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HomeMy WebLinkAbout1996-11-18 CPC PacketZoning Zone �-Dx 5 ' ter a 1 D THE BIRTHPLACE OF MINNESOTA PLANNING COMMISSION CITY OF STILLWATER 216 NORTH FOURTH STREET NOTICE OF MEETING The Stillwater Planning Commission will meet on Monday, November 18, 1996, at 7 p m in the Margaret Rivers Room at the City Public Library, 223 North Fourth Street Approval of Minutes of October 14, 1996 AGENDA 1 Case No SUB/96-70 A minor subdivision to divide an existing parcel into two lots of 2 36 and 1 37 acres located just east of Baker's Square on the TH 36 Frontage Road in the BP-C, Business Park Commercial District Robert Brackey, applicant 2 Case No SUB/96-71 A minor subdivision to resubdivide (swap lands) the property located at 12811 62nd Street just west of the corner of CR 5 and TH 36 in the Campus Research and Development (CR &D) ',District James Bradshaw, applicant 3 Case No V/96-72 A variance for a 297 square foot accessory budding (120 square feet required) located at 820 North Owens Street in the RB, Two Family Residential District Roger Tomten, applicant 4 Case No SUB/96-73 A subdivision of the Maple Island property into four lots of 13,000, 4,600, 4,600 and 16,500 square feet located at 219 North Main Street in the CBD, Central Business District Tim Stefan, applicant 5 Case No SOA/96-1 Comprehensive revision of subdivision regulations to bring the regulations into conformity with the newly adopted Comprehensive Plan City of Stillwater, applicant 6 Case No ZAT/96-4 Modification of RA and RB zoning regulations regarding commercial uses (home occupations) in residential areas City of Stillwater, applicant 7 Other items 1 Long Lake Association CITY HALL 216 NORTH FOURTH STILLWATER MINNESOTA 55082 PHONE 612 439 6121 PLANNING COMMISSION • Oct 14, 1996 Present Jerry Fontaine, chairman Glenna Bealka, Dave Charpentier, Kirk Roetman, Don Valsvik, and Terry Zoller Others Steve Russell, Community Development Director Absent Thomas Wiedner and Darwin Wald Chairman Fontaine called the meeting to order at 7 p m Mrs Bealka, seconded by Mr Zoller, moved approval of the minutes of Sept 9, 1996, all in favor Case No. V/96-59 A variance to the sign ordinance to place a second sign at ProEx Photo, 1960 Market Drive, in the BP-C, Business Park Commercial District Chuck Lieberg, All-Brite Signs Inc , applicant Sue Potter, regional manager for ProEx, was present for the discussion She said the requested sign is needed to improve the visibility of the i drive-thru Mr Russell explained that a sign program for the center was approved before it was known what tenants would occupy the buildings The approved sign program does not provide for a sign in the location requested by ProEx The intent of the sign program, Mr Russell explained, is to avoid incremental additions to signage at the center such as is being requested Mrs Bealka moved approval as condition, the motion died for lack of a second Mr Roetman, seconded by Mr Zoller, moved to deny the request based on the previously approved sign plan, motion based unanimously Case No V/96-60 A variance to the sign ordinance to place a free standing sign, 7' 6" in height, and trellis structure on property located at 210 N Main St in the CBD, Central Business District Cindie Sinclair, applicant Ms Sinclair was present Roger Tomten, member of the Heritage Preservation Commission, spoke in . favor of the request He said the HPC saw the requested additions as a way of improving pedestrian interest 1 rw Mr Roetman, seconded by Mrs Bealka, moved approval as conditioned, • motion passed unanimously Case No SUB/96-62 A subdivision to subdivide Lot 10, Block 8, Wilkin's Addition into two equal lots in the RB, Two -Family Residential District William and Dawn Tunison, applicant Mr Tunison explained the proposal is to split the property into two equal lots, each 60 feet in width The required front yard width in the Two - Family District is 50 feet Mr Zoller, seconded by Mr Valsvik, moved approval, all in favor Case No SUP/96-63 A special use permit for a sign at the entrance of Autumn Wood residential development located on Autumn Wood Way and County Road 5 in the RB, Two -Family Residential District John Roettger, applicant Mr Roettger was present He explained the design and location of the sign Mr Valsvik, seconded by Mr Charpentier, moved approval as conditioned, all in favor Case No SUP/96-64 A special use permit for a home occupation use permit for a massage therapy business out of a residence located at 628 W Olive St in the RB, Two -Family Residential District Mary Schulte, applicant Ms Schulte said she had a petition signed by neighbors approving the business use The business would be part-time and by referral only She said there is space for two cars, only one client would be present at a time Mr Roetman, seconded by Mrs Bealka, moved approval as conditioned, all in favor Case No. SUP/96-65 A special use permit for construction of an automotive oil change and glass company located on Lot 5, Block 1, Market Place 4th Addition in the BP-C, Business Park Commercial District Chad Junker, C & D Enterprises, applicant Mr Junker was present and briefly explained the plans which have been approved by Target/Cub Regarding the condition of approval that landscaping be completed before the business opens, he said that might not be possible due to weather conditions However, he said he would be willing to put up a bond to ensure the work is completed as soon as possible in the spring Mr Valsvik asked about condition of approval No 4 Mr Junker explained that in changing the access to his businesses and Mr Krongard's (who also was present) some green space was lost, the required green space has been added at the front elevation Mr Junker also said Fire Chief George Ness has reviewed and approved the revised access to the businesses Mr Valsvik, seconded by Mrs Bealka, moved approval as conditioned, all in favor Case No SUP/V/96-66 A special use permit and variance for the removal of a garage and construction of a 640-square-foot building housing a studio workshop located at 106 N Sherburne St in the RB, Two Family Residential District Christopher Wunderlich, applicant • Christopher and Marna Wunderlich were present for the discussion Mr Wunderlich explained how the plan evolved from their intent to redo the garage into the proposed structure in order to provide for heated studio space as well as some storage space, according to the fire code, there can be no open, internal flame in a garage The intent is not to conduct any business from the studio The structure would be returned to use as a garage should they move out of their home, he said Regarding the condition of a 10 foot setback from the side property line, Mr Wunderlich explained that because of the shape of the lot -- long and narrow -- it would be difficult to have the structure function as a garage at a later date if a 10 foot setback is required He requested a five foot setback and noted the neighboring garage is on the opposite side of the property line Neighbors Mike Alwin, 231 N Sherburne, and Les Abrahamson, 1120 W Myrtle St , both spoke in favor of the proposal Mr Alwin said the proposed structure fits the character of the neighborhood and from the front of the property looks like a single stall garage 0 r The Wunderlichs also requested a change in conditional of approval No 1 to accommodate the possibility that they purchase the property from current owner, Sandra Wunderlich Mr Valsvik, seconded by Mrs Bealka, moved approval as conditioned changing condition of approval No 1 to requiring that the structure be converted to a one -car garage when the property is sold, unless it is sold to Christopher or Marna Wunderlich Mr Zoller suggested adding the condition that there be no livable space allowed in the structure Mr Charpentier suggested language that the special use permit be reviewed upon complaint Mr Roetman suggested the condition that no signage be allowed, and Mr Russell said there should be a condition that the structure meet fire code requirements for an accessory building if the five-foot side yard setback is allowed Mr Valsvik and Mrs Bealka accepted the additional conditions of approval, motion of approval passed unanimously Case No. SUB/96-67 A minor subdivision of one lot into two lots located north of 802 W Mulberry in the RB, Two -Family Residential District Clarice Auluck-Wilson, applicant 11 Ms Auluck-Wilson, representing Alice and Steve Salmonson property is owners, said she has purchased two lots from the Salmonsons to make one buildable lot Mr Zoller asked whether any trees would have to be removed if a house is placed on the lot, Ms Auluck-Wilson said none of the trees would have to be removed Mr Russell noted the request meets all of the subdivision standards, and it would be difficult to deny the request Mr Valsvik, seconded by Mr Roetman, moved approval, all in favor Case No BM/96-68 A building moving permit to move a house from 824 S Greeley St to the west side of North William Street between West Mulberry Street and West Linden Street in the RB, Two -Family Residential District Clarice Auluck-Wilson, applicant Ms Auluck-Wilson said she understood some of the neighbors' concerns She provided architectural drawings of the planned upgrades to the home She also showed photos with views of homes of similar vintage and assessed values in the neighborhood -- West Mulberry, West Linden, North Owens and North Greeley y Mike and Amy Hooley, owners of the existing house, attested to the quality of the house Denise Carlson, 1101 Parkwood, spoke in favor of the proposal noting the new owners will be adding value to the home and would make a contribution to the neighborhood Speaking in opposition were John McCallum, 316 N Williams, who said he had a petition with 23 signatures of immediate neighbors who were opposed to the proposal, Donna Montbriand, 815 W Linden, and the resident of 728 W Mulberry St Most of the concerns centered on the loss of open space Mr McCallum also suggested neighboring property values might be depreciated, and he spoke of the potential that Aulick-Wilson and her husband might run a business out of their home Mr Russell pointed out Aulick-Wilson has a buildable lot, and the house proposed to be moved to the lot is consistent with the character of the neighborhood There are no design standards for structures Mr Roetman, seconded by Mr Valsvik, moved approval, all in favor Case No. V/96-69 A variance for the installation of an on -site septic system within the required 40-foot setback located at 118 Lakeside Dr in 4P the RB-Bluff land Shoreland District Michael and Sheryl Meyer, applicant Mr Meyer explained the system is failing and action needs to be taken as soon as possible before the ground freezes Mr Russell said the DNR has indicated it may be willing to act as soon as the City Council acts on the request Mr Roetman, seconded by Mr Zoller, moved approval as conditioned, all in favor • There was a brief discussion of correspondence from the Long Lake Homeowners Association Mr Valsvik asked about the title of the land around Long Lake and ownership of property to the lakeshore versus to the deepest part of the lake He suggested that it would behoove the city to have ownership to the deepest part of the lake in the event the lake dries up at some point in time Mr Russell said that issue and future use of the lake would be brought to the Park and Rec Board Mr Russell suggested having another workshop with Marc Putnam He also suggested members might want to walk the annexation area and take a day trip to view other new developments in the metro area It was the consensus to walk the site before holding another workshop The walk was tentatively scheduled for 9 a m Saturday, Nov 2 i ' - Roetman, seconded by Mr Zoller, moved to adjourn the meeting at 9 , all in favor Respectfully submitted, Sharon Baker Recording Secretary 0 PLANNING APPLICATION REVIEW FORM • CASE NO SUB196-70 Planning Commission Date November 18, 1996 Project Location Highway 36 Comprehensive Plan District Business Park Commercial Zoning District BP-C Applicant's Name Robert Brackey Type of Application Subdivision Project Description A minor subdivision of 161,828 square feet into a 102,500 square foot parcel and a 59,328 square foot parcel Discussion The request is to divide one large parcel into two parcels Parcel A would be 3 79 acres or 250 feet by 410 feet (102,500 square feet), and Parcel B would be 2 19 acres or 144 feet by 412 feet (59,328 square feet) The subdivision is for development purposes Because the property is situated on the frontage road of Highway 36, a copy of the survey was sent to the Minnesota Department of Transportation for approval They are mainly concerned with the curb cuts Conditions of Approval 1 Approval of Minnesota Department of Transportation 2 Approval of City Engineer and Community Development Director Recommendation Approved as conditioned Findings The subdivision meets the development regulations of the zoning and subdivision ordinances Attachments Application Form Survey u Case No Date Filed Fee Paid Receipt No 5' 3 b PLANNING ADMINISTRATION FORM ACTION REQUESTED COMMUNITY DEVELOPMENT DEPARTMENT Certificate of Compliance CITY OF STILLWATER Conditional or Special Use Permit 216 NORTH FOURTH STREET STILLWATER, MN 55082 Design Review Planned Unit Development Nanance Comprehensive Plan Amendment Zoning Amendment Subdivision x Resubdivision Total Fee FEE(i) 70 70 170 0 270 S70 300 3$00 $100+$50/lot 550 $50.00 The applicant is responsible for the completeness and accuracy of all forms and supporting material subnutted in connection with any application PROPERTY IDENTIFICATION A ess of Project _ Highway 36 Assessor's Parcel No c) 013 - 212 0 Z ng District Description of Project Subdivide Parcel into 2 lots for development purposes, the lots are shown as Parcel A and Parcel B on attached Plat of Survey, Legal descriptions are on Exhibit A attached "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 certmjy I will comply with the permit if it is granted and used " Property Owner Robert L. Brackey Representative Fred A. Kuep= _rs, Jr., Attorne Mailing Address 1336 Jackson Street Mailing Address 386 Wabasha St N , 41350 qt _ Pahl., MN _�C; 1 17gt Paul , _MN 55_102 Telephone No 4 8 9 -1 315 Telephone N 228 1104 ?ignature Signature ) SITE AND PROJECT DESCRIPTION Parcel A 3 79 acres 250 x 410 ar �l B 2 9 acres 144 x 412 Lot Size (dimensions) x Land Area Height of Buildings Stones Feet Principal Accessory Total building floor Area None sq ft Existing sq ft Proposed sq ft Paved Impervious Area sq ft Number of off street parking spaces provided &DDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION VIEW Revised 9/19/95 • 0 KUEPPEI?S, HACKEL & KUEPPEiRs, PA ATTORNEYS AT LAW 1350 CAPITAL CENTRE 388 WABASHA STREET NORTH SAINT PAUL MINNESOTA 55102 FRED A KUEPPERS JR JOAN M RACHEL JOSEPH F HUEPPERS Mr Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re Dear Mr Russell (612) 228-1104 FAX (612) 297-6599 October 23, 1996 Our File No 6882-53 Dave's Barbecue OF COUNSEL RONALD PATRICE SMITH Enclosed is an Application submitted on behalf of Robert L Brackey for a minor subdivision of lands in the Southwest quarter of the Southwest quarter of Section 33-30-20 in the City of Stillwater Also enclosed is a survey of the property prepared by Joel Anez and dated October 3, 1996 This plat depicts the two parcels which are to result from the subdivision The plat drawing depicts proposed utility and drainage easements along the boundary lines of the parcels These have been shown in anticipation of a City request for such easements, but they have not yet been established of record If requested by the City, Mr Brackey will es- tablish the easements by separate instrument We enclose our check payable to the City in the amount of $50 00 in payment of the Applica- tion fee Very truly yours, KUEPPERS, HACKEL & KUEPPERS, P A By- FAKjr/pmt Enclosures c Robert L Brackey • Parcel A EXHIBIT A TO APPLICATION FOR MINOR SUBDIVISION APPROVAL The East 250 feet of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 30, Range 20, subject to Trunk Highway No 36 Parcel B The West 144 88 feet of the East 394 88 feet of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 30, Range 20, subject to Trunk Highway No 36 u - `--25006-- r — 20 rpol Oroh 8 Vlilly E wna,t ,� �� A P- DWu—t 4r 1 b. 6043e1 1 r I 60 1 6 I I 4 N I I 4\� I K 1 Z I + °" I I V I dN I ao " �,A N d in f I I ° 01 �I I I N\ to ✓%ilh II n OI 00 PARCEL Ato 1 In °\ I; I I --- II ev 3 79 acres (INCLUDING R/V) PARCEL BI I Y N I� 2 36 acres W N t o d 1 2 19 acres l l erXCLUDIAV R/V) I I 3in I !INCLUDING R/V) -----------T r- 39488 --- ------------------- f-----14488 ---------- 25000 ---------- ----- -- r- 6 1 1- 6 i s 1 37 acreeI e Ir (EXCLUDMG RIW) 1 I fTRMArIya�+rLh• -- o---- ------ of 46 43 W t 44 90 w - 48 43 E 250 04 7'b- �1 1r589 1 1 W 1 South L e Sec 33 TSON-R20W S 89 5027 E --927 50-- J Y Wosh Co C I M O S W Corner See 33-T30N-R20W 1rT — 1 h Cw+fwaN 5.1k RPPJ — — _ n 8 O 16. 1 I O + CMfrIN6 IIY ffram/ Lin fu Lf1CofM V1 — t TRUNK 'HIGHWAY NO 36 T ( f k a Trunk Highway No 212) - C-rwre, r feane LPN - - -144 91 -- , --250 08 -- S 89 50 27' E 39499 - • Denotes 1/2 Inch iron pipe monument found marked with a plastic cap inscribed ANEZ RLS 13775 set by me Joel T Anez In a previous survey o Denotes 1/2 Inch Iron pipe monument set marked with a plastic cap Inscribed ANEZ RLS 13775 NOTE, The north right of way line of Trunk Highway No 36 has been surveyed and located based on MNDOT monumented centerline of the westbound lone 9 Llitl NW 1/4 I NE 1/4 I —1-33 - 1 t t I r ---- SW 1/4---- - SE 1/4 -1 - I (NOT TO SCALD Pond —1 -1 VICINITY MAP See 33-73ON-R20W a • - S 89 50 27- E _ 132248 -- y Wash Co C 1 M • S 1 4 Corner See 3-T30N-R20W I hereby certify to Robert L Brockey S do D Land Holdings Inc Old Republic National Title Insurance Inc and City of Stillwater Minnesota that this survey plan or report was prepared by me or under my dlrec" Supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota Joelif Anez Minnesota R U(t 13775 Dote NOTE Official copies are crimp sealed rk 96-2W O 9 PLANNING APPLICATION REVIEW FORM CASE NO SUB/96-71 Planning Commission Date November 18,1996 Project Location 12811 62nd Street Comprehensive Plan District Campus Research District Zoning District CR-D Applicant's Name James Bradshaw Type of Application- Subdivision Project Description A minor subdivision involving an exchange of 0 32 acres Discussion The applicant is proposing to trade 0 32 acres of land to the west of the adjacent landowner for 0 32 acres to the east of the same landowner (see attached survey) The westerly 0 32 acres was available for a road that will no longer be needed to access the applicants property The new access to the applicants land will be from a Frontage Road extending Curve Crest Boulevard Conditions of Approval 1 Approval of City Engineer Recommendation Approved as conditioned Findings The subdivision meets the development regulations of the zoning and subdivision ordinances Attachments Application form, survey /legal description 0 use No6U — . a a - ate Filed 30 Fee Paid Receipt No PLANNING ADMINISTRATION FORM )MMUNrIY DEVELOPMENT DEPARTMENT TY OF STILLWATER 6 NORTH FOURTH STREET 'ILLWATER, MN 55082 ACTION REQUESTED FEE(') Certificate of Compliance $70 Conditional or Special Use Permit 70 170 Design Review -0 Planned Unit Development S270 Nanance S70 Comprehensive Plan Amendment S300 Zoning Amendment 300 Subdivision S 1 +$50 of Resubdivision V— ota ee ,-ic applicant is responsible for the completeness and accuracy of all forms and supporting material Lbmrtted in connection with any apphcation PROPERTY IDENTIFICATION �zS11- �Ztid S�pxEFy- ddress of Project and Highway 36 and County 5 (N W kf srOI's parcel No oning Distnctcampus ResearcDescnption of Project y--Stt &PI(Jell 01 and Funeral Related Services 'hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the :st of my knowledge and belief, true and correct I further cert!& I will comply with the permit rf it is granted and used " William and Rita Spangler Property Owner 'roperty Owner ftgX1 James H. Bradshaw /Tailing Address 12811-62nd Street Mailing Address 1310 Hillcrest Drive Stillwater, MN 55082 Stillwater, MN 55082 'elephone No 439-0409 signature 1r� Telephone o 623 Signature SITE AND PROJECT DESCR�IMO ...ot Size (dimensions) x Total building floor Area sq ft C and Area Existing sq ft Height of Buildings Stones Feet Proposed sq ft Principal Paved Impervious Area sq ft Accessory Number of off street parking spaces provided (')ADDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION REVIEW NOTE This is a square foot for square foot property exchange between the above named property owners The property is located at the Northwest corner of Highway 36 and Revued9/19195 County Road 5 in the City of Stillwater I] PLANNING APPLICATION REVIEW FORM CASE NO V/96-72 Planning Commission Date November 18,1996 Orotect Location 820 North Owens Street Comprehensive Plan District Two Family Residential Zoning District RB Applicant's Name Roger Tomten representing Robert and Nancy Goodman Type of Application Variance Project Description A variance for 300 square foot accessory budding Discussion The applicant is proposing to move the existing "shed" which is 141/2 feet x 20 1/2 feet or just under 300 square feet (1 20 square allowed) to a new site on the property and build a two -car garage on the site of the present budding Instead of demolishing the structure and building a new 120 square foot accessory building the applicant feels the existing budding is a historic building and in good condition They would continue to use it as a shed to store tools lawnmowers, lumber, and the lean-to shed which is presently attached would be demolished The two buildings would be about 6 feet apart and in line on the original north wall line The existing gravel driveway will be extended to provide off-street parking for an additional car The house is situated on an oversized lot It has 90 feet of frontage on Owens by 262 feet deep with a dogleg to the south of 90 feet by 127 feet It abuts Stonebridge School on the north and west Only one neighbor 814 North Owens, will be able to see both buildings from their yard Neighbors on the east side of Owens •Street will see only the new garage Conditions of Approval 1 The garage shall be the similar in style and materials as the old budding it replaces 2 All drainage from the roof shall remain on -site Recommendation It is city staffs recommendation that Stillwater is making every effort to preserve old buildings and a variance should be granted Approved as conditioned Findings 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 Application form, photos, elevations and site plan Case No V I `f49 — Date Filed 1111196 Fee Paid ` Receipt No PLANNING ,ADMINISTRATION FORM • ACTION REQUESTED ,OMMUNTIY DEVELOPMENT DEPARTMENT Certificate of Compliance ,ITX OF STILLWATER Conditional or Special Use Permit 16 NORTH FOURTH STREET �TILLWATER, MN 55082 Design Review Planned Unit Development __Zxariance Comprehensive Plan Amendment Zoning Amendment Subdivision Resubdivision Total Fee FEE(" $70 70 170 0 270 S70 S300 300 $100+$50/lot 550 The applicant is responsible for the completeness and accuracy of all forms and supporting material subrxutted in connection with any application PROPERTY IDENTIFICATION Address of Project 'y 20 hJ Ou)ey%I STW Assessor's Parcel No OS 0 Z F - 4SS-o ZodnQ District Description of Project Kei,o 16 0(� 0&0& L117 sg Fr �ccEssoey '5 06 "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and beliSftrue and correct I further ccm& I will comply with the permit if it is granted and used " Property Owner (Z obert 4 N a v► -; � C>oocl ma n Mailing Address 8;10 N Qw eh St-1 11w4fev- MN SSOyr4g5o Telephone No H y - 3 aq Signature Representative RoroE2 awiTE1 Mailing Address io 80% Z'1Z MQrI, c_ rn� Sf C✓p, k + M N 55-0 4 7 Telephone No . 5e-00 Signature SITE AND PROJECT DESCRIPTION 0 /� 5'�e Total building floor Area sq ft Lot Size (dimensions) x / Existing a 7 sq ft Land Area Height of Buildings Stones Feet Proposed o v ' sq ft Principal Paved Impervious Area sq ft Accessory �1— Number of off street parking spaces provided WIDITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION EW Revised 9119/95 NANCY and ROBERT GOODMAN 820 North Owens Stillwater, MN 55082 (612) 439-3094 • October 31, 1996 Community Development Dept City of Stillwater 216 North Fourth Street Stillwater, Mn 55082 RE ZONING VARIANCE FOR 820 NORTH OWENS This residence does not at present have a garage There is a storage shed on the property 141/2 by 201/2 feet or just under 300 square feet This building is too small for a garage Since it is a historic building and in good shape, we would like to move it to a new site on the property and build a two -car garage on the site of the present budding The garage will be about 500 square feet The old budding would continue to be used to store tools, lawnmowers, lumber, etc and the lean-to shed which is presently attached to it will be torn down and removed The two buildings would be about 6 feet apart and in line on the original north wall line The existing gravel driveway will be extended to provide offstreet parking for an additional car The entire property at 820 North Owens is approximately 90 feet frontage by 262 feet deep with a dogleg to the south of 90 by 127 feet It abuts Stonebndge school on the north and west Only one neighbor, 814 North Owens, will be able to see both buildings from their yard Neighbors on the east side of Owens Street will see only the new garage, which will be built in a style and materials similar to the old budding it replaces Please see the site plan and elevations furnished by Architect Roger Tomten for further details Sincerely, 0 'Ake 41L J.. jr Aj Nv 1w - ------- 77� leg I t% -L or NV A 2�L -- mt fll .,71 i Ar I'llaff \fir ,�, _ �, vjw All. :%z W4 1110 —1 1 I1+/ JG�U ��v2rv� 1 y2�N M. 0 • s • F-XP STiQ C SOUTH_ �i.fV j lO►� �� c- G 51CV7% �X ISTI tiiC-� �S�" � l��l�TT Ohl 3y, M1..t S LOWEIL PARK RALROAD TRACKS CITY OF ST LWATER PAROG LOT WATER STREET � r NORM KM STREET t NJ �ia. W=, z5mco fECL f O FM W!� s 50 0 a s 0 PLANNING APPLICATION REVIEW FORM CASE NO V/96-73 Planning Commission Date November 18, 1996 Project Location 219 North Main Street Comprehensive Plan District Central Business District Zoning District CBD Applicant's Name Mainstream Development Partnership Type of Application Variance Project Description Resubdivide six lots into four lots Discussion The request is to resubdivide the existing Maple Island plant site (see existing and proposed lot division from the existing six lots into four lots) The city currently owns one of the lots that runs along Water Street The approval is conditioned upon the city selling or in some way transferring ownership of its parcel to the subdivider if that does not occur, the remaining five parcels could be resubdivided • into four with the city owned land remaining as one parcel owned by the city The subdivision would allow the sale of the property for ownership A condition of approval is that an overall development and parking plan for the entire site be prepared and approved by the city before final approval of the subdivision Recommendation Approval with conditions Conditions of Approval An overall development and parking plan for the entire site shall be'presented to the city for approval before final recording of the subdivision Attachments Existing and proposed subdivision Case No = Date Filed Fee Paid V510 O Receipt No PLANNING ADMINISTRATION FORM ACTION REQUESTED FEE(') :OMMUNITY DEVELOPMENT DEPARTMENT Certificate of Compliance 'ITY OF STILLWATER Conditional or Special Use Permit ! 16 NORTH FOURTH STREET iTILLWATER, MN 55082 Design Review Planned Unit Development Nariance Comprehensive Plan Amendment Zoning Amendment ✓ Subdivision Resubdivision Total Fee $70 70 170 -0 270 S70 5300 300 $100+$50Aot 50 �3 pD /tU-- The applicant is responsible for the completeness and accuracy of all forms and supporting material subnutted in connection with any application PROPERTY IDENTIFICATION 10(09 I , j"D / ZA40, ?,$S o _ Address of Project 21°� N 1fto $-t Assessor's Parcel No ;�,¢I0) 338o Z4&g District Descript-ion of Project 6YV6 1D I V 1 %DQ Of! MitT VI- I S LAIM 0 "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and beliSftrue and correct I further cert!& I will comply with the permit if it is granted and used " Property Owner Mailing Address f?0 7 Telephone No Signature ±a - Representative :t 1. K CTE Mailing Address 2107 p p 4 12- S� I Telephone No fif7K 61V Ep Signature SITE AND PROJECT DESCRIPTION � I l'"Pos-9p Lot Size (dimensions) ,�5yv x Iy Total building floor Area o I WO t/' sq ft Land Area 2 0 SF Existing I? 5 sq ft Height of Buildin6 Stones Feet Proposed 4112 8 #G sq ft Principal ti°o Paved Impervious Area 6o sq ft (Fr,-oP o%sv) Accessory Number of off street parking spaces provided 50 */- (pV'o?01w ) DITIONAL ENGINEERING COSTS MAY BE REQUIRED AS PART OF APPLICATION VIEW b`TC VV o m - "VAL m P"C �' �ST __ r ' 9/I9/95 )?I SUITE 105 • 2497 SEVENTH AVENUE EAST NORTH ST PAUL MN 55109 2907 October 30, 1996 Mr Steve Russell City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE 219 North Main Street, Stillwater, Minnesota Dear Mr Russell PHONE 612 773 1000 FAX 612 773 2155 e mail info@maple island com Maple Island, Inc , as owner of the property at 219 North Main Street, Stillwater, Minnesota, is considering a written proposal from Mainstream Development Partnership for purchase and development of the property • It is our understanding that Mainstream Development Partnership is seeking approval from the City of Stillwater for subdivision of the property at 219 North Main Street Maple Island is happy to cooperate with the partnership and with the City of Stillwater in this process However, no commitments can be made by Maple Island until a written proposal is accepted by Maple Island Please feel free to call me with any questions Very truly yours, MAPLE ISLAND, INC GAJ/cmw cc Carolyn McCann, Doherty Rumble & Butler, P A Over 60 Years of Service l /rBk 29.ti�EDS P 7� 7Sss /BBf� t MEMORANDUM 10 TO Planning Commission FR Steve Russell, Community Development Director DA November 14, 1996 RE SUBDIVISION ORDINANCE REVISION - CASE NO SOA/96-1 The enclosed subdivision ordinance amends the existing ordinance and implements existing environmental protection ordinance already adopted by the city The subdivision design standards are similar to those currently required, but a new section "Alternative Design Standards" (page 13) has been added to allow the use of other standards if they can be justified (such as road width) The existing subdivision regulations should be updated to clarify and implement current and new comprehensive plan policy This ordinance has previously been reviewed and changes made by the commission Recommendation Review and recommend subdivision ordinance amendment Enclosure Subdivision amendment SOA/96-1 r� U E Stillwater Subdivision Code City of Stillwater November 14, 1996 First Revision - May 2, 1996 iSecond Revision - November 14, 1996 Stillwater Subdivision Code City of Stillwater A-STILL9606 00 November 14, 1996 I hereby certify that tlus Report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota Date Reviewed By Date Short Elliott Hendrickson Inc 3535 Vadnais Center Drive 200 SEH Center St Paul, Minnesota 55110 (612) 490-2000 Reg No . Table of Contents Page Subdivision 1 Purpose 1 Subdivision 2 Scope 2 Subdivision 3 Definitions 2 1 Rules 2 2 Definitions 2 Subdivision 4 Platting Procedure 7 1 Administrative Review 7 2 Resubdivision 8 3 Land Division and Consolidation 9 4 Registered Land Surveys 9 5 Sketch Plan/Pre-Application Meeting 9 6 Preliminary Plat 10 7 Final Plat 11 8 Review of Final Plat 12 9 Alternative Design Standards 13 Subdivision 5 Plat and Data Submittal Requirements 15 1 General Submittal Requirements for Preliminary and Final Plats 15 2 Identification and Description 15 3 Existing Conditions 15 4 Proposed Subdivision Design Features 16 5 Grading and Drainage Plan 17 6 Erosion Control Plan 18 7 Utility Plan 18 8 Street Plan 18 9 Wetland Plan 18 10 Tree Preservation