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HomeMy WebLinkAbout2016-02-10 CPC MIN PLANNING COMMISSION MEETING MINUTES February 10, 2016 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Lauer, Siess, Council Representative Menikheim Absent: Commissioners Hade, Hansen, Kelly and Middleton Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of January 13, 2016 meeting minutes Commissioner Siess requested that a statement be added to the minutes regarding the discussion of Case No. 2016-02, indicating that she asked if the applicant had asked the PTA about the proposal and Mr. Willger replied no. Motion by Commissioner Lauer, seconded by Commissioner Collins, to approve the January 13, 2016 meeting minutes as amended. All in favor, 5-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2016-06 Request for a Zoning Text Amendment for Sec. 31-315 to allow a Senior Care Living Facility permitted with a Special Use Permit in the Townhome District, located at 1167 Parkwood Lane. Gopher REO, LLC, owners and Matt Twomey, applicant. City Planner Wittman explained that the applicant has three contiguous townhouse zoned parcels under contract. If the Zoning Text Amendment were approved, he would then proceed with the Special Use Permit process for the Commission’s consideration of a Senior Care Living Facility on his specific parcels. This public hearing is for the purpose of considering the general question of whether Senior Care Living Facilities should be permitted by SUP in all townhouse zoned parcels. Currently, senior living facilities are allowed only in the RCM and LR districts. Staff recommends approval. Matt Twomey, applicant, reviewed the proposal. He reported that he had notified surrounding residents on Parkwood of his intent to seek a Zoning Text Amendment. He has not yet done full engineering plans, but would do them for submission with the SUP application, if the ZAT is approved. Planning Commission February 10, 2016 Page 2 of 7 Mr. Twomey said that the proposed facility would be relatively small with 40 beds; it would not have a large scale feel. He would provide one parking stall for every five rooms; very few residents are expected to need stalls for vehicles. Chairman Kocon opened the public hearing. Art Junker, 1164 Parkwood Lane, stated the need for townhomes is great in Stillwater. He encouraged the Commission to keep the land zoned for townhomes rather than senior care living. He expressed the following concerns: If independent living is part of the facility, there could be more traffic than anticipated. Since only one entrance to the site is proposed, service vehicle traffic would compete with staff and resident traffic. He also expressed concern about the possibility of light pollution and the narrowness of the street for truck deliveries. Commercial access would involve crossing County Road 5 which could be dangerous for the senior care residents. Michael Hughes, 1172 Parkwood Lane, commented that the proposed development is not appropriate because it changes the nature of the neighborhood. He feels that the neighborhood is not against senior living, but there are many other more suitable locations in Stillwater. He is concerned about the 24/7 commercial activity in a residential area. He added that the text amendment seems like an effort to circumvent what he feels should be a full zoning change involving a comprehensive plan amendment. Darla McCarty, 1161 Parkwood Lane, encouraged the Commission to leave the neighborhood as townhomes and single family residences to retain the real neighborhood feel. Martha Morse, 1172 Parkwood Lane, said she would welcome the development of townhomes on the parcels, which she anticipated when she bought her property five years ago. She refuted statements in the staff report regarding the need for senior care facilities in the City. She is concerned that this project is building for a need that isn’t there. There is high demand for townhomes in Stillwater. She encouraged the Commission to reject the proposed text amendment. Lou Bruno, 1144 Parkwood Lane, expressed concern about the prospect of increased traffic. He said that more entrepreneurs are starting their own in-home care business, diminishing the need for facilities like the one proposed. He feels there are other more appropriate locations and the Commission should reject the proposal. Debra Keech, 1156 Parkwood Lane, agreed with statements made by her neighbors encouraging the Commission to leave the townhome designation unchanged. Suzanne Werner, 1183 Parkwood Lane, mentioned that Parkwood Lane is maintained by the City, but she lives in one of nine townhomes whose road is maintained by the townhome association. Increased traffic would cause overflow parking to be right in front of their townhomes. Chairman Kocon closed the public hearing. He pointed out that if the Zoning Text Amendment is approved, the proposal would still require a Special Use Permit. A Zoning Text Amendment would still allow townhomes to be built on the property. The Commission is not considering the proposal specifically, but rather, a Zoning Text Amendment. Commissioner Siess said she isn’t comfortable applying the proposed amendment to all townhouse areas. She feels the facility is more of a business use than residential. She also feels there is a fundamental economic need for townhomes. Planning Commission February 10, 2016 Page 3 of 7 Commissioner Collins noted he also struggles with making one change that affects other areas throughout the City. He feels there are other options for the development. Commissioner Fletcher suggested the issue of the Zoning Text Amendment may be better addressed as part of the Comprehensive Plan update. She would rather see more flexibility in adding the senior care living uses to an existing zone rather than creating a separate unique zone for them. Chairman Kocon pointed out the neighborhood arguments have been excellent specific to the site, but he feels a Zoning Text Amendment would be appropriate even if the development as proposed may not achieve a Special Use Permit. Any proposal would have to come back before the City. Commissioner Siess argued that businesses are inappropriate for the middle of residential neighborhoods. Chairman Kocon reiterated that any specific proposals would need to be individually approved. Commissioner Lauer remarked that the site-specific arguments from the neighborhood make a lot of sense, but he would like more flexibility in the zoning to allow the City to react to changing needs. He values the diversity of having an older and younger population mix in a neighborhood. Motion by Commissioner Lauer, seconded by Commissioner Fletcher, to recommend to the Council to approve the Zoning Text Amendment to allow for Senior Care Living Facilities in the TH District. Motion passed 3-2, with Commissioners Siess and Collins voting nay. Case No. 2016-07 Request for Variance for 24’ x 24’ two-car garage in northeast corner of property, located at 803 Willard Street West. Jeff Polacek, owner, and Alex Polacek, applicant. City Planner Wittman explained the request. Alex Polacek is requesting a 15’ variance to the required 30’ front yard setback for a garage. The property is for sale and the future buyer wishes to demolish the existing garage and replace it with a new two-car garage. The new garage would be 7 feet further back from the street than the existing garage, but still would be only 15’ from the property line so it would not conform to the zoning setbacks for garages in the district. Staff finds no unique circumstances or practical difficulty, and recommends denial. Alex Polacek noted the reason she wants the new garage to be closer to the street is that placing the garage further back on the lot would eliminate the only safe, private yard space for pets and children. There is no other feasible spot due to distance to other homes. Commissioner Siess commented that 15 feet is a large variance. She asked if the applicant has considered other alternatives. Ms. Polacek restated that the only alternative is to build the new garage in the back corner of the lot, thus eliminating the only safe, private yard space. She also would like to maintain safe access from the garage to the home; she wants to avoid increasing this distance. Chairman Kocon opened the public hearing. There were no public comments. The public hearing was closed. Planning Commission February 10, 2016 Page 4 of 7 Commissioner Fletcher said she struggles with granting the variance because it can’t be proven that there is no alternative. Commissioner Lauer pointed out that there is room to construct the garage without a variance. Chairman Kocon remarked that he has a three-car garage that is 20’ x 30’ and he manages to get a boat and two cars in it. A two car garage could be 20’ x 20’. So if the garage were 4’ shorter, the applicant could shorten the variance; if it were 6’ shorter, it would line up with the front of the house. He feels the variance isn’t justified and there are alternatives. Commissioner Collins noted that the current garage sticks way out. If it were moved farther back behind the house, he could support that, but he is uncomfortable with the current request. Motion by Chairman Kocon, seconded by Commissioner Collins, to recommend to the Council to deny the variance for a 24’ x 24’ two-car garage in the northeast corner of the property located at 803 Willard Street West. All in favor, 5-0. Case No. 2016-09 Request for Special Use Permit for Sleep Center, located at 850 Churchill Street West. Lakeview Health Systems, owner and Keith Messinger, applicant. City Planner Wittman reported that the applicant is requesting a new Special Use Permit to allow for the conversion of the existing hospital office building into a sleep study center with four bedrooms. The facility would be open six days a week and employ no more than six staff members each day. An estimated total of 10-12 patients would be seen each day with a maximum of four patients to be onsite at night. The existing SUP approved in 2013 prohibits use of the structure for patient related care functions. Ms. Wittman stated she had fielded concerns from three property owners Staff recommends approval with ten conditions. Commissioner Siess asked why the prohibition on patient related functions was part of the original SUP. Ms. Wittman replied there has been a general concern from neighbors about the hospital business encroaching further into the neighborhood. Ted Wegleitner, President & CEO of Lakeview Hospital, explained that the need for sleep studies and treatment of sleep disorders has grown substantially. The current two-bed sleep center is not large enough to meet demand and there is no other space in the hospital to expand. The proposed four bed center would allow an additional 145 patients to receive treatment each year. He explained that the HVAC system will be a special quiet unit surrounded with special dampening to ensure it is under minimum levels. Traffic is anticipated to be less with the sleep center than the present office use. Lakeview has no intention of expanding beyond its current footprint. Noise will be tested to ensure compliance. Signage will be worked out with the Heritage Preservation Commission. Laundry and other deliveries will happen during business hours. He summarized the benefits to the community. Chairman Kocon pointed out that the staff report includes a statement that laundry services will use a side service door and happen at 5:30 a.m. Mr. Wegleitner responded that the hospital will ensure laundry delivery happens during regular business hours, no earlier than 7:30 a.m. nor after 4:30 p.m. Patients leaving to go home after a night study would leave around 6:30 a.m. Chairman Kocon said he would like to see a stipulation that patients be released no earlier than 6:30 a.m. Planning Commission February 10, 2016 Page 5 of 7 Commissioner Collins asked how the existing sleep rooms at the hospital will be used. Mr. Wegleitner replied they will be call rooms for staff who are on call. Dr. Ucer, Medical Director of the Sleep Lab at Lakeview Hospital, informed the Commission that sleep problems are epidemic. The end of the study time varies - some patients have to keep regular work hours so they may leave the facility before 6:30 a.m. Asked by Chairman Kocon to address anticipated noise levels, project engineer Terri Ulrick, BWBR Architects, said the HVAC will run at 61 DBA, but its enclosure will make it 46 DBA. To compare, home condenser air conditioner units usually run at 61 DBA; 46 DBA is comparable to the noise level heard in a normal office area. Chairman Kocon opened the public hearing. Ernie Preimesberger, 819 West Abbott Street, stated that the hospital has been a great neighbor, but he has concern about noise levels since the blower would face his bedrooms. He asked what guarantees there are that this will not cause problems for him. Anthony Beyer, 904 Churchill Street West, said he is opposed to the amendment. He reflected that the current SUP prohibited patient care on the site to make it more palatable to neighbors and the Commission. He feels that incremental changes to the neighborhood are being made, and the facility is not suitable for this location because of concerns about light pollution, signage, and hours. Chairman Kocon closed the public hearing. Commissioner Siess asked if the hospital changed the services to be provided at this location, would they be required to come back to the Commission? Ms. Wittman responded that sleep study services would be the only patient care services allowed under the SUP - this is one of the staff-recommended conditions. The SUP would not be transferrable to another facility without prior consent. Commissioner Collins asked about lighting. Ms. Wittman shared that no additional lighting has been proposed. A condition may be added stating that no additional lighting fixtures would be allowed. Commissioner Fletcher noted the residents have raised good concerns, which have mostly been addressed by the applicant. She feels comfortable that the SUP is headed in the right direction. Commissioner Siess commented that she struggles because she remembers when the original SUP for the building was considered. She is concerned about growing encroachment into the residential area. Chairman Kocon said he doesn’t see it as an encroachment because the building is already there and the Commission is simply looking at a different use. It should be made clear that if approved, patients would be expected not to be leaving the facility at ungodly hours, with few exceptions. Commissioner Siess clarified that encroachment is the placement of business, any type of business, into the residential area. Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to recommend to the Council that the Special Use Permit for a Sleep Center, located at 850 Churchill Street West, be approved with conditions recommended by staff, and with the following additional conditions: a) lighting fixtures must Planning Commission February 10, 2016 Page 6 of 7 provide a complete cut-off so the bulb/source of light cannot be seen off the property, and at the property lines, the illumination must be engineered to be zero lumens; b) laundry services shall be limited to 7:30 a.m. -4:30 p.m.; and c) prior to the release of a Certificate of Occupancy, verification of compliance with the noise ordinance provisions shall be submitted to the City upon installation of the exterior mechanical equipment. Equipment not in compliance with the City’s nuisance regulations shall be rectified. Motion passed 4-1 with Commissioner Siess voting nay. NEW BUSINESS There was no new business. UNFINISHED BUSINESS Case No. 2016-04 Request for adoption of new regulations pertaining to parking vehicles on yard areas. City of Stillwater, applicant. City Planner Wittman provided background and reviewed proposed code amendments as detailed in the staff report. Chairman Kocon opened the public hearing. Douglas Isackson, 2821 Icerose Lane, asked for interpretation of the ordinance as relates to a concrete slab beside his garage. Ms. Wittman said that as drafted, the code states that any nonconformance would be allowed to be maintained, so he may continue to park his trailer there. Rob SanCartier, 216 Owens Street South, stated he believes efforts are being made to stop Stillwater residents from working on vehicles in their driveways to make financial ends meet, and also to ban motorhomes, boats and RVs from driveways and yards in Stillwater. These items are the focus of family activities; renting storage for the items would put them out of reach for many families. He presented a petition requesting that the City allow residents to continue to have and work on these items. He asked the Commission to reconsider its position on the yard parking ordinance. Sheldon Wendorf, 521 West Maple Street, stated he has been parking trailers here all his life and for four generations back. He asked for clarification about parking items on driveways. Ms. Wittman stated residents would be allowed to maintain an existing parking pad. Dennis Lanoux, 617 West Wilkins Street, noted he has a nonconforming driveway and no parking pads. He can’t afford to put pads under his boat and trailer. He feels the ordinance will devalue his property and make it harder for him to sell it. He feels residents should be able to put a boat or trailer in their backyard. It would cost $150/month to store his boat offsite. Putting in a pad would ruin old trees and be cost prohibitive. He urged the Commission to think about the negative impacts on the community. Ms. Wittman clarified that under this ordinance, he would be allowed to park his boat and RV in the rear yard, as the ordinance applies only to front and side yards. Dan Henkel, 717 Linden Street, told the Commission he was relieved to hear City Planner Wittman’s clarification. He reminded the Commission to consider other parts of the City code which could limit the number of vehicles. He would hope that gravel or rock surfaces are allowed, as young families can’t afford to put a 30 x 16’ cement in their yard. Ms. Wittman addressed concerns about the number Planning Commission February 10, 2016 Page 7 of 7 of vehicles, saying that newly constructed homes must have a minimum of two off-street parking spaces. Chairman Kocon closed the public hearing. Commissioner Collins noted this has been a long process resulting in a minimalistic approach. He feels the steps taken have been good and supports the current draft ordinance. Commissioner Siess noted that she and Commissioner Hansen had reservations about the permit process. She is not in support of requiring a permit if it is going to be more burdensome for staff. Chairman Kocon countered that permits are needed to regulate the process and ensure projects are done right. Commissioner Fletcher reminded the audience that the draft ordinance will go to the Council for more discussion and action. She feels comfortable with the draft ordinance. Motion by Commissioner Lauer, seconded by Commissioner Collins, to recommend to the Council to approve the draft ordinance pertaining to parking vehicles on yard areas. All in favor, 5-0. STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Siess, seconded by Commissioner Fletcher, to adjourn the meeting at 9:56 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary