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Home My WebLink About2020-06-24 CPC Packet. Water T H E 6 1 fl T H P L A C E �NESQTA PLEASE NOTE: Planning Commission meetings are streamed live on the city website and available to view on Channel 16. Public can participate by logging into zoom.us/join or by calling 1-312-626-6799 and enter the meeting ID number: 674 129 610 PLANNING COMMISSION MEETING June 24', 2020 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of May 27th, 2020 regular meeting minutes IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 2. the RB distr- et Reid and julie Miller- ~ petty owners. —Withdrawn by applicant 3. Case No. 2020-20: Consideration of a Special Use Permit for outside sales on the property located at 2001 Washington Ave S in the BPC district. Michael Givens representing Mikden of Stillwater LLC, property owner and Bruce McLean, applicant. 4. Case No. 2020-21: Consideration of a Comprehensive Plan Amendment for the SE corner of Manning Ave and Highway 36. City of Stillwater, applicant. 5. Case No. 2020-22: Consideration of Variances associated with the construction of a single family dwelling. Property located at 595 Marquee CT in the RA district. Keith Hermanson, property owner. VI. FYI — STAFF UPDATES — (NO PACKET MATERIALS) VII. ADJOURNMENT 11 �Vvater THE 7INTNYLA CE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES May 27, 2020 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order via Zoom at 7:00 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hansen, Kocon, Meyhoff, Steinwall, Councilmember Collins Absent: None Staff: City Planner Wittman Chairman Lauer welcomed new Commissioner Sue Steinwall and thanked Commissioner Hade for his years of service as a Planning Commissioner. ELECTION OF OFFICERS Motion by Commissioner Dybvig, seconded by Commissioner Hansen, to re -appoint Lauer as Chair. Motion by Chairman Lauer, seconded by Commissioner Meyhoff, to appoint Dybvig as Vice Chair. All in favor. APPROVAL OF MINUTES Possible approval of minutes of April 22, 2020 regular meeting Motion by Commissioner Kocon, seconded by Councilmember Collins, to approve the minutes of the April 22, 2020 meeting. Motion passed 6-0-1 with Commissioner Steinwall abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. PUBLIC HEARINGS ase No. 2020-15: Consideration of Variances to allow an attached earaae and associated improvements. Property located at 1305 1 st St N in the RA district. Erik and Syndie Sorensen, property owners. City Planner Wittman explained the application. The applicants are planning to construct a 26' X 22.5' attached two car garage with a bonus room above it, to replace their existing garage to their single family house. The topography of the property slopes downward from First Street to the east, so the garage is at the basement level of the house. Currently, the garage, which sits 32' from the side yard property line, has a patio above it that is at the first story level. The new addition is planned to be constructed in the same general location as the existing garage. The applicants are requesting a 5' variance to allow for an attached garage to be set back 25' from the exterior side yard lot line, whereas 30' is required. Staff finds that the application is in harmony with the intent of the zoning ordinance and consistent with the comprehensive plan. The applicant has established practical difficulties and the project does not alter the essential character of the locality. Therefore, staff recommends approval of the five foot variance with four conditions. Planning Commission May 27, 2020 Commissioner Steinwall asked if the footprint of the garage will be the same as the existing garage. Erik Sorensen, applicant, replied it will be slightly larger than the existing garage. The existing garage was too small for two cars. Commissioner Hansen questioned the possibility of the garage space being used in the future as an accessory dwelling unit. Mr. Sorensen said they understand that an accessory dwelling unit would not be permitted. The space will not be plumbed. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Motion by Chairman Lauer, seconded by Commissioner Kocon, to approve Case No. 2020-15, Variance to allow an attached garage and associated improvements at 1305 1 st St N with the four staff - recommended conditions. All in favor. Case No. 2020-17: Consideration of a Special Use Permit for a Restaurant. Property located at 401 Main St S in the CBD district. Todd Konigson,pplicant and DCK Enterprises WI LLC, property owner. Ms. Wittman reviewed the case. Todd Konigson plans to open River Provisions at 401 Main Street South. The business would operate retail sales, outdoor sport good equipment rental, as well as a small restaurant offering food to -go either by walk in or walk up service. He is requesting a Special Use Permit for a walk-in restaurant with walk-up service window. The use conforms to the standards set forth for the issuance of use permits. Therefore, staff recommends approval with six conditions. Councilmember Collins asked about the statement in the staff report that there will be a shuttle to take the paddleboards and kayaks to the river. Where will it pick up and drop off? Ms. Wittman replied that the