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HomeMy WebLinkAbout2016-06-08 CPC MIN PLANNING COMMISSION MEETING MINUTES June 8, 2016 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Collins, Hansen, Kelly, Lauer and Siess, Council Representative Menikheim Absent: Commissioners Fletcher and Hade Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of May 11, 2016 meeting minutes Motion by Commissioner Hansen, seconded by Commissioner Collins, to approve the May 11, 2016 meeting minutes. Motion passed 5-0 with Chairman Kocon abstaining. OPEN FORUM Mike Robinson, 801 Pine Street West, The Elephant Walk Bed & Breakfast, expressed concern about short term lodging establishments that are renting rooms in violation of City code. Jon Moeller and Celia Loome, 320 North Fourth Street, stated they have been restoring the former church and are preparing an application for a Special Use Permit to rent it out for private events. They notified the Commission of an open house for neighbors and the community on June 22. Ruth Bruns, 8790 Neal Avenue North, inquired about lightshed impacts of a road entrance directly across from their property. Chairman Kocon stated the item is on the agenda and invited Ms. Bruns to speak at that time. PUBLIC HEARINGS Case No. 2016-21 Consideration of an amendment to a Special Use Permit for a Bed and Breakfast license and associated variance for the Mulvey’s Englishmen’s Carriage House located at 807 Harriet Street South. Truett and Jill Lawson, owners. City Planner Wittman explained that the applicants are requesting an amendment to an existing Special Use Permit to allow for the facility to operate independently from the former B&B at 622 Churchill Street West, and also to convert the existing two-guestroom Englishmen’s Carriage House Bed and Breakfast into a three-guestroom facility. A size variance has been requested for this purpose. Ms. Wittman reviewed the background of the Special Use Permit granted initially to the Lawsons to Planning Commission June 8, 2016 Page 2 of 10 operate a B&B at 622 Churchill Street West in the James Mulvey House, the property directly to the south. She reviewed amendments subsequently granted that separated the two parcels in ownership. She noted she received phone calls from neighbors in support of the application as well as letters expressing concerns about parking. The applicants propose to add 8’ of hard surfaced area in the driveway to accommodate three vehicles right behind the garage. This would still be within the limits of impervious surface coverage for the lot. Staff recommends approval of the Special Use Permit amendment but denial of the third guestroom addition amendment and variance. Applicants Truett and Jill Lawson explained the history of the Inn, opened in 1993. They had seven guestrooms, four in the house and three in the carriage house, for most of their history there. With the sale of the Inn, the new owners had five guestrooms in the main house and the Lawsons had two guestrooms in the carriage house, In 2011, the main house was sold as a private residence so there were no longer two B&Bs right next to each other. Mr. Lawson emphasized that the carriage house is located on a very spacious parklike lot and is perfectly set up for three guestrooms with innkeeper’s quarters. They believe parking will be accommodated in the parking plan. They have had few if any neighbor complaints in their history. Chairman Kocon asked where the owners currently park. Mr. Lawson said they do mostly weekend business, so they park wherever available. Currently, Jennifer Norton is their onsite innkeeper/manager; the Lawsons live in the Lofts. Ms. Norton cares for the guests and spends the night there when there are guests. Mr. Lawson agreed that the garage spaces need to be cleared of items so they can be used for parking and they are working on this. Chairman Kocon opened the public hearing. Betsy Glennon, 812 Harriet Street South, directly to the west across the street from the carriage house, said the Lawsons were wonderful proprietors of the main house on Churchill when they owned it. Her major concerns are parking and the fact that there is presently there is no onsite innkeeper. Ms. Norton stays overnight when guests are there but the home is vacant most of the time. Neighbors have had their driveways blocked by guests, the street is significantly narrowed by snow removal, and onstreet parking has become a nuisance. She asked about the variance versus a Special Use Permit. She feels the carriage house does not meet the definition of a B&B because it is not owner-occupied. If two of the planned five parking spaces are inside the garage there will be inconvenient shuffling of vehicles. She also expressed concern about future property values falling because of being across the street from a B&B. Sara Handley, 702 Churchill Street, south of the home, said she has no concerns about the request. Chairman