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HomeMy WebLinkAbout2017-04-12 CPC MIN PLANNING COMMISSION MEETING MINUTES April 12, 2017 REGULAR MEETING 7:00 P.M. Vice Chairman Hansen called the meeting to order at 7:03 p.m. Present: Vice Chairman Hansen, Commissioners Collins, Fletcher, Lauer and Siess, Councilmember Menikheim Absent: Chairman Kocon, Commissioners Hade and Kelly Staff: Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of March 8, 2017 meeting minutes Motion by Commissioner Fletcher, seconded by Commissioner Siess, to approve the March 8, 2017 meeting minutes. Motion passed 5-0. OPEN FORUM Reverend Brenda Hoffman of Ascension Episcopal Church and the Metro Interfaith Council on Housing encouraged the Commission to support affordable housing in the draft of the 2018 Comprehensive Plan. Community Development Director Turnblad invited Rev. Hoffman and other interested residents to volunteer to serve on an advisory committee to be formed in June. PUBLIC HEARINGS Case No. 2017-08: Special Use Permit, Subdivision and Planned Unit Development to build ‘The Lakes’ at Stillwater, a senior living facility. Randy Benson, ILHC of Stillwater, LLC, property owner/applicant. Motion by Commissioner Collins, seconded by Commissioner Fletcher, to table Case 2017-08, Special Use Permit, Subdivision and Planned Unit Development for ‘The Lakes’ at Stillwater to a special meeting on April 24, 2017. All in favor, 5-0. Case No. 2017-03: Draft Ordinance to regulate short term rentals. City of Stillwater, applicant. Community Development Director Turnblad explained that the first draft of the ordinance has been revised based upon what appeared to be consensus of the Planning Commission and/or the public that testified at the March 8, 2017 public hearing. He explained the revisions, including: who may be licensed to operate a STHR; consequences of receiving complaints; limits on various types of STHRs and/or separation to be required between STHRs; requiring a 30 minute drive time proximity for Planning Commission April 12, 2017 Page 2 of 6 operators or their representatives; neighbor notification for Type B license applications; deletion of the maximum number of rental days per year; addition of a minimum of one day stay; interchangeability of less strict STHR types; deletion of the requirements for pest control, linens and ice machines; parking requirements; displaying guest information conspicuously; and clarification that inspections for Types B and C must be done as part of the license application. Staff requests that the Planning Commission consider the additional information and make a recommendation to forward to the City Council for their public hearing on April 18, 2017. Commissioner Lauer asked what is a credible complaint. Community Development Director Turnblad replied that a police officer will investigate and determine whether it is credible. Commissioner Siess asked the reason for requiring one overnight stay. Mr. Turnblad replied that a one day stay is required to prevent the possibility of having 2-3 groups per day use the STHR for events, which occurs in some historic tourist cities. Vice Chairman Hansen remarked he is unsure how he feels about the 200 ft. separation vs. 25 maximum Type B rentals. It could preclude some neighbors with well-suited properties from obtaining a license because another less-suited property applied for their license first. Mr. Turnblad reminded the Commission that with three votes of the Council, an ordinance may be revised. Commissioner Siess expressed concern about the possibility of someone obtaining a license and deciding not to use it, which could prohibit someone else from coming forward. She would prefer a flat number for a maximum, rather than a distance separation. Commissioner Collins commented that the separation distance seems unfair. He questioned the 30 min drive time for operator availability. Community Development Director Turnblad explained that it doesn’t have to be the owner who is available within 30 minutes, it may be a representative designated to handle problems that arise. Vice Chairman Hansen said he would be inclined to start with 40 Type Bs. Commissioner Fletcher cautioned against setting the number so high that staff cannot handle the applications properly. She suggested a maximum number more than 25 but not 40. Commissioner Siess asked how the number five Type Cs was determined. Mr. Turnblad and Councilmember Menikheim responded that the Council suggested that number as a place to start. Motion by Commissioner Fletcher, seconded by Commissioner Collins, to recommend approval of Case No. 2017-03, draft ordinance to regulate short term rentals, with the 12 suggested revisions in the staff report, except modifying #3 to specify a limit of 35 Type B STHRs and 5 Type C STHRs, and to delete all references to minimum distance separations. Motion passed 5-0. Case No. 2017-06: Variance to