Plan 19 11 Landscape Plan 19 12 Other Information 20 13 Additional Data Required for the Final Plat 21 a Stillwater Subdivision Code Page i City of Stillwater Subdivision 6 Minimum Design Standards 22 1 Conformity with the Comprehensive Development Plan, Zoning Ordinance, and Applicable Rules and Regulations 22 2 Land Requirements 22 3 Streets 22 4 Sidewalk and Trail Design 28 5 Public Utilities 28 6 Drainage 29 7 House Plumbing 29 8 Easements 29 9 Block Design 30 10 Lot Requirements 31 11 Protected Areas 32 12 Monuments 33 13 Inspection 33 Subdivision 7 Required Improvements And Financial Arrangements 33 1 Improvements Required 33 2 Payment for Installation of Improvements 35 3 Developer's Agreement Providing for the Installation of Improvements 35 • 4 Financial Guarantee 35 5 Construction Plans and Inspection 36 6 Improvements Completed Prior to Approval of the Plat 36 7 Trunk Facilities 37 8 Alternate Installation and Incomplete Improvements 37 Subdivision 8 General Provisions 37 1 Protection of Natural Features 37 2 Parks Open Space, and Park Dedication 37 3 Planned Developments 38 4 Environmental Review 38 Subdivision 9 Enforcement 38 1 Building Permits 38 2 Violation and Penalties 38 3 Separability 38 Stillwater Subdivision Code Page u City of Stillwater A November 14, 1996 Stillwater Subdivision Code City of Stillwater Subdivision 1 Purpose The process of dividing raw land or resubdividing existing parcels into development sites is known as "subdividing" or "platting" Few activities have a more lasting effect upon the appearance and use of the land Once the land has been subdivided and the streets and structures have been built, the basic physical character of a permanent addition to the community has been established The welfare of the community is thereby effected It is therefore important to the public that subdivisions be conceived, designed, and developed in accordance with sound rules and proper standards All subdivisions of land submitted for approval must comply with these regulations It is the purpose of these regulations to 1 To set design standards necessary to protect the public health, safety, morals, comfort, convenience and general welfare 2 To preserve and protect wetlands, drainage areas, woodland and significant tree stands, ravines, blufflands and sloped areas 3 To use natural drainage systems and when ponding areas are created, integrate these areas into subdivision landscape plans 4 Encourage well planned, efficient, and attractive subdivisions by establishing standards for design and construction 5 Provide for the health and safety of residents by requiring properly designed streets, sewage and water systems 6 To secure the right of the people to access public lands and water To locate neighborhood parks and trail systems to provide convenient access between residential lots and parks, open space, and other destinations in the community 8 To provide for the coordinated planning of public facilities with land already developed and areas yet to develop 9 To coordinate the subdivision design and provision of public facilities with adjacent land areas Stillwater Subdivision Code Page 1 City of Stillwater 10 To insure that improvements are paid for by those benefiting from their construction Subdivision 2 Scope These rules and regulations apply to subdivision activity within the City after the effective date of this ordinance Where this ordinance imposes a greater restriction upon land than is imposed by law, ordinance, contract or deed, the provisions of this ordinance controls Subdivision 3 Definitions 1 Rules A Words used in the present tense include the past and future tense, the singular number includes the plural and the plural includes the singular, the word "must" is mandatory, and the word "may" is permissive B In the event of conflicting provisions or interpretations in the text of this regulation, the more restrictive interpretation will apply 2 Definitions A Terms and words are defined as follows 1) Alley A public way primanly designed to serve as secondary access to the side or rear of property with principle frontage on another street 2) Block An area of land within a subdivision that is entirely bounded by streets or a combination of streets, exterior boundary Imes of the subdivision, bodies of water, or other topographic features 3) Boulevard The part of the street right-of-way between the curb line and the property line 4) Butt Lot A lot at the end of a block between two corner lots 5) City Attorney The attorney employed by the City of Stillwater 6) Cluster Development A development approach where lots are reduced in size and buildings sited closer together, but the total development density does not exceed that which could be constructed on the site under conventional zoning 9 Stillwater Subdivision Code Page 2 City of Stillwater Ii and subdivision regulations The additional land that remains undeveloped is then preserved as open space 7) Collector street A street that carries traffic from local streets to minor arterials, or from minor arterial to minor arterial It can include the principal entrance streets of a residential development or provide for circulation within such a development 8) Community City of Stillwater 9) Comprehensive Plan The plan prepared by the City of Stillwater including a compilation of policy statements, including goals, objectives, policies, programs, standards, and maps indicating the general locations recommended for the various land uses, parks, and open space 10) Contour Map A map on which elevations of the land surface are shown by lines connecting points of equal evaluations A contour interval is the distance between contour lines 11) Copy A print made from a tracing or a photo copy 12) Corner Lot An abutting lot on two or more intersecting streets 13) County Washington County, Minnesota 14) County Recorder The County Recorder for Washington County, Minnesota 15) Council The City Council of The City of Stillwater 16) Cul-de-Sac A local street with one outlet having a turnaround for the reversal of traffic movement 17) Developable Land That area of a property exclusive of those areas that are prohibited from development due to steep slopes ( greater that 25%), wetlands, easement areas or other areas protected by ordinance or legal agreement 18) Development A construction project including substantial property improvement and, usually, a change of land use within the site, the act of using land for building or extractive purposes Stillwater Subdivision Code Page 3 City of Stillwater Stillwater Subdivision Code City of Stillwater 19) Double Frontage Lots Lots that have a front line abutting on one street and a back or rear line abutting on another street 20) Drainage Course Land used for the drainage of surface water 21) Easement A grant by an owner of land for a specific use by persons other than the owner 22) Engineer The City engineer 23) Environmental Quality Requirements Those measures of protection necessary to insure against adverse environmental impact on land deemed environmentally sensitive by the City due to the existence of wetlands, drainage ways, water courses, floodable areas, steep slopes, or other environmental features Said measures are contained in the Environmental Ordinances listed in Subdivision 6 (11) (B) of these regulations 24) Environmental Review Process The process of examining the potential environmental impacts of a specific project The review must include a description of the proposed project, analysis of potential impacts, alternatives and their potential impacts, and measures to mitigate the potential environmental impacts The review may be an EAW, EIS, or an alternative environmental assessment method 25) Governing Body Stillwater City Council 26) Local Street A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood or area 27) Location Map A map drawn at a comparatively small scale which shows the areas proposed to be platted in relation to known geographical features, such as town center, lakes, roads, or neighborhoods 28) Lot A parcel of land occupied or suitable for being occupied by a building and the accessory building or uses customarily incidental to it 29) Metes and Bounds Description A description of real property which is not described by reference to a platted lot or block but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property Page 4 30) Minimum Subdivision Design Standards The guides, principles, and specifications for the preparation of subdivision plans indicating among other things the- 40 minimum and maximum dimensions of the various elements required in the plat 31) Modification A variation of the provisions of this ordinance, as applied to a specific piece of property 32) Natural Waterway A natural passageway on the surface of the earth having a topographical nature that surface water flows through it from other areas before reaching a ponding area or tributary 33) Owner An individual, firm, association, syndicate, co- partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the land under these regulations 34) Pedestrian Way A public -right-of-way across or within a block to be used by the public 35) Person Any individual, firm, association, syndicate or partnership, corporation, trust, or any other legal entity 36) Planning Commission The Planning Commission of the City of Stillwater 37) Plat, Final The final map, drawing, or chart on which the subdivider's plan of subdivision is presented for approval filing with the County Registrar of Deeds or Registrar of Titles 38) Plat, Preliminary The preliminary map, drawing, or chart indicating the proposed layout of the subdivision 39) Private Street A street serving as vehicular access to two (2) or more parcels of land which is not dedicated to the public 40) Protective Covenants Private restrictions on the use of private property within a subdivision for the benefit of the property owners, and for protection against undesirable aspects of development which would tend to impair property values 40 Stillwater Subdivision Code Page 5 City of Stillwater 41) Reserve Strips Any strip or parcel of land not included as a part of a buildable lot and held for development in the future 42) Right -of -Way Land dedicated and publicly owned for use 10 as a street or for other public purpose 43) School District Independent School District No 834 44) Sketch Plan A drawing showing the proposed subdivision of property This plan need not be drawn to scale and exact accuracy is not a requirement 45) Street A public thoroughfare which has been dedicated or deeded to the public for public use A way for vehicular traffic, whether designated as street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, drive, or court 46) Street Width The shortest distance between the lines delineating the right-of-way of a street 47) Subdivider The owner, agent, or person having control of the subdivision process 48) Subdivision The division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development The term includes resubdivision and relates to the process of subdividing or to the land subdivided 49) Subdivision Review Committee A City staff committee comprised of the Community Development Director, City Engineer, Fire Chief, Water Department Representative, and City Attorney 50) Surveyor A land surveyor registered under the Minnesota State Laws 51) Zoning Ordinance The City of Stillwater zoning ordinance or resolution controlling the use of land as adopted by the City Council Subdivision 4 Platting Procedure The following procedures must be followed in the administration of this Chapter No real property within the jurisdiction of this Chapter can be subdivided and offered for sale or a plat recorded until the Final Plat has been approved by the Council as set forth to these procedures and filed Stillwater Subdivision Code Page 6 City of Stillwater with the County Recorder Plans for cluster developments or planned unit developments including housing, commercial, industrial and other uses or for any combination of uses designed for sale or rental purposes shall be 10 presented in the same manner as other plats for review by the Planning Commission and the approval of the Council 0 Administrative Review A It is acknowledged by the City of Stillwater that certain forms of property subdivision do not result in the creation of additional parcels of land or are specifically exempted from the definition of a subdivision as defined by Minnesota Statutes 462 352, Subdivision 12 In these instances it is deemed appropriate to permit administrative approval of property division requests B The following types of property division requests shall require only administrative approval 1) The creation of parcels of 20 acres in area, or greater, with a minimum lot width of 500 feet in a Residential Zoning District 2) The creation of parcels of 5 acres in area, or greater, with a minimum lot width of 300 feet in a Commercial/Industrial Zoning District 3) Property -line adjustments that do not result in the creation of an additional parcel of land All parcels involved must continue to meet all dimensional, area and setback requirements of the Zoning district in which the properties are located 4) Property -line adjustments resulting from Court Orders 5) The creation of cemetery lots C Applicants for administrative approval of a property division must submit the following information to the Community Development Department 1) A scaled topographic certificate of survey showing the parcel of record and the proposed parcel boundaries to be established, including the dimensions and areas of the proposed parcels 2) Legal description of parcel of record and proposed legal description of parcels to be created Stillwater Subdivision Code Page 7 City of Stillwater D Conditions of approval upon property subdivision requests may be required by the administrative authority E The approval of property division must be in writing One copy of said approval and certificate of survey shall be retained by the Community Development Department, a second copy of the approval and certificate of survey shall be retained by the applicant and a third copy of the approval and certificate of survey shall be conveyed by the subdivider to the Washington County Recorder's Office The written approval shall include the legal description of the parcel of record being divided, legal descriptions of the newly approved parcels and any conditions attached to the approval The subdivider shall provide documentation that the recording has occurred to the Community Development Department F Any request for administrative approval of a property division that is submitted, but does not meet the criteria stated above, shall be rejected and returned to the applicant with directions on how to proceed to request approval through either the subdivision platting or minor subdivision procedures 2 Resubdivision A In the case of a request to divide a lot which is a part of a recorded plat where the division is to permit the adding of a parcel of land to an abutting lot or to create two lots and the newly created property line will not cause the other remaining portion of the lot to be in violation with this regulation or the Zoning Ordinance, the division may be approved by the governing body after submission of a survey and legal description by a registered land surveyor showing the original lot and the proposed subdivision • Stillwater Subdivision Code Page 8 City of Stillwater 3 Land Division and Consolidation A In any case where the division of land into two or more lots or parcels for the purpose of transfer of ownership or building improvements is not specifically provided for in the provision of these regulations, a description of the land division must be filed with the governing body No building permit may be issued for any construction, enlargement, alteration or repair, demolition or moving of any building or structure on any lot or parcel resulting from the division, until the division has been approved by the City Council and recorded with the Washington County Recorders Office Prior to the consideration of such division by the City Council, a certified survey must be submitted 4 Registered Land Surveys A All registered land surveys must be filed subject to the same procedure required for the filing of a subdivision plat The standards and requirements set forth in these regulations apply to all registered land surveys 5 Sketch Plan/Pre-Application Meeting A Prior to the submission of any plat for consideration by the Planning Commission, the subdivider must meet with the Community Development Department staff to learn what shall be expected of a subdivider and to determine the relationship of the proposed subdivision with zoning requirements, development regulations, and the Comprehensive Plan The subdivider must present a sketch plan at the pre -application meeting B Sketch plans must contain, at a minimum, the following information 1) Location Map 2) Plat boundary 3) North arrow and graphic scale 4) Delineation of any wetlands, woodlands, or steeply sloped areas 5) Concept street layout 6) Designation of proposed land use, including density or intensity of use, and zoning 0 7) Description of existing site conditions Stillwater Subdivision Code Page 9 City of Stillwater 8) General lot locations and layout, as related to general site conditions 9) General relationship of development to surrounding lands 10 including natural features, public improvements, parks and trails 6 Preliminary Plat A After the Pre -application meeting a subdivider may file a preliminary plat B The subdivider must fill out a Subdivision Application as provided by the Community Development Department C The subdivider shall furnish the Community Development Director with fourteen (14) copies of the preliminary plat, a reduced copy, 8'/2" x 11 ", suitable for overhead projection (hard copy and transparency) and supporting documents D The subdivider shall pay fees as set forth by resolution of the City Council A schedule of fees may be obtained from the Community Development Department E The Community Development Director must, upon receipt of the plat and application, refer the plat to the City Engineer, Water Department Staff, Fire Chief, and ISD 834 for review and i comment 1� F If the proposed subdivision abuts a state or federal trunk highway, the Community Development Director must also refer one copy to the Minnesota District Department of Transportation for review as required by state law If it adjoins a public body of water one copy must be referred to the Minnesota Department of Natural Resources for review and one copy to the Water Management Organization if required by law If the proposed subdivision borders or surrounds a county road, the subdivision shall be referred to Washington County Public Works for comment G The engineer, school board and the distnct highway engineer, if necessary, must within fifteen (15) days, submit comments to the Community Development Department with recommendations for approval, disapproval or revisions If no comments are received within fifteen (15) days, it will be assumed that there are no objections to the preliminary plat as submitted H The City Council must make its decision on a preliminary plat within 120 days after the preliminary plat and complete application is accepted by the Community Development Director Stillwater Subdivision Code Page 10 City of Stillwater I The Planning Commission must hold a public heanng, take action on the plat, and make a recommendation to the City Council in a written report Notice to the public hearing must be as described in (J) below The City Council must hold a public hearing on the plat Notice of the purpose, time and place of the public hearing must be published in the official newspaper at least ten (10) days prior to the hearing and copies of the notice must be mailed to all property owners within three hundred (350) feet of the proposed subdivision K The subdivider or their representatives must appear before the Planning Commission and City Council in order to discuss the proposal and answer questions concerning the plat L Approval of the preliminary plat is an acceptance of the general layout and the subdivider may proceed toward fulfilling the necessary steps for final approval of the plat in accordance with the terms of approval The Preliminary Plat approval does not constitute final acceptance of the subdivision M The City Council may require modification, changes and revisions of the plat, necessary to protect the health, safety, morals, comfort, convenience and general welfare of the community N If the plat is not approved by the City Council, the reasons for denial must be recorded in the proceedings and transmitted to the applicant O An amended preliminary plat must follow the same procedure as a new plat P The City Council may impose reasonable conditions on preliminary plat approval 7 Final Plat A After approval of the preliminary plat, the final plat may be prepared It must incorporate all changes, modifications and revisions required, otherwise, it must conform to the approved preliminary plat A plat is required for all subdivisions of 5 or more lots A certificate of survey is required for all subdivisions of less than 5 lots B In the case of large subdivisions, to be developed in stages, the subdivider may be granted permission by the City Council to prepare a final plat for only the portion of the approved • preliminary plat which is proposed to be developed, provided the Stillwater Subdivision Code Page 11 City of Stillwater stage conforms with all the requirements of these regulations The subdivider must submit an estimated time schedule for further staging of the platting and recording 10 C All plats must comply with the provisions of Minnesota State Statutes and the requirements of this regulation D The subdivider must file five (5) copies of the final plat and a reduced copy, 8'/z" x 11 ", suitable for overhead projection, (hard copy and transparency) and supporting documents with the Community Development Director not later than one year after the date of approval of the preliminary plat An electronic format of the plat must also be submitted If this is not done, the approval of the preliminary plat will be considered void unless an extension for good reason is granted by the City Council E The subdivider must submit, with the final plat, a current abstract of title or a registered property certificate along with any unrecorded documents effecting title and an opinion of title by the subdivider's attorney 8 Review of Final Plat A The Community Development Director must, upon receipt of the final plat, refer one copy to the City Engineer and City Attorney B The governing body may refer the final plat to the Planning Commission for recommendation if the final plat is substantially different from the approved preliminary plat The Planning Commission must submit a report to the governing body within forty-five (45) days C The engineer and attorney must submit a report to the Community Development Director within fifteen (15) days of receipt with their comments and recommendations on the final plat D Prior to approval of the final plat, the subdivider must have installed all required improvements or executed an agreement with the City Council for their installation Required improvements must conform to approved engineering standards and be in compliance with these regulations E The City Council must take action on the final plat not more than sixty (60) days after the plat is filed with the Community Development Director If the plat is not approved, the reasons for the action must be recorded in the official proceedings and transmitted to the subdivider 0 Stillwater Subdivision Code Page 12 City of Stillwater F Upon receiving the final plat, the Mayor may sign the plat and the subdivider must then record it with the County Recorder within 10 seven (7) days or the approved plat will be considered void G The subdivider must, immediately upon recording, furnish the Community Development Director with a reproducible copy, either cronaflex or its equivalent, of the recorded plat and three (3) prints Failure to furnish the copies is grounds for refusal to issue building permits for the lots within the plat 9 Alternative Design Standards The purpose of alternative design standards is to • Provide an administrative technique to foster subdivisions which serve public objectives more fully than subdivisions permitted under conventional regulations • Implement comprehensive plan policies for city growth areas by encouraging creative and imaginative approaches, recognizing unique conditions and special opportunities, encourage the preservation of open space as a development and community amenity and conserve natural or man- made features and resources such as sloped areas, forests and heritage trees, wetlands and cultural and ishistorical features • The intent of alternative design standards is to insure that • Planned development permits for alternative design standards will be issued only where the subject parcel is large enough to make innovative and creative subdivision design possible, • Applicants for planned development permits for alternative design standards have the professional capability to produce a creative plan, • The public's interest in achieving goals stated in the comprehensive plan are more fully served than through conventional subdivision regulations, • The advantages afforded to landowners will be balanced by public benefits, • Natural or man-made features and resources of the site such as sloped areas, trees, wetlands and the like are preserved Stillwater Subdivision Code Page 13 City of Stillwater A Alternative design standards may be applied for during the submittal of a Preliminary Plat and must follow the planned development permit process found in the Stillwater Zoning Ordinance 10 B The applicant may request the approval of design standards different from the minimum requirements of this ordinance C The applicant must show that the proposed alternative design standards will better achieve comprehensive plan objectives and policies, and will not have negative impacts on the proposed development, the surrounding neighborhood , or the City as a whole D The applicant must provide detailed documentation showing how the alternative design will provide for safety and function of the subdivision and achieve a more attractive design All items listed in the Preliminary Plat submittal requirements must be addressed E The application for alternative design standards must meet the following criteria 1) Vehicular and pedestrian traffic patterns and capacities will not be adversely impacted 2) Open space and landscaped areas must be increased 40 3) All applicable parking requirements must be met 4) Fire protection services and access will not be impeded 5) Public utilities and services shall remain adequate 6) Wetlands must be protected from development and runoff F The Subdivision Review Committee must review the alternative design standards application to ensure that it meets the criteria and does not create adverse impacts G The Subdivision Review Committee may require conditions to be met in order to minimize impacts H The Subdivision Review Committee may approve or deny the application for alternative design standards I The approval or denial of alternative design standards, and any conditions required must be attached to the application for Preliminary Plat prior to its being forwarded to the Planning Commission for review 0 Stillwater Subdivision Code Page 14 City of Stillwater Subdivision 5 Plat and Data Submittal Requirements 1 General Submittal Requirements for Preliminary and Final 10 Plats 2 Identification and Description A Location Map B Proposed name of subdivision (The name may not duplicate or be alike in pronunciation of the name of any other plat recorded in the county ) C Legal description of the property D Name and address of record owner and any agent having control of the land, subdivider, land surveyor, engineer and designer of the plan E Graphic scale not less than one (1) inch to one hundred (100) feet F North point and key map of area showing well known geographical points for orientation within a one-half ('/z) mile radius 0 G Date of preparation 3 Existing Conditions A Boundary lines must be shown clearly and to a degree of accuracy that no major changes are necessary B Existing zoning classifications for land in and abutting the subdivision C Approximate total acreage D Location, right-of-way width and names of existing or platted streets or other public ways, parks, and other public lands, permanent buildings and structures and easements Section, corporate and school district lines within the plan and within a distance one hundred (100) feet beyond must also be indicated E Location and size of existing sewers, water mains, culverts, or other underground facilities within the preliminary plan area and within a distance of one hundred (100) feet beyond The grades and locations of catch basins, manholes, hydrants, and streets Stillwater Subdivision Code Page 15 City of Stillwater F Boundary lines of adjoining unsubdivided or subdivided land, within one hundred (100) feet, identified by name and ownership, including all contiguous land owned or controlled by the subdivider 0 G Topographic data, including contours at vertical intervals of not more than two (2) feet except where the horizontal contour interval is one hundred (100) feet or more, a one (1) foot vertical interval may be shown Water courses, marshes (delineated wetlands), wooded areas, rock outcrops, power transmission poles and lines and other significant features must be shown U S G S datum must be used for all topographic mapping where feasible H A copy of all proposed private restrictions must be submitted Percolation test and soil borings are required on soil areas rated moderate or severe limitations for disposal systems as stated in the Soil Handbook of the Washington County Soil and Water Conservation District Office if the area being subdivided does not have municipal sanitary sewer available to it If severe soil limitations for the intended use are noted in the Soil Handbook on file in the Washington County Soil and Water Conservation District Office, a description of the soil conservation practice or practices to be used to overcome the limitation must be made part of the permit application to 4 Proposed Subdivision Design Features A Layout of proposed streets, showing right-of-way widths and proposed names of streets B Locations and widths of proposed alleys, pedestrian ways or trails and utility easements C Layout numbers and preliminary dimensions of lots and blocks D Proposed front and side street building setback lines E Location and size of proposed sanitary sewer lines and water mains or proposed community sewer and water systems F Gradients of proposed streets, sewer lines and water mains, if requested by the City Engineer G Parks, trails and open space areas intended to be dedicated or reserved for public use, including the size of the areas in acres 5 Grading and Drainage Plan Stillwater Subdivision Code Page 16 City of Stillwater 0 A Earthwork quantities B Final grades (3 1 maximum slopes) C Building pad elevations proposed 1st floor and garage elevations, and building type D Existing and proposed topography (2 foot contour intervals) E Drainage calculations F Drainage around each building pad location G Appropriate easements H A survey showing location and elevation of all roads, utilities and structures I Tree survey showing all existing trees having a caliper of six inches or greater J Development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this ordinance and the comprehensive plan K Drainage plan which includes any engineering work calculating stormwater runoff rates and required retention L Traffic analysis showing how the grading materials will be removed from or delivered to the site M Two copies of soil borings together with boring location maps and any other soils information pertinent to improvements N Schedule of building construction phasing 6 Erosion Control Plan A Method, location and detail of erosion control measures B The erosion control plan must be