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HomeMy WebLinkAbout2022-07-27 PC MINilivater THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES July 27, 2022 REGULAR MEETING 7:00 P.M. Commissioner Steinwall called the meeting to order at 7:00 p.m. Present: Commissioners Cox, Hoffman, Knippenberg, Steinwall, Swanson Absent: Chairman Dybvig and Councilmember Odebrecht Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, City Attorney Land APPOINTMENT OF VICE CHAIR Motion by Commissioner Hoffman, seconded by Commissioner Cox, to elect Commissioner Steinwall as Vice Chair. Motion passed 4-0-1 with Commissioner Steinwall abstaining. APPROVAL OF MINUTES Possible approval of minutes of June 22, 2022 regular meeting Vice Chair Steinwall noted that staff informed the Commission that the wrong edition of the minutes was posted, so staff requests action on the June minutes be postponed until August. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. 2022-36, Resolution Adopting Written Findings for Approval in Part and Denial in Part of Two Variances at 1792 Greeley Street South, Stillwater, Minnesota Case No. 2022-37, Resolution Adopting Written Findings for Denial of a Variance at 424 Grove Street South, Stillwater, Minnesota Motion by Commissioner Cox, seconded by Commissioner Hoffman, to adopt the Consent Agenda. All in favor. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2022-48: Consideration of an ordinance amending Chapter 31 of the City Ordinance, as it pertains to medical cannabis, cannabidiol (CBD) products and hemp growing and performance standards. City Attorney Land gave background on the proposed ordinance and new State laws surrounding the sale of CBD products. Any product containing over .3% THC is prohibited by Federal law as recreational marijuana. Last fall the City of Stillwater began looking at regulating the sale of these products. In May the State Legislature included a law allowing CBD products in the Health and Human Services bill. The Ordinance as proposed allows intoxicating Planning Commission July 27, 2022 CBD products to be sold only at an exclusive store, making it easier to control. Non intoxicating CBD products may be sold anywhere. The exclusive stores are limited to the Business Park districts (commercial, industrial and office), and performance standards must be met. The two existing CBD stores which are downtown would be legal nonconforming uses that could remain but would not be allowed to grow in inventory or products. Vice Chair Steinwall asked if "up to 5 mg of THC" is the same as .3%. City Attorney Land replied that .3% THC is different than the 5 mg per serving of THC. The City will rely on the labeling that every product must have indicating what percent of THC is in the product and how many mg of THC are in the serving. Vice Chair Steinwall noted that the recommended ordinance says hemp growing is allowed in the AG zone but requires 200 contiguous acres. She asked if there is such a place in Stillwater. Community Development Director Gladhill replied that the AG preserve district is shrinking in size and he doubts there is such an area in the City. Ms. Land added that the intent is also to prevent growing hemp in backyards or change over small farms to hemp. Vice Chair Steinwall opened the public hearing. Lynn Wachtler, 275 Third St S, nurse practitioner (via Zoom) said she doesn't believe she was counted in the number of CBD retailers. She explained the therapeutic value of CBD and said it is important for citizens to have access to quality CBD. She stated she has a degree in cannabis science and medicine and takes selling CBD very seriously. She would like the ordinance to include a number of mg that is allowed. Vice Chair Steinwall closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Hoffman, to recommend the City Council approve Case No. 2022-48, an Ordinance Amending City Code Chapter 31, Section 31- 101, Section 31-325, Section 31-315, Regarding Medical Cannabis, Cannabidiol (CBD) Products and Hemp Growing and Section 31-514.1 Regarding Performance Standards for Cannabis -Related Uses. All in favor. Case No. 2022-44: Consideration of a Variance for the construction of a Deck exceeding the allowable impervious surface. Property located at 1830 White Pine Court. Assistant Planner Gutknecht reviewed the case. David and Kristal Richards, the applicants and property owners, are requesting a Variance to the maximum allowable impervious surface of 25%, to allow total impervious surface of approximately 31.6% in order to construct a 216 square foot deck. The existing impervious surface on the property is approximately 29.6%. It appears the bulk of this existing impervious surface was approved during the single-family dwelling permitting process, which includes the dwelling and driveway. Further, elevated doors for future deck access were installed at time of the dwelling permit, indicating plans for a future deck. Staff consulted Brown's Creek Watershed District (BCWD) about the assumed impervious surface and stormwater runoff requirements for this subdivision and this property specifically. Per review by BCWD, this development has an assumed impervious surface allowance of 38% per lot. Staff recommends approval of the Variance with three conditions. Kristal Richards, applicant, stated their home was built with a sliding glass door to nowhere. Vice Chair Steinwall opened the public hearing. There were no public comments. Vice Chair Steinwall closed the public hearing. Page 2 of 6 Planning Commission July 27, 2022 Commissioner Swanson recognized that the current homeowners did not create the situation and that BCWD is willing to work with the homeowners to assist with impervious surface mitigation techniques. Motion by Commissioner