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HomeMy WebLinkAbout2014-11-12 CPC MIN PLANNING COMMISSION MEETING MINUTES November 12, 2014 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:01 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hansen, Kelly, Lauer, Siess, Council Representative Weidner Absent: Commissioners Hade and Middleton Staff: City Planner Wittman APPROVAL OF MINUTES Motion by Commissioner Collins, seconded by Commissioner Hansen, to approve the October 8, 2014 meeting minutes. All in favor, 7-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. SUP/2014-31. Continuation of a request for a Special Use Permit to create an event venue at 120-124 South Main Street, Judd Sather, applicant. City Planner Wittman explained that at the last 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. The Commission continued the public hearing, requesting the following materials be submitted by the applicant: An accessible exits and route plan depicting access to accessible parking spaces; and • A parking plan depicting the alternative parking provisions determined to be acceptable by the • Downtown Parking Commission; and An event security plan; and • Soundproofing details developed by a professional engineer who specializes in sound • transmission. 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 resolve the deficit of 166 parking spaces. Planning Commission November 12, 2014 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 Commercial Street and 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. As there are still parking and traffic safety concerns, staff recommends the Planning Commission deny SUP/2014-31 for JX Events Venue or table the application by extending the 60-day deadline to January 17, 2015. A letter was received from Aimee Pelletier opposing the application. Commissioner Siess asked for clarification about the buildings that are not dedicated. City Planner Wittman responded that by dedicated parking spaces, she means that at this time there are no spaces that are exclusively dedicated to this property, in parking lots or on the street. Chairman Kocon asked if dedicated parking is necessary, if valet service is used. City Planner Wittman replied it would be up to the DTPC whether or not the requirement for accessible spaces can be met in the City’s parking system. The building code requires a certain number of spaces that are handicapped accessible. The DTPC will bring this to the Council, rather than the Planning Commission. Judd Sather, applicant, commented that his meeting with the DTPC in October was to discuss mitigation for the parking deficit. It dawned on him after that meeting that he could guarantee spaces in the ramp, as his customers would pay the fee and use the valet service. He would run the valet service as an innovative break-even venture to benefit other businesses as well as the event center. The fee would be back-charged to the businesses. He feels the proposed venue will be very popular because 90% of the Loft’s Saturdays are already booked for next year and he continually has customers who request venues for 275-300 people. There is no venue in Stillwater now that can handle this volume. The upstairs would make it more profitable, but he is still open to a downstairs- only center. He is willing to bring the capacity down to 630 total for both upstairs and downstairs, and to donate the space to the City to host festivals indoors during the winter. He feels this would draw people who would normally get married in St. Paul or Minneapolis, to use City services and businesses. Mr. Sather responded that he would like to open the bricked-over windows. The upstairs space has been vacant for 50 years. If only the first phase is approved, he would seek retail businesses for the upstairs such as florists and caterers, to generate income. Commissioner Siess asked about the parking situation in his current space. Mr. Sather replied his current business pays for 12 spaces. He has recently leased seven private spaces from Shorty’s and is talking with US Bank to lease more space. He offered a shuttle service for clients, but only two out of 50 clients utilized it. Page 2 of 6 Planning Commission November 12, 2014 Mike Lynskey, 118 South Main Street, property owner, noted that he has about 70,000 square feet of rental property on Main Street. He spoke in support of the proposal. He had one complaint from a tenant who was blocked in by a caterer. Since then he has not had one complaint from any adjacent tenants or property owners. He urged the Commission to look at the big picture - a lot of the downtown buildings are functionally obsolete because they are so deep and require big users. Operating costs alone run over $5/square foot for this building. He pays $130,000 every year in real estate taxes for his Main Street properties. All of his buildings have fire suppression, installed voluntarily, at a cost of $110,000 for this building alone. He needs tenants like Mr. Sather who have big ideas and are good operators. Anything that brings people into town is a good thing. The ramp is in the wrong spot - it should have gone next to Shorty’s. He doesn’t think there is a parking problem - there is a congestion problem. That will be corrected in 2016. Chairman Kocon closed the public hearing. Chairman Kocon noted he doesn’t see the issue of retail versus event center as a problem. Commissioner Hansen concurred with Chairman Kocon. Commissioner Lauer remarked that retail may not happen in this space. It makes sense to put something there that is feasible. Commissioner Siess commented that the proposal sounds really good but she would prefer a larger space like the armory or the depot or some other space that makes more sense for 200-500 people. Union Street is tight and even when the bridge is closed, there is congestion. The Comprehensive Plan talks about small, locally owned businesses. Is this a locally owned business? It’s a lot to think about. Valet parking sounds like a good idea for a lot of places downtown, but downtown is very unique with hills and parking on both sides. Commissioner Collins stated that the proposal for valet parking is thinking outside the box. He likes the concept. It could be a win-win for a lot of businesses in the community. Chairman Kocon said the Commission has two issues. The first is, will an event venue work instead of retail? He is hearing a fair amount of support for this. The other issue is parking which will be addressed by the DTPC. Staff is happy with security and soundproofing plans. He doesn’t know if it’s the job of the Planning Commission to determine how to meet the parking needs. Commissioner Hansen stated he concurs with most of what’s been said. It’s an acceptable use. He agrees the downtown needs big tenants for big spaces. It’s a good plan and he likes it. He has an issue with the parking. If the DTPC supported it overwhelmingly, he would not have a problem. They’re more informed than the Planning Commission in terms of the available spaces downtown and how they are used. He would prefer to table it, have the DTPC look at it again, and if it’s a draw again and they can’t come to a decision, he would feel comfortable at that point making a decision, but he doesn’t feel comfortable making a decision for them. Chairman Kocon said it appears that in general the Commission doesn’t have a problem with the proposed use. Commissioner Kelly noted that the Comprehensive Plan mentions bringing more people into downtown but it can be interpreted in other ways too. He doesn’t have a problem with it from the Page 3 of 6 Planning Commission November 12, 2014 Comprehensive Plan standpoint. Regarding parking, he concurs with Commissioner Hansen, and would like to know what the DTPC has to say about it before moving forward. Mr. Sather informed the Commission that if he doesn’t have a decision until January, it jeopardizes his plans because of the wedding season. Motion by Commissioner Siess, seconded by Commissioner Lauer, to table Case No. SUP/2014-31 by extending the 60-day deadline to January 17, 2015 and requesting 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. All in favor, 7-0. Case No. SUP/2014-33. Request for a Special Use Permit to allow for overnight lodging in the second story apartment located at 120 Main Street North, Katherine Francis, property owner and applicant Commissioner Fletcher recused herself because she has a potential conflict of interest. City Planner Wittman summarized the request. The applicant is requesting a Special Use Permit for the conversion of a second story apartment into an overnight lodging unit. After damage occurred to the unit from a long term rental, the owner determined overnight lodging would be beneficial 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. Staff recommends approval with the following conditions: The owner must provide the City Finance Director with the facility’s Federal Tax ID number • before the Special Use Permit will become effective. 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 in October of each year, with a 10% administrative charge. 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. 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. Any exterior alterations shall go to the Heritage Preservation Commission for review and approval. • Commissioner Siess asked if there are other such vacation rentals in Stillwater. City Planner Wittman replied that there are no permits for overnight lodging outside of hotel/motels that she is aware of. There may be a pocket in a residential neighborhood of existing nonconforming uses, of smaller cabins that had been rented for a long while, since prior to the zoning code. Commissioner Siess asked what about Just for Me Spa? City Planner Wittman replied that is the only one she knows of. It was an existing residential business that had been occurring for some time. She isn’t certain of the provisions. Page 4 of 6 Planning Commission November 12, 2014 Commissioner Kelly asked if it is zoned commercial. City Planner Wittman confirmed that it is. Commissioner Kelly asked how the requirements differ from a bed and breakfast. City Planner Wittman responded they are the same - a bed and breakfast is considered a commercial use as well. The CBD allows for hotel/motel and other overnight lodging. This proposal would be considered “other overnight lodging.” Commissioner Siess asked if proof of insurance is required. City Planner Wittman replied that the City has not required proof of insurance for other use permits. Commissioner Kelly asked about emergency exits required. City Planner Wittman stated the applicant will have to meet the provisions of the building code, fire code and health department, the same as a hotel would. Commissioner Kelly asked who enforces ADA requirements. City Planner Wittman replied she is not sure, it would probably be a building code requirement. Commissioner Hansen noted that the applicant, in her letter, mentioned an agreement to use parking spaces at the Stillwater Depot. City Planner Wittman said she understands that has changed and likely there aren’t any spaces at the Depot. The Commission could alter the conditions, so if the applicant can provide evidence of two leased spaces, the parking permits would not be required. Chairman Kocon stated if the SUP is granted, the Commission may want to ensure that going forward, those parking spaces will be available. Commissioner Kelly asked who deals with sprinkle ring of the building. City Planner Wittman replied that per fire code, the building is sprinklered. Katherine Francis, applicant, said she has owned the building for 26 years. It is sprinklered and up to code. She has been using it as a VRBO because last time she rented it, it was damaged by tenants. She has permission from Mr. Paradeau to park at the depot any time she wants. She is alright with the proposed condition stating she will purchase parking permits from the City. There were no public comments. Chair Kocon closed the public hearing. Chairman Kocon remarked that he vacations in Ireland where he rents a unit right downtown which is very enjoyable. Page 5 of 6 Planning Commission November 12, 2014 Commissioner Lauer said he too vacations where there is access right onto Main Street near everything and he loves it. Commissioner Siess asked Councilmember Weidner his thoughts from a City perspective about the vacation rental concept which is new to Stillwater. Councilmember Weidner replied the Council has discussed the need for a new ordinance that encompasses spaces like this. He likes the idea and feels it’s a good use for the second floors of many of the buildings downtown. Over the next year, he thinks the Council will work with staff to develop an ordinance to address VRBOs. This proposal is different from the crafting home in that it is not in a residential area. Commissioner Kelly said in a residential area, it would be entirely different. It would change the character of the neighborhood. Motion by Commissioner Hansen, seconded by Commissioner Collins, to approve Case No. SUP/2014- 33 with four conditions recommended by staff. All in favor, 6-0, with Commissioner Fletcher abstaining. OTHER BUSINESS Master Trail Plan Discussion This discussion was held after adjournment. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to adjourn the meeting at 8:10 p.m. to move into the Master Trail Plan Discussion off the air. All in favor, 7-0. Respectfully Submitted, Julie Kink Recording Secretary Page 6 of 6