reviewed and approved by the City Engineer and SWCD 7 Utility Plan A Plan and profile showing existing utilities, proposed utilities, connection with existing water main, sanitary sewer, storm sewers and any required easements Stillwater Subdivision Code Page 17 City of Stillwater B For plats in the portion of the City without public utilities, dramfield locations on proposed lots must be shown located on undisturbed soil Two sites must be identified for each lot 8 Street Plan A Plan and profile showing internal roads, grades, lengths of cul- de-sacs and curve design data, both horizontal and vertical B Proposed connections to existing streets or platted right-of-way C Provisions for future extensions or connections to adjacent land D Appropriate easements or right-of-way 9 Wetland Plan A All wetlands must be delineated in accordance with the 1989 Federal Manual for Identifying and Delineating Wetlands and 20, 50, and 100 year flood levels must be located B Plan showing any fill or draining of wetlands C Proposed mitigation measures D Any permits required and status of permits E Required setbacks or buffer areas for all natural areas and 10 wetlands as required by the City Riverway Bluffland/Shoreland, Flood Plain, Shoreland Management, and Wetland Conservation Ordinances 10 Tree Preservation Plan A Location, size and species of all trees that are six capper inches or greater for deciduous trees, or 10 feet in height for coniferous trees B Trees to be preserved C Trees to be removed D Trees within 30 feet of grading limits E Method of tree protection F Tree replacement plan 11 Landscape Plan A Property lines Stillwater Subdivision Code Page 18 City of Stillwater 01 B Existing and proposed contours and berming at 2-foot contour intervals 0 C Location, type and size of existing plant material D Proposed buildings, paved areas, fences, walls, parking lot, loading areas, service areas E Vegetation to be removed or disturbed during construction F Location, type, size, and number of proposed plant materials G Areas to be seeded, sodded, or left undisturbed H Method of screening parking areas, loading areas, and rooftop mechanical units, including sight Imes, illustrating effectiveness of screening I Legend, plant list, key J Location of significant natural features, including, but not limited to, floodplams, lakes, wetlands, and bluffs K Identification of all existing and proposed slopes more than 3 1 and restoration method L Irrigation plan or method of watering M Forest or woodland management plan for existing wooded areas 12 Other Information A Description of the proposed use of lots indicating the type of residential buildings, the number of proposed dwelling units, and the type of business or industry proposed for the development B Source of water supply C Provisions for sewage disposal, surface water drainage and flood control D Statement of development conformance with zoning regulations E Any other reasonable information as may be requested by the Community Development Director, the Engineer, the City Attorney, or the Planning Commission F Environmental reports as may be required by the State Environmental Quality Board (EQB) Stillwater Subdivision Code Page 19 City of Stillwater G An estimate of the traffic expected to be generated by the development and its distribution on area roads H A description of any expected fire protection needs I Identification of any property that will fall within the Jurisdiction of shoreland, flood plain riverway bluffland/shoreland, historic preservation, forest protection, restrictive soils on wetland regulations and the measures that will be taken to protect those areas and conform to these regulations J If the subdivider owns property adjacent to the proposed subdivision, the Planning Commission may require that the subdivider submit a sketch of the remainder of the property to show the possible relationships between the proposed subdivision and future subdivision All subdivisions must accommodate and coordinate with potential adjacent subdivisions and land use 13 Additional Data Required for the Final Plat A The plat must be prepared by a land surveyor who is registered in the State of Minnesota and must comply with the provisions of Minnesota State Statutes and of this regulation B Form for approval by signature of county officials concerned with the recording of the plat 0 1) Checked and approved this day of 19 By Washington County Surveyor 2) No delinquent taxes and transfer entered this day of , 19_ Washington County Auditor By . Deputy 3) Document Number I hereby certify this instrument was filed in the office of the Registrar of Deeds for record on this day of _, 19_, at o'clock _ m , and duly recorded in Book of on page Registrar of Titles, Washington County 0 Stillwater Subdivision Code Page 20 City of Stillwater fe 0 C Form of approval for the City of Stillwater 1) Approved by the City of Stillwater, Minnesota, this day of .19 Signed Mayor Signed Clerk Signed Signed Subdivision 6 Minimum Design Standards Stillwater Subdivision Code City of Stillwater Planning Commission Chairman Planning Commission Secretary The purpose of good subdivision and site design is to create a functional and attractive development, to minimize adverse impacts, and maintenance costs, and to ensure that a project will be an asset to a community To promote this purpose, the subdivision or site plan shall conform to the following standards which are designed to result in a well -planned community without adding unnecessarily to development costs The design standards assure that the layout of the subdivision harmonizes with existing plans affecting the development and its surroundings and are in conformity with the City's development objectives for the entire area Detailed specifications for both the minimum design standards and the engineering standards may be obtained from the appropriate utility department (Engineering, Water, or Fire Departments) Conformity with the Comprehensive Development Plan, Zoning Ordinance, and Applicable Rules and Regulations A The proposed subdivision must conform to the Comprehensive Plan, Zoning Ordinance, and Standards as adopted by the City Council to regulate development 2 Land Requirements A Land must be suited to the purpose for which it is to be subdivided No plan may be approved if the site is not suitable for having uses of the kind proposed because of potential flooding, topography or adverse earth of rock formation B Land having hazards to life, health or property may not be subdivided for residential purposes until all hazards have been eliminated or unless adequate safeguards against the hazards are provided by the subdivision plan Page 21 C Erosion and sedimentation control plans must be in accordance with the technical standards and specifications of the Grading Ordinance D Proposed subdivisions must be coordinated with existing nearby 41 local governments and neighborhoods so that the community as a whole may develop harmoniously 3 Streets A Proposed streets must conform to the state road and county highway plans B Streets must be logically related to the topography and have reasonable grades C Access must be given to all lots and portions of the tract in the subdivision, and to adjacent unsubdrvided parcels unless the topography clearly indicates that the connection is not feasible Reserved strips and landlocked areas shall not be created D The arrangement of streets in the new subdivision must plan for the continuation of the existing streets in adjoining areas without promoting cut throughs or short cuts that impact residential neighborhoods E If adjoining areas are not subdivided, but may be subdivided in the foreseeable future, the arrangement of streets in a new subdivision must make provision for the proper projection of streets into adjoining areas by carrying the new streets to the boundaries of the new subdivision at appropriate locations F Partial streets will not be permitted G Dead-end streets are prohibited, except or when designed as temporary or permanent cul-de-sac streets H Private streets and reserve strips are prohibited and no public improvements may be approved for a private street All streets must be dedicated for public use If a subdivision abuts or contains an existing or planned major thoroughfare or a railroad right-of-way, a street approximately parallel to and on each side of the thoroughfare and right of -way may be required for adequate protection of residential properties and separation of through and local traffic These service streets must be located at a distance from the major thoroughfare or railroad right-of-way suitable for appropriate use of the intervening land, and for park purposes in appropriate districts L-1 Stillwater Subdivision Code Page 22 City of Stillwater 0 Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations J Streets may not be arranged in a way that will cause hardship to owners of adjoining property Stillwater Subdivision Code Page 23 City of Stillwater K Street Design 1) Minimum right-of-way widths and pavement widths (face to face of curb) for each type of public street or road are as follows 0 Tyne of Street Right -of -Way Width Roadway Width Thoroughfare 120 feet As determined by traffic needs Collector Street 80 feet 44 feet Commercial or Industrial Service Street 80 feet 44 feet Minor Street 60 feet 32 feet Marginal Access Street 50 feet 42 5' turnaround access Cul-de-Sac 60 feet 42 5' turnaround turnaround radius radius 2) Where a subdivision abuts or contains an existing street of inadequate width, sufficient additional width must be provided to meet the above standards 3) Alternative street standards may be allowed when it can be demonstrated that the safety and function of the street system will not be adversely impacted by the alternative standards and that the development will be attractive and can be accommodated by the street system (See subdivision 4(a)) 4) Additional right-of-way and roadway width may be required to promote public safety and convenience when special conditions require it or to provide parking space in areas of intensive use 5) Extensions of existing streets with lesser right-of-way than prescribed above, may be permitted by modification 6) Restrictions of Access Access from minor streets onto state and county aid highways, is discouraged at intervals of less than five hundred (500) feet 7) ,Street Jog Street Jogs with centerline offsets of less than one hundred fifty (150) feet are prohibited 0 Stillwater Subdivision Code Page 24 City of Stillwater 0 0 Ll Stillwater Subdivision Code City of Stillwater 8) Deflection When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they must be connected by a curve with a radius of not less than one hundred (100) feet 9) Grades Centerline gradients must be at least 0 6 percent and may not exceed the following Classification Gradient (In Percent) "Thoroughfares and Collector Street 5 Minor Streets, Marginal Access Streets 8 10) Vertical Curves Different connecting street gradients must be connected with vertical curves Minimum length, in feet, of these curves shall be twenty (20) times the algebraic difference in the percent of grade of the two adjacent slopes 11) Angle of Intersection The angle formed by any intersecting of streets may not be less than 60 degrees with 90 degree intersections preferred 12) Size of Intersection Intersections of more than four corners are prohibited 13) Corner Radii Roadways of street intersections must be rounded by a radius of not less than fifteen (15) feet Roadways of alley -street intersections must be rounded by a radius of not less than six (6) feet Corners at the entrances to the turnaround portions of cul-de-sac must be rounded by a radius of not less than fifteen (15) feet 14) Street Pavement New developments will require paved streets The design of street pavement for all streets covered by this regulation must be in accordance with the State of Minnesota Highway Department Road Design Manual No 5-291 for flexible pavements The design thickness of the surfacing elements must be in accordance with the flexible pavement design standard for road classifications as follows Page 25 Pavement Design, Classification Axle Load Thoroughfare, Collector Streets As determined 40 and Commercial or Industrial by traffic needs Service Streets Minor Streets and Marginal 7 ton , Access Streets minimum 15) Gravel Surface Streets that at the present time will only have a gravel surface must be designed so the base and subbase requirements as set forth in State of Minnesota Highway Department Road Design Manual No 5-291 for flexible pavement are met In all cases at least the top six (6) inches of the street surface must be of class 5 crushed aggregate or a material as approved by the engineer 16) Soil Tests To determine subgrade soil classifications, soil samples must be collected and analyzed by a reputable testing laboratory Reports of the soil analysis must be submitted to the City Engineer with the pavement plans Soil samples must be taken along the centerline of the proposed road at intervals not exceeding 300 feet 17) Curb and Gutter Concrete curb and gutter must be constructed on both sides of streets The construction must be in accordance with Standard Specification for Highway Construction, M H D Spec No 2531 Concrete curb and gutter cross sections shall be either M H D Design No B618 or M H D Design No D418 18) Boulevards All boulevards must be at least four (4) feet in width and must have four (4) inches of top soil (black dirt) placed on them and then be sodded L Permanent cul-de-sac streets, may not exceed six hundred (600) feet in length M Unless future extension is clearly impractical or undesirable, a turnaround right-of-way must be designed to permit future extension of the street into the adjoining tract At the time a street is extended, the acreage covered by the turnaround outside the boundaries of the extended street will revert in ownership to the property owner fronting on the temporary turnaround N Alley Design 1) Alleys may be allowed and are subject to the following standards 0 Stillwater Subdivision Code Page 26 City of Stillwater 2) All alley right-of-way and pavement widths must conform to the following minimum standards Classification Right -of -Way Width Pavement Industrial or Commercial 28 feet 20 feet Residential (two-way) 24 feet 16 feet Residential (one-way) 20 feet 12 feet 3) Grades All centerline gradients must be at least 0 5 percent and shall not exceed eight (8) percent O Street Names 1) Names of new streets must not duplicate existing or platted street names unless a new street is a continuation of or in alignment with the existing or platted street In that event, it must bear the same name of the existing or platted street so in alignment P Street Signs 1) All street signs must be provided and installed by the Mcommunity at the expense of the subdivider 40 Q Street Trees and Landscaping Plan 1) Street trees may not be less than eight (8) feet apart with a minimum of three (3) per lot They must be placed inside the property line and not in the boulevard unless approved by the city engineer 2) The type of species of tree planted must be approved by the Community Development Director Trees with root structures that are less likely to interfere with utility lines, break up sidewalks, and cause other nuisance damage are desirable Trees must have a trunk diameter (measured 12 inches above ground level) of not less that 13/4 inches and must be planted in not less than one cubic yard of good growing soil with a suitable amount of fertilizer Approved multiple varieties may be used 3) Alternative street tree and landscape standards may be allowed in planned unit development review R Residential Street Lighting Stillwater Subdivision Code Page 27 City of Stillwater 1) A street light plan must be submitted to accommodate safe travel and to preserve the character of the neighborhood Street lights are required 4 Sidewalk and Trail Design A Widths All sidewalk widths must when installed conform to the following minimum standards Classification Width Single Family Area 5 feet Multiple Family