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HomeMy WebLinkAbout2015-06-10 CPC MIN PLANNING COMMISSION MEETING MINUTES June 10, 2015 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, Lauer, Middleton, Siess, Council Representative Junker Absent: Commissioners Hade and Kelly Staff: City Planner Wittman APPROVAL OF MINUTES Motion by Commissioner Collins, seconded by Commissioner Fletcher, to approve the April 8, 2015 meeting minutes. All in favor, 6-0 with Chairman Kocon abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2015-9. Special Use Permit for new restaurant with pass-through window to be located at 317 Main Street South. Larry Cramer, owner and Benjamin Leske, applicant. City Planner Wittman explained that the applicant is requesting a Special Use Permit for a restaurant with a pass-through window to be located in the unit on the eastern side of the building facing Water Street. The concession-style restaurant would sell hotdogs and non-alcoholic beverages with no sit- down service and no indoor or outdoor seating. Staff recommends approval of the restaurant with conditions, but feels the pass-through window may become a nuisance because it could cause customers to obstruct the public sidewalk. Staff recommends relocating the pass-through window to the south side of the unit, next to the entrance. Commissioner Siess asked about the off-street parking requirements. City Planner Wittman explained that restaurants are required to have one parking space for every 150 square feet, therefore two parking spaces would be required for this space. The applicant will not be required to provide additional parking. The use will go before the Downtown Parking Commission next week. Benjamin Leske, applicant, stated he understands the pass-through window will not work on the Water Street side. He will try to relocate the window to the south side as recommended by staff. Planning Commission June 10, 2015 Page 2 of 9 Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Lauer, seconded by Commissioner Collins, to approve Case No. 2015-9, a Special Use Permit for a new restaurant to be located at 317 Main Street South, with the following conditions: a. All existing and future trash receptacles shall be stored inside the building or in the proposed trash enclosure at all times with the exception of the day of trash collection. b. Any exterior changes, including the installation of a pass-through window and signage, shall receive a Heritage Preservation Commission-issued Design Review Permit. Conditions of the Design Review Permit shall be incorporated into this Special Use Permit by reference. c. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. d. All changes to the approved plans will need to be reviewed and approved by the Community Development Department. Any major changes will need to go to the Planning Commission for review and approval. e. The pass-through window shall be moved to the south façade, next to the entrance door. All in favor, 7-0. Case No. 2015-10. Variance for a 2’ encroachment into the front yard setback for a front porch located at 1108 5th Street South. Mike and Lorilee Estes, owners and applicants. City Planner Wittman explained that the applicants have applied for a 2’ front yard setback variance for the addition of an 8’ front porch. If approved, the porch would be located 18’ from the front (east) property line. Staff finds that practical difficulties do not exist, as zoning regulations may be able to be met with another reasonable alternative, for instance a six foot porch. Therefore, staff recommends denial. City Planner Wittman read public comments from Nancy Hagstrom who lives across the street, encouraging the Commission to grant the variance. Chairman Kocon pointed out that 1104, the house next door, appears to be closer to the street. He asked if bringing out the porch on the subject property would make the two houses more even. City Planner Wittman replied that the subject property would be closer to the street than the house to the north. Commissioner Hansen asked about the differences between this case and previous variance requests involving encroachment of setbacks. The Commission needs to be able to clearly define what is allowed when granting a variance, especially when dealing with nuances like roof overhangs, stairs, eaves or awnings. City Planner Wittman responded that elements like awnings, sills, buttresses, eaves and steps may project into the yard up to three feet without a variance. Commissioner Siess asked if the house originally had a porch. Mike Estes, applicant, replied that the house had a porch, but in 2002, a second story addition was constructed. Now he would like to add a porch back on. As for other properties, if allowed, his porch Planning Commission June 10, 2015 Page 3 of 9 would be about even with the second house to the south. The house to the north, 1104, is quite a bit closer to the street than where his porch would be. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Fletcher pointed out if a practical difficulty can’t be established, the variance cannot be granted. Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to deny Case No. 2015-10, a variance for a 2’ encroachment into the front yard setback for a front porch located at 1108 5th Street South. Motion passed, 6-1 with Commissioner Middleton voting against. Case No. 2015-11. Special Use Permit for development of a one story credit union with drive-through banking services, located at 2020 Washington Avenue South. William Hickey, applicant representing Ideal Credit Union. City Planner Wittman explained that the applicant is proposing to construct a new financial institution building with drive-through banking services. Staff recommends approval with conditions. Bill Hickey, Principal with Collaborative Design Group, Inc., representing Ideal Credit Union, stated they are comfortable with the proposed conditions. They would like to keep the existing trees if possible. They are tearing the existing building down and repositioning a new building on the lot. He offered to answer questions. Jeanine Swanson, Ideal Credit Union Senior Vice President of Human Resources and Administration, pointed out that Ideal Credit Union was formerly Postal Credit Union. This would be the third location in Washington County. There are nearly 950 members in the Stillwater area. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Siess expressed disappointment that the applicant is not reusing the existing building as she favors re-use, but she sees no issues with the proposal. Commissioner Middleton said he assumes the new building will be more energy-efficient. Motion by Commissioner Middleton, seconded by Commissioner Fletcher, to approve Case No. 2015-11, a Special Use Permit for development of a one story credit union with drive-through banking services, located at 2020 Washington Avenue South, with the following conditions: a. A total of 15 parking spaces shall be created onsite. b. Stormwater infiltration must occur onsite and be designed to capture rains from a 1/2” rainfall event. c. The mature trees along Washington Avenue shall be preserved. In the event they may not be, trees shall be planted along all streets. Street trees shall be set back a distance of ten feet from the street right-of-way. Deciduous trees shall be planted 40 feet on center, and coniferous street trees shall be planted 30 feet on center. All plant materials indicated on an approved landscaping plan that do not survive two growing seasons shall be replaced with identical plants during or before the following season. Planning Commission June 10, 2015 Page 4 of 9 d. The new structure, site plan to include trash receptacle enclosure, lighting plan and sign plan shall be reviewed and approved by the Heritage Preservation Commission by Design Review Permit. Conditions of the Design Review Permit shall be incorporated into the Special Use Permit by reference. e. Lighting fixtures must provide a complete cut-off so the bulb/source of light cannot be seen from off the property and, at the property lines, the illumination has to be engineered to be 0 lumens. f. Prior to submittal of the building permit, the project shall obtain all necessary permits from the Brown’s Creek Watershed District. g. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. h. 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. All in favor, 7-0. Case No. 2015-12. Seasonal Vending Permit to operate a produce stand at 1672 Greeley Street South. Steve Abbott, owner and Phillip Westby, applicant. City Planner Wittman explained that the applicant is requesting a first time, annual Seasonal Outdoor Sales Permit for a produce stand to be located in the parking lot of the subject property. The produce stand would be operated 9 a.m. to 6 p.m., seven days a week and would take approximately two parking spaces. Parking requirements are met. Staff recommends approval with conditions. Commissioner Siess noted that it is difficult for vehicles to exit the site on both Curve Crest and Greeley. Council Representative Junker said he too has concerns with traffic entering and exiting the site. This seasonal business could create a lot of coming and going. City Planner Wittman said the City Engineer and Assistant Public Works Superintendent reviewed the proposal and saw no reason to deny the use. A condition of approval could be added that traffic patterns will be monitored for complaints at the time of annual renewal. However, traffic complaints usually are not fielded by Community Development staff. If there are no changes to the application, this type of permit would be renewed administratively by staff each year. The Commission’s ability to rescind the permit, after approval, would be limited. Commissioner Hansen responded it would be in the property owner’s best interest to not have traffic issues. He understands the difficulties in entering and exiting the site, but wants to avoid having too many conditions of approval. Commissioner Fletcher suggested adding a condition of approval requiring that, at the time of annual renewal, not just Planning, but Engineering and Public Works staff also would review it. City Planner Wittman acknowledged that it could be as simple as stating that, at the time of annual renewal, staff will address safety concerns related to Police, Fire, Public Safety, and Public Works. Brandon Larsen, co-owner of C-stop, LLC dba The Country Stop, informed the Commission that if traffic becomes a hassle, it would be a detriment to sales and they would seek a different location. Chairman Kocon asked, if the business leaves this location, could someone else use the permit at the same site? Planning Commission June 10, 2015 Page 5 of 9 City Planner Wittman replied it doesn’t appear that permits are non-transferrable according to City Code, so the Commission may want to include a condition binding the permit to this applicant. Mr. Larsen added that they typically don’t locate within 15 miles of another produce stand. Commissioner Middleton asked if the traffic is cyclical during the day. Mr. Larsen said typically, the produce is packed up by 6 p.m. On weekends, at the most there are two to three cars at the stand at one time. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Fletcher remarked it’s great to have fresh fruits and vegetables. She is in favor of approval. Commissioner Middleton said he thinks the market will dictate the hassle factor, and he is in favor of approval. Commissioner Siess said she loves the concept but feels the site is not appropriate. Allowing the produce stand at this location would be detrimental to the public welfare and she cannot support the request. Motion by Commissioner Hansen, seconded by Commissioner Lauer, to approve Case No. 2015-12, a Seasonal Vending Permit to operate a produce stand at 1672 Greeley Street South, with the following conditions: a. The seasonal outdoor sales tent shall not be placed onsite before May 15 and shall be removed by November 15, annually. b. The seasonal outdoor sales tent shall be located as close to the established curb, at the southeast corner of the parking lot, as to not impede existing parking lot traffic. c. No utilities shall be extended to the seasonal outdoor sales tent. d. All existing and future trash receptacles shall be stored inside the tent. Trash shall be removed from the facility daily. e. The total number of signs shall be limited to three. f. No greater than three canopy signs shall be permitted. g. An inspection by the Fire Marshal will be required prior to the seasonal outdoor sales operation opening for business, annually. h. 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. i. The Seasonal Outdoor Sales Permit shall not be transferred to another party nor shall be valid at another site location. Motion passed 6-1, with Commissioner Siess voting against. Case No. 2015-13. Zoning Text Amendment (ZAT) to various City Code Sections regarding design review and Design Review Permitting, to include the removal of Design Review Permits for certain signage in the West Stillwater Business Park District. Planning Commission June 10, 2015 Page 6 of 9 City Planner Wittman explained that the Heritage Preservation Commission has discussed the removal of the Design Review Permit requirements for all existing signs and signs within an approved multi- tenant sign plan in the West Stillwater Business Park District. If the signage complies with the zoning code, the HPC is supportive of not reviewing the signage. A public hearing must be held by the Planning Commission on all proposed zoning text amendments. The Commission must forward a recommendation for approval, modified approval, or denial to the City Council for final action. Staff recommends that the Commission forward a favorable recommendation of approval to the City Council. A Zoning Text Amendment is recommended for approval which includes the following changes: a. All permits will be referred to as Design Review permits, consistent with City Code Section 31-209. b. Signs associated with new construction in the West Stillwater Business Park design review district will require a Design Review Permit. c. All new multi-tenant master sign plans in the West Stillwater Business Park design review district will require a Design Review Permit. d. All Design Review Permits will be reviewed and approved by the HPC. e. Design review may occur administratively for existing signs proposed to be replaced, signs proposed in part of an approved multi-tenant sign plan as well as new signs on existing businesses. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Fletcher stated she understands there is confusion between “design review” (a process) and “Design Review Permits” (an outcome). As part of the amendment, is there an opportunity to call it, not a Design Review Permit, but whatever the outcome of the permit is? City Planner Wittman replied that the true permit name is the Design Review Permit. She understands the validity of Commissioner Fletcher’s comments, but if the name of the permit were to be changed, staff would have to go back through the Code to ensure each occurrence would be caught. In regard to Section 31-209, C, Commissioner Siess asked why the language defines all those areas, rather than stating, anywhere that is a business in the City of Stillwater. City Planner Wittman replied that the HPC is charged with reviewing design in design review districts: the Downtown Design Review District and the West Stillwater Business Park District. The idea of the Downtown Design Review District is to help preserve the character of the Downtown Historic District. It has completely different standards than the West Stillwater Business Park District which was created to ensure that all the new development that was happening along Highway 36 and Highway 5 was aesthetically pleasing. Under the proposed amendment, the HPC would still review and approve or deny multi-tenant sign plans and signs for all new construction. It would no longer review applications involving existing signs and signs within an approved multi-tenant sign plan in the West Stillwater Business Park District. Motion by Commissioner Siess, seconded by Commissioner Fletcher, to recommend approval to the City Council of Case No. 2015-13, a Zoning Text Amendment to various City Code Sections, with consideration of changing Design Review Permits to Design Permits. All in favor, 7-0. Case No. 2015-14. Comprehensive Plan Amendment (CPA) to the City’s 2008 Comprehensive Plan, specifically to the City’s Park Plan and the Transportation Plan to incorporate a Trails Master Plan as required by the release of a Metropolitan Council System. Planning Commission June 10, 2015 Page 7 of 9 Consultant Melissa Douglas presented a summary of comments received to date on the draft Trails Master Plan Update. The draft plan and survey form were posted on the City web site. Staff has met with Washington County, Oak Park Heights, Downtown Revitalization Committee and bicycle subcommittee to present the plan. It also was sent to all neighboring communities for review. A public meeting was held last Thursday. She summarized some of the comments that were received during the process. One comment was that the river as a transportation corridor was not addressed in the plan. Another subject was the need for bicycle parking. Commissioner Fletcher stated she feels strongly about bike parking. The plan should address not only the quantity but also the form of bike parking. A broad range of types of bike parking should be considered. Some bike racks are not as good as others. She would like to look at enclosed fee-based bike lockers as one type of bike parking offered. Ms. Douglas continued that another topic that came up in a number of forums was the issue of conflicts among multiple users of trails. More detail is needed about this. She needs to research the possibility of speed limits on trails. Also, the need for interagency coordination and communication should be recognized as an ongoing staff workload item. Snowmobiles came up as a potential conflict with existing or proposed paved trails. She requested feedback on whether some sections should be elevated on the priority list: the section from Boutwell to McKusick, and the section from Stonebridge Trail on Highway 5 to the Brown’s Creek Trail. Another topic that came up was the recommendation for a new bike committee, and whether it should be a new Commission, a subcommittee of the Parks Commission, or a joint subcommittee of the Parks and Planning Commissions. Commissioner Siess noted that, considering the Minnesota state goal of being the most bike-friendly state, there would probably be a lot of people who would volunteer if it were a separate commission. Ms. Douglas noted that establishing a new Commission of the City would add to staff workload with separate meetings, management, and so on. If it were a subcommittee, meetings would be held in conjunction with a Planning or Parks Commission meeting. This would impact resources for staff. Commissioner Siess inquired about the City’s traffic committee. City Planner Wittman replied that the traffic committee, overseen by the Engineering and Public Works Departments, is a very inactive committee with infrequent meetings. Ms. Douglas went on to state that another suggestion was to add a first year implementation plan - a short term do-do list. This could be useful as a digest of near term objectives in the implementation section. Commissioner Fletcher suggested linking a first year implementation goal to the opening of the Loop Trail. Ms. Douglas replied that according to the schedule, the Loop Trail should be constructed over the 2017 construction season. A couple of suggestions were made to extend the bike route from Fourth Street to Stillwater Junior High, and to possibly jointly designate a route with Oak Park Heights to serve the Government Center and connect with the new bridge across Beach Road without going on County Highway 23. She stated her goal is to get a draft to the Commission next week to provide ample time for review before the July meeting. Planning Commission June 10, 2015 Page 8 of 9 Chairman Kocon commented when he thinks of trails, he thinks of kayaks or canoes as well as bikes and pedestrians, not cars. He would like to see kayak racks installed so that emphasis is on non- motorized transportation. Asked to explain concerns about Curve Crest Boulevard, Ms. Douglas replied that the discussion in the plan for Curve Crest talks about the need for pedestrian facilities on both sides of the street because of the types of uses, but the plan recognizes that the right-of-way is fully utilized right now. The recommendation is that it may be dropped to a three lane section, with the additional lane used for cycling improvements. Public Works staff is comfortable with this recommendation. This will all need to be examined at the time the road is rebuilt, which is not in the five year plan right now. Staff was asked to consider interim minor improvements, for instance improving signage and pedestrian crossings in the area. Public Works is asked to look at that corridor in more detail. Motion by Commissioner Siess, seconded by Commissioner Collins, to continue the public hearing to the July meeting. All in favor, 7-0. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Discussion of Front Yard Parking City Planner Wittman noted at the City Council’s meeting in May, a resident asked the Council to consider adopting an ordinance addressing the parking of vehicles in front and side yards. Public outreach is taking place until July 1 via an online survey. The subject will be brought back to the Commission in draft ordinance format next month for consideration. Councilmember Junker added that the resident who brought up the subject to the Council provided numerous photos and examples of how other cities address the situation. The Council would like to see some teeth in the City Code to help enforce this issue. City Planner Wittman added there are already ordinances about unregistered or expired tabs, but this is intended to address registered vehicles, to keep down the amount of vehicular clutter in front and side yards. Asked by Chairman Kocon about the example of a boat parked between two houses, City Planner Wittman said the focus is the need to get the vehicles out of the front yards and the side yards. Commissioner Hansen remarked the Commission should make sure it is not encouraging the expansion of driveways or limiting the number of vehicles residents can own. He would like to see what other cities are doing. Also, any ordinance should consider the different zoning districts in Stillwater and the different styles of homes, for instance, where a house has a driveway that is attached or in front of the house. Planning Commission June 10, 2015 Page 9 of 9 City Planner Wittman responded that at the next meeting, staff could bring back some specifics about ways other communities address the issue. She would also look at temporary parking in yards for events, similar to yard parking that occurs near the State Fair. OTHER ITEMS OF DISCUSSION There were no other items of discussion. ADJOURNMENT Motion by Commissioner Hansen, seconded by Chairman Kocon, to adjourn the meeting at 9:22 p.m. All in favor, 7-0. Respectfully Submitted, Julie Kink Recording Secretary