Loading...
HomeMy WebLinkAbout2017-06-14 CPC MIN PLANNING COMMISSION MEETING MINUTES June 14, 2017 REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:00 p.m. Present: Chairman Kocon, Commissioners Collins, Fletcher, Hansen, Lauer and Siess, Councilmember Menikheim Absent: Commissioner Hade Staff: Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of May 10, 2017 meeting minutes Commissioner Siess requested the following corrections: 1) remove Commissioner Kelly from the roll as he is no longer on the Commission; 2) regarding Case No. 2017-11, Amendment to a Special Use Permit to extend amplified outdoor music time, she would like the record to state that her point was that, of the residents who came to the last hearing, none talked about children and she would like to point out that the Commission was looking for input from all the residents, not just those with children. Motion by Commissioner Collins, seconded by Commissioner Fletcher, to approve the May 10, 2017 meeting minutes as amended. Motion passed 5-0-1 with Chairman Kocon abstaining. ELECTION OF OFFICERS Chairman Kocon nominated Commissioner Collins as Chair. Commissioner Lauer nominated Commissioner Siess as Chair. Community Development Director Turnblad collected paper ballots. He reported there were five votes for Commissioner Collins and one vote for Commissioner Siess. Chairman Kocon vacated the Chair position and Commissioner Collins assumed the role of Chair. Commissioner Hansen nominated Commissioner Siess as Vice Chair. Commissioner Kocon nominated Commissioner Lauer as Vice Chair. Commissioner Siess said she would abstain, which was interpreted as withdrawal from the nomination. A voice vote was taken electing Commissioner Lauer as Vice Chair - all in favor (there was no roll call). OPEN FORUM Commissioner Siess, 170 Interlachen Way Court, addressed the Planning Commission regarding her concerns in the process of election of the chair for the Commission, Open Meeting Law, conflicts of interest and ethics. She indicated that she would be sending a presentation to commission members regarding the Open Meeting Law. Planning Commission June 14, 2017 Page 2 of 12 Commissioner Kocon felt that there has not been a violation of the Open Meeting Law. Chairman Collins requested that the Commission move on to other agenda items. PUBLIC HEARINGS Case No. 2017-14: Preliminary plat for an 8 single family home subdivision for the property located at 1902 William Street North. Sterling Black, Fairway Development, LLC, property owner. Chairman Collins noted that the developer is requesting this item be tabled. New notice will be given. Case No. 2017-17: Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 807 Harriet Street South. Truett and Jill Lawson, property owners. Community Development Director Turnblad explained the application. Truett & Jill Lawson currently operate the property at 807 Harriet Street as a B&B with a Special Use Permit. However, it is a “hybrid” B&B since breakfast is not served on site, nor do the owners live on site to host their guests. The Lawsons have applied for a Conditional Use Permit to convert the property from a “hybrid” B&B to a Type C vacation rental, under the City’s recently adopted Short Term Home Rental Ordinance, which fits their business model. He explained the differences between parking requirements for B&Bs versus Type C. A few safety items need to be corrected before the CUP would become effective. Staff has received several phone calls and one letter from neighbors opposing the CUP. Staff finds the application meets the requirements of the ordinance and recommends approval with 13 conditions. Cheryl Larson, realtor, spoke on behalf of the Lawsons who are on vacation. She explained that there is a buyer who has written a purchase agreement with a contingency that the Lawsons obtain the CUP and the buyer then be able to get a license. Once the buyers take over the building and it’s used as a Type C, the two garage spaces will be available to guests who will be given an access code to use the garage. There are two parking spaces outside. The purchase agreement states that the Lawsons shall add the third parking space so there will actually be five off-street parking spaces. Chairman Collins opened the public hearing. Sarah Handley, 702 Churchill Street West, expressed concern about safety. With three young children she feels the street is not conducive to this type of a use. Dave Handley, 702 Churchill Street West, remarked that the Lawsons are great people but he is aggressively opposed to the CUP for safety reasons, because commercial and residential traffic has to back into driveways due to the limited space, and because the Lawsons chose not to come advocate on their own behalf but sent their realtor. He questioned why a realtor was allowed to speak on their behalf. He feels the process might not be being followed correctly. He added that he would like the neighbors’ exact comments regarding parking, which staff referred to as negative commentary, to be shared with the Commission. Nancy Lambert stated she and her husband have a pending purchase agreement with the Lawsons. Because of the way the carriage house is designed, to convert it to a single family residence would be difficult and prohibitively expensive. They intend to do exactly what was done before. They don’t believe the third parking space is necessary, however in response to concerns about