CITY COUNCIL

DATE:

May 12, 2016

APPLICANT:

Richard Gagne, The Ponds At Heifort Hills, LLC

LAND OWNER:

Kenneth & Geraldine Heifort

REQUEST:

CASE NO.: 2016-14

1) Rezoning from AP, Agricultural Preservation to RB, Two-Family Residential

2) Concept Planned Unit Development for 48 detached homes in two phases
3) Preliminary plat for The Ponds at Heifort Hills, 24 homes in Phase 1

LOCATION:

8753 & 8911 Neal Avenue

PREPARED BY:

Bill Turnblad, Community Development Director

BACKGROUND
Richard Gagne, representing The Ponds at Heifort Hills, LLC, is proposing to develop the 25 acre
Heifort property. It is located at 8753 & 8911 Neal Avenue North.
Since a majority of the property lies within the Natural Environment Shoreland District of South
Twin Lake, the development project is designed as a two-phased Shoreland Planned Unit
Development (PUD). The first phase is to develop the south half of the site with 24 detached
townhomes. The second phase would create another 24 houses.
The attached planning report gives a complete review of the project.

SPECIFIC REQUEST
The developer is requesting approval of:
1) First reading of an ordinance to rezone phase ones 15.2 acres from AP, Agricultural
Preservation to RB, Two-Family Residential; and
2) Concept Shoreland PUD Permit approval for 25 acres encompassing both phases of
development; and
3) Preliminary plat approval for The Ponds at Heifort Hills, which includes the 24 homes of
the first phase.

Ponds at Heifort Hills

May 12, 2016
Page 2

RECOMMENDATIONS
Planning Commission
The Planning Commission recommends approval (6-1 vote) of the Concept PUD, rezoning and
preliminary plat for phase one, with the conditions found in the Planning Report.
Park Commission
Since additional wetlands were discovered on the property, and re-design became necessary, the
project was not ready for review by the Park Commission at their April 25th meeting. It is
scheduled for review on May 23rd. So, if the City Council takes action on May 17th, it should be
contingent upon Commission approval of the plan. A condition to this effect has been added to
Alternative A below.
City staff
Subsequent to the Planning Commission public hearing and recommendation, additional
wetlands were discovered on the property and can be seen in Map A attached to this memo.
Consequently, minor changes to the proposal have been made and are seen in Map B. These
changes are:
1. The northern cul-de-sac was moved five feet to the south.
2. One driveway serving the north cluster of six houses has been eliminated by recombining
drives.
3. The private road serving the north cluster of six homes has been realigned to avoid all but
a 388 square foot impact1 on the recently discovered wetland.
4. The north cluster of homes have been re-arranged.
Community Development and Public Works staff recommend approval of the requests, but in
order to address these minor changes, as well as several other items, we recommend adding the
following six conditions:
1. The developer must submit the wetland impact plan to the Washington County
Conservation District for comments. The developer will need to include these comments
with the final plat application materials.
2. Any buffer area around the northwesterly wetland that is graded within 25 feet of its
delineated edge must be mitigated by protecting additional ungraded contiguous buffer
in a one to one ratio.
3. Outlot A, which includes the northwesterly wetland, should be expanded to include the
recently discovered wetland area.
4. The location of the utility connections in Neal Avenue that are intended for future
development on the west side of the street must be located placed at the direction of the
City Engineer. These approved locations are to be included in the materials submitted
with the final plat application for phase one.
5. The developer is to work with the Bruns Family, who live opposite the northern cul-desac access onto Neal Avenue, to effectively screen the headlights from vehicles that will be
1

The Minnesota Wetland Conservation Act allows up to 400 square feet of the recently discovered wetland to be
filled without the requirement for a wetland mitigation plan.

Ponds at Heifort Hills

May 12, 2016
Page 3

exiting from the new cul-de-sac. The screening plan will need to be submitted with the
final plat application materials for Phase One.
6. If the Stillwater Park Commission does not find the proposal satisfactory, changes to the
plans must be made to address the concerns and be included in the final plat application
materials for Phase One.

ALTERNATIVES
A. Approval. If the City Council finds the project satisfactory, approve the first reading of the

rezoning ordinance for Phase One, the preliminary plat for Phase One and the concept PUD
for the entire project, all with the following conditions (which include those recommended by
the Planning Commission and the six additional conditions added by staff):
1. The site shall be developed in substantial conformance with the following plans on file
with the Community Development Department, except as may be modified by the
conditions herein:
Concept Plan D
5/11/16
Northerly Concept Plan
2/19/16
Existing Conditions
2/19/16
Preliminary Plat
5/11/16
Tree Preservation & Landscape Plan
L1 3/18/16
Tree Canopy Area Plan
L2 3/18/16
Heifort Hills Tree Survey
3/17/16
Proposed Site Plan
C1 5/11/16
Grading & Erosion Control Plan
C2 5/11/16
Utility Plan
C3 5/11/16
Building Elevations Streetscape
1.0 2/4/16
Main & Lower Level Plans
2.0A 2/4/16
Optional Floor Plan A, Garage Right
2.0B 2/4/16
Floor Plan B
2.0C 2/4/16
Optional Floor Plan B, Garage Right
2.0D 2/4/16
Floor Plan C, Garage Left
2.0E 2/4/16
Floor Plan CII, Garage Right
2.0F 2/4/16
2. All civil engineering plans must be found satisfactory to the City Engineer, or revised
to his satisfaction prior to release of the Final Plat for filing with Washington County.
3. The developer must submit the wetland impact plan to the Washington County
Conservation District for comments. The developer will need to include these
comments with the final plat application materials.
4. Any buffer area around the northwesterly wetland that is graded within 25 feet of its
delineated edge must be mitigated by protecting additional ungraded contiguous
buffer in a one to one ratio.
5. Outlot A, which includes the northwesterly wetland, should be expanded to include
the recently discovered wetland area.
6. The location of the utility connections in Neal Avenue that are intended for future
development on the west side of the street must be located placed at the direction of

Ponds at Heifort Hills

May 12, 2016
Page 4

7.
8.