Hoffman, seconded by Commissioner Knippenberg, to approve Case No. 2022-44, Variance for the construction of a Deck exceeding the allowable impervious surface at 1830 White Pine Court, with the three staff -recommended conditions. All in favor. Case No. 2022-46: Consideration of a Variance for the construction of a Deck at a reduced rear yard setback. Property located at 3493 87th St N. Mr. Gutknecht stated that Brian and Jessica Gunter, the applicants and property owners, are requesting a Variance to reduce the 25-foot required rear yard setback to approximately 14 feet for the construction of a deck. The property is under the impervious surface maximum of 35%. A proposed deck of 120 s.f. would bring the total impervious surface to approximately 34.8%. As part of the review for this variance, staff determined that at the time of initial building permit review, a deck was approved as part of the single-family dwelling permit at a rear yard setback of 14 feet, but was not constructed at that time. Because the applicant has to submit a new permit specifically for the deck, the request is being treated on its own merits and staff believes a variance is appropriate. Staff recommends approval with three conditions. Brian Gunter, applicant, said throughout the buying process they were led to believe a deck was possible. Neighbors do not have any issue with them building the deck. Vice Chair Steinwall opened the public hearing. There were no public comments. The public hearing was closed. Mr. Gladhill noted the City now has better training, better policies and better technology to avoid cases like this. Motion by Commissioner Cox, seconded by Commissioner Swanson, to approve Case No. 2022- 46, Variance for the construction of a Deck at a reduced rear yard setback at 3493 87th St N, with the three conditions recommended by staff. All in favor. Case No. 2022-50: Consideration of an Interim Use Permit for outdoor events and seating for Zephyr Theatre. Property located at 601 Main St N. Mr. Gutknecht stated that in June of 2022, the City Council reviewed and approved a request for up to three special outdoor events located at Zephyr Theatre (601 Main St N). At that time, staff had also been directed by the City Council to utilize an upcoming ordinance amendment introducing Interim Use Permits (IUP) to the City Code, as a means to permit the proposed outdoor events and seating for the Zephyr Theatre. The Zephyr Theatre is applying for an IUP to conduct outside performances in their parking lot this summer. The Theatre is working with Olson Sound to design the sound system and with Alchemy Sound and Vision to reduce sound impact and noise bleed affecting neighboring residential units. The specific request is for an IUP to allow outdoor events at an interval of 12 events per 30 days for the months of May through October and to allow up to 250 outdoor seats at the time of the events. Staff recommends approval of the IUP with 12 conditions. Mr. Gladhill added that because this is a private lot, parking mitigation is not being sought for this permit. He added that while holding events on 12 out of 30 days may seem excessive, compared with Conditional Use Permits which do not limit the number of days, this use is less because it is not every day of the month and is seasonal compared to other uses. Page 3 of 6 Planning Commission July 27, 2022 Commissioner Cox asked if each performance counts as one event, and Mr. Gladhill said yes. Vice Chair Steinwall asked for clarification of staff comments on parking mitigation. Mr. Gladhill replied that the Commission should consider the impacts of the request on parking but not a mitigation fee because that will likely change in the next year as the Council revisits the entire parking mitigation strategy. Vice Chair Steinwall commented, since the IUP process is new, there should be a way to get input from the Downtown Parking Commission before the Planning Commission review. Calyssa Hall, Executive Director of the Zephyr Theatre, explained that the outdoor concert series was started during the pandemic and has become a staple of their budget. They would like to make it a little more permanent and a stable part of their business practice. At this point it is one time music events. A couple of the past noise complaints were about bands that brought their own sound engineers. The Theatre will now require outside bands to use the Theatre's sound system because they have engineered a smaller sound array from the speakers. If this is approved they would look at a permit to put some poles along the parking lot so speakers can be mounted and pointed down. They also take decibel readings during shows, from the parking lot, the Lofts and Terra Springs, and have technology that allows immediate adjustment of certain segments of the sound if necessary. Vice Chair Steinwall asked if they have an event that extends over a couple days, do they still support the proposed recommendation that lighting come down after every performance? Ms. Hall said most concerts start at 7 and are done by 9, so they have not used temporary lighting for most of the events and the condition is acceptable. Vice Chair Steinwall opened the public hearing. Rachel Harvey, resident of the Lofts and a member of the board of trustees for the Theatre, said that a lot of the people who attend are residents so parking should not be an issue. Noise -wise, the theatre events take place in a compressed timeframe, it's nothing compared to the other establishments nearby. The Theatre has tried to mitigate as much noise as possible. She asked the Commission to support the request. David Lecander, resident of the Lofts, said his condo faces the Zephyr building. They are strong supporters of the arts and the Zephyr Theatre but they strongly oppose the proposal as outlined, with the primary reason being noise. They feel events 12 times per month is too much. If approved, they suggest rather than 12 times, approving the IUP for 4 times a month with limited hours and review in a year. Mr. Gutknecht reviewed the written comments submitted prior to the meeting. A letter of support was received from Jodi Lewis, 650 Main Street North. A letter of concern about the past year's Ice Maze and encouraging additional permitting restrictions was received from Tom and Monica Pustovar, 650 North Main Street. Vice Chair Steinwall closed the public hearing. Commissioner Hoffman recognized that having a professional theatre is a high value to the City. He applauded the level of effort the Theatre is putting into mitigating noise. He suggested the language be changed to 12 days of activity rather than 12 events in a month, and also would allow lighting to remain in place to lessen burden and cost of tear -down. Commissioner Swanson commended the Zephyr Theatre for taking steps to mitigate noise compared with other events that do not go to those lengths. Page 4 of 6 Planning Commission July 27, 2022 Commissioner Cox suggested the Commission consider an end time of 9 p.m. instead of 10 p.m. and asked if that would negatively impact the talent the Theatre could bring in. Ms. Hall said most of the concerts last only two hours and they are careful about making sure everything is torn down by 10 p.m. It would be hard to start at 6 p.m. and they would like to keep that one hour to make sure they get the tear -down done by 10 p.m. Motion by Commissioner Hoffman, seconded by Commissioner Cox, to approve Case No. 2022-50, Interim Use Permit for outdoor events and seating for Zephyr Theater. Property located at 601 Main St N. with the 12 staff recommended conditions, changing Condition #5 to state that there shall be no more than 12 days of activity per month for the months of May through October, and changing Condition #10 to state that any lighting proposed as part of an event could remain in place for the span of the event, if it's a multi day event. All in favor. Case No. 2022-47: Consideration to amend City Code Section 31-325 allowable uses in residential and non-residential districts to establish appropriate locations for massage establishments. Mr. Gladhill explained that the City Council recently established a license requirement for Massage Establishments and Massage Therapists operating in Stillwater. It was discovered that Massage Establishments were not clearly articulated as an allowable use. Given the different State and now City licensing requirements, staff recommends an amendment to City Code to more clearly articulate the allowable use status of Massage Establishments. Vice Chair Steinwall asked if the Council is also adding a zoning ordinance to add a definition of a massage establishment. Mr. Gladhill replied it is defined as part of the licensing process but not specifically in the zoning code, however the addition of a definition could be added as a condition of approval. Commissioner Cox asked if there are currently any massage establishments in the one zone where it would not be permitted, and Mr. Gladhill answered he does not think so. If so, they would be protected by lawful nonconforming statutes. Vice Chair Steinwall opened the public hearing. There were no public comments. Vice Chair Steinwall closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Knippenberg, to recommend that the City Council approve Case No. 2022-47, amend City Code Section 31-315 and Section 31-325 allowable uses in residential and non-residential districts to establish appropriate locations for massage establishments, with the addition of the definition of a massage establishment. All in favor. Ordinance Amendment: Consideration to amend City Code Section 31-315 and Section 31-325 allowable uses in residential and non-residential districts to allow short-term housing rental units. Mr. Gladhill explained that the City Council recently consolidated the four Short Term Home Rental License types into a single license type without removing any of the performance standards, and streamlining the administrative process for approving license applications that comply with all applicable regulations. All applicable Building Code and Fire Code requirements provide ample protection for the health, safety and welfare of residents and guests and ensure that neighborhoods are free of nuisance. Finally, the changes enhance enforcement tools for Short Term Home Rentals that violate provisions of City Code. The City must now amend its Use Table. In addition, previous Type B (with written opposition from neighbors) and Type C licenses will no longer be reviewed by the Planning Commission. As is Page 5 of 6 Planning Commission July 27, 2022 standard with all other licenses within the City, these licenses will be reviewed and approved by the City Council. Staff recommends that the Planning Commission recommend adoption of the Ordinance Amendment. Commissioner Cox asked what is the renewal period, and Mr. Gladhill answered once every three years. Vice Chair Steinwall opened the public hearing. There were no public comments and she closed the public hearing. Motion by Commissioner Knippenberg, seconded by Commissioner Swanson, to recommend that the City Council amend City Code Section 31-315 and Section 31-325 allowable uses in residential and non-residential districts to allow short-term housing rental units. All in favor. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Cox, seconded by Vice Chair Steinwal ,to adje rn the meeting at 8:47 p.m. All in favor. ATTEST: Su einwall, Vice Chair Tim di da hill, Community Development Director Page 6 of 6