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HomeMy WebLinkAbout2024-05-22 PC MIN(499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION WORKSHOP AND MEETING MINUTES - AMENDED May 22, 2024 WORKSHOP MEETING Chairman Dybvig called the workshop to order at 5:35 p.m. Present: Chairman Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Swanson, Councilmember Odebrecht Absent: None Staff: Community Development Director Gladhill, Planning Manager Gutknecht, Assistant City Planner Molasky Also attending was Human Rights Commissioner Ed Nelsen. OTHER BUSINESS Planning Commission Work Plan Development Community Development Director Gladhill reviewed the draft Purpose Statement and Vision Statement developed April 17. He explained that this workshop is Part 2 of the process designed to lay the foundation for an Annual Work Plan. Planning Commission Purpose Statement draft Mr. Gladhill reviewed the proposed draft Purpose Statement, based on previous Commission input: "The Planning Commission helps guide and communicate the future vision of the community. It provides the voice of the community on important land use topics, ensuring a diverse set of voices have an opportunity to be heard. It ensures a safe, healthy, and vibrant community through the Comprehensive Plan and Zoning Code." He added that a Commissioner suggested the following version: "Through diligent oversight of the Comprehensive Plan and Zoning Code [added by staff: and open communication], we commit to maintaining a safe, healthy, and vibrant community for everyone." He asked for feedback on these two versions. After discussion, the Commission agreed on: "Through diligent oversight of the Comprehensive Plan and Zoning Code, and listening to the voice of the community, we commit to maintaining a safe, healthy and vibrant community for everyone." Planning Commission Vision Statement draft Mr. Gladhill shared the draft Vision Statement created by staff based on April 17 Commission discussion: "The Planning Commission envisions a community that accelerates housing supply, retains and expands employment opportunities, and improves community accessibility that meets the community's diverse needs. It strives to strike a balance between historic preservation and economic growth. The Commission also acknowledges a need to increase focus on community sustainability and transparency." He asked for feedback. After discussion, the consensus of the Commission was: "The Planning Commission envisions a community that focuses on housing needs, employment opportunities, and a diverse Planning Commission May 22, 2024 community. We support historic preservation, economic growth, and environmental sustainability." Strategies Mr. Gladhill led an exercise asking each Commission to define potential Planning Commission strategies. Commissioner North: housing opportunities, intentionally diverse appointments to Commissions, multi -jurisdictional cooperation - for example along Highway 36, maintaining a focus on riverfront Commissioner Swanson: partnership with other communities, downtown focus, continue with zoning updates, eliminate or reduce redundancy in processes Commissioner Hoffman: continue to streamline code, housing incentives, pursue grants year- round for wintertime events, support transportation policies that improve options for the community Commissioner Steinwall: incorporate environmental provisions into the planning process in conjunction with Zoning Code updates, drill down on the Comprehensive Plan and Zoning Code update, support developing policy statements and a housing plan, seek diversity in community participation on Commissions Councilmember Odebrecht: the City Council should use the Comprehensive Plan more, proactively seek diversities, do something with industrial park (make it more attractive via code), diversify tax base Chairman Dybvig: preemptive housing, encourage housing projects, diversity on advisory committees, historic preservation equals sustainability, figure out how to do more neighborhood commercial, get more density into the Zoning Code Commissioner Cox: proactive housing opportunities, making the community attractive to developers, seeking grant money available or other ways to sweeten the deal, think proactively regarding commercial development Commissioner Swanson added: use more tax increment financing when applicable Mr. Gladhill pointed out the City has an Economic Development Authority (EDA) that also has the powers of a housing/redevelopment authority. The Council serves as the EDA. Commissioner Steinwall suggested consideration of creating an advisory group to provide input on housing needs. Mr. Gladhill summarized: 