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HomeMy WebLinkAbout2016-01-13 CPC MIN PLANNING COMMISSION MEETING MINUTES January 13, 2016 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:03 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Lauer, Middleton, Siess, Council Representative Menikheim Absent: Commissioner Kelly Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of December 9, 2015 meeting minutes Motion by Commissioner Fletcher, seconded by Commissioner Collins, to approve the December 9, 2015 meeting minutes. All in favor, 8-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2016-01 Request for an amendment to an existing Special Use Permit for mechanical upgrades to Oak Park Elementary School, located at 6355 Osman Avenue North. BWBR, Inc., on behalf of Stillwater Area Schools, applicant. City Planner Wittman explained that the applicant is requesting an amendment to an existing Special Use Permit for the installation of a new 160 ton chiller to be located on the north side of Oak Park Elementary School. The approximately 19’ long, 8’ wide and 8’ tall unit will be enclosed in a 36’ long, 23’ wide and 10’ tall area. The inside of the chiller yard will contain concrete “hush quilt” material. The noise from the unit is estimated to be 43 decibels at 100 feet, well under the 55 maximum nighttime restriction for residential districts. The exterior of the enclosure will be a reinforced brick masonry product of the same color and tone as the existing structure. Staff recommends approval with one condition. Commissioner Hansen asked if there is any chance the noise would approach maximum decibel levels. Tony Willger, Operations Manager for Stillwater Area Schools, replied that according to the manufacturer, the sound deadening blankets will absorb the noise and it should not exceed the maximum decibel level. The equipment usually won’t run past 4 p.m. Planning Commission January 13, 2016 Page 2 of 7 Chairman Kocon opened the public hearing. Rob Sancartier, 216 Owens Street South, an HVAC service technician, questioned why the district is proposing a huge unit, spending a lot of money and working with a large company for a quick fix rather than hiring a smaller local company. He also expressed general concerns about the timing of the proposal and traffic throughout the city. Chairman Kocon closed the public hearing. Commissioners Hansen and Collins voiced support for the proposal. Motion by Commissioner Middleton, seconded by Commissioner Hansen, to recommend to the City Council that an amendment to an existing Special Use Permit for mechanical upgrades to Oak Park Elementary School, located at 6355 Osman Avenue North, be approved with the condition recommended by staff. All in favor, 8-0. Case No. 2016-02 Request for an amendment to an existing Special Use Permit for mechanical upgrades to Lily Lake Elementary School, located at 2003 West Willard Street. BWBR, Inc., on behalf of Stillwater Area Schools, applicant. City Planner Wittman explained the request. An amendment to an existing Special Use Permit is sought for the installation of a new 160 ton chiller to be located on the north side of Lily Lake Elementary School. The approximately 19’ long, 8’ wide and 8’ tall unit will be enclosed in a 36’ long, 24’ wide and 10’ tall area. The inside of the chiller yard will contain concrete “hush quilt” material. The installation would result in a loss of parking spaces; however there would still be a surplus of 49 spaces more than required. The structure would 100 feet from the nearest residential property line. The estimated noise would be 43 decibels at 100 feet. The exterior of the enclosure will be a reinforced brick masonry product with the same color and tone as the existing structure. Staff recommends approval with one condition. Commissioner Siess asked how Lily Lake staff feels about the proposal. Mr. Willger replied he had heard no concerns voiced by school staff. Commissioner Siess asked if the applicant had asked the PTA about the proposal and Mr. Willger replied no. Commissioner Middleton asked if multiple rooftop units were considered. Mr. Willger replied yes, but it would have presented more sound concerns. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Siess stated whenever there is an event at Lily Lake school, the parking situation is awful and there are no appropriate places to park in surrounding neighborhoods. She said she opposes the proposal due to the reduction of seven parking spaces. Chairman Kocon responded that the Downtown Parking Commission sets parking requirements which are met under the proposal. Planning Commission January 13, 2016 Page 3 of 7 Motion by Commissioner Lauer, seconded by Commissioner Hade, to recommend to the City Council that an amendment to an existing Special Use Permit for mechanical upgrades to Lily Lake Elementary School, located at 2003 West Willard Street, be approved with the condition recommended by staff. Motion passed 7-1 with Commissioner Siess voting nay. Case No. 2016-03 Request for an amendment to an existing Special Use Permit for mechanical upgrades to Stillwater Junior High School, located at 523 Marsh Street West. BWBR, Inc., on behalf of Tony Willger, Stillwater Area Schools, applicant. City Planner Wittman explained that the applicant is requesting an amendment to an existing Special Use Permit for the installation of a new 160 ton chiller to be located on the north side of Stillwater Junior High. The approximately 19’ long, 8’ wide and 8’ tall unit will be enclosed in a 59’ long, 25’ wide and 10’ tall area. The inside of the chiller yard will contain concrete “hush quilt” material. The exterior of the enclosure will be a reinforced brick masonry product with the same color and tone as the existing structure. The nearest residential property lines are more than 500 feet away. The installation of the improvement will necessitate the removal of five parking spaces on the east side of a 14-stall parking lot. The applicant is proposing retaining the western stalls in an angled fashion. The proposed configuration of these parking spaces does not meet the City’s design requirements, therefore staff has determined there will be a net loss of 11 parking spaces. Despite the reduction in parking spaces, there will still be a surplus of nine parking spaces. Staff recommends approval with one condition. Commissioner Siess recalled a lot of community concerns about traffic that were related to the ECFE center. Mr. Willger stated the District has not explored replacing the lost parking spaces because it would cause loss of green space. Motion by Commissioner Hansen, seconded by Commissioner Collins, to recommend to the City Council that an amendment to an existing Special Use Permit for mechanical upgrades to Stillwater Junior High, located at 523 Marsh Street West, be approved with the condition recommended by staff. Motion passed 7-1, with Commissioner Siess voting nay. Case No. 2016-04 Consideration of adoption of new regulations pertaining to parking vehicles on yard areas. City of Stillwater, applicant. City Planner Wittman summarized discussions from the last few meetings. She reviewed modifications to City Code proposed by staff as a result of the discussions and direction by the City Council. She also presented a legislative version for a complete description of all modifications proposed. She noted the City Council has a public hearing scheduled for February 2. Ms. Wittman also stated that the concept of establishing a permitting process for driveways was discussed with Public Works Director Sanders; Mr. Sanders felt that a permit process may be a good idea, but the City would need to establish driveway standards first. Commissioner Hansen asked if the proposed ordinance includes a definition of the allowable surfaces. He said if the City begins requiring permits for driveways based on design standards, then he thinks the standards should include some options for pervious material for driveways. Chairman Kocon opened the public hearing. Planning Commission January 13, 2016 Page 4 of 7 Rob Sancartier, 216 Owens Street South, spoke in opposition to the proposed regulations. He feels strongly that it infringes on property owners’ rights to own vehicles and work on them in their own yards, especially those who cannot afford to rent space to park them elsewhere. He feels there is too much governmental control in general. Jim Hansen, 1303 Fifth Avenue South, asked why concrete or bituminous are required, but not gravel which is more pervious. He has gravel alongside his house and has not had a problem with runoff. He voiced complaints about lack of City communication about the issue. Eric Solberg, 2064 Oak Glen Drive, stated the proposed ordinance doesn’t appear to address the issue of vehicle size. He suggested establishing a maximum size for a parking stall which would limit the size of the vehicle it could accommodate. He also asked how the ordinance would apply to existing situations, whether they would be grandfathered in. Ms. Wittman replied that existing non-compliant parking areas would be in violation of the ordinance. Mr. Solberg went on to state he feels there is still a need to consider Class 5 surfaces as there are a number of properties that currently have Class 5 driveways. He also said that permits without standards are useless. Natalie Seum, 2160 Oak Glen Trail, agreed with Mr. Solberg’s comments. She expressed concerns about her property value because her sunroom faces a property with a boat covered by a huge tarp. Katie Friend, 1901 Oak Glen Lane, related that her neighbors have a giant motorhome that blocks