HomeMy WebLinkAbout2014-11-12 CPC Packetillwater
THE BIRTHPLACE OF MINNESOTA
PLANNING COMMISSION MEETING AGENDA
Wednesday, November 12, 2014 - 7:00 P.M.
Council Chambers at Stillwater City Hall, 216 North Fourth Street
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
A. October 8, 2014
IV. 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 five minutes or less
V. 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.
A. Case No. SUP/ 2014-31. Continuation of a request for a Special Use Permit to create an event
venue at 120-124 South Main St. Judd Sather, applicant.
B. Case No. SUP/2014-33. Request for a Special Use Permit to allow for overnight lodging in
the 2nd story apartment located at 120 Main St N. Katherine Francis, property owner and
applicant.
VI. OTHER BUSINESS
A. Master Trail Plan Discussion
VII. ADJOURNMENT
TME NINTNYLACE OF MINNESOTA
PLANNING COMMISSION MEETING MINUTES
October 8, 2014
REGULAR MEETING 7:00 P.M.
Chairman Kocon called the meeting to order at 7:00 p.m.
Present: Chairman Kocon, Commissioners Collins, Hade, Hansen, Lauer, Middleton (arrived at
7:05 p.m.), Siess, Council Representative Weidner
Absent: Commissioners Fletcher and Kelly
Staff: City Planner Wittman
APPROVAL OF MINUTES
Commissioner Siess commented that the minutes are very weak and more details are needed
especially on split votes and contentious items. The detail included in the minutes has changed over
time. The minutes didn't reflect that the meeting was very contentious.
City Planner Wittman responded that the City contracts with a third party to do minutes. She can
pass on to City Administration and the third party that more detail is needed in the minutes.
Chairman Kocon agreed that particularly where there is a split vote, it would be great if the reasons
for the votes were reflected in the minutes.
Commissioner Lauer stated in the September 10, 2014 minutes, it was Commissioner Collins who
requested a correction of the previous month's minutes.
City Planner Wittman stated Commissioner Fletcher should have been noted as saying something
attributed to Commissioner Lauer. She will correct this.
Motion by Commissioner Lauer, seconded by Commissioner Collins, to approve the September 10,
2014 meeting minutes as amended. All in favor, 7-0.
OPEN FORUM
There were no public comments.
PUBLIC HEARINGS
Case No. SUP/2014-30. Request for a Special Use Permit and associated Variances to convert a two -
stall detached garage to accessory dwelling unit to be located at 119 Chestnut Street West, Jeff and Julie
Anderson, applicants.
Planning Commission October 8, 2014
City Planner Wittman explained the request. Jeff and Julie Anderson are planning to expand their
detached garage by constructing an addition to the east, as well as a southern portico, to
accommodate an accessory dwelling unit. Two balconies are proposed. To receive a building permit
for the planned accessory dwelling unit, the following items would need to be approved by the
Planning Commission:
1. Special Use Permit for an accessory dwelling unit
2. Variance from the maximum number of permitted stories (a total of three stories is proposed)
3. Variance from the 30 foot setback required from the 4th Street right-of-way
4. Variance from the 30 foot bluff setback requirement.
Staff recommends approval of the Special Use Permit with the following conditions:
1. The maximum size of the accessory dwelling unit shall be 800 square feet
2. A Design Review Permit shall be obtained from the Heritage Preservation Commission prior to
the submittal of an application for a building permit
3. Prior to the issuance of a building permit the property shall have entered into a lot line agreement
for that portion of Lot 7, Block 31 to fulfill parking requirements onsite
4. A building permit shall be obtained prior to construction of the dwelling unit. The building permit
shall clearly show the maximum height of the accessory structure, in correlation to the height of
the existing residence
5. Prior to the issuance of a Certificate of Occupancy, the accessory dwelling unit shall be connected
to municipal sewer and water.
Staff further finds practical difficulty has been established regarding the variances related to number
of stories and a 24.9 foot front/exterior (side) yard setback and recommends approval of the stories
and yard setback variances. Staff recommends denial of the 30 foot variance to the steep slope
setback. Reducing the size of the structure and redesigning it could reduce encroachment of the
bluff.
Commissioner Hansen asked what specifically is it in the Comprehensive Plan that this is not in
compliance with.
City Planner Wittman responded that the natural resources section of the Comprehensive Plan
discourages construction on steep slopes.
Commissioner Collins asked if there was any opposition to the plan as currently proposed.
City Planner Wittman replied Staff has not received any opposition.
Jeff Anderson, applicant, stated he thought the garage was original to the house (1881) because it has
the same foundation as the house.
City Planner Wittman responded the assessor's records indicated 1950, but they are not always
correct.
Mr. Anderson said he and his wife had Roger Tomten, architect, draw up several plans and options
which they took around to the neighborhood. Then they realized that the plan to build on the existing
footprint would have impeded the view of some of the neighbors and it would not be right to do that.
Page 2 of 9
Planning Commission October 8, 2014
They don't want to impede their neighbors' view. So they went back to the drawing board for a
proposal that would have minimum environmental impact, and would better respect the views and
the neighborhood. This new proposal allows them to go to the east. This is the only way to do it
without creating visual obstruction for neighbors to the east and also from the river side. It is
probably less intrusive looking from every angle. He urged Commissioners to grant the variance.
They understand there are concerns about bluffs. The architect has a plan for mitigation of any
possible consequences to the bluff.
Roger Tomten, Archnet, reviewed the process used to design the proposed addition three
dimensionally. Throughout four different design plans, it was determined they would build to the
east, and stay below the existing ridge line that is there now. This is the first time he has had a client
openly go around to the neighbors and ask them to help design the project. Any runoff from new
construction that would flow toward the river will be incorporated into gutters and rain barrels,
captured and used for irrigation on the property. In addition, all new construction will stay behind
that existing fence line except for one pier on the portico. This will help mitigate any erosion. In
discussions with Staff, it was mentioned a structural engineer might be hired to ensure there is no
hazard of the building sluffing down the hill in the future. The applicants are happy to do this with
anyone recommended by the City. They feel the current design is the best solution in terms of the
neighbors' viewshed. By not making the garage taller, they are decreasing the amount of impact on
the bluffline. He offered to answer questions.
Chairman Kocon asked, are all the different designs for 800 square feet? The proposal does a very
good job of addressing all the issues of the neighbors but still runs afoul of the bluffline restriction.
Mr. Tomten replied that all designs are right around 800 square feet in size.
Chairman Kocon remarked that the bluffline is still the "elephant in the corner."
Commissioner Siess noted the staff report says the structure is proposed to be located within 30 feet
of the steep slope.
Mr. Tomten stated the corners of the building are five feet off the bluffline. The 30 foot setback goes
right to the northeast corner of the existing foundation. Then it takes a sharp jog to the south because
that is the edge of the road.
Chairman Kocon asked if the parking spaces will be pervious or impervious.
City Planner Wittman replied that all the parking requirements can be met with the existing spaces.
One area is already impervious that would accommodate two vehicles.
Commissioner Middleton asked the architect to provide elevations along the retaining wall moving
from west to east, and asked what the wall is made of.
Mr. Tomten responded it's a keystone cement face masonry material.
Mr. Anderson stated they are proposing to retain an open parking area built about 15 years ago with
keystone block, and adding a fourth stall.
Page 3 of 9
Planning Commission October 8, 2014
Commissioner Middleton asked what is the grade from existing garage to the bottom of the
retaining wall.
Mr. Tomten replied it's fairly flat.
Commissioner Middleton asked if the applicant has ever had any erosion problems.
Mr. Anderson replied he has had no problems at all - no shifting, no cracks.
Chairman Kocon opened the public hearing.
Spike Carlsen, 220 4th Street South, stated the applicants kept them apprised of the design every step
of the way. The things they do are top notch. This is the old part of town, it's goofy, an area where
variances are frequently asked for. He supports every part of the plan. It will look great.
John Clemency, 205 West Chestnut, said the applicants took the plan to him and listened to his
concern that six months of the year when leaves are off trees it would take away his view. Mr.
Anderson immediately contacted the architect and revised the plan. He is perfectly fine with the
present plan and fully supports it.
Richard Kilty, 105 West Chestnut, stated he has not been contacted though he owns property
immediately to the east. He asked the applicant if they would rent the space above the garage. He
also noted they don't use the garage, they park on the street. He doesn't think the variance should be
granted because the area is on top of pilings placed there when a swimming pool was put in.
Mr. Anderson responded his family has three boys who had three cars. All of them are out of the
home now. They try to use the garage as much as they can but it is in disrepair right now. He
apologized for not contacting Mr. Kilty. He didn't think of Mr. Kilty as the property owner because
it was the apartment building and Mr. Kilty does not live there. Regarding the swimming pool
project that was a disaster several years ago, that has nothing to do with this proposal. It has been
corrected. They do not intent to rent the dwelling unit. They intend to use it as a studio for their own
personal use.
Chairman Kocon closed the public hearing.
Commissioner Hansen stated he remembers a different case on the north side of Chestnut that had a
bluffline issue - the Commission allowed it because they felt it was engineered in a way that would
reinforce the bluffline. He would say he is in favor of this proposal. It's honorable that the applicants
reached out to the neighborhood and that the design is respectful to the neighbors. He would like to
hear ways it is intended to be engineered into the bluffline so it won't further erode. He suggested
another condition be added that the design would need to be reviewed by an engineer. From the
standpoint of addressing all the points, the major issue seems to be the bluffline setback. He would
be comfortable stating that the Comprehensive Plan has guided the Commission to address that as a
City, and that the City has therefore addressed it.
City Planner Wittman stated she believes what Commissioner Hansen is saying is that there is no
conflict - the City has already addressed the Comprehensive Plan concerns through the zoning
ordinance. She would recommend requiring the applicant to contract with an engineer to develop
those plans.
Page 4 of 9
Planning Commission October 8, 2014
Chairman Kocon remarked he agrees with Commissioner Hansen, the applicant has worked with the
neighborhood very well to address concerns. That is admirable. His concern is the bluffline.
Commissioner Hansen has suggested a way to work with the constraints that are there. He thinks no
one wants to see the bluff on Main Street or homes rushing down the hill. He too would support the
proposal, with the additional condition of engineered plans being submitted. There has to be a plan
that is making this a structurally sound building and topography that is not going to slide down the
hill.
City Planner Wittman suggested requiring a geotechnical engineer instead of a structural engineer as
a geotechnical engineer would look at how a structure placed on the land would be supported. It
would be submitted to City as part of the building permit plans.
Commissioner Siess stated she loves the property and thinks the applicants treat their neighbors
wonderfully. But she feels the proposed setback is too close for her.
Commissioner Collins stated he likes the fact that the applicant has talked with neighbors and has
been very open with them, that they were willing to change the plan when they heard from neighbors
who were not supportive, and that the height of the garage doesn't change. The way it's designed it
fits more with what is currently there. His concern is the bluffline He would feel a lot better with the
inclusion of a geotechnical engineer's review and he can get behind that.
Motion by Commissioner Hansen, seconded by Commissioner Middleton, to recommend approval of
Case SUP/2014-30, a Special Use Permit and Variance to convert a two -stall detached garage to
accessory dwelling unit, and associated variances, with five conditions recommended by staff, adding a
sixth condition that the plans be submitted with geotechnical engineered plans for construction as part of
the building permit application. Motion carried, 5-2, with Commissioners Lauer and Siess voting nay.
Case No. SUP/2014-31. Request for a Special Use Permit and Variance to create an event venue above
120, 122, 124 South Main Street with a parking variance, Judd Sather, applicant.
City Planner Wittman summarized the request. Judd Sather is proposing the installation of a two-
story event center. The two -phased plan includes opening the first floor of the establishment first,
with the second floor expansion to follow within the next few years. The second phase would also
include a catering kitchen on the second floor. The business is to be known as JX Events Center.
Since there is no on-site parking, the Parking Commission will review alternative parking options at
its October 23, 2014 meeting. Staff is waiting for more detailed floor plans and associated
information to share with other departments for their review. Regarding ADA compliance - The
Building Inspector and Assistant Fire Chief have visited the site and determined that with certain
upgrades, plans could be submitted to approve the applicant's ability to meet interior requirements.
Staff recommends imposing a condition that the applicant shall secure all necessary building, fire
and health department permits prior to opening. The Building Inspector and Assistant Fire Chief
have indicated the most significant challenge will be determining accessible exits, accessible routes
and accessible parking spaces. The nearest public parking is not close. Right now the only accessible
entrance is off Main Street, however this Main Street location has no parking or stopping so there is
no direct access to an accessible exit. There would need to be some accessibility improvements with
the first phase to achieve ADA compliance. With the potential of 1200 occupants, there would be the
requirement of 400 parking spaces. Security and noise were identified as potential issues by the
Police Chief. The applicant indicated he would do extensive soundproofing but has not yet submitted
Page 5 of 9
Planning Commission October 8, 2014
plans or details. The applicant also indicated he hires security staff for his current event venue, the
Loft at Studio J. Staff proposes the Planning Commission continue the request until alternative
parking options have been determined and that more information be requested, specifically:
accessible exits and route plan depicting access to accessible parking spaces; a parking plan
depicting alternative parking provisions, which has been determined by the Downtown Parking
Commission to be acceptable; an event security plan; and soundproofing details.
Commissioner Middleton asked if the monthly parking fee has anything to do with the application.
City Planner Wittman replied that the Downtown Parking Commission has identified some options
for businesses that don't have onsite parking. For instance, if a business is short 10 spaces, they pay
$10/month for that number of spaces. There are other unique circumstances in which the City
accepts a percentage of the total sales of the business as an income generator for the parking system.
The Downtown Parking Commission has a handle on how many spaces there are downtown to
weigh out the best solution. In other circumstances, the use of shared facilities is recommended.
Other options are a valet system or other sort of unique compromise or use of spaces in the Chestnut
Building.
Judd Sather, applicant, reminded the Commission that he obtained a Special Use Permit for the Lofts
and Studio J about a year and a half ago. He does 90% weddings. Clients usually ask about parking.
The point person for the event tells guests where to park. This makes the City ramp more profitable.
He believes comments about limited parking downtown are due to visitors looking for free parking
by the river. Parking problems have been far fewer than anticipated with his current event center.
The proposed site can house larger special events such as festivals and art fairs. The upstairs needs a
lot of work. He really wants a 350 -person venue - 1200 would be too many. He explained the
tentative improvements proposed for the first phase. The second phase upstairs will require
additional accessibility improvements and an elevator. In discussions with the Building Inspector he
determined that the rear entrance does not need to be accessible. The rear egress from the building is
shared with the T-shirt shop. If an elevator went in there it would have to have four stops. The
architect put it in the spot where it exists now which is to the north and not in the shared egress area.
There are two accessible entrances in the front on Main Street. There are three handicapped parking
spots around the building but with the potential number of occupants, more handicapped parking
spaces would be required. He is not currently leasing the space, this is just a concept. The proposal
would create more jobs and more revenue for the City.
Chairman Kocon noted it's been suggested by Staff to table the proposal. He asked how Mr. Sather
feels about that.
Mr. Sather replied that tabling it a month would cause additional rent costs. He had to cancel six
events for his previous venue because construction took longer than expected which created extra
costs. He would like to obtain approval conditional upon meeting requirements. His security right
now is that drinks don't go out and wedding crashers don't come in. He doesn't know who else
would approve all the security plans and requirements, other than this Commission. This venue
doesn't need the structural enhancements so it is less invasive structurally. The soundproofing
needing to be done is just for the interior of the space which will help with the apartments. There is
one apartment directly above the back side and he will lease it for an office. There are some
apartments adjacent that might get some sound bleed. He doesn't anticipate too many problems but
is willing to do whatever is required. He would be doing a ten year lease so does not want to upset
neighbors.
Page 6 of 9
Planning Commission October 8, 2014
Commissioner Hansen asked if he wants to ever reach a capacity like 1250 and if not, maybe the
Commission should put a different cap on it.
Mr. Sather responded that the current capacity at the Loft at Studio J is 327 but when it reaches 225,
people start getting irritated about how crowded it is. In reality, they have sat down 240 people two
or three times and it's hard for the servers to get in between tables. What is comfortable is roughly a
third less than the actual capacity.
Commissioner Hansen asked if multiple events would occur at one time, one on each floor.
City Planner Wittman clarified that the 1250 is loosely based on building code occupancy and would
include both upstairs and downstairs. It was calculated by measuring by one person per seven square
feet and one person per 15 square feet for the first floor; for the second floor, open standing and
seating areas were considered. These calculations are standing room only, maximum capacity.
Mr. Sather added that he would favor a lower cap on capacity. Two events could possibly occur at
one time because the upstairs and downstairs have separate entrances. There is much less storage,
mechanical and bathroom space upstairs so that is why the upstairs capacity is larger.
Commissioner Collins asked if customers have to bring their own alcohol.
Mr. Sather replied that currently when customers do a BYOB event, which are roughly half the
events, he hires bartenders who have liquor liability insurance. These third parties serve all the
alcohol. Mr. Sather's employees don't serve the alcohol. He would likely also have a cash bar option
with the new proposal. He has not applied for a BYOB licensure for the proposed site yet.
Chairman Kocon opened the public hearing.
Richard Kilty, 118 West Oak Street, remarked the Commission should consider the parking issue.
Soon the Armory will be freed up and under City ownership, so where is the parking?
Chairman Kocon closed the public hearing.
Commissioner Siess stated she understands that business is business, but the Commission only got
the detailed packet today, so she has not had a chance to review all the Staff recommendations. The
Commission needs to discuss security and soundproofing plans, parking, and look further into
compliance with the Comprehensive Plan. She feels the event center could be a great thing for
Stillwater, but approval is premature.
Commissioner Middleton pointed out that the questions being asked about items that would help
clarify the request are issues he feels confident Staff can review, so he wonders if the Commission
really needs to see those things.
Commissioner Siess stated there is a whole comprehensive plan piece related to approval - it would
be premature and not good City planning if the Commission doesn't really look at this like it looks at
every other case.
Page 7 of 9
Planning Commission October 8, 2014
Motion by Commissioner Siess, seconded by Chairman Kocon, to table Case No. SUP/2014-31, a
Special Use Permit and Variance to create an event venue. Motion passed, 6-1, with Commissioner
Middleton voting nay.
Case No. V/2014-31. Request for a Variance for the addition of a 12 x 20 walk-in cooler with reduction
of one parking space and relocation of loading zone to be located at 1119 Owens Street North, Nathan
Pearson, applicant.
City Planner Wittman explained that the applicant is requesting a parking variance for the reduction
of one parking space in order to place a 12 foot by 20 foot walk-in cooler on the area that is currently
utilized as a loading zone as well as a parking space. Since a 1994 parking variance was granted, the
number of beds in the facility has decreased from 132 to 94 and the number of employees has
decreased from 175 to 140. This reduction results in a parking demand decrease larger than the
requested six parking space variance. Staff recommends approval with the following conditions:
1. The property owner shall stripe all parking and loading areas upon installation of the cooler
system
2. The cooler system shall receive a building permit prior to the installation.
Chairman Kocon asked how many parking spaces are required and is a variance even needed?
City Planner Wittman replied that one parking space is required for every employee who is on duty
during the largest shift, which was not provided in the application.
Commissioner Siess asked if the applicant had known that number, would they even have had to
come before the Commission?
City Planner Wittman replied that the facility itself has not changed since the 58 spaces were
required in 1994.
Nathan Pearson, administrator for Good Samaritan Society, informed the Commission they have
raised funds for this walk-in cooler over the last two years. It will greatly enhance the quality of care
for residents. He thought the application stated the largest staff shift has about 58 people on-site not
including visitors. That is why they made the variance request, because they did not have one space
per employee on the largest shift. He provided photos representing 1:30 p.m. just before shift change
showing ample parking in the lot. He does not believe the one parking space would impact the
community.
Chairman Kocon opened the public hearing.
There were no public comments.
Chairman Kocon closed the public hearing.
Council Representative Weidner remarked that parking is woefully inadequate there already. The
employees already spill out onto the street and surrounding area in order to keep on-site spaces open
for guests. One parking space will not make a significant difference but there already is a significant
impact to the community because parking is inadequate. So if there are any additional ways to
accommodate parking, they would be appreciated.
Page 8 of 9
Planning Commission October 8, 2014
City Planner Wittman stated the facility is already operating with less loading zone space than
required but that doesn't seem to be an issue. She agreed with Council Representative Weidner that
employee parking spills out onto streets. No comments were received from property owners notified
about this request, however, in 1994 there was quite a lot of public involvement in discussions
involving the Special Use Permit granted at that time.
Chairman Kocon reiterated that one less parking space will not make a lot of difference. They may
need to give up a visitor spot or two to ameliorate that.
Commissioner Middleton stated he lives nearby and doesn't feel there are problems.
Motion by Commissioner Middleton, seconded by Commissioner Lauer, to approve Case No. V/2014-
32 with the two conditions recommended by Staff. All in favor, 7-0.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
Motion by Commissioner Hansen, seconded by Commissioner Siess, to adjourn the meeting at 8:58 p.m.
All in favor, 9-0.
Respectfully Submitted,
Julie Kink
Recording Secretary
Page 9 of 9
PLANNING COMMISSION
MEETING DATE:
November 12, 2014
Parking Commission: October 23, 2014
Planning Commission: October 8, 2014
CASE NO.: SUP/2014-31
APPLICANT: Judd Sather
REQUEST: Special Use Permit to operate an event center at 124 Main Street South
ZONING: CBD -Central Business COMP PLAN DISTRICT: DMU-Downtown Mixed Use
PREPARED BY: Abbi Jo Wittman, City Planner
BACKGROUND
At the Planning Commission's last regularly -scheduled meeting, the Commission tabled an
application from Judd Sather for the creation of JX Events Venue, a two-story events center to
be located at 120-124 Main Street South. At that meeting the Commission continued the public
hearing, requesting the following materials be submitted by the applicant:
1. An accessible exits and route plan depicting access to accessible parking spaces; and
2. A parking plan depicting the alternative parking provisions determined to be acceptable
by the Downtown Parking Commission; and
3. An event security plan; and
4. Soundproofing details developed by a professional engineer that specializes in sound
transmission.
Since the Commission's meeting in October, the applicant has submitted an event security plan
as well as soundproofing details which have been determined to be sufficient by City staff.
Since the original application submission the applicant has reduced the total occupancy of the
venue to 630 people. This would be achieved by utilizing fixed seating in half of each of the
floor areas not designated as storage, office, restrooms, or kitchen. This reduces the total
parking requirement to 211 parking spaces. The existing uses require 45 spaces, leaving a
deficit of 166 parking spaces. The applicant met with the Downtown Parking Commission
(DTPC) on October 23 to discuss alternative provisions to the deficit of 166 parking spaces for
this venue. In a 3-3 vote, with one member abstaining due to a conflict of interest, the DTPC did
not approve a parking plan. Since that meeting, the applicant has proposed utilizing valet
services with loading zones dedicated on Chestnut Street near the intersection with Main as
well as on Union Alley. This proposal has not been reviewed by the DTPC.
The applicant has also proposed the creation of a main entrance off of Union Alley in the first
phase (the first story) of the venue. A main entrance in this location, with an interior elevator,
would provide for an accessible entrance with access to a single accessible on -street parking
space. The nearest public parking on an accessible route is located approximately one and a
half blocks (500 feet) away to the surface lot #16, below the armory, and two blocks (600 feet)
away to the parking ramp. The Main Street entrance is also an accessible route but there is no
parking or loading in this location. Lot #6, at the pedestrian plaza, is approximately 450' away.
J u=c
Ai
First phase event
center
The proposed use is
surrounding uses.
APPLICABLE GUIDELINES AND
REGULATIONS
Section 31-325 indicates that assembly
halls in the Central Business District
require a Special Use Permit. Section
31-207 establishes the review standards
for Special Use Permits:
1) The proposed structure or use
conforms to the requirements and the
intent of this chapter, and of the
comprehensive plan, relevant area
plans and other lawful regulations.
allowed within the subject zoning district, if it is found compatible with
Comprehensive Plan Chapter 6, Local Economy, indicates an objective of supporting business
expansion in the downtown commercial district. This would be achieved through the following
implementation actions: "[e]ncourage small, locally owned, businesses particularly in the
Downton" and "[p]romote office and service job locations in and around the downtown."
Comprehensive Plan Chapter 7, Economic Development, indicates a goal of promoting and
maintaining the downtown as a central focus for community, economic and cultural activity as
"tourism has allowed the Stillwater downtown to avoid the vacant buildings and physical
decline seen in other traditional downtowns."
While the events center may help support these goals, objectives and implementation actions,
the event center use of two storefronts will prohibit future retail use in these units. While there
is no ordinance requiring the first floor to remain commercial, the use of an events center is at
odds with the Comprehensive Plan's guidance. The Comprehensive Plan indicates an estimate
20,000 square feet of new retail space could be supported by 2020. The loss of 7,000 square feet
of retail space on this block of Main Street could have a potentially adverse effect to the City's
goal of "increase[ing] the tax base and providing economic growth for Stillwater."
Other Lawful Regulations
In review of the request with City staff, the following items were determined to be some items
of concern:
CPC 11-12-14 (SUP/2014-31)
Continued Public Hearing
120-124 Main Street South
Page 2 of 4
• ADA compliancy (including accessible routes and distance to accessible spaces): ADA
compliancy and building exiting can be achieved with significant upgrades and
improvements to the structure. Building Official Shilts, as well as Assistant Fire Chief
Ballis, have conducted site inspections and determined plans will need to be submitted
to show proof of the applicant's ability to meet current code standards. A condition of
approval would include the applicant shall secure all required approvals from the City's
Building Official and Fire Marshall, as well as Washington County Health Department,
prior to operating the event center. This includes, but is not limited to, installing
required exiting and meeting ADA requirements.
• Parking and Traffic (including, but not limited to, the inability to stop in front of the business on
Main Street as the South 100 block of Main Street has no parking or stopping provisions to
accommodate for drive and turn lanes at the Chestnut and Main intersections): The concerns
of the impact to the traffic in this location, as well as the deficit of parking, has not been
resolved.
• Event security and noise (including impact to neighboring residences): Updated security and
soundproofing details have been provided.
2 Any additional conditions necessary for the public interest have been imposed or use and/or
structure will not constitute a nuisance or be detrimental to the public welfare of the
community.
The focus of this review standard is whether the proposed use can operate in its proposed
location without negatively impacting surrounding uses, or the general neighborhood. In
October staff indicated if issues of security, soundproofing, accessibility as well as parking
could be resolved, staff could determine necessary conditions for a recommendation of
approval. However, issues regarding parking and traffic safety have not been resolved
with a satisfactory level of detail.
ALTERNATIVES AND RECOMMENDATION
1. Approve the Special Use Permit request with or without conditions. If the
Commission would like to approve the Special Use Permit with conditions, staff
would recommend the following:
a. No greater than 3,500 square feet of the first floor would be utilized as
rentable areas for events or event functions for a total occupancy of no greater
than 367 persons. Of the total rentable area, no less than 1,750 square feet
must be permanently fixed table seating. A total of 1,750 square feet may be
dedicated to flexible seating.
b. No greater than 2,500 square feet of the second floor may be utilized as
rentable area for events or event functions for a maximum occupancy of 263
persons. Of the total rentable area, no less than 1,250 square feet must be
permanently fixed table seating. A total of 1,250 square feet may be
dedicated to flexible seating.
CPC 11-12-14 (SUP/2014-31)
Continued Public Hearing
120-124 Main Street South
Page 3 of 4
c. Prior to the operating of an event center, the applicant shall secure all
required approvals from the Stillwater Building Department, Stillwater Fire
Department and Washington County Health Department.
d. The applicant shall implement the soundproofing plan, as submitted with the
Planning Commission's November 11, 2014, meeting packet.
e. The event venue shall adhere to the event security plan, as submitted with
the Planning Commission's November 11, 2014, meeting packet.
f. All existing and future trash receptacles shall be stored inside the building at all
times with the exception of the day of trash collection.
g. Prior to the commencement of any exterior work, including the installation of
lighting and signage, a Design Review permit shall be submitted and approved by
the Heritage Preservation Commission prior to the issuance of a building permit
for this project.
i. Any conditions attached to the Design Permit issued by the Heritage
Preservation Commission for this addition are incorporated by reference
into this Special Use Permit.
h. The applicant must propose a detailed parking and drop-off/pick-up plan that is
found acceptable to the City Council. Any required parking mitigation fees or
other conditions required by the City Council must be included in the applicant's
Zoning Permit.
i. The applicant shall secure all required approvals from the City's Building
Official and Fire Marshall, as well as Washington County Health Department,
prior to operating the event center.
2. Determine that the proposed events center is not consistent with the Special Use Permit
provisions or the Comprehensive Plan and deny the Special Use Permit.
3. Table the application by extending the 60 -day deadline to 1/17/2015 and request the
applicant develop a plan to alleviate traffic safety concerns as well as an alternative
to the parking provisions that is found to be acceptable to the Downtown Parking
Commission and/or City Council.
As there are still parking and traffic safety concerns with the proposed events center, staff
recommends the Planning Commission deny SUP/2014-31 for JX Events Venue or table the
application by extending the 60 -day deadline to 1/17/2015.
ATTACHMENTS
Site Location Map
Applicant Revised Narrative
First Floor Plan
Second Floor Plan
Soundproofing Estimate
CPC 11-12-14 (SUP/2014-31)
Continued Public Hearing
120-124 Main Street South
Page 4 of 4
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Planning Commission supplemental information for JX Event Venue
November 1, 2014
Dear Planning Commission,
We are excited to bring more people to the north end of Stillwater, as well as and to bring the parking
ramp to higher profitability with the proposed opening of JX Event Venue. We have worked hard with
architect Mark Balay and building official Cindy Shiltz to modify the floor plan so the maximum
capacity would be reduced to 367 people on the lower level and reduced to 263 people on the upper
level for a total of 630 total maximum occupants. This reduction was done by adding bigger
bathrooms, kitchens, storage areas, and fixed seating.
Phase One (120/122 South Main) Phase Two (124 South Main)
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It has been determined per building code that an elevator would be required for accessibility at the
Union Alley entrance. This would require that we would be asking for the special use permit for both
phase one and phase two. The upper level (which has been vacant for 25+ years) would be built out
as the budget allows over one to two years, and the elevator would be limited to lower level and the
Union Alley grade level.
An event venue provides business to many other local businesses. Following is a list of all of the local
businesses that have been contracted by clients of The Loft at Studio J (214 Main Street South):
Famous Dave's, Green Mill, The Green Room, LOLO, Marx, Lake Elmo Inn, Hanson's Liquor, Oaks Wine
& Spirits, Buttercream of Stillwater, Sara's Tipsy Pies, Quickfire Pizza, Stillwater Trolley, Our Shop,
Camrose Hill, and countless other vendors including hotels, B & B's, musicians, DJs, florists, makeup
artists and hair stylists.
For comparison purposes, 95% of our current events at The Loft at Studio J are seated wedding
dinners and receptions with an average of 54% of max occupancy (175 average guests with 327 max
occupancy). We have 25 of the 31 Saturdays booked already in April -October of 2015. 23 of the 25
events are weddings. We are asking that the parking and planning commission grant a variance
where we offer valet services to the parking ramp and other public lots if needed. The Parking
Commission voted 3-3 on the question to mitigate 86 permits for phase one only. At that time, it was
not known that the elevator would be necessary.
Below is additional information requested by city staff including a security plan, soundproofing plan,
parking plan, and map of accessible entrances.
Parking Plan - JX Events (Event Venue)
The parking ramp is one block from the proposed event venue. The Parking Commission was
concerned that we could not guarantee that guests would park in the ramp. Since that meeting, we
came up with the valet idea that would guarantee that cars would get to the ramp and pay the fee,
which would profit the city more than mitigation. Also as an event center, we have the luxury of
communicating with a bride exactly where we want her guests to park. After one year of operation of
The Loft at Studio J (214 Main Street South), parking has not been an issue with very little complaints.
We offer shuttle services through the Stillwater Trolley that has only been contracted about 5% of the
time for clients that are most concerned about parking issues.
Parking is largely a perceived issue, so I took some time to check out the use of the ramp over the last
couple of weeks during peak times. The first check was 2pm on Saturday, October 18. It was a
beautiful autumn day in town with hundreds of people walking around and we had a wedding at The
Loft as well as other venues. It was about the time guests would show up for a wedding. I noted that
5 of the 6 accessible parking spaces within one block of 120 and 122 Main Street were open and the
parking ramp was only about 10% occupied.
The next check was another beautiful fall day on Saturday, October 25 and at fpm the ramp was
about 10% full, at 2pm it was about 20% full, and at 6pm it was 50% full. There were weddings at
The Lowell Inn, Water Street Inn, The Grand, and The Loft at Studio J. This means that there were still
over 100 parking spaces available in the ramp at a peak time when all those wedding guests were at
the venues. Many people have commented that the only time the ramp is full is the fourth of July.
Adding phase 2 to the Special Use Permit would increase the parking mitigation to 166 spaces. At $10
per space that is $1,660 per month that is not feasible in our business plan. With the valet idea, two
or three spaces in Union Alley or Chestnut Street would be leased to allow for the valet service. This
valet service could be shared among other businesses as well.
The parking commission also had concerns with no stopping / loading near the front entrances. This
would be alleviated with the creation of the main entrance on Union Alley. When the bridge closes in
2016, there may be added drop-off areas on Main Street and/or Chestnut in the yellow curb area (see
below).
Accessible Entrance #1 - x
(New fining for elevator(
ix x - Accessible Entrance #2
Events x - Accessible Entrance #3
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FUTURE PLAZA?
More parking and/or city-wide valeta
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We are open to a reduction in the amount of occupants by ordinance to make this project work!
PRECEDENT: The Loft at Studio J is mitigating 12 parking spaces for a max occupant load of 327.
Here is a list of the parking lots nearest to the proposed JX Event Venue.
Public Lots (Total of 459 spaces):
Parking Ramp: 218 spaces plus 6 Handicapped
Teddy Bear Park: 88 spaces plus 4 Handicapped
Courthouse Memorial Lot: 71 spaces plus 4 Handicapped
Lower Courthouse Lot: 82 spaces plus 2 Handicapped
Private Lots (Total of 103 spaces and would need to be privately contracted):
Cub Lot: 51 spaces plus 3 Handicapped
US Bank: 22-38 spaces
Chestnut Building: 20-40 spaces
Shorty's: 7-10 spaces
Security Plan - JX Events (Event Venue)
We spoke with Nate Meredith from the Stillwater Police Department and came up with this security
plan together:
1. Security Cameras with DVR recording (4 downstairs, 2-4 upstairs)
a. Viewable on monitors at host office and on mobile devices
2. Security personnel onsite (One security person per 250 guests)
a. Training to keep out non -invited guests and keep all drinks inside building at all
three exits
b. Call police in case of emergency
c. Have enough staff onsite for one security person per exit
3. Keep gift table adjacent to building host office
4. Have bartenders serving alcohol be trained and have their own liquor liability insurance
5. Put in writing to clients that loading / unloading is not to happen on the curb in front of event
center, but in Union Alley or parking on Chestnut
Soundproofing plan - JX Events (Event Venue)
We conducted a sound test on November 3 and heard no sound transfer at neighboring business The
T -Shirt Factory. Music could be heard in the offices above the proposed venue. These businesses
above will normally be closed during event hours, but the following measures will be taken to stay
within city noise ordinances.
1. Carpet / Acoustic tiles on North and South walls providing maximum sound dampening
a. This will minimize sound echo within the event venue, and virtually eliminate sound
transmission to neighboring businesses (adjacent and above) that will generally not be
open during event hours
2. Sound tiles on ceiling (2x4' tiles spaced evenly every 8') to eliminate sound transmission to
second floor
3. Blown insulation in second floor per fire code to eliminate sound transmission to between
floors
4. Monitor bass levels with DJs and bands, which is the sound that travels the most.
5. Double 5/8" layer of sheetrock in ceiling between lower level and apartment in Northwest
corner that will be part of the venue lease.
6. Vendor - ATS Acoustics - www.atsacoustics.com (See attached quotes)
Thank you for considering our proposal to breathe life into this historic building. It is exciting to have
the possibility of a large enough event center to attract high-end events and fundraisers that would
normally stay in St. Paul or Minneapolis. JX Event Venue could also host craft fairs and the like that
Stillwater residents currently only can enjoy during the summer. Use of the space for citywide events
could even be part of the parking mitigation. This venue would be an upgrade from The Loft at Studio
J in three ways: first floor access, larger, and closer to parking. A year-round, first class event space
would be a benefit for many businesses in town and bring the city's parking ramp investment to
higher profitability.
Judd Sather
Owner, The Loft at Studio J - 214 Main Street South
Judd@ studiojphoto.com, 651-342-1476
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ACOUSTICS
Just Listen,
Quote Number: 86595-8371
Date: October 27, 2014
Valid through: November 26, 2014
Your contact: Heather
Phone: 866-787-7881
Fax: 815-364-0242
15 W Main St, Box 260
Piper City, IL, 60959
atsinfo@atsacoustics.com
www.atsacoustics.com
Your Quote from ATS Acoustics
Dear Judd Sather,
Thank you for the opportunity to provide this quote. If you have any questions or additional
requirements please don't hesitate to contact me. I'll be happy to help in any way I can.
Thanks!
Heather
Sales Representative
ATS Acoustics
Items Quoted
Description Unit Price Quantity Extended
ATS Acoustic Panel - 24 x 48 x 2
Color: Black
Fire Rating: ASTM E84 Class A
Desired edge profile: Beveled
$57.20 214 panels $12,240.80
Subtotal $12,240.80
Shipping to 55082 via LTL Freight $1,093.52
Total Before Discount $13,334.32
Discount Saves You $500.00
Total $12,834.32
• Hardware is included in this quote
• If customer requires a lift gate service, Conway will charge an additional $90.00, which
will be added to the shipping cost.
PLANNING COMMISSION
MEETING DATE: November 12, 2014 CASE NO.: 2014-33
APPLICANT: Katherine Francis, property owner
REQUEST: Request for a Special Use Permit to allow for overnight lodging in the
2nd story apartment of the structure located at 120 Main Street North
ZONING: CBD -Central Business COMP PLAN DISTRICT: DMU-Downtown Mixed Use
PREPARED BY: Abbi Jo Wittman, City Planner
REQUEST
The applicant is requesting a Special Use
Permit for the conversion of a second story
apartment into an overnight lodging unit.
Overnight lodging, any type of lodging for
a period of less than 30 days, has been
occurring on this site for the past year.
After damage occurred to the unit from a
long term rental, the owner determined
overnight lodging would be a beneficial
addition to the property and community.
The owner is requesting the Special Use
Permit to come into compliance with the
municipal regulations, including payment
of lodging taxes.
SPECIAL USE PERMIT APPLICABLE
REGULATIONS AND STANDARDS
Municipal Code Section 31-207 indicates
the following must be determined by the
Planning Commission prior to the issuance
of a Special Use Permit:
The proposed structure or use conforms to the
requirements and the intent of this chapter,
and of the comprehensive plan, relevant area plans and other lawful regulations.
• Zoning Ordinance
o Use: Hotels and motels and other overnight lodging facilities are permitted in
the Central Business District by Special Use Permit.
o Parking: The property is located within the Downtown Parking District. The
unit would be required to have two onsite parking spaces. As the property
cannot accommodate for these spaces, the property owner will need to
purchase monthly parking permits.
• Comprehensive Plan
The Downtown Stillwater Framework Plan, a part of the 2008
Comprehensive Plan, indicates downtown could support up to 250 new
housing units over the next two years with up to half being age -restricted as
significant rental demand is from the senior population. While the
conversion of this unit to short-term rentals would take one housing unit out
of the downtown market, the second story unit is not universally accessible
and not conducive for an aging population.
Additionally, the Comprehensive Plan indicates over 50% business in
downtown is attributed to tourism (Chapter 7, Economic Development). The
Framework Plan suggests reinforcing an environment for commerce while
preserving the historic core and a policy to do this is to attract visitors and
shoppers to the community. The potential for a new type of visitor who may
have an extended, short term stay in the Historic Commercial District could
help support this policy.
Any additional conditions necessary for the public interest have been imposed; and
• Exterior changes - Section 31-319 of the Stillwater City Code requires that the
Heritage Preservation Commission (HPC) conduct a design review on exterior
changes, signage and exterior site plans. The applicant has not proposed any
exterior changes at this time.
The use or structure will not constitute a nuisance or be detrimental to the public welfare of the
community. Staff has determined overnight lodging in this apartment would not be a
detriment to the public so long as the fire and building officials, as well as the health
department, have conducted site inspections and the property meets the property life,
safety and health codes for commercial rental use.
ALTERNATIVES
The Commission has the following options:
120 Main Steer North
Case No. SUP/2014-33
CPC: November 12, 2014
Page 2
1. Approve the Special Use Permit request with or without conditions.
2. Determine that the proposed overnight lodging unit is not consistent with the Special
Use Permit provisions and deny the Special Use Permit.
3. Table the request for more information.
STAFF RECOMMENDATION
If the Commission chooses to approve Case No. 2013-33, staff would recommend the
following conditions of approval:
1. The owner must provide the City Finance Director with the facility's Tax ID number
before the Special Use Permit will become effective.
2. Two monthly parking permits shall be purchased by the property owner to offset
the demand created by the residential commercial use. The permits shall be paid
upon receipt of City invoice. Failure to pay parking permit charges within 30 days
will be certified for collection with the real estate taxes with the real estate taxes in
October of each year. The applicant waives any and all procedural and substantive
objections to the parking permit purchase requirement including, but not limited to,
a claim that the City lacked authority to impose and collect the parking permit fees
as a condition of approval of this permit. The applicant agrees to reimburse the City
for all costs incurred by the City in defense of enforcement of this permit including
this provision.
3. Inspections by the Building Official, Fire Marshall and Washington County Health
Department official shall occur and, within three months of the Special Use Permit
issuance, the property owner shall come into conformance with all life, health and
safety measures applicable to this commercial use.
4. Any exterior alterations shall go to the Heritage Preservation Commission for review
and approval.
ATTACHMENTS
Site Location Map
Narrative Request
Floor Plan (1St Floor)
120 Main Steer North
Case No. SUP/2014-33
CPC: November 12, 2014
Page 3
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October 20, 2014
Stillwater Planning Commission
Stillwater, MN 55082
Stillwater Planning members,
I am the owner of 120 North Main Street, Stillwater, MN. I purchased the property in 1986.
The street level suite has always been rented as a commercial property, most recently, The
Tea Room. It was also the Art Gallery and Paint Store before that. The second story was
rented as a one bedroom private living quarters.
The last renter I had did extensive and costly damage to the apartment. It took me over a
year and several thousand dollars to repair the damages while keeping the historic
integrity of the unit in tack. After the work was completed, I made the decision to never
rent on an annual basis again.
The lease came due for the Tea Room, and the owner decided not to renew in the Stillwater
location. This left me holding a building with no income, thousands of dollars invested into
repairs, a mortgage and taxes to pay. Friends of mine had a VRBO (Vacation Rental By
Owner) and, after talking with them, I thought this might be a great way to generate income
for the building. It started as a trial to see if it could work. I was absolutely unaware that I
needed to obtain a Special Use Permit, I would never intentionally violate any regulations.
About the building: There are 3 floors in the building. All three floors have an overhead
sprinkler system, including the basement. I have secured parking spots from David
Paradeau at the Stillwater Depot with our names put on them at location to the south in his
private parking lot, for all the guests.
In closing, I would like to add that my neighbors, Camy Couture and River Jeans have been
delighted with the VRBO idea, as each time it has been rented, the guests have visited and
made several purchases at their stores. My guests leave comments regarding all the
restaurants and shops that they visited while staying in Stillwater. I believe this is a good
use for my building and good business for Stillwater. It brings a lot of people into our city
that normally would not have stayed here, or only made a day trip. As an original HPC
commissioner, I have always been cognizant of our downtown businesses. I continue to
strive to build our business without losing the wonderful charm and beauty of Stillwater.
Moving forward, I ask that you please work with me to correct any violations or errors that
are currently on the table.
Respectfully,
Katherine B. Francis -Harvey
Frederick L. Harvey
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Re:
City of Stillwater
Trails Master Plan
November 10, 2014
Planning Commission
Bill Turnblad, Community Development Director
Abbi Wittman, City Planner
Melissa Douglas, Planning Consultant
City of Stillwater, Trails Master Plan Update, Sidewalk Standards
Vision and Guiding Principles
Build on Stillwater's history and natural
setting to become a leading active
transportation community and one of
Minnesota's premier trail destinations.
Community. A destination trail system that
serves the people of Stillwater as well as
visitors, businesses and employers.
Promotes tourism, job creation and
economic vitality. Provides access to nature
and understanding of the city's history.
Safety. A trail system that ensures safe
recreation and travel for all trail users
regardless of age or ability. Encourages
activity and wellness.
Accessibility. A trail system that is easily
accessed and accommodates a mix of users
inclusive of all abilities. Information about
the trail system is readily accessible and
easy to understand.
Connections. A trail system that links
neighborhoods, schools, employment
opportunities, commercial areas, regional
trails and public transportation and
connects members of the community to
each other and the landscape.
Communication. A trail system that
educates and interprets the landscape and
natural setting, uses technology to make
information widely available and includes
signage that is clear and informative.
I will be traveling this week, so Abbi will lead the
discussion on sidewalk standards as part of the
regular Planning Commission meeting and
provide me with a summary of the discussion
and your recommendations.
This memorandum provides background
information useful for review prior to the
meeting.
Existing Conditions
Sidewalks existing as of the last Comprehensive
Plan update in 2008 are shown on the attached
map. Residential areas in Stillwater vary
depending on the era of development — some
neighborhoods have sidewalks on both sides of
the street, some neighborhoods have sidewalks
on one side of the street and others have no
sidewalks or sidewalks on major (collector and
arterial) roadways only.
Zoning and Land Use
Zoning and land use maps for Stillwater were
included in your background information folder
provided at an earlier workshop. Please review
these maps before the Planning Commission
meeting.
City of Stillwater Trails Master Plan Update — Sidewalk Standards
Both land use and zoning are tools planners use to regulate development. In residential areas,
land use designations regulate density, typically in units per acre. Zoning standards regulate the
type of housing (single-family homes, apartments, etc.), the arrangement of housing units
(attached versus detached, building height, setbacks) and lot sizes. At previous workshops, the
Planning Commission discussed sidewalk standards that reflected neighborhood character. One
method to achieve that goal would be to link sidewalk standards to zoning districts. For
example, areas with lower densities and larger lots could only need sidewalks on one side of
residential streets.
Areas with higher densities and smaller lots would have more use and need sidewalks on both
sides of residential streets.
TYPICAL CROSS ECTION
2
City of Stillwater Trails Master Plan Update — Sidewalk Standards
To meet the vision and guiding principles outlined for the Trail Master Plan update and the goals
and policies of the Comprehensive Plan, I would recommend a minimum standard of sidewalks
one side of all residential streets in the RA — One -Family Residential, TR - Traditional
Residential and LR - Lakeshore Residential zoning districts. Sidewalks should be installed on
both sides of the street in other residential districts, in commercial areas and along any arterial
roadways (excluding Highway 36). The plan should include flexibility for planned unit
developments so that the City would have flexibility to tailor sidewalk requirements in larger
planned developments.
3
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THE BIRTHPLACE OF MINNESOTA
Parks and Sidewalks
2008 Comprehensive Plan
800 0 800 1,600 Feet
— Sidewalks
Existing Park
Future Parks
Golf Course
School Properties
Right -of -Way
Open Water
Bonestroo
December 8, 2008
PLAN OF STILLWATER El
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Chapter 8 : Parks and Trails 8-9