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HomeMy WebLinkAbout2013-01-14 CPC PacketJiiwater T H E B I R T H P L A C E O F MINNESOTA CITY OF STILLWATER PLANNING COMMISSION NOTICE OF MEETING Monday, January 14, 2013 7 p.m. The City of Stillwater Planning Commission will meet on Monday, January 14, 2013 at 7 p.m. in the Council Chambers at Stillwater City Hall, 216 North Fourth Street. City of Stillwater Planning Commission regular meetings are held at 7 p.m on the second Monday of each month. All City Planning Commission meetings are open to the public. AGENDA 1. CALL TO ORDER 2. APPROVAL OF Decmeber 10, 2012 MINUTES 3. OPEN FORUM The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Commission may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less 4. PUBLIC HEARINGS. The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and take action on the proposed item. 4.01 Case No. 2013 -01. A request for preliminary and final plat approval for the SPIGLI Plat located at 200 North Second Street, 102 North Second Street and 110 Myrtle Street East in the CBD, Central Business District. Mark Balay, Lowell Inn, and City of Stillwater. 5. NEW BUSINESS 6. OTHER BUSINESS 6.01 Comments on Special Use Permit Ordinance amendment. 7. ADJOURNMENT ter 11IF SIATNPLACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES December 10, 2012 REGULAR MEETING 7:00 P.M. Vice - Chairman Kocon called the meeting to order at 7:00 p.m. Present: Vice - Chairman Kocon, Commissioners Hansen, Hade, Kelly, Seiss, Lauer, Council Representative Menikheim Absent: Commissioner Buchanan Staff: City Planner Pogge APPROVAL OF MINUTES Motion by Commissioner Hansen, seconded by Commissioner Hade, to approve the November 14, 2012 meeting minutes. All in favor. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2012 -34. A request for a special use permit and a variance to the parking regulations for an event center located at 214 Main Street South in the CBD, Central Business District. Judd Sather, applicant. Continued from the November 14, 2012 meeting. City Planner Pogge explained the request. Judd Sather has recently started using the second floor of the space he rents at 214 Main Street South as an event center. This has been done without receiving approvals from the City (fire, building, liquor control, or planning) or Washington County Public Health. The event center occupies 4,500 square feet and uses the entire second floor for private parties, small weddings, birthday parties, and concert events with a capacity of 175 to 250 people. Previously the second floor was used for storage. There is a deficiency of 78 parking spaces (83 required). All other zoning code requirements are met. Plans still need to be reviewed by the City Fire Department, Building Department and Washington County Health Department and proper liquor license permits need to be obtained. Proper sound barriers need to be installed, and the shared stairwell with the Mad Planning Commission December 10, 2012 Capper needs to only be used as an emergency exit. With these conditions, staff believes all requirements for a Special Use Permit would be met. Regarding the parking variance, City Planner Pogge reported that Mr. Sather has discussed leasing 38 spaces in the adjacent US Bank parking lot. This would leave a deficiency of 40 parking spaces that could be satisfied by purchasing monthly parking permits from the City or securing a lease from another private property owner. Mr. Sather discussed this with the Downtown Parking Commission last month, which recommended an alternative of initially setting the fee at $120 /month for the deficiency, to be reviewed annually. Commissioner Hade asked for clarification on parking requirements, licensing and how this proposal will fit with the new liquor ordinance. Vice- Chairman Kocon asked how the use will meet ADA requirements with stairways and no elevator. City Planner Pogge replied that the applicant will have to meet all ADA requirements. Fire code requirements will be reviewed by building officials and usually are achieved by installing steel doors. Commissioner Kelly suggested the Commission give a little more flexibility in parking requirements so that if Mr. Sather can't finalize the parking arrangement with US Bank, he doesn't have to come back before the Commission. City Planner Pogge responded that a sentence could be added requiring that if a parking space lease is not able to be obtained, the applicant go to the Parking Commission to renegotiate the parking fee. Commissioner Seiss asked if there are noise concerns with the proposed use. City Planner Pogge replied that the applicant will have to follow the noise ordinance and fire -rate the shared wall. Vice - Chairman Kocon asked what is