Kocon closed the public hearing. Chairman Kocon said he too has concerns about parking. He feels that exacerbating the issue by making it a three guestroom inn would cause even more problems. Commissioner Hansen agreed with the parking concerns. He supports continued operation of the inn but opposes a variance and would like to see a parking stall added as a condition of granting the SUP amendment. Commissioner Siess asked how B&B requirements are enforced. City Planner Wittman said since the City has no zoning administrator, it’s an honor system. Planning Commission June 8, 2016 Page 3 of 10 Commissioner Kelly questioned whether a SUP can even be granted for a non owner occupied B&B. Ms. Wittman replied that the 2006 or 2011 permit had a condition that there be an owner or manager living onsite. Chairman Kocon said in his opinion, because the manager is not living there and because there is no designated place for the caretaker to park, they are not meeting the requirements of a two bedroom B&B right now. Ms. Wittman reviewed conditions that are currently associated with the existing SUP and stated there are numerous violations of the existing permit. Chairman Kocon remarked he is not interested in putting someone out of business but does not want to exacerbate the problem. He would like to add a condition to the SUP that an owner or manager must live on site, and restricting it to two guestrooms and four guests per day. Commissioner Siess asked if the property is well maintained, could the code be changed by the City Council to not absolutely require an owner live on site? City Planner Wittman replied that the City Council would have to change the code and that the City is in the process of looking for a zoning administrator to provide planning services and help look at management of VRBOs and other short term rentals like Mr. Robinson was referring to. Commissioner Hansen recognized there are a lot of issues, some of which may be mitigated by a new ordinance on short term rentals. He suggested adding a condition that the SUP be reviewed in two years. City Planner Wittman replied that a condition of approval could be that the SUP be revisited when a short term lodging ordinance is adopted, to determine whether the business is better suited to that definition. Commissioner Kelly suggested the condition could be for review in two years or on the passage of an ordinance, whichever comes first. He would prefer to allow the business to continue to operate as is and let staff enforce the onsite owner/manager issue if they deem it necessary, noting the non compliance for the Council so they can make their decision. Commissioner Siess agreed. Motion by Commissioner Siess, seconded by Commissioner Kelly, to recommend that the Council approve an amendment to a Special Use Permit for a two-bedroom Bed and Breakfast license for the Mulvey’s Englishmen’s Carriage House located at 807 Harriet Street South to be operated independently from 622 Churchill Street West, with all existing conditions in the existing SUP; and to recommend denial of the variance for a third guestroom; and to make notation to the City Council that the SUP is not in compliance with B&B regulations; with conditions recommended by staff. Prior to the vote, Commissioner Hansen suggested amending the motion to include the requirement for a review in two years or when a new lodging ordinance is adopted. Chairman Kocon suggested amending the motion to include the requirement that the guests park on the designated offstreet parking spaces. Commissioners Siess and Kelly agreed to the suggested amendments. In further discussion, Ms. Wittman clarified that the suggested amendments would be added to the recommendation as additional conditions. All in favor, 6-0. Case No. 2016-24 Consideration of a Special Use Permit for a 40-unit hotel and restaurant and retail space, to be located at 402 Main Street South in the historic Joseph Wolf Block. Elevage Hotel Group, representing Stillwater Caves LLC, applicant and Luna Rosa, owner. City Planner Wittman explained the request. Cory Burstad, Elevage Hotel Group, representing Stillwater Caves and Luna Rosa, property owners, have applied for a Special Use Permit for the retrofit of the historic Joseph Wolf Brewery block to be converted into a 40-unit hotel and restaurant with Planning Commission June 8, 2016 Page 4 of 10 outside seating and retail space. A third story is proposed to be placed on the existing two-story portion in the middle complex between the two stone structures, and a one-story addition is to be added to the southernmost portion of the structure in alignment with the southern stone structure. Ms. Wittman went on to state that the main floor of the building will be utilized for the hotel lobby, restaurant and bar, offices and employee breakroom. The former gelato shop will be used as retail space. The second floor will contain 17 guestrooms with an