applicant met with the Downtown Parking Commission last week. There are two parking spaces near the two loading docks that the DTPC said the business may use as the location for any shuttle. Commissioner Meyhoff asked if there will be any outdoor seating or tables out front. Ms. Wittman said at this time that is not proposed because there is no permission currently from MnDOT to use the right of way area. Todd Konigson, 401 Main Street South, applicant, thanked the Commission for consideration. Commissioner Steinwall asked if there will be a trash receptacle for walk-up customers. Mr. Konigson said they will address trash there and also on the interior. Commissioner Dybvig asked exactly where the take-out window will be. Jeri Noden, representing the applicant, pointed out where the take-out window will be on the graphic. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioner Dybvig suggested adding a condition requiring receptacles for trash and recycling near the walk-up window. Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve Case No. 2020-17, Special Use Permit for a Restaurant at 401 Main St S with the six staff -recommended conditions, adding Condition #7 stating the business shall be required to provide and maintain pedestrian trash and recycling adjacent to the take-out window and located on the private property. All in favor. Page 2 of 4 Planning Commission May 27, 2020 Case No. 2020-18: Consideration of Variances to allow an attached ag_rage, new kitchen and other associated improvements for the property located at 1401 Broadway St N in the RA district. Chris Rustad, property owner. Ms. Wittman stated that Chris Rustad and Vicky Simon would like to construct a new attached garage, kitchen and mudroom addition to the existing residence while adding a full second story addition to the entire home. Portions of the existing, legal, nonconforming (circa 1887) home sit within the 30' steep slope setback area. The proposed improvements are also situated in that setback area. The applicants are requesting: a 20' variance to the 30' Steep Slope Setback for an attached garage with second story living space; a 10' Variance to the 30' Steep Slope Setback for a two story breezeway with second story living space; and a 17' Variance to the 30' Steep Slope Setback for a single story kitchen addition. Due to the significant slopes on the property, it is difficult for the property owner to accommodate reasonable additions to the 722 square foot home. If the construction design is certified by an engineer, the risk of construction in the steep slope area will be minimized. Additionally, the location of the home and its proposed improvements will be minimally visible from the bottom of the steep slope. Staff recommends approval with five conditions. Chris Rustad, 220 Chestnut Street W, applicant, clarified that the kitchen addition will be two stories. Ms. Wittman pointed out that all plans will need to be reviewed by Fire, Engineering and Building Departments, and that a structural engineer and soil engineer will need to review the plans. Commissioner Steinwall asked about landscaping and water runoff especially to the east. Ms. Wittman replied staff will review landscaping and runoff at the time of building permit issuance. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Kocon said he appreciated the less acceptable alternatives that Ms. Wittman presented in the staff report. Commissioner Dybvig said he usually opposes slope variances but this appears to the be only way to save the structure. Commissioner Hansen pointed out there are tradeoffs between what is in ordinance versus real life and the plan as proposed appears to be the best alternative. Motion by Commissioner Hansen seconded by Commissioner Kocon, to approve Case No. 2020-18, Variances to allow an attached garage, new kitchen and other associated improvements at 1401 Broadway St N with the five conditions recommended by staff. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. OTHER ITEMS OF DISCUSSION Commissioner Dybvig noted that he saw the Hy-Vee project has been delayed for 60 days. Ms. Wittman explained that the developer withdrew the EAW and will be submitting a new EAW. The project will go back before the City Council in July. FYI STAFF UPDATES Page 3 of 4 Planning Commission May 27, 2020 There were no staff updates. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Meyhoff, to adjourn the meeting at 7:51 p.m. All in favor. ATTEST: Abbi Wittman, City Planner Chris Lauer, Chair Page 4 of 4 r water I H E B I R i H P I A L E Q F M I N N E S a 1 A PLANNING REPORT TO: Planning Commission CASE NO.: 2020-20 REPORT DATE: June 18, 2020 MEETING DATE: June 24, 2020 APPLICANT: Bruce McLean LAND OWNER: REQUEST: LOCATION: ZONING: PREPARED BY: REVIEWED BY: INTRODUCTION Bruce McLean would like to display and sell Premier Structure's portable sheds in the parking lot of 2001 Washington Avenue, the former Herberger's site. The sheds would be placed in the southern and Michael Givens representing Mikden of Stillwater LLC A Special Use Permit for outside sales of storage sheds 2001 Washington Avenue BPC — Business Park Commercial Abbi Wittman, City Planner Bill Turnblad, Community Development Director eastern edges of the parking lot, on the Property View from Frontage Road West (Google — August, 2018) north side of the storm pond. While the total number of sheds has not been indicated, one of the sheds is proposed to be used as a business office. SPECIFIC REQUEST Consideration of a Special Use Permit for outside sales of storage sheds. Case no. 2020-20 Page 2 ANALYSIS Section 31-325, Allowable Uses in Non -Residential Districts, indicates that "outside sales or special events"' are allowed by Special Use Permit in the BP-C Zoning District. The footnote reads: "These uses may be approved directly by the city council if the event is a one-time special event not occurring on a regular basis." Section 31-325 indicates that "outside storage" is not allowed at all in the BP-C Zoning District. So the question to be considered by the Planning Commission is whether the proposed outside display and sale of storage sheds is more similar to "outside sales or special events" or "outdoor storage". City staff is split on the interpretation. On the one hand, if stock is permanently displayed outside, it surely could be considered outside storage and not be dissimilar from a lumber yard — which would not be allowed in the BP-C district. On the other hand, how do you offer sales outside if you don't store the stock there? Special Use Permit If the Planning Commission finds the proposed use to be allowed by SUP, then it should be reviewed against the parameters found in City Code Section 31-207, Special Use Permits. The proposed structure or use conforms to the requirements and the intent of this [Zoning] chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. Zoning Code Generally speaking, there is very little outside sales in Stillwater's Business Park. The zoning code allows for outside sales or special events but Special/Conditional Use Permit but specifically excludes other similar uses (automobile sales, warehousing and outside storage). Where outside sales have been permitted, the sales have been accessory or incidental to sales within the primary structure (such as at gas stations or retail locations) or temporary (garden centers). To staff s knowledge, this is the first request for outside sales in the parking lot of a vacant building. Comprehensive Plan Comprehensive Plan Chapter 7, Economic Development, identifies the city shall "encourage mixed use development along the Highway 36 corridor". While the large parking lot can accommodate these retail items, Special/Conditional Use Permits run with the land. Outside sales in this location, in areas designated as parking for the retail building, would reduce the overall total parking spaces on the site. This could place the existing building's future use in noncompliance with the City's parking regulations, reducing the site's future redevelopment options. Public Welfare In staff s review of the request, there are some concerns to note: Case no. 2020-20 Page 3 • Though situated along the HWY 36 Frontage Road and accessed off of Washington Avenue, the overall site and the designated sales area is not clearly visible from any street. Lower visibility, combined with low to no parking lot lighting could result in the site becoming an attractive nuisance. Additionally, the request proposes no signage for the business. The places a burden on the business owner's ability to attract customers. • Since the closing of Herberger's in the fall of 2018, the City has received 115 total calls to the site. While 2/3 of these calls have been associated with the building's (questionably faulty) alarm system, nearly 30 calls have been associated with suspicious persons/activity, burglary, and abandoned vehicles. In review of calls going back five years, the site would receive less than five calls of a similar nature per year. Miscellaneous Items The applicant has indicated he has had a similar business in New Richmond, Wisconsin. In discussions with their planning staff, they advised there was no known complaints with the applicant's business though the applicant was not always onsite. Planning staff did note having a detailed and specific site, parking and signage plan should be required. Additionally, Building Official Cindy Shilts has advised a storage shed cannot be used as an office without coming into compliance with adopted building, accessibility and energy codes. POSSIBLE ACTIONS The Planning Commission has the following options: A. Approve the requested use permit and associated variances with the following conditions: 1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in Minnesota Statue Section 462.3595. 2. Plans shall be substantially similar to those found on file with CPC Case No. 2020-20, except as modified by the conditions herein. 3. All sheds will be locked during non -daylight hours. 4. The applicant will submit a detailed site plan showing the location of each individual shed, noting the total number of sheds to be onsite at one time, and customer parking. 5. The site shall be developed in accordance with the accepted site plan. 6. The business shall be allowed to have signage in accordance with a property -owner submitted and city approved sign plan for the property. 7. All signage shall be in accordance with the City's Sign Code. 8. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. B. Deny the requested use permit. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. FINDINGS AND RECOMMENDATION Case no. 2020-20 Page 4 While activating a vacant property is desired, doing so with outside sales on a permanent basis may not be a good solution. Staff questions if this could increase the public safety call volume to the site. Coupled with the fact the City's allowance of outside sales has historically been to allow for them incidental to the primary use of the property, staff does not think the request conforms to the requirements of the zoning code. Therefore, staff would recommend denial of the application. Attachments: Site Location Map Narrative Request Site Plan cc: Bruce McLean Michael Givens 1650 1 42F 1675 t: / ------ off — 3 �i 111 11 1 1 1 •el General Site Location loJ•� � .1m � CAIIN �11 •1 IIIE �f �IIII�III~ ILt� �-:'� � _ 11 - � . l e 1�,��0�• %I II .I i. � � � :F r-� it � l 1: M iff, 5 T, Ar 1-2 .�JI�!�I! ' _, Ili y�� ,o; Received MAY 2 % 2020 May 22, 2020 Community Development Department Dear Abbi Wittman Please accept this attached application and required fee, thank you for your consideration. The desired use is to sell Premier portable sheds. This Company offers sheds in 34 States. The sheds are engineered to standards, that meet and exceed requirements of the thousands of communities that purchase and enjoy Premier Structures. www.buildingsbypremier.com I will work with the property owner Michael Givens, and the City, to establish and present the buildings in the most attractive possible fashion. I intend to utilize the south end of the parking lot to display the building Sales occur year around however, this is primarily a warm season business, even in the busy season it might be reasonable to expect as few as 5 or 10 customers per day. One of the buildings will be designated as an office. Any business will be conducted out of that building. The effect on other business will be negligible as we won't be impeding any sight lines and have very little traffic, I would expect to augment businesses close by as we will be a positive presence. Please call me with any questions Bruce McLean 612-812-1524 Sincerelv. Photo of Herberger's from Google Earth. 1 �l water T H E B I R T H P L A C E O F M I N N E S 0 T A PLANNING REPORT DATE: June 18, 2020 CASE NO.: 2020-21 TO: Planning Commission APPLICANT: City of Stillwater REQUEST: Comprehensive Plan Amendment for Southwest Annexation Area FROM: Bill Turnblad, Community Development Director BACKGROUND The City of Stillwater's 2040 Comprehensive Plan identifies the 35.3 acres of property owned by Central Commons, LLC adjacent to the southwest corner of the City as a potential annexation site. It is referred to as Site G and is guided for Highway Mixed Use Development. Central Common's plans are generally consistent with that guidance. However, now that annexation of the site is imminent, there are several related elements of the 2040 Plan that will need to be updated. 2040 Comprehensive Plan - Site G Location Map V s.. fM •. L Lakeview s a Hospital i o .�.................. • "High4ray'36 Mixed llse""" i 0 s 9 Figure 2.4: Land Use Study Areas a IA00 2,00 4 00 4, Feet !111 4i $1-Htl Tl:.LL Q 2-12 The related updates include adding the 35.3 acres to the Future Land Use Map; revising growth assumptions for the City's vacant and underdeveloped properties; extending the Metropolitan Urban Service Area (MUSA) to include the property; and revising the Traffic Analysis Zone (TAZ) map and table to show the expected changes in population and employment. Comp Plan Amendment June 18, 2020 Page 2 SPECIFIC REQUEST 1. Amend Figure 2.11: Future Land Use map by adding the subject property with the Highway Mixed Use classification. 2. Amend Table 2.2: Future Land Use by adding the acreage that the subject property contributes to the various applicable land use categories. 3. Amend Table 2.5: Projected Growth Assumptions - Housing, and 2.6: Projected Growth Assumptions - Employment. 4. Amend Figure 9.8: Transportation Analysis Zones to include subject property. 5. Amend Table 9.8: Projected Growth by TAZ to include updated population and employment data for TAZ 2355. 6. Amend Page 10-3, Sanitary Sewer & Waste Water, by including the subject property in the MUSA, and by adding a Figure 10.4 mapping the boundary of the MUSA. SPECIFIC CHANGES 1. Amend Figure 2.11: Future Land Use map by adding the subject property with the Highway Mixed Use classification. Excerpt of current Future Land Use Ma 3) �- .•• - r40 5 ........_..........................__•. Fil ? e _ ......:4�............ S a r o .o HMU property being added Figure 2.11: Future Land Use '�Feee I'L;1� OI; 5; 1:1LL�l'.t I'L•k i-lY Comp Plan Amendment June 18, 2020 Page 3 2. Amend Table 2.2: Future Land Use by adding the acreage that the subject property contributes to the various applicable land use categories. Table 2.2, Future Land use Camp Plan SL Amend. Very Low Demity IN 11N.b6 IIM16 Residential Law Density 1r532.IH 1,382-40 -15050 Residential Lowfinedium 937.88 88387 -5402 Lxmsity Residential Medium Density 143A10 155.63 12.63 Residential High density 72-32 72.32 em ReSLdential tieighborhaod EL17 2191 14.74 Camtnercia] Co Mumty Co ] 16070 24.19 -13652 kigh5vav hli�oe O.dO 136.53 136.53 +30.49 Lse Dowatowo Mixed 45.46 44.85 -0.6u Dse lilrstness Muv 115.47 105.47 0.00 industrial Research, 54.59 52.99 -1.60 Develnpment Park Institutional 1111.79 124.71 22-92 Park, kec OF Open 770.77 824.15 53.39 Space Marina 15.79 15.9t1 0.11 Open Waterl 956.74 955.06 -1.67 werlands 0041 885.65 572.13 4148 +4.81 Total• 5,82130 5,82130 0A6 +35.3 3. Amend Table 2.5: Projected Growth Assumptions - Housing, and 2.6: Projected Growth Assumptions - Employment. Tables 2.5 and 2.6 show growth assumptions for vacant and underdeveloped properties within the City. They need to be edited to include the western 35.3 acres of Site G. The table amendments are included as attachments. The 200 planned apartment units on the site are expected to be completed in 2022 and would generate an estimated population of 440 at full occupancy. Using standard calculation models, the employment projected for the property ranges from 169 to 338 people. This is reflected in Table 2.6. But, the projection that the Metropolitan Council staff is comfortable with is 200 at build -out. So, 200 is the number used in the Traffic Analysis Zone table in Item 5 below. The developer on the other hand believes the property could sustain up to 540 jobs with 300 at Hy-Vee alone. Comp Plan Amendment June 18, 2020 Page 4 4. Amend Figure 9.8: Transportation Analysis Zones to include subject property. On this map, the city limit will need to be revised to include the subject property. Figure 9.8: Transportation Analysis Zones 0 [,0�0 2�70a iA00 w W Pott R/%N Uf S'rIL LWrt'CI:H jr9 5. Amend Table 9.8: Projected Growth by TAZ to include updated population and employment data for TAZ 2355. The preliminary plans for the Central Commons property include a 200 unit apartment building, a 4,500 sf convenience store with gas sales, a 95,000 square foot grocery, and two 5,000 square foot retail buildings all with expected occupancy dates in 2022. In addition two outlots with a total of 6.34 acres of developable land will be available for commercial development at some time in the future. Therefore, the data for the portion of TAZ 2355 being annexed with Central Commons would need to be entered into Table 9.8. That data is as follows: 2030 2040 Po ulation Households Em to ment Population Households Employment 440 1 200 1 200 440 200 200 6. Amend Page 10-3, Sanitary Sewer & Waste Water, by including the subject property in the MUSA, and by adding a Figure 10.4 mapping the boundary of the MUSA. On Page 10-2 and 10-3 of the Water Resources Chapter there is a section entitled Sanitary Sewer & Waste Water. It reads: Sanitary Sewer management is an important aspect of our urban environment. Citizens in today's cities generate significant amounts of waste. The proper disposal and Comp Plan Amendment June 18, 2020 Page 5 management of these waters is critical for the maintenance of public health, the protection and preservation of our water resources, and the area's future growth. The Metropolitan Council Environmental Services (MCES) operates the metropolitan - wide sewer system and requires that the city submit a Sanitary Sewer Plan as part of the comprehensive plan update every ten years. The plan is reviewed to ensure conformance with MCES's 2040 Water Resources Policy Plan and the Metropolitan Council's Thrive MSP 2040 to ensure that the Council's regional wastewater system has adequate capacity to serve the future needs of the region. Conformance for wastewater means that, within the Metropolitan Urban Service Area, communities are meeting the overall density expectations identified in Thrive MSP 2040. City staff proposes to add a paragraph to this section. It would read as follows: The entire City of Stillwater lies within the Metropolitan Urban Service Area (MUSA). And as annexation of Site G (see Page 2-15 to 2-16) occurs, the MUSA area will need to expand to include the site. Consequently, the Comprehensive Plan Amendment adopted by the city in 2020 expands the MUSA to include the property shown in Figure 10.4. N 3 C N C C Ca Highway 36 iJ Figure 10.4 - 2020 Addition to MUSA Subject Property Municipalities STILLWATER GRANT - LAKE ELMO OAK PARK HEIGHTS STILLWATER TOWNSHIP — 1. 7 Comp Plan Amendment June 18, 2020 Page 6 POSSIBLE CHANGE There is the possibility that modifications may also occur to the City's Affordable Housing Numbers (Table 4.7), which could result in changes to Table 4.13 (Affordable Housing Calculations). This will likely be known after Metropolitan Council staff reviews the pre -application materials prior to City Council consideration of this case. ALTERNATIVES A. Approval If the Planning Commission finds the request satisfactory, it could recommend that the City Council approve it. B. Table If the Planning Commission would like additional information, it could table the review. C. Denial If the Planning Commission finds the request to be unsatisfactory, it could recommend that the City Council deny it. With a recommendation of denial, the basis of the recommendation should be given. RECOMMENDATION Staff recommends approval of each of the six elements of this Comprehensive Plan Amendment. Attachments: Long Term Service Areas Map (aka MUSA Map) Table 2.5 Table 2.6 bt Regional Wastewater System Long -Term Service