Loading...
HomeMy WebLinkAbout2023-04-26 PC MIN(499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES April 26, 2023 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:04 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, Steinwall, Swanson, Councilmember Odebrecht Absent: None Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, Planning Manager Robinson APPROVAL OF MINUTES Possible approval of minutes of March 29, 2023 regular meeting Chairman Dybvig noted a correction: at the March 29 meeting, the Commission approved minutes of the January 25 meeting, not the February meeting. Motion by Commissioner Hoffman, seconded by Commissioner Cox, to approve the minutes of the March 29, 2023 meeting as amended. All in favor. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. CD 2023-01: Adopt Findings of Fact to Support Denial of Variance at 505 Elm St W (Wilson Construction Services/Archangel Assets, LLC) - Resolution Case No. CD 2023-07: Adopt Findings of Fact to Support Denial of Conditional Use Permit at 2001 Washington Ave. S (Rocket Car Wash) - Resolution Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to adopt the Consent Agenda. All in favor. UNFINISHED BUSINESS Case No. CD 2023-03 and Case No. CD 2023-06: Reconsideration of Conditional Use Permit Conditions for Restaurants at 224 Chestnut St E and 221 Myrtle St E in the Central Business District Chairman Dybvig referred to a memo from the City Attorney to the Planning Commission noting that on March 29, 2023 the Planning Commission approved two separate Conditional Use Permit (CUP) applications for restaurants in the Central Business District with conditions related to the provision of trash receptacles on public land. The City Attorney stated it is not advisable to put a condition of approval for waste containers on an applicant that is outside of property they control, making it infeasible and unattainable, and she therefore requests that the Planning Commission move to reconsider the approval of each CUP application and make a Planning Commission April 26, 2023 new motion to approve each CUP application, removing the condition for outside waste containers. Motion by Chairman Dybvig, seconded by Councilmember Odebrecht, to reconsider the approval of Case No. CD 2023-03: Conditional Use Permit to allow a Restaurant in the Central Business District located at 224 Chestnut Street East, and to reconsider the approval of Case No. CD 2023- 06: Conditional Use Permit to allow a Restaurant in the Central Business District at 221 Myrtle Street East. All in favor. Motion by Chairman Dybvig, seconded by Commissioner Swanson, to remove the condition requiring trash containers from both Conditional Use Permits. Noting the condition was added at her suggestion, Commissioner Steinwall said the intent was not to require that the garbage containers be placed on City land, nor to ask that these applicants run afoul of City ordinances. Instead, the Commission could say "if feasible, that adequate trash containers be provided for patrons of the restaurant as long as the containers are not on City property." She feels that, in approving a CUP for takeaway restaurants, either the Commission should build this into the CUP process or should suggest to staff that an analysis be done on whether there are adequate trash and recycling containers on the sidewalks. Mr. Gladhill clarified for the record that with these two parcels there is no public property to put trash containers in. A motion may be made but he would like to make sure it is on record that there is no private space to place trash containers and that the City Attorney recommends that the Commission strike that requirement. Commissioner Swanson remarked that he fully supports promoting public use of garbage receptacles and recycling, but he doesn't know that the Commission is in the position that it can encourage placing waste receptacles on City property. Chair Dybvig said maybe the Commission should try to draft a policy for how to get more trash receptacles especially as takeaway food and outdoor seating is becoming more common. Planning Manager Robinson responded that staff could coordinate with the Public Works Department to get information about how they calculate their public receptacle numbers if it would help. Commissioner Cox said the Commission should definitely remove the conditions because it is in a business owner's best interest to have a clean restaurant. Commissioner Steinwall responded that the problem here is that the business plan was entirely takeaway so the problem isn't at the restaurant, the problem is elsewhere in the City. All in favor. PUBLIC HEARINGS Case No. CD 2023-13: Interim Use Permit for Outdoor Events at River Siren Brewing at 225 Main Street North (Staff Reviewer: Ben Gutknecht. 651-430-8818). Assistant Planner Gutknecht reviewed the case. The applicant, Brian Carlson on behalf of River Siren Brewing Co, LLC, is seeking an Interim Use Permit (IUP) to hold multiple outdoor events on the private property located at 225 Main Street North, the River Siren Brewing Co. The site is located on three separate lots that have frontage on Water Street North, Mulberry Street East, and Main Street North. The specific request is for an interim use permit to allow outdoor events to be staged on River Siren Brewing's approximately 8,800 square foot parking lot, with Page 2 of 7 Planning Commission April 26, 2023 events running through the entire year. While the number of events is increasing, it is unclear how many events will be held. Total events could range from 19-55 event -days. Staff is generally supportive of the request, but seeks Planning Commission direction on details of approval (such as appropriate number of events and duration). Staff recommends 12 conditions of approval. The applicant could not be here tonight. Commissioner Steinwall asked if an IUP is tied to property ownership and Mr. Gutknecht replied yes, ownership or a particular event. He confirmed the current application would be multi -year and the applicant intends to use the event permit for summer and winter activities. None of the fixtures used for the events would be permanent on the site. Mr. Gladhill clarified that technically there is an annual renewal of any IUP. The Planning Commission can grant the first approval and then staff can do annual renewals. If there are issues, they can be referred back to the Planning Commission. Councilmember Odebrecht pointed out that as the City Council reviews City Code, there are a lot of additional levers that are put in there to address any concerns. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Commissioner Hoffman noted that this location in the heart of downtown brings up concerns over the loss of parking stalls. He is generally in favor of having these events, but how to address the loss of parking? Chairman Dybvig said he would like the Downtown Parking Commission to weigh in before the Planning Commission action, and Commissioner Cox agreed that would be helpful. Councilmember Odebrecht noted the applicant is one of the great business owners downtown. Motion by Chairman Dybvig, seconded by Councilmember Odebrecht, to table Resolution PC 2023-11, Resolution Granting Interim Use Permit for [number not noted on Resolution title] Outdoor Events a Year in the Central Business District Located at 225 Main Street North until after the Downtown Parking Commission review. All in favor. Case No. CD 2023-14: Interim Use Permit for Outdoor Seating and Conditional Use Permit for Graphic Design Signs in Union Alley (Staff Reviewer: Yasmine Robinson. 651-430- 8822) Commissioner Hoffman recused himself from the discussion and vote. Planning Manager Robinson reviewed the application. The applicant, Sara Jesperson, is seeking a Conditional Use Permit (CUP) for graphic design signs and an Interim Use Permit (IUP) for outdoor seating located in Union Alley between Commercial Street and Myrtle Street East. A license agreement associated with the outdoor seating will go to the City Council. A Design Permit for graphic design signs was approved with conditions by the Heritage Preservation Commission on April 19, 2023. Staff recommends approval of the CUP and approval of the IUP with nine conditions. Sara Jesperson, applicant, explained the project will draw attention to local artists. Commissioner Steinwall asked about the life of the artwork and Ms. Jesperson replied that it could be changed every year or could last up to three years depending on funds raised. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Page 3 of 7 Planning Commission April 26, 2023 Motion by Councilmember Odebrecht, seconded by Commissioner Swanson, to adopt Resolution PC 2023-13, Resolution Granting a Conditional Use Permit in the Central Business District for Graphic Design Signs in Union Alley Between 102 Main Street and 126 Main Street, Case No. CD 2023-13, CUP for graphic design signs in Union Alley; and to adopt Resolution PC 2023-12, Resolution Granting an Interim Use Permit to Allow Outdoor Seating in the Central Business District for Outdoor Seating in Union Alley Behind 123 Second Street North, Case No. CD 2023- 13, with the nine staff -recommended conditions. Commissioner Steinwall asked if the Commission needs to insert a condition that makes it clear it is to be art, not advertising, and Ms. Robinson replied the graphic design sign definition excludes any advertising. Commissioner Cox referred to an anonymous email in the packet that talks about trash. She asked if there have been complaints about trash. Mr. Gladhill replied the email was not intended to be anonymous, it was from Richard McDonough, Lakes Sothebys Realty, who is also a tenant there. Mr. Gladhill stated in the past there have been concerns about trash pickup staging on Myrtle Street and staff will continue working on this. Solid waste removal in the downtown district in general is an issue. The City has a grant through the County to look at opportunities to manage waste and will work with the impacted properties to see if the trash can be located in an appropriate area. Councilmember Odebrecht pointed out there have been significantly fewer trash issues with this alley since the cleanup work has been done. All in favor. Case No. CD 2023-15: Interim Use Permit for St. Croix Brewery at 114 Chestnut Street East (Staff Reviewer: Tim Gladhill, 651-430-88211 Mr. Gladhill stated that the City received an application from St. Croix Brewing to remodel an outdoor patio in the rear of their property at 114 Chestnut Street East to allow for 20 outdoor seats. The Heritage Preservation Commission approved the design of the outdoor patio space. Staff recommends approval with nine conditions. Todd Fyten, applicant, noted they are restoring the patio grounds and historic paddock area. Commissioner Odebrecht noted the structure is one of the oldest wood frame buildings not only in Stillwater, but in the State, and Mr. Fyten added that St. Croix Brewery is the oldest brewery in the State. They hope to open this summer. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Councilmember Odebrecht, seconded by Commissioner Hoffman, to approve an Interim Use Permit to Allow for Outdoor Seating at 114 Chestnut Street East (St. Croix Brewery). All in favor. Case No. CD 2023-16: Interim Use Permit for Lolito Outdoor Patio at 243 Main Street South (Staff Reviewer: Tim Gladhill, 651-430-88211 Mr. Gladhill stated that the City received an application from Lolito Restaurant to remodel an outdoor patio in the rear of their property at 243 Main Street South. Lolito recently relocated to this space previously occupied by Marxx Restaurant. While the City can find no specific approval for an outdoor patio at this location, it appears that the patio was constructed circa 2006 based on building permit records for an interior remodel. The space has been used for Page 4 of 7 Planning Commission April 26, 2023 outdoor seating in the past, but this helps formalize the approved use. Staff has asked for a more refined seating layout to determine a final seating count. The Heritage Preservation Commission approved the design of the outdoor patio space. Staff recommends approval with nine conditions. Commissioner Cox asked if the more refined seating layout has come through yet, to know final numbers, and Mr. Gladhill replied that can worked through at a staff level or the applicant can respond. Commissioner Steinwall asked about one of the proposed findings that "permission of the use will not impose additional costs on the City if the City chooses to take the property in the future." She does not believe this language is standard, as this is private property. Mr. Gladhill replied this is one of the required findings listed in Code. The City has no plans to take this property in the future. If the Commission wants to amend it and just say "will not impose additional cost on the City" staff could reword it like that. Commissioner Steinwall said the wording seems strange because it is private property. She thinks the City Attorney and the City Council should take another look at that provision. She suggested talking to the City Attorney and forwarding an amendment back to the City Council that it would only apply if the IUP includes public land. Mr. Gladhill said staff will ask the City Attorney for clarification and different approaches to use for private property. Chairman Dybvig opened the public hearing. There were no public comments. Chairman Dybvig closed the public hearing. Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to approve Case No. CD 2023-16, Interim Use Permit for Lolito Outdoor Patio at 243 Main Street South, with the conditions stated in the finding. Commissioner Steinwall noted a typo on the Resolution which should be for Case No. 2023-16, not 15 on the Resolution. All in favor. Case No. CD 2022-57: Text Amendment to amend performance standards for accessory structures and accessory uses (Staff Reviewers: Yasmine Robinson. 651-430-8822 & Ben Gutknecht, 651-430-88181 Mr. Gutknecht reviewed ordinance amendments made in September that reorganized and removed discussion of accessory structures and their performance standards in the residential districts, and moved them to the actual performance standards section. The major change was in the definitions of accessory structures versus accessory uses within the principal structure. An accessory structure is inherently detached; thus, an attached garage is not an accessory structure. He provided examples of what would be allowed for accessory structures for different lot sizes in the RA and RB districts. Ms. Robinson added that this directly affects many inquiries the City receives daily about accessory structures. Staff is trying to streamline the processes and make them more user friendly. Chairman Dybvig opened the public hearing. There were no public comments. He closed the public hearing. Page 5 of 7 Planning Commission April 26, 2023 Motion by Commissioner Cox, seconded by Commissioner Hoffman, to recommend approval of these new definitions to the City Council. 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 Mr. Gladhill stated, regarding the Sundance Stillwater proposal at 80th Street and Manning Avenue, a revised concept plan was received, which will probably be on the June 6 Council workshop; Councilmember Odebrecht added that Commissioners are welcome to come to the workshop. Mr. Gladhill noted there is a buyer for the Zephyr Theatre Building, The Manitou fund. A school has plans to locate in the building, which will take action of the Commission, and staff is working with the City Attorney to see what that looks like. It is tentatively scheduled for the May Commission meeting and the May 2 City Council meeting. Mr. Gladhill also noted that the City Attorney just replied to his email regarding discussion earlier in the meeting of the IUP findings: that finding is required by State Statute to protect the City in the event the City ever takes the land for public purpose. Councilmember Odebrecht informed the Commission there was an attempt at the State House to remove all authority cities have to maintain local control over their properties and this one was that all properties would have to be open for multifamily use, they would reduce the park dedication fee to 10% and a few other things. The City Council quickly passed a resolution before the bill was heard the next day, and all three amendments went down in flames. So as a group the City continues to push back on attempts to make everything cookie cutter out of St. Paul. ADJOURNMENT Motion by Commissioner Steinwall, seconded by Commissioner Cox, to adjourn the meeting at 8:16 p.m. All in favor. AT EST: Ti Gladhill, Community Development Director �66 CC I �i Joh ybvig, Chair Resolution PC 2023-09, Resolution Adopting Written Findings for Denial of a Conditional Use Permit to Facilitate a Carwash Located at 2001 Washington Avenue Resolution PC 2023-12, Resolution Granting an Interim Use Permit to Allow Outdoor Seating in the Central Business District for Outdoor Seating in Union Alley Behind 123 Second Street North Page 6 of 7 Planning Commission April 26, 2023 Resolution PC 2023-13, Resolution Granting a Conditional Use Permit in the Central Business District for Graphic Design Signs in Union Alley Between 102 Main Street and 126 Main Street Resolution PC 2023-16, Resolution Adopting Written Findings for Denial of a Variance at 505 Elm St W, Stillwater, Minnesota, Washington County Page 7 of 7