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HomeMy WebLinkAbout2022-08-24 PC MINilivater THE 1INTNYLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES August 24, 2022 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Hoffman, Knippenberg, Steinwall, Councilmember Odebrecht Absent: Commissioners Cox and Swanson Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, Planning Manager Robinson APPOINTMENT OF VICE CHAIR Community Development Director Gladhill noted that the item listed on the July 27 meeting agenda as "Appointment of Vice Chair" should have been "Appointment of Acting Chair." Motion by Councilmember Odebrecht, seconded by Commissioner Hoffman, to appoint 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 and July 27, 2022 regular meetings Motion by Commissioner Steinwall, seconded by Commissioner Knippenberg, to approve the minutes of the June 22, 2022 meeting. All in favor. Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to approve the minutes of the July 27, 2022 meeting, noting that Steinwall was not appointed Vice Chair but Acting Chair. Motion passed 3-0-2 with Chair Dybvig and Councilmember Odebrecht abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2022-19: Consider Request for Conditional Use Permit for Myrtle Street Apartments at 107 3rd St N; Case of Landucci Homes. Community Development Director Gladhill reviewed the application. The applicant and property owner, Landucci Homes, is seeking a series of zoning applications to facilitate the construction of a 21-unit, three-story apartment building with a rooftop deck, located at 107 3rd St N. The single family home at 110 Myrtle St E has been sold to another party and is no Planning Commission August 24, 2022 longer part of this proposal. The Heritage Preservation Commission tabled action on the proposal. The Planning Commission will act on variances and provide a recommendation to the City Council on the Conditional Use Permit. He showed the site plan with building footprint, and elevations from all sides showing the proposed facade of brick veneer and standing seam metal. Decks on the western and eastern walls of the proposed building encroach into the front and rear yard setbacks. The underground parking footprint will be slightly larger than the building footprint. He conveyed the City Attorney's opinion that technically, the underground portion can encroach on setbacks because it is not an above ground improvement. The front decks are nine feet from the front property line while the required setback is 15 feet. Staff feels the decks add architectural interest. The way the City measures side property lines is unique, allowing a 20 foot setback to work with. He said a development could have 0 on one side and 20 feet on the other. The sides of this building are well within the side yard setbacks. The biggest deviation from code is on the rear yard setback. Mr. Gladhill stated that all comments received in the last round of review for the project, and this review, suggest the developer is trying to do too much on the site. He reviewed the three -factor test for granting a variance and stated the last variance is to the maximum building height of three stories and 35 feet, three stories and 37 feet proposed. Staff believes the developer can adjust the height of the structure to eliminate a variance. Regarding parking, 26 parking stalls are proposed, which would ordinarily be deficient for a 21-unit building, but in 2008 the City agreed to allocate 40 parking stalls to this site which remains a legally binding agreement. Additionally, the City has received a revised traffic study of this very unique intersection indicating the likelihood of a couple more crashes because of added traffic. But the report states that the severity would not change and the intersection would continue to operate at an acceptable level of service. Commissioner Steinwall noted that in a previous project, the Planning Commission considered the elevator shaft in calculating building height. She asked if that is appropriate in this case. Mr. Gladhill replied that, per a very recent project involving an elevator tower, 223 Main St S, elevator towers are permitted to encroach into a setback, to the minimum amount required to accommodate the elevator, because it's a building code issue. Nathan Landucci of Landucci Homes, applicant, said the current proposal is a result of requests from the Planning Commission, City Council, Parking Commission and Heritage Preservation Commission almost a year ago; he has done everything that he was asked to abide by. City staff had at that point said there is no issue with the setbacks as it is in the Central Business District. Regarding the front setbacks and the balconies, there are always soffits and overhangs that are allowed but apparently that is not allowed in the building code. The balconies would overhang 5 feet in front but they add architectural interest. He said that most apartment buildings are 60 feet wide. If they shrink the building any more, they would have problems with the parking below. A correction to the rendering is that the east and south sides are not buried underground. Regarding the 37 foot height, last time the project was reviewed, City staff didn't have a problem with the 37 foot height. He doesn't think he would have a problem complying, but the extra two feet allows a higher parapet wall to hide the elevator shaft and mechanicals. Commissioner Steinwall pointed out the elevation sketches show the mechanicals rising above the parapet, and Mr. Landucci replied that the drawings are mistaken. The railing would not be there if the parapet was two feet higher. Chair Dybvig asked about the rendering of the rear elevation, and Mr. Gladhill clarified that on the rear elevation, the underground and above ground are one in the same so the wall is on the 15 foot line where 20 feet is required. He stated for record that staff did note a number of Page 2 of 6 Planning Commission August 24, 2022 setback items with the previous case. At that point the building width was wider so sideyard setback variances were needed, and that plan included the adjacent lot, which is why these setbacks are now relevant. Chairman Dybvig opened the public hearing, and one resident on Zoom had technical problems. Chairman Dybvig closed the public hearing. Regarding the requested variances, Commissioner Steinwall said she is not convinced the applicant has met the practical difficulty test; the plight of the landowner is due to the applicant's design of the building rather than unique site challenges. She also has concerns that the variances if granted would alter the essential character of the neighborhood. She would not support granting any of the variances. Chairman Dybvig re -opened the public hearing, and Steven Wahlquist, 121 Martha St N, said his main concern is the exit from the parking area onto Myrtle St which is now much closer to Third St than the previous design. When factoring in the Chestnut Apartments there will be even more traffic. His other concern is that the architecture is very plain; he would like to see some lintels on windows and sills to give it some character. He also asked if there are any green space requirements for this type of development. Chairman Dybvig re -closed the public hearing. Councilmember Odebrecht agreed that practical difficulty has not been established, though he appreciates Mr. Landucci working with the City. He noted this is a very different development from 200 Chestnut, this is a gateway property with a different sight line and different view. Traffic is also very different in this space. The present design would drastically alter the character of the neighborhood. Commissioners Knippenberg and Hoffman and Chairman Dybvig agreed with concerns about the mass of the building. Motion by Commissioner Steinwall, seconded by Commissioner Knippenberg, to deny the three variances requested in Case No. 2022-19, Myrtle Street Apartments at 107 3rd St N. Motion passed 4-0-1 with Councilmember Odebrecht abstaining. Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to recommend that the City Council deny Case No. 2022-19, Conditional Use Permit for Myrtle Street Apartments at 107 3rd St N. Motion passed 4-0-1 with Councilmember Odebrecht abstaining. Mr. Gladhill clarified the applicant may appeal the decision on the variances to the City Council, and noted that there is still the tabled design permit application. The case will come before the City Council in late September or early October. There would be public hearing notices coming out, should the applicant choose to appeal the denials voted on tonight. Case No. 2022-53: Consider Request for Conditional Use Permit for Medical Office Building at 29XX Curve Crest. Assistant Planner Gutknecht reviewed the case. The City has received a Conditional Use Permit application for the vacant lot located directly east of 2900 Curve Crest Blvd to construct a 12,000 square foot medical office building. The proposal is the second phase of a two-phase medical and dental office campus development in the Campus Research District. This will be the fourth medical/dental office in the district. Phase 1 was approved in 2010 which included the platting of both Phase 1 and Phase 2 lots as well as parking for both phases. The applicant proposes to continue to meet the required standards for utilities, parking, design standards, Page 3 of 6 Planning Commission August 24, 2022 and landscaping for the completion of Phase 2. Staff recommends approval of the CUP with nine conditions. Chair Dybvig opened the public hearing. There were no public comments. Chair Dybvig closed the public hearing. Motion by Commissioner Hoffman, seconded by Councilmember Odebrecht, to make the determination that the proposed medical office building is a similar use to other approved uses within the CRD Zoning District, and to approve Case No. 2022-53, Conditional Use Permit for Medical Office Building at 29XX Curve Crest, with the nine staff -recommended conditions. All in favor. Case No. 2022-56: Non -Residential Use Table Amendment - Amend Campus Research District to include Medical Offices. Mr. Gutknecht stated that a CUP application has been received to allow a medical/dental clinic and office located in the Campus Research District. Staff reviewed district standards, previous applications for similar uses, and development pressures that have affected the district in the past decade. Staff felt it appropriate to bring forward an ordinance amendment proposal for the Campus Research District that addresses design requirements and allowable uses. Staff recommends an amendment to the use table, in order to permit medical/dental clinics and offices uses through the CUP rather than continue to rely on permitting "similar uses." The primary reason being, medical/dental clinics and offices have been and continue to be routinely determined compatible with the intention of the land use and district purpose statement and found to be an appropriate fit within the regional commercial area by both City staff and Planning Commission. Staff recommends that the Planning Commission recommend approval of the amending ordinance. Commissioner Steinwall said she thought the HPC dealt with design permits in the West Stillwater Business Park