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HomeMy WebLinkAbout2007-04-09 CPC MIN• City of Stillwater Planning Commission April 9, 2007 Present: Dave Middleton, Chairperson, Suzanne Block, Gregg Carlsen, Mike Dahlquist, Dan Kalmon, Brad Meinke, Wally Milbrandt, and Charles Wolden Staff present: Planner Mike Pogge Absent: David Peroceschi Mr. Middleton called the meeting to order at 7 p.m. Approval of minutes: Mr. Carlsen, seconded by Ms. Block, moved approval of the minutes of March 12, 2007. Motion passed unanimously. PUBLIC HEARINGS Case No. 07-16 Request for a special use permit to locate wireless antennas on an existing communications monopole with the necessary group appurtenances at 1754 Washington Ave. in the BP-I, Business Park Industrial, District, and any variances related thereto. Verizon Wireless, Jake Soper, applicant. The applicant was present. Mr. Pogge reviewed the request. It was noted that the Commission had previously reviewed and approved this request. However, since the applicant did not begin construction within two years of the issuance of the permit, the permit expired on Dec. 13, 2006. Ms. Block asked why the Verizon equipment shelter is so much larger than T-Mobile's. Mr. Soper explained that Verizon's includes an enclosed generator, which T-Mobile's does not. Mr. Soper also stated the size of the shelter is designed to accommodate changing technology and equipment. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Milbrandt recused himself from this case, due to his employment with Qwest Communications; although there is no conflict of interest, he stated he felt there was no need for him to participate in this case. Mr. Middleton noted this is exactly the same request approved by the Commission two years ago. Mr. Wolden moved approval as conditioned. Mr. Dahlquist seconded the motion. Motion passed unanimously, with Mr. Milbrandt abstaining. Case No. 07-17 A request for a variance for front yard setback for construction of an 8' x 10' wooden stoop at 1031 W. Abbott St. in the RA, Single Family Residential District, and any variances related thereto. Jeanne and Mike Lyner, applicant. Mr. Pogge reviewed the request, noting the request involves two variances - a variance for the expansion of a non-conforming structure as the Lyner house currently does not meet the required front yard setback and one for the new stoop. Mr. Pogge noted that due to the curvature of the road in the area, the new stoop will actually be about 46' from the paved roadway, which is very similar to other properties in the RA District. Mr. Pogge said in evaluating the request, staff believes the applicant has satisfied all of the requirements for the granting of the variance(s) and approval is recommended. Ms. Block asked how much closer the road could be to the structure should the City ever decide to reconstruct the road within the actual • right-of-way. Mr. Pogge said in that event, the road cold be about 10' closer to the structure. Mr. • City of Stillwater Planning Commission April 9, 2007 Milbrandt pointed out that there is existing curb on the street, and the likelihood of tearing out the curb and redesigning the roadway is not very great. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Dahlquist pointed out a variance would be required even in the applicant were just replacing the front step, and said he had no issue with granting the request. Mr. Dahlquist moved approval. Mr. Carlsen seconded the motion; motion passed unanimously. Case No. 07-18 Final PUD and final subdivision of Outlot A, Liberty Village 3rd Addition, and special use permit for a veterinary clinic located in the southeast corner of County Road 12 and County Road 15 in the VC, Village Commercial District, and any variances related thereto. Contractor Property Development Co., David Hempel, and Krech O'Brien Mueller & Associates, Dan O'Brien, applicants. Mr. Pogge reviewed the request. It was noted that this project involves three requests, final plat replatting Outlot A of Liberty Village 3rd Addition into Liberty Village 4`h Addition; approval of final PUD plans for Lot 1, Block 1, Liberty Village 4th Addition; and approval of a special use permit for a veterinary hospital on Lot 1, Block 1 of Liberty Village 4th Addition. Mr. Pogge reviewed building height, lot size and width and setback requirements for the PUD/Village Commercial area, all of which are met by the proposal. Regarding building design, Mr. Pogge • noted the proposed building features a modified cross gable roof, which is the preferred roof type in the development, and is prairie craftsman style architecture, a style seen throughout the residential area of the Liberty development. Mr. Pogge stated the City's Heritage Preservation Commission had reviewed and approved of the design plans at its April 5 meeting. The Liberty on the Lake Architectural Review Committee reviewed and approved plans on March 23. Regarding the special use permit, Mr. Pogge noted that all uses within the Village Commercial District are allowed only with a special use permit. While a veterinary clinic/animal hospital is not specifically listed as an allowed use, medical and dental offices are uses allowed with a SUP. The staff report also highlighted issues related to outdoor use and restrictive covenants. Mr. Kalmon asked about other businesses/uses in the area. Mr. Pogge reviewed the site and existing business locations. Mr. Wolden asked about the proposed replatting, and the possible future expansion. Mr. Pogge noted that any future expansion was not part of this approval and would have to come back before the Commission. Mr. Carlsen asked if plans had been reviewed/approved by the Liberty development association. Mr. Pogge pointed out there are several associations for the development. The association for the commercial area did review and approve the plans with several conditions, Mr. Pogge stated. David Hempel, CPDC, Dan O'Brien, Krech O'Brien Mueller & Associates, and Dr. Ginger Garlie were present. Mr. Hempel reviewed the history of the Liberty development and the Village Commercial area. Mr. Hempel explained that CPDC is fee-holder of the retail area and remaining vacant lots and Newman Realty has no power to require architectural design as suggested in a letter to Commission members. Mr. Hempel also stated CPDC does not need Newman Realty approval for site plan consideration - the architectural review committee • reviews and approves all site plans. Mr. Hempel stated the developer believes the plans under consideration meet the intent and spirit of the Liberty architectural guidelines. He suggested a • City of Stillwater Planning Commission April 9, 2007 veterinary clinic is a very neighborhood-oriented use and permitted under the Village Commercial Zoning as a professional/medical office that performs services for the neighborhood and surrounding area. Mr. Hempel also noted the use will general traffic that will support other neighboring retail uses as well. Mr. Hempel also spoke briefly of the inconsistency of the restrictive covenants, which prohibit the boarding and keeping of animals but not the operation of a pet store. He noted this site had been marketed for a number of years as a restaurant site. However, due to traffic projections for lunch business, all potential buyers have backed out. He said they will continue to market the remaining site for a restaurant use. Dr. Garlie reviewed her professional background. She noted that 65 percent of households nationwide have pets and a community like Liberty is probably higher than that, so her business could be serving 70 percent of the residents of Liberty and the surrounding Stillwater community. She noted her business primarily takes care of dogs and cats, so there won't be any horse trailers pulling up. She briefly listed the types of services provided, and noted the business is a high-tech medical facility for pets with high standards. She stated the business is not a boarding facility, and animals do not stay overnight, with the exception of cats after de- clawing. If the animal does require hospital stay, it goes to a facility in Oakdale. She described the outdoor exercise area, odor, waste and noise control measures that are planned. Mr. Middleton asked about the size of the current facility and number of patients served on a daily basis and whether the expectation is that the number of patients will double with this larger facility. Mr. Middleton said he thought a concern would be with people walking their animals • outside while waiting for appointments and cleanup of waste. Dr. Garlie explained their plans to deal with that concern - providing receptacles and having staff clean up the immediate area and directing folks to green space on site where they would prefer the animals to be walked. Dan O'Brien, architect, talked of the design and the intent to have the building pedestrian - oriented, an attractive building reminiscent of the New England style. He stated in looking at design requirements, they looked at the gas station, the federal-style of the two-story retail stores, as well as the residential area of the development. He said they looked at colors, roof pitch, dormers, and materials. Mr. Middleton opened the public hearing. Todd Remely, president of the Liberty on the Lake Master Board of Directors, 3654 Tending Green, stated there are a number of concerns regarding the proposal, specifically the proposed use and the architecture of the building. He referred to a letter from the homeowners association that was delivered to Commission members the day of the meeting. The letter cited a concern about the project's inconsistencies with the neighborhood's ordinances, the PUD and current zoning. He stated that area was zoned for convenience stores and personal services such as barbershops. What is being proposed, he said, is a large commercial business - a hospital. And, he said the association doesn't believe a hospital fits within the character of that particular part of the neighborhood. He suggested that it certainly is not consistent with the spirit of the ordinances/PUD/zoning. Regarding the appropriateness of land use, the association's position is that the land was designed by the developers for convenience stores and personal services, and the association does not believe than an animal hospital represents personal services. • Regarding building design as it relates to New England architecture, the association does not feel the proposed building design fits with the character of the Village/Commercial area, he • City of Stillwater Planning Commission April 9, 2007 stated. Mr. Remely said each of the buildings in the commercial corner was painstakingly designed with New England architecture. While this proposed building may be consistent with some of the homes, he said, there is very specific language in the agreement between the developer and original landowner, Newman Realty, which specifies that the commercial area must be occupied by buildings that are consistent with the New England architecture. He also said the proposal goes against the spirit of the various retail covenants which list uses in the commercial center as convenience stores and personal services, not a hospital or clinic. Mr. Remely stated that none of the architectural review committees which represent the residents have reviewed or approved the project. He reiterated that he had personally seen the agreement between the developer and original landowner which specifically states the original landowners have to approve the design and be involved in the design process and also specifically states the commercial center buildings must be New England style architecture. He concluded the proposal does not fit the character of the neighborhood. The resident of 148 Liberty Court Way, chair of the Pine Hollow architectural review committee, suggested that a veterinary hospital would be a minus for the existing small businesses in the commercial center and asked the Commission to deny the proposal. Ms. Johnson, 229 Rutherford Road, spoke in favor of the proposal, stating that Dr. Garlie provides high quality, progressive care for small animals. She said she thought it would be an • asset to provide veterinary care for residents' animals. She suggested that those who question cleanliness, smell or noise should visit Dr. Garlie's existing facility where they can observe the cleanliness and lack of noise and odor. Ms. Johnson also said she thought the architecture of the proposed business would fit in nicely with the area. Robert Kroening, 213 Pine Hollow Green, showed photos of various buildings in the area that are representative of the New England architecture. He referenced the agreement between the developer and Newman Realty, original owner of the property, which requires the New England style architecture. He also pointed out that the architectural review board that approved these plans has been taken over entirely by the developer and has not gone before the other owners. He said Newman Realty requests that the Commission deny this proposal, as it does not fit the intent of the commercial/retail center -- to provide personal services. The resident of 1031 W. Abbott St. questioned the placement of New England architecture in the middle of Minnesota. He pointed out there are few houses in the Liberty development that are New England style. He also suggested the proposed use is a destination type business that will benefit the area. Todd Remely reiterated the New England architecture for the commercial center is a contractual agreement between the developer and the original property owners. He noted residents expended considerable resources to construct a gazebo of New England style in the City-owned park that centers the retail area. He also pointed out the bank, gas station and deli are all of New England architecture, at considerable expense to the owners, and said he thought it would be unfair to those business owners to approve this building. • Robert Kroening pointed out that reason for the New England architecture is based on the history of the Rutherford neighborhood, which was inhabited by New England settlers. City of Stillwater Planning Commission April 9, 2007 Dennis Doerr, 901 W. Maple St., spoke of the need for more businesses such as Dr. Garlie's clinic. He also said this would not be a come-and-go type of business, but one that would remain for a long time. No other comments were received, and the hearing was closed. Dr. Garlie responded to several of the comments. She stated that her clinic doesn't just treat animals, it serves people and families, too - a personal service. Mr. Hempel and Mr. O'Brien responded to the issue of New England architecture. Mr. Pogge reviewed the Heritage Preservation Commission comments and vote. Mr. Middleton asked if the proposal had to go before any other review committees should the Commission approve the project. The applicant noted the commercial center architectural review committee had approved the project, with several conditions. Mr. Hempel enumerated the conditions of the architectural review committee and the finding that the proposed design of this building is a fine example of a modern interpretation of the craftsman style that can be found in New England towns. Mr. Middleton suggested the Liberty retail center needs a business at that location that is going to succeed, and pointed out that one doesn't see veterinary clinics closing their doors. Mr. Milbrandt talked about the expectation that a restaurant was going into this location, but noted this is a very successful business that wants to expand and appears to be a personal service. 40 Mr. Milbrandt said he saw no reason why the use doesn't conform and suggested it would provide some stability to a quadrant of town that needs that. Mr. Carlsen said when he has driven by the area, he doesn't notice architectural style -- he notices good architecture or bad architecture -- and said he thought this was an example of good architecture and in that respect meets the standards. Mr. Carlsen said he was a bit uneasy regarding the potential for noise and smells, but was a little more comfortable with that after hearing the presentation. Mr. Dahlquist agreed with Mr. Milbrandt's assessment of the business as a professional and personal services category and said he also puts a lot of weight in the opinion of the HPC on whether or not the building style is appropriate to that site. Mr. Dahlquist said his biggest concern was with pets coming in and owners not picking up waste and said he was comfortable that would be addressed based on Dr. Garlie's other facility. Mr. Kalmon said as far of the architectural piece goes, he would go with the recommendation of the HPC and agreed this is a service the larger community can use as well as residents of the area. Mr. Kalmon said he is concerned about the wash-down of the exercise area and suggested some type of drain system might be appropriate; he also suggested emphasizing the educational piece of directing clients to a specific area on site where pets can be relieved, rather than utilizing the park area. Mr. Kalmon also suggested specifying no outdoor kennels for any future business. Mr. Meinke agreed this is a personal service and the architecture of this building fits with the whole neighborhood scheme. Ms. Block pointed out this is a stable business with an established clientele that will benefit the existing businesses in the retail center; regarding the architecture, she said she valued the opinion of the HPC. Mr. Dahlquist moved to approve the three components of Case No. 07-18 - final plat, final PUD . site plan, and special use permit for a 6,223-square-foot veterinary hospital - with the 15 conditions of approval and three additional conditions: City of Stillwater Planning Commission April 9, 2007 * the exercise area shall include some means of composting or collecting/treating waste; * that there be education of clients regarding the pet exercise area and where to relieve their animals and that the area, including the area around the facility, be cleaned up; * and that indoor kennels as shown in the plans be the only kennels allowed. Mr. Kalmon seconded the motion. There was discussion about the mechanics of the waste treatment for the outdoor exercise area. It was consensus to direct the City engineer and community development director to work out the details of the condition regarding the collection/treatment of waste from the outdoor exercise area. Motion passed unanimously. OTHER BUSINESS Appointment to the Comprehensive Plan steering committee - Mr. Middleton noted that Mr. Kalmon previously indicated he would be interested in serving on a committee, and Mr. Peroceschi had indicated the same. Mr. Milbrandt noted that there are two separate committees - a general steering committee and downtown committee. Mr. Kalmon said he would be interested in serving on the general plan committee. Ms. Block expressed her interest in serving on the general plan committee, but said she would be willing to serve on the downtown committee. Mr. Kalmon spoke of his priorities and what he would like to bring to the committee and comprehensive planning process; he said if he could do that as a member of the Planning Commission, he would be willing to forgo committee membership. Mr. Milbrandt suggested Mr. Kalmon serve on the general plan committee and Ms. Block on the downtown committee. Ms. Block said she would be comfortable with that arrangement. Mr. Milbrandt moved his suggested 40 appointments. Mr. Dahlquist seconded the motion. Mr. Carlsen suggested that Mr. Peroceschi be first alternate should either Mr. Kalmon or Ms. Block be unable to serve at some point. Motion passed unanimously. Mr. Dahlquist asked about the opportunity for input into the process. Mr. Pogge noted a number of neighborhood meetings are scheduled and there will be lots of opportunity for input by the Planning Commission. Ms. Block, seconded by Mr. Carlsen, moved to adjourn at 9:24 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 0