the closing time. City Planner Pogge responded that there is no closing time in downtown Stillwater but the business will have to comply with the liquor ordinance prohibiting the serving of liquor after 1 a.m. Commissioner Seiss asked how the new liquor server training would be enforced if Mr. Sather uses an outside caterer. City Planner Pogge said the applicant will be held responsible for providing safe liquor service, including providing training and passing compliance checks like any Page 2 of 5 Planning Commission December 10, 2012 other liquor license holder. Customers who bring in -their own' liquor will still hsve to have it served to them. Councilmember Menikheim asked if the same level of security is expected in a BYOB environment as in other liquor establishments. City Planner Pogge replied that security expectations of this establishment are the same as other establishments. Judd Sather, the applicant, indicated he expects to hold one to two events monthly. The event center would have no kitchen, so it would primarily use local licensed caterers for food and drink. He will apply for a public consume and display permit. If customers want to bring their own keg, it would make him feel better if they also had security there. He will soundproof the walls and floor, and plans on installing a wheelchair lift to satisfy the ADA requirements. If things go well he will add an exterior elevator to the building. He understands caterers providing alcohol would be using their own liquor license. The whole building is sprinklered for fire. Asked about the parking agreement, Mr. Sather said he will not be leasing the US Bank parking spaces, but per the Parking Commission's recommendation, will pay$10 for 12 spaces, or $120 per month, which is the maximum of any business downtown. He said this could be revisited. City Planner Pogge said he had understood that Mr. Sather would still lease 30 spaces from US Bank and additionally pay the $120 per month for the parking deficiency. Mr. Sather said he can easily direct customers to the City parking ramp, but because the US Bank underground parking area uses an opener, parking there would be difficult to control. Commissioner Kelly stated as long as the Downtown Parking Commission is satisfied with whatever parking arrangement is agreed upon, that can be written into the approval so the applicant doesn't have to appear before the Planning Commission again. He feels the use is appropriate and he is in favor of it. Commissioner Seiss and Vice -Chair Kocon voiced their support for the proposal. Motion by Commissioner Kelly, seconded by Commissioner Hansen, to approve the request with conditions A through M, modifying existing condition G to read that if applicant does not lease 38 parking spaces from US Bank as required in Condition F, an appropriate fee will be determined by the Parking Commission and he will be required to pay that in lieu of the $120 that is currently required in Condition G. All in favor. Page 3of5 Planning Commission December 10, 2012 Case No. 2012 -36. Final plat approval for Millbrook 7th Addition located at Outlot B, Millbrook 5th Addition, for 47 lot and 4 outlots. Joe Jablonski, Lennar Corporation, applicant. City Planner Pogge explained this plat represents the last plat of the development. White Pine Way will be extended east and will connect to Neal Ave. Ricky Lane will be built on the east side of the development, which will allow the property to the north and south to have access to White Pine Way if they are developed and subdivided in the future. Since the utilities that serve Millbrook were extended from the east, most of the utilities that will serve this development are in place. Any remaining public utilities that have yet to be installed will be done by the developer as part of the site improvements. Tim Fohr, 3225 Maureen Lane, representing Lennar, offered to answer any questions. Jon Whitcomb, 8528 Neal Avenue North and 8602 Neal Avenue, directly to the south of White Pine Way, requested that Ricky Lane be named something more appropriate, for instance White Pine Court, and that the north -south streets be graded and completed as shown on the plan. He stated the amount of traffic coming to Neal Avenue after this road is completed will increase significantly. Neal Avenue is inadequate as a north -south connector. The City should design and approve a trail link to be built as funds become available. City Planner Pogge responded that Lennar has agreed to extend Neal Avenue 150 feet to its northern boundary. Over the long term, the road will need to be improved. He added that the Commission may require a name change as long as it doesn't duplicate an existing street name in the City. The Neal Avenue trail is planned