9.
10.

11.
12.
13.

14.
15.

16.

17.

18.
19.

20.
21.

22.

the City Engineer. These approved locations are to be included in the materials
submitted with the final plat application for Phase One.
All public utilities that are located on privately owned property will need to be
encumbered by drainage and utility easements.
Development impact fees for each phase must be paid to the City prior to release of
the Final Plat for that phase of development. This includes fees for parks, trails,
transportation adequacy, trout stream mitigation, trunk sewer and trunk water.
Stormwater and grading plans must be approved by the Browns Creek Watershed
District prior to City Council approval of the Final Plat for each phase.
The developer is to construct Neal Avenue to the urban standard specified by the City
Engineer. The costs of these developer improvements will be credited against the
Transportation Adequacy Fee included in Item 8 above.
The name Heifort Court already exists in Stillwater, so an alternate name must be
selected by the developer for this cul-de-sac.
One street light will be required for each of the two cul-de-sacs in this phase. These
must be included on the final plat application materials.
No trees will be allowed within the right-of-way of the public streets. The only
exception is that the trees shown within the grassy centers of the cul-de-sacs will be
permitted as long as they are maintained by the Home Owners Association.
All electrical and communications utility lines shall be buried. This shall be specified
in the plans submitted for final plat approval.
Review comments from the Browns Creek Watershed District must be addressed in
the Final Plat application materials. This includes review and approval of the location
of the averaged wetland/pond buffer limits.
The boundaries of the wetland/pond buffers must be signed according to Browns
Creek Watershed District rules. This signage must be shown on final plat application
materials.
Since there are insufficient stormwater details provided for Phase Two of the PUD, an
open space analysis could not be completed for that phase. Therefore, when the
preliminary plat for Phase Two is submitted, it must document a minimum of 50%
open space.
Details about impervious coverage for Phase Two will need to be submitted with the
preliminary plat for that phase. No more than 25% is permitted.
The final PUD plan for Phase Two may have to be revised to include access to the
neighboring property. The decision to include the access or not will be based upon a
public discussion including the two impacted properties, the developer and the City.
The rezoning will not be published, nor will it become effective until after the Final
Plat is approved by the City and filed with Washington County for recording.
Prior to submitting the Final Plat application, the developer must work with the City
to site a Neal Avenue trail segment that avoids wetlands yet accomplishes the trail
system connectivity goals for the segment. The developers cost for constructing this
trail will be credited against required park and trail dedication fees.
The developer is to work with the Bruns Family, who lives opposite the northern culde-sac access point onto Neal Avenue, to effectively screen the headlights from
vehicles exiting this proposed cul-de-sac. The screening plan will need to be
submitted with the final plat application materials for phase one.

Ponds at Heifort Hills

May 12, 2016
Page 5

23. If the Stillwater Park Commission does not find the proposal satisfactory, changes to
the plans must be made to address the concerns and be included in the final plat
application materials for Phase One.
B.
Table
If the City Council finds that additional information or discussion is
necessary, table the review.
C.
Denial
If the City Council finds the concept PUD plan, rezoning or preliminary
plat to be unsatisfactory, it could deny the requests. With a denial, the basis of the action should
be given.

Attachments:

cc:

Map A: Additional wetlands

Map B: Revised Site Plan
Concept PUD Resolution
Preliminary Plat Resolution
Rezoning Ordinance
Planning Report

Richard Gagne
Tim Freeman
Jennifer Sorensen, DNR Regional Hydrologist

Ponds at Heifort Hills

May 12, 2016
Page 6

Map A

Ponds at Heifort Hills

May 12, 2016
Page 7

Map B
Revised Site Plan

CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2016A RESOLUTION APPROVING
THE CONCEPT PLANNED UNIT DEVELOPMENT
FOR THE PONDS AT HEIFORT HILLS,
A DETACHED TOWNHOME DEVLOPMENT LOCATED ON
NEAL AVENUE NORTH
CASE NO. 2016-14
WHEREAS, Richard Gagne, representing The Ponds at Heifort Hills, LLC has
made application for approval of a Concept Shoreland Planned Unit Development
(PUD) Permit to encompass approximately 25 acres located at 8753 & 8911 Neal Avenue,
legally described as follows:
See Exhibit A; and
WHEREAS, on April 13, 2016 the Planning Commission held a public hearing on
the case and on a 6 to 1 vote recommended approval of: a) the ordinance rezoning the
property to be developed in Phase One of the project; and b) a Conceptual PUD permit
for all 25 acres; and c) the Preliminary Plat for the 24 houses in Phase One of the project;
and
WHEREAS, on May 17, 2016 the City Council held a public hearing to consider
the development proposal; and
WHEREAS, the Planning Commission and City Council found the Concept
PUD, and the Preliminary Plat for Phase One and the rezoning to be consistent with the
Citys Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and the Citys
infrastructure can support the proposed development.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the requested Concept Shoreland Planned Unit Development
Permit with the following conditions:
1. The site shall be developed in substantial conformance with the following
plans on file with the Community Development Department, except as may
be modified by the conditions herein:
Concept Plan D
5/11/16
Northerly Concept Plan
2/19/16

Res No. 2016Page 2 of 4

2.

3.

4.

5.
6.

7.

8.

9.
10.

11.

Existing Conditions
2/19/16
Phase One Preliminary Plat
5/11/16
Phase One Tree Preservation & Landscape Plan
L1 3/18/16
Phase One Site Plan
C1 5/11/16
Phase One Grading & Erosion Control Plan
C2 5/11/16
Phase One Utility Plan
C3 5/11/16
Building Elevations Streetscape
1.0 2/4/16
Main & Lower Level Plans
2.0A 2/4/16
Optional Floor Plan A, Garage Right
2.0B 2/4/16
Floor Plan B
2.0C 2/4/16
Optional Floor Plan B, Garage Right
2.0D 2/4/16
Floor Plan C, Garage Left
2.0E 2/4/16
Floor Plan CII, Garage Right
2.0F 2/4/16
All civil engineering plans must be found satisfactory to the City Engineer, or
revised to his satisfaction prior to release of any Final Plats for filing with
Washington County.
Any buffer area around the wetland abutting Neal Avenue that is graded
within 25 feet of its delineated edge must be mitigated by protecting
additional ungraded contiguous buffer in a one to one ratio.
The location of the utility connections in Neal Avenue that are intended for
future development on the west side of the street must be located placed at
the direction of the City Engineer. These approved locations are to be
included in the materials submitted with the final plat application for phase
one.
All public utilities that are located on privately owned property will need to
be encumbered by drainage and utility easements.
Development impact fees for each phase must be paid to the City prior to
release of the Final Plat for that phase of development. This includes fees for
parks, trails, transportation adequacy, trout stream mitigation, trunk sewer
and trunk water.
Stormwater and grading plans must be approved by the Browns Creek
Watershed District prior to City Council approval of the Final Plat for each
phase.
The developer is to construct Neal Avenue to the urban standard specified by
the City Engineer. The costs of these developer improvements will be
credited against the Transportation Adequacy Fee included in Item 6 above.
One street light will be required for each cul-de-sac. These must be included
on the final plat application materials for the respective phases.
No trees will be allowed within the right-of-way of the public streets. The
only exception is that the trees shown within the grassy centers of the cul-desacs will be permitted as long as they are maintained by the Home Owners
Association.
All electrical and communications utility lines shall be buried. This shall be
specified in the plans submitted for final plat approval for each phase.

Res No. 2016Page 3 of 4

12. Review comments from the Browns Creek Watershed District must be
addressed in any Final Plat application materials. This includes review and
approval of the location of the averaged wetland/pond buffer limits.
13. The boundaries of the wetland/pond buffers must be signed according to
Browns Creek Watershed District rules. This signage must be shown on
final plat application materials.
14. Since there are insufficient stormwater details provided for Phase Two of the
PUD, an open space analysis could not be completed for that phase.
Therefore, when the preliminary plat for Phase Two is submitted, it must
document a minimum of 50% open space.
15. Details about impervious coverage for Phase Two will need to be submitted
with the preliminary plat for that phase. No more than 25% is permitted.
16. The final PUD plan for Phase Two may have to be revised to include access
to the neighboring property. The decision to include the access or not will be
based upon a public discussion including the two impacted properties, the
developer and the City.
17. The rezoning for each phase of development will not be published, nor will it
become effective until after the Final Plat for that phase is approved by the
City and filed with Washington County for recording.
18. Prior to submitting any Final Plat applications, the developer must work with
the City to site a Neal Avenue trail segment that avoids wetlands yet
accomplishes the trail system connectivity goals for the segment. The
developers cost for constructing this trail will be credited against required
park and trail dedication fees.

Enacted by the City Council of the City of Stillwater, Minnesota this 17TH day of May,
2016.

CITY OF STILLWATER

Ted Kozlowski, Mayor

ATTEST:

Diane Ward, City Clerk

Res No. 2016Page 4 of 4

Exhibit A

ORDINANCE NO.
AN ORDINANCE AMENDING THE STILLWATER CITY CODE
SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS
BY REZONING APPROXIMATELY FIFTEEN ACRES TO
RB, TWO-FAMILY RESIDENTIAL

The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain:
Section 1.
The zoning of the subject property, location of which is legally
described in Exhibit A, is hereby amended to RB, Two-Family Residential. This proceeding
is known as Case 2016-14.
Section 2.
This Ordinance shall be in full force and effect from and after
publication according to law.
Section 3.
This Ordinance shall not be published until the Final Plat for the
subject property is approved by the City Council.
Section 4.

In all other ways the Stillwater City Code shall remain in full force and

effect.

Adopted by the City Council this 17th of May, 2016.

CITY OF STILLWATER

Ted Kozlowski, Mayor

ATTEST:

Diane Ward, City Clerk

Exhibit A
Legal Description

CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2016A RESOLUTION APPROVING
THE PRELIMINARY PLAT FOR
THE PONDS AT HEIFORT HILLS,
A DETACHED TOWNHOME DEVLOPMENT LOCATED ON
NEAL AVENUE NORTH
CASE NO. 2016-14
WHEREAS, Richard Gagne, representing The Ponds at Heifort Hills, LLC has
submitted an application for approval of a Preliminary Plat for the development to be
known as THE PONDS AT HEIFORT HILLS, the first phase of a Planned Unit
Development (PUD), legal description of this first phase is as follows:
See Exhibit A; and
WHEREAS, on April 13, 2016 the Planning Commission held a public hearing on
the case and on a 6 to 1 vote recommended approval of: a) the ordinance rezoning the
property to be developed in Phase One of the project; and b) a Conceptual PUD permit
for all 25 acres; and c) the Preliminary Plat for the 24 houses in Phase One of the project;
and
WHEREAS, on May 17, 2016 the City Council held a public hearing to consider
the development proposal; and
WHEREAS, the Planning Commission and City Council found the Concept
PUD, and the Preliminary Plat for Phase One and the rezoning to be consistent with the
Citys Zoning Ordinances, Subdivision Ordinances, Comprehensive Plan, and the Citys
infrastructure can support the proposed development.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the requested Preliminary Plat for THE PONDS AT
HEIFORT HILLS with the following conditions:
1. The site shall be developed in substantial conformance with the following
plans on file with the Community Development Department, except as may
be modified by the conditions herein:
Concept Plan D
5/11/16
Northerly Concept Plan
2/19/16

Res No. 2016Page 2 of 4

2.