1) housing 2) riverfront/environmental sustainability, and within that is historic preservation 3) economic development plan or strategy including industrial/job growth and neighborhood commercial growth. Also, focus on Zoning Code update, streamlining and removing redundancy, partnership with other jurisdictions, a Comp Plan deep dive, focus on diversity in Commissions. Councilmember Odebrecht described an exercise that could be done using coins, each with an assigned cost, to symbolize items on the "wish list." Chairman Dybvig recommended the Commissioners all read the Comprehensive Plan before the next meeting. The workshop was recessed at 6:34 p.m. Page 2 of 10 Planning Commission May 22, 2024 RECESS 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, Planning Manager Gutknecht, Assistant City Planner Molasky ELECTION OF CHAIR AND VICE CHAIR Motion by Commissioner Hoffman, seconded by Commissioner Swanson, to nominate Dybvig and Steinwall to continue as Chair and Vice Chair. All in favor. APPROVAL OF MINUTES Possible approval of minutes of April 24, 2024 workshop and regular meeting Motion by Commissioner Cox, seconded by Commissioner Swanson, to approve the minutes of the April 24, 2024 workshop and regular meeting. Motion passed 6-0-1 with Commissioner Hoffman abstaining. OPEN FORUM Marie Liberda, 1020 Nena Drive, spoke of the need for homeless services and asked that the Planning Commission support the proposed Emergency Housing Services Building. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Chairman Dybvig explained the procedure for public hearings. Case No. CD2024-021: Interim Use Permit (renewal of previous approvals) for Mobile Food Unit for Gloria's to Go Planning Manager Gutknecht explained that applicant Cory Buettner is seeking an Interim Use Permit (IUP) for seasonal outdoor seasonal food vending located at 127 Main Street South, Leo's Grill and Malt Shop. The applicant has been operating the proposed food vending in some capacity since 2020, and has been operating "Gloria's To Go" since 2021. Due to a change in Code, the applicant is now required to obtain an Interim Use Permit. Staff recommends approval with five conditions. Chairman Dybvig opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hoffman, seconded by Councilmember Odebrecht, to recommend that the City Council adopt a Resolution Approving an Interim Use Permit for the Placement of a Seasonal Food Vending Trailer at 127 Main Street South (Leo's Grill & Malt Shop) (Case No. CD2024-021). All in favor. Page 3 of 10 Planning Commission May 22, 2024 Case No. CD2024-004: Zoning Amendment, Planned Unit Development Amendment, Conditional Use Permit and Site Plan Review for Washington County Emergency Housing Services Building Mr. Gladhill explained that the City has received multiple applications regarding the Washington County Emergency Housing Services Building (EHSB). The proposal is for a 30 Unit Medium Density Residential Building. Zoning approvals necessary for this project include: Zoning Map Amendment and Lot Line Adjustment (for one small `infill 'parcel); Conditional Use Permit (for the overall use); Planned Unit Development Amendment (to amend the overall master plan for the Washington County Government Center Campus); Site Plan Review (for compliance with Zoning Code Massing Standards). The proposed building would be added to the existing campus, with shared parking facilities in addition to new parking constructed as part of this project. He added that the scope of the Planning Commission review is limited to conformance with the City's Zoning Code; discussion on the needs, merits, funding and operation of this proposed use is outside the scope of the Planning Commission's review. Staff recommends approval of the zoning requests. Kristen Scobie, Assistant Director of Community Development with the Washington County Community Development Agency, offered to answer questions. Councilmember Odebrecht asked what was the Washington County reaction to the conditions requested by the City of Oak Park Heights. Ms. Scobie answered that the County finds the conditions are reasonable and consistent with expectations for parking access and utility access. Regarding the suggested condition on the number of beds, the proposal is for 30 sleeping rooms which meets the anticipated need; Washington County does not anticipate adding beds in the future. Councilmember Odebrecht asked Mr. Gladhill to confirm that the proposed conditions covering parking, the review of an Oak Park Heights engineer for utilities, and future expansion are redundant to the City of Stillwater's normal process. Mr. Gladhill said yes, current code has a provision that if an expansion is minor enough it can be approved at the staff level. If the City of Stillwater wishes to require that any expansion require a public hearing, it can be put in as a condition. Staff recommends following the standard process, allowing minor expansions to be approved by staff. Chairman Dybvig opened the public hearing. Gretchen Rugg, 15143 Upper 61st St directly east of the Government Center, voiced concern that there is not a gate or fence between the neighborhood and the business to provide a boundary for the residents. Renae Oswald Anderson, 7789 Manning Ave N, provided statistics on the need for homeless housing in Washington County and urged the Commission to support the CUP. Eliza Chlebeck, Vice Chair of Valley Outreach and VP of Communications and Community for Andersen Corporation and a Stillwater resident, spoke in support of the project. Diane Berlin, a resident of St. Croix Villa townhouses directly behind the site, said 25 of the 30 Villa residents are seniors; they are scared because they will have no protection from EHSB residents coming into their area out of curiosity. They need a fence. They also are very concerned about property values. Katherine Noble, 6120 Oxboro Ave N, Oak Park Heights apartments, said she uses the footpaths around the campus and has no problem with the proposal. She does not think it will Page 4 of 10 Planning Commission May 22, 2024 make a huge impact in the neighborhood; she looks forward to welcoming people who need housing. Blake Van Denburgh, 15169 64th St N, Oak Park Heights, also part of the Oak Park Heights Planning Commission, said he is concerned about the traffic study released today showing a 24% increase in traffic on Oxboro and 11% increase on 62nd St. There are small children in these communities and the increased traffic flow will cause an impact. He also is concerned about wetlands and would like the Department of Natural Resources (DNR) to review the proposal for potential problems. He also is concerned about setbacks, which theoretically meet Stillwater regulations but should be re-evaluated because Highway 36 is down a steeply sloped hill. He shared concern about population changes and people walking around the neighborhood. He said all but one person who lives in a 5-mile radius of the site has said they don't want it. He does not support the proposal and feels it needs more evaluation by the City. Jeff Anderson, 932 4th Ave S, said he is in favor of the project and respects the work done by the City, County and staff to ensure all requirements are met. Chairman Dybvig asked Mr. Gladhill to respond to questions raised during the public hearing. Mr. Gladhill said he doesn't believe that a gate or physical barrier is planned to close off the trail. The proposal meets stormwater and wetland requirements and the Middle St. Croix Watershed Management Organization did a robust review of the stormwater pond and the steep slopes that go down to Highway 36. The project meets steep slope setbacks and does not require DNR approval or any further wetland review. Denise Thompson, St. Croix Villa, echoed Ms. Rugg's concern about boundaries. She stated at an earlier meeting, she was assured that there would be a perimeter boundary. Ms. Scobie stated at this point they don't intend to make a connection to the existing trail running along the east side and do not intend to extend that to the west to connect with other portions of the trail along the Government Center. There will be perimeter fencing encompassing the entire north section of the parcel, which is green space, and extending to the south with an emergency egress per law. The very steep slope would make it difficult for people to make their way down to the trail. Councilmember Odebrecht pointed out the close proximity of the sheriff's office, and said he does not know how to put this facility any closer to police. Chairman Dybvig closed the public hearing. He noted that his wife submitted a letter of support from Valley Outreach, but they have not had any substantive discussion and have no financial interest. Therefore he does not feel obligated to recuse himself from the deliberation. Motion by Councilmember Odebrecht to recommend that the Stillwater City Council approve the Zoning Ordinance Amendment, the Planned Unit Development Amendment, the Consolidation of Parcels, the Conditional Use Permit for a Residential Use, and the Site Plan to Facilitate an Emergency Housing Services Building at 14949 62nd St N (Washington County Government Center), with one of the Oak Park Heights -recommended conditions modified: he does not feel it is the City's position to dictate staffing (24/7), and believes that a staffing plan deemed adequate by the City is enough at this point. Mr. Gladhill said City staff would support removal of that condition if desired. Councilmember Odebrecht changed his motion and moved to approve with the two Stillwater staff -recommended conditions but without any of the four Oak Park Heights -recommended Page 5 of 10 Planning Commission May 22, 2024 conditions, as he feels they are redundant. Commissioner Steinwall seconded the motion with Councilmember Odebrecht's friendly amendment. Mr. Gladhill pointed out that the first of two readings for the zoning map amendment for the infill parcel annexed in 2019 will be held by the City Council on June 4; it will not be full project review nor approval. The final action to be considered by the Council is expected to be June 18. Councilmember Odebrecht commented that he has a loved one who has needed the support of his community; a community can be judged best by how they treat the least. Commissioner North echoed the comment, adding that he appreciates some of the conditions suggested but he agrees that they don't fall under purview of the Planning Commission. All in favor. Case No. CD2024-017: Variance to Maximum Lot Coverage for Proposed Deck at 3060 White Pine Way Planning Manager Molasky stated that applicants Samuel and Allison Berndt are seeking a Variance for construction of a deck that would increase the lot's total impervious surface over the allowed 25%. The project site is a 12,305 square foot residential lot which contains a two- story single-family dwelling and an attached garage built in 2011. The home has a back doorway leading to nowhere, indicating a future deck was part of the final construction plans. The proposed 544 square foot deck would be located behind the house; it would increase the lot coverage to approximately 29.6% (3,642 square feet) necessitating a variance. At the time of construction a deck was not considered impervious surface coverage and would not have needed a variance. Based on the plight outlined by the landowner that their home was built to accommodate a deck but they cannot build due to a change in impervious surface interpretation, staff believes this satisfies the required practical difficulty requirements. Letters of support were received from two neighbors. Staff recommends approval of this request. Allison Berndt, applicant, added that without a deck, the rear door would not be useable for escape in the event of a fire. 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 adopt Resolution 2024-PC 2024-02, Resolution Approving a Variance Request to Exceed the Maximum Allowable Structural Impervious Surface of 25% at 3060 White Pine Way (Case Number CD2024-017). Commissioner Cox asked for clarification on requirements, noting two different coverage percentages of 50% and 25% in the staff report. Ms. Molasky explained the shoreland management overlay district restricts coverage to 25% while the entire Millbrook development carried a 50% threshold; the entire development is not within the shoreland management overlay district. All in favor. Case No. CD2024-016: Conditional Use Permit for Indoor Commercial Recreation (Fitness Center) in the Central Business District at 107 Chestnut St E (Historic Armory Building Mr. Gutknecht explained that the owner requests a Conditional Use Permit for Indoor Commercial Recreation for a proposed tenant to operate a fitness center in the basement level. There are no exterior modifications or expansion planned. Staff recommends approval. Page 6 of 10 Planning Commission May 22, 2024 Commissioner Steinwall asked if the Commission should be concerned about parking, and Mr. Gladhill answered no. The downtown parking system has evolved and the City has moved away from the old way of doing parking mitigation with fees. The City does not put the parking burden on existing buildings any longer. Parking here is considered compliant because it is in the downtown district. There is some parking on the east side of the building and an enclosed parking garage nearby. Matthew Wolf, one of owners and part of the group that purchased the property in 2018, explained that when it was redeveloped, a parking study was done looking at availability of parking in the area. The resident parking is self contained on site. At that time the need was deemed to be 45.33 spaces as determined by City's code. Currently the office tenant is using about 15 of that capacity and the rest of the parking is not used. 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 adopt a Resolution Approving a Conditional Use Permit for Indoor Commercial Recreation located at 107 Chestnut Street East (Case No. CD2024-016). All in favor. Case No. CD2024-018: Variance to Front Yard Setback to Facilitate Accessibility Improvements at 522 4th St S Planning Manager Molasky explained that applicant Wally Nelson on behalf of Simonet Building LLC is seeking a Variance to the front yard setback to permit the construction of a vestibule and accessible entrance on Walnut Street West. The project also includes a general renovation of the exterior of the building, including new roof, siding, windows, doors, and faux stone. This was approved by the Heritage Preservation Commission on May 15, 2024. Staff recommends approval. Wally Nelson, applicant, said the project will update a building that was built in the 50s and provides office space for several users. An ADA compliant bathroom was previously added but it would be impossible to get inside the building with a wheelchair. Chairman Dybvig opened the public hearing. There were no public comments and the public hearing was closed. Motion by Commissioner Cox, seconded by Councilmember Odebrecht, to adopt Resolution PC 2024-03, Resolution Approving a Variance Request to Build in Front Yard Setback at 522 4th Street South (Case Number CD2024-018). All in favor. Case No. CD2024-019: Variance to Maximum Lot Coverage for Proposed Deck at 3480 87th St N Planning Manager Molasky stated that applicant Richard L. Beard Sr. is seeking a Variance to exceed the 35% allowed impervious surface coverage and permit the construction of an approximately 128 square foot deck. The project site is a 9,152 square foot residential lot which contains a single -story single-family dwelling and an attached garage built in 2020. The home was built with a door to a small stairway leading to the backyard. The addition of the deck would increase the lot coverage to approximately 36% (3,319 square feet), an increase of approximately 1%. Based on the plight outlined by the landowner that they would like to have a deck that their home cannot accommodate, based on impervious surface requirements, staff believes this does not satisfy the required practical difficulty requirements and recommends denial. Page 7 of 10 Planning Commission May 22, 2024 Richard Beard Sr., applicant, stated his crippled knee makes stairs difficult and the request will allow him to barbecue at his home. He bought the home because it is single story. He learned of the 35% lot coverage limit for the first time when his first building permit was rejected by the City. In response, his architect revised the design to comply with the requirement but he was not advised to have a smaller home footprint to allow for a future deck. He stated that Ms. Molasky conveyed to him that staff ultimately finds the request reasonable. He believes the new deck will not alter the character of the neighborhood and will enhance the property. He shared that a variance was approved for his neighbor at 3490 whose lot is smaller than his. Chairman Dybvig opened the public hearing. Bruce Batchelor, 3484 87th St N next door, spoke in support of the proposal. Edward Otis, 12070 87th St Cir N spoke in support of the request. He provided aerial views of the other properties and read a letter explaining the history of development of the neighborhood. He questioned the strict application of the impervious surface coverage requirement, citing statute and past practice involving other variances that have been granted. He suggested viewing decks as mini parks on private property, toward satisfying park dedication requirements. Mr. Beard pointed out that Ms. Molasky had provided two resolutions to the Commission, one of denial and one of approval. Richard Beard Jr., 3358 Pioneer Place, urged the Commission to grant the variance and shared how his father greatly enjoys his backyard which is accessed by 3-4 steps leading to a ledger board. He said the steps have settled and are beginning to slant causing a safety concern. Chair Dybvig closed the public hearing. Councilmember Odebrecht stated that the deck being 2 1/2 feet above the ground precludes the possibility of creating a usable impervious surface below it. Motion by Councilmember Odebrecht, seconded by Commissioner Cox, to adopt Resolution PC 2024-04, Resolution Approving a Variance Request to Exceed the Maximum Allowable Structural Impervious Surface of 35% at 3480 87th Street North (Case Number CD2024-019), with the condition that the applicant agree to not put an impervious surface underneath but instead use rock, mulch, or anything that water can flow through. All in favor. Case No. CD2024-020: Variance to Maximum Lot Coverage for Proposed Pool at 3085 Lowell Ct Planning Manager Molasky stated that applicant Ground FX Lawn and Landscaping is seeking a Variance for construction of an approximately 840 square foot pool in the backyard of 3085 Lowell Court. The proposal involves removing the current 375 square foot concrete patio and repurposing that space for a portion of the pool and deck. The addition of the proposed pool and decking, with the removal of the current concrete patio, would increase the lot coverage to approximately 49.6% (3,655 square feet), an increase of approximately 9.6%. The applicant designed a drain tile system to direct stormwater runoff from the front of the property though the system to mitigate a portion of the additional impervious surface. The project site is a 7,907 square foot residential lot which contains a two-story single-family dwelling and an attached garage built in 2012. The property is part of Millbrook 5th addition. Impervious surface was calculated at 50% for the entire development and coordinated with the watershed districts, primarily with Brown's Creek Watershed. This property is in the Carnelian -Marine -St. Croix Watershed District. Staff cannot locate records indicating a superseding lot coverage agreement, and as-builts show nearly all homes at the 25% impervious surface allowance. Staff Page 8 of 10 Planning Commission May 22, 2024 acknowledges that since the time of this development there has been a change in impervious surface interpretation that now includes decks as part of impervious surface calculations, when they were not at the time of this development. Staff also acknowledges that there are two instances of pools being approved in this development that put their respective lot coverage over the 25% allowed in Lake Shoreland Management Districts. Three letters of support were received from neighbors. Staff believes the request does not satisfy the required practical difficulty requirements and recommends denial of this request. Tom Opitz, 3085 Lowell Court, applicant, said the house is currently at 25% impervious surface without any deck/patio. In Millbrook about 50% of homes have an overage of impervious surface. When they bought the home in 2018 a pool was always in their plans and they did not know of any restrictions. They were provided with permits for the deck that the previous homeowner had built; they then added stairs with a permit, and at that time they were not made aware of this requirement. He believes this satisfies the practical difficulties test. There are various cases within the neighborhood that exceed 25% specifically with pools. The placement of a pool with their mitigation plan will improve the situation over what it is today. Chairman Dybvig opened the public hearing Ryan Zwonitzer, Ground FX Lawn & Landscape, Inc. said he finds Stillwater's requirement unique in that there are no credits for installation of water mitigation such as permeable pavers. Other cities allow those actions to be credited against limits. Chairman Dybvig closed the public hearing. Motion by Commissioner Cox, seconded by Chairman Dybvig, to adopt Resolution PC 2024-05, Resolution Denying a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3085 Lowell Court (Case Number CD2024-020). Motion passed 6-1 with Councilmember Odebrecht voting nay. Mr. Gladhill stated the applicant may appeal the decision to the City Clerk within 10 days. NEW BUSINESS Zoning Code and Subdivision Code Amendment Work Plan. Framework, and Zoning Map/District Direction Mr. Gladhill stated that the Council was supportive of the zoning maps and districts previously reviewed. On June 4 staff will present the consolidated zoning districts to the City Council and then to the Planning Commission in July, with feedback from the Council regarding use tables and standards. DISCUSSION There were no discussion items. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Chairman Dybvig adjourned the meeting at 9:11 p.m. Zit V/X� Joh ybvig, Chair Page 9 of 10 Planning Commission May 22, 2024 ATTEST: � Tim Gladhill, Community Development Director Resolution PC 2024-02, Resolution Approving a Variance Request to Exceed the Maximum Allowable Structural Impervious Surface of 25% at 3060 White Pine Way (Case Number CD2024-017) Resolution PC 2024-03, Resolution Approving a Variance Request to Build in Front Yard Setback at 522 4th Street South (Case Number CD2024-018) Resolution PC 2024-04, Resolution Approving a Variance Request to Exceed the Maximum Allowable Structural Impervious Surface of 35% at 3480 87th Street North (Case Number CD2024-019) Resolution PC 2024-05, Resolution Denying a Variance Request to Exceed the Maximum Allowable Impervious Surface of 25% at 3085 Lowell Court (Case Number CD2024- 020) Page 10 of 10