area, and Mr. Gladhill replied that the HPC at one point reviewed all these projects in the West Stillwater Business Park but there was a policy shift a few years ago refocusing the HPC on the downtown historic areas, downtown design review district and neighborhood conservation district. Chair Dybvig opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hoffman, seconded by Commissioner Knippenberg, to recommend the City Council approve Case No. 2022-56, Non -Residential Use Table Amendment - Amend Campus Research District to include Medical Offices. All in favor. Case No. 2022-57: Ordinance Amending Accessory Structure Regulations (sizes for larger lots, home offices/recreation rooms, remove conflicting language). Sec 31 304 Sec 31 306 Sec 31 308 Sec 31 314. Mr. Gladhill said this will be moved to the September agenda. Case No. 2022-58: Official Zoning Map Amendment - Neighborhood Commercial District. Planning Manager Robinson stated that during the development of the 2040 Comprehensive Plan, changes to the commercial land use categories in general were made to clarify and better reflect the community's desire to preserve the unique neighborhood commercial uses of the historic areas of Stillwater. In 2021, a Zoning Text Amendment was approved that added the Neighborhood Commercial section to the zoning code. Staff recommends approval of the Page 4 of 6 Planning Commission August 24, 2022 Zoning Amendment that would finalize and conclude the administrative process that was initiated with the creation of the Future Land Use Map and Neighborhood Commercial Zoning District by aligning the Zoning code with the corresponding Zoning Map. At this time, Staff would recommend removing the Liberty Village commercial area from the amendment for further review, as the current code language would create a lawful, nonconforming situation for the existing fuel sales use. Councilmember Odebrecht asked how it went with the gas stations. Mr. Gladhill replied that the neighborhood commercial district in the Comprehensive Plan includes the Liberty Village area anchored by Kwik Trip, but it also does not allow gas stations so Liberty Village will be addressed separately at a future date. There is a gas station in one of the remaining pockets; if that gas station ever expires for more than 12 months it would lose its lawful nonconforming protections. He added that some public comments have been received. The old lumberyard north of Laurel St is now a residential building so that will come off the map. Change #2 is on the west end of town where the Comprehensive Plan map shows neighborhood commercial. The City will wait to rezone those properties to determine whether gas stations are appropriate in that area but this is the only map change here regarding the Fourth St properties. Chair Dybvig opened the public hearing. Cheryl Kane, 618 Owens St N, via Zoom, asked what is changing with the zoning. Mr. Gladhill replied this is part of historic preservation efforts to protect small pockets of commercial uses in residential districts. No new construction is involved, it is a matter of having the rules match what is actually occurring on the site. Chair Dybvig closed the public hearing. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to recommend that the City Council approve Case No. 2022-57, adopting the Zoning Map Amendment Ordinance Amending Accessory Structure Regulations (sizes for larger lots, home offices/recreation rooms, remove conflicting language), pulling out the portion of the map showing Liberty Village as being rezoned, and the lumberyard parcel on Fourth St, stating those two corrections to the map shall be made. All in favor. Case No 2022-62: Lumberjack Landing Trail Addition Preliminary/Final Plat. Assistant Planner Gutknecht explained that the City has been working closely with the Stillwater Marina & Yacht Club in bringing the proposed plat before the Planning Commission and City Council. The purpose of the plat is to allow the City to purchase property ensuring access and control to the recently acquired parks and recreation area known as Lumberjack Landing. Additionally, the plat will help clarify private property line boundaries along the Brown's Creek trail property. The existing property is a narrow lot, measuring approximately 2,031 feet by 39 feet with an area of 79,239 square feet. The parent parcel is being split into Outlots A, B, and C. Outlots B and C are located on the portion of Brown's Creek State Trail that stretches between the Zephyr Theatre and the Stillwater Marina & Yacht Club. Outlots B and C are proposed to remain under the current ownership. The third lot created, Outlot A, consists of the remainder of the parent parcel north of Outlots B and C. Staff recommends the Planning Commission recommend that the City Council approve the preliminary and final plat for Lumberjack Landing Trail Addition creating three new lots. Page 5 of 6 Planning Commission August 24, 2022 Chair Dybvig opened the public hearing. There were no public comments and he closed the public hearing. Motion by Commissioner Knippenberg, seconded by Commissioner Hoffman, to recommend that the City Council approve Case No 2022-62, Lumberjack Landing Trail Addition Preliminary/Final Plat. All in favor. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES Mr. Gladhill encouraged Commissioners and all residents to patronize and support downtown businesses during the Chestnut Plaza project construction. ADJOURNMENT Motion by Commissioner Knippenberg, seconded by Commissioner Hoffman, to adjourn the meeting at 8:19 p.m. All in favor. Dybvig, Chai Tim Gladhill, Community Development Director Page 6 of 6