exterior side yard setback and variance to exceed the maximum allowable building coverage for construction of a garage at 1104 First Street South. Joshua and Ann Wilichowski, property owners. Community Development Director Turnblad stated that Joshua Wilichowski is requesting a 9’ variance to the required 30’ exterior side yard setback for garages and a 4.0% variance from the 25% maximum building lot coverage. The applicant states that his current garage (built 1970) is in disrepair Planning Commission April 12, 2017 Page 3 of 6 and is not large enough to fit his two vehicles. The existing garage sits approximately 30 feet from the exterior side property line and less than one foot from the rear and interior side property lines. While the application indicates the garage would be moved to the south from where the existing garage is located, the new garage would not conform to the zoning setbacks for garages in this district. On the basis that the application is in harmony with the intent of the zoning ordinance, in in keeping with the character of the neighborhood, will not overburden the property’s ability to manage stormwater, and is consistent with the comprehensive plan, staff recommends approval of the variance requests with four conditions. Vice Chairman Hansen opened the public hearing. There were no public comments. Vice Chairman Hansen closed the public hearing. Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve Case No. 2017-06, variance to exceed the maximum allowable building coverage and variance to the exterior side yard setback for 1104 First Street South, with the four staff-recommended conditions. Motion passed 5-0. Case No. 2017-07: Zoning Text Amendment to allow Senior Living Care Facilities within RA districts for sites 5 acres or larger, and to modify the height requirement language in RA to read 35' maximum. Our Savior’s Lutheran Church, property owner. Anne Stanfield, Ecumen, applicant. Community Development Director Turnblad reviewed the request. Anne Stanfield of Ecumen has applied for a Zoning Text Amendment (ZAT) to allow for Senior Care Living Facilities to be permitted by Special Use Permit in the RA One Family Residential zoning district. If the Zoning Text Amendment were approved, she would then proceed with a Special Use Permit process for the Commission’s consideration of a Senior Care Living Facility on the parcels located at 114 Brick Street and 1616 West Olive Street, owned by Our Savior’s Lutheran Church. The applicant is also seeking to specify conditions for the SUP within the RA zoning district, by limiting Senior Care Living Facilities to sites that are 5 acres or greater, and amending the maximum height requirement for the RA zoning district to be simply 35 feet, rather than the current 2.5 stories not to exceed 35 feet maximum. Mr. Turnblad reminded the Commission that while the applicant has provided specifics for the future development of the aforementioned parcels, these are not for the Commission’s consideration at this time. The application before the Commission is whether or not Senior Living Care Facilities should be permitted by Special Use Permit on all RA One-Family Residential zoned parcels. Staff finds that greater lifecycle housing options in a greater number of zoning districts is in the public interest, and the general community welfare is furthered by allowing for Senior Living Care Facilities in the RA One Family Residential zoning district. Staff further finds the proposed ZAT is in general conformance with the principles, policies, and land use designations set forth in the Comprehensive Plan. Therefore, staff recommends that the Planning Commission forward a recommendation of approval to the City Council. Vice Chairman Hansen asked about current requirements in the RA zone. Mr. Turnblad replied that currently a home may be 35’ tall measured from the grade elevation at the front door to the building height, which depends on the type of roofline - or two and a half stories, whichever is less. Vice Chairman Hansen remarked that, regarding the five acre minimum, if a property owner combines lots, there could potentially be many more eligible parcels. He acknowledged the need to have more areas of the City where senior living facilities are allowed. Planning Commission April 12, 2017 Page 4 of 6 Commissioner Siess asked if the ZAT would potentially open the door to other groups that want to change the RA zoning for apartments. Mr. Turnblad replied a parcel would have to be zoned multiple family for apartments. Vice Chairman Hansen opened the public hearing. There were no public comments. Vice Chairman Hansen closed the public hearing. Commissioner Fletcher said that she is generally favorable to having senior living options within a residential area. Commissioner Siess recognized there are a couple letters from neighbors who are concerned that a three-story building would not fit in their