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HomeMy WebLinkAbout2023-10-25 PC MINga- . TNF YIXTXILALE 0i ■IYX EYYTX PLANNING COMMISSION MEETING MINUTES October 25, 2023 REGULAR MEETING Chairman Dybvig called the meeting to order at 7:00 p.m. 7:00 P.M. Present: Chairman Dybvig, Commissioners Cox (remotely), Hoffman, North, Steinwall, Swanson, Councilmember Odebrecht Absent: None Staff: Community Development Director Gladhill, Planning Manager Gutknecht APPROVAL OF MINUTES Possible approval of minutes of September 27, 2023 regular meeting Motion by Councilmember Odebrecht, seconded by Commissioner North, to approve the minutes of the September 27, 2023 meeting. Motion passed 5-2 with Commissioners Hoffman and Swanson abstaining. OPEN FORUM Lynn Renee, 1118 Linden Street, questioned the Comprehensive Plan 2040 in the Housing Section, page 17, where it states "Woodbury officials also take part in planning." Chairman Dybvig asked staff to look into it and correct it if necessary. CONSENT AGENDA Adopting Findings of Denial for the Variance Request to Yard Setbacks for Exterior Balconies at Chapel Hill Flats, 107 3rd Street North (Landucci Construction) - Resolution PC2023-25 Motion by Commissioner Steinwall, seconded by Commissioner North, to adopt the Consent Agenda. All in favor. UNFINISHED BUSINESS Case No. CD 2023-54: Variance to Impervious Surface for the construction of an accessory building (detached garage) located at 617 Wilkins Street West Assistant Planner Gutknecht explained that on September 27, 2023, the Planning Commission tabled action on the Variance request to determine if there was existing impervious surface that could be removed from the property that would negate the need for the Variance. Staff determined that the existing structural impervious surface on site today is 16.4% (1,037 square feet) not including the shed. The addition of a 576 detached garage would continue to increase the total structural impervious surface to 25.4% of coverage. Staff has extended the initial 60-day review deadline of November 7, 2023 an additional 60 days to January 6, 2024 to accommodate any further review. The applicant has stated they've removed portions of concrete impervious surface and will remove a portion of the shed that may be on their property. Further, the applicant outlines that City Code does not specify rounding principles when calculating impervious surface percentage. However, City Code states 25% as the Planning Commission October 25, 2023 maximum amount and staff would interpret any amount over to be inconsistent with City Code, but is open to the Planning Commission's interpretation of this point. Staff continues to recommend denial of the Variance application and finds the plight outlined by the landowner does not satisfy the required practical difficulty requirements. Councilmember Odebrecht explained the Planning Commission's job is to interpret and follow the rules set by City governing bodies. He stated that "practical difficulties" is a tricky term that has a legal meaning. He does not think the Variance request meets the practical difficulty test. Bryce Hanson, 617 Wilkins Street West, applicant, thanked the Commission for considering the case thoughtfully. Danette Langness, the applicant's stepmother, said she understands Councilmember Odebrecht's point in that it doesn't meet the practical difficulties test, but if the Commission proceeds on that basis, variances would never be approved. Councilmember Odebrecht countered that he has a heart for the request, but variances are a legal "forgiveness" for not following the law. Chairman Dybvig added that what's required to approve a variance is that there's some abnormality of that property that prohibits the property owner from complying with the law. Ms. Langness asked if the Commission has approved any impervious surface coverage variances in the past 36 months. Chairman Dybvig answered there were a couple of developments where houses were designed with sliding glass doors on the second floor, and then the lots were built to the 25% threshold so that adding a deck, which seemed reasonable, would put them over the threshold. It was a mistake that was probably made by staff when those developments were initially approved and there was probably an expectation that they would be allowed to have some sort of deck. Ms. Langness said this is disheartening. She disagreed with the Commission's findings, adding that black letter law variances are not precedential and they are discretionary. More good than harm would come of this variance in that the applicant would be able to better control the stormwater. She is adamant that this is ripe for approval. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to deny Case No. CD 2023-54, Variance to Impervious Surface for the construction of an accessory building (detached garage) and direct staff to bring a resolution to the November Commission meeting adopting written findings stating that the applicant failed to meet the practical difficulties test. All in favor. Mr. Gladhill noted the applicant has ten days to file an appeal to be heard by the City Council. PUBLIC HEARINGS Case No. CD 2023-04: Sundance Stillwater Zoning Map Amendment, Preliminary Plat and Final Plat (12100 Block of 80th Street North) Mr. Gladhill noted that the Comprehensive Plan for 2040 guides this site as medium density residential, but the City has not finished amending the zoning map to match the long term vision, so the proposal requires a zoning map amendment. Just because the Comp Plan designates medium density residential doesn't mean that the City must approve this particular medium density residential project. The proposal applies the same zoning district that is across the street on the north side of 80th Street (referred to as Boutwell Road). There are five parcels in this project. Staff believes Cove Townhouse Residential is an appropriate zoning district to comply with the Comp Plan though not the only zoning district that could be used Page 2of6 Planning Commission October 25, 2023 here. If the Commission does not want to move forward today, staff can reevaluate the Comp Plan or further research whether this medium density residential district is appropriate. Comments from Washington County were added to the agenda packet today. In an ideal world there would be better connectivity between this project and developable area to the south, however working against that is preservation of a significant wetland complex that is a feeder to Brown's Creek. The goal is to always try to avoid impacts to wetland. Mr. Gutknecht reviewed the plat proposal. The proposed development is a 179-unit townhome development at the southeast intersection of Manning Avenue and 80th Street North. It includes 17 apartment buildings, a clubhouse, and maintenance building. All of the proposed residential buildings comply with the maximum massing standards and the maximum height of two and a half stories, not to exceed 35 feet. All setback requirements appear to have been met except one: there appears to be a 35-foot setback between the maintenance building and an 8-unit residential building where 40 feet is required. Staff recommends that the site map be updated to reflect a compliant distance of 40 feet. A traffic study by a traffic engineer was provided which concluded that while the traffic level will increase, overall acceptable levels at intersections surrounding the proposal would not drop below acceptable levels. The proposed parking complies with standards outlined for multi -family units/apartments, with 2.3 stalls per unit, and 60 guest stalls. The plan indicates that 349 trees will be removed which is over the allowed 35% threshold; the applicant has provided a Tree Replacement Plan as required; staff suggests making this a condition of approval. It appears the proposal is consistent with wetland buffer standards; the Management Plan which requires a 50 foot buffer has been met. Staff recommends that as a conditional of approval, the applicant shall submit plans to Brown's Creek Watershed District for review. Based on guidance of the Comprehensive Plan, staff recommends approval of the request as presented, with conditions of approval as outlined in the staff report and resolution. He added that City Code requires formal approval from both the Planning Commission and City Council as it relates to the Plat approval. Noting that the preliminary plat references a conservation easement, Commissioner Steinwall asked if it should be revised to remove that term and say wetland buffer. Mr. Gladhill replied there is a wetland setback but staff should clarify if there's an expectation that a conservation easement be recorded. Applicant Ryan Sailer, Vice President of Development, Timberland Partners, explained the site plan for 179 units with a mix of 1, 2, 3 bedroom units, on 22 1/2 acres, net density of 7.95. This is lower density than the current development across the street. He described the units, the amenities available to tenants, typical rents, and renter profiles. He emphasized the firm's commitment to building neighborhoods that the community can be proud of. John Gronhovd, Alliant Engineering, stated the conservation easement was put on the plat with the understanding that was a requirement from the Watershed District. There may have been other options. Mr. Gladhill said staff will work to verify that before the proposal goes to the City Council. Commissioner Cox remarked on the single car garages and a note from Stillwater Public Works Director Sanders about street widths and parking. Assuming tenants are young couples who likely have more than one car, she asked if