HomeMy WebLinkAbout2016-03-09 CPC MIN
PLANNING COMMISSION MEETING MINUTES
March 9, 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, Hade, Hansen, Lauer, Council
Representative Menikheim
Absent: Commissioners Kelly, Middleton and Siess
Staff: City Planner Wittman
APPROVAL OF MINUTES
Possible approval of February 10, 2016 meeting minutes
Motion by Commissioner Fletcher, seconded by Commissioner Collins, to approve the February 10, 2016
meeting minutes. All in favor, 5-0-1 with Commissioner Hansen abstaining.
OPEN FORUM
There were no public comments.
PUBLIC HEARINGS
Case No. 2016-11 Consideration of an amendment to the Golf Course Club House Special Use Permit to
allow for an outdoor grill and outside eating area to be located at Stillwater Country Club, 1421 Fourth
Street North in the PROS Zoning District. David Wolf, applicant.
City Planner Wittman explained that the applicant is requesting an amendment to the Golf Course
Special Use Permit to allow for an outdoor grill and outside eating area. The grill area would be placed
on an existing patio under an existing 12’ square pergola. The intent is to make outdoor food service
available for members of the country club while they are mid-game. Staff recommends approval with
two conditions.
David Wolf, Clubhouse Manager at Stillwater Country Club, offered to answer questions.
Chairman Kocon opened the public hearing. There were no public comments. Chairman Kocon closed
the public hearing.
Motion by Commissioner Collins, seconded by Commissioner Hade, to recommend that the Council
approve the amendment to the Special Use Permit to allow for an outdoor grill and outside eating area at
Stillwater Country Club, with conditions recommended by staff. Motion passed 6-0.
Planning Commission March 9, 2016
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Case No. 2016-12 Consideration of a Special Use Permit and associated variances for the retrofit and
expansion of the structure to be used as a performing arts theatre and associated bakery with outside
concessions and eating area to be known as the Zephyr Theatre located at 601 Main Street North in the
CBD Zoning District. Franz Hall, applicant.
City Planner Wittman explained the request. Only a Dim Image Productions is proposing adding onto
the Zephyr Depot building and renovating the structure into a 332-seat stage theatre and bakery/coffee
shop. The addition will be situated on the north end of the building. Approximately 1,300 square feet
would be removed from the existing building and approximately 8,000 square feet would be added
onto the remaining portion of the structure. A new parking lot is proposed to be developed to the north
of the structure on City-owned land. Three Special Use Permits and the following variances would be
needed for the development: a 13’ variance to the 37’ height restriction in the CBD Height Overlay
District; a 15’ variance to the 15’ front yard setback; a 20’ variance to the 20’ rear yard setback; and
a 4.7% variance to the 80% maximum impervious surface coverage. Staff recommends approval of
the Special Use Permit, rear yard setback variance request, front yard setback variance request, and
maximum lot coverage variance request, with 14 conditions. Staff recommends the Commission
recommend to the City Council approval of a 13’ variance to the 37’ maximum height for structures
in the CBD Height Overlay District. Ms. Wittman mentioned two public comments were received,
expressing concerns about the view, traffic, bike trail and the park.
Calyssa Hall, artistic director of the Zephyr Theatre, provided background on the theatre company.
Franz Hall, applicant, explained the history of theatre in Stillwater. He reviewed the proposal, theatre
design and site plan.
Commissioner Hade asked if the applicants have talked to the school board about using the school
theatre. Mr. Hall replied that they have, but that space is in use throughout the school year.
Roger Tomten, ARCHNET, architect for the project, presented a history of the manufacturing uses of
the site. He emphasized that the small family-run business seems to fit the economic development
goals of City’s comprehensive plan.
Chairman Kocon asked about the height. Mr. Hall responded that the lower level is 8’ tall underneath
the stage; its functions will be dressing rooms, shop, meeting room, rehearsal space, orchestra pit, and
trap system. Space under a portion of the bakery (the original portion of the building) will be used for
furniture, props etc. This space would be below the flood plain, it is allowed for storage but not
habitable space. There is not enough square footage in the existing footprint for storage.
Chairman Kocon said he thinks that theatre is a fabulous opportunity for the City, in a great location,
but he sees height as a real issue. Mr. Hall stated that originally, they thought the building could be
about 7’ lower, but once they learned they could not have habitable space below the flood plain, they
had to push the building out. The north end of the building is actually outside the flood plain area.
Commissioner Collins asked if the fly loft area is designed for the minimal amount of space. Mr. Hall
replied that it is; you have to be able to lift the backdrop completely out of the sight line of theatre-
goers.
Commissioner Hansen asked about days of operation. Ms. Hall responded that performances would
generally be Thursday through Sunday evenings, possibly with Saturday or Sunday matinees, and they
Planning Commission March 9, 2016
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would look at renting the meeting room space during business days. The bakery would be open during
the day and would be exclusive to the theatre during performances. Rehearsals would be held in the
evening in the meeting room.
Chairman Kocon asked if the bakery would serve trail users as well as theatre goers. Mr. Hall answered
that the primary function of the bakery would be to serve the theatre but they would like to have it
open to serve people on the trail as well as anyone in downtown Stillwater.
Commissioner Hade asked if they would be serving alcohol. Mr. Hall said they have thought of serving
wine and beer for performances only, not for the general public.
Commissioner Collins asked if the theatre would host classes and workshops like the Phipps. Ms. Hall
replied that the actual performances would have completely professional paid actors and paid staff,
but they would also have education and arts space for the community.
Chairman Kocon opened the public hearing.
Joanne Mrosak, Unit 307, 650 Main Street, said she was speaking on behalf of others in her building.
When they purchased their units, they understood they would have a river view or partial river view.
The proposed structure would block 16-20 of the units from having a river view. Expanding the
parking lot into the City-owned land would result in downing some trees, impacting the beauty of the
trail. She feels the bike trail should be about serving the community’s recreational needs. The theatre
will not be an enhancement to downtown Stillwater; it will take away from the character of the
community. She also questioned whether a feasibility study has been done, as there are several other
theatres nearby. Also, there are lots of challenges in the site area related to water issues. She feels the
site should be used for something more feasible and related more to the bikers and recreational uses
nearby. She expressed concerns about the noisiness of the parking. She is all for theatre, but feels this
is the wrong spot for it.
Ed Fagerlund, Unit 200, 650 Main Street, voiced concerns about the height of the proposed structure.
He reiterated that there will be 16-20 units whose views would be impacted, some being substantially
blocked. The fact that the Marina buildings block river views doesn’t excuse this additional blocking
of the river views. He pointed out the importance of upholding the restrictions that protect the
viewscapes of residents. He feels the proposed addition is not good looking and does not fit with the
depot. He also mentioned the importance of parking to the 177 units in Terra Springs, asking the
Commission not to add to the parking pressure of the area. He asked that the Terra Springs Association
and the 650 Association be involved in discussions of the parking and noise impacts.
Sue Hedin, Unit 405, 650 Main Street, agreed with the previous speakers. She feels the proposed
structure would obliterate 60% of the river view from her deck. She also stated there have been many
failed theatre attempts in Stillwater so she would like to see a study done to determine if there is a
need for theatre in the area. With the development of the new park north of the site, there should be a
tie-in to activities going on in the park. That seems not to have been addressed.
Gladys Ritter, Unit 202, 650 Main Street North, commented that the theatre project sounds wonderful;
however she is concerned about the height. She asked what remuneration could be given to those
whose views would be lost. She feels nothing could be given in return that would match the value of
what would be taken if the height cannot be lessened.
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Monica Pustovar, Unit 309, 650 North Main Street, brought up concerns about the height variance,
congestion, and additional noise. She asked if the north parking area would be open to the public when
the theatre is not in use - this would definitely add to the congestion. Residents of Terra Springs see
and hear everything across the street; she asked about hours of operation of the theatre and what other
uses it might be rented for.
John Grisbeck, 730 Winslow Avenue, St. Paul, a member of the theatre board, expressed concerns
about height and preserving the critical area along the river. He serves on a St. Paul City Council task
force looking at height restrictions along the river. This has made him very sensitive to the concerns
of the public for their views of the river. He recognizes that the Commission must try their best and
will have to make some sacrifices to minimize the height. He recognizes there will be some problems
with the height restrictions; there are ways to minimize it by the type of material put on the building
and also with the trees. When one lives near the river, there are no guarantees that one will always
have the view. The additional 13 feet in this case is a necessity.
Mark Jarrett, chairman of the board of trustees of Only a Dim Image Productions, 5038 Marquess
Trail North, Lake Elmo, stated that his organization has sent letters to the management of the facility
across the street and has contacted residents of the facility to try to set up a meeting with the
homeowners. They would like to try to minimize height. Their study shows there will be three units
whose view of the river would be significantly impacted. They would like to discuss this with the
homeowners. In general most events would be done by 10:30 p.m. The intent is to have staff on hand
to help direct traffic after the show. To start with, shows are planned Thursday night through Sunday.
In addition, the types of music groups that may perform there include local orchestras and bands,
singing groups and dance groups. The intent is for the theatre to be a professional paid theatre along
the lines of Chanhassen Dinner Theatre or the Guthrie. They have done a feasibility in the east metro
indicating that at a mature rate of fill for the theatre, if 8% of all college educated people in the
surrounding counties attended one event at the theatre per year, that would meet their need.
Kathy Fagerlund, Unit 200, 650 Main Street North, a board member of the Terra Springs Master
Association, clarified that the management association for Terra Springs is Paradise & Associates, in
Mendota Heights, MN. To her knowledge the board of directors has not been asked to participate in
discussions but they would be happy to do so.
Susan Ahlness, Unit 101, 501 North Main Street, stated that her concerns about the project stem from
her experience in affordable housing which requires a market analysis that looks at the demand for the
type of service in order to justify construction. She feels there is not that high a demand for theatre.
She would also like to see a pro-forma budget indicating how the lights will go on year after year, and
how the cash flow will be. She urged the Commission to study these issues. She also expressed
concerns about the traffic and noise levels. It is impossible to turn left on weekends to get out of their
building. Noise levels are already such that residents cannot sit on their patios on summer evenings.
Marie Irrrgang, Brownstone 4, 650 Main Street North, stated that the St. Croix is a scenic wild river
and the height should be of more concern. Also she sees parking problems during the summer. She
feels there will not be enough parking for the proposed use in additional to the trail parking and parking
for other summer events. She believes that more than three units’ views will be affected.
Brian Larson, 2008 Hazel Court, commented he is 100% in favor of the concept but completely against
the approach being taken. The essence of the problem is that the proposal is a big box that is not a
good entrance for the City. It seems incompatible for the site. He feels there is just too much building
Planning Commission March 9, 2016
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on the site, too much bulkiness and mass. He pointed out that the downtown design guidelines require
new infill buildings to fit into the fabric of the existing streetscape. He also suggested the possibility
of going into the old armory site.
The public hearing was closed.
Commissioner Hade remarked he has always been concerned about sight lines of residents on the hill
to see the river. He stated he lives in Terra Springs but the project does not impact any of his sight
lines. He also is concerned that the project impacts sight lines for those other than those within 350
feet, for notification purposes. He doubts everyone who would be impacted had proper notice of the
hearing. His primary concerns are traffic and impact on those not given notice as well as those who
were given notice.
Commissioner Hansen acknowledged that the Commission must consider the neighborhood that will
be directly impacted. He doesn’t see traffic being any more of an issue than it currently is. He feels
the required noise mitigation plan will ensure that the decibel levels are met. He has an issue with the
height and would like to see the other variances granted, other than the height variance.
Commissioner Collins said he would be in favor of granting most of the variances but not the height
variance. He would like the applicant to resubmit plans with a lower height variance.
Commissioner Fletcher stated she is comfortable with the special use permit but still struggles with
the variances.
Chairman Kocon noted he has some issues with the height; he acknowledged that the Commission can
only make a recommendation to the Council regarding the height. This would allow the applicant to
submit a revised plan to the Council. He realizes there may be 110 cars all exiting a performance at
the same time, however he feels those traffic issues can be ameliorated. He sees the proposal as viable.
He pointed out that when Terra Springs was built, those up the hill lost some of their views. His only
issue is with height; he would support all the other variances being requested.
Commissioner Hade agreed with Chairman Kocon for the most part, but stated his opinion is there
were no views impacted by construction of Terra Springs.
City Planner Wittman stated both Terra Springs and this proposal are located in the height overlay
district which has differing thresholds within it.
Commissioner Hansen said he would feel more comfortable seeing the applicant redesign the project
before handing it to the City Council.
Motion by Commissioner Hade, seconded by Commissioner Hansen, to table the Special Use Permits and
associated variances, and ask the applicant to come back with a different design addressing the height
issue. Motion failed 3-3, with Commissioners Lauer, Fletcher, and Chairman Kocon voting nay.
Motion by Chairman Kocon, seconded by Commissioner Fletcher, to approve the two Special Use Permits
with the 14 conditions as recommended by staff, and to approve the associated variances that the
Commission may approve, with the recommendation to the City Council to deny the height variance.
Motion passed 5-1 with Commissioner Hade voting nay.
Planning Commission March 9, 2016
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Case No. 2016-13 Consideration of a concept Planned Unit Development, Zoning Text and Zoning Map
Amendments for Northland Senior Living, a proposed 50-acre, multi-use senior care living facility to be
located at 12525 75th Street North, currently located in the LR and AP Zoning Districts. Brian Farrell,
applicant.
City Planner Wittman reported that the applicant is planning to develop a multi-use senior care living
facility on a total of six parcels and adjacent lands to the east and southeast, formerly known as Jackson
Meadows Wildlife area. The following is being requested: a concept Planned Unit Development for
the multi-use complex; a Zoning Text Amendment and a Zoning Map Amendment from Agricultural
Preservation to Lakeshore Residential. Because this is a preliminary PUD, future applications would
need to be made for a Special Use Permit for a senior care living facility in the LR District, a
preliminary plat, a final PUD and a final plat. Staff recommends that the Commission recommend that
the City Council approve the concept Planned Unit Development, Zoning Text Amendment and
Zoning Map Amendment with 24 conditions.
Commissioner Hansen asked for clarification of the proposed density. City Planner Wittman
responded that it is zoned for low density residential. By Special Use Permit, the City may allow
variations in density for senior care living facilities in the LR District. The applicant is asking to
solidify that by the Zoning Text Amendment.
Commissioner Fletcher asked about easements on Outlot C. City Planner Wittman explained that
easement for public access is proposed by way of the trail. The applicant would like to have further
discussions about public and private lake access and recreation options. Staff is favorable to continuing
conversations about public and private lake and land access for recreation and open space. Those uses
and easements need to be determined.
Darren Lazan, Landform Professional Services, representing the applicant, provided a presentation
explaining the project. He introduced the team working on the project. Previously, in a project that did
not go forward, three stories and 100 units were planned on roughly eight acres. As the team talked
with its partner Ebenezer, deficiencies were identified. The team met with staff regarding how to make
the parcel work to get more units and more amenities. He explained the concept for a continuum of
care. Units are interconnected. All three phases will be worked on simultaneously. He explained the
trail access planned, and the planned public use of the lakeshore. The team has no problems with the
staff proposed conditions, other than the condition regarding the utility connection for the church,
which the team would like to defer until the church’s growth plans are solidified. They would like to
continue discussions regarding density. He further stated that the developable acreage is 33 acres and
the proposed density is 230-250 units.
City Planner Wittman noted that written comments were received from Bob Aiken, 7640 Minar Lane,
expressing concerns about height, setbacks, drainage, changes to the church parcel, screening and
lighting.
Chairman Kocon opened the public hearing.
George Vania, 2200 Oak Glen Circle, stated he is pleased to see the environmental protections
provided in the current proposal. He asked if 72nd Street will remain as a dirt road. He would like to
maintain the ability for walkers to walk around Long Lake. Ms. Wittman confirmed it will remain as
a dirt road. It is proposed to be platted as a dedicated public road; the applicant is not proposing to
develop the road.
Planning Commission March 9, 2016
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Bob Aiken, 7640 Minar Lane, asked if the public will be able to use the path around the lake.
John Gualtieri, 3171 Summerfields Green, asked if the westernmost road access is not granted, would
there have to be a different access which would impact the conservation easement? He would like to
know how Washington County will reconfigure Highway 12 before deciding on the project. He also
had questions about sewer access and its impact on the live oak trees in the area.
Dionne Meisterling, 12550 72nd Street North, stated that trees on her property line would be affected
by the development. The previously proposed project didn’t involve lakeshore property so it shouldn’t
be compared with the current project, which would totally destroy that end of the lake and its wildlife.
72nd Street is used by a lot of walkers; she would not like the development to displace all the wildlife
and recreational activities that presently exist. She is concerned about seeing the three-story building.
The previous developers notified neighbors of their plans, but she just heard about the present proposal
via the mailing; neighbors do not feel involved or invited to participate.
Phil Manger, 12525 72nd Street North, told the Commission the proposed project encroaches on his
neighbors’ property. The current proposal is a sprawling monstrosity which would pollute the most
beautiful part of Stillwater with a commercial endeavor. He urged the Commission to table the
proposal.
Chairman Kocon closed the public hearing.
Mr. Lazan responded to neighborhood concerns by stating that there are neighborhood meetings
planned on the project. This hearing is a broad overview; developers fully intend to work with the
neighbors. There will be many steps involved in the development process for review of all plans. He
clarified that the City has asked that 72nd Street be dedicated as a public right of way for the
community’s future use. He showed options on the map for extending the right of way if needed,
working with Washington County. They would like to work with the school district to obtain an
easement to extend sewer through the ballfield to avoid disturbing the trees. Mr. Lazan explained the
open space and the proposed public easement for the purpose of making the trail connection. It is not
their intention to install gates; the intent is to keep the land open for public access, though it is private
property.
Commissioner Fletcher said she had been worried that a bunch of single family homes would be built
on the property; she is pleased with this proposal. She struggles with the institutional use being so
close to nature, so she would like to make sure the edge of the housing is as close to 75th Street as
possible to preserve the wildlife and recreation. She feels the proposal is good at this development
stage.
Chairman Kocon agreed with Commissioner Fletcher’s comments.
Commissioner Hansen remarked that he has concerns about traffic and density. However, he likes the
plan with its retained open space and trail. The area is a hidden gem; he doesn’t want to spoil it. He
feels this development would not be spoiling it, but allowing more people to appreciate it from a
distance. He empathizes with the neighbors’ concerns, but is generally in favor of the project.
Planning Commission March 9, 2016
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Commissioner Hade said he has a problem with concepts coming before the Commission to ask for
advisory opinions, so he is not in favor of the proposal. He feels there are too many things up in the
air; the Commission should not be voting on the concept at this time.
Chairman Kocon said he feels that the Zoning Text Amendment is reasonable. Life cycle housing is
needed. He feels this is a better, more feasible project than was previously proposed because it
preserves the jewel of the property as best it can. It is much better than single family homes.
Motion by Commissioner Fletcher, seconded by Chairman Kocon, to recommend to the Council that the
concept Planned Unit Development, Zoning Text Amendment and Zoning Map Amendment for Northland
Senior Living to be located at 12525 75th Street North be approved with conditions as recommended by
staff, with modifications to Conditions #10, #20, #21, #23 to be solidified by the time of Final PUD and
with the addition of Condition #25 regarding tree preservation on the western property line, shared with
the Meisterling residence. Motion passed 5-1 with Commissioner Hade voting nay.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
STAFF UPDATES
City Planner Wittman informed the Commission that the City Council did not uphold the
Commission’s recommendation for a Zoning Text Amendment for senior care living facilities in the
townhome district. The Council tabled the recommended draft yard parking ordinance for staff to
make a few changes. The Council also upheld the Sleep Study Center recommendation for Lakeview
Hospital in the building at 850 Churchill Street West.
ADJOURNMENT
Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to adjourn the meeting at 11:10
p.m. All in favor, 6-0.
Respectfully Submitted,
Julie Kink
Recording Secretary