Areas City of Stillwater, Washington County F 4 Stillwater Twp. PWW k__ ST CROIX I ------------------------- p� --- r 40 0 Grant I n I I r--t--J T �J Lake Elmo j N 0 0.5 1 w�e Miles ■ Existing MCES Treatment Plants Existing Interceptors Gravity Forcemains Outfall L County Boundaries jL--- I City and Township Boundaries NCompass Street Centerlines Lakes and Rivers Stillwater I Baytown I I Twp• I j Treatment Plant Service Areas Current Potential Rural Centers 0 0 Metro 0 0 Blue Lake 0 Seneca 0 0 Empire 0 Eagles Point 0 0 St. Croix Valley 0 0 Hastings 0 0 Rogers 0 East Bethel 0 0 port ® Shakopee Mdewakanton Sioux Community Scott Co. Urban Expansion Scott Co. Rural Center Expansion Wildlife Mgmt. Area Orderly Annexations = Rural Centers Pre-2030 ® Blue Lake Pre-2030 Rural Centers Post-2030 ® Blue Lake Post-2030 ® Empire Post-2030 Table 2.5: Projected Growth Assumptions By Phase - Housing Growth Areas Highway 36 Mixed Use Net Developable Acres Acres Residential Percent Net Developable (Residential) Acres Density Min 12 Min Range Max 25 Max Phasing of Net 2020 Developable 2030 2040 2020 2030 2040 2020 2030 2040 Mixed Use 136.53 30% 40.96 0% 35% 25% 0 172 295 0 358 2020 2030 614 2040 Lakeview Hospital (existing site) Acres Percent 2020 2030 2040 2020 2030 2040 Medium Density Residential 12.63 100% 12.63 6 14.5 20% 30% 50% 15 38 76 37 92 183 Downtown Redevelopment Acres Percent Acres Min Max 2020 2030 2040 2020 2030 2040 2020 2030 2040 Mixed Use 4.84 30% 1.45 25 50 0% 100% 0% 0 36 36 0 73 73 Site A Acres Percent Acres Min Max 2020 2030 2040 2020 2030 2040 2020 2030 2040 Research, Development Park 66.52 0% 0.00 0 0 70% 20% 10% 0 0 0 0 0 0 Site B Acres Percent Acres Min Max 2020 2030 2040 2020 2030 2040 2020 2030 2040 Low/Medium Density Residential 15.46 100% 15.46 5 9.7 50% 50% 0% 39 77 77 75 150 150 Medium Density Residential 11.90 100% 11.90 6 14.5 50% 50% 0% 36 71 71 86 173 173 Site C Acres Percent Acres Min Max 2020 2030 2040 2020 2030 2040 2020 2030 2040 Neighborhood Commercial 9.78 0% 0.00 0 0 25% 25% 50% 0 0 0 0 0 0 Site D Acres Percent Min Max 2020 2030 2040 2020 2030 2040 2020 2030 2040 Low Density Residential 21.99 100% 21.99 1 4.4 25% 25% 50% 5 11 22 24 48 97 Low/Medium Density Residential 21.15 100% 21.15 5 9.7 50% 25% 25% 53 79 106 103 154 205 ite E Acres Percent Acres Min a 2020 2030 2040 2020 2030 2040 2020 2030 2040 Low/Medium Density Residential 20.46 100% 20.46 5 9.7 75% 25% 0% 77 102 102 149 198 198 Medium Density Residential 25.65 Acres 118.73 Acres 100% Percent 100% Percent 25.65 Acres 118.73 Acres 6 Min 0.3 1 0.3 14.5 1 1 75% 25% 0% 115 154 154 279 372 372 Site F 2020 2030 2040 2020 2030 2040 2020 2030 2040 Very Low Density Residential 0% 0% 0% 0 0 0 0 0 0 Vacant Land 020 2030 2040 2020 2030 2040 2020 2030 2040 Low Density Residential 4.13 100% 4.13 30% 40% 30% 0 1 1 1 3 4 Low/Medium Density Residential 8.35 100% 8.35 5 9.7 30% 40% 30% 13 29 42 24 57 81 Medium Density Residential 0.94 100% 0.94 6 14.5 100% 0% 0% 6 6 6 14 14 14 Total 479.07 - 303.81 - - - - - 359 777 988 792 1,691 2,164 Met Council Growth Projections (Net): *** 770 1,370 1,970 770 1,370 1,970 Differential: -411 -593 -982 22 321 194 Notes: * The net developable acres exclude wetlands and right-of-way. ** The total number of units projected in a time horizon (i.e., 2020, 2030 and 2040) is cumulative from the previous time bin. *** The growth projection determined for 2020 was determined by using the difference between 2017 Met Council housing estimates (7,630 housing units). Time Periods The time periods used in Table 2.5 are defined below: • Year 2020 = 2019 to 2020 • Year 2030 = 2021 to 2030 • Year 2040 = 2031 to 2040 2-27 Table 2.6: Projected Growth Assumptions By Phase - Employment Growth Areas Highway 36 Mixed Use Net Developable Acres Acres Employment Percent Net o... Sq.Ft. sq.ft. FAR Min Max sq.ft. sq.ft. Phasing of 2020 Net Developable 2030 2040 2020 jobs 2030 2040 2020 0 2020 o. 2030 729 2030 2040 1,249 2040 Mixed Use 136.53 70% 4,163,058 0.25 0.5 1,000 0`7° 35% 25% 0 364 624 Downtown Redevelopment Acres Percent sq.ft. Min Max sq.ft. 2020 2030 2040 2020 2030 2040 Mixed Use 4.84 70% 147,631 0.5 2 1,000 0% 100% 0% 0 74 74 0 295 295 Site A Acres Percent sq.ft. Min Max sq.ft. 2020 2030 2040 2020 2030 2040 2020 2030 2040 Research, Development Park 66.52 100% 2,897,766 0.25 1 1,000 70% 20 /° ° 10 /° 507 652 724 2,028 2,608 2,898 Site C Acres Percent sq.ft. Min Max sq.ft. 2020 2030 2040 2020 A2030 2040 2020 2030 2040 Neighborhood Commercial 9.78 100% 426,023 0.25 0.5 1,000 25 /° 25 /° ° 50 /° 27 53 107 53 107 213 Total 217.67 - 7,634,478 - - - - - - 534 1,143 1,529 2,082 3,738 4,655 Met Council Growth Projections (Net): *** 600 1,200 1,600 600 1,200 1,600 Differential: -66 -57 -71 1,482 2,538 3,055 * The net developable acres exclude wetlands and right-of-way. ** The total number of jobs projected in a time horizon (i.e., 2020, 2030 and 2040) is cumulative from the previous time bin. *** The growth projection determined for 2020 was determined by using 2017 Census job estimates (10,100 jobs). Disclaimer: Table 2.6 was created to demonstrate the City's ability to accommodate the socioeconomic forecasts generated by the Metropolitan Council. Please note that the Floor Area Ratios (FARs) used for this planning exercise should not be used to dictate the size of development. Instead, the City's Zoning Code should be referenced to determine the size of development. The City's Zoning Code is the official document that prescribes the size of development. 