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HomeMy WebLinkAbout2012-04-09 CPC MINCITY OF STILLWATER PLANNING COMMISSION April 9, 2012 Chair Dahlquist called the meeting to order at 7 p.m Present: Aron Buchanan, Mike Dahlquist, Eric Hansen, Cameron Kelly, Chris Lauer, John Malsam, Anne Siess, Scott Spisak and Council liaison Doug Menikheim Staff present: Planner Mike Pogge Absent: Mike Kocon Approval of minutes: Mr. Menikheim noted the minutes did not reflect his attendance. Mr. Spisak, seconded by Mr. Buchanan, moved approval of the minutes of February 13, 2012, with that correction. Motion passed unanimously. OPEN FORUM No comments were received. Mr. Dahlquist noted that this would be Mr. Malsam's last meeting and thanked him for his service on the Commission. PUBLIC HEARINGS. Case No. 2012 -07. A special use permit request for an off -leash dog park located east of the City of Stillwater's Public Works Facility (3325 Boutwell Rd) in the PROS (Parks, Recreation and Open Space) District. Allison McGinnis, President, Friends of Stillwater Area Dog Park, applicant. Mr. Pogge stated the Joint Board held a public hearing on this case on April 4. He noted because this location is in the Orderly Annexation Agreement area, the Joint Board has the authority to review and could approve or deny the request. He said the Joint Board tabled its action until May 2, so it is recommended that the Commission open the hearing, take comment and table action until its May meeting. On a question by Ms. Siess, Mr. Pogge explained the function of the Joint Board. Mr. Dahlquist opened the public hearing. No comments were received. Mr. Malsam, seconded by Ms. Siess, moved to continue this case until the next meeting, May 14; motion passed unanimously. Case No. 2012 -08. An amendment to an existing special use permit for the construction of a rooftop deck and bar (Rafters) located at 317 Main Street South in the CBD, Central Business District. Larry Cramer, applicant. Mr. Pogge reviewed the request and staff findings. He noted there are three components to the request: a special use permit for outdoor dining; variance to the parking requirements; and variance to the maximum allowable height - 44.25' allowed, 47' requested. Mr. Pogge reviewed the criteria for the issuance of a special use permit and variances and stated staff recommends approval with seven conditions of approval. He noted the Heritage Preservation Commission had reviewed the proposal at its April meeting; he said the HPC is supportive of the concept but CITY OF STILLWATER PLANNING COMMISSION April 9, 2012 tabled action pending additional information about architectural details such as colors and materials. Mr. Pogge stated staff is recommending that condition of approval No. 6 be amended to reflect that the deck is a seasonal use and that the project may be done in phases; the suggested change is to require the purchase of 1 monthly parking permit for every 120 square feet of patio space annually between May 1 and October 31. He reviewed photos taken from various perspectives to demonstrate the potential impact of the requested height variance; he said the photos demonstrate the proposal will have limited if any impact on views of the river. Mr. Dahlquist asked whether the HPC had tabled action in anticipation of significant changes or details such as colors and materials. Mr. Pogge said there was some discussion as to whether there would be an exterior stairway; he reviewed an original proposal with an exterior stairway and a second proposal, the one under consideration, which eliminates that stairway. Mr. Pogge said the HPC's primary concern was regarding details including colors, materials and lighting. On a question by Mr. Dahlquist, Mr. Pogge explained how the allowable height is figured for an infill project. Mr. Buchanan asked if there is any issue with noise regarding this proposal and if that is part of the Commission's consideration. Mr. Pogge said that can be an issue, and the applicant has stated there will be no outside entertainment so that is not part of the special use permit; he stated outdoor music does require a special use permit so if there is a request for that in the future, it would require an additional SUP, and he noted that City Code does specify decibel levels the applicant will have to adhere to. There was discussion of the concerns expressed by clients of Jeanne Anderson regarding trash and intruders; Mr. Pogge reviewed the physical space between the two buildings and the proposal to construct a barrier wall. Ms. Siess asked if there have been similar requests for rooftop restaurant use, and she asked about occupancy; Mr. Pogge said there have been many inquiries regarding such a use and said he expects a proposal in the near future; he said he was unsure about the capacity. Brian Larson, architect, was present representing the applicant, Larry Cramer. Mr. Larson said at this point, the applicant would be seeking approval of the concept of the internal stairs, with an exterior stair for emergency exit only, that stairway would always be closed off to the public and would return back into the second level of the building. He said that plan is dependent on reaching an agreement for an easement with the adjacent property owner. Mr. Larson provided a diagram of the exterior stair connecting with the interior; he noted those plans don't affect height, parking or any other issues the Commission is concerned with. Mr.Larson reviewed plans for a wall that would not allow anyone near the alleyway between the two buildings. There was a question as to whether the wall might require a setback easement; Mr. Pogge noted there is a zero setback requirement in the downtown. Mr. Larson said if an agreement between the property owners can't be reached, plans would revert back to option 2 that are essentially the same but with an exit somewhere else on the west end of the building. 