area. She acknowledged there could be a house that is 35 feet tall, so it’s really not the height, it’s the mass that people struggle with. She struggles with the issue of allowing senior living care facilities on five-acre parcels because Stillwater does not have a lot of undeveloped land and she is concerned about losing green space. Community Development Director Turnblad pointed out if it were increased to six acres, there may be only one parcel in the City where a senior living care facility could be allowed without combining lots. Vice Chairman Hansen said he supports the ZAT because he feels the City needs more opportunities to allow senior living care facilities by SUP, but by no means does he feel this is rubber stamping the applicant’s proposal. Community Development Director Turnblad summarized the distribution of various lot sizes and said the five-acre suggestion represented a balance between the Comprehensive Plan goal for life cycle housing and not having this type of housing allowable everywhere. Commissioner Lauer suggested if the goal is to open more opportunities for life cycle housing, perhaps the target should be three acres to have more of an impact. Commissioner Collins acknowledged the number of acres could always could be changed in the future. He feels there is definitely a need for this type of housing. He supports the ZAT. Commissioner Siess asked what may be done to protect green space. Mr. Turnblad responded that a high percentage of property in Stillwater is in open space that will never be developed, for instance ravines, lakes and parks. Vice Chairman Hansen pointed out that, although this particular property is a huge parcel where people used to go on walks, it is privately owned land. Council Liaison Menikheim remarked that as a city, Stillwater has not addressed the issue of seniors who can no longer live in their homes but want to stay within the community. He considers himself an old person’s advocate and feels the City needs to be more cognizant of this serious need. Motion by Commissioner Collins, seconded by Commissioner Lauer, to recommend approval of Case No. 2017-07, Zoning Text Amendment to allow Senior Living Care Facilities within RA districts for sites 5 acres or larger, and to modify the height requirement language in RA to read 35’ maximum. Motion passed, 5-0. NEW BUSINESS Planning Commission April 12, 2017 Page 5 of 6 Commission Chair and Vice Chair Vice Chairman Hansen asked if the Commission wants to discuss appointment of the Chair and Vice Chair. Commissioner Lauer suggested addressing it in May when more members are present. Commissioner Siess asked if there was more discussion on the Council about the size of the Commission. Vice Chairman Hansen said his observation, being at the Council meeting, was that there was no decision made by the Council. They are debating whether they want the Planning Commission to be eight members or six members, with consensus being that they want the Council representative to be a voting member of the Commission. It seemed there was consensus they did not want to boot anybody but it would be through attrition. Mr. Turnblad stated the reason the Council is discussing whether to have six or eight appointed commissioners is to prevent the possibility of tie votes caused by the Council liaison voting. He added that Councilmember Menikheim was a very strong advocate for not being a voting member. Councilmember Menikheim stated that he disagrees with the Council’s decision but he will go along with it. He doesn’t feel the Commission would function any better because of him voting. Commissioner Siess commented her seat was originally created because the Council decided not to have Council Liaisons be voting members. She stated that she heard that some of the Council Liaisons feel they can’t talk, but she expects Council Liaisons to provide input. She doesn’t feel that the Commission would make decisions any differently if the Council Liaison voted. She acknowledged that the Planning Commission has a bit more authority than some of the other commissions do. As far as term limits, she feels fresh blood is important. Councilmember Menikheim agreed that to him, turnover is a good thing. Otherwise a longtime member can get stale or become a dominating force. Commissioner Hansen said it’s interesting that the Council is discussing returning to the way it was before it was changed. There were term limits before, but they were not enforced. Mr. Turnblad said one compelling reason for removing term limits is that some of the commissions go without a full complement for months because it’s hard to find people to fill the positions. STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Siess, seconded by Commissioner Fletcher, to adjourn the meeting at 8:27 p.m. All in favor, 5-0. Respectfully Submitted, Planning Commission April 12, 2017 Page 6 of 6 Julie Kink Recording Secretary