open courtyard area, the third floor will have approximately 17 guestrooms, and the fourth floor will have six guestrooms. The development will not be able to meet parking requirements on site, having just 17 parking spaces on the property. Developers will need to approach the Downtown Parking Commission to determine how to mitigate the parking need. Staff has not yet done a coverage analysis to determine how many parking spaces will be needed; a rough estimate is about 110 spaces. Staff recommends approval of the Special Use Permit with 10 conditions. Cory Burstad, Elevage Hotel Group, stated they started the project in 2013, took a year off, and are now ready to proceed with the project. Plans are to completely renovate the inside into a boutique hotel and standalone restaurant/bar. In 2013-2014 they discussed parking with planning staff and they realize they will have to utilize the parking garage, as well as valet service. Commissioner Hansen asked where the valet station is proposed. Mr. Burstad responded that the City previously discussed designating two short term stalls on Nelson Street and possibly two stalls on Main Street in front of the hotel for valet use and 15-minute parking for guests. Commissioner Siess asked where guests would unload luggage. Mr. Burstad replied that the lobby will be located where the Wolf Building is now, so they would pull in on Main Street and enter the lobby. It will be up to the management group to determine how to receive the guests. Chairman Kocon pointed out there is also parking on Nelson Street adjacent to the building. Commissioner Hansen asked about guests utilizing valet parking. Mr. Burstad said he believes guests would likely use valet parking. Commissioner Collins asked about a completion date. Mr. Burstad said the goal is to start construction this summer for an opening in May 2017. Chairman Kocon opened the public hearing. There were no public comments. Chairman Kocon closed the public hearing. Commissioner Hansen remarked that he loves the plan but is concerned about the lack of parking. He would like to see a recommendation from the Downtown Parking Commission before making a decision. City Planner Wittman commented that in 2013-2014 City staff looked at parking options, but since then, an 800 capacity event center has been approved directly across from the parking ramp so any potential agreements from a few years ago may not be able to be met now. Commissioner Siess commented she has misgivings about designating public parking spots for a private business. Commissioner Collins stated he likes the proposal, apart from the parking issue. Chairman Kocon offered that he could support the SUP but would first like to know if the parking will work out. Commissioner Siess said she would like more details on number of parking spaces needed. Motion by Commissioner Siess, seconded by Commissioner Collins, to table the SUP for a 40-unit hotel and restaurant to be located at 402 Main Street South to July 13. All in favor, 6-0. Planning Commission June 8, 2016 Page 5 of 10 Case No. 2016-25 Consideration of a Zoning Map Amendment for approximately eight acres located at 12620 72nd Street North to be zoned from AP - Agricultural Preservation to LR - Lakeshore Residential. McKenzie Living Trust, property owners and Brian Farrell, Northland Real Estate Group, applicant and representative. City Planner Wittman reviewed the request. On April 5, Brian Farrell with Northland Real Estate was granted concept Planned Unit Development approval for a senior care living facility to be located at 12525/12721 75th Street North and 12620 72nd Street North. However, senior care living facilities are a use only permitted by Special Use Permit in the Lakeshore Residential (LR) zoning district. A request for rezoning of 12620 72nd Street North was denied by the City Council, citing concerns for density and height increases. Though the applicant has not submitted new materials for the Planning Commission’s review, they have indicated that an updated plan will be submitted to the Council that will include: separation from adjacent residential property owners; stepping proposed stories from the south to lessen impacts on adjacent property and lake frontage; a more detailed plan for more broad and more permanent public dedication of natural spaces; clarification of proposed rights of way and roadway improvements; clarification of use of waterfront and lake access; a mix of building heights to break up building elevations; options for both flat and sloped roofs; basic traffic analysis of proposed uses; and options for architectural finishes and modifications to rooflines. Staff finds that the public necessity and the general community welfare are furthered and that the proposed zoning map amendment is in general conformance with the principles, policies and land use designations set forth in the Comprehensive Plan. Therefore, staff recommends