there will be on -street parking or a need to eliminate a sidewalk as Mr. Sanders discussed. Mr. Sailer replied that the one bedroom units typically have one garage stall, the two bedroom units have one or two stalls. He believes the development is overparked. Typically all the Page 3 of 6 Planning Commission October 25, 2023 parking is contained within the garages or driveways. They have discussed no parking signs on streets to facilitate snow removal. Mr. Gladhill added that he, Mr. Sanders and Planning Manager Gutknecht met with the developer earlier to review those comments, and they feel comfortable with the parking bays as proposed throughout the project. Ideally there would be 25 foot long driveways, however they are 20 feet which meets code, and those driveways are largely on the private roadway spurs, not on the public road. They also talked about the responsibility of the property owner for sidewalk snow removal and where the City's responsibility ends with on -street snow removal. They are meeting fire code requirements for restricted parking based on lot width. He stated that the City Engineer said it seems acceptable. Police are on board with the Fire Marshall's comments, as long those street parking standards can be enforced and the developer is required to install the signs. There is a similar situation in Liberty and Legends with narrow streets, parking bays and restricted parking. Commissioner Steinwall asked about this afternoon's changes in the site plan. Mr. Gladhill stated that the developer is now looking at a second access on the east side. Earlier, the cul de sac diameter was too small and the City's public safety team was not excited about the second access being for emergency vehicles only. So the developer eliminated the cul de sac, extended the road, swung it back up to meet with 80th Street, and staff thinks it is acceptable at this time. Chairman Dybvig opened the public hearing. Abby Ulrich, Abercrombie Lane in the Settler's Glen neighborhood across the 80th Street, spoke against the proposal. She voiced concern about construction disruptions, higher traffic volumes, displacement of wildlife and the loss of trees. She would prefer single family homes. Pam Wells,12121 80th Street North, stated when Settler's Glen was proposed across the street from her, she thought it was going to be a problem. It hasn't been a problem at all and there's hardly that much traffic. Lynn Renee, 1118 Linden Street West, stated the Comp Plan aims to provide options for seniors for whom single level living is important. However for the smallest unit available, income needs to be roughly $80,000 in order to comfortably afford the units. Also the Comp Plan talks about the goal of putting properties near parks and she is not sure how close parks are to that area. Jim Jutz, 3708 Abercrombie Lane, echoed concerns about parking and pricing of the units. Having been an original owner at Lodges of Settler's Glen for 20 years, he said site parking is a challenge. In winter because of snow removal and other restrictions, parking becomes a bigger issue. With 179 units with an average household size of 2.3, there is a great chance of having households with three vehicles. There is not enough parking for households plus guests. Stillwater Police and Fire were supposed to help his area address their parking violations, but seem to have a deaf ear. When there is not enough parking and restricted fire lanes, there is a risk of public safety vehicles not getting through. Additionally, considering the Stillwater average household income of $127,000, a three bedroom, $42,000/year rental is "well over the 23% that is recommended for housing." Councilmember Odebrecht asked Mr. Jutz to email him regarding the issues in his area. Michael Dekker, 12055 80th Street North, one of the sellers, said for the last nine years he has been looking for a developer to propose a development that met the City's guidelines. The Page 4of6 Planning Commission October 25, 2023 proposed development is at the low end of density guidelines and he would be quite upset if the proposal were rejected on grounds of density being too high given that he has turned down many offers from developers who wanted to put in 3, 4, 5 per acre developments. Regarding concerns about pricing, he reminded the Commission that all market rate housing increases affordability of all housing as people move into the new housing and out of old housing, making it available for others. If the City is concerned about affordability, it needs more housing, not less, and should ask the developer to increase the density, not lower it or lower the prices. Greg Davis, 1545 Amundson Lane, voiced concerns about the reasoning behind the development. He fails to see how it benefits the community. He feels concerns brought up regarding the cost per unit are