parking, they have asked that the Lawsons add that third space. even though the Type C license doesn’t require that. They Planning Commission June 14, 2017 Page 3 of 12 feel that having one family rent the house as a VRBO as opposed to renting each individual room will be better for the neighborhood. Chairman Collins closed the public hearing. He noted the Commission received emails from Dr. Gambone and Mr. Peterson, and from Ms. Glennon. Commissioner Siess pointed out that it’s very difficult for vehicles to turn around. Mr. Turnblad replied that drivers can do a three point turn without using other driveways. Commissioner Lauer stated that not everybody will be cautious. He asked if using other driveways could be considered a credible strike against the license and a threat to public safety. Chairman Collins said he realizes it is a unique street, not a cul de sac. He understands the Handleys’ concerns and agrees with Commissioner Siess that safety is an issue. Commissioner Kocon pointed out if it were a single family home, there would still be the issue of drivers backing out of the driveway. Chairman Collins replied a single family home and a business are two different things. Commissioner Hansen stated the Type C use will generate more traffic than the average family. He recalled the last time the property came before the Commission, the Commission had suggested a one- year extension on the existing use, because the new Short Term Rental Housing ordinance was in process. He supports granting the CUP, acknowledging that the three closest neighbors are strongly opposed to it and emphasizing that the Commission has the ability to revoke the CUP after three violations. Commissioner Fletcher said she is troubled by the fact that there is a real estate deal conditioned upon approval. Community Development Director Turnblad said the ordinance was written for this sort of a situation. It is common to put contingencies into a purchase agreement. A CUP runs with the land. The new owner would apply for the license. Commissioner Kocon stated that the application meets the requirements for the CUP. If guests are not careful then it won’t be an air B&B very long. Commissioner Siess voiced concern that if tenants use the two parking spaces and the manager comes, where will they park? She noted that in the past the garage was full and unavailable for parking. Commissioner Lauer pointed out that even if the garage is unavailable, there are still two parking spaces, which is what is required. Motion by Commissioner Lauer, seconded by Commissioner Kocon, to approve Case No. 2017-17, a Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 807 Harriet Street South, with the 14 conditions recommended by staff. Motion passed 4-2, with Commissioners Siess and Fletcher voting nay. Case No. 2017-18: Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 210 Main Street South (a/k/a 209 Union Alley). St. Croix Investors, property owner. Sarah Heitpas, Manager. Community Development Director Turnblad stated that Sarah Hietpas, one of the owners of 210 South Main and its attached apartment at 209 Union Alley, has submitted an application for a Conditional Use Permit to operate the apartment as a Type C vacation rental. The property failed the safety Planning Commission June 14, 2017 Page 4 of 12 inspection on May 24, 2017. Several corrections are required, but work has been scheduled already so staff is comfortable recommending approval with the understanding that the work will be completed and the inspection must be passed before the CUP is effective. Commissioner Lauer asked what proof of insurance means. He added that some carriers dislike the idea of a property owner renting out their home. Mr. Turnblad replied that a certificate of insurance covering guests and property must be submitted and verified by staff. Sarah Hietpas, 3704 Kinder Court, Lake Elmo, stated she, husband and her parents will manage the property. They have commercial insurance. It’s a unique space that has a one car garage for off-street parking which is uncommon for downtown. The fire and building inspector indicated two deficiencies and both should be corrected within the next couple of weeks. She is requesting approval of the CUP; the license may be held until the reinspection. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Fletcher, seconded by Commissioner Hansen, to approve Case No. 2017-18, Conditional Use Permit to operate a Type C Short Term Home Rental at 210 Main Street South, with the 14 staff-recommended conditions. Motion passed 5-1 with Siess voting nay, stating she is uncomfortable approving it before the safety inspection is passed. Case No. 2017-19: Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 520 Main Street North. ABS Company, property owner. Monty and Terri Brine, applicants. Community Development Director Turnblad reviewed the request. Monty and Terri Brine, ABS Company, own the duplex at 520 North Main Street. They have recently renovated the property and would like to offer both units to vacation rental guests. The property is zoned properly for both duplexes and vacation rentals. The Brines have submitted applications for both the Conditional Use Permit and the license to operate a Type C Short Term Home Rental (STHR). A letter of support was received from neighbor Linda Amrein, 307 East Laurel Street. Staff finds the regulations in Ordinance 1093 to be satisfied and recommends approval with 12 conditions. Terri and Monty Brine stated they have been working on the property almost two years and feel that using it as a VRBO might be the best way to have it stay nice rather than traditional rental. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Siess, seconded by Commissioner Kocon, to approve Case No. 2017-19, Conditional Use Permit to operate a Type C Short Term Home Rental at 520 Main Street South, with the 12 conditions recommended by staff. Motion passed 6-0, all in favor. Case No. 2017-20: Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 1008 Oak Street West. Joseph Metzger, property owner. Community Development Director Turnblad reviewed the request. Joseph Metzger has submitted applications for both the Conditional Use Permit and the license to operate a Type C Short Term Home Planning Commission June 14, 2017 Page 5 of 12 Rental (STHR) to be operated by his brother, Paul Metzger who lives in Roseville. Staff finds the regulations in Ordinance 1093 to be satisfied and recommends approval with 12 conditions. Joe Metzger, owner, stated he has been a landlord for many years and his brother Paul Metzger will help with management. Chairman Collins opened the public hearing. There were no public comments. He closed the public hearing. Motion by Commissioner Lauer, seconded by Commissioner Fletcher, to approve Case No. 2017-20, Conditional Use Permit to operate a Type C Short Term Home Rental at 1008 Oak Street West, with the 12 conditions recommended by staff. Motion passed, 6-0. Case No. 2017-21: Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 210 Laurel Street East. Daniel Priebe representing Mary E Rice Trust, property owner. Matthew Stepaniak, Manager. Community Development Director Turnblad stated that Daniel Priebe and Molly Rice own the single family house at 210 East Laurel in trust. They have been offering their property as a short term rental, but have taken no new reservations since the City began working on the vacation rental ordinance. They would like to once again accept reservations and have submitted applications for the Conditional Use Permit and license to operate a Type C Short Term Home Rental (STHR). The property will be managed by Matthew Stepaniak who lives in Hudson. Staff finds the regulations in Ordinance 1093 to be satisfied and recommends approval with 12 conditions. Chairman Collins opened the public hearing. Mark Arps, 620 Main Street, Terra Springs Condos, explained he is concerned about the proximity of this property to the condos because the cliff creates an echo chamber. With seven bedrooms, there could be 15 people staying at the VRBO plus three visitors so there could be a lot of people enjoying the property. He thinks three strikes per year for revocation sounds too high. He believes the large VRBOs have a tendency to turn into party houses with no manager on site. He feels it would be a great site for a manager-occupied B&B but not a VRBO. Matthew Stepaniak, the property manager of 210 Laurel, stated that noise is a concern for everyone, and they feel they addressed it in the verbiage of their contract with guests. They do not intend to be a party house. They hold an entrance interview for clientele and are specifically targeting wedding groups coming into town so family can use the home as a base camp. They have written in their contract that there are not to be parties. They believe in sharing the property with the community as well, and host events there as members of the Greater Stillwater Chamber of Commerce. They have reserved the space for The Locals to use during Lumberjack Days. Commissioner Siess asked why they are pursuing short term rental and not B&B. Mr. Stepaniak responded that as a short term rental, they can hand the keys over to the house, walk away and know it will be well cared for. Also, to serve breakfast as a B&B would require upgrades. B&Bs have a well established place in Stillwater. They feel as a VRBO, this property will offer customers a lodging alternative. Planning Commission June 14, 2017 Page 6 of 12 Robyn Anderson, 620 Main Street North, Terra Springs Condominiums, said that when the owners have been home in the past, she could hear almost every word spoken from their patio. As the evening progressed, it got louder and louder. She is relieved to know that at 10:01 the police may be called and that after three strikes, the license can be revoked. Jo Harrison, 620 North Main Street, noted that a couple years ago the owners added a porch or patio on the back that overlooks the cliff, and that she could sit on her deck and hear their entire conversation. At times it would go on until 1 or 2 in the morning. It’s a beautiful home but putting 18- 19 people on that back patio will create a lot of noise and sleepless nights for many people. Mr. Stepaniak said he understands the concerns and they will do everything they can to follow the ordinance. He noted that the police were not called in the past. He clarified that based on the ordinance, the owners of the home may hold events at the home. Mr. Turnblad said that is correct. Commissioner Siess pointed out that per the ordinance, events are not allowed to be hosted by guests on the premises. Events hosted by the property owner are allowed but must abide by the City ordinances. Community Development Director Turnblad confirmed that guests of the VRBO may not have events. The owner may hold events, but may not rent out the property for events. Chairman Collins closed the public hearing. Commissioner Kocon remarked that noise is an issue in any neighborhood. The key thing is that the licensee must abide by the conditions and there are strikes for violations. Commissioner Hansen asked the primary difference between Type Cs vs. B&Bs. Mr. Turnblad responded that a B&B serves breakfast, usually requiring a commercial kitchen, and that usually a property owner or manager lives on site. Commissioner Hansen asked what constitutes a noise nuisance. Mr. Turnblad replied that even prior to 10 p.m. if the decibel limit is exceeded at the home of the complainant, it is considered a nuisance. Chairman Collins remarked it’s clear that noise is an issue, which puts a lot of pressure on the property manager to maintain compliance. He hopes the property manager will share contact information with the neighbors. Commissioner Siess reminded the audience that the short term rental ordinance is new. She encouraged them to call their City Council members if they have concerns with the way it is written. Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to approve Case No. 2017-21, Conditional Use Permit to operate a Type C Short Term Home Rental at 210 Laurel Street East, with the 13 conditions recommended by staff. Motion passed, 6-0. Case No. 2017-22: Comprehensive Plan Amendment to the City’s Downtown Framework Plan, Chapter 6, as required by the release of a Metropolitan Council System. Community Development Director Turnblad explained that every ten years, communities in the Metropolitan Area are required by State law to update or re-write their comprehensive plans. The City of Stillwater is writing its 2040 Comprehensive Plan in four phases. He introduced Project Manager Planning Commission June 14, 2017 Page 7 of 12 Joni Giese from SRF for a presentation on the third phase, the draft Downtown Plan. Joni Giese explained the downtown study area boundaries. She stated that the 22-member Downtown Plan Advisory Committee helped provide direction and there were two community workshops and two open houses in addition to MnDOT meetings. She reviewed recent and planned infrastructure modifications including the new St. Croix River Crossing and the St. Croix Loop Trail. She reviewed a downtown market analysis which revealed the downtown’s key strengths and weaknesses. There are significant retail gaps in certain service areas. Opportunities include trying to draw back in the local customers, improving the appearance of downtown, and being more selective about what events are held downtown and how the events can be supportive of the businesses downtown. She summarized ten downtown value statements drafted as part of the plan. The plan recommends redevelopment on Second Street for basic goods and services, keeping Main Street more for visitors and tourists, and Water Street as a shared one-way street. The plan also highlights nine parcels as potential redevelopment sites. It recommends enhanced pedestrian circulation, creating a plaza on Chestnut Street from Main to the lift bridge, closing Sam Bloomer Way to vehicular traffic and repurposing it for bicycles, and creating separate bicycle and pedestrian spaces. The plan also looks at vehicle circulation and locations for additional parking structures. It suggests the eventual conversion of the surface lot near the co-op into an activity area rather than parking, and Main Street modifications via curb extensions, parking bays, removing sidewalk signs and merchandise, widened crosswalks, pedestrian-scaled lighting and street trees. Ms. Giese explained phased implementation strategies. She informed the Commission that the draft plan will be presented to the City Council next week. She invited Commissioners to share input. Commissioner Siess asked how sites were identified for potential redevelopment. Ms. Giese replied many are city-owned property; others, like the Armory, are properties already targeted for redevelopment. Any private property would require a willing seller to make any improvements. Commissioner Siess asked Ms. Giese to explain the leakage graph revealing retail gaps. Ms. Giese replied that the graph shows percent of dollars that are spent outside the primary downtown shopping area. It indicates there are a lot of retail sales that Stillwater should be capturing. Commissioner Kocon asked about parking and vehicle circulation, and what is meant by raised crossing. Ms. Giese responded there would be six-inch bumps to slow down traffic. Commissioner Fletcher said she loves the emphasis on bikes and pedestrians. She asked how to ensure the circulation and shopping initiatives are receptive to an aging population. Ms. Giese responded that the committee had that conversation and also talked about making sure that downtown is accessible, for instance with ADA-compliant curb ramps, and things like making sure snow is removed downtown. She explained pedestrian preference at signals, saying the pedestrian light comes up first before the green lights for the vehicles, so pedestrians can enter the crosswalk and start their movement before the vehicles. Chairman Collins thanked Ms. Giese, City staff, business owners, and Commissioners Hade and Hansen who represented the Commission on the committee. Community Development Director Turnblad asked the Commissioners to provide input prior to Tuesday’s City Council meeting, but added that even after that they may still submit suggestions. Planning Commission June 14, 2017 Page 8 of 12 Commissioner Siess stated she is very concerned that the last comprehensive plan did not seem to be very well respected; she recalled hearing comments from former staff inferring that it didn’t really have to be followed. Mr. Turnblad responded that Stillwater’s residents and business community demand that that comprehensive plan is followed. Every discussion with developers or property owners is based on the comprehensive plan. When other agencies undertake projects involving Stillwater, the plan must be followed. Commissioner Hansen agreed the plan is a guideline. Predicting what will happen in the next 20 years is difficult especially with the bridge closing. He is concerned about making the plan too pedestrian- oriented. He doesn’t want to make it so impossible for vehicles to get downtown that nobody wants to drive down there anymore. Overall he feels the downtown plan captures the general feeling of the community and committee. Commissioner Fletcher said she really likes the downtown plan. With the closing of the bridge, there may be opportunities for some temporary measures to get everyone used to a more pedestrian focus. Chairman Collins opened the public hearing. Renee Murray, 350 Main Street, Stillwater Mills Condos, asked that the plan address accessibility for people with disabilities, for instance people who are blind and use motorized scooters. Louise Watson, a member of the steering community of sustainable Stillwater, Minnesota, said her group would like to review the final version of the plan from a sustainability point of view, so they can develop suggestions for transportation, recycling, walkability, and other issues. Community Development Director Turnblad responded that many of the issues raised will be addressed when the rest of the comprehensive plan is completed. As the City identifies funds to use toward implementing some of its goals, that is when design work is done. Cameron Murray, 350 Main Street, Stillwater Mills, said he hopes the City will address the problem of motorcycle noise as it transitions to a more bicycle-oriented downtown. Also, the City could make an effort to provide offsite parking especially in the summer. He acknowledged that Stillwater doesn’t have the budget of a bigger city, but asked that the City include costs for the highest priority items in its budget plan for next year, and he asked the Commissioners to encourage this. Chairman Collins closed the public hearing. Regarding capital improvement programming, Mr. Turnblad stated the City has a five year capital improvement program. Elements of the comprehensive plan find their way into the CIP via staff recommendations. It’s a good idea for the Commission to keep tabs on the CIP is so they can track whether or not the comprehensive plan is being implemented. Motion by Commissioner Hansen, seconded by Commissioner Kocon, to recommend approval of Case No. 2017-22, Comprehensive Plan Amendment to the City’s Downtown Framework Plan. Motion passed, 6-0. NEW BUSINESS Planning Commission June 14, 2017 Page 9 of 12 Case No. 2017-15: Food Vendor License for El Coronel to be located at 225 Main Street North. Frank Fabio, property owner. Emilio Candia, applicant. Community Development Director Turnblad summarized the request. With the permission of the property owner, Frank Fabio, Emilio Candia of El Coronel has applied for a seasonal food vending permit to operate a food vending trailer that would be parked in the parking lot at 225 North Main Street (Maple Island Brewery). Staff would prefer the truck move over one space where there is more room. Staff finds that with certain conditions, the application meets all requirements of the Food Vendor licensing provisions. If the Planning Commission finds the proposed truck’s location acceptable, staff recommends approval of the license with eight conditions. Emilio Candia, applicant, agreed he could move the food truck over one space. Chairman Collins opened the public hearing. There were no comments. The public hearing was closed. Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to approve Case No. 2017-15, Food Vendor License for El Coronel with the eight conditions recommended by staff and a ninth condition stating that the food truck will be moved over one space. Motion passed, 6-0. STAFF UPDATES Community Development Director Turnblad reported that staff is beginning the fourth phase of the comprehensive plan update and is creating an advisory committee on which they would like at least one Planning Commissioner to serve. OPEN FORUM CONTINUED Chairman Collins offered to continue the discussion that began during the open forum. The Commission continued discussion on the election of chair process, possible future processes and and commissioner concerns. Community Development Director Turnblad reminded the Commission to be careful about ex-parte communications. He emphasized that making decisions by email should not be done and that communications should go through City Planner Wittman. Chairman Collins thanked Commissioners Kocon and Hansen for their leadership and thanked all the Commissioners for service to the community. ADJOURNMENT Motion by Commissioner Siess, seconded by Commissioner Fletcher, to adjourn the meeting at 10:20 p.m. All in favor, 6-0. Respectfully Submitted, Planning Commission June 14, 2017 Page 10 of 12 Julie Kink Recording Secretary