3.

4.

5.
6.

7.
8.

9.

10.

11.

Existing Conditions
2/19/16
Preliminary Plat
5/11/16
Tree Preservation & Landscape Plan
L1 3/18/16
Tree Canopy Area Plan
L2 3/18/16
Heifort Hills Tree Survey
3/17/16
Proposed Site Plan
C1 5/11/16
Grading & Erosion Control Plan
C2 5/11/16
Utility Plan
C3 5/11/16
Building Elevations Streetscape
1.0 2/4/16
Main & Lower Level Plans
2.0A 2/4/16
Optional Floor Plan A, Garage Right
2.0B 2/4/16
Floor Plan B
2.0C 2/4/16
Optional Floor Plan B, Garage Right
2.0D 2/4/16
Floor Plan C, Garage Left
2.0E 2/4/16
Floor Plan CII, Garage Right
2.0F 2/4/16
All civil engineering plans must be found satisfactory to the City Engineer, or
revised to his satisfaction prior to release of the Final Plat for filing with
Washington County.
The developer must submit the wetland impact plan to the Washington
County Conservation District for comments. The developer will need to
include these comments with the final plat application materials.
Any buffer area around the northwesterly wetland that is graded within 25
feet of its delineated edge must be mitigated by protecting additional
ungraded contiguous buffer in a one to one ratio.
Outlot A, which includes the northwesterly wetland, should be expanded to
include the recently discovered wetland area.
The location of the utility connections in Neal Avenue that are intended for
future development on the west side of the street must be placed at the
direction of the City Engineer. These approved locations are to be included
in the materials submitted with the final plat application for phase one.
All public utilities that are located on privately owned property will need to
be encumbered by drainage and utility easements.
Development impact fees for each phase must be paid to the City prior to
release of the Final Plat for this phase of development. This includes fees for
parks, trails, transportation adequacy, trout stream mitigation, trunk sewer
and trunk water.
Stormwater and grading plans must be approved by the Browns Creek
Watershed District prior to City Council approval of the Final Plat for each
phase.
The developer is to construct Neal Avenue to the urban standard specified by
the City Engineer. The costs of these developer improvements will be
credited against the Transportation Adequacy Fee included in Item 8 above.
The name Heifort Court already exists in Stillwater, so an alternate name
must be selected by the developer for this cul-de-sac.

Res No. 2016Page 3 of 4

12. One street light will be required for each of the two cul-de-sacs in this phase.
These must be included on the final plat application materials.
13. No trees will be allowed within the right-of-way of the public streets. The
only exception is that the trees shown within the grassy centers of the cul-desacs will be permitted as long as they are maintained by the Home Owners
Association.
14. All electrical and communications utility lines shall be buried. This shall be
specified in the plans submitted for final plat approval.
15. Review comments from the Browns Creek Watershed District must be
addressed in the Final Plat application materials. This includes review and
approval of the location of the averaged wetland/pond buffer limits.
16. The boundaries of the wetland/pond buffers must be signed according to
Browns Creek Watershed District rules. This signage must be shown on
final plat application materials.
17. The rezoning will not be published, nor will it become effective until after the
Final Plat is approved by the City and filed with Washington County for
recording.
18. Prior to submitting the Final Plat application, the developer must work with
the City to site a Neal Avenue trail segment that avoids wetlands yet
accomplishes the trail system connectivity goals for the segment. The
developers cost for constructing this trail will be credited against required
park and trail dedication fees.
19. The developer is to work with the Bruns Family, who lives opposite the
northern cul-de-sac access point onto Neal Avenue, to effectively screen the
headlights from vehicles exiting this proposed cul-de-sac. The screening plan
will need to be submitted with the final plat application materials for phase
one.
20. If the Stillwater Park Commission does not find the proposal satisfactory,
changes to the plans must be made to address the concerns and be included
in the final plat application materials for Phase One.
Enacted by the City Council of the City of Stillwater, Minnesota this 17TH day of May,
2016.
CITY OF STILLWATER

Ted Kozlowski, Mayor

ATTEST:

Diane Ward, City Clerk

Res No. 2016Page 4 of 4

Exhibit A

PLANNING REPORT
DATE:

April 6, 2016

APPLICANT:

Richard Gagne, The Ponds At Heifort Hills, LLC

LAND OWNER:

Kenneth & Geraldine Heifort

REQUEST:

CASE NO.: 2016-14

1) Rezoning from AP, Agricultural Preservation to RB, Two-Family Residential

2) Concept Planned Unit Development for 48 detached homes in two phases
3) Preliminary plat for The Ponds at Heifort Hills, 24 homes in Phase 1

LOCATION:

8753 & 8911 Neal Avenue

COMP PLAN:

Low/Medium Density Residential (4.4 - 9.7 units per acre)

CURRENT ZONING:

1) Base Zoning District: AP, Agricultural Preservation

2) Overlay District: NE, Natural Environment Lake Shoreland
Management District for South Twin Lake

REVIEWERS:

Community Development Director, Public Works Director,

Deputy Fire Chief, City Planner, DNR Regional Hydrologist,
Browns Creek Watershed District

PREPARED BY:

Bill Turnblad, Community Development Director

BACKGROUND
Richard Gagne, representing The Ponds at Heifort Hills, LLC, is proposing to develop the
25 acre homestead of Kenneth and Geraldine Heifort. The property is located at 8753 &
8911 Neal Avenue North.
A majority of the property lies within the Natural Environment Shoreland District of
South Twin Lake (see Map A). Consequently, development must either be on one acre
lots or must occur as a Shoreland Planned Unit Development (PUD). A shoreland PUD
allows increased density if: 1) at least 50% of the site remains in commonly owned
permanent open space; 2) densities are shifted away from the protected lake; 3) emphasis
is placed on protecting the natural resources of the site, such as trees and water basins;
and 4) no more than 25% of the site is improved with impervious surfaces.

Ponds at Heifort Hills

April 6, 2016
Page 2

The developer in this instance has chosen to develop according to the Shoreland PUD
standards.
The project is planned to be developed in two phases. The first phase would be to
develop the south half of the site with 24 detached townhomes (see Map D). The
estimated sale price of these homes is around $450,000. The north half of the property
(see Map E) would be developed during the second phase and is planned to create
another 24 detached townhomes.
SPECIFIC REQUEST
The developer is requesting:
1) Rezoning of the first phases 15.2 acres from AP, Agricultural Preservation to RB,
Two-Family Residential; and
2) Concept Shoreland PUD approval for 25 acres encompassing both phases of
development; and
3) Preliminary plat approval for The Ponds at Heifort Hills, which represents 24
homes in the first phase of this project.
EVALUATION OF REQUEST
I.

REZONING

Current and Proposed Classifications

Zoning
As seen in Map B, the property is currently zoned AP, Agricultural
Preservation. The developer has requested a rezoning for Phase One to RB, Two-Family
Residential. The same zoning would be requested for Phase Two when development of
that portion of the property occurs.
Comprehensive Plan
The future land use map of the Stillwater Comprehensive
Plan (Map C) shows that the site is guided for Low/Medium Density Residential
(LMDR). The LMDR classification is intended for developments at a density of 4.4 to 9.7
units per acre. The Zoning Districts that are consistent with this density range are CCR,
RB and CR. Therefore, the requested rezoning to RB, Two-Family Residential is
consistent with the future land use map of the Comprehensive Plan.
A note should be made here that even though the RB Zoning is consistent with the Comp
Plan, the actual development density is much lower than normally found in the RB

Ponds at Heifort Hills

April 6, 2016
Page 3

District. The actual density for Phase One is about 3.25 homes per acre1. This density is
what you would typically find in RA Zoned neighborhoods, but higher density is not
possible given the stricter standards of the South Twin Lake Shoreland District rules that
apply to the property.

II.

CONCEPTUAL PLANNED UNIT DEVELOPMENT

As mentioned above, a shoreland PUD allows increased density if: 1) at least 50% of the
site remains in commonly owned permanent open space; 2) densities are shifted away
from the protected lake (South Twin Lake, in this case); 3) emphasis is placed on
protecting the natural resources of the site, such as trees and water basins; and 4) no
more than 25% of the site is improved with impervious surfaces. All of these standards
have been incorporated into the proposed PUD.
A.

Minimum Dimensional Standards

Site size
A standard PUD has to be on a project of at least 3 acres in size. The subject
property has 25 gross acres. About 15 acres in Phase One and about 10
acres in Phase Two.
Density
As mentioned above, two separate density expectations are at play with
this project. The first is that the Comprehensive Plan encourages 4.4 to 9.7
units per acre across the property. But, working against this density
expectation is the fact that the land lies within the South Twin Lake
Shoreland District, which incorporates regulations that reduce its density
considerably.
Specifically, the States shoreland PUD rules calculate density based upon
what type of shoreland district is involved, the minimum lot size of that
district, and the distance away from the lake. As long as 50% of the site is
preserved in permanently dedicated open space, density increase bonuses
are allowed. And, the further you get from the lake, the greater the density
bonus.
Shoreland PUD density allowed in Phase One:

7.38 acres of net developable land. This is the remainder after subtracting Neal Avenue right-of-way, wetlands,
Heifort Pond, wetland buffer, pond buffer.

Ponds at Heifort Hills

April 6, 2016
Page 4

The number of houses allowed in the Natural Environment Shoreland PUD

is calculated by taking the square footage of land in a tier (minus wetlands,
Neal Avenue right-of-way, and pond surface) and dividing that by the
standard lot size. The standard lot size by City Code would be a 40,000
square foot lot.
a. First Tier: There is about 19,400 sf of such land in the first tier. That
would yield 0.49 lots and a bonus density of 50% (an additional 0.25
lots), for a total of 0.74 lots.
b. Second Tier: There is about 190,500 sf of land here which would
yield 4.76 lots plus the second tiers 100% bonus (an additional 4.76
lots), for a total of 9.52 lots.
c. Third Tier: There is about 177,200 sf of land in this tier which would
yield 4.43 lots plus a 200% bonus (an additional 8.86 homes), for a
total of 13.29 lots.
d. Fourth Tier: 37,800 sf would yield 0.95 lots plus a 200% bonus (an
additional 1.9 lots), for a total of 2.85 lots.
e. Therefore, the total number of homes allowed would be 26.4. 24 are
proposed in this phase. The two extra units are transferred to the
next phase.
Shoreland PUD density allowed in Phase Two:
a.

First Tier: There is about 118,300 sf of land in the first tier. That
would yield 2.96 lots and a bonus density of 50% (an additional 1.48
lots) for a total of 4.44 lots.
b. Second Tier: About 229,300 sf of land would yield 5.73 lots plus the
second tiers 100% bonus (an additional 5.73 lots), for 11.46 lots.
c. Third Tier: About 77,319 sf would yield 1.93 lots plus the 200%
bonus (an additional 3.86 homes), for 5.79 lots.
a. Therefore, the total of homes allowed would be 21.69, rounded to 22.
With the two units transferred from the first phase, 24 would be
permissible in this phase. 24 are proposed.
Setbacks
With a PUD there are generally no setback standards, except from the
perimeter of the project. When the proposed type of use in the PUD is
more intense than the neighboring property, such as a senior living center
next to surrounding single family homes, then the perimeter setback must
be at least double the height of the structure(s) in the PUD. In this case
where both the existing neighborhood use and the proposed PUD use are

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detached single-family homes, the setbacks of the underlying zoning

district (RB) would apply to the property perimeters.
Therefore, the building setback from Neal Avenue would considered a
front setback and would need to be 30 feet (since garages are in front of the
house). To be conservative, rather than calling the setback from the south a
side setback (requiring only a 5 foot setback distance), staff is considering it
a rear setback, since it is a rear setback for the neighbors. Therefore, the
setback distance from the south perimeter line would be 25 feet.
In all instances these perimeter setback distances are maintained.
Impervious coverage
A maximum of 25% of the dry land on this PUD can be improved with
impervious surface. This phase of the PUD shows an impervious coverage
of 23.4%.
Details about impervious coverage for Phase Two will need to be submitted
with the preliminary plat for that phase.
B. Open space

State law requires 50% of a Shoreland PUDs site to be permanent open

space. 13.86 acres exist in this phase after subtracting the right-of-way for
Neal Avenue from the sites 15.2 acres. 50% of that is 6.93 acres of required
open space2. 10.3 acres are provided.
Since there are not enough stormwater details provided for Phase Two, an
open space analysis could not be completed. (Stormwater ponds cannot be
used to satisfy open space requirements.) When the preliminary plat for
Phase Two is submitted, it will need to show a minimum of 50% open
space.
C. Future Development

The City Subdivision Code requires each developer to extend streets and
utilities to property lines if that is the only reasonable way a neighboring
property can be developed. In this instance, a parcel of about 3.8 acres

The 6.93 acres can include the water surface for Heifort Pond, but cannot include stormwater treatment areas or
wetlands.
2

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exists to the northeast of Phase Two that will need utilities and also likely
street access through the Heifort property.
The street extension may be required because MnDOT will only allow the
existing drive to have access to Hwy 96. Therefore, at most only one more
home could share that existing drive.
There are several impediments to extending a street to the neighbor,
however. One is that the resulting street would be a cul-de-sac in excess of
600 feet, which is contrary to City Subdivision Code. Also, the streets in
The Ponds at Heifort Hills are to be private. So, any homes accessed over it
would have to be given permission to use it and would have to participate
in its maintenance.
The decision to include the access or not will be made during review of
Phase Two. It will be based upon a public discussion including the two
impacted properties, the developer and the City.

III.

PRELIMINARY PLAT
A.

Overview

The preliminary plat for this first phase consists of:

24 detached townhomes.
Two short public roads. Each will be a cul-de-sac from which private
roads and driveways will provide access to the homes.
All property outside of roads and building footprints will be owned in
common by the Home Owners Association and platted as unbuildable
outlots.
The plat for this phase of development encompasses a large portion of
Heifort Pond. Around the pond will be a 75 foot wide buffer strip. In
addition, there is a wetland in the northwest corner. Around this
wetland is a 25 foot buffer strip. Generally speaking, each of these
buffers has to be left undisturbed during development, and preserved
as a buffer after development3.
A good quality stand of trees will be preserved just north of Lot 17.
Municipal water and sanitary sewer will be extended across the site to
provide the utilities to properties to the north and east.
A trail will be constructed along Neal Avenue.

Unless the Watershed District Board approves a buffer averaging plan for the pond buffer.

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B.

Civil Engineering
The City Engineer reviewed the plans and makes the following comments:
1. All public utilities that are located on privately owned property will
need to be encumbered by drainage and utility easements.
2. Development impact fees for each phase must be paid to the City
prior to release of the Final Plat for that phase of development.
Based upon the preliminary plat for this phase, 7.38 acres of net
developable land are subject to development impact fees. At the
2016 rates, the following fees would be due for Phase One:
a. Transportation Adequacy Fee of $54,811.26.
b. Trout Stream Mitigation Fee of $42,154.56.
c. Trunk Sewer and Water Fees would be $122,869.62.
3. All civil engineering plans must be found satisfactory to the City
Engineer, or revised to his satisfaction prior to release of the Final
Plat for filing with Washington County.
4. Stormwater plans must be approved by the Browns Creek
Watershed District prior approval of the Final Plat for each phase.
5. The developer is to construct Neal Avenue to the urban standard
specified by the City Engineer. The costs of these developer
improvements will be credited against the Transportation Adequacy
Fee included in Item 2 above.
6. The name Heifort Court already exists in Stillwater, so an alternate
name must be selected by the developer for this cul-de-sac.
7. Prior to City Council approval of the Preliminary Plat for Phase One,
a preliminary grading plan for Phase Two must be submitted and
found satisfactory by the City Engineer. The purpose for this plan is
to verify that a gravity sewer line will be able to serve Phase Two,
and potentially also the neighbor to the northeast.
8. One street light will be required for each of the two cul-de-sacs in this
phase. These must be included on the final plat application materials.
9. No trees will be allowed within the right-of-way of the public streets. The
only exception is that the trees shown within the grassy centers of the culde-sacs will be permitted as long as they are maintained by the Home
Owners Association.
10. All electrical and communications utility lines shall be buried. This shall
be specified in the plans submitted for final plat approval.
11. Review comments from the Browns Creek Watershed District must be
addressed in the Final Plat application materials. This includes review

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and approval of the location of the averaged wetland/pond buffer

limits.
12. The boundaries of the wetland/pond buffers must be signed
according to Browns Creek Watershed District rules. This signage
must be shown on final plat application materials.

C. Browns Creek Watershed District Comments

The consulting engineer for the watershed district has identified the districts
rules that would be triggered by the proposed development activity and
shared comments they have specific to the rule at this point in the plan
development process.

Stormwater Management because it is a residential subdivision of four

or more lots. Comments with respect to Rule 2.0 include:
o A significant portion of this site has been characterized as having
high infiltration potential in the BCWD Watershed Management
Plan (Figure III-7 groundwater Discharge and Recharge Areas). A
geotechnical investigation will verify the infiltration capacity of
the underlying soils.
o The stormwater management plan for the site is concentrated in 4
facilities located along the exterior perimeter of the site. Given
that the project needs to conform to the rate, volume, water
quality and bounce and duration standard, the Permit Applicant
will have to demonstrate how these rules are met to all existing
(pre-development) discharge points.
o It is unclear what types of stormwater management practices are
being proposed for the site; given the depth and the safety
benches they appear to be wet ponds. It is unclear how the
volume control standard would be met for this project. There is a
note on the Grading & Erosion Control Plan addressing
infiltration areas but it is unclear where these are located.
o It is questionable how maintenance access to the stormwater
management facilities will be provided.
o Green space in the cul-de-sacs and the direction of drainage are
opportunities for additional stormwater treatment.
o Given the amount of irrigation used in a townhome setting,
stormwater reuse for irrigation may be an option for meeting the
volume control standard.

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Erosion Control because the project will disturb more than 50 cubic
yards of earth or removal of vegetative cover on 5,000 square
feet. Comments with respect to Rule 3.0 include:
o Difficult to provide specific comments on the Grading & Erosion
Control Plan until more information provided about the
stormwater management practices.

Lake, Stream and Wetland Buffer Requirements because the project is

adjacent to a wetland one acre or larger (Heifort Pond) and it is being
subdivided. Comments with respect to Rule 4.0 include:
o Heifort Pond is classified as a Management 1 wetland in the
BCWD Watershed Management Plan. As a result, there will be a
75-foot buffer requirement on this resource. The BCWD will
evaluate the quality of the existing buffer under Rule 4.4.1 and
may require a planting or landscaping plan to restore the quality
of vegetative cover.
o According to the wetland delineation submitted by Larson
Engineering, the wetland on the western edge of the property is a
Manage 3 wetland. Because this wetland is under an acre in size,
the buffer requirement does not apply to this resource. [City
Staff note: City Code still requires a 25 foot buffer for this
wetland.]
o The proposed layout shows a number of the buildings
encroaching on the 75-foot buffer. Rule 4.4.2 does not allow for
the creation of impervious cover, the excavation or placement of
fill and alterations to vegetation (unless approved by the District
to establish adequate native vegetative cover), all of which would
occur under the current configuration which does not allow room
for construction without impacts to the buffer. The townhomes
should be pulled back from the buffer edge an adequate distance
to allow for construction without impacts to the buffer. [Unless
the Board approves a buffer averaging plan.]
o Similarly, the existing barn is within the 75-foot buffer on Heifort
Pond. Demolition of this building will also have similar impacts
to the buffer.

Floodplain and Drainage Alterations because the proposed project

would alter stormwater flows at the property boundary by changing
land contours, divert or obstruct surface or channel flow, or create a
basin outlet. Comments with respect to Rule 7.0 include:
o The BCWDs H/H model shows the 100-year runoff (7.2 inch 10day frozen ground) to be the critical event for Heifort pond

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resulting in a HWL of 885.8 feet. This is based on a starting

elevation of 883.0 feet, or approximately at the lip of the culvert
that enters Stillwaters storm sewer system (Actual control
elevation is 885.3 feet in the catch basin on Oak Glen Trail).
o All of the townhomes along Heifort Pond appear to meet the
Districts freeboard requirement.
o There are no 100-year HWLs for the wetland on the western edge
of the property or the stormwater management facilities to
evaluate the townhomes adjacent to these features.
D.

Tree Preservation & Landscaping

Tree Preservation
A tree inventory and map showing the location of each inventoried tree has
been submitted. In addition, a tree removal, protection and replacement
plan was submitted.
Over 65% of the trees on site will be saved. All of the trees within the
Heifort Pond buffer area (75 feet from pond/wetland edge) are being
preserved. Most of the trees in the 25 foot buffer of the wetland in the
northwest corner of the property are also being saved. In addition, there is
a nice stand of significant trees in the center of the site that will be
preserved.
34.5% of the tree cover is proposed to be removed. 35% is allowed to be
removed before replacement standards are triggered. Therefore, no
replacement is required for this phase of the project.
Landscaping
Landscaping standards require the equivalent of three trees per lot (though
they can be planted anywhere in the development that makes sense). So,
the 24 lots generate a requirement of 72 trees.
The size of the trees to be planted must average 2 inches in diameter at
about four and a half feet above ground level. Though, oaks and
ornamentals can have an average of 1.25 inches. And pine trees would
need to be 6 feet in height.
87 trees are shown in the planting plan, and all meet or exceed the
minimum size requirements.
A foundation landscaping plan was also submitted and is acceptable.

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E.

Park and Trail Dedication

The Citys Trail Plan shows a trail along Neal Avenue. The best location for
it would be the east side of Neal Avenue. But, there is a wetland on the
Heifort property immediately adjacent to Neal Avenue that may make
construction of the trail difficult. Consequently, plans for the trail
alignment have not been completed yet. Prior to submitting the Final Plat
application to the City, the developer must work with the City Engineer,
Community Development Director and Park Commission to site a trail
segment that avoids the wetland yet accomplishes the trail system
connectivity goals for this trail segment. The developers cost for
constructing this trail will be credited against required park and trail
dedication fees.
The park dedication fee, if required by the Park Commission in lieu of park
land dedication, will be $2,000 per townhome ($48,000 for Phase One). And
the trail fee will be $500 per townhome ($12,000). The costs for constructing
the Neal Avenue trail would be credited against this $60,000 park and trail
fee.

RECOMMENDATION
The proposed Concept PUD, rezoning and preliminary plat for Phase One represents a
good solution to the need for balancing the density envisioned by the Comprehensive
Plan and the protective goals of the South Twin Lake Shoreland Overlay District.
Therefore, staff recommends approval of the requests with the conditions found below
under Alternative A.

ALTERNATIVES
A. Approval.

If the Planning Commission finds the concept PUD plan satisfactory,

as well as the rezoning request and preliminary plat for Phase One, it could
recommend approval with the following conditions:
1. The site shall be developed in substantial conformance with the following plans on file
with the Community Development Department, except as may be modified by the
conditions herein:
Concept Plan C
2/29/16
Northerly Concept Plan
2/19/16
Existing Conditions
2/19/16

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2.
3.
4.

5.
6.

7.
8.

9.
10.

11.
12.

13.

Preliminary Plat
3/17/16
Tree Preservation & Landscape Plan
L1 3/18/16
Tree Canopy Area Plan
L2 3/18/16
Heifort Hills Tree Survey
3/17/16
Proposed Site Plan
C1 3/18/16
Grading & Erosion Control Plan
C2 3/18/16
Utility Plan
C3 3/18/16
Building Elevations Streetscape
1.0 2/4/16
Main & Lower Level Plans
2.0A 2/4/16
Optional Floor Plan A, Garage Right
2.0B 2/4/16
Floor Plan B
2.0C 2/4/16
Optional Floor Plan B, Garage Right
2.0D 2/4/16
Floor Plan C, Garage Left
2.0E 2/4/16
Floor Plan CII, Garage Right
2.0F 2/4/16
All civil engineering plans must be found satisfactory to the City Engineer, or revised
to his satisfaction prior to release of the Final Plat for filing with Washington County.
All public utilities that are located on privately owned property will need to be
encumbered by drainage and utility easements.
Development impact fees for each phase must be paid to the City prior to release of
the Final Plat for that phase of development. This includes fees for parks, trails,
transportation adequacy, trout stream mitigation, trunk sewer and trunk water.
Stormwater and grading plans must be approved by the Browns Creek Watershed
District prior to City Council approval of the Final Plat for each phase.
The developer is to construct Neal Avenue to the urban standard specified by the City
Engineer. The costs of these developer improvements will be credited against the
Transportation Adequacy Fee included in Item 2 above.
The name Heifort Court already exists in Stillwater, so an alternate name must be
selected by the developer for this cul-de-sac.
Prior to City Council approval of the Preliminary Plat for Phase One, a preliminary
grading plan for Phase Two must be submitted and found satisfactory by the City
Engineer. The purpose for this plan is to verify that a gravity sewer line will be able to
serve Phase Two, and potentially also the neighbor to the northeast.
One street light will be required for each of the two cul-de-sacs in this phase. These
must be included on the final plat application materials.
No trees will be allowed within the right-of-way of the public streets. The only
exception is that the trees shown within the grassy centers of the cul-de-sacs will be
permitted as long as they are maintained by the Home Owners Association.
All electrical and communications utility lines shall be buried. This shall be specified
in the plans submitted for final plat approval.
Review comments from the Browns Creek Watershed District must be addressed in
the Final Plat application materials. This includes review and approval of the location
of the averaged wetland/pond buffer limits.
The boundaries of the wetland/pond buffers must be signed according to Browns
Creek Watershed District rules. This signage must be shown on final plat application
materials.

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14. Since there are insufficient stormwater details provided for Phase Two of the PUD, an
open space analysis could not be completed for that phase. Therefore, when the
preliminary plat for Phase Two is submitted, it must document a minimum of 50%
open space.
15. Details about impervious coverage for Phase Two will need to be submitted with the
preliminary plat for that phase. No more than 25% is permitted.
16. The final PUD plan for Phase Two may have to be revised to include access to the
neighboring property. The decision to include the access or not will be based upon a
public discussion including the two impacted properties, the developer and the City.
17. The rezoning will not be published, nor will it become effective until after the Final
Plat is approved by the City and filed with Washington County for recording.
18. Prior to submitting the Final Plat application, the developer must work with the City
to site a Neal Avenue trail segment that avoids wetlands yet accomplishes the trail
system connectivity goals for the segment. The developers cost for constructing this
trail will be credited against required park and trail dedication fees.

B.
Table
If the Planning Commission finds the concept PUD plan, rezoning or
preliminary plat materials or elements for Phase One to be incomplete, it could table the
review for additional information.
C.
Denial
If the Planning Commission finds the concept PUD plan, rezoning or
preliminary plat to be unsatisfactory, it could recommend denial. With a denial, the basis
of the action should be given.

Attachments:

cc:

Location Map
Map A Shoreland Zoning and Location
Map B Zoning
Map C Comp Plan Map
Map D Phase One Concept Plan
Map E Phase Two Concept Plan
Map F Open Space Phase One
Preliminary Plat
Grading Plan
Tree Preservation
Floor Plans and Elevations

Richard Gagne
Tim Freeman
Jennifer Sorensen, DNR Regional Hydrologist

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Map A
Location & Shoreland Zoning

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Map B
Zoning

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Map C
Comprehensive Plan Map

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Map D
Phase One Concept PUD Plan

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Map E
Phase Two Concept PUD Plan

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Map F
PUD Open Space Phase One