11 CITY OF STILLWATER PLANNING COMMISSION April 9, 2012 Mr. Spisak asked whether concept approval was being sought, as suggested by Mr. Larson's comments, or final approval; Mr. Pogge said this was the first time he had seen these plans, so he didn't have a staff reaction to the plans. Mr. Pogge said he does know that the applicant wants to get started on the project this summer and doesn't want to invest a lot in doing plans and structural engineering if the Commission is not comfortable with the plans. Mr. Spisak asked about hours and capacity. Mr. Larson said the hours would be the same as the main bar /restaurant, and he said when built -out, capacity would be about 90 -100, noting that if the project is phased in construction, as is planned, capacity would be about 40 for, the first phase. Mr. Larson said the applicant is seeking approval of what was originally submitted and the issues brought forward by Mr. Pogge; he said what he presented is identical in every way except for the exit stair, which he said they would like concept approval of in the event an agreement can be reached with the adjacent property owner. Mr. Larson addressed a question from Ms. Siess regarding the exit stairs terminating inside the building, rather than being a total exterior stairway; he said plans have been discussed with the building official and noted there are two interior stairs at that point. Mr. Dahlquist asked if the applicant had looked at plans that might not require a height variance; Mr. Larson said getting the height variance will enable them to work with almost any condition that is encountered. Mr. Dahlquist opened the public hearing. Patrick Anderson, one of the partners in Marine Leasing, owners of the property at 321 S. Main Street, the El Fresco building, provided a letter clarifying their position. He stated they have no particular objection to the existing use as long as it is done within the property lines and permits can be obtained. He said he expects that the City through its review and approval process will ensure proper security of the adjoining roofs as to fire hazard, trash, garbage, noxious materials, trespassing, etc. He stated Marine Leasing will not furnish any easements for its property. Mike Kranz, owner of the other adjacent property, 301 S. Main St., spoke of a potential drainage issue. He asked about the maximum height; Mr. Pogge explained how the maximum allowable height is determined. Mr. Kranz expressed concern about not having more detailed information available in advance so he could pursue his options with an attorney. He spoke of a concern about maximum occupancy and weight loads, trash and more pollution on the roof of his building, smoking and cigarette butts. He asked about any requirement for an elevator; Mr. Pogge said that issue falls within the building code and it can be waived if it is not structurally feasible to provide such service. It was noted that information, including drawings provided by an applicant, is available to those who received notice of public hearing; information is available at the City's web site or by contacting City staff. Nancy Nelson, another of the owners of the building to the south, noted they put an elevator in their building and questioned why the same wouldn't be required of this applicant. She spoke of existing problems with the alleyway space, the majority of which they own, between the two buildings, and suggested that adding more people will create more problems. No other comments were received, and the hearing was closed CITY OF STILLWATER PLANNING COMMISSION April 9, 2012 Mr. Larson responded to the concern regarding the drain on the property to the north; he said he thought that was a problem that could be dealt with and should not present an issue. He said if there is a concern about debris, they could possibly construct a barrier as was discussed for the west side of the deck to discourage people from disposing of debris on that side. Regarding garbage and other such issues, Mr. Larson said he didn't know a lot of the history, but said he thought it was a bigger issue with previous owners; he said the current owner has been working hard to address those types of concerns. Regarding smoking, he said he did not have the authority to talk to the actual operations of the bar. Regarding the elevator, he said the building official is considering the situation and is not making that a requirement, he said. Mr. Larson noted that the summer season is a slow season for this bar because many people go to the places with outdoor facilities; he said this owner is trying to be a viable business in town and part of that is trying to get their summer business on par with other areas. He said a rooftop bar will go a long way toward helping the summer business; he said he thought the owner could address some of the adjacent property owners' concerns about sanitation and keeping the place clean. Mr. Spisak expressed concern about the possible noise impact on the South Broadway neighborhood, noting the owner also could apply for a special use permit for music in the future. Mr. Spisak also questioned whether there is an issue regarding ADA accessibility; he also expressed concern about lack of certain details, which he said may be important to see. Ms. Siess agreed with Mr. Spisak's comments; she said this will set a precedent for other rooftop businesses and suggested tabling for more information regarding use of glass, hours of operation, etc. Mr. Buchanan asked Mr. Pogge if he had contacted any other cities where there are a number of rooftop bar /restaurants regarding items such as railing setbacks from the edge of the roof; Mr. Pogge said he could contact other communities. In discussion, it was noted this is not a new concept and it might be helpful to find out what cities such as Minneapolis and St. Paul are doing regarding conditions of operation. There was a question as to what role the Planning Commission could play in addressing the garbage issue raised by the neighboring property owners; Mr. Pogge agreed this is a difficult issue to try to proactively regulate, noting there are some enforcement measures the City can take if sanitation becomes an issue. Mr. Dahlquist noted this is a special use permit and is reviewed upon complaint, which does provide some motivation for the applicant be a good neighbor. Mr. Dahlquist said he, too, is concerned that this proposal is concepts at this point, suggesting that adding another screening wall makes it almost appear as another story on the building rather than a light, open roof that will be used seasonally. Mr. Dahlquist also expressed concern about the height, noting the Commission spent lots of time working on the height regulations for downtown and said he would be somewhat reluctant granting height variances in this area as it will be setting a precedent. 2 CITY OF STILLWATER PLANNING COMMISSION April 9, 2012 Mr. Hansen said he thought there might be a benefit to granting a variance to allow for construction of walls and a partial roof to deflect sound away from the South Hill area; he agreed that noise will be a major issue. Mr. Menikheim expressed concern about safety. Mr. Larson clarified that the scheme presented to the Planning Commission for consideration is the one that does not involve the outside stair and does not involve any easements. Mr. Kelly moved to table this case to the Commission's May 14 meeting. Mr. Buchanan seconded the motion; motion passed unanimously. Case No. 2012 -09. A special use permit for a self -serve frozen yogurt bar, Cherry Berry, and a variance to the parking regulations located at 125 Main Street South in the CBD, Central Business District. Randy Jordan, applicant. Mr. Pogge reviewed the request and staff findings. He reviewed parking requirements and the condition to purchase off -site parking spaces. He reviewed the requirements for a special use permit. The applicant was present. Mr. Dahlquist opened the public hearing. No comments were received, and the hearing was closed. Mr. Spisak moved approval as conditioned; Mr. Malsam seconded the motion; motion passed unanimously. OTHER BUSINESS Discussion on signage in the PA (Public Administration) Zoning District. Mr. Pogge said this issue arose with the completion of the Post Office site when it was discovered there is no allowance for signage in the PA district; he said he thought that omission was just an oversight on the part of the City. He noted the majority of the uses in the PA district are institutional uses. With some retail space in the Post Office building, he said there should be a provision for some signage opportunity. He said in discussion about this issue with the Heritage Preservation Commission, it was suggested that the PA district have the same sign regulations as the Central Business District and the General Commercial District; he said the HPC was comfortable with that suggestion. He said staff would bring a zoning amendment to the next meeting making that change if the Commission agrees. There was a question as to how the change,might impact existing church bulletin boards, for example, whether a church could request signage in addition to the existing message board. Mr. Pogge said there may be some instances where a church may want to make an existing sign larger, but said he thought the overall impact would be pretty insignificant. On a question by Mr. Spisak, Mr. Pogge reviewed the PA district locations. There was discussion as to why the Cub Food headquarters site and Post Office site wouldn't be rezoned. On a question by Mr. Spisak, Mr. Pogge said staff did look at what the change might mean for Cob Foods headquarters, for example; he said the existing monument sign could be expanded slightly, but could not have an additional building signs. NEW BUSINESS Mr. Dahlquist talked about the Planning Commission moving forward and future issues. He wondered if there is a need for the Commission to have discussion about some of the upcoming issues. Mr. Pogge agreed there are some opportunities and challenges facing the City and CITY OF STILLWATER PLANNING COMMISSION April 9, 2012 Commission in the future. There was brief discussion of education /training opportunities available; Mr. Menikheim encouraged new commissioners to take advantage of those opportunities. Mr. Menikheim talked of the need for the Council to set its priorities and provide direction to all of the Commission as to how they can help the City move forward. It was noted that a recommendation has been made for the appointment to replace Mr. Malsam on the Commission. Mr. Kelly, seconded by Ms. Siess, moved to adjourn at 8:40 p.m. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary 3