Loading...
HomeMy WebLinkAbout1999-03-08 CPC MIN0 Planning Commission March 8, 1999 Present: Jerry Fontaine, chairperson Russ Hultman, Holly Owen, John Rheinberger, Tom Weidner and Terry Zoller Others: Community Development Director Steve Russell Absent: Glenna Bealka, Don Valsvik and Darwin Wald Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Rheinberger, seconded by Ms. Owen, moved approval of the minutes of Feb. 8, 1999; all in favor. Case No. SUB/99-6 A minor subdivision of Lots 9 and 10, Block 17, Holcombe's 2°d Addition, subdividing one 15,000 square foot lot into two single-family lots (50' x 150') at 711 S. Greeley St. in the RB, Two-Family Residential District. Kenneth Gervais, K & T No. St. Paul Investments, LLC, applicant. Mr. Gervais was present. He stated he will be able to meet all setbacks, and no variance is needed. Mark Gieseke, 701 S. Greeley, expressed his concern that a new home will change the character of the neighborhood. He also stated the house will look "squeezed in" on the lot. Mr. Hultman asked about access. Mr. Gervais said he is dealing with a neighboring property owner in an effort to obtain an easement, but will have a driveway if necessary. Mr. Zoller noted that as long as the request meets the ordinance requirements and no variance is needed, the Commission has no alternative but to approve the request. Mr. Rheinberger, seconded by Mr. Zoller, moved approval as conditioned; all in favor. Case No. V/99-7 A variance to the sign ordinance for an internally illuminated monument sign, 5' x 6', at 6750 Stillwater Blvd., in the CA, General Commercial District. Jim Palmer, ReMax, applicant. Mr. Palmer was present. He said the requested variance is consistent with other signs, such as the adjacent Amoco and KinderCare signs, along Highway 5. Mr. Rheinberger, seconded by Mr. Zoller, moved approval as conditioned. Motion passed 5-1, with Mr. Weidner voting no. Case No. SV/99-10 A street vacation request for the east 30' x 150' of North First Street from . Willow to Poplar Street. John M. Schoenecker, applicant. 1 Planning Commission March 8, 1999 Mr. Schoenecker was presented. He stated the request is to enable the construction of a garage. He said he has done extensive remodeling to his house, contributing to the revitalizing the neighborhood, and he would like to be able to complete the upgrading of the house with the construction of a garage; he showed photos of the work that has been done. Mr. Fontaine referred to the staff comments regarding the construction moratorium on the North Hill. Mr. Schoenecker said it could be many years before the City does anything in the area, and he would like to have a garage before then. Mr. Russell stated the concern is that the city not be in the position of having to purchase easements at some point in the future. Mr. Fontaine asked Mr. Schoenecker if there were any other options for building a garage. Mr. Schoenecker said he owns the lot in back of his house, but putting a garage in that location is complicated by a ravine, and it would be much more costly to construct. Speaking in opposition were Virgil Plattner, 1813 N. Second St. and Joe Radunz, 1818 N. First St. Mr. Radunz also provided a letter from Harold Fischer, 308 E. Poplar, stating his opposition. Mr. Rheinberger, seconded by Mr. Weidner, moved to deny the request; all in favor. Mr. Zoller . suggested the possibility of the applicant working with the city engineer in an effort to find some solution. Case No. SUB/99-11 A minor subdivision for subdividing a 9.10 acre lot into two lots of about 7.6 and 1.5 acres at 13147 McKusick Road in the RA, Single Family Residential District. Beltram VanTassel, applicant. Mr. VanTassel was present. There was some question as to the location of a road and lot lines. Mr. Russell noted that providing a certified survey is a condition of approval. Mr. Rheinberger, seconded by Mr. Hultman, moved approval as conditioned; motion passed unanimously. Case No. V/SUP/99-12 A variance and special use permit for a 2,015 square foot restaurant with 12 shared parking spaces (21 required) at 324 S. Main St. in the CBD, Central Business District. C.M. Architecture, representing Starbucks Coffee Company The applicant was not present. A correction to the square footage as indicated on the meeting agenda was noted. It also was noted that the only variance requested is for parking. Mr. Zoller, seconded by Mr. Rheinberger, moved approval as conditioned; all in favor. Case No. CPA/99-1 Comarehensive Plan Amendment Case No. ZAM/99-1 Zoning Map Amendment Case No. PUD/99-8 Planned Unit Development Case No. SUB/99-9 Subdivision 2 • Planning Commission March 8, 1999 11 All the cases related to a request for a 142 unit townhome development and 4.8 acre park on 28 acres of a portion of the Bergmann Property east of County Road 15 and north of 62n Street, Pemton Land Company, applicant. The cases were considered together. Mr. Russell briefly reviewed the project. He stated Washington County has a concern regarding access from County Road 15 which might move the access farther north to the Gadient property; however, that issue can't be addressed until the Gadient property is developed, he said. In the interim, the major access to the development will be from 62nd Street. Mr. Russell noted the preliminary plans have been reviewed by the Open Space Committee, Park and Recreation Board and the Joint Board, as well as the Planning Commission. According to the terms of the orderly annexation agreement, the proposal requires approval by the Joint Board and City Council; once the developer has those approvals, the owner can petition for annexation. Ed Hasek of Westwood Professional Services, representing Pemton, briefly reviewed the development plans, noting the plans have changed little from the concept plan presented earlier. Sandy Williams of Ryland Homes provided drawings of model homes. The main point of discussion centered on parking surrounding the park, and the use of the park - neighborhood vs. community-wide. Nancy Brown, member of the Park and Recreation Board, • stated the Park Board is trying to get away from "tot lots" and "pocket parks" and require developers to dedicate areas large enough to support activities such as baseball. David Johnson, Stillwater Township and member of the Joint Board, spoke of the shortage of playing fields and strongly urged the Planning Commission to endorse the park as one to serve the Stillwater area, rather than just the adjacent neighborhood. Mr. Rheinberger, seconded by Mr. Hultman, moved approval of Case No. CPA/99-1, changing the land use designation from single family large and small lot (2-4 du/acre) to attached single family (6 du/acre); motion passed unanimously. Mr. Zoller, seconded by Mr. Rheinberger, moved approval of ZAM/99-1, changing the zoning from AP (Agriculture Preservation) to TH (Townhouse); motion passed unanimously. In considering approval of Case No. PUD/99-9, Planned Unit Development, Mr. Zoller suggested directing staff to look at the issue of parking for park users. After a brief discussion, Mr. Zoller, seconded by Mr. Rheinberger, moved approval of the PUD as conditioned, with the additional condition that 25 parking spaces be provided for the park; motion passed unanimously. Mr. Rheinberger, seconded by Mr. Zoller, moved approval of Case No. SUB/99-9, subdivision of the property; motion passed unanimously. Case No. ZAT/994 Zoning Ordinance Text Amendment regarding adult entertainment business in Commercial Districts. City of Stillwater, applicant. • 3 . Planning Commission March 8, 1999 City Attorney David Magnuson was present for this discussion. Mr. Russell noted that based on the previous discussion at the Planning Commission, adult entertainment uses would be allowed with a special use permit in the Business Park Commercial District. Mr. Weidner referred to the setback from parks and asked whether the Recreation Center would be considered a park use, and whether the School District administration office on Greeley Street might be considered a school use. Mr. Magnuson, and other Commission members, agreed that the Rec Center should be considered park use; language to that effect will be added to the Ordinance definitions. Mr. Zoller asked that language be added that an adult entertainment business cannot be located adjacent to an establishment that sells liquor. Mr. Fontaine questioned whether the proposed 500 foot setback from residential structures is sufficient. There was discussion as to whether increasing the setback to 1,000 might be too restrictive and effectively prohibit any adult entertainment uses, thereby making the ordinance unconstitutional. John Baer, member of the Open Space Committee, suggesting doing some GIS modeling to determine the number of available sites based on the 500 and 1,000 foot setbacks. Mr. Magnuson said he thought the Ordinance should come back to the Planning Commission, and he suggested having Mr. Russell do some GIS modeling to consider the 1,000 foot setback. • Mr. Zoller, seconded by Mr. Rheinberger, moved to continue consideration of the Ordinance to the April Planning Commission meeting; all in favor. Case No. ZAT/99-2 A Zoning Ordinance Text amendment modifying the accessory units/structure in Traditional Residential (TR) District. This case was continued to the April meeting. Prior to the start of the regular agenda, Robert and Paula Kroening, Neuman Realty, expressed a concern about the possible impact on the residential character of the neighborhoods. Case No. ZAT/99-1 A Zoning Ordinance Text amendment establishing tree protection regulations requiring licensing of commercial tree trimmers, protecting significant and heritage trees, establishing tree replacement or payment for removal of trees. City of Stillwater applicant. Forester Kathy Widin reviewed changes to the amendment made to address concerns expressed in the February meeting discussion. Mr. Fontaine asked about the issued raised in Don McKenzie's letter opposing the proposal. City Attorney Magnuson noted that 10 acres is not a small parcel. He also noted that developers will add the cost of tree replacement to the cost of lots, and he said the proposal had been reviewed by the Liberty on the Lake and Legends of Stillwater developers, both of whom said the ordinance was something they could live with. Mr. Rheinberger expressed his opinion that the ordinance will not make any difference 20 years into the future. Mr. Zoller noted the city is responding to a call for a tree protection ordinance by city residents. Mr. Zoller raised the question of whether a potential developer could get around 0 4 Planning Commission March 8, 1999 the ordinance by clear cutting a parcel prior to development. Mr. Magnuson said a definition of clear cutting could be added to the ordinance language. Mr. Fontaine asked about the appeal process. Mr. Russell explained an appeal would be made to the tree administrator who would consider the issues with input from the forester. The person making an appeal would go to the Planning Commission and City Council if not in agreement with the decision of the tree administrator (Mr. Russell). Speaking on behalf of the proposal were members of the forestry task force, Nancy Brown, Leah Peterson, Angela Anderson and John Baer. Mr. Rheinberger moved to deny the proposed amendment; motion died for lack of a second. Mr. Zoller, seconded by Ms. Owen, moved to approve the amendment, with Mr. Magnuson and Ms. Widin to work on language to incorporate the definition of clear cutting in the ordinance. Motion passed 5-1, with Mr. Rheinberger voting no. Case No. ZAT/99-3 A Zoning Ordinance Text amendment requiring special building setbacks for arterial, collectors and railroad tracts. City of Stillwater applicant. is Mr. Rheinberger, seconded by Mr. Hultman, moved to approve the amendment as proposed; motion passed unanimously. Other business: There was a brief discussion regarding Mr. Fontaine's memo dealing with procedure guidelines. In the discussion, the proposed Charter amendment dealing with Conflict of Interest was raised. Mr. Russell advised that if a member has any questions about a possible conflict, the member should contact City Attorney Magnuson. The recording secretary left at 10:10 p.m. Respectfully submitted, Sharon Baker Recording Secretary 0 5