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Home My WebLink About2024-03-27 PC MIN(499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES March 27, 2024 REGULAR MEETING Chairman Dybvig called the meeting to order at 7:00 p.m. 7:00 P.M. Present: Chairman Dybvig, Commissioners Hoffman, Steinwall, Swanson Absent: Commissioners Cox, North, Councilmember Odebrecht Staff: Community Development Director Gladhill, Planning Manager Gutknecht, Assistant City Planner Molasky APPROVAL OF MINUTES Possible approval of minutes of February 28. 2024 regular meeting Motion by Commissioner Swanson, seconded by Commissioner Steinwall, to approve the minutes of the February 28, 2024 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 2024-05: 14100 60th St N Conditional Use Permit for Car Wash (Auto Repair and Related Services) for Mister Car Wash Planning Manager Gutknecht explained that CWP West LLC (Mister Car Wash) is seeking approval of a Conditional Use Permit (CUP) for Automotive Repair and Related Services and Site Plan Approval to facilitate construction of Mister Car Wash located at 14100 60th Street North on a parcel approximately 1.4 acres in size. The approximately 4,600 square foot standalone conveyor car wash with onsite vacuum equipment would be accessed from the north with a dedicated right in entrance and from the south with a shared exit/entrance. Vehicles would queue in three bays that lead to one wash tunnel. Staff has sent the application materials to Washington County and MnDOT for review and comment. Staff finds that the proposed use conforms to all applicable City plans and zoning code, and that the structure will not constitute a nuisance. Staff recommends that the Commission recommend approval by the City Council with 10 conditions. Project Manager Nick Johnson offered to answer questions. Chairman Dybvig opened the public hearing. There were no public comments. The public hearing was closed. Planning Commission March 27, 2024 Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to recommend that the City Council approve a Conditional Use Permit for Automotive Repair and Related Services (Carwash) and Site Plan Approval for Mister Car Wash Located at 14100 60th Street North (Case No. CD2024-005). All in favor. Case No. CD 2024-008: Conditional Use Permit for CBD Retail Establishment - Intoxicating located at 1507 Frontage Rd W: KMH Retail, Inc. Planning Manager Gutknecht explained that Stillwater Smoke Shop Plus is seeking approval of a CUP for a CBD Retail Establishment - Intoxicating located at 1570 Frontage Road West in Valley Ridge Mall. The applicant received a CBD Retail Establishment License from the City Council on February 6, 2024. In addition to a CBD Retail Establishment License, City Code also requires a CUP. Staff finds that the proposed use conforms to all applicable City Codes and will not constitute a nuisance. Staff recommends that the Commission recommend the City Council approve the CUP with 15 conditions. Commissioner Steinwall asked what is the source of the proposed condition that would prohibit anyone under age 21 from entering the store, and Mr. Gutknecht confirmed it is a function of the recently adopted City Code. Commissioner Steinwall suggested that the City Council reconsider that requirement for two reasons: it puts an unreasonable burden on the store operator to check IDs as people enter the store in addition to checking IDs before purchase, and it also burdens people with children who want to enter the store. Chairman Dybvig concurred and wondered if alcohol sales are under same rules. Community Development Director Gladhill suggested the Commission act on the CUP first and inquire about the Council's reasons for the age requirement by a second separate motion. Khalil Hammad, President of KMH Retail Dba Stillwater Smoke Shop Plus, thanked the Commission for its consideration. Chairman Dybvig opened the public hearing. There were no public comments and the public hearing was closed. Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to recommend that the City Council approve a Conditional Use Permit for a CBD Retail Establishment - Intoxicating located at 1570 Frontage Road West (Case No. CD2024-008). Commissioner Hoffman echoed Commissioner Steinwall's question about placing the burden on the business to check ages at the door. He offered an amendment to the motion recommending eliminating Condition #5 regarding the age prohibition for entering the store. Commissioner Swanson withdrew his second, stating that he prefers leaving the language in as an enforcement tool in case underage patrons start coming into the store, based on legal counsel and law enforcement advising the City Council. Commissioner Hoffman said a second motion could be made requesting the Council to reconsider it. He reverted to his original motion with the 15 conditions as stated, and Commissioner Swanson reverted back to his original seconding of the motion. Commissioner Steinwall said she would still prefer to remove Condition #5 as a signal to the Council, which is not bound by the recommendation. All in favor of the original motion to recommend approval of the CUP. Page 2 of 4 Planning Commission March 27, 2024 Motion by Chairman Dybvig that on that specific point, no one under 21 shall be allowed to enter the retail establishment, to request that the regulation match what currently applies to sales of intoxicating liquors. Commissioner Swanson remarked that he does not want to recommend that without fully understanding what was behind it. Motion seconded by Steinwall. Motion failed 2-2, with Chairman Dybvig and Commissioner Steinwall in favor and Commissioners Hoffman and Swanson opposed. Chairman Dybvig clarified that the motion was to ask the Council to treat the age prohibition the same way as intoxicating liquor, so if the provision is not present in regard to sales of intoxicating liquor, to remove it; or if it is present for liquor sales, then to leave it the same way. Commissioner Swanson said his personal opinion is based on how he sees how young people view alcohol versus CBD and other drugs - he feels it warrants different handling by law enforcement and he is OK if it's the recommendation of the City not to allow people under 21 to enter, until he gets further information. Commissioner Hoffman said he would not want to recommend making everything congruent if the Commission doesn't know why this was crafted differently. Mr. Gladhill said staff will report back on what the liquor license regulations state, and with some better information, the Commission can reconsider this at its next meeting. Case No. CD 2024-10: 225 Main St N (River Siren Brewing) Interim Use Permit for Mobile Food Unit (The Good Egg) Assistant City Planner Molasky stated that Ryan Kilkelly (the Good Egg) is seeking an Interim Use Permit (IUP) for seasonal outdoor sales/outdoor seasonal food vending located at 225 Main Street North, River Siren Brewing. The proposed truck would occupy parking spaces in the private parking lot where a previous seasonal food truck was located for the last six years. Proposed hours of operation are 7 am-2 pm, seven days a week and 4-9 pm Thu -Sun, April 1, 2024 through December, 31, 2024. The proposed truck would be approximately 18 feet long, 10 feet tall and 8 feet wide. The Heritage Preservation Commission approved the proposed design with conditions. Staff recommends that Planning Commission recommend approval of the interim use permit with five conditions. Ryan Kilkelly, applicant, explained he ran the food truck last year and is moving to a new site. Chair Dybvig asked if this will replace the previous vending truck and Mr. Kilkelly said yes. Chair Dybvig opened the public hearing. There were no public comments and the public hearing was closed. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to recommend that the City Council approve an Interim Use Permit for the Placement of a Seasonal Food Vending Trailer at 225 Main Street North (River Siren Brewing) (Case No. CD2024-010). All in favor. NEW BUSINESS There was no new business. DISCUSSION Commission Work Plan Page 3 of 4 Planning Commission March 27, 2024 Mr. Gladhill suggested that a work plan be established for the Commission; staff will plan for 2- 3 workshops to discuss this, prior to regular meetings. FYI STAFF UPDATES Missing Middle Housing Bill Update Mr. Gladhill reported that the State legislature is considering a bill that attempts to remove barriers to affordable and multiple family housing. It would pre-empt some local zoning regulations, prompting concern about a potential loss of local control. The legislation has changed a lot since the last meeting when Councilmember Odebrecht addressed it with the Commission. There is a high likelihood of some type of bill passing this session, which wraps up in mid -May. Staff will keep the Commission updated. ADJOURNMENT Chairman Dybvig adjourned the meeting at 7:45 p.m. AT EST: Tim Gladhill, Community Development Director Page 4 of 4 4�_ � 1��' Jo 1 Dybvig, Chair