valid. The applicant mentioned 10% of units will have children - that's a low number, is it appropriate? It feels like development may be too focused on a particular demographic and not the community as a whole. While Stillwater needs more housing, he doesn't know if this is actually good for the entire community. Chairman Dybvig closed the public hearing. Commissioner Hoffman said he sympathizes with the comments but this is actually lower density than the development to the north. A lot of thought has gone into the proposal. There is a housing need in Stillwater for market rate apartments. He too is concerned about tree replacement and wetland impacts. There is very little developable land left and the Comp Plan calls for this type of development. He feels the developer has done a good job addressing the concerns over the past nine months. Changing to two entrances will alleviate some of the traffic at Abercrombie and 80th. Commissioner Steinwall agreed, adding that people like this developer and others make decisions based on the Comp Plan. The City spent a lot of time on the Comp Plan before it was adopted. The requested zoning map change is consistent and appropriate. She supports recommending the zoning map amendment to the City Council. Motion by Commissioner Steinwall, seconded by Commissioner Swanson, to recommend that the City Council approve Case No. CD 2023-04, Zoning Map Amendment to CTHR for Sundance Stillwater. Commissioner North agreed with several of the Commissioners' comments in terms of tree replacement and conservation easement. Parking is a consideration but it seems this is consistent with the Comp Plan so he supports the zoning change. Councilmember Odebrecht said in this case he feels the City got the Comp Plan wrong. This development does not fit in with the neighborhood as evidenced by what he sees as a severe parking deficiency. Parking drives an enormous amount of decision making. A three -bedroom will have at least two cars, maybe three. He would like to revisit the Comp Plan before considering a zoning amendment. Commissioner Cox stated this type of housing would have been perfect for her family and for families who would like to come into the Stillwater community. She supports it. Chairman Dybvig remarked the Comp Plan probably has it right here, this is the type of housing needed in these areas. He concurred that parking is challenging but people make decisions as to where they live based on some of these things as well. Motion passed 6-1 with Councilmember Odebrecht voting nay. Page 5 of 6 Planning Commission October 25, 2023 Regarding the concerns expressed, Mr. Gladhill pointed out for the record, there is a section of City Code dealing with allowed hours of construction, and a traffic study has been done. Staff will reach out to Washington County on timing of the signal at 80th and Manning. There is a tree preservation plan and the large trees on the perimeter are mostly preserved. A better trail connection to 80th Street is being discussed, and there is a park in the near vicinity on the other side of the Public Works campus. He also stated for the record, the motion should include the revised version that eliminates the cul de sac and connects a second access to 80th Street and the developer will have to correct all the plans that go along with that - this should be a condition of approval. Motion by Commissioner Cox, seconded by Commissioner Hoffman, to adopt Resolution 2023- 26, Resolution Approving a Preliminary and Final Plat for Sundance Stillwater, with the revised version that shows two exits and entrances on 80th Street and no cul de sac. Motion passed 6-1 with Councilmember Odebrecht voting nay. Mr. Gladhill noted that this is the first step and there will be additional meetings. On November 8 (rescheduled Council meeting date), the City Council probably will have first reading of the ordinance related to the zoning map - it will not be a public hearing. Another public hearing will be held either in late November or early December. NEW BUSINESS There was no new business. DISCUSSION Commissioner Steinwall asked about upcoming meeting dates, and Mr. Gladhill answered the meetings are rescheduled for November 15 and December 20 due to the holidays. FYI STAFF UPDATES Mr. Gladhill noted there are still staff vacancies. A new assistant planner will start November 7. ADJOURNMENT Motion by Councilmember Odebrecht, seconded by Commissioner Hoffman, to adjourn the meeting at 8:29 p.m. All in favor. 4�- 1 Jo Dybvig, Chair ATTEST: Tim ladhil1, Community Development Director Resolution PC2023-25, Resolution Adopting Written Findings for Denial of a Variance at 107 3rd St N (City Project No. CD 2022-19), Stillwater, Minnesota, Washington County Resolution 2023-26, Resolution Approving a Preliminary and Final Plat for Sundance Stillwater Page 6 of 6