her view. She is worried about property values and feels the current proposal does not address the size of vehicles. Steve Zoller, 2316 Oakridge Road, recognized that some RV owners are responsible in trying to lessen the impacts on neighbors. He went through great expense to get his own motorhome off the street and bought a cover for it to match his house so it would blend in. He has not drawn a complaint in six years. Dan Fabian, 326 South Sixth Street, stated his driveway is on the property line, so he is concerned about possibly being required to move his driveway in the future, or to obtain a permit or variance. He feels if the issue isn’t a big problem, the City should be careful not to take away personal property rights. He recognized Class 5 is not much more pervious than asphalt, but there are other pervious surfaces to consider. John Colburn, 224 Willow Street East, stated that his property has no backyard; he owns a boat and small RV so they must be in the side yard. He reiterated concerns about property owners’ rights, as expressed by Mr. Fabian and Mr. Zoller. He feels that adopting the proposed regulations would be akin to adding covenants. He asked the Commission to consider allowing parking on pavers, pea rock and other surfaces. He has researched case law offering definitions of visual blight, and noted that other cities have stayed away from this issue. Tammy Olson, 1710 North Broadway, said she is very concerned about lack of City communication about the hearing. She asked the Commission to consider unique properties and not over-regulate. She would like to be able to manage her property as she feels best. Todd Reich, 422 Pine Tree Trail, noted he paid $850 for a water project to stop runoff. He feels the City would be going backward by allowing pads. He finds long grass plantings at corners more offensive than any trailers he has seen. Planning Commission January 13, 2016 Page 5 of 7 Chairman Kocon closed the public hearing. The meeting was recessed at 8:50 p.m. and reconvened at 8:55 p.m. City Planner Wittman explained the process used to survey residents, and summarized the public outreach that was done, including sending press releases to all local papers, advertising the public input survey, discussing it at the Commission’s November and December meetings, and sending notice of the survey through the City’s direct email system to 660 individuals who signed up for community notices. 297 survey responses were received. 20% indicated they do park or have parked on their lawns. 54% said they did not think yard parking was a problem, but 61% still wanted to see it regulated. 78 respondents stated front yard parking should be regulated. About half indicated side yard parking or backyard parking should be regulated. Chairman Kocon recapped comments received during the public hearing, and reminded the audience that the Council will make the final decision on the ordinance. He feels other pervious surfaces should be allowed such as gravel. Commissioner Middleton spoke about alternative surfaces that he would like to include and encourage. Commissioner Hansen agreed that pervious surfaces should be allowed. He pointed out that the Council requested an ordinance be drafted to regulate yard parking. He feels pavers are a good solution, but that doesn’t eliminate the issue of yard parking. Councilmember Menikheim informed the Commission that initially, a citizen approached the Council about visual blight and aesthetics of yard parking. He feels the Commission’s discussions will give the Council a larger knowledge base. Commissioner Middleton said it seems the Commission is trying to address blight by using a code to regulate surfaces. The issue that the Commission spoke about in December at length was the aesthetic of vehicles being parked in yards. Commissioner Fletcher said she feels there are competing goals - an aesthetically beautiful historic city, and the water quality of rivers and streams. She agrees that the ordinance as proposed may not be optimizing the best of both goals. Commissioner Hansen concluded there are people who want to have RVs on their property, and people who don’t want to look at them; they are both right in what they’re saying. There is nothing the City can do that will make both groups happy. He suggested addressing the issue in smaller bites to see what can be done to improve what is being proposed, without going in one direction or the other direction. He reiterated that the regulations should allow for other types of improved surfaces. Chairman Kocon said he is not a complete fan of what is in front of the Commission but he feels the Commission can play with it. Commissioner Hade stated he feels the permit process should be included in the regulations because it would allow projects requiring variances the opportunity for public input. Planning Commission January 13, 2016 Page 6 of 7 Commissioner Hansen suggested using something like a permeability rating by which to measure compliance in terms of surface used. He would like to attach a quantifiable number to the definition, retaining the ability to establish a range and have a variance to it. Chairman Kocon responded he feels the Commission is confusing improved with impervious. An improved and an impervious surface might both meet the standards. He prefers to use the word improved - for instance, requiring that an improved surface may not exceed 50% of the front yard area, defining what is an improved surface, including what is considered compliant when pavers are used, how much sand and gravel, and so on. Commissioner Middleton noted if the Commission as a group is alright with 50% coverage for improved surface, does it matter whether it’s pervious or impervious? The problem is that the technology is changing so rapidly that it’s difficult to find appropriate language that would not require a variance every time someone wants to do something out of the norm. Ms. Wittman suggested if concrete and asphalt have zero permeability and the City wants to encourage surfaces that allow water to drain through, then the City can establish an acceptable range to be considered an improved surface. She summarized that the Commission wants to expand requirements from concrete and asphalt, and to allow for more pervious surfaces based on a measure of permeability which needs to be brought back to the Commission. Commissioner Middleton said he feels that measuring permeability is a slippery slope; in other words, if there is already a 50% maximum improved surface allowed in the front yard, why try to quantify the permeability rate; if concrete is allowable, what difference does it make what the permeability of any other surface is? Chairman Kocon said he is more interested in the durability of a surface and how it stands up, than its permeability. He feels the standards should be drafted to ensure durability. The Commission should expand the definition of allowable surface to include gravel, pavers, and the pavers that are diamond shaped that include gravel. That would provide more options for residents. Commissioner Hansen recognized he is the only Commissioner who doesn’t want a permit requirement for driveways. If there is a permit requirement, then he is not comfortable limiting the allowed surface to only those options the Commission can think of tonight, because there are a lot of new products coming out. He would like to ensure there is a way to obtain a variance. City Planner Wittman reminded the Commission that the variance process requires something measurable to which a variance can be granted. Commissioner Siess stated she is on the fence about requiring permits for driveways. Motion by Commissioner Middleton, seconded by Commissioner Hade, to table consideration of adoption of new regulations pertaining to parking vehicles on yard areas and direct staff to develop standards for pavers and gravel, and to develop some sort of measurable indicator for the potential allowance of variances. All in favor, 8-0. NEW BUSINESS Planning Commission January 13, 2016 Page 7 of 7 Case No. 2014-13 Request for an extension on a Special Use Permit for construction of a sculpture near the front entrance of Our Saviors Lutheran Church, located at 1616 Olive Street West. Gwen Johnson, representing Our Saviors Lutheran Church, applicant. City Planner Wittman explained that in May 2014, the Planning Commission gave conditional approval for the installation of a sculpture to be located on the Our Saviors Lutheran Church property. The property owner acknowledges that the sculpture will not be installed prior to the expiration of the Special Use Permit issued nearly two years ago, and therefore has requested an extension. Staff recommends approval of a one-year extension. Motion by Commissioner Hade, seconded by Chairman Kocon, to approve a one-year extension to the Special Use Permit issued to Our Saviors Lutheran Church, 1616 Olive Street West, for installation of a sculpture. All in favor, 8-0. UNFINISHED BUSINESS There was no unfinished business. STAFF UPDATES Public Hearing Notification In light of residents’ complaints about not being notified about the public hearing on yard parking, Commissioner Hansen asked if staff could explore additional options for communicating with the public. He acknowledged the numerous methods the City already uses to inform residents. City Planner Wittman replied staff can explore additional options for communicating. ADJOURNMENT Motion by Commissioner Middleton, seconded by Commissioner Hansen, to adjourn the meeting at 9:56 p.m. All in favor, 8-0. Respectfully Submitted, Julie Kink Recording Secretary