HomeMy WebLinkAbout2014-01-13 CPC MIN(499ateir
iME 11RTMOLACE Of MINNESOTA
PLANNING COMMISSION MEETING MINUTES
January 13, 2014
REGULAR MEETING
Chairman Kocon called the meeting to order at 7:00 p.m.
7:00 P.M.
Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer,
Middleton, Siess, Council Representative Weidner
Absent: None
Staff: City Planner Wittman
APPROVAL OF MINUTES
Motion by Commissioner Hade, seconded by Commissioner Collins, to approve the December 9, 2013
meeting minutes. Motion passed 9 -0.
OPEN FORUM
There were no public comments.
PUBLIC HEARINGS
Case No. 2014 -1. Request for an amendment to a Special Use Permit for the expansion of an elementary
school, a permitted special use located at 6355 Osman Avenue in the RA, One Family Zoning District.
Kristen Hoheisel representing ISD 4834, applicant.
City Planner Wittman explained that the applicant is requesting an approximately 2,300 square foot
expansion to create a new entrance to the school. The addition will be situated in the open courtyard
area at the western entrance to the school. The entrance will provide for a more secure entryway
while bringing the administrative offices closer to the front entrance. Staff recommends approval.
Dennis Bloom, District 834 Director of Operations, explained the project will require all visitors to
sign in through the main office before having direct access to the school. This will provide more
security for students and staff
There were no public comments. Chairman Kocon closed the public hearing.
Motion by Commissioner Collins, seconded by Commissioner Hansen, to approve the amendment to the
Special Use Permit for the expansion of an elementary school. Motion passed 9 -0.
Planning Commission
January 13, 2014
Case No. 2014 -2. Request for an amendment to a Special Use Permit for the expansion of a junior high
school, a permitted special use located at 523 Marsh Street in the RE, Two Family Zoning District.
Kristen Hoheisel representing ISD 4834, applicant.
City Planner Wittman summarized the request. The applicant is requesting a 194 square foot
expansion to create a new vestibule at the existing north entrance to the school to provide for a
secure entryway. Staff recommends approval.
Mr. Bloom stated that the addition will designate the front entrance more clearly and direct visitors
to the front desk before being able to access the rest of the school.
There were no public comments. Chairman Kocon closed the public hearing
Motion by Commissioner Fletcher, seconded by Commissioner Siess, to approve the amendment to the
Special Use Permit for the expansion of a junior high school. Motion passed 9 -0.
Case No. 2014 -3. Request for a Special Use Permit for a proposed brewery and tap room facility with
outdoor seating, and variance to the parking regulations for the structure located at 225 Main Street
North in the CBD, Central Business District. Frank Fabio, owner.
City Planner Wittman stated the applicant is requesting: a special use permit for a micro - brewery; a
special use permit for a tap room to include outdoor seating; and a variance to the off - street parking
regulations (45 parking spaces required, 27 available). A coffee trailer was approved for the property
last fall which would occupy three parking spaces. The applicant indicated the two uses are
exclusive and would not be operating simultaneously. She reviewed nine possible conditions of
approval. Staff recommends approval with conditions.
Frank Fabio, applicant, discussed the proposal and the conditions of approval recommended by staff
He hopes to open by May. The business would be contained on the main level with no associated
uses upstairs. The coffee trailer would be shut down at noon, so it would never be open at the same
time as the microbrewery. There is an area in southeast corner that is large enough for an external
trash receptacle with fence around it. Under his current loan, the parcels are all separate. If he needs
to combine the parcels (PIDs) as a condition of approval, he may have to redo the loan.
Commissioner Kelly commented that combining the PIDs is a good idea; he doesn't think it will
cause a problem with the loan.
Chairman Kocon acknowledged the comments in the Thomas Wortman and Mary Franzmeier letters
and closed the public hearing.
Chairman Kocon said he would not want the brewpub and coffee trailer to be open simultaneously
due to concerns about traffic flow within the site. He asked if this could be a condition of approval.
City Planner Wittman responded yes, but the condition would be hard to enforce.
Commissioner Hansen said he doesn't see a need to add that restriction as he believes it will be self
regulating.
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Planning Commission
January 13, 2014
Council Representative Weidner suggested with the seasonal coffee trailer, there appears to be too
much going on on that property right now.
Commissioner Hansen remarked that the Commission has approved other seasonal vendors on much
smaller properties with no parking lots.
Commissioner Middleton expressed concerns about traffic flow.
Commissioner Hade stated that the brew pub is a great idea but he believes the coffee trailer will
create traffic issues on Main Street.
Commissioner Collins asked if the combination of the PIDs would be a deal - killer for the applicant.
City Planner Wittman noted that an alternative to requiring that the parcels be combined would be to
enter an agreement with the property owner stating that the parcels cannot be sold separately.
Mr. Fabio responded he intends to keep all three parcels together.
Motion by Commissioner Fletcher, seconded by Chairman Kocon, to approve the Special Use Permit for
the brewery and taproom and the variance as conditioned, with revisions to Condition 44 that a trash
shall be stored at the southeast corner of the lot and that a screening plan shall be approved by the
Heritage Preservation Commission, and to Condition 48 that the property owner enter an Agreement to
be approved by the City Council that the three parcels may not be sold separately until such time as all
zoning requirements are met, and adding a condition that there be no outdoor storage. Motion passed 6 -3
with Hade, Siess, and Lauer voting nay.
Case No. 2014 -4. Request for a 50' variance to the 100' Manning Avenue setback for the future platting
of a low /medium density residential development located on three lots in Stillwater Township. Chris
Aamodt, Settler's Pines, LLC and James DeBenedet, applicants.
City Planner Wittman summarized the request. The applicant is requesting a 50' variance to the 100'
setback for three parcels located along Manning Avenue in Stillwater Township for construction of a
51 -lot residential neighborhood development. The variance is being requested before the preliminary
plat and annexation because the development potential and design would be dramatically altered if
the variance is not granted. Washington County is proposing to take a 50' strip of land along the
western boundary of these parcels for the continuation of the Manning Avenue Trail and the
expansion of Manning Avenue. When this occurs, the 100' Manning setback will be enforced from
the new ROW line. Staff recommends approval with two conditions plus the additional condition
that approval be contingent on Joint Board approval if required.
Commissioner Hade and Chairman Kocon questioned the authority of the Commission to review the
proposal since the property is in the township.
City Planner Wittman replied that City Attorney Magnuson had indicated that the Commission has
authority to review it.
Commissioner Hade suggested tabling the issue and asking City Attorney Magnuson to come to the
next meeting to explain why the Commission has jurisdiction over the request.
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Planning Commission
January 13, 2014
Commissioner Kelly stated he is OK with reviewing the proposal because one of the conditions of
the variance is that the property would have to be platted before the variance becomes effective. He
understands that before the owner goes through the expense of annexation, he would like to know if
it needs to be platted with or without the extra 50'.
Chairman Kocon stated he is OK with reviewing the request because there are a lot of other actions
that have to happen before final approval. Commission review is a useful exercise that tells the
property owner which way the Commission is leaning on the variance.
Chris Aamodt, the developer, explained that in a previous development, Liberty West, he was given
Planning Commission advice on a concept plan which then went forward to the City Council. So the
Planning Commission can make decisions now contingent on future final plat approval. To go
forward with any civil engineering, he needs to know whether or not the variance request would be
acceptable to the Planning Commission.
Chairman Kocon asked the developer and engineer about lot lines, setbacks and ROW.
Jim DeBenedet, engineer for the project, said as drawn the lots are 170' deep and will lose 50' due to
the Right of Way (ROW) change. Adjustments will have to be made to make the resulting lots a
little deeper, for instance 130'. The width of the lots will be 72'. If the variance is not granted, they
would have to move the street to the east and lose six lots. This would also result in the development
density being too low to comply with the zoning regulations. The developer feels the single family
home is best for this neighborhood and fits the market today. There isn't much of a market for
townhomes right now.
Kathy Hemen, 8233 Marylane Avenue, pointed out that Manning is a very heavily traveled road that
will have more traffic when it becomes four lane. She cited the potential for future noise issues,
traffic congestion, and public safety especially with the Gateway Trail being so near. She
encouraged the Commission to wait until after annexation before making a decision.
Eric Fosgate, 8355 Manning Avenue, told the Commission he would apply for annexation if it would
help the process.
Chairman Kocon closed the public hearing.
Commissioner Hansen stated he feels the plan accomplishes the Low - Medium Density delineated in
the Comprehensive Plan. He likes the idea of having single family homes on this property and has no
problem granting the variance.
Commissioner Hade said he doesn't think the Commission has the authority to render advisory
opinions on the issue because the property is outside the City.
Chairman Kocon pointed out with the berm and landscaping, some of the noise issues may be
mitigated. The Commission must grant the variance if the development is to comply with the
Comprehensive Plan.
Motion by Commissioner Hade, seconded by Commissioner Siess, to table the request in order to obtain
further information from the City Attorney outlining the Commission's jurisdiction. Commissioner Siess
rescinded her second. The motion to table died for lack of a second.
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Planning Commission
January 13, 2014
Motion by Commissioner Hansen, seconded by Commissioner Lauer, to approve the variance request as
conditioned, with added conditions that the final plat must be approved by the Planning Commission and
the Council, and that the variance be reviewed by the Joint Board if applicable. Motion passed 7 -2 with
Commissioners Siess and Hade voting nay.
NEW BUSINESS
There was no new business.
OTHER BUSINESS
Commissioner Hade asked for clarification about why some business uses come before the
Commission and others don't.
City Planner Wittman responded that it has to do with the use proposed. She will provide
documentation in the next packet about what items come before Commission according to the
zoning ordinance. She also will get all members a copy of the Annexation Agreement, and ask City
Attorney Magnuson to provide a statement of order about the annexation and approval process. She
will try to put the Comprehensive Plan and other materials into the Dropbox folder for
Commissioner access.
ADJOURNMENT
Motion by Commissioner Hansen, seconded by Commissioner Siess, to adjourn the meeting at 10:10
p.m. Motion passed 9 -0.
Respectfully Submitted,
Julie Kink
Recording Secretary
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