Loading...
HomeMy WebLinkAbout2011-11-14 CPC MINCITY OF STILLWATER PLANNING COMMISSION MONDAY, November 14, 2011 Minutes Present: Aron Buchanan, Mike Dahlquist, Eric Hansen, Cameron Kelly, Mike Kocon, John Malsam, Anne Siess, Scott Spisak and Council liaison Doug Menikheim Staff present: Community Development Director Turnblad and Planner Pogge Mr. Dahlquist called the meeting to order at 7 p.m. Approval of minutes: Mr. Spisak, seconded by Mr. Kelly, moved approval of the minutes of Oct. 10, 2011. Motion passed unanimously. OPEN FORUM No comments were received. PUBLIC HEARINGS Case No. 2011 -26. A resubdivision of a 20,000 square foot lot into two lots, Lot 1 -7500 square feet and Lot 2 - 12,500 square feet, respectively, located at 215 St. Croix Avenue West in the RB, Two Family Residential District. Paul Nickerson, applicant. Mr. Turnblad reviewed the request. He stated the request meets all minimum requirements for zoning and development. He said the only complicating factor is the provision of sanitary sewer service to the property; Mr. Turnblad noted that cost will be the responsibility of the property owner and a condition of approval is that a sanitary sewer plan must be submitted to and approved by the City Engineer prior to releasing the resolution of approval for the resubdivision. He said the second condition of approval is that utility hook -up fees be paid prior to release of the resolution of approval. Mr. Kocon asked when the utility hook -up fees come into play. Mr. Turnblad said the hook -up fees will have to be paid before the City releases the resolution of approval for filing with Washington County; he noted that typically the resolution doesn't get filed until a buyer is found for the new lot. Mr. Spisak asked if the sewer hook -up fee will cover the possible additional cost of construction beyond the existing manholes. Mr. Turnblad said that is unknown until plans are submitted; he said, in theory, the hook -up fee is essentially a trunk sewer fee that pays for the trunk system in place. Mr. Turnblad said usually the assumption is that trunk system is available to the property, so there is discussion necessary to determine what the fee should be — whether it should be the whole cost, plus the cost of extending the sewer. However, he said until the sewer plan is presented, that cost is unknown. Mr. Spisak asked if that issue should be covered in the resolution of approval. Mr. Turnblad said the resolution is worded so the hook -up fees must be paid before the resolution if released. The City Engineer may determines there won't be any hook -up fees as there is a credit for extending the sewer service; so the amount of the fee is not included in the resolution, merely the condition that the fee, if there is one, must be paid prior to release. Mr. Spisak asked how many accessory structures are permitted in the RB district. Mr. Turnblad stated two are allowed, but no more than 1,000 square feet total. Mr. Spisak pointed out the survey indicates there is a garage, plus two accessory structures. Mr. Turnblad noted there is always a question as to when the structures were built or whether the structures are 1 CITY OF STILLWATER PLANNING COMMISSION MONDAY, November 14, 2011 Minutes grand- fathered; he pointed out that one of the structures is 5'x5'. Mr. Spisak asked about front -yard setback, noting that it appears neither the existing house nor garage meet the 20' setback; he asked if approval would be creating a sub - standard lot. Mr. Turnblad said the only way a sub - standard lot would be created would be to move the side lot line closer to the garage; he said the resubdivision is not moving the front lot line, only the side lot line. Mr. Kocon said the cost of extending the sewer line should be a development cost, not a hook -up fee. Mr. Turnblad said in all likelihood the sewer won't be extended either as a lateral or a trunk; he said what has been done in other instances in this area is to extend single private services from the house to the manhole. He said what will likely happen is there will be about a $3,500 hook -up fee, plus the cost of the private service to the manhole, both costs the responsibility of the applicant. The applicant was present. Mr. Dahlquist opened the public hearing. No comments were received, and the hearing was closed. Mr. Kocon moved approval as conditioned. Mr. Kelly seconded the motion; motion passed unanimously. Case No. 2011 -27. A special use permit for a drive - through restaurant, a variance to the sign regulations for 40.97 square -foot menu boards and wall signage, a street vacation of Neal Avenue south of Orleans Street West, and a final plat to create one new lot located at 2601 Orleans Street West in the BP -C, Business Park Commercial District. Dale Shimek, McDonald's USA LLC, applicant. Mr. Pogge reviewed the various aspects of the request, including the final plat, street vacation, special use permit and variances. Regarding the plat and subdivision, he said all the required items, such as utilities and right -of -way access, are in place; the proposal also meets all the requirements for s street vacation, he said. Regarding the special use permit for a drive -thru, Mr. Pogge described the proposed layout and noted the proposal exceeds the required stacking spaces. He also described plans for landscaping, trash containers, lighting, and building elevations. He said staff finds that, in regards to the requested special use permit for the drive -thru, the proposal meets the requirements and intent of the zoning ordinance and West Business Park plan, will not constitute a nuisance or detriment to the public welfare, and that, as conditioned, the general public interest will be served. Mr. Pogge stated the applicant is requesting two variances related to signage, a variance to have building signage on a non - street building elevation and to allow a menu board larger than 40- square -feet. He noted the variance for the menu board is not needed as the City's code does not regulate maximum menu board size. He also noted that the West Business Park PUD allows signage on a non - street side; while this site is outside of that PUD as is was developed prior to the establishment of the PUD, he said staff believes this is a reasonable request due to the practice in the immediate neighborhood. Mr. Pogge also pointed out that the overall signage is under the allowable maximum. He stated there are a number of conditions that staff would recommend. Mr. Spisak asked if the City had conducted any traffic counts at Orleans and Market Drive and wondered if any additional traffic control measures might be necessary. Mr. Pogge said that would be an issue for the City Engineer and Traffic Committee. Mr. Spisak said he didn't think the traffic issue was an issue for the applicant, but one for the City to consider. Mr. Kocon pointed out that the proposed access will be a lot better than what was available for the former Tom Thumb store that occupied a portion of this site; he agreed with Mr. Spisak that there might be a traffic concern, but that is a City 2 CITY OF STILLWATER PLANNING COMMISSION MONDAY, November 14, 2011 Minutes issue, rather than the applicant's. Mr. Kocon asked about the Heritage Preservation Commission's (HPC) review; Mr. Pogge stated the only change recommended by the HPC was that banding be added on the north and west elevations. Regarding traffic, Mr. Dahlquist pointed out the Recreation Center might not have been in operation when the Tom Thumb store occupied the site; he said he shared some of the concerns about the traffic. Mr. Spisak asked about the proposed street vacation and the existing West Orleans easement; Mr. Pogge said the applicant plans to deed that portion of West Orleans that is an easement today to the City. The applicant was present. He addressed questions related to the street vacation, saying the intent is to clean up the site layout. Mr. Dahlquist asked about a sidewalk that is shown and whether that sidewalk might be extended in the future. Mr. Shimek said the plans are fairly close to the maximum allowable impervious surface, so it might not be possible to add sidewalk without tweaking plans somewhat. Mr. Pogge pointed out that currently there is no sidewalk on the west side of Market Drive. Mr. Spisak suggested there might be a lot of pedestrian traffic from the Recreation Center and said it seemed prudent to have sidewalk on the west side of Market Drive to match up with the Recreation Center walkway; Mr. Pogge said the City would not want to encourage a mid - street crossing. Mr. Dahlquist asked the applicant if they had looked at traffic flow; Mr. Shimek said their main concern is to have enough stacking so traffic doesn't back up. Mr. Shimek said they did not do a traffic count at Orleans /Market and would not be opposed to a different type of control at that intersection; he said their main concern was to keep the ingress /egress a distance away from the intersection. Mr. Dahlquist opened the public hearing. No comments were received, and the hearing was closed. Mr. Buchanan said he thought there would be traffic problems at Market/Orleans. Mr. Spisak said he thought the applicant had done a good job with ingress /egress, but said he thought there would be a pedestrian traffic issue due to the Recreation Center. Mr. Menikheim asked the applicant why there is no entrance from Stillwater Boulevard; Mr. Shimek said a lot of their traffic is drive -thru and exit on Stillwater Boulevard would have to be right -only. Mr. Pogge noted Stillwater Boulevard is a County road and the County would not allow a right -in, right -out only. There was additional discussion about the pedestrian traffic issue; Mr. Pogge suggested adding a condition that the sidewalk be extended south to the applicant's driveway at such time the City Engineer deems advisable; he said he thought that will likely occur at the same time the City makes some type of pedestrian improvements. Mr. Kocon moved approval of the final plat, street vacation, special use permit and variance as conditioned A -N, N being the condition added regarding the sidewalk extension when deemed appropriate by the City Engineer. Mr. Buchanan seconded the motion; motion passed unanimously. Meeting was adjourned at 8:05 p.m. on a motion by Mr. Kocon, second by Mr. Kelly. Respectfully submitted, Sharon Baker Recording Secretary 3