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Home My WebLink About2014-06-11 CPC MIN PLANNING COMMISSION MEETING MINUTES June 11, 2014 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:04 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Kelly, Lauer, Middleton, Siess, Council Representative Weidner Absent: Commissioners Hansen and Hade Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to approve the May 12, 2014 meeting minutes. All in favor, 7-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2014-17 Request for a Special Use Permit to add a coffee counter and 12 seats to the existing store. Mama Luna Apothecary, 402 Main Street North. ABS Lo. Monty Brine, owner and Kiva Sherr- Nelson, applicant. City Planner Wittman explained that the property owner is seeking approval of a Special Use Permit for a 300 square foot coffee service counter to be added to the retail sales at Mama Luna Apothecary, and the use of an existing outdoor eating area. Staff recommends approval with the following conditions: 1) all changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval; 2) all exterior alterations, including new signage, shall go to the Heritage Preservation Commission for review and approval; 3) plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. Chairman Kocon opened the public hearing. Jesse Nelson, applicant, informed the Commission that the landlord pays for parking in the parking lot across the street and encourages employees to use it, freeing up street parking for customers. Chairman Kocon closed the public hearing. Planning Commission June 11, 2014 Motion by Commissioner Collins, seconded by Commissioner Lauer, to approve the Special Use Permit with conditions recommended by staff. All in favor, 7-0. Case No. 2014-18 Request for Rezoning from RA (One Family Residential) to PROS (Parks, Recreation, or Open Space) and a Special Use Permit for an Off-Leash Dog Park Recreation Area at 2000 Myrtle Street West. City of Stillwater, owner and Allison McGinnis, applicant from Friends of Stillwater Area Dog Park, Inc. City Planner Wittman summarized the request. Friends of Stillwater Area Dog Park, Inc. is requesting the Planning Commission recommend to the City Council the rezoning of a city-owned parcel from RA (One Family Residential) to PROS (Park, Recreational or Open Space) and approval of a Special Use Permit for an off-leash dog park. FSADP proposes to install a five foot tall chain link fence around a third-acre portion of the site. Entrance to the off-leash fenced area would be through a double (or triple) gated area that allows dogs to be taken off their leash without running at large. FSADP is proposing the utilization of existing parking and drive areas (off of Highway 12) to be shared with the existing uses. No water, lighting, or portable toilets are proposed for the dog park portion of the site. No impervious surface is proposed. If the site falls into disrepair, the City may revoke the Special Use Permit. Neighbors within 350 feet were noticed and no comments were received. FSADP also notified all neighbors prior to submitting the application to the City. Staff recommends approval of the rezoning and conditional approval of the Special Use Permit. Chairman Kocon opened the public hearing. Allison McGinnis of FSADP stated the group will take care of issues that may arise. Chairman Kocon asked what average capacity would be? Ms. McGinnis replied the park would probably have 15-20 dogs. Commissioner Siess asked if there would be a maximum capacity. Ms. McGinnis responded that dog parks usually rely on the natural tendency of people not to go in if it’s too crowded. Councilmember Mike Polehna stated he has been involved with the site since the early 1980s as the Jaycee Ballfields. He views the proposal as an opportunity to clean up the area and supports the request. Jennifer Braun, 1245 Bergmann Drive, spoke in support of the proposal. Chairman Kocon asked about the potential for dog fights. Ms. Braun replied that owners need to be responsible and aware of their surroundings. Ms. McGinnis added that there would be rules in place to minimize fighting among dogs. When dogs are off leash and not restrained, on more neutral territory, it usually lessens aggression. Chairman Kocon closed the public hearing. Page 2 of 5 Planning Commission June 11, 2014 Commissioner Kelly said he would like to include installation of a waste bag dispenser as a condition. Commissioner Fletcher noted that FSADP is a passionate and involved group - that makes her feel good about the proposal. Motion by Commissioner Lauer, seconded by Commissioner Fletcher, to recommend approval of the rezoning and to approve the Special Use Permit with conditions recommended by staff and adding as a 10th condition the installation of a waste bag dispenser. All in favor, 7-0. Case No. 2014-19 Request for a Special Use Permit for an addition of a Coffee Shop to the existing Valley Bookseller store at 217 Main Street North. Dan and Molly Priebe, owners and Tim and Megan Palm, applicants. City Planner Wittman explained that the applicant is requesting approval of a Special Use Permit for a 720 square foot coffee shop to be located in a portion of the existing Valley Bookseller building, and the use of an existing outdoor eating area. Staff recommends approval with the following conditions: 1) all changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval; 2) all exterior alterations, including new signage, shall go to the Heritage Preservation Commission for review and approval; 3) plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit; 4) the Downtown Parking Commission’s decision on the method of mitigating the increased parking demand shall be incorporated into the coffee shop’s Special Use Permit as a condition of approval. Chairman Kocon opened the public hearing. There were no public comments. Chairman Kocon closed the public hearing. Motion by Commissioner Middleton, seconded by Commissioner Siess, to approve the Special Use Permit with conditions recommended by staff. All in favor, 7-0. Case No. 2014-20 Request for Preliminary Plat Annexation/Subdivision/Rezoning/Variance Setback on the corner of McKusick Road North and Manning Avenue North. Settlers Pines LLC, owner and Chris Aamodt, applicant. Community Development Director Turnblad reviewed the request. Chris Aamodt, Settler’s Pines, LLC, plans to develop 17.5 acres of land in the southeast quadrant of the intersection of McKusick Road and Manning Avenue. Fifty-five lots are proposed as part of this plat, to be known as Rutherford Station. In order to develop the property as proposed, the applicant has requested approval of the following: conceptual approval of annexation of the development property and of the abutting Marylane Avenue; rezoning to RB, Two-Family Residential; variance of 50 feet for Lots 3- 6, Block 5 to allow homes to be built 50 feet from the Manning Avenue right-of-way rather than the 100 foot minimum required; variance of 5 feet for Lots 7-12, Block 5 to allow homes to be built with a combined sideyard setback of 10 feet rather than 15 feet; preliminary Plat of Rutherford Station, a 55 lot single family development. Staff recommends approval of the preliminary plat, variances, rezoning and annexation with the following conditions: 1) the site shall be developed in substantial conformance with the following plans on file with the Community Development Department, except as may be modified by the conditions herein: Page 3 of 5 Planning Commission June 11, 2014 Preliminary Plat; Preliminary Plat Grading Plan; Preliminary Plat Utility Plan; Berm & Screening Plan; 2) the annexation, variances and rezoning will not take effect until the final plat is approved by the City Council; 3) the annexation petition will not be considered approved, nor may it be filed with Minnesota Municipal Board, until both the final plat and development agreement are approved and executed by the City and developer; 4) civil engineering plans submitted with final plat application materials must be consistent with the City Engineer comments found in this report, and the plans must be found satisfactory to the City Engineer; 5) the developer shall submit a grading permit application to Brown’s Creek Watershed District. Any permit conditions that the City Engineer finds necessary to include in the final plan set shall be included in the final plat application package; 6) this development will be responsible for paying $2,500 per lot to the City for park and trail dedication fees. These fees may be reduced by crediting trail construction costs if found acceptable to the Park Commission and City Council and thereafter included in the Development Agreement associated with this plat. These fees will be due prior to release of the final plat from the City for recording with Washington County; 7) all electrical and communications utility lines shall be buried. This shall be specified in the plans submitted for final plat approval; 8) storm ponds should be designed to reflect the new rainfall data from National Weather Service Atlas 14; 9) this development will be responsible for paying the Trout Stream Mitigation Fee of $10,277.70 per acre; the Transportation Adequacy/Mitigation Fee of $17,600.20 per acre; and trunk sewer and water fees of a total of $13,338.53 per acre. The Transportation Adequacy/Mitigation fee may be reduced by crediting Marylane Avenue improvement construction costs if found acceptable to the City Council and thereafter included in the Development Agreement associated with this plat. These fees will be due prior to release of the final plat from the City for recording with Washington County; 10) a landscaping/tree planting plan consistent with the City Forester’s review comments must be submitted together with the final plat application materials; 11) Home Owner’s Association documents including stormwater facilities maintenance must be submitted with final plat application for approval by the City. When approved by the City, they must be filed together with the final plat; 12) the developer shall submit right-of-way permit application(s) to Washington County for any work within County right-of-ways, including connection(s) to County trails. Chairman Kocon opened the public hearing. Chris Aamodt, applicant, told the Commission he has been working on the proposal for a long time and is pleased with the cooperation between the County, City, and developer. Commissioner Siess asked for clarification on where the garages will be in conjunction with the sideyard setback variance. City Planner Wittman said the sideyard setback variance requested for the six lots allows for the flexibility of various types of house plans as they are submitted through the standard building permit process. Community Development Director Turnblad added that most of Liberty has a five foot sideyard setback. In this proposal, the 65 feet wide lots with 15 feet of combined setback would leave a 50 foot wide building footprint which would be very tight. That is why staff recommended the variance, to maintain the necessary density. Chairman Kocon closed the public hearing. Page 4 of 5 Planning Commission June 11, 2014 Commissioner Kelly noted the variances requested result in setbacks that are consistent with other homes on Manning. Chairman Kocon stated the Commission needs to adhere to the requirements of the comprehensive plan. Commissioner Fletcher stated in regard to Condition #10, the plans should fully comply with the City Forester’s recommendations. Motion by Commissioner Fletcher, seconded by Commissioner Middleton, to recommend conceptual approval of the annexation, preliminary plat, subdivision, rezoning and setback variances as conditioned, amending condition #10 that the landscaping tree planting plan shall fully comply with regulations. All in favor, 7-0. OTHER BUSINESS Trails Master Plan Draft Vision/Guiding Principles Melissa Douglas, consultant, updated the Commission on progress of the Trails Master Plan. A public workshop to consider the planning scope and guiding principles is scheduled in another month. She would like concept approval of the draft plan. Chairman Kocon remarked he would like the trails to link the neighborhoods to commercial areas and to public transit. Link is a stronger word than connect. Commissioner Fletcher stated she really likes the vision statement. She would like the plan to acknowledge that good trails are an economic benefit to the City, and asked that bike parking be addressed in the plan. Ms. Douglas led discussion of city-wide trail planning issues, and identified specific corridors and locations for additional consideration. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Chairman Kocon, to adjourn the meeting at 9:17 p.m. All in favor, 7-0. Respectfully Submitted, Julie Kink Recording Secretary Page 5 of 5