and the City has identified the west side of the street as the logical place for it. Motion by Commissioner Lauer, seconded by Commissioner Seiss, to approve the final plat with four conditions including changing the name of Ricky Lane to a derivative of White Pine. All in favor. NEW BUSINESS There was no new business. OTHER BUSINESS Council Liaison Position - Council Representative Menikheim stated he may not be back as Council liaison in January because there will be two new Councilmembers. He expressed his deep appreciation for having been part of this group over the past two years and said he has learned a great deal. Page 4 of 5 Planning Commission December 10, 2012 Election of Officers - City.Planner Pogge stated that Commissioner Dahlquist has resigned so the Commission needs to elect 'a new chair and vice chair. Motion by Commissioner Hansen, seconded by Commissioner Kelly, to nominate Kocon as Chairman. All in favor. Motion by Chairman Kocon, seconded by Commissioner Lauer, to nominate Hansen as Vice Chair. All in favor. Commission Openings - City Planner Pogge said there are two more openings on the Commission. The City has been doing outreach to attract new members. iPads - City Planner Pogge said a survey and cost benefit analysis was done which will be presented to the Council in January. If approved, Commission members should get iPads in March or April. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Hade, to adjourn the meeting at 8:04 p.m. Respectfully Submitted, Julie Kink Recording Secretary Page 5 of 5 DATE: January 10, 2013 APPLICANT: City of Stillwater REQUEST: Preliminary & Final Plat Approval Parking Ramp Plat CASE NO.: 2013 -01 LOCATION: 200 N. 2nd Street HEARING DATE: January 14, 2013 ZONING: CBD, Central Business District REVIEWERS: City Planner, City Attorney PREPARED BY: Bill Turnblad, Community Development Director BACKGROUND In order to simplify property ownership issues as well as straighten out some title and encroachment problems, the City decided to replat the property associated with the parking ramp project. Initially staff thought that the replatting process would require a formal public hearing and approval by the Planning Commission and City Council. However, upon further investigation of the Subdivision Chapter of the City Code, it is clear that it can be approved administratively. Specifically, City Code Sec. 32 -1, Subd 4(1)b3 states that only administrative (i.e. staff) review is necessary if the plat is not creating a new parcel and the resultant platted lots are not being reduced below minimum standards. • The property was already platted into lots. • The replatting does not create any additional buildable lots. In fact, redrawing property lines will result in fewer lots. • The Balay lot (Lot 2, Block 1, SPGLI Addition) increases in size from 9,098 square feet to 9,344 square feet. Also, Sec. 31 -1, Subd 4(3) states that if the Subdivision Code does not specifically address a land division scenario, and a new building site is NOT being created, then the proceeding can still occur without a public hearing, but the City Council must then approve the land division. The Page 2 land transfer to Balay that is accomplished by this replat was approved by the City Council in 2009. Consequently, staff now finds that the scheduled public hearing and Planning Commission review are unnecessary. COMMENT Both the Lowell Inn and the Parking Ramp are located on Lot 1, Block 1 of the plat. This is because the Lowell Inn annex is constructed partially within the lower level of the municipal ramp. So, instead of platting a lot line separating the two entities, Common Interest Community documents have been filed in the chain of title which specifically delineate property rights and responsibilities. REQUEST Take no action. attachments: Plat Balay land transfer document �TY OF ARA PPRKNG 4 �E 45 soc�..ft. 1 GAP AREA- : 7.06 � � 0■ jI i g % \-225 .ft. TO CITY / I EXHIBIT B ° \s'(ER\ \�� 0 �- 222 sq.ft. i i �, i ,(� TO CITY \ �._' \ o '738 sq.ft. c5o m TO BALM' "c) �� \ CA 0. 2 10 II/ 0�, 3 630 5 0 59,w S,0 %/ NORTH 20 A PARCEL EXCAHANGE DATA: A. TO CITY = 222 SQ.FT. B. TO CITY = 225 SQ.FT. C. TO CITY = 45 SQ.FT. TOTAL = 492 SQ.FT. (492 SQ.FT.) X (1 .5) = 738 SQ FT. D. TO BALAY = 738 SQ.FT. CCs O7N a cCs s, cCs i a0 WELL 0 CCs � ,' CCs 0 'y 9 j3 \ �° Z\ ., s000 t,r • y0--A . 40 Qa \ m 0 r SCALE: 1 INCH = 20 FEET SPGLI ADDITION OO NORTH 30 60 SCALE: (INCH = 30 FEET SCALE IN FEET V1C/N TY MAP SECTION 26. TOWNSHIP 30. P0.10 20 WASHINGION COUNTY warFlt �I9M un�ssuM[o � �v[,HI O 00003 50 1/ 2 IS NV/ IRON PIPE M0100 ▪ 000TO FOUND 1, 1,401 IRON AIONUMENr OI41.05 OTHERWISE IND.,. O 0.070 FOUND lu01.0. uxovau SET 1,0 )00001700 .00 COURT Mr MO. 82-CV-12-1751. CORNERSTONE LAND SURVEYING, ING SHEET 2 OF 2 SHEETS SPGLI ADDITION KNOW ALL PERSONS BY THESE PRESENTS; That SPGLI, LLP. a Minnesota limited liability partnersh0, Me owner of the following described property situated In the County of Washington, State of Minnesota, to wit: That part of Block 19, Original Town (now city) of Stilhvater, according to Myron Shepard's 90,600ed Plat of the City or Stillwater. dated May 31, 1878, on Nle and of record In the Office of the County Recorder, Washington County, Minnesota described as follows: BEGINNING at 51U01CIAL LANDMARK located at the southwest comer of Lot 17, said Block 19; thence on an assumed bearing of North 16 degrees 53 minutes 21 se onds West along the westerly line of Lots 17, 10, 19 and 20 a distance of 187.56 feel to a JUDO.. LANDMARK at the southerly line of the North Half of said Lot 20: thence North 73 degrees 41 minutes 42 seconds East along sold southerly line a distance of 50.34 feel to a JUDICIAL LANDMARK of the easterly line of the West One Third of Me North Half of said Lot 20; thence North 16 degrees 54 minutes 04 seconds West along said easterly line a distance of 25.32 feet to a JUDICIAL LANDMARK at the northerly line of said Lot 20; thence North 73 degrees 43 minutes 26 seconds East along Bald northerly line of said Lot 20 a distance of 100.67 feet to a JUDICIAL LANDMARK at the northeast tamer of said Lot 20, thence North 16 degrees 55 minutes 29 seconds West along the westerly line of Lot 6 a distance of 25.00 feet to &JUDICIAL LANDMARK at the northerly line of the southerly 25.00 feet of said Lot 6: thence North 73 degrees 43 minutes 26 seconds East along said northerly line a distance of 150,99 feet to a JUDICIAL LANDMARK at the easterly line of said Lot 6: thence South 16 degrees 57 minutes 38 seconds East along the easterly lines of Lots 6, 7, 8, 9, 10, 11, 12 and 13 a distance of 387.80 feet to the southeasterly corner of said Lot 13, said corner being witnessed by aJUDICIAL LANDMARK on the southerly extension of last described line distant 1.00 feet from said corner; thence South 73 degrees 18 minutes 39 seconds West along the southerly line of said Lot 13 and Lot 14 of said Block 19 a distance of 212:44 feet to a JUDICIAL LANDMARK at the southeast corner of the westerly 90.00 feet of said Lot 14; thence North 16 degrees 53 minutes 21 seconds West along the easterly line of the westerly 90.00 feet of Lots I4, 15 and 16 of said Block 19 a distance of 151.80 feet to &JUDICIAL LANDMARK at the north line of said Lot 16; thence South 73 degrees 28 minuses 58 seconds West along the southerly line of Lot 17 a distance of 90.00 feet to Me POINT OF BEGINNING. The comers and boundaries of Me above described property are marked by a Judicial Landmark consisting of a 2 Inch aluminum cap marked - JUDICIAL LANDMARK 61,5 25718' affixed on top of a 1/2. by 18' Iron pipe. Said Judicial Landmarks were set pursuant to By Its Secretary Interlocutory Court Order No. B2 -CV -B2 -1751. I hereby certify that I have surveyed and platted or dtrectly supervised the surveying and platting of the land descdbed on this plat as SPCU ADDITION; this plat Is a correct representation of the boundary survey; all mathematical data and labels are correctly designated: all monuments depicted on the plat have been correctly 1111011 water boundaries and wet lands as of MIS dare, as defined In Minnesota 515151,0 505.01, Subd. 3, are shown and labeled: and all m.rc ways ere shown and labeled. Daniel L. Thurmes, Land Sur STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing Surveyor's Certificat Thurmes, Lana Surveyor. 0,25710 as acknowledged be10re me 11111 Notary Public, Dakota County, Minnesota My Commission Expires January 31, 2015 __day of 2013 by Daniel L. PLANNING COMMISSION AND ZONING COMMISSION OF CITY OF STILLWATER. The foregoing plat of SPGLI ADDITION was approved and acceptetl by the Planning Commission of the City of Stillwater, Minnesota, this day of ,2013. By____-___--_, Its Chairperson 0,019s,. of TIUe No. Have caused the same to be surveyed and platted as SPGLI ADDITION. 17100.ss whereof said SPGLI, LLP, a Minnesota !Milted liability partnership, has caused these presents 10 be signed by Larry D. Hansen, Managing Partner, this __ day of 2013 SPGLI, LLP BY' Lam D. Hansen Managing Partner STATE OF MINNESOTA COUNTY OF WASHINGTON The foregoing instrument by Larry D. Hansen, Managing Partner of SPGLI, W. a Minnesota limited liability partnership on behalf of the partnership was acknowledged before me Mrs ___ day of __, 2013. Notary Public County, Minnesota My Commission Explre,January 31, 2015 WASHINGTON COUNTY SURVEYOR Pursuant to Chapter 820. Laws of Minnesota, 1921. 1010 plat has been 5 /0,70,0 lhiz __ day of 2013. By By Washington County Surveyor Assistant County 5orveyet WASHINGTON COUNTY AUDITOR /TREASURER There are no delinquent taxes, the current taxes due and payable for the year 2010 have been paid, and transfer has been entered this ___ day of 2011 By County AUdltar /Treasurer By Deputy Washington County REGISTRAR OF TITLES Document Number __ 06.5407 certlfythat this instrumem was filed 1n the Office of the Registrar of Titles for record on this day of 2003,,l__ ptlock -__ M., and was duly recorded In Washington County Records. by Washington County Registrar of Titles CORNERSTONE LAN SURVEYING, INC SHEET 1 OF 2 SHEETS T'-1 E BI RTHP3.ACE OF 'NI INNESOTA Planning Commission DATE: January 9, 2013 APPLICANT: City of Stillwater CASE NO.: 2012 -31 REQUEST: A zoning text amendment to §31 -325 of the Stillwater City Code to allow City Council review of Special Use Permits. MEETING DATE: January 14, 2013 REVIEWED BY: Community Development Director PREPARED BY: Michel J. Pogge, City PlanneS BACKGROUND In response to the Rafters roof top patio SUP request, the City Council at their August 21st meeting asked that City Staff draft an amendment to the zoning code that requires special use permits for all roof top patios and above ground patios be reviewed and considered by the City Council. Currently the Planning Commission has the authority to approved SUPs for this type of use. The Planning Commission held public hearing and reviewed the request at their September 10, 2012 meeting. No public comments were received by the Commission during the hearing. During the Commission's discussion they were concerned that the proposed ordinance was unnecessary and that the current system works fine. The Commission recommended that the City Council reject the ordinance amendment as proposed on a 4 -1 vote (Commissioner Lauer voting no). On October 16th the City Council heard the first reading of the proposed ordinance amendment and requested that the language be altered. Specifically, the requested changes were to make the ordinance apply to SUPs in general (not specific to roof top patios), and that the Planning Commission would continue to review and issue most Special Use Permits except when accountability or unusual public safety concerns arose. On December 4th the revised language was presented to the Council. At that time the Council directed staff to present the revisions to the Planning Commission for review and discussion. Zoning Text Amendment related to roof top patios and above ground patios Page 2 of 2 DISCUSSION Staff suggests that adding the underlined red highlighted language as follows to the Special Use Permit section of the zoning code could create the desired changes: Sec. 31 -207 Special Use Permit and Conditional Use Permit (c) Procedure. Issuance procedure is as follows: (1) The planning commission is authorized to issue special use permits and conditional use permits for all uses designated in the district regulations of this chapter as permitted by a special use permit or conditional use permit. 1 However,. on the rare occasion when accountability is an issue, the planning__ commission may refer a conditional use permit or speciai_usepertnit to_ the _City Council. REQUESTED ACTION Staff request that the Planning Commission consider the ordinance amendment and make a recommendation to the City Council. Attachment: Ordinance For conditional and special use permits in the CA, General Commercial Zoning District, Fioodplain Overlay District and the St. Croix River Overlay District, the city council shall be the final decision authority. Additionally, the city council shall be the final decision authority for those specific conditional or special use permits so noted in the use tables of Section 31 -315 and Section 31 -325. Y 2012. ORDINANCE NO. AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY PROVIDING FOR REFERRAL OF SOME SPECIAL USE PERMITS TO THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Purpose. The City of Stillwater finds that some Special Use Permits and Conditional Use Permits have more inherent risk and potential to disrupt neighboring properties. When these Use Permits cone before the Planning Commission for consideration. the Planning Commission may find it appropriate to forward their review to the City Council. 2. Amending. City Code Chapter 31, Section 31 -207 is amended by adding the following language to (c) (1): However, on the rare occasion when accountability is an issue, the planning commission may refer a conditional use permit or special use permit to the City Council. 3. Savings. In all other ways City Code Chapter 31 shall remain in full force and effect. 4. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of CITY OF STILLWATER Ken Harycki, Mayor ATTEST: Diane F. Ward, City Clerk