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HomeMy WebLinkAbout2009-01-12 CPC MINCity of Stillwater Planning Commission January 12, 2009 Present: Dave Middleton, Chair, Suzanne Block, Mike Dahlquist, Dan Kalmon, Mike Kocon, John Malsam and Charles Wolden Staff present: Community Development Director Turnblad and Planner Pogge Absent: Robert Gag Chair Middleton called the meeting to order at 7 p.m. Approval of minutes: Mr. Wolden, seconded by Mr. Kocon, moved approval of the minutes of Dec. 8, 2008. Motion passed unanimously. PUBLIC HEARINGS Case No. 08-51 A variance to the river and bluff setback for the Bergstein and Shoddy Mill at 805 S. Main St. in the IB, Heavy Industrial District. City of Stillwater, applicant. Mr. Turnblad reviewed the history of the City's involvement in the proposed relocation of the historic mill buildings to the site of the former Aiple Towing terminal building. He explained that two variances are needed to accomplish the relocation - river and bluff setback variances. Mr. Turnblad reviewed the site plan, noting that the State Historic Preservation Office and MnDOT want to recreate the context of the two historic buildings to the extent possible and want to put them in the same orientation as they exist today. Possible uses for the buildings, he said, include public restrooms, historic interpretation activity, and perhaps vending machines, noting that the buildings will be located in proximity to the trail system that also is part of the bridge mitigation plans. He pointed out plans must be reviewed by the Department of Natural Resources and National Park Service; reports/plans have been sent to those two agencies, but responses have not been received at this time, he said. Mr. Turnblad suggested that action be tabled until comments have been received from the DNR and National Park Service. Ms. Block asked about parking. Mr. Turnblad said no parking is planned for the site, access will be by foot and bike only, as proposed, but suggested there may be some pervious parking area in the vicinity sometime in the future. Ms. Block asked for clarification of the 100-year flood mark and asked who would be responsible for flood restoration. Mr. Turnblad said the City would be responsible for flood restoration, noting the buildings will be located in the flood "fringe" not in the floodway. There were several questions regarding a possible modification in location to at least meet one of the slope setbacks; Mr. Turnblad addressed the site limitations and the advantages of the proposed location. Ms. Block asked why the buildings are being moved from Oak Park Heights to Stillwater; Mr. Turnblad spoke of the City's commitment to historic preservation and suggested the City was perhaps the only community that volunteered to provide a relocation site. Mr. Kalmon asked about the justification of the site in view of public versus private use; Mr. Turnblad spoke of the proposed open space use and the mitigation efforts and minimal impact of the use. Mr. Middleton opened the public hearing. Adam Johnstone, 1104 Third St. S., noted for the record that the pointer used during the meetings does not show up on television for home viewers. City of Stillwater Planning Commission January 12, 2009 No other comments were received, and the hearing was closed. Mr. Wolden, seconded by Mr. Kalmon, moved to table Case No. 08-51. Motion passed unanimously. Case No. 09-01 A special use permit request for an accessory dwelling unit at 1004 Sixth St. S. in the RB, Two Family Residential District. Ryan and Vanessa Mitchell, applicant. Mr. Pogge reviewed the request, conditions for accessory dwelling units, and staff findings. Mr. Wolden asked about the condition of approval regarding windows on the south side of the structure; Mr. Pogge stated that condition was made by the Heritage Preservation Commission (HPC) to address a concern by a neighboring property owner. Mr. Wolden questioned the imposition of that condition noting that this structure meets setbacks. The applicants stated their original plans did not call for any windows on the south elevation. Mr. Dahlquist noted the roofline of the new structure is not the same as the former garage in order to match the house, and that the garage door is to be two single doors as a result of HPC conditions. The applicants stated they were comfortable with the condition regarding windows and stated they have followed all setbacks and other conditions. Mr. Middleton opened the public hearing. Cynthia Kneisl, 1010 S. Sixth St., explained her concern about windows on the south elevation and also expressed concerns about privacy, noise, lack of light, and lots of activity so close to her house. No other comments were received, and the hearing was closed. Mr. Dahlquist noted the request appears to meet all the requirements for the special use permit. Mr. Middleton and Ms. Block spoke to Ms. Kneisl's concerns, suggesting the applicants' plans should actually lessen noise due to the new location of the garage. Mr. Dahlquist moved approval as conditioned, A through G, and correcting the typo in condition G. Ms. Block seconded the motion; motion passed unanimously. Case No. 09-02 Determination of a "substantially similar use" and, if found, a special use permit request for an arts-based preschool at 2000 Industrial Blvd. in the BP-I, Business Park Industrial District. Tim Luell, applicant. Mr. Pogge reviewed the request. He noted that day cares and schools are specifically prohibited uses in the BP-I zoning district and therefore staff cannot support a finding that this is in "substantial" conformance with the BP-I District. There was a question as to why day cares and school are specifically prohibited, whether it was due to a concern regarding safety, perhaps; Mr. Pogge explained they are uses that are prohibited by default as not being either a permitted use or a use allowed by special use permit. Mr. Turnblad explained that mix of uses allowed in a zoning district is an important consideration, and pointed out that if every type of use is allowed in every zoning district, then the intention/principal use of that district is diluted. Mr. Dahlquist asked whether there are any changes to this district proposed in the new Comprehensive Plan; Mr. Pogge stated the use is to remain the same, BP-I, in the 2030 Comp Plan. Mr. Wolden noted the request essentially amounts to broadening the use of the current facility and doesn't involve changing any building; he wondered if there was any requirement that day care facilities 2 City of Stillwater Planning Commission January 12, 2009 have outdoor space, which would require changes to the site. Mr. Middleton pointed out there are several recreational uses in the Business Park, as well as a dog day care business; Mr. Pogge pointed out those facilities are in the BP-O, Business Park-Office District, not the BP-I District and also noted that the facilities mentioned by Mr. Middleton both went through the process of amending the zoning code to allow the use by special use permit, rather than a determination of "substantially similar use." Mr. Luell explained that they have operated Valley Dance Academy at this facility for a number of years. He said they would like to operate in the same facility and thought they were requesting something that was similar in use. He said the preschool would be a separate entity, with an arts-based focus, including second language, arts, international music and theater. He briefly addressed state licensing requirements for preschools and said they would not be required to change the facility in any way. He said they are asking to better utilize the existing facility. Mr. Middleton opened the public hearing. No comments were received, and the hearing was closed. Mr. Kocon said he thought the existing facility and use was good, but said he did not think it appropriate in an industrial-zoned district; he suggested the request represented spot zoning. Mr. Dahlquist spoke of the potential for future impact of a school use on neighboring properties. On a question by Mr. Malsam, Mr. Pogge outlined several options, including a zoning amendment and Comprehensive Plan amendment, the applicant(s) could follow if they desire to pursue their plans. Mr. Kalmon spoke against expanding a non-conforming use. Ms. Block asked staff for an assessment of the possible outcome of a request for a zoning/Comp Plan amendment if the applicants pursued that route; Mr. Pogge stated staff likely would not find in favor, but noted ultimately that is a decision of the Planning Commission and City Council. It was noted the applicant(s) does have the opportunity to appeal any decision to the City Council. Ms. Block said she thought the school is a good one and the idea creative, but spoke in favor of maintaining the integrity of the industrial zoning district. Mr. Kocon moved to deny the use determination and recommend the City Council deny the Special Use Permit for Case No. 09-02 strictly on the zoning issue. Mr. Dahlquist seconded the motion; motion passed unanimously. OTHER BUSINESS Election of chair and vice chair - Mr. Middleton and Mr. Dahlquist volunteered to continue in their current capacity as chair and vice chair, respectively. Mr. Kalmon, seconded by Mr. Kocon, nominated Mr. Middleton as chair and Mr. Dahlquist as vice chair. Motion passed unanimously. Mr. Dahlquist, seconded by Mr. Kocon, moved to adjourn at 8:27 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary