, 1205 - 60th Street North Parcel Numbers 31-030-20-32-0001 and 31-030-20-34-0001 Owners Alvin and Helen Bergman b 1223 - 62nd Street North Parcel Number 31-030-20-34-0002 Owner Paul Bergman c 7143 Manning Avenue Parcel Number 30-030-20-33-0001 Owners Robert M and Ann S Jordan d 7135 Manning Avenue Parcel Number 30-030-20-33-0002 Owners Ralph E and Kunberly A Stowell e 6731 Manning Avenue Parcel Number 31-030-20-23-0001 Owner Rosalie Gadient The Phase I also includes the Stillwater Golf Course The approximate population of the Phase I area is Phase II Descnption 3 03 The Phase II property is the property descnbed in Exhibit "C" commonly referred to as the Abramowicz Farm property, Rivard property and Newman property Phase III Descnption 3 04 The Phase III property is the property descnbed m Exhibit "D" and commonly referred to as the Palmer Farm property This Agreement will not obligate the City to provide adjacency between the present City and the Palmer property and it will be the obligation of the Developer to provide adjacency before the Resolution on Phase III is enacted Phase IV Descnption 3 05 The Phase IV property is that portion of the Orderly Annexation Area that is not mcluded m Phases I, II or III 35667 01F 05/23/96 -3- SECTION FOUR TIMING OF ANNEXATION OF PHASES 4 01 Under no circumstances will the growth m the Orderly Annexation Area exceed a cumulative total of 120 dwelling units per calendar year measured from the year 1996 as year one This limitation shall apply to the issuance of building permits The City shall provide a wntten report to the Joint Board on July 15 and January 15 of each year commencing in 1997 identifying the number and location of building permits for new residential dwelling units issued during the previous six months 4 02 Phase I property will be annexed to the City after the execution of this Agreement The Municipal Board shall order annexation of the Phase I property within thirty (30) days following receipt of thus Joint Resolution 4 03 Phase II property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 1999 4 04 Phase III property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2002 4 05 Phase IV property may be annexed by the City filing a Resolution with the Minnesota Municipal Board any time after January 1, 2015 4 06 The City may annex Phase II property pnor to January 1, 1999 provided that the accelerated growth does not exceed the one hundred twenty (120) dwelling units per year limitation 4 07 The City may annex Phase III property prior to January 1, 2002 provided that a) the accelerated growth does not exceed the one hundred and twenty (120) dwelling units per year lumitation, and b) that seventy-five percent (75 %) of the net developable area of Phase I property annexed to the City has been platted and developed into occupied residential dwellings 4 08 The City is free to deny an annexation or extend the timmg of a phase at any time at its sole discretion This Agreement does not confer any nghts upon any individual property owner to require the City to annex his or her property 4 09 As an exception to the Phasing Schedule, the City may annex property not described m Phases I, II or III by Resolution if the property is adjacent to the City, is petitioned for by one hundred percent (100%) of the property owners within the area to be annexed and if the resulting annexation will not create a level of growth that exceeds the one hundred twenty (120) dwelling units per year limitation 35667 O1F 05/23/96 -4- • SECTION FIVE COMMERCIAL AND OTHER DEVELOPMENT 5 01 Commercial Development within the Annexation Area will be limited to the 6 3 acres of commercial property at the southeast quadrant of CS A H 12 and CS A H 15, and the Bergman and Bradshaw property along Highway 36 between County Road 5 and County Road 15 These are the only properties designated for commercial use m the City's Comprehensive Plan 5 02 Within sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to mclude a separate zomng classification that will be descnbed as "Village Commercial Zoning" or "Neighborhood Commercial" with separate guidelines, standards and design cntena designed to meld the 6 3 acre commercial area into the rural setting of the adjacent residential property remaining m the development and the Town as descnbed m Exhibit "E" 5 03 Withm sixty (60) days of the City's adoption of this Joint Resolution, the City will amend its Zoning Ordinance to include a separate zomng classification for the Bergman and Bradshaw properties to be known as the "Research and Development District" that will have standards and cntena consistent with the classification described m the Comprehensive Plan The district will house office, light industrial and service uses in a coordinated planned umt development campus setting 5 04 Agriculture will continue to be a permitted use m the areas re -zoned pursuant to this Section SECTION SIX ASSESSMENT AND UTILITY POLICY 6 01 Concurrent with the adoption of this "Joint Resolution", the City Council will adopt an assessment policy that will protect new City property owners who are neither subdividing their property nor requesting municipal services from special assessments and utility charges for sanitary sewer, storm sewer, water and street upgrading The policy shall be as follows a Except as set forth m Section 6 04, no property will be assessed for sanitary sewer or required to pay sanitary sewer hook-up or utility charges if the property is not connected to public sanitary sewer b Except as set forth in Section 6 04, no property will be assessed for municipal water or required to pay water hook-up or utility charges if the property is not connected to the mumcipal water system c No property will be assessed for storm water improvements or required to pay storm water hook-up or utility charges prior to subdivision of the property 35667 01F 05/23/96 -5- d Any property which hooks -up to City sanitary sewer shall pay a hook-up charge which will not exceed Twenty -Five Hundred Dollars ($2,500 00) The $2,500 limit shall be mclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook-up to the system e Any property which hooks -up to City municipal water system shall pay a hook-up charge which will not exceed Twenty -Five Hundred Dollars ($2,500 00) The $2,500 limit shall be inclusive of all trunk or core facilities, laterals and other public costs associated with the installation of and hook-up to the system f Property which is not being subdivided will not be assessed for the cost of street improvements necessitated by development occurring within the orderly annexation area However, if the street is substandard at the time of the improvement, the property may be assessed an amount equal to the assessment that would have been levied by the Town, if any, under the Town assessment policy in effect prior to the annexation of Phase One The property may be subject to additional deferred assessments payable if and when the property is subdivided "Substandard" is determined by Township standards in effect pnor to the annexation of Phase I g If a property hooks up to City sewer or water it will be charged for one hook- up as per Section 6 01 d and e regardless of whether the property can be further subdivided Additional hook-up charges will be due at the time the property is subdivided based upon the hook-up charges m effect at that time 6 02 Concurrent with the City's adoption of this "Joint Resolution", the City will adopt a sanitary sewer and water hook-up policy which includes the following provisions relating to property within the orderly annexation area a Pnor to subdivision of the property, no property owner will be required to hook-up to the City's municipal water system b Prior to subdivision of the property, no property owner will be required to hook-up to the City's sanitary sewer system unless hook-up is mandated by State Statute or Minnesota Pollution Control Agency (MPCA) regulation and enforcement action is uutiated A property owner will be permitted to upgrade or replace a failing system m accordance with MPCA standards The City ordinance will not impose regulations that are more stringent than those required by the MPCA 6 03 This section does not require the City, if requested to by a Property Owner, to extend sanitary sewer service to property which has a failed on -site system if the extension is not feasible or cost effective 6 04 The benefits and limitations set forth in this Section do not apply nor are they for the benefit of owners who subdivide their property 35667 01F 05/23/96 -6- • 6 05 The limitations m Sections 6 01 d and e will be annually adjusted commencing January 1, 1997 based upon the Consumer Pnce Index for Urban Consumers (CP-U) SECTION SEVEN REAL ESTATE TAXATION 7 01 Rural Tax Rate Adjustment It is recognized that there is a significant difference between the City's municipal percent of tax capacity rate, which is approximately 35 percent for the calendar year 1996, and the Town's existing percent of tax capacity rate of 17 percent and that to require property that is brought into the City against the wishes of a property owner to pay the full municipal rate would be burdensome The City, therefore, will concurrent with the City's adoption of this "Joint Resolution" amend, subject to the second reading required by City Charter, its Rural Service Taxing Distract Ordinance to include a A rural service distract that will include only parcels that are not connected to municipal sewer or water services b A rural service tax rate that will be set at seventy-five percent (75 %) of the City Urban Service Distract rate c Pursuant to Minn Stat 414 035, for parcels that have not requested annexation, the uutial rural service tax rate in the year of annexation will be Fifty percent (50%) of the urban rate, with the percentage being increased five percent (5 %) each year to the seventy-five percent (75 %) rural service rate 7 02 Tax Rate Adjustment for Parcels Not Requestmg Annexation Pursuant to Mmn Stat 414 035, for parcels that have not requested annexation and do not qualify for the rural service taxmg distract, the uutial urban tax rate m the year of annexation will be fifty percent (50%) of the urban rate, with the percentage being increased 10 percent (10%) each year for five (5) years to the full urban rate 7 03 Tax Payment to Town During the term of this Agreement, taxes received by the City based upon the tax capacity generated from any area annexed in the year of annexation will be paid over to the Town and thereafter the amount to be paid to the Town will be reduced by twenty percent (20%) each year until the amount reaches zero (0), when taxes based upon the full tax capacity will remain with the City For the purpose of this section, any increase m tax capacity over the tax capacity generated m the year of annexation will remain with the City 7 04 Year of Annexation If the annexation becomes effective on or before August 1 of any year, the City may levy on the annexed area beginning with that year If the annexation becomes effective after August 1 of any year, the Town may continue to levy on the annexed area for that year, and the City may not levy m the annexed area until the following year 35667 01F 05/23/96 -7- SECTION EIGHT JOINT PLANNING AND LAND USE CONTROL 8 01 The purpose of this section of the Agreement is to provide for the Jomt exercise of governmental authority by the City and Town pursuant to Minn Stat 471 59 and 414 0325, Subd 5 m order to insure orderly development within the annexation area m accordance with this Orderly Annexation Agreement and the City's Comprehensive Plan 8 02 The powers set forth herein shall be exercised by a four (4) member board consisting of two (2) City Council members appomted by the City and two (2) Town Board members appointed by the Town Board of Supervisors 8 03 The Jomt Board will review official controls necessary to regulate development of property and development applications within the Orderly Annexation Area before its annexation by the City m order to insure that the property remains in a status available for development into urban density residential uses in accordance with the City's Comprehensive Plan The area north of the railroad tracks and east of the Oak Glen development and south of Highway 96 shall remain m the present conservency zonmg classification now m effect m the area A zoning classification for the Bergman farm that is the same as the City's Research and Development Zoning Distract will be adopted m order to protect the area from development that would prevent or frustrate the eventual urban development of the farm as an Urban Research and Development Center Nothing m this subsection shall preclude the Town's approval of a subdivision of a parcel of land into three or fewer lots with a minimum lot size of 2 5 acres 8 04 As to property within the Orderly Annexation Area after its annexation mto the City, the Joint Board shall have the following delegated powers a Approve amendments to the City's Comprehensive Plan relating to the Orderly Annexation Area, b Approve the initial adoption of, amendments to, or vanances from the City's official controls relating to the Orderly Annexation Area c Approve any special assessment and sanitary sewer and water hook-up ordinance or policy and any amendments for consistency with Section Six d Approve the Rural Service Taxmg District ordinance or any amendments thereto, for consistency with Section Seven herein e Review and comment on the consistency of any development application with City's Comprehensive Plan and Orderly Annexation Agreement f All matters subject to approval by the Joint Board as set forth in §8 04 (a), (b) or (c) shall be processed in the same manner by the City as any other such • 35667 01F 05/23/96 -8- • matter Any required public heanng before the City Planning Commission or City Council shall also be noticed as a public hearing before the Joint Board g Final action by the City relating to matters descnbed in §8 04, -Subd (a), (b), (c) or (d) may not be taken unless the Joint Board certifies approval of the action If the Joint Board fails to certify approval, the Joint Board Members shall designate a qualified neutral from the Minnesota Supreme Court Certified Neutrals list to conduct Alternative Dispute Resolution ("ADR") m the form of mediation/arbitration ("Med-Arb") or such other agreed upon ADR format If mediation fails, the Neutral will issue a recommended decision The Joint Board will adopt Findings of Fact and Decision consistent with the Neutral's recommendation and supported by the administrative record developed by the City and Joint Board The Neutral shall base the recommended decision on the City and Joint Board administrative record, any applicable provision of the Orderly Annexation Agreement and legal principles which the Joint Board and City are required to follow in determining the matter at issue h Development applications subject only to review and comment by the Joint Board pursuant to Paragraph 8 04(e) herein shall be processed in the same manner as all other development applications except as follows (1) The Joint Board shall meet before the Planning Commission completes its consideration of the application Minutes of the Joint Board's discussion of the application shall be included in matenals submitted to the Planning Commission No public hearing need be conducted at the Joint Board meeting, (2) The Town Board representatives on the Joint Board shall be ex officio members of the City Planning Commission when any development application subject to the Joint Board's review and comment is being considered, and shall be provided with all staff reports and other documentation provided to City Planning Commission members 8 05 "Official controls" means ordinances, regulations and policies which control the physical development of the city and use of land, or any detail thereof and implement the general objectives of the comprehensive plan, including ordinances establishing zoning, subdivision controls, site plan regulations and official maps 8 06 The Jomt Board will not be responsible for any staff time, consultant expenses or other costs incurred by the City and Town in connection with the processing and review of any matter which requires approval by the Joint Board The Town and City will be responsible for paying their own employees, consultants and Joint Board members Any expenditure incurred by the Joint Board, including the appointment of a Neutral to conduct ADR proceedings, if necessary, shall be apportioned seventy-five percent (75 %) to the City and twenty-five percent (25 %) to the Town 35667 01F 05/23/96 -9- 8 07 This Joint Powers Agreement shall terminate concurrently with the Orderly Annexation Agreement on January 1, 2020, except as follows As to the matters set forth m Section 8 04 (b), (c) and (d) herein, the Joint Powers Agreement shall remain m effect so long as there are any Phase IV properties that are still entitled to the protection of Sections Six and Seven herein, pursuant to Section 16 01 herein 8 08 Concurrent with the City's adoption of this Joint Resolution, the City shall amend, subject to the second reading required by City Charter, its zoning ordinance to provide that property is zoned agricultural upon its initial mclusion into the City upon annexation The Agncultural zone shall not allow any non-agricultural commercial use The owner of any property proposed to be annexed pursuant to Section 4 09 which has an existing non-agncultural use shall agree to terminate the use as a condition of annexation Nothing herein precludes the City, subject to Joint Board approval pursuant to Section 8 04 (b) herein, from rezoning the property to another use at the time of or subsequent to its annexation SECTION NINE PERFORMANCE STANDARDS 9 01 The City agrees to develop Performance Standards for developers who work within the Orderly Annexation Area The standards will measure developer performance in the areas of financial responsibility, protection of the environment during construction, construction traffic management, compliance with established time tables and responsiveness to citizen complaints Each developer will be reviewed annually for compliance with these standards and the City will develop a system to sanction developers who fail to meet standards SECTION TEN INCLUSION OF JOINT TASK FORCE RECOMMENDATIONS 10 01 To the extent feasible and permitted by law, the City agrees to include the recommendations of the Joint City/Town Planning Task Force within the ordinances and policies of the City These recommendations are adopted and made a part of this Agreement as Exhibit "F" SECTION ELEVEN ENVIRONMENTAL AND OPEN SPACE PRESERVATION 11 01 The City agrees that environmental assessment worksheets will be required at each critical stage of any development review process as required by the Rules of the Minnesota Environmental Quality Board Further, the recommendations developed by the Stillwater Area Open Space Committee will be implemented when feasible and the guidelines for protection of open space and the environment within the Orderly Annexation Area will be followed when feasible or when permitted by law The Stillwater Area Open Space Committee Report prepared by Kathryn Malody, 35667 O 1 F 05/23/96 -10- • r • Botanical Consultant, dated August 1995 is adopted and made a part of this agreement as Exhibit "G", and the recommendation set forth in the study for sites within the Orderly Annexation Area must be made available to the Planning commission and City Council when any planning review is made of any proposed development within the Orderly Annexation Area SECTION TWELVE INFRASTRUCTURE INSTALLATION WITHIN THE TOWNSHIP 12 01 When sewer and water trunk facilities will be extended through Town area in order to serve phases of the Orderly Annexation Area that are ready for urban development, the City agrees to notify the Town Board of the development plans The City will copy the Town Board on any correspondence with Town property owners relating to easements or nght-of-way acquisitions SECTION THIRTEEN MAINTENANCE OF EXISTING INFRASTRUCTURE WITHIN TOWN 13 01 The Town will continue to mamtam streets and other public improvements in the Annexation Area so long as they remain m the Town If improvements are required in this area which are not necessitated by growth m the City Annexation Areas, the City will pay to the Town a portion of the cost of the improvement which extends the useful life of the improvement beyond the time at which the street or other improvements is projected to be annexed into the City The City's portion of the cost will be prorated based upon the followmg formula Useful Life After Cost of Improvement x Projected Annexation Date = City's Share Total Useful Life 13 02 If public improvements are required m the Orderly Annexation Area that remain in the Town and are necessitated by the growth occurring in an area annexed pursuant to this Agreement, the City shall pay the cost of the improvements, except for an amount approxunating the cost of maintaining (e g patchmg, sealcoating, and overlays) the street to a Township rural standard under the policy m effect pnor to the annexation of Phase One based upon average daily traffic that existed pnor to Phase One This amount will be the Town's responsibility 13 03 Road maintenance costs for the Orderly Annexation Area remaining in the Town will be shared based upon the City assuming road maintenance cost increases over the base year 1995 The amount of maintenance costs equal to the base year 1995, annually adjusted by the appropriate construction cost index, will continue to be the responsibility of the Town 35667 01F 05/23/96 -11- SECTION FOURTEEN MODIFICATION 14 01 This Agreement may be modified at any time by written agreement approved by both the City and the Town, provided that the Resolution approving the modification be approved by 4/5ths vote of both the City and the Town SECTION 14 it"1'EEN GENERAL PROVISIONS 15 01 The words "shall" or "will" are mandatory The word "may" is permissive 15 02 If any provision of this agreement is declared invalid, for any reason, by a court of competent jurisdiction, the validity of the remauung terms and provisions shall not be effected and the agreement shall be construed and enforced as if the agreement did not contain the particular term or provision held to be invalid SECTION SIXTEEN TERMJNATION 16 01 This Agreement will terminate on January 1, 2020 in all respects, except that any Phase IV properties annexed subsequent to January 1, 2015, shall be entitled to the protection of the provisions of Sections Six and Seven for a period of five (5) years after the year of annexation CITY OF STILLWATER TOWN OF STILLWATER By By C./Art& i4 ' Jay L Kimble, Its Mayor hairman of Its Boar of Supervisors ATTEST ATTEST 1111: eLl Morli Weldon, Its Clerk Pat Bantle, Town Clerk 35667 01F 05/23/96 -12- • 10 1996_ 1 31PM---MCCOMBS FRANK ROSS McCombs Frank Roos 15050 23rd Rve N Plyaouth, PIN 55447 612/476-6010 Fax 612/4764532 Associates, Inc Engineers Planners Surveyors 6168 P 2/6- Orderly_ Annexation Area CITY & TOWNSHIP OF STILLWATER ORDERLY ANNEXATION AGREEMENT fun 10 1996— 1 31Pbl--SrCCOMBS FRANK ROSS at a^ McCombs Frank Roos flssoclates, Inc IS0S0 23rd Ave N Plyaouth, MN 55447 Engineers 612/476-6010 Planners .....__N o 616 8...LP 3/6 t 1 EID "S1 CITY & TOWNSHIP OF STILLWRTER ORDERLY ANNEXATION ,_,_,.Jun j0 1996„ 1 31PM„_J(CCOh(BS FRANK ROSS No 6168P 4/6 1 a.ra ♦ 7w .nn, �- i(i�l? PAN/ + i two 7950 i AGlaw ,, A) .•K, �•�'Cty. Road #64 (McKusick 4 E0..3070J sroo �E McCombs Frank Roos Rssaciates, Inc 15050 23rd fire M Plyrauth. !1N 5544? Engineers 612/476-6010 Planners z 2250 27so 2a30 a. EXHIBIT CITY & TOWNSHIP OF STILLWATER ORDERLY ANNEXATION "'dun 10 1996 1 32PM--" MCCOMBS FRANK ROSS 1T11 #96 sR •- Rn ?9G 0 .n .. 1 0 1 . Q .. r4 C . Road #64 (McKusick) 1t„ ; ? H Z� 1 No 6168P 5/6 •a ellwood Road 80th Street McCoabs Frank Roos 15050 23rd Ave. N Plymouth, NH 5544? 612/476-6010 r rInie'�C..QC7� Assoc -lutes. Inc Engtneers Planners Snrrllvn�+; irwsE- s moss Vote EXHIBIT D CITY & TOWNSHIP OF STILLWRTER ORDERLY ANNEXATION • • • • • MEMORANDUM fer✓ TO Planning Commission FR Steve Russell, Community Development Director DA August 9, 1996 RE REVISION TO PARK AND TRAILWAY DEDICATION POLICY The revised policy has previously been before the planning commission and parks and recreation board The action before the commission is to recommend its approval to the city council The policy is amended to implement the comprehensive plan parks and trailway policy and to bring the standards in line with current park needs Recommendation Approval of Parks and Trailways Policy for recommendation to the city council Attachment Parks and Trailways Dedication Policy CITY OF STILLWATER PARK AND TRAIL DEDICATION POLICY POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED WHICH IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARK, TRAIL OR RECREATION PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OF DEDICATION 1 AUTHORITY The state of Minnesota has enacted Minnesota Statutes 462 358, subdivision 2(b) which gives authority to the Cities to require that a reasonable portion of any proposed subdivision be dedicated to the public, or preserved for public use as parks, playgrounds, wetlands, trails or open space The City of Stillwater has, by this dedication policy, chosen to exercise this authonty in establishing minimum requirements for meeting this public need 2 PURPOSE The City Council recognizes that preservation of land for park, playground, wetland, trails, and public open space purposes as it relates to the use and development of land is essential to maintaining a healthful, safe and desirable environment The City must not only provide these necessary facilities for citizens of today, but also for the future needs of the City as descnbed in the Comprehensive Plan It is recognized by the City Council that the demand for park, playground, to wetlands, trails and public open space within a municipality is directly related to the density and intensity of development permitted and allowed within any area Urban development means greater 1 • • • • numbers of people and higher demands for park, playground, wetlands, trails and public open space The Park Plan Standards of the City, an element of the Comprehensive Plan, has established muumum community cntena for meeting the needs of the residents of Stillwater In order to meet the community needs for parks, playgrounds, wetlands, trails and open space, ten (10) acres of such land is required for each 1,000 residents of which seven (7) acres shall be designated as neighborhood parks Neighborhood parks have a service area of one -quarter mile This shall be the standard upon which the City shall establish its park land and parks cash dedication It is the policy of Stillwater that the following guidelines for the dedication of land for park, playground and public open space purposes (or cash contributions m lieu of dedication) in the subdividing and developing of land are appropriate 3 RESIDENTIAL PARK LAND DEDICATION The amount of land to be dedicated shall be based on the net developable land area of the proposed subdivision, proposed type of dwelling unit and density The 1990 census data for households mcludes 2 8 persons per household The formula for land dedication The greater of 1) proposed units per acre or 2) zoned density Dwelling Unit Density Land to be Dedicated 0 - 1 9 units per acre 10% 2 0 - 3 5 units per acre 11 % 2 3 6 - 5 9 units per acre 12% 6 - 10 units per acre 13% 10+ units per acre Additional 5% for each unit ON er 10 Commercial 7 5% of net land area 4 RESIDENTIAL TRAIL REQUIREMENTS Residential subdivider shall pay a fee of $225 per residential dwelling unit for trails This payment is required whether or not the subdivider is required to construct trails 5 GUIDELINES FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES A Land proposed to be dedicated for public purposes shall meet the needs of the City as described in the Stillwater Comprehensive Plan B Prior to dedication, the subdivider shall deliver to the City Attorney, an abstract of title or registered property abstract evidencing good and marketable title, free and clear of any mortgages, hens, encumbrances, assessments and taxes The conveyance documents shall be in such form acceptable to the City C The required dedication or payment of fees -in -lieu of land dedication shall be made before final plat approval D The removal of trees, topsoil, storage of construction equipment, burying of construction debris or stockpiling of surplus soil on dedicated land is strictly forbidden without the prior written review by the Parks and Recreation Board and approval of the Community Development Director 3 e • • • • E Grading and utility plans, which may effect or impact the proposed park dedication, shall be reviewed and approved by the Community Development Director and Parks and Recreation Board prior to dedication F To be eligible for park dedication credit, land dedication is to be located outside of drainways, flood plains or ponding areas after the site has been developed Grades exceeding 12 percent or that are unsuitable for park development may be considered for partial dedication Absent unusual conditions, storm water drainage areas and holding areas or ponds shall not be considered wetlands However, where wetlands have been determined to have a park function by the Parks and Recreation Board, credit may be given at a rate of 25 percent of the pond or holding area and adjoining land areas below the high water level, a minimum of 70 percent of land above the high water mark or 100 year flood plain shall be dedicated before pond or holding area credit is granted In addition, developers must also , comply with City dedication policies relating to wetland dedication Where subdividers and developers of land provide significant amenities such as, but not limited to swimnung pools, tennis courts, or ball fields, within the development for the benefit of those residing or working therein, and where, in the judgement of the Parks and Recreation Board, the amenities significantly reduce the demands for public recreational facilities to serve the development, the Community Development Director may recommend to the Parks and Recreation Board that the amount of land to be dedicated for park, playground and public open space (or cash contribution in lieu of dedication) be reduced by an amount not to exceed 50 percent of the amount calculated under paragraph 2 above G The City, upon review, may determine that the developer shall create and maintain some form of on -site recreation use by the site residents such as tot lots and open play space This requirement may be in addition to the land or cash dedication requirement 6 CASH PAYMENT IN LIEU OF DEDICATION, RESIDENTIAL If, at the option of the City upon review and recommendation of the Parks and Recreation Board, it is determined that a cash payment in lieu of land dedication shall be made, the cash shall be placed m a special fund for Parks and Recreation use and deposited by the developer with the City pnor to final plat approval The in lieu park fee shall be based on the following guidelines Single Family Residential $725 per unit Duplexes $500 per unit Townhomes $500 per unit Multifamily $500 per unit 7 COMBINATION LAND AND CASH DEDICATION The city may require the subdivider or developer to make a combination cash and land dedication pursuant to the following formula A The amount of land which could be required in accordance with Section 3 shall be calculated 5 • • • • • B From the total calculated in subparagraph (A) above, the actual amount of land the city determines to be needed to fulfill the purposes of this Subd 6 shall be subtracted C The balance arrived at in subparagraph (B) above, shall be converted into a cash contribution in lieu of land dedication pursuant to a standard formula established by the city, which formula takes into consideration such things as, but not necessarily limited to, the fair market value of the property in the plat, subdivision or development and the percentage of the total park dedication obligation represented by the said balance 8 INDUSTRIAL/COMMERCIAL DEDICATION REQUIREMENTS Subdividers and developers of commercialhndustnal land, including commercial/industrial portions of Planned Developments, shall be required at the tune the site plan is approved and building permits are issued to dedicate to the City for park, playground and public open space purposes, 7 0 percent of the net land area within the development as determined by the City according to the guidelines set forth in Section 3 of this policy 9 CASH PAYMENT IN LIEU OF DEDICATION, COMMERCIAL AND INDUSTRIAL In those cases where the City does not require park or open space within a development, the City shall require payment of fees in lieu of land dedication in an amount equal to the net land area required in Section 3 above Cash shall be contributed at the time of approval of each final plat or at the time of site plan or building permit approval as determined by the City A credit of up to 25 percent of the required dedication may be allowed by the City Council 6 for on -site storm sewer, water, ponding and settling basins provided that such improvements benefit identifiable park and recreation water resources as recommended by the Parks and Recreation Board The City Council, upon review and recommendation of the Parks and Recreation Board, may review and determine by resolution an adjustment to the fee based upon the City's estimate of the average value of undeveloped land in the City 10 REQUIRED PLAN AND IMPROVEMENTS TO PARKS The developer or subdivider shall be responsible for preparing a concept park plan or trail plan based on the Parks, Open Space and Trails Plan as identified in the Comprehensive Plan as approved by the Parks Board, and for making certain improvements to their developments for parks, playgrounds and public open space purposes as follows A Provide finished grading, appropriate ground cover or sodding for playground, paved trails and penmeter landscaping B Establish park boundary corners for the purpose of erecting park limit signs The developer shall contact the appropriate Parks and Recreation Department personnel for the purpose of identifying park property corners C Provide sufficient improved public road access of no less than 300 feet for neighborhood parks and additional frontage for community parks 7 Q 0 Q • • MEMORANDUM TO Planning Commission FR Steve Russell, Community Development Director DA August 9, 1996 RE TROLLEY COMPLAINT IL - Since the last meeting, the person who complained about the trolley has been contacted They are satisfied with the current operation of the trolley Staff will continue to monitor the situation and try to better define the city's authority regarding trolley routing /PLAT AREA EXISTING RESTROOM 1 • \ , ` sst`ii,"*SSIlt:;%:: ,,,reN • • . 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STAIR HISTORICAL \ MANSION INTERPRETATION FOUNDATION --„DEMARCATION LIGHT r //// / /// /// �/ / , / , 1,,//, / / ,/ ,/ ,/, / r 1 ! i / /1 ! / / /i , / /// / 1/, ,/ / / , /, / / / //, , , / / ,/, /'[ ,, / ; / / , / % 1 / PIONEER PARK MASTER PLAN STEFAN/LARSON ASSOCIATES 5196 1" a 40'-On ROBERT H WILLIAMS R L.A. _ f�= el MEMORANDUM • Date August 9, 1996 To Planning Commission From Sue Fitzgerald Re Pioneer Park Master Plan The consultants hired by the City, Stefan /Larson Associates and Rob Williams, will present the final master plan for Pioneer Park for councils approval Background July 13, 1995 - Council granted authorization to city staff to receive bids for consultant services to prepare a master plan for Pioneer Park The authorization was prompted by a donation of $100,000 for play equipment specifically for that park October 2, 1995 - Stefan/Larson Associates and Rob Williams were retained from the bid finialists to address a Park Design b Historical Context c Archaeological Investigation d Landscaping e Park Activities f Lower Park Use g Trial System h Maintenance October 11 & 12 1995 - The Institute of Archaeology (IMA) conducted digging at the park December, 1995 - Committee meeting December, 1995 - Topographic survey of park completed February 13, 1996 - Committee meeting, concepts reviewed February 22, 1996 - First public meeting and questionnaire made available for public input April 29, 1996 - Committee meeting, revised plan and cost options May 15, 1996 - Committee meeting, review design development and materials May 29, 1996 - Public meeting - present final plan for review June, 1996 - Prepare cost estimates Committee and city staff final review Final document revisions July 1&, 1996 - Presentation to City Council for approval Plan was approved August 12, 1996 - Approved plan will be presented at meeting Michael E Balay AIA I n d f a n a p o l i s I n d i a n a 6801 Lake Plaza Drive Suite C 305 Indianapolis Indiana 46220 (317) 845 9402 7-24-96 City of Stillwater Planning Commis,,ion { i ALA Y t r'i:r Imanna a c4 1 If, 477 �` ► Mark S Balay RA S t f 1 1 w a t e r M f n n e s o t a 226 East Myrtle Street Stillwater Minnesota 55082 (61 2) 430 3312 Re Andiamo Enterprises Graphic Design Signage SUP We are submitting for your review the attached drawings of a proposed Graphic Design Sign for the South Elevation of the forms UBC building at the southeast entry on Nelson Alley The East side of the building has been successfully painted with a HPC approved Mural based on l9th century Stillwater Historic Advertisements in keeping with this theme, we are proposing the enclosed mural approach for signage for the boat company catering , and banquet facility, which will operate in this building Fhc actual signage of the graphic is 58 6 square feet on 139' of frontage and has been reviewed by the HPC for sign permit requirements The fact that this mural advertises an occupant and existing business requires your issuance of an SUP Thanks in advance for your time and consideration of this matter I 8 aurrwsYtt 11rMR'R1S7" NO ISSA . 24 •,vt.