2-28 r water I H E B I R i H P I A L E Q F M I N N E S a 1 A PLANNING REPORT TO: Planning Commission CASE NO.: 2020-20 REPORT DATE: June 18, 2020 MEETING DATE: June 24, 2020 APPLICANT: Keith Hermanson LAND OWNER: Keith Hermanson REQUEST: Variances associated with the construction of a single family dwelling LOCATION: 595 Marquee Court ZONING: RA — One Family Residential PREPARED BY: Abbi Wittman, City Planner REVIEWED BY: Bill Turnblad, Community Development Director INTRODUCTION Keith Hermanson has designed a single family dwelling proposed to be located at 595 Marquee Court. The property is located in the Preserves of Stillwater platted neighborhood. The properties on the north side of Marquee Court in this neighborhood back wetland areas. Each of these properties have significant wetland buffers and setbacks. To help ensure natural resource protection, the Planning Commission granted 5' variances to the 30' front yard setback at the time of preliminary plat approval; each of these homes, including 595 Marquee Court, was permitted to have a 25' front yard setback. The applicant is proposing the home to have a 20' front yard setback. SPECIFIC REQUEST Consideration of a 5' variance to allow a 20' front yard setback rather than the 25' setback of record. ANALYSIS The purpose of the variance is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement... would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not Case no. 2020-20 Page 2 be considered grounds for issuance of a variance" and "...a previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits." Section 31-208 further indicates: ■ Economic considerations alone do not constitute practical difficulties. ■ A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. 1. No variance maybe granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Single family homes with attached garages are permitted in the RB — Two Family Residential zoning district. 2. The variance must be in harmony with the Zoning Code and the Comprehensive Plan. a. What is the purpose of the regulation for which the variance is being requested? The Front Yard setback is required for uniform neighborhood development pattern and to allow for onsite drainage. b. If granted, would the proposed variance be out of harmony with the Zoning Code? The proposed home would still allow for these things. c. If granted, would the proposed variance be out of harmony with the Comprehensive Plan? No, it would not be out of harmony with the Comprehensive Plan. 3. A variance may be granted when the applicant establishes that there are `practical difficulties " in complying with the Zoning Code. A practical difficulty means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute a 'practical difficulty ". a. Is the property proposed to be used in a reasonable manner? The use of the property a single family home with attached garage is reasonable. b. Is the plight of the landowner due to circumstances unique to the property? The lot is situated between the Marquee Court right-of-way and a high -quality wetland. The combination of the Front Yard Setback, the wetland's buffer and structural setback reduce the area where structure may be placed to less than 50' in depth while most other lots are greater than 50'. Additionally, the house and its improvements cannot be pushed closer to the wetland as the structure is proposed to the wetland buffer's 20' structural setback line. Are the circumstances created by the landowner? The underlying conditions were not created by the landowner; the parcel's characteristics, including setback and buffers, were in existence prior to purchase. However, the applicant did have the house designed for this property. The applicant has stated he was not made aware of the 20' structural setback from a wetland until after the home was designed. Case no. 2020-20 Page 3 d. If granted, would the variance alter the essential character of the locality? Five of the seven lots in the Preserve of Stillwater, including this property, are permitted to have a 25' front yard area to help protect the wetland resource. A 20' front yard area is not so significantly out of character for the development. e. Have practical difficulties been established independent of economic considerations? Yes. POSSIBLE ACTIONS The Planning Commission has the following options: A. Approve the requested variances with the following conditions: 1. Plans shall be substantially similar to those found on file with CPC Case No. 2020- 22, except as modified by the conditions herein. 2. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. 3. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. B. Deny the requested variances. With a denial, findings of fact supporting the decision must be provided. C. Table the request for additional information. FINDINGS AND RECOMMENDATION Staff finds the request conforms to the zoning code, is not in conflict with the Comprehensive Plan and has established practical difficulties for the issuance of the variance. Therefore, staff recommends approval of the request with the conditions outlined in Alternative A, above. Attachments: Site Location Map Certificate of Survey Preliminary Plat Site and Wetland Plan cc: Keith Hermanson 91 �AL. 910 900 !f`rt, s lar r IWO- '/4,6 4 �, "�./ ✓ v 7817 � p 01- Revl;i[n:�: N Certificate of Survey for: - J. BROWN HOMES -- House Address: !— 595 M nee Cp SbiRwater, MIST O t � , �Y 1 � , O 4 'Y - 4,0 w ;'I v c� U1 O I Z C71C;1 `= I e / Drainage and Utility Easement `� Y WETLAND 3 •��', HWL = OM (2 1R) y _ C-) HWL HWL(10 1R) 1 / = eotr:e (100 vR) 1 C7 fPlanand-��rr l/) III I LAND 2M] �, . y tlWt BOa.9 (it UWL - (it)57r Hwt • 90&7 aa7 (1 W m) \ � 1. a � `rr j�� i -Proposed Wetland Blgn-,I i 70' 6etboe4 to _ x.aend aPlfw_ oj s� s gj aZ + *BUILDING DIMENSIONS PER OWNER* yPx Al. *HOUSE PLACEMENT AND SETBACKS PER OWNER* W So 40, DOFF 6"i—le rear of Fpproabvnelnq Ped Per r d1{ •,y _ .1�,� �r _ q,ading plw t `� JOLo GAL DESCRIPTION; e.0e OFFSET CHMARK Lot Z Block 1, THE PRESERVE OF STiLLWATER, BEN TOP OF SPIKE Washington County, Minnesota '7 Sf) `r "'•0To Denotes Existing Hydrant Q7-s Minimum Lowest Floor Elevation: 918.5 Tc ❑ Denotes Existing Electric Box ^?� D2Z3 ® PROPOSED BUILDING ELEVATIONS t,�. � �1 re Denotes Existing television Box Lowest Floor Elevation: �8 L,'} C Cti ❑Denotes Existing Telephone Box f Denotes Existing Light Pole Top of Foundation Elevation: 928.9 o Denotes Existing Service Garage Slab Elevation (at door). 928.5 o Denotes Existing Curb Stop x 0000 Denotes Existing Elevation Bearings shown are assumed ES: Boo. Denotes Proposed Elevation 1. 1. Proposed building site grading is in accordance with the GRAPHIC SCALE Denotes Direction of Drainage grading plans prepared by Elan Design Lab, last revised 20 40 81) Denotes Drainage do Utility Easement 5/13/16. 2. Contractor must verify sewer depth. (per recorded plat) 3. Dti w ys she" are for grcpbkl pvrposes only. Final driveway Denotes Iron Monument deslgn and location to be determined by owner/buider. (IN FEET 4. All building foundation dimensions shown m this eurra (11x17 sheet Include "Iterlor loundotlon Insulation widths, If applicable, i36 8702,Oa1 NJS Refer to And building plans for roandotlm de(ony Carlson I hereby certify to J. Brown Homes that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota, McCain Dated this 14th day of May, 2020. Sypnil ►nn )a Inc. ENVIRONMENTAL• ENGINEERING -SURVEYING 3890 Pheasant Ridge Drive NE, By, SUlte 100, Blaine, MN 55449 woof 0. Balluff, i.5. dg. No. 40361 Phone: 763-489-7900 Fax: 763-489-7959 PAtdr I Slomqufrl, L.S. Rey, No. 51676 f.A�sLA WETLAND SUMMARY AREA IMPACT BALANCE WETLAND 1 13,416 SF. 433 SF 12,983 SF 031 AC. 001 AC 0,30 AG WETLAND 2 34,294 SF 34,111 SF 079 AC. 079 AC WETLAND 3 2,857 SF _ 2,057 SF. 006 AC 006 AC, WETLAND 4 11661 51 545 SF, 1,316 SF 004 AC 0.01 AC 0,03 AC TOTAL 52,42E S . 976 SF. 51,450 SF. 4 L20 AS". C. 0.02 AC 1.18 AC • LESS THAN 1,000 SF. DE MINIMIS ALLOWED UNDER WETLAND CONSERVATION ACT WTHOUT MITIGATION OR SEQUENCING LOT SUMMARY .OT AREA NET OF WETLAND & EDT GROSS LOT AREA WETLAND BUFFER LOT 5 bB,7B2 SF. 25.094 SF 153 AC 057 AC 19,653 BE 14,621 V 0.45 AC 0.34 AC LOT 6 30.558 SF. 070 AC 15,766 SF 0.35 AC LOT 7 23,B7D SF 055 AC 19,660 SF M45 AC LOT 6 21.951 SE 0.50 AC 21.951 SF 0.5D AC OUTLOT A 1,791 SE 004 AC RIGHT-GF-WAY 36,517 SE 084 AC TOTAL 324.453 SF 7 44 AC 143,717 SF. 3 30 AC PROJECT SUMMARY TOTAL AREA 340,041 SE 7.82 AC 33' BOUTWELL RD ROW 16.380 SE 03B AC CROSS AREA 324,453 SF 744 AC REMAINING WETLAND AREA 51,450 SF 118 AC NEW RIGHT-OF-WAY 36,517 SF. 004 AC OUTLOT A 1,791 SF 004 AC NET AREA 234,695 SF 538 AC TOTAL LOTS B LOTS CROSS DENSITY 1 OB UNIT/AC NET DENSITY 1 49 UNIT/AC ZONING : RA - ONE FAMILY RESIDENTIAL ............... BUILDING SETBACKS FRONT 30' SIDE 10' REAR 25' MINIMUM LOT STANDARD LOT AREA 10,000 SF. LOT WIDTH 75 FEET LOT DEPTH 100 FEET ALL YAvAW ;01 y1Aly4R0 Mz, VARIANCE SUMMARY LOT 1, 3, 4, 5 W 6 FRONT YARD SETBACK REDUCED FROM 30' TO 35 LOT 2 WETLAND BUFFER REDUCED FROM 50' TO 35' MINIMUM DUE TO EXISTING HOUSE THAD RICH 13310 BOUTWELL ROAD NORTH STILLWATER, MN 55082 612-770-7653 RICHLIND STILLWATER, MINNESOTA PRELIMINARY PLAT RESUBMITTAL 01/30/15 SITE PLAN NOTES BACKGROUND INFORMATION TAKEN FROM BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY PERFORMED BY CORNERSTONE LAND SUWETLAN,INC, NEATER By NINNESOTA, VI .NNE 4, 2014, EXPRESSLY FOR THIS PROJECT. WETLANDS 7,2011A BY KUOUVWF ENVIRONMENTAL SERVICES COMPANY, INC DATE OF REPORT MAY 20 2014 AND WETLAND FLAGS LOCATED BY ER CORNERSTONE LAND SLOCATINC, INC ON .NNE 4, LAN TREES SHOWN ON THIS SURVEY WERE IDENBFlEO AND FIELD LOCATCp BY CORNER STORE LAND SURVEYING r 2 INDIMDUAL LOT INFILTRATION BA9NS TO BE BUILT AT THE TIME OF HOUSE CONSTRUCTION SIG N' EACH BASIR TO BE SIZED TO STORE AND INFILTRATE 05" RUNOFF FROM ALL IMPERVIOUS AREAS THAT DO NOT DRAIN TO THE STREET. SITE INFILTRATION BASINS IN LOCATIONS THAT g01 N 3rd STRCCT, SUITE 120 INTERCEPT THE RUNDLT OR DIRECT THE RUNOFF TO THE BASINS THOUGH THE USE OF CUTTERS AND/OR PIPES MINNEAPOLIS. MN 55401 LEGEND P 6Tzzfi079r0 r z r1....r....� wz2.T990 OWETLAND IMPACT 97B 9E (LESS THAN 1.000 SF OF MINIMS ALLOWED BY MCA) BUFFER VARIANCE FOR LOT 2 O BUILDABLE LOT AREA Allrww,C1i17O ••tI SITE PLAN & WETLAND PLAN 40 C2.1 120 sEALE 1N FEET CLS14002