Area and Public Building Sites 6 feet Commercial Areas 8 feet Industrial Areas 6 feet B Grades Sidewalks shall slope '/4 inch per foot away from the property line and the profile grade may not exceed 8 percent C Sidewalks required Sidewalks are required on all collector or through streets unless an alternative location is approved by the City Engineer Sidewalks must be placed in a public right-of- way or utility easement D Provision for Handicapped Sidewalks must be brought to a maximum of 1'/s°' above the street grade of all intersections to facilitate movement for elderly and the handicapped Is E Multi use walking or biking trails must be 8 feet in width with adequate right-of-way F All required walks must be concrete four (4) inches thick placed on a four (4) inch sand base 5 Public Utilities A Water Supply Extensions of the public water supply system must be designed to provide public water service to each lot as required by the City Water Department B Sewage Disposal Extensions of the public sanitary sewer system must be designed to provide public sewer service to each lot as required by the City Engineer C In areas where public water and sewer service cannot be provided on -site sewer systems and private wells may be utilized only until municipal services are available, and only if a modification is granted by the City Council All on -site systems must meet Minnesota PCA requirements as administered by the Building Official it Stillwater Subdivision Code Page 28 City of Stillwater • 0 Stillwater Subdivision Code City of Stillwater D All electrical, telephone and other wire or cable transmitted utility lines and services must be installed underground in a common trench unless an alternative is approved by the City Engineer 6 Drainage A All surface and underground drainage systems must be installed to adequately remove all natural drainage that accumulates on the developed property All systems must be in conformance with the community drainage plan and all piping must provide complete removal and a permanent solution for the removal of drainage water The drainage system may include a storm sewer system or a system of open ditches, culverts, pipes, catch basins, and pond►ng areas B The drainage plan must include water quality treatment provisions, at a minimum, meeting "NURP" pond standards (Phosphorous removal efficiency of at least 65 percent, capacity of 2 5", 24 hour storm, with 25 percent increase for sediment See city design criteria for more information) with sufficient storm water holding capacity to meet the "No Net Increase" design standard for a 100 year storm C All development areas that drain into Long Lake and/or Brown Creek must show how the proposed drainage system will minimize the impact on those DNR protected wetlands 7 House Plumbing A When an individual sewage system is used and the septic tank is placed on a side other than that from which the public sewer line would connect, it must be required that a capped sewage disposal line is extended from the point of ground entrance of basement or house to a point five (5) feet beyond and to the side form which the future sewer connection will most likely be made Inside the basement the elbow must be set up to be easily reversed for connection to the capped line 8 Easements A Provide for Utilities Easements of 10 feet on the front lot lines and 5 feet on the rear and side lot lines must normally be provided for public utilities If underground utilities are being installed, additional easement may be required Page 29 B Provided for Drainage Easements must be provided along each side of the centerline of any water course or drainage channel to a sufficient width to provide proper maintenance and protection and to provide for storm water runoff and installation and maintenance of storm sewers C Dedication Utility and drainage easements must be dedicated for the required use D Open space Easements for the provision and protection of open space or wetlands may be required 9 Block Design A Block length and width or acreage within bounding streets must accommodate the size of residential lots in the area and provide for convenient access, circulation control, and safety of street traffic B In residential areas, without water frontage, blocks shall not be less than six hundred (600) feet nor more than eighteen hundred (1800) feet in length measured along the greatest dimension of the enclosed block area, unless modifications are necessitated because of topography or conformance with an adjoining plat C In blocks over nine hundred (900) feet long, ten (10) foot side pedestrian crosswalks may be required through the blocks in to locations deemed necessary to public health, convenience and enjoyment Suitable setbacks, paving, landscaping, or fencing may be required D Blocks for commercial and industrial areas may vary from the element of design contained in this section if the nature of the use requires other treatment In such cases, off-street parking for employees and customers must be provided, along with safe and convenient limited access to the street system Space for off- street loading must be provided with similar access Extension of roads, railroads access right-of-way and utilities must be provided E Blocks must be wide enough to allow two (2) tiers of lots with minimum depth as required by zoning ordinance except adjoining a lake, stream, railroad or thoroughfare of where one tier of lots is necessary because of topographic conditions 11 Stillwater Subdivision Code Page 30 City of Stillwater 10 Lot Requirements A Side lot lines must be substantially at right angles to straight street lines or radial to curved street lines or radial to lake or stream shores unless topographic conditions necessitate a different arrangement B Each lot must front upon a public street C For areas with urban sewer service available, no lot may have less area or width than is required by the zoning regulations applying to the district to which it is located For unsewered areas in all zoning districts the minimum lot size shall be 1 acre of lot area, except where more square footage is required by zoning regulations Exceptions to lot size standards may be allowed through the planned development review process D Lots designed for commercial or industrial purposes must provide adequate off street service, loading and parking facilities E Building Sites Each lot must have a total width at the front or rear lot line of not less than thirty (30) feet G Corner lots must be platted at least twenty (20) feet wider than interior lots H Butt lots in any subdivision are to be discouraged Where butt lots must be used to fit a particular type of design, they must be platted at least ten (10) feet wider than the average width of interior lots in the block Through or Double Frontage Lots shall not be permitted except where the lots abut a thoroughfare or major highway These must have an additional depth of twenty (20) feet for screen planting along the rear lot line J Water Courses Lots abutting upon a water course, dramageway, channel or stream must have an additional depth or width as required to assure wetland setbacks are met K Lots with lakeshore frontage must be designed so that the lot lines extended maintain the closest approximation to riparian rights for each lot L Natural Features must be shown for all natural features, such as tree growth, water courses, historic or cultural sites or other unique site conditions Stillwater Subdivision Code Page 31 City of Stillwater M Lot Remnants All remnants of lots below minimum size left over after subdividing of a larger tract must be added to adjacent lots or be owned in common by the development • N Access to Thoroughfares In the case where a proposed plat is adjacent to a limited access highway, other major highway, or thoroughfare, there must be no direct vehicular access from individual lots In the platting of small tracts of land fronting on limited access highways or thoroughfares where there is no other alternative, a temporary entrance may be granted but when neighboring land becomes subdivided and more preferable access arrangements become possible, temporary access permits will be eliminated O Political Subdivision Lines No lot may extend over a political subdivision boundary P Large Lot Planning In any area where lots are platted in excess of 32,000 square feet or 180 feet in width at the building setback line, a preliminary resubdivision plan may be required showing potential and feasible way in which the lot or lots may be resubdivided in future years for more intensive use of the land The placement of buildings or structures upon these lots must allow for potential resubdivis►on 11 Protected Areas 0 A Where land proposed for subdivision is deemed environmentally sensitive by the City, due to the existence of wetlands, drainage ways, water courses, floodable areas, steep slopes or other environmental features, the design of said subdivision must clearly reflect all necessary measure of protection to insure against adverse environmental impact B All plats are subject to the following Stillwater Ordinances and must meet all applicable requirements of each ordinance 1) Ordinance No 644 Historic Preservation 2) Ordinance No 692 Design Review 3) Ordinance No 706 Riverway Bluffland/Shoreland 4) Ordinance No 747 Flood Plain Overlay District 5) Ordinance No 769 Forest Protection 6) Ordinance No 776 Storm Water Management Practices 7) Ordinance No 778 Restrictive Soils 8) Ordinance No 784 Shoreland Management 9) Ordinance No 786 Wetland Conservation C All submittals required by the above ordinances must be submitted in conjunction with the Preliminary Plat Ll Stillwater Subdivision Code Page 32 City of Stillwater 12 Monuments A All lot corner pipes or iron rods must be a minimum of one-half ('/z) inch to diameter, 18 inches in length and shall be inscribed wit the registration number of the land surveyor making the survey as prescribed in Minnesota Statues Chapter 505 13 Inspection A All required improvements must be inspected by the engineer during construction at the expense of the subdivider Subdivision 7 Required Improvements And Financial Arrangements Improvements Required A Prior to the approval of a plat by the governing body, the subdivider must have agreed, in the manner set forth below, to install, in conformity with approved construction plans and applicable standards and ordinances, the following improvements on the site 1) Survey Monuments All subdivision boundary corners, block and lot corners, road intersection corners and points of tangency and curvature must be marked with survey monuments meeting the minimum requirements of state law All U S , state, county, and other official bench marks, monuments or triangulation stations in or adjacent to the property must be preserved in precise position unless a relocation is approved by the controlling agency 2) Grading The full width of the right-of-way of each street and alley dedicated in the plat must be graded according to the approved grading plan 3) Pavement All streets and alleys must be improved with concrete or bituminous surface 4) Curb and Gutter Concrete curb and gutter must be installed along both sides of all streets and alleys that are of an urban design 5) Sidewalks may be required along both sides of all streets in areas where residential density equals or exceeds two (2) dwelling units per acre or in commercial areas 6) Water Mains The subdivider is required to install water mains in the platted area and connect to the public water system Stillwater Subdivision Code Page 33 City of Stillwater 7) Public Sanitary Sewer In all cases where trunk line sanitary sewer facilities are available, the subdivider is required to install sanitary sewers in the plat and connect trunk line • sewers If the facilities are not available but it is expected they will be within ten (10) years, the governing body may require that the sewers, together with all necessary laterals extending from the main sewer to the street curb be installed and capped for future connections as service becomes available In that event, the subdivider may also install on - site disposal units provided they are located to permit easy and the least expensive connection to the sewer when it becomes available If on -site units are installed, the subdivider shall provide underground plumbing to extend three (3) feet beyond the footing The plumbing must be plugged The area around the stack must be scored so that the septic tank line can be disconnected and connection can be made with the public sanitary sewer system 8) Drainage Facilities Drainage facilities and easements must be installed that will adequately provide for the drainage of surface water A storm sewer may be required Storm water convenience systems shall provide ten year protection for streets, with emergency overflow provided All dwellings and businesses shall have a minimum of 100 year protection plus 3 feet of freeboard or 1 foot, if any, emergency overflow is provided Drainage way easements or land dedication may be required when the easements or land is Is needed for flood planning management, property drainage, prevention of erosion, pedestrian access to water bodies or other public purpose 9) Parks and Trails Designated neighborhood or community parks and trails must be graded and improved as requested by the park dedication policy 10) Miscellaneous Facilities Tree planting, street name signs, lighting, traffic control signs, oversized utility trunk lines, pedestrian ways and other improvements may be required to mitigate the impact of a proposed subdivision C_j Stillwater Subdivision Code Page 34 City of Stillwater 2 Payment for Installation of Improvements A The required improvements are to be furnished and installed at the sole expense of the subdivider However, if the cost of an improvement would by general policy be assessed only in part to the improved property and the remaining cost paid out of general tax levy, provisions may be made for the payment of a portion of the cost of the community Further, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, to be assessed against the benefitting property The subdivider will be required to pay for the portion of the whole cost of the improvement that will represent the benefit to the property within the subdivision 3 Developer's Agreement Providing for the Installation of Improvements A Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider must enter into a contract in writing with the community requiring the subdivider to furnish and construct the improvements at their sole cost and in accordance with plans and specifications in accordance with any conditions of approval 40 B No subdivider is permitted to start work on any subdivision without special approval of the City Council if the subdivider has previously defaulted on work 4 Financial Guarantee A The contract provided for in Section 7 (3)(A) must require the subdivider to make an escrow deposit or, in lieu thereof, furnish a performance bond The escrow deposit or performance bond must conform to the requirements of this regulation B Escrow Deposit An escrow deposit must be made with the City Finance Director to a sum equal to 125 percent of the total cost as estimated by the engineer of all the improvements to be furnished and installed by the subdivider pursuant to the contract, that have not been completed prior to approval of the plat The total costs shall include costs of inspection by the City as well as administrative, legal, and engineering costs incurred by the City The City shall be entitled to reimburse itself out of the deposit for any cost and expense incurred by the City for completion of the work in case of default of the subdivider under the contract, and for any damages sustained on account of any breach thereof Upon completion of the work and termination . of any liability, the balance remaining in the deposit must be refunded to the subdivider Stillwater Subdivision Code Page 35 City of Stillwater C Performance Bond In lieu of making the escrow deposit, the subdivider may furnish a performance bond with corporate surety, in a sum equal to 125 percent of the total cost as • estimated by the engineer of all the improvements to be furnished and installed by subdivider pursuant to the contract, which have not been completed prior to the approval of the plat The bond must be approved as to form by the attorney and filed with the clerk 5 Construction Plans and Inspection A Construction plans for the required improvements conforming in all respects with the standards and ordinances of the community must be prepared at the subdivider's expense by a professional engineer who is registered in the State of Minnesota and the plans of construction items must be submitted to the engineer for approval and for an estimate of the total costs of the required improvements Upon approval of the plans approved by the engineer plus two (2) as built prints and an electronic disc record in a city readable format must be furnished to the community to be filed as a public record — B All required improvements on the site that are to be installed under the provisions of this regulation must be inspected during the course of construction by the City engineer at the subdivider's expense and acceptance by the community is subject to the engineer's certificate of compliance with the contract Additionally, the developer may be required to provide full time over site and inspection on the site 6 Improvements Completed Prior to Approval of the Plat A Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements may be accepted as equivalent improvements in compliance with these requirements only if the engineer will certify that the existing improvements conform to applicable standards 7 Trunk Facilities A Where larger size water main, sanitary sewer, storm drain or similar facilities is required to serve areas outside the subdivision, the larger facility required must be constructed The additional cost is to be borne by the benefiting properties and assessments are to be determined by the City Council in a proceeding conducted under Minnesota Statutes, Chapter 429 Stillwater Subdivision Code Page 36 City of Stillwater • 0 0 8 Alternate Installation and Incomplete Improvements A The governing body may elect to install any or all of the required improvements pursuant to a cash escrow agreement or other financial arrangements with the subdivider or pursuant to the provisions of Minnesota Statutes, Chapter 429 B The City Council may also elect to commence assessment proceedings, utilize funds of cash escrow agreement, or otherwise move to finance and install improvements If the improvements are required in order to provide greater assurance of public health, assure reliability of water supply, provide for economy of installation, provide more effective fire fighting through hydrants and otherwise protect the public health, safety, convenience and general welfare Subdivision 8 General Provisions Stillwater Subdivision Code City of Stillwater 1 Protection of Natural Features A The governing body reserves the right to decline approval of a subdivision if due regard is not shown for the preservation of all natural features such as large trees, lakes, rivers, and other water courses, scenic points, historical spots and similar community assets which , if preserved, will add attractiveness and stability to the proposed development of the property 2 Parks, Open Space, and Park Dedication A All subdivisions are subject to the City of Stillwater Park and Trail Dedication Policy and must follow all standards and guidelines required by said policy Page 37 3 Planned Developments A Planned Developments must follow all platting procedures found in Subdivision 4 of this ordinance and all planned development permit procedures found in the Stillwater Zoning Ordinance 4 Environmental Review A All subdivisions are subject to environmental review requirements as described in Chapter 4410 of the Minnesota Environmental Quality Board regulations Subdivision 9 Enforcement Building Permits A No building permit may be issued for any construction , enlargement, alteration, or repair, demolition or moving of any building or structure on any lot or parcel until all the requirements of this subdivision code have been fully met and a final plat has been recorded unless approved by the city council 2 Violation and Penalties A Any firm person or corporation who violates any of the provisions of these regulations or who sells, leases or offers for sale or lease any lot, block or tract of land herewith regulated before all the requirements of these regulations have been . complied with, is guilty of a misdemeanor, an upon conviction thereof, is subject to fine or imprisonment Each day that a violation is permitted to exist constitutes a separate offense 3 Separability A It is hereby declared to the intention that the several provisions of this regulation are separable in accordance with the following 1) If any court of competent Jurisdiction adjudges any provisions of this regulation to be invalid, the Judgement will not affect any other provision of the regulation not specifically included in the Judgment 2) If any court of competent Jurisdiction adjudges invalid the application of any provision of this regulation to a particular property, building or structure, the Judgment will not affect other property, buildings or structures • Stillwater Subdivision Code Page 38 City of Stillwater SP ON EXAMPLE SKETCH PLAN 1 Location map 2 North arrow and graphic scale 3 Street layout on and adjacent to plat 4 Designation of existing and proposed land use and zoning 5 Natural resource areas and site conditions, topographical features, wetlands, forested areas, slope, view corridors, historic or cultural resource sites 6 General lot locations and layout 7 Concept plan showing items 1 through 6 above for adjacent lands owned or controlled by the subdivider 01 PP GENERAL REQUIREMENTS FOR PRELIMINARY PLATS Identification and Description 1 Location map 2 Proposed name of subdivision 3 Legal description of property 4 Name and address of record owner and any agent having control of the land, subdivider, land surveyor, engineer and designer of the plan 5 Graphic scale (Not less than 1" to 100') 6 North point and key map of area showing well known geographical points for orientation within a one-half ('/z) mile radius 7 Date of preparation Existing Conditions 8 Boundary lines 9 Existing zoning classifications for land in and abutting the subdivision 41 10 Approximate total acreage 11 Location, right-of-way width and names of existing or platted streets or other public ways, parks, and other public lands, permanent buildings and structures, easements, and section, corporate and school district lines within and the plan and to a distance of one hundred (100) feet beyond 12 Location and size of existing sewers, water mains, culverts, or other underground facilities within the preliminary plan area and to a distance of one hundred (100) feet beyond 13 Boundary Imes of adjoining land within one hundred (100) feet, identified by name and ownership 14 Topographic data, including 2 foot contours and significant features U S G S datum shall be used for all topographic mapping where feasible Slopes shall be identified using the following ranges 0-12%, 12-24%, and 25+% 15 Copy of all proposed private restrictions 16 Soil borings test results is PP Proposed Subdivision Design Features 17 Layout of proposed streets, showing right-of-way widths and proposed names of streets 18 Location and widths of proposed alleys, pedestrian ways, utility easements, street landscape areas, and the location and size of required neighborhood parks and open space areas 19 Layout numbers and preliminary dimensions of lots and blocks 20 Proposed front and side street building setback Imes 21 Location and sizes of proposed sanitary sewer lines and water mains or proposed community sewer and water systems 22 Gradients of proposed streets, sewer lines and water mains, if requested 23 Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such areas in acres 24 14 copies of preliminary plat 25 One 8 ''/z" x I reproducible copy of preliminary plat 26 One 8 '/2" x I V transparency of preliminary plat a FP FINAL PLAT REQUIREMENTS Is General requirements for preliminary plats (PP) 2 Accurate angular and lineal dimensions for all lines, angles, and curvatures used to describe boundaries, streets, easements, areas to be reserved for public uses and other important features All dimensions including lot lines in feet and hundredths of feet 3 An identification system for all lots and blocks 4 True angles and distances to the nearest established official monuments (not less than three) that shall be accurately described in the plat Municipal or section Imes accurately tied to the lines of the subdivision by distances and angles 6 Accurate outlines and legal description of any areas to be dedicated or reserved for public use or for the exclusive use of property owners within the subdivision with the purposes indicated therein A list of areas (to the nearest square foot) of all lots, outlots, and road right-of- way certified by the surveyor who signs the plat 8 An up-to-date certified abstract of title or registered property report and such • other evidence as the City Attorney may require showing title or control in the applicant 9 Certification by a registered surveyor 10 Execution by all owners of any interest in the land and any holders of a mortgage thereon of the certificate as required by Minnesota Statutes The certificate shall included a dedication of the utility easements and any other public areas in such form as shall be approved by the City Attorney 11 Signature block as found in the Stillwater Subdivision regulations 12 5 copies of final plat 13 One 8'/z" x I reproducible copy of final plat 14 One 8'/2" x 11" transparency of final plat 15 Electronic format of final plat 0 GDSMT • GRADING, DRAINAGE, STORM WATER MANAGEMENT, AND WETLANDS PLAN 1 Name and address of applicant, legal description, north point, date and scale of drawing and number of sheet 2 Location map 3 Earthwork quantities 4 Final grades (4 1 maximum slopes) 5 Proposed building pad elevations, proposed I st floor and garage elevation, and proposed building type (i e , walkout, split, rambler, etc ) 6 Existing and proposed topography (2 foot contour intervals) 7 Drainage calculations 8 Ten-year storm pipe design and 100-year storm level of protection 9 Drainage around each building pad location ! 10 Drainage easements 11 A survey showing location and elevation of all roads, utilities and structures 12 Tree survey showing all trees having a caliper of six inches or greater 13 Development concept plan indicating how the recontoured parcel may be developed in a manner consistent with this ordinance and the comprehensive plan 14 Drainage plan which includes any engineering work for stormwater retention which may be necessary The plan shall delineate in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect 15 Traffic analysis showing how any materials will be removed from or delivered to the site and where it will be deposited 16 Two copies of soil boring information together with boring location maps and any other soils information pertinent to improvements 17 Schedule and phasing of building construction, grading, site restoration, and development of site • 18 Erosion control measures, including location and dimensions of all construction site measures GDSWP • 19 Delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including depth of water, a description of all vegetation which may be found in the water, a statement of general water quality and any DNF, PCA, or Corps of Engineers classification 20 Location and dimension of existing storm water drainage systems and natural drainage patterns on and immediately adjacent to the site, delineating in which direction and at what rate storm water is conveyed from the site, identifying any receiving stream, river, public water or wetland and setting forth those areas of the unaltered site where storm water collects 21 Description of soils, including map of soil types and report on suitability for development, and steps to render soils suitable 22 Vegetative covers and proposed removal 23 100 year floodplam, flood fringes, and floodway 24 Location and dimensions of all temporary soil or dirt stockpiles 25 Provisions for maintenance of the construction site erosion control measures during construction, including best management practices 26 Finished grading shown at 2-foot contour intervals 27 Landscaping plan 28 Proposed size, alignment, and intended use of any structure to erected on the site 29 A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used WETLAND PLAN All wetlands must be delineated in accordance with 1989 Federal Manual for Identifying and Delineating Wetlands 2 Plan showing filling or draining of any wetland including justification 0 GDSWP • 3 Proposed mitigation for any wetland filling or drainage 4 Any permits required and the status of the permits 5 Required setbacks or buffer areas for all natural areas and wetlands as required by the City Riverway Bluffland/Shoreland, Flood Plain, Shoreland Management, and Wetland Conservation Ordinances • • SUP STREET AND UTILITY PLAN • 1 Plan and profile showing roads, grades, lengths of cul-de-sacs and curb data(horizontal and vertical) 2 Plan and profile of sidewalks and pedestrian pathways including location, width, and surfacing materials 3 Connections to existing streets or platted right-of-ways 4 Provisions for future extensions or connections to adjacent land 5 Appropriate easements or right-of-way 6 Plan and profile showing existing utilities, proposed utilities, connection with existing utilities (water main, sanitary sewer, storm sewer) and appropriate easements as required 7 Statements whether utilities will be publicly or privately constructed, owned, and maintained 8 For plats in the portion of the City without public utilities, note dramfield locations on proposed lots (Must be located on undisturbed soil and two sites must be identified for each lot Is 9 Property lines 10 Proposed buildings, auxiliary structures, parking areas, and roads TLP TREE PRESERVATION AND LANDSCAPING PLAN • 1 Location, size and species of all significant trees (six caliper inches or greater for deciduous trees, and 10 feet in height for coniferous trees) 2 Trees to be preserved 3 Trees to be removed 4 All trees within 30 feet of grading limits 5 Property lines 6 Existing and proposed contours, including any proposed berming, at 2-foot contour intervals 7 Location, type and size of existing plant material 8 Proposed graded areas, buildings, paved areas, fences, walls, parking lot, loading areas, service areas, utility locations 9 Vegetation to be removed or disturbed during construction • 10 Location, type, size, and number of proposed plant materials 11 Typical street tree and front yard landscape plan for residential developments 12 Areas to be seeded, sodded, or left undisturbed 13 Method of screening parking areas, loading areas, and rooftop mechanical units, including sight lines, illustrating effectiveness of screening 14 Legend, plant list, key 15 Location of significant natural features, including, but not limited to, floodplains, lakes, wetlands, and bluffs with reference to benchmark elevations 16 Identification of all existing and proposed slopes more than 3 1 and restoration method 17 Irrigation plan or method of watering OI OTHER INFORMATION Statements of the proposed use of lots, stating type of residential buildings • with number of proposed dwelling units, type of business or industry so as to reveal the effect of the development on traffic, fire hazards and congestion of population 2 Source of water supply 3 Provisions for sewage disposal, surface water drainage and flood control 4 Conformance of proposed development with zoning department requirements Identification of any property that will fall within the jurisdiction of shoreland, floodplain, riverway bluffland/shoreland, historic preservation, forest protection, restrictive soils, and wetlands regulations, and the measures to be taken to conform to these regulations 6 Information as conditional or required for a design review permit Such other information as may be requested Traffic general information sufficient to evaluate the impact of the project generated traffic on the existing and proposed road system (information regarding existing road capacity, existing traffic costs, level of service and • impact of project on existing road system C-1 PA • 1 Name Address • PRE -APPLICATION FORM Telephone (W) 2 Name of proposed development Number of lots 3 Legal description Size of property in acres 4 Current use of property Proposed use of property Current zoning of property Proposed zoning of property Natural resources located on property Historic resources located on property 5 Submittal Requirements Sketch Plan (SP) Applicant's Signature Date PPA PRELBUNARY PLAT APPLICATION FEE PAID APPLICANT Name - Company - Address - City State Zip Code Telephone (W) (FAX) (H) 2 PROPERTY FEE OWNER Name Company Address City State Zip Code Telephone (W) (FAX) (H) 3 SURVEYOR Name Company Address City State Zip Code Telephone (W) (FAX) (H) 4 Property Location Legal Description 5 Name of development Number of lots Current land use Proposed land use Current zoning Proposed zoning Anticipated project completion 6 SUBMITTAL REQUIREMENTS (14 copies and 1 reduced 8 ''/z" x I 1 ") Preliminary Plat (PP) Tree Preservation and Landscaping Plan (TLP) Street and Utility Plan (SUP) Grading, Drainage, Storm Water and Wetlands Plan (GDSWP) Other Information (OI) 8'/z" x I I" Transparency I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per City requirements I understand that the application will be processed when it has been found to be complete and adequate by the Community Development Director Property Fee Owner(s) Signature(s) Applicant(s) Signature(s) Date • • 0 PLEASE NOTE If Property Fee Owner is NOT the applicant, the Applicant must provide written authorization by Property Fee Owner in order to make application FPA FINAL PLAT APPLICATION FEE PAID 1 APPLICANT • Name Company Address City State Zip Code Telephone (W) (FAX) (H) 2 PROPERTY FEE OWNER Name Company Address City State Zip Code Telephone (W) (FAX) (H) 3 SURVEYOR Name Company Address City State Zip Code Telephone (W) (FAX) (H) 4 Property Location is Legal Description 5 Name of development Number of lots Current land use Proposed land use Current zoning Proposed zoning Anticipated project completion 6 SUBMITTAL REQUIREMENTS (5 copies and 1 reduced 8 ''/z" x 11 ") Final Plat (F) Electronic FP Format Tree Preservation and Landscaping Plan (TLP) Street and Utility Plan (SUP) Grading, Drainage, Storm Water and Wetlands Plan (GDSWP) Other Information (OI) 8'/2" x I I" Transparency I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per City requirements I understand that the application will be processed when it has been found to be complete and adequate by the Community Development Director Property Fee Owner(s) Signature(s) Applicant(s) Signature(s) Date PLEASE NOTE If Property Fee Owner is NOT the applicant, the Applicant must provide written authorization by Property Fee Owner in order to make application MEMORANDUM TO Planning Commission FR Steve Russell, Community Development Director DA November 14, 1996 RE ZONING AMENDMENT DEFINING HOME OCCUPATION AND AMENDING THE SINGLE FAMILY, R-A AND DUPLEX RESIDENTIAL, R-B REGULATIONS TO ALLOW TYPE I & II HOME OCCUPATION USE PERMITS CASE NO ZAT/96-4, CITY OF STILLWATER, APPLICANT Background At previous planning commission meetings, the subject of tightening up the regulations allowing commercial uses in residential districts was discussed The proposed regulations illuminates neighborhood commercial uses in residential districts, defines Type I and II home occupation use permits and provides standards for those uses Past practice was for city staff to use standards similar to those proposed in reviewing home occupation use permit requests By amending the ordinance as proposed, the standard will be written out and more easily referred to by staff and the applicant The commission may want to consider allowing Type I home occupation use permits in residential districts as permitted uses As proposed, Type I and II would require a special use permit in the RA District and Type II require a special use permit in the R-B District only A new neighborhood commercial district will be developed to apply to existing commercial uses in residential districts that become nonconforming because of this change This is a public hearing Recommendation Review and recommend approval of amendment to the city council Attachment Home occupation use permit ordinance amendment 0 Definitions • Home Occupation - all occupations, professions, activities or uses carved out by a resident with the interest of economic gain and which is conducted as an accessory use in the residents dwelling unit or accessory structure on the premises Resident - an individual whose principle plan of living and sleeping is in a particular location is a resident of that location TYPE I HOME OCCUPATION 1 The following standards are applicable to all Type I Home Occupations a No person other than residents of the dwelling unit on the subject premises named in the application shall be engaged In such home occupation b No more than twenty (20) percent of the total gross floor area of the said dwelling unit shall be Used for such home occupation c No outdoor storage or display of products, equipment, or merchandise Is permitted d No retail sales shall be conducted on the premises • e No publication or advertising shall use the residential address of the home occupation f Exterior evidence of the conduct of a home occupation is not permitted g The home occupation shall be conducted exclusively within the dwelling unit or accessory structure h No equipment process or activity shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical or television interference which is detectable to the normal senses outside the dwelling unit or accessory structure i No traffic shall be anticipated by a home occupation in substantially greater volumes than would normally be expected by one (1) dwelling unit in a residential neighborhood No vehicle or delivery truck shall block or interfere with normal traffic circulation j No specific outside entrance or exit for the home occupation shall be permitted k No sign shall be permitted 1 I No use, storage or parking of tractor trailers, semi -trucks or heavy equipment (e g construction equipment) shall be permitted on or about the premises • 2 The following uses are examples of home occupations which may be classified as a Type I a Telephone answering and solicitation b Home crafts c Computer programming, desktop publishing d Typing or secretarial service e Painting, sculpturing or writing f Dressmaking, sewing or tailoring g Drafting, surveying service h Consulting services i Mail order business, not including retail sales from site J Sales representative, office only TYPE II HOME OCCUPATION 1 The following standards are applicable to all Type II Home Occupations a One (1) person other than the residents of the dwelling unit on the subject premises named in the application may be engaged in such home occupation b No more than twenty-five (25) percent of the total gross floor area of the dwelling unit • shall be used for such home occupation c No outdoor storage or display of products, equipment or merchandise is permitted d Retail sales are permitted only as an access use to the primary home occupation (e g beauty salon can sell shampoo and beauty products) Exterior evidence of the conduct of a home occupation is not permitted except one (1) non -illuminated sign not to exceed eight (8) square feet, which must be mounted flat against the exterior wall of the dwelling unit f The home occupation shall be conducted exclusively within the dwelling unit or an accessory structure g No equipment, process or activity shall be used in a home occupation which creates noise vibration, glare, fumes, odors, or electrical or television interference which is detectable to the normal senses outside the dwelling unit or accessory structure h No traffic shall be anticipated by a occupation in substantially greater volume than would 2 0 normally be expected in a residential neighborhood No vehicle or delivery truck shall block or interfere with normal traffic circulation i A Minimum of two (2) off-street parking spaces, in addition to those required for the dwelling unit, shall be provided for use by patrons of the home occupation The Board of Zoning Appeals may require additional off-street parking based upon the use and location of the property J No use, storage, or parking of tractor trailers, semi -trucks or heavy equipment (e g construction equipment) shall be permitted on or about the premises 2 The following uses are examples of home occupations which may be classified as a Type II a Attorney Office b Insurance sales or broker c Real estate sales or broker d Jewelry repair e Shoe repair f Carpentry, cabinet makers g Ceramics which involve the use of a kiln h Medical or dental office i Catering or food preparation • J Pet grooming service k Barber or beauty shop 1 Photo developing, photo studio in Appliance repair facility GENERAL PROVISIONS - All home occupations shall conform to the following standards 1 Approval of a home occupation is not transferable to a location other than that which was approved 2 In no case shall a home occupation be open to the public at tunes earlier than 7 00 a in nor later than 9 00 P M 3 All home occupations shall be subject to periodic Inspections Reasonable notice shall be provided to the permittee prior to the time requested for an Inspection 4 The Executive Director, In the case of an Administrative Permit for a Type I Home Occupation, or the Board of Zoning Appeals In the case of a Conditional Use Permit for a Type II Home Occupation, may Impose reasonable conditions necessary to protect the public health, safety and welfare or to protect against a possible nuisance condition 0 3 5 Conditional Use Permits may be revoked by the issuing authority for cause after reasonable notice to the permittee and opportunity for a hearing on the matter 6 Home occupation shall commence only after the receipt of a conditional use permit if classified as a Type I, or Conditional Use Permit, if classified as a Type II 4 • The city is hereby divided into Use Districts which shall be known as follows • 1 RA - One Family Distracts 2 RB - Two Family Distracts 3 RCL - Low Density Multiple Family Residence Distract 4 RCM - Medium Density Multiple Family Residence District 5 RCH - High Density Multiple Family Residence District 6 CA - General Commercial 7 CBD - Central Business District 8 PA - Public Administrative Office District 9 BP-C Business Park - Commercial District 10 BP-O Business Park - Office District 11 BP -I Business Park - Industrial 12 FP - Flood Plain Overlay District 13 BS - Bluffland/Shoreland Overlay District Subd 1 I RA ONE FAMILY DISTRICTS I Permitted Buildings and Uses In a One Family Distract, the following buildings and uses and their accessory buildings and uses are permitted a Dwelling houses, each occupied by not more than one family • b Parks and playgrounds 2 Permitted Uses with Special Use Permits for the Council In a One Family District, the following buildings and uses and their accessory buildings and uses may be permitted by special use permit from the Council a Hospitals, nursing homes and resthomes b Public and private primary and secondary schools including accessory buildings and uses located upon property contiguous to that occupied by the main building or buildings c Cemeteries d Churches and other places of worship 7"i" :. New e Type I or II Home Occupation Use Permits f 3 Accessory Uses Uses and buildings incidental to permitted or special permitted uses shall be subject to the following regulations a The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or 10 percent of the lot area whichever is less b The total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the principal building c No more than two accessory buildings, one private garage and one other accessory building, 120 square feet maximum, shall be located on a residential premises d An accessory building shall not be designed or used for human habitation, business or industrial accessory use 4 Development Regulations a Area, Setbacks and Height Regulations PROVISION 1 Maximum Building Height Main Building Accessory Building 2 Minimum Lot Area 3 Minimum Lot Width 4 Mimmum Lot Depth 5 Maximum Lot Coverage 6 Minimum Yard Requirements Front Yard Side Yard Corner Lot Street Side Yard Rear Yard 7 Frontage Requirements SINGLE FAMILY 2-1/2 stones and 35 feet 1 story - 20 feet 10,000 sq feet 75 feet 100 feet 30% 30 feet 10 feet 30 feet 25 feet At least 25 feet on an improved public street • is Ll b Exceptions • 1 Front Yard Where a uniform front yard setback exists which is less than 30 feet, any building or structure hereafter erected, structurally altered or enlarged may conform to the established setback but in no case a setback of less than 20 feet be allowed 2 Front Yard Where a uniform front yard setback does not exist, the minimum required setback shall be the average of the setback of the two adjacent main buildings, or if there is only one adjacent main building, the setback of the main building shall govern, but in no case shall a setback less then 20 feet be allowed or greater than 30 feet be required 3 Corner Yard For corner lots where the corner side yard setback or front yard setback for the main building on the adjacent lot on the same street is less than the required setbacks, the corner lot setback for the adjacent main building shall govern, but in no case shall a setback of less than twenty feet be allowed 4 Side Yard When there is an attached garage on one side of the dwelling, the garage setback is 5 feet provided that no habitable floor area is closer than 10 feet from the property line and provided that the garage is a nummum of 15 feet from the nearest structure on the adjacent lot • 5 Side and Rear Yard An accessory structure located entirely in the side yard at least 6 feet from the main building shall have a minimum side and rear yard setback of 5 feet Subd 12 RB TWO FAMILY DISTRICTS Permitted Buildings and Uses In a Two Family District the following buildings and uses and their accessory buildings and uses are permitted a All buildings and uses permitted in a One Family District as set forth in Subd 11(1) b Dwelling houses, each occupied by not more than two families _ -- - •w i i• i i • i:4 LV-- M.J 6 L.JM _ i• i• i i i • i - i_ i i i i •_' i- New c Type I Home Occupation Use Permits • 2 Permitted Uses with Special Use Permits In a Two -Family District, the following buildings and uses and their accessory buildings and uses may be permitted by special use permit from the Council New a Type II Home Occupation Use Permits IN 11 e (b) Multi -Family Dwellings d (c ) Bed and Breakfast establishments SEE CHAPTER 3101 SUBD 25(1)(f) 3 Accessory Uses Uses and buildings incidental to permitted or special permitted uses shall be subject to the following regulations a The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or 10 percent of the lot area whichever is less b The total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the principal building c No more than two accessory buildings, one private garage and one other accessory buildings, 120 square feet maximum, shall be located on a residential premises d An accessory building shall not be designed or used for human habitation, business or industrial accessory use 4 Development Regulations a Area, Setbacks and Height Regulations Single Family Duplex Multifamily 1 Maximum Building Height MEMORANDUM • TO Planning Commission FR Steve Russell, Community Development Director DA November 14, 1996 RE LONG LAKE ASSOCIATION Members from the newly formed Long,Lake Association will be at the commission meeting to express their concerns for Long Lake land use in the Comprehensive Plan The Association previously met with the Parks Board 10 All- tril , N / o,,)) n 1 10 Jrf 1