approval with one condition. Commissioners Siess and Hansen asked about the current zoning. Ms. Wittman responded that the AG zone is normally considered to be a holding zone until the time of development. LR is the only zoning allowing senior care living facilities such as the applicant desires. She added that a letter of opposition was received from Carrie Koelzer. Darren Lazan, Landform Professional Services representing Northland Real Estate, provided a project overview. He stated that since they last met with the Commission, developers have met with adjacent property owners and held a neighborhood meeting. Then they developed revised options based on input. The revisions consider proximity to the adjacent residences, address sight lines to the new buildings, consider proximity to the lake, height and size of buildings, and consider transitions to the neighborhoods. He reviewed the design changes that were made, presenting two concept plans. He emphasized that they are at the concept level, working on details of configuration, design, number of units, architecture and traffic. Asked by Commissioner Collins, Mr. Lazan said there were previously about 260 units planned but the current design has roughly 230 units, about a 15% reduction in units. He went on to say they feel they are providing a much-needed project, citing statistics about the need for senior living in the Stillwater area. Susan Farr, Ebenezer Management Services, stated they own and manage 64 properties that are all unique and individual. She addressed the growing need for senior living facilities. She explained the campus concept with site-specific development, intergenerational activities and community involvement. Planning Commission June 8, 2016 Page 6 of 10 Mr. Lazan reviewed the rezoning request. He clarified there are four options for rezoning with LR being the least dense option of the four. They would like to apply for the Preliminary PUD this summer and hope to obtain grading permits to start construction in the fall. Chairman Kocon opened the public hearing. Philip Manger, 12525 72nd Street North, disagreed with the developers’ characterization of the May 11 meeting as a success. He said the meeting was a divide and conquer strategy. The developers running the meeting broke it up into smaller groups allowing them to divide and conquer the neighbors’ cumulative concerns. He is opposed to the rezoning. He stated that everywhere else in Washington County and Minnesota, AP zoning carries an eight year holding period. He questioned the zoning designation of AP, stating that the 2030 comprehensive plan calls for low density residential on the property in question. He knows the request for rezoning is to allow the “hyper dense” Croix Bay development to go forward. He requested the Commission deny or table the decision until a future date when the actual intentions of the development group are better known. Louise Jones, 7079 Mid Oaks Avenue North, said 72nd Street has always been unsafe. They have requested it be closed. If the property is rezoned and developed, there will be more traffic creating a more dangerous situation. She also voiced concern about water quality and the health of Brown’s Creek as a result of the proposed development. David Pundsack, 140 Northland Avenue, who lives across the pond from the proposed development, said he used to hunt the area which was formerly the Jackson Wildlife area. He noted the pond quality has gotten worse through the years. He feels the area should not be rezoned. Fritz Knaak, lawyer representing several residents who live on Long Lake, urged the Commission to reflect on the fact that the property is supposed to be low density residential but the project is not low density, it is a very high density project. He feels it violates the comprehensive plan. He said that Stillwater is the only City around that uses AG preserve as a holding zone. He also characterized the rezoning decision as the most important decision, saying the City will never have more leverage than it does at this point. He asked the Commission not recommend the zoning change. Dionne Meisterling, 12550 72nd Street, agreed with Mr. Knaak. She referred to many comments made at the Council meeting in opposition to the proposal as planned. She feels the proposal would forever change the character of the neighborhood. She explained the history of the property where she lives and the previous proposal for the parcel. She feels somehow the City is allowing high density development to be placed in a low density area. David Jones, 7079 Mid Oaks Avenue North, agreed with the previous speakers. He added his concern about runoff from new development which would impact Brown’s Creek. He also said he encouraged the closure of 72nd Street for safety reasons. He also does not want to see the Jackson Wildlife area destroyed. John Gualtieri, 3171 Summer Fields Green, asked that the grove of oak trees be protected. He feels the sewer line should not be run as planned, as it would destroy the grove of trees which are on property not owned by the developers. Planning Commission June 8, 2016 Page 7 of 10 Brian Klemenhagen, 3174 Summer Fields Green, agreed with the previous remarks. He opposes the rezoning and feels the development as proposed is too large for the site. He feels notification of the neighbors took place very late in the process, and asked that the rezoning be tabled or denied. Bill Rhodes, 150 Northland Avenue, agreed with neighbors’ comments. He does not want to view a 40 foot building from his backyard. Mr. Lazan responded to concerns expressed. He felt the comments about the format of the May neighborhood meeting were unfair. He assured the Commission that the feedback will be assembled into the plan. He agreed that 72nd Street is unsafe and said that all proposals are “hands off” on 72nd Street. They would love to see it become a pedestrian trail and are willing to work with staff toward a solution. He provided a comparison of anticipated traffic compared with single family development, pointing out that expected traffic for this development including the church would generate about 2,000 trips per day compared to 1,000 for single family or 6-12,000 for commercial use. Mr. Lazan stated that as developers they are required to replicate existing drainage patterns, treating water on site and discharging it north. They propose treatment ponds in three locations. They will be required to meet the standards. They prefer to preserve the Jackson Wildlife area as an asset to the community. Their first choice is to leave it as it is. As currently proposed, the approval for the zoning amendment is tied to the project’s ultimate approvals and is just one step in several steps ahead. If developers cannot meet what the community feels is an acceptable level of development there, it unwinds; there is no loss to the community in moving forward. Regarding the comments about just seeing the proposals today, he noted they were requested by staff to bring evidence that they are working through changes. The site plan is not required for the rezoning. Regarding the trees, there is an existing easement up the property line for sewer extension to serve the entire area. They are not proposing to remove the tree stand. They propose coming through the ballfields to avoid and protect the stand of trees if possible. He realizes that residents would like to see the property remain unchanged but acknowledged the property owners have a right to request the rezoning. He added that there is a clear difference between the State’s agricultural preserve program and a local land use designation of agricultural preserve so there is no required eight year holding requirement in this case. Chairman Kocon asked the status of the height variance. Mr. Lazan responded that three or four councilmembers expressed that the new plan is on track. Most components are now at three stories. They feel a sloped roof is the best architectural character for the neighborhood but if held to the 35 foot height they will shift to a flat roof. One-quarter of the building has gone down to one story. Brian Farrell, 4324 West Lake Harriet Parkway, Minneapolis, stated they are not here to obtain approval of the project, they are here to request rezoning on this privately owned property. He noted the project will serve a need in the community. This plan includes dedicating over half of the site back to the City as open space. They are developing on 13 of 50 acres. The Washington County Housing Authority has said that 650 additional senior units will be required in Stillwater. He is saddened by the suggestion of neighbors to move the senior living out toward the highway as if the seniors are a problem or nuisance. Seniors have a right to be close to their family and friends. Chairman Kocon closed the public hearing. City Planner Wittman clarified that the developer has a concept PUD in hand. Details about runoff, building siting, location and density will be addressed in a new application submittal for the use permit for the senior care living facility; tonight’s consideration is just for the rezoning. Planning Commission June 8, 2016 Page 8 of 10 Chairman Kocon remarked that when he interviewed for the Planning Commission in 2008 he recognized the need for lifecycle housing and still does. He is in favor of the zoning map amendment. Commissioner Kelly stated there is a place for everything and he struggles with the proposed density. The ordinance says the Council may grant a rezoning request it if is demonstrated to be in the public interest and good zoning practice. He feels part of the concern is that the comprehensive plan indicates low density designation on this parcel. He doesn’t feel the proposal is consistent with the comprehensive plan. Rezoning would lead not to a low density use but to a high density use. Commissioner Siess pointed out that the comprehensive plan defines low density residential as 1 to 4.4 units per acre. The proposal of approximately 5 per acre would exceed that. She doesn’t support zoning that she sees as inconsistent with the comprehensive plan. Commissioner Hansen stated he favors the rezoning to move the project forward. He feels there are many controls and future opportunities to address issues that may come up. Commissioner Lauer stated he doesn’t see a problem with the rezoning, as it appears to make sense. Commissioner Collins agreed, pointing out the LR zoned property surrounding the parcel. Motion by Commissioner Collins, seconded by Commissioner Lauer, to recommend approval of the Zoning Map Amendment for approximately eight acres located at 12620 72nd Street North to be zoned from AP - Agricultural Preservation to LR - Lakeshore Residential, with the condition recommended by staff. Motion passed 4-2 with Commissioners Siess and Kelly voting nay. Commissioner Siess asked that the record reflect that she recommends the Council read sections 1-12, 2-14 and 2-29 of the comprehensive plan. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Case No. 2016-23 Consideration of Final Plat and Final Planned Unit Development for the first phase of The Ponds at Heifort Hills located at 8753/8911 Neal Avenue North. Richard Gagne, applicant and representative and Kenneth and Geraldine and Marie Heifort, owners. City Planner Wittman stated that Richard Gagne, representing The Ponds at Heifort Hills, LLC, is proposing to develop the 25 acre homestead of the Heifort family located at 8753 and 8911 Neal Avenue North. Concept Planned Unit Development and Preliminary Plat approval for the first phase, and rezoning of the first phase property, were granted in May. Discovery of a previously unknown wetland resulted in the shifting in the northernmost cul de sac and realignment of a driveway. The amount of wetland to be disturbed as part of the development is still considered to be a reasonable amount. Regarding the sight lines coming out of Ponds Circle, Ms. Wittman explained that, given grading plans, analysis indicates that there will not be light from headlights spilling onto the Bruns’ home. The developer is now requesting approval of the Final Planned Unit Development and Final Plat approval for the 24 homes represented in the first phase. Staff recommends that the Commission make a recommendation for approval of the Final Plat and Final PUD with 17 conditions. Planning Commission June 8, 2016 Page 9 of 10 Chairman Kocon invited public comments. Ruth Bruns asked about the elevation of the roadway compared to where it is now at the exit of the cul de sac. Ms. Wittman explained that the finished grade coming from the cul de sac to meet Neal is at elevation 900.6, which is 11 feet lower than the Bruns house. There will be about 1 foot increase in elevation to reach Neal Avenue from the cul de sac. Headlights would have to be about seven feet in the air before their light would shine into the Bruns house. The elevations and grades indicate there should not be a nuisance from headlights. George Vania, 2200 Oak Glen Circle, voiced a concern about how the houses will be built without damaging the buffer area so close behind them. Kevin Von Riedel, 7800 Kimbro Avenue North, responded that erosion controls will be put not on the buffer but away from the buffer, toward the construction site. At the back of the houses there is a bump where a deck is, which is on drilled footings, rather than dug foundations. There is at least five feet to get behind the building, so there should be no problem constructing the homes. Ms. Wittman added that the City engineering department visits construction sites regularly to monitor compliance with wetland buffers and other requirements. Gary Gerds, 2270 Oak Glen Court, stated that yesterday the Brown’s Creek Watershed district said there had been two submittals, both of which were missing information. He asked how that impacts tonight’s vote. Ms. Wittman replied it’s not uncommon for the City to approve a final plat with a condition that it meet the requirements of Brown’s Creek Watershed District before the final plat is granted. Mr. Gerds confirmed with Mr. Von Riedel that nothing will be built on the 75 foot buffer. Chairman Kocon closed the public comment period. Commissioner Lauer recognized that a lot of work has gone into the plans and he feels it is reasonable. Commissioners Hansen, Kelly and Collins agreed. Motion by Commissioner Hansen, seconded by Commissioner Collins, to recommend approval of the Final Plat and Final PUD for Phase 1 of The Ponds at Heifort Hills with the 17 conditions recommended by staff. All in favor, 6-0. STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Hansen, seconded by Chairman Kocon, to adjourn the meeting at 11:30 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary