HomeMy WebLinkAbout2011-05-09 CPC MINCity of Stillwater
Planning Commission
May 9, 2011
Present: Mike Dahlquist, Chair, Aron Buchanan, Eric Hansen, Cameron Kelly, Mike Kocon,
Anne Siess, Doug Menikheim and Scott Spisak
Staff present: Community Development Director Turnblad and Planner Mike Pogge
Mr. Dahlquist called the meeting to order at 7 p.m.
Approval of minutes: Mr. Spisak, seconded by Mr. Kocon, moved to approve the April 11, 2011,
minutes as presented. Motion passed unanimously.
OPEN FORUM
No comments were received.
PUBLIC HEARINGS
Case No. 2011 -12 A special use permit for outside music at 103 Third St. S. in the CBD, Central
Business District. Brent Banchy, American Legion Post 48, applicant.
Community Development Director Turnblad reviewed the request to offer live music on the
American Legion deck on Sundays, Memorial Day through Labor Day, national holidays and on
the Saturday of Lumberjack Days. He said the proposal is to provide music from 4 to 8 p.m. and
Sundays, with the hours of 6 p.m. to 10 p.m. on the 4 th of July and the Saturday of Lumberjack
Days. He noted that the City's nuisance ordinance prohibits outside music past 10 p.m. unless a
waiver is granted by the City Council. He stated that last year the Council granted permission for
outdoor music on a temporary basis; he said there was an issue regarding volume that was
addressed by changing the orientation of the speakers, band stand etc. toward the river. He
said there are a number of locations downtown that have outdoor music, with special use
permits issued for all locations. He noted the City's ordinance specifies certain noise levels that
are allowed at certain hours of the evening and for certain lengths of time. He said approval is
recommended with a condition specifying the hours of 4 to 8 p.m. and 6 to 10 p.m. on the two
days specified in the request and that the applicant abide by the nuisance ordinance. He noted
this could be brought back to the Planning Commission upon substantiated complaint. On a
question by Mr. Kocon, Mr. Turnblad said the request involves the same hours as last summer.
Mr. Spisak asked how the noise ordinance is enforced. Mr. Turnblad said the first approach is to
talk with management if there is a violation. If there is a disagreement regarding noise level, he
said there is staff in the Public Safety Department trained to take decibel readings to verify the
level. If there continues to be a problem that is not addressed, he said the permit would be
brought back to the Planning Commission for review. Mr. Spisak asked if the City had done any
noise studies downtown, in general, to determine if there is compliance with the ordinance. Mr.
Turnblad said a study has not been done, but the ordinance includes an ambient, background,
level of noise that is considered to be acceptable by the MPCA; those levels are metered when
officers do sound level checks. Mr. Turnblad explained that there are several other
measurements taken, including a certain volume level over a certain length of time and absolute
peak volume. Mr. Dahlquist noted the letter from the applicant mentions four special events that
are not included in the requested dates; Mr. Turnblad stated for special events, the applicant
would go directly to the City Council for a one -time permission to have music later or on a
different night that in the special use permit.
1
City of Stillwater
Planning Commission
May 9, 2011
Mr. Banchy was present. He said at present there are no special events scheduled but said the
Legion would like the ability to have four such events. Mr. Turnblad said it might be possible to
cover that in the special use permit as long as the music doesn't run past 10 p.m. Mr. Banchy
noted they have redirected the speakers to face east and said they would continue to work with
neighbors to minimize the impact of the noise. Mr. Spisak asked about the band; a
representative of the Legion said it is a five - member band that plays '50s and '60s type music.
Mr. Turnblad asked about the special events; the Legion spokesperson said the music would
not go past 10 p.m. and the events would not be scheduled during the week. A Legion
spokesman said they would take responsibility for ensuring the music is in compliance with the
regulations for the special events. In discussion, the Legion representatives stated they have
had no special events with music during the last couple of years.
Mr. Dahlquist opened the public hearing.
Pete Groth, 115 Myrtle St., said the issue is not with the dates or weddings, the issue is with
how much noise there has to be. He suggested having an officer check the noise level and ask
that the volume be turned down if the officer can hear it from his squad a block away. He said it
is when the music goes across the street and into the next block that there is a problem,
especially when the bass is played. He also said there is a problem with bands playing in the
park. He also suggested the City ought to have signs at Third Street identifying a "low noise
zone," speaking of the problem of noise created by motorcycles.
Carrie Fee, 105 Chestnut St., said she enjoys living in a city where there is outdoor music,
suggesting that is part of what makes businesses successful and why tourists visit the City. She
said the music is for families and said she appreciates the music.
Steve Genan, 231 Third St. N., said they had called numerous times to complain last year, even
after the Legion did the changes to the speakers, etc. He said the music is still so loud that
things rattle inside their house when the bass is played. He suggested Stillwater will be known
as the City of Noise as there is noise everywhere. He said the concern is not with the music but
the fact that it can be heard a block away.
A resident of Fourth Street and representative of the American Legion noted that there is noise
in a city -- that is part of living in a city. He referred to the difficulties being experiences by
American Legions and VFWs and said the Legion is just trying to bring in a little extra income to
keep the business alive all year by offering the music in the summer.
A resident of Fourth Street South said the music doesn't bother her, in fact she enjoys going
downtown to hear the music. She also suggested that people come here because they love
being by the river and love being outside. She spoke in favor of free enterprise and free choice.
No other comments were received, and the hearing was closed. A representative of the Legion
addressed comments regarding volume, saying the volume has been turned down to the point
where the audience will have to be issued headsets if it is turned down any lower; he also
addressed comments that police have not responded to complaints in the past, saying they
have responded and have been very cooperative in working to address any problems.
2
City of Stillwater
Planning Commission
May 9, 2011
Mr. Spisak expressed concern about how noise levels are monitored, referring to decibel levels,
some of which can be exceeded by a vacuum cleaner, and how a business can comply with the
ordinance. Mr. Kocon noted this location is downtown, in a commercial district where music is
allowed outside by special use permit, and he noted the request involves 60 hours during the
course of a year. Mr. Kocon said he didn't believe the proposed hours, 4 to 8 p.m. and 6 to 10
p.m., were onerous; he said he thought outdoor music is key to a vibrant community and key to
a vibrant downtown. Ms. Siess suggested that the four special event dates ought to be
specified. Mr. Dahlquist noted the special events are not part of the proposal before the
Commission.
Mr. Kocon moved approval of the special use permit, with the stated conditions A, B and C, as
listed in the staff recommendations. Mr. Hansen seconded the motion; motion passed
unanimously.
Case No. 2011 -13 A variance to the size regulations for garages for construction of garage units
at 516 Myrtle St. W. in the RB, Two Family Residential District. Steve Thron, applicant.
Mr. Pogge reviewed the request and staff recommendations. He reviewed the three criteria for
the granting of a variance, noting a very recent change in state law has changed the previous
hardship criteria to a "practical difficulty" standard. He said staff finds that all three criteria have
been met and approval is recommended as conditioned, with an additional condition that the
garage go no farther west than the existing power pole. Mr. Kocon noted this involves a very
large lot, so with the apartment units and garage as proposed, lot coverage would still be only
10% coverage, while 25% coverage is allowable. Mr. Pogge pointed out that if they were to
build an accessory building allowable by ordinance, 10% of the lot area, they would be well
under what would be allowed. Mr. Spisak asked if the new garage would meet setbacks; Mr.
Pogge responded in the affirmative.
The Throns were present and said they would be meeting all setback requirements and noted
their insurance company will not even insure the existing structure because it is in such bad
condition. Mr. Thron said the neighbors are in support of a new structure. Mrs. Thron said they
intend to keep the same salt -box design of the new garage.
Mr. Dahlquist opened the public hearing.
Steve Wahlquist, who lives just to the north of the Throns' apartment building, spoke in favor of
the new garage with the conditions. He said he favored the new garage primarily because it will
improve the appearance of the property and get rid of an eyesore.
No other comments were received, and the hearing was closed. Mr. Kocon moved to approve
the variance request with the four conditions recommended by staff. Ms. Siess seconded the
motion; motion passed unanimously.
Case No. 2011 -10 A special use permit to allow early childhood education in the RB, Two
Family Residential District, by special use permit to construct an early childhood education
facility at 523 March St. W. in the RB, Two Family Residential District. Steve Erickson, BWBR,
representing Stillwater Area School District. Continued from the April 11, 2011, meeting.
3
City of Stillwater
Planning Commission
May 9, 2011
Community Development Director Turnblad noted this was tabled at the last meeting to get
additional information from the applicant, specifically related to traffic and circulation, both
vehicular and pedestrian, growth projections, more details on the facade of the building and
setbacks. Mr. Turnblad reviewed the additional information related to traffic. He said the School
District's consultants did traffic counts in several different locations on an hourly basis and
projections of how those hourly counts could impact traffic. He said traffic from the early
childhood education facility, at maximum capacity of 400 students, has minimal impact during
peak hours of the junior high traffic as it is distributed throughout the day; even at the peak
hours for the early childhood facility traffic, he said the increase in traffic is minimal. Mr.
Turnblad noted the parking lot has been rearranged to address the concern about pedestrian
circulation /safety and showed graphics of the changes made subsequent to the last meeting.
Mr. Turnblad reviewed some of the details of the facade. He also reviewed the proposed
setbacks, all of which exceed the setback requirements for the RB District. Mr. Turnblad noted
the Commission is to determine whether the special use permit criteria are met for this site, not
whether another site might work; he noted that staff believes the special use permit criteria can
be met with the recommended conditions and recommends approval. Ms. Siess asked whether
the traffic study counts represented vehicles; Mr. Turnblad stated the studies represent trips, not
vehicles. Mr. Kocon noted the studies indicate the maximum impact on Holcombe is 20 cars at
an off -peak time of 11 a.m., with similar impact on Sixth Street. Mr. Spisak asked if the changes
to the parking lot configuration impacted the number of spaces; Mr. Turnblad said there is a loss
of about 40 spaces, but there is still a surplus of spaces over what is required at full enrollment.
Ray Queener, Stillwater Area Schools, spoke briefly about the traffic studies and said they
believe the counts reflect the maximum, worst case scenario. Steve Erickson, BWBR, provided
graphics of the building elevations and details about building materials; he spoke of the use of
windows and roof forms to maintain a residential feel to the building and break up the massing.
There was discussion about a grass strip in the parking lot and how a pedestrian would be able
to get across that in the winter; it was noted the intent is to have some type of maintained
walkway though that area. Ms. Siess asked about signage of the lot; it was stated that has not
been determined at this point. Mr. Hansen asked about deliveries to the building; it was noted
that there is a designated area for trash pickup but most daily deliveries would be minor and
likely use the front entrance. Mr. Dahlquist asked about efforts to encourage traffic flow to the
south and east to take some of the peak off Holcombe Street; Mr. Erickson stated having two
distinctly different entrances into and out of the parking lot is, at this point, the primary
mechanism that spreads the traffic out, providing people the option of proceeding north on
Holcombe or north /south on Sixth. Mr. Spisak asked about square footage; Mr. Erickson stated
the building is still about 45,000 square -feet. Mr. Spisak asked about future space needs; Mr.
Queener said the building provides for enough space to accommodate another 100 students
served, with the remaining square footage for interior mechanical rooms and dedicated space
for the two partners, Independent School District 916 and Courage Center St. Croix. Mr. Kocon
asked about the location of the playground considering the issue with property lines with some
residents on Holcombe; Mr. Erickson stated the playground has been moved a bit south, about
20 feet, of the previous plans. Mr. Hansen asked about idling buses; it was noted that as much
as the School District can control its contractor, the District can request that the idling be
minimized as well as take other steps, such as having staff waiting to get kids from the buses in
the winter, to minimize idling.
4
Mary Lunzer, 516 W. Hancock St., expressed a concern about assumptions and noted no traffic
study was done on Hancock and other residential streets that are utilized by traffic going to the
school. She questioned how the impact was determined, whether a traffic study was done at
ECFE. She noted on- street parking is currently allowed and wondered whether that would be
of 100 cars per hour is a big
because of this new facility. She said even the increase p g
increase in traffic. She also raised a concern about idling of buses.
City of Stillwater
Planning Commission
May 9, 2011
Mr. Dahlquist opened the public hearing, noting that the Commission had received several e-
mails, included in the packet, some of which addressed the site selection process, as opposed
to this specific site.
Joel Branjird,1006 Seventh St. S., suggested that the traffic studies don't address the traffic
relative to other school areas. He pointed out that the junior high currently houses about 400
more students than the next largest school in the City, Lily Lake. He said this feels like piling on,
as the junior high school already has a population of 1,000 students. Regardless of the traffic
studies, he said the traffic will be way above any other school. He also spoke of the visual
impact, noting that other schools are setback farther and not nearly as close to existing
residential homes. He also questioned the need for a one -story building, when there is a two -
story ECFC in Cottage Grove; he also questioned a statement that there is a state mandate that
precludes adding onto a school for ECFE, noting that a Roseville K -8 school has such a
program within the school building.
Scott Van Meertan, 501 W. Hancock St., had a petition, submitted to the Commission, with 72
signatures of people living in the area who are opposed to the project. He said he and his wife
covered 103 homes on Holcombe, Churchill, Hancock, Marsh, Seventh, Sixth and Fifth streets —
26 were no- answers, 5 refused to sign the petition, indicating 74% of the residents do not want
this project. He asked the Commission to listen to the residents, property tax payers. He
submitted eight additional names for the petition.
Robert Dombrowsky, 924 S Seventh St., spoke of his experience living when the school was
the senior high and noted this proposal represents the same number of students as when the
building housed the senior high. He said residents are being asked to put up with cars
continually coming in and out of their streets. He referred to the traffic studies and suggested
that 50 cars in an hour in a residential zone is a huge impact. He spoke of the number of young
children living in the area. He said the traffic issue has not been satisfactorily addressed — he
suggested it was addressed in a manner that best suits the District's purpose and intent. He
suggested there are alternatives to this site, such as a two -story building or one attached to the
existing building, both of which would alleviate a lot of problems. He also suggested the
proposed building doesn't fit the character of the neighborhood.
No other comments were received, and the hearing was closed. Jeff Bednar, traffic consultant
from SRF, reviewed how the traffic studies were conducted; he stated the traffic counts were
conducted on Holcombe and Sixth Street between Churchill and Hancock streets, as well as at
the existing ECFE facility. He specifically addressed how the ECFE projections were
determined. He stated the highest hourly increase that was identified related to the proposed
facility was 35 additional trips during the hours of 11 a.m. to noon. He said some additional
traffic was identified on Hancock, about 30 cars per day, with no increase identified for Seventh
City of Stillwater
Planning Commission
May 9, 2011
Street. On a question from the Commission, Mr. Turnblad said the City's Public Works Director
looked at the studies that were submitted by SRF and have indicated that the numbers the early
childhood education facility would add to the system do not degrade any of the functionality of
any of the intersections in the area and would not require changing any of the existing signals or
stop signs. Mr. Bednar briefly reviewed the existing all -way stop controls and said the study did
not indicate a need for any additional all -way controls.
Mr. Queener talked about the number of students, noting that early childhood is not all -day
programming, every day — programming is in 2 -hour blocks so students are not all in the
building at one time, a student may come to school once or twice a week for two - hours.
Regarding the traffic studies, he said the early childhood data was provided to the traffic
consultant based on zip codes of students served and represent real numbers. He also said
Holcombe and Sixth represent 75% of the proposed trips, which is why the study focused on
those two streets; for the other streets, he said there would be similar impacts but on a much
smaller scale. In terms of the issue of a one -story versus two -story building, he said one -story is
desired for this type of programming, but noted the District had looked at the former UFE
building, a two+ story facility. He said the programming can operate in a two -story structure but
a one -story structure is preferable; he also stated a one -story building will keep the profile of the
building down in the neighborhood. He also addressed the possibility of adding onto an existing
elementary school; he said that can be done, but the funding mechanism the District is utilizing
does not allow that per statute, which stipulates the footprint of an existing facility cannot be
increased by more than 20 %. There was a question about on- street parking;; Mr. Turnblad
stated, with the exception of Lumberjack Days, parking is allowed on both sides of the streets,
and, according to traffic and public safety folks, streets are passable with that arrangements. Mr.
Spisak asked about the number of neighborhood meetings held regarding the project; Mr.
Queener stated a meeting was held in January and later residents were invited, by letter, to
participate in the design work. Mr. Spisak asked about the tenor of the January meeting; Mr.
Queener said it was similar to the comments /concerns expressed at this meeting.
Mr. Buchanan said he thought the biggest concern centers on traffic and said he thought the
new traffic studies utilized sound methodology; he also noted the additional traffic will be
experienced during off -peak hours from the junior high traffic and said, while still of some
concern, he did not think the traffic issue should hold the project back. Mr. Kocon noted that the
concerns expressed at the last Commission meeting regarding parking, traffic and traffic
flow /circulation have been addressed in the new information; he said no matter where
something is put it has an impact on neighbors, but said he would support the special use
permit. Ms. Siess said she understands the need for a new early childhood education facility,
but expressed a concern about the lack of long -range planning, specifically in regard to growth
of the junior high population; she said she believes the growth of the junior high in relation to
this new facility will be an eventual detriment to the public welfare of the community. Mr. Spisak
agreed with the need for a new ECFE facility but said he was struggling with the fact that the
building's scale, size and massing is not consistent with the existing neighborhood and said he
didn't think the School District addressed those concerns with the site location on the property.
Mr. Dahlquist agreed that the campus feel is being lost by eliminating some of the open space
around the edges of the site, but noted the building does meet all setbacks and said he wasn't
sure how this project could be held to a different standard than everybody else in the
neighborhood; he said he thought the new traffic information helped a great deal, noting the
6
City of Stillwater
Planning Commission
May 9, 2011
traffic increases, even on the most impacted streets, are relatively small in comparison to what
is already there and far smaller than the peak hours on those streets. Mr. Dahlquist said what
wasn't addressed to his satisfaction is flow through the site, but said he didn't think that
opportunity goes away if this special use permit is approved. Mr. Kocon moved approval of the
special use permit with the three conditions of approval as listed in the agenda packet. Mr.
Buchanan seconded the motion. Motion passed 5 -2, with Ms. Siess and Mr. Spisak voting no. It
was noted this will go before the City Council at its May 17 meeting, with another public hearing
at that time.
Case No. 2011 -14 A rezoning of certain properties within the City of Stillwater to make them
consistent with the 2030 Comprehensive Plan. City of Stillwater, applicant. Continued from the
April 11, 2011, meeting.
Mr. Turnblad noted this was tabled for review by the Parks Commission and recommendation
regarding what the front setback ought to be for park buildings. He said the Parks Commission
recommended approval of some revised language, indicating that all setbacks be 50 feet from
property lines, but allowed, by special use permit, to be closer than 50' from the front setback if
a building's function is improved or it makes sense and is reasonable to place it in a closer
location. Mr. Dahlquist noted that dog park has been added to this new zoning district; he
questioned whether there would be an issue with the minimum size for golf courses should an
existing nine -hole course be split off from the 18 -hole course. Mr. Turnblad said he would check
into the usual sizes for nine -hole courses and bring that recommendation to the City Council.
Mr. Dahlquist questioned whether the special use permit for facilities less than 50' from the front
setback should specify that is only from public right -of -way. Mr. Turnblad said the Parks
Commission thought that any property line was appropriate in some instances. Mr. Pogge
pointed out a lot of the City's parks are in residential areas so it is difficult to meet a 50' setback
from every property line. Mr. Spisak asked about the footnote dealing with impervious cover and
asked whether than would preclude requiring mitigation; Mr. Turnblad said a use would still
have to abide by the rules of the various watershed districts.
Mr. Dahlquist opened the public hearing. No comments were received, and the hearing was
closed. Mr. Spisak moved to recommend approval by the Council with the three changes
included in the staff recommendations. Ms. Siess seconded the motion. Motion passed
unanimously.
OTHER BUSINESS
Update on pedestrian walkway — Mr. Pogge provided a brief update on plans for the pedestrian
walkway and design for the restroom facility. He said the Council has settled on a formal
walkway design with gathering space; he said is hoped plans will be finalized in July- August,
with construction possibly beginning yet this fall.
Meeting was adjourned at 9:25 p.m. on a motion by Mr. Kocon.
Respectfully submitted,
Sharon Baker
Recording Secretary
7