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HomeMy WebLinkAbout2023-07-26 CPC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov PLEASE NOTE: Planning Commission meetings are streamed live on the city website and available to view on Channel 16. Public can participate by attending the meeting in person at City Hall in the Council Chambers, 216 4th St N. PLANNING COMMISSION MEETING July 26th, 2023 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of May 24th, 2023 regular meeting minutes. 2. Possible approval of June 28th, 2023 regular meeting minutes. IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. CONSENT AGENDA (ROLL CALL) - All items listed under the consent agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion on these items unless a commission member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. VI. UNFINISHED BUSINESS VII. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and act on the proposed item. 3. Case No. CD 2023-37: Conditional Use Permit for Graphic Design Sign at 221 Chestnut Street East (Kari’s Create and Paint), (Tim Gladhill, 651-430-8821) – To be continued to August 23, 2023 4. Case No. CD 2023-40: Conditional Use Permit for Graphic Design Sign at 212 Main Street North (Candyland), Staff Reviewer: Yasmine Robinson, 651-430-8822) – To be continued to August 23,2023 5. Case No. CD 2023-41: Conditional Use Permit for Graphic Design Sign at 312 Main Street South (Nacho Mama’s), (Tim Gladhill, 651-430-8821) – To be continued to August 23, 2023 VIII. DISCUSSION IX. FYI – STAFF UPDATES 6. Save the Date: Annual Boards & Commissions Picnic, Wednesday August 9th X. ADJOURNMENT PLANNING COMMISSION MEETING MINUTES May 24, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Swanson, Councilmember Odebrecht Absent: None Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, Planning Manager Robinson Chairman Dybvig mentioned John Heady a Planning Commissioner from 2012-2019 passed away this week, he provided a good service to the City of Stillwater. APPOINT CHAIR AND VICE CHAIR Councilmember Odebrecht nominated Chairman Dybvig to remain Chairperson and Commissioner Steinwall to remain Vice-Chairperson, seconded by Hoffman. All in favor. APPROVAL OF MINUTES Possible approval of minutes of April 26, 2023 regular meeting Motion by Commissioner Hoffman, seconded by Commissioner Cox, to approve the minutes of the April 26, 2023 meeting. All in favor. 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. CD 2023-19: Variance to Exceed the Allowable Impervious Surface for the Construction of a Deck; Assistant Planner Gutknecht reviewed the case. The applicant is seeking to construct a deck that exceeds the allowable impervious surface. The property is located in the RB district and is allowed 25% impervious surface coverage, which would allow 305 sq. ft. additional impervious on the lot. The proposed deck exceeds this even with the removal of the wrap around portion of the deck. Though the request to reduce the number of stairs is a reasonable request, the property itself does not meet the strict requirements for a variance. Planning Commission May 24, 2023 Page 2 of 9 applicant, said she would like to use the walkway for small child and aging dog. She explained the proposed walkway area is rocks and landscaping and not usable space. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Cox, seconded by Commissioner Hoffman, to deny Case No. 2023-19, variance to the allowable impervious surface at 1435 Summit Court. All in favor. Case No. CD 2023-21: Interim Use Permit for a K-6 School at 601 Main St N (Manitou Fund Education and Arts Center/River Grove School/Zephyr Theater), Community Development Director Gladhill stated that the review is for an Interim Use Permit for the site and the name of the project is the Manitou Fund Education and Art Center. Manitou Fund out of White Bear Lake will purchase the site and will lease the site primarily to the River Grove School and lease back to the Zephyr Theatre. The use of an education institution/schools are not a permitted use in the Central Business District. The applicant has requested an Interim Use Permit is used for the determination of a similar use. The closest use that is allowed is a Business and Technical School. River Grove School does not plan to make this site their permanent home and is looking to build in another community. Staff and Council recommend the use of an Interim Use Permit and not a Conditional Use Permit that runs with the land. Mr. Gladhill explained that traffic circulation was a concern for staff. The Heritage Preservation Commission did approve the minor changes to the building. He explained the bus drop off and pick up procedure and discussed the plan for the northern parking lot owned by the City. Commissioner Cox asked if there would be overlap with Lumberjack Landing and this project. Mr. Gladhill explained there may be some overlap but not much due to funding and when the Lumberjack landing is set to begin. Councilmember Odebrecht expanded on the explanation of the difference between permitting a CUP that would allow a school there in perpetuity. Whereas an IUP allows the opportunity to place a time limit and additional conditions on the approval. He said he could not support a CUP in that location. Mr. Gladhill discussed the traffic study and the school’s impact on traffic. He explained the largest impact would be at Laurel Street and the AM peak would go from a service level of B to a D, this is a delay but this is not failure, that would be achieved at level E or F. The afternoon pick up is spread out and there will not be much in the service level change. Mr. Gladhill explained the internal floor plan and the external modifications to accommodate the interior remodel. He explained the timeline of the Commission’s decision. Mr. Gladhill requested that the Commission add a condition that a turning radius for bus drop off on the north end be submitted to staff and that the Commission decide if the site should include the North Parking Lot or move forward with the traffic study that excludes the North Parking Lot. Commissioner Cox requested that Mr. Gladhill expand on the mentioned pedestrian crossing. Mr. Gladhill explained it will remove some parking to improve sight lines and create pedestrian pausing area in the center median right at Terra Springs and at Isaac Staples Mill. Planning Commission May 24, 2023 Page 3 of 9 Commissioner Swanson asked if the study looked at eliminating on street parking to improve sight lines. Mr. Gladhill stated that a traffic study is more about delays and removal of parking would need to be approved by the Downtown Parking Commission. Commissioner Steinwall asked if there is any provisions for outdoor recreation onsite. Mr. Gladhill explained there is no plan for playground, they will use parks and other public areas, and May Township nature center. Councilmember Odebrecht asked if we have had any other projects change by two letter grades of service. Mr. Gladhill explained the only projects that have had traffic studies in his time at the City are the Chapel Hill Flats and Rocket Car Wash and that intersection at 36 is currently operating at a level E or F. He explained that a use will end up on the site and will impact the level of service. Applicant Drew Gibson for the school and Nicole Bartel current chair of Zephyr Theatre explained their goals for the site and their individual programs. Commissioner Cox said in talking to community members, trying to get opinions on how people feel about this, she was asked does the MN Department of Education have to weigh in. Mr. Gibson explained every charter school has an authorizer, so they make sure we are operating in the best interest of the school. Councilmember Odebrecht stated he applauds that you talked to Terra Springs, Zephyr has done a good job talking with them as well. Question is about the traffic study, any opposition to additional staff in the parking lot to direct traffic. He mentioned that traffic on Main St. was just a heated topic a month ago. Mr. Gibson said right now we have 5 or 6 staff members on site helping with traffic and they will use as many as needed to help keep things flowing. Commissioner Cox asked why does afternoon stacking look less severe than AM. Mr. Gibson explained that they have after school clubs and hope to do after school programming with Zephyr so that traffic would stagger. Commissioner Hoffman asked if there is summer programming? Mr. Gibson said no, not currently. Commissioner Odebrcht explained that Council capped them at 200 students. Commission Cox asked to explain the 2 years vs. 4 years? And if 2 years is enough for the school to move on or would 2 years be enough for the Zephyr to reorganize. Mr. Gibson yes, we want to be back in the forest as soon as possible. Bartel explained the Zephyr is already working on organizational plans. Chairman Dybvig opened the public hearing. Keith Kanagualr resident of Terra Springs, no personal objections. He would like to see a condition that the school and future theater clean up the grounds. Also, pedestrians of Terra use that crosswalk daily; he would like to see some safety measures implemented for all. Jean Kanagular, on Terra Springs board, has concerns about snow removal and that the intersection is dangerous. She asked if there is summer school and are there any walking students? She does not want classes in the courtyard. Melanie Zeller raised concerns on where the kids will eat, losss of parking spaces, storm shelter availability, vehicle stacking, speeds on Hwy 95 and crosswalk usage. She asked why would city grant IUP for a school that prides itself on being outside that is moving into a space with no greenspace. Planning Commission May 24, 2023 Page 4 of 9 Steph Leonard parent of River Grove students. supports the location because of the proximity to green space, park, and the state bike trail. She believes it will bring vibrancy to Main St. Michelle Ruther inquired how many buses and cars will be coming in and out per day and effects on residents of Terra Springs. Mike McEvage believes that bus traffic is going to cause a problem, especially since they do not even know the turning radius. Mary Theresa McEvage expressed concerns on the lack of intersection safety and keeping parents from parking in the private areas and children off the private trails. Pam Fresenti echoed concerns about traffic and bus turning radius and asked about the impact due to frequent field trips as was indicated. She questioned if an IUP is granted will this be a precedent for future schools especially with the building conversion. Nik Ondracek his son will be attending next year and appreciates the teachers. He appreciates he will be able to stop in downtown and go to Candyland after school. Chairman Dybvig closed the public hearing. Mr. Gladhill addressed the questions and the Commissioners discussed. Motion by Councilmember Steinwall to move the application forward with all of the conditions on the original resolution and add two additional conditions, seconded by Commissioner Cox, to approve Case No. 2023-21, Interim Use Permit at 601 Main Street North. Conditions were to attach the new Exhibit B received at the meeting and a condition that staff determine if the North Lot can be used and that the bus turn around can be implemented. All in favor. Case No. CD 2023-25: Conditional Use Permit to allow Retail Use at 1826 Tower Drive West Mr. Gutknecht stated that the applicant is seeking a Conditional Use Permit (CUP) to allow retail within the Business Park – Office Zoning District. The applicant’s business is by appointment only and is not walk-in retail. Staff finds that the proposed use is consistent with goals of the Highway Mixed Use zoning concept, as the addition of the proposed use would add to the diversification of uses in the area. Staff recommends approval. Commissioner Cox asked since it is a CUP that means retail can remain in this location into the future. Ms. Robinson explained that yes, any retail would be allowed to continue but due to the location, it is not a heavy foot traffic area. This is a change to the code staff is looking to exploring allowing in the BP Districts. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to approve Case No. 2023-25, CUP to allow retail within the Business Park – Office Zoning District located at 1826 Tower Drive West. All in favor. Case No. CD 2023-28: City Code Recodification Project Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to postpone to June 28, 2023. All in favor. Planning Commission May 24, 2023 Page 5 of 9 NEW BUSINESS There was no new business. DISCUSSION There was no discussion items. FYI STAFF UPDATES Update on Sundance Stillwater Project Proposal (80th and Manning Area) Mr. Gladhill stated the applicant is still working through some details but will be bringing a concept to the June 6th Council Workshop Meeting to get direction on where to go with the project. Mr. Gladhill also reminded the Commission about the annual training run by the City Attorney on June 12th. ADJOURNMENT Motion by Chairman Dybvig, seconded by Commissioner Swanson, to adjourn the meeting at 9:02 p.m. All in favor. John Dybvig, Chair ATTEST: ______________ Tim Gladhill, Community Development Director Resolution PC 2023-17, Resolution Adopting Written Findings for Denial of a Variance to Exceed the Maximum Allowable Structural Impervious Surface of 25% at 1435 Summit Court, Stillwater, Minnesota Resolution PC 2023-18, Conditional Use Permit to Facilitate a Bridal Shop Located at 1826 Tower Drive Resolution PC 2023-19, Interim Use Permit for Property Located at 601 Main Street North in the Central Business District to Operate a K-6 School, Known as River Grove School, PLANNING COMMISSION MEETING MINUTES June 28, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Councilmember Odebrecht Absent: Commissioner Swanson Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, Planning Manager Robinson, City Attorney Land APPROVAL OF MINUTES Possible approval of minutes of May 24, 2023 regular meeting Commissioner Steinwall suggested these revisions: 1) the minutes should state who was elected Chair and Vice Chair; 2) with regard to the Zephyr discussion, the minutes should state the two conditions that were added; 3) the Resolution should be named in the minutes. Motion by Chairman Dybvig, seconded by Commissioner Steinwall, to table the minutes of the May 24, 2023 meeting so the revisions can be made. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS Case No. CD 2023-13: Interim Use Permit for Outdoor Events at River Siren Brewing at 225 Main Street North Assistant Planner Gutknecht explained that on April 26, 2023, the Planning Commission held a public hearing and tabled the Interim Use Permit (IUP) application decision for more information and review by the Downtown Parking Commission. The Downtown Parking Commission on June 15, 2023 recommended denial of the initial request. The current revised request is for a total of five events per year, with no more than two in one month. The applicant also has removed the proposed winter use of the parking lot for events, and has noted that should there be pressure to increase the number of events in the future, an amendment to the IUP would be sought. Staff has updated the proposed conditions within the staff report and continues to recommend approval of the application, but seeks Planning Commission direction on details of approval such as appropriate number of events and duration. Brian Carlson, River Siren Brewing, explained the five events proposed. “Event” means they would shut down the parking lot for Friday and Saturday. Planning Commission June 28, 2023 Page 2 of 4 Councilmember Odebrecht noted this business has a good track record of doing charity events. He would support the proposal. Motion by Commissioner Odebrecht, seconded by Councilmember Hoffman, to adopt Resolution PC2023-11, Resolution Granting Interim Use Permit for Five Outdoor Events a Year in the Central Business District Located at 225 Main Street North Commissioner Steinwall requested that the Resolution be revised to state the IUP would expire “if there is a change in ownership of the property or the business operated at the property or a change in the type of use conducted on the property.” The motion maker and second agreed to the friendly amendment. All in favor. PUBLIC HEARINGS Case No. CD 2023-27: Interim Use Permit for Outdoor Musical Performances at 324 Main Street South (Tilted Tiki Tropical Bar & Restaurant) Planning Manager Robinson reviewed the case. Applicant Chris Goetzke is seeking an IUP to allow outdoor musical performances on the patio at the Tilted Tiki Restaurant. The patio has been used for live music in the past but the use has not been formalized. Staff found no noise or code violations related to the live music. Staff recommends approval with six conditions. Chris Goetzke, applicant, offered to answer questions. He stated they have been providing live music for seven years and didn’t know they had to apply for the use. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Commissioner Steinwall suggested that the Resolution be amended to state that the IUP would expire “if there is a change in ownership of the property, or the business operated at the property, or a change in the use conducted at the property.” Motion by Commissioner Steinwall, seconded by Commissioner North, to adopt Resolution PC2023-20, Interim Use Permit to Allow for Outdoor Musical Performances at 324 Main Street South as amended. All in favor. Case No. CD 2023-28: City Code Recodification Project City Attorney Land reviewed proposed revisions to the City Code, stating that most of the revisions involve cleaning up outdated language or statutory references, using best practices for ordinances, simplifying and clarifying City processes and moving sections to more appropriate chapters of the Code. The Zoning Ordinance and Subdivision Regulations will need a complete re-write, which was not budgeted for this project and is anticipated in 2024. However, there are a few revisions that create better and supportable processes and that involve minor terminology and definition changes. She explained the Decision-Making Authority chart showing the proposed changes. Permits such as grading and vegetation removal will be reviewed administratively. The decision-making authority for CUPs, IUPs, Zoning Amendments (text and map) and Site Plan approval would rest with the City Council (CC). The original thought behind changing the decision-making authority was the influx of appeals to the City Council. It also reduces the possibility of inadvertently violating the 60-day rule. The Planning Commission (PC) will hold the public hearing on all land use applications and make a recommendation to the CC. The PC will still make final decisions on Variances. She explained the proposed elimination of the parking tax when a developer cannot meet the Planning Commission June 28, 2023 Page 3 of 4 required parking stall requirement. Site Plan review is being added so the PC can see the whole picture of a development all in one application. Park Dedication fees are being challenged in the courts and now must correlate to the development being proposed case-by-case, instead of an across-the-board fee. Commissioner Steinwall asked about the cash contribution reference in the Park Dedication section, and the language in the second sentence which says the Park Dedication fee “guidelines” shall be determined by the City Council on an individual basis. Ms. Land explained that those words are used because the outcome of a Supreme Court case is yet unknown and the Court of Appeals has ruled that fees must be individually charged based on each project. A Supreme Court decision could come any day. Commissioner Steinwall stated that to her, “guidelines” affect more than one property. She suggested revised wording clarifying that the fee shall be determined on an individual basis; and Ms. Land replied that individual “analysis” or “formula” might be better wording than “guideline.” Regarding decision-making authority changes, Chairman Dybvig remarked that it seems counterintuitive to hold a public hearing in one body and have the decision made by a different body. The CC could review the decision made by the PC, with the CC retaining the ability to uphold or overturn the PC decision, without having to do a new public hearing at that level. Councilmember Odebrecht said he can see the issue both ways. There are times when the City Attorney should be present; on the other hand, he thinks it was designed this way to distribute some of the decision making power. Commissioner Steinwall said it is usually known when a case is of concern to the neighborhood and the advice of City Attorney would be helpful. The idea of punting certain decisions from the PC up to the CC doesn’t feel right; the current system works well. Commissioner Cox asked City Attorney Land to describe the appeal process and timelines; and Ms. Land replied that usually the CC meeting is one week after a PC meeting. The turnaround time on a CC agenda is Wednesday to Friday but the City would not know if someone is going to appeal a PC decision because they have 10 days to do so. The City would have to build in a 10 day window clarifying timelines for applicants choosing to appeal a decision. Another option is to push appeals from the CC to the District Court. Councilmember Odebrecht asked if it is possible to remand a decision from the CC back to the PC assuming the 60 day clock allows for it, and Ms. Land those words could be added as long as the 60 day rule is followed. Commissioner Steinwall noted it would be helpful to have deadlines noted in staff reports. Commissioner North emphasized the importance of risk management, making sure the City Attorney is present when needed. It is good governance to tie the public hearing to the decision makers, if the attorney can be present at the appeal level; Chairman Dybvig agreed. Chairman Dybvig opened the public hearing. There were no public comments and he closed the public hearing. Motion by Commissioner Cox to recommend the proposed changes to the City Council except that in the decision making authority section, every place PC is crossed out, the recommendation to the Council is that that PC be un-crossed out so that decision-making would be with PC for CUPs, IUPs and Site Plan review and approval - all for which, the PC would hold the public hearing. Planning Commission June 28, 2023 Page 4 of 4 Commissioner Steinwall suggested delaying a recommendation on the Park Dedication section until the Supreme Court has handed down its decision, and clarifying the language as previously discussed about “individualized” guidelines. Commissioner North asked that the PC’s recommendation to the CC include qualitative commentary stating that the PC fully supports efficiency of process, making sure that actions take place in a timely way, and maintaining risk management, but also recognizing that the PC feels it is good governance to tie the public hearing to the decision making body. As the maker of the motion, Commissioner Cox clarified that the motion includes recommending to the CC that everything else be approved. Motion was seconded by Commissioner Hoffman. Commissioner Cox remarked that she understands Commissioner Steinwall’s concerns about the Park Dedication fee language, but she feels a change should be made now so a lawsuit isn’t filed against the City before this is heard. With all this being looked at again in 2024, she hopes language can be added to make it less ambiguous. Commissioner Steinwall requested a friendly amendment directing City staff to clarify the language, and Commissioners Cox and Hoffman accepted the amendment to the motion. Motion passed 5-0-1 with Councilmember Odebrecht abstaining. NEW BUSINESS There was no new business. DISCUSSION There were no discussion topics. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Cox, seconded by Commissioner Hoffman, to adjourn the meeting at 8:10 p.m. All in favor. John Dybvig, Chair ATTEST: ______________ Tim Gladhill, Community Development Director Resolution PC2023-11, Resolution Granting Interim Use Permit for _____ Outdoor Events a Year in the Central Business District Located at 225 Main Street North Resolution PC2023-20, Interim Use Permit to Allow for Outdoor Musical Performances at 324 Main Street South