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HomeMy WebLinkAbout2017-10-11 CPC MIN PLANNING COMMISSION MEETING MINUTES October 11, 2017 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:00 p.m. Present: Chairman Collins, Commissioners Fletcher, Hansen, Kocon, Lauer and Siess Absent: Commissioner Hade and Councilmember Menikheim Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of September 13, 2017 regular meeting Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to approve the minutes of the September 13, 2017 regular meeting. Motion passed 6-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2017-42: Consideration of a Variance to the maximum fence height in the exterior side yard of property located at 823 Fifth Street South. Michael Hinman, property owner. City Planner Wittman explained the request. Michael Hinman is requesting a 30” variance to the 42” maximum fence height in exterior side yard setback areas for the construction of a 72” fence. He is proposing to place the footings for the fence in a retaining wall on his property and adjacent to a public sidewalk. The wall is existing and in a dilapidated state but would be rebuilt at the time the fence is installed. The wall is approximately four feet tall at its highest point, so the top of the fence would be about 10 feet above the grade of the subject property’s rear yard at this point. Staff recommends denial on the basis that if granted, the variance will alter the essential character of the locality and is contrary to the intent of providing an open streetscape. Chairman Collins opened the public hearing. Luke Hobbs, 811 Fifth Street South, stated he supports the granting of the variance for privacy and safety reasons. Chairman Collins closed the public hearing. Planning Commission October 11, 2017 Page 2 of 9 Commissioner Kocon said he supports the variance because the sidewalk looks down into the backyard. He sees the fence as ornamental and feels it will not impact traffic sight distance. Commissioner Siess stated she agrees with the code as written and opposes the granting of the variance. Commissioner Lauer noted it is difficult to see how the fence as proposed will fit into the neighborhood because despite the open bottom, it will look like a solid mass. Chairman Collins said he has a hard time supporting the variance due to the massing of the fence. Commissioner Hansen recognized there is a uniqueness to the neighborhood due to the commercial uses. He feels that the character of the neighborhood would not be altered by a six foot fence relative to the massing of the painted cinderblock building next door. He cited the safety and privacy concerns of the applicant due to the difference in elevation of the sidewalk versus the yard. He supports the variance. Commissioner Fletcher stated the proposed gaps at the bottom of the fence may not completely solve the safety issue. She understands the privacy concerns and is undecided about granting the variance. City Planner Wittman confirmed there would still be a grade differential from a proposed six-foot gap in the fence. The sidewalk is located on the applicant’s property. The City was unaware of the grade change prior to the application. Commissioner Kocon noted the applicant was not present to discuss alternatives. Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to table Case No. 2017-42, Variance to the maximum fence height in the exterior side yard of property located at 823 Fifth Street South, to allow the property owner and the City to determine a design that will achieve the applicant’s desires and protect the public from falls. Motion passed 6-0, all in favor. Case No. 2017-43: Consideration of a Zoning Text Amendment to allow a cigar shop and sampling room in the Central Business District (CBD). Happy Bridge, LLC, property owner and Scott and Luke Sodergren, applicants. City Planner Wittman stated that Scott and Luke Sodergren, of Sodie’s Cigars, would like to expand their Osceola, WI, business by opening a retail store at 209 Main Street South in the Central Business District (CBD). While the Zoning Code allows for tobacco sales as an accessory use (such as in a gas station or bar), retail tobacco sales as a primary use is not permitted nor is it allowed by Use Permit. The specific Zoning Text Amendment (ZAT) request is to amend Section 31-101, Definitions, by adding the following: “Tobacconist means any tobacco retailer engaged in receiving tobacco premium cigars, and accessories for retail sale at a retail outlet where seventy (70) percent or more of the total sales/revenue are generated from premium cigars, pipe tobacco and tobacco- related accessories, excluding cigarettes. Said outlet must operate a walk-in, on-site humidor.” Ms. Wittman added that the applicant has verbally indicated their desire to have a smoking lounge associated with the retail sales. She further stated that Tobacco Products Shops are exempt from the from the Minnesota Clean Indoor Air Act (MCIAA) meaning they may allow customers to sample tobacco products indoors. The MCIAA does not address smoke drift. Because the structure dates to the 1800s and shares common walls with other structures, there is the potential for smoke drift and second hand smoke. Therefore, Planning Commission October 11, 2017 Page 3 of 9 according to Building Inspector Cindy Shilts, smoke-tight construction would be required along with certain HVAC improvements. Staff finds that in its current form, the ZAT is not consistent with the Zoning Code or the Comprehensive Plan, and recommends that the Commission recommend denial of the ZAT as proposed. However, if certain modifications are made, the amended ZAT could be in substantial conformance with the Zoning Code and the Comprehensive Plan. Chairman Collins opened the public hearing. Applicants Scott and Luke Sodergren introduced themselves. Scott Sodergren explained why they want to expand to Stillwater and create a destination cigar shop. Their shop in Osceola has grown and done well. In Osceola, there is an apartment above them and another shop next to them. There has never been an issue with cigar smoke. They do not have a sampling room nor any indoor smoking at the Osceola shop due to state regulations in Wisconsin. Luke Sodergren stated he is buying the cigar shop business from his father Scott. The shop would sell cigars, pipe tobacco, and related items, but no cigarettes, e-cigarettes or vape accessories. They plan to install a strong HVAC system with air scrubbers. It would be challenging for them to have a profitable business without having a cigar sampling room. Chairman Collins asked if the applicants would be willing to seal off their smoking room. Luke Sodergren replied with two air scrubbers and a strong HVAC system to create a negative pull, it probably wouldn’t be needed but they are willing to do whatever is required. Commissioner Siess asked if they looked at any other locations in downtown Stillwater. Luke Sodergren said they looked at other locations but what drew them to the proposed location is its size, view of the river, the stone wall with the fireplace and its aesthetic appeal. Cameron Murray, 350 Main Street North Unit 346, urged the Commission to deny the application because it does not further the public necessity or general community welfare. It would bring more smoking and more smokers to downtown and have unintended health consequences. Luke Hobbs, 811 Fifth Street South, said if the HVAC system is negative pressure, he would support the request as long as neighboring businesses are not affected by the smoke. Chairman Collins closed the public hearing. Chairman Collins remarked that he likes the diversity represented by the business, but feels that if permitted, a Conditional Use Permit (CUP) should be required. Commissioner Kocon said he understands the Building Inspector’s suggestion of building a shell and putting the shop inside it. He feels it is wise to require a CUP as opposed to it being an outright permitted use. He doesn’t think any business in town wants people loitering outside their front door smoking. He could support the ZAT without a ban on sampling. Commissioner Hansen said he sees both sides of the issue. He understands the desire not to overly modify the historic buildings in downtown Stillwater. He feels a CUP should be required for all districts for such businesses. Planning Commission October 11, 2017 Page 4 of 9 Commissioner Lauer commented the business is a perfect fit for downtown but a CUP should be required. Commissioner Fletcher stated she supports the shop because it adds business diversity to downtown. Commissioner Siess stated she has no issue with the use, but she has an issue with the space. Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to recommend that the City Council approve Case No. 2017-43, Zoning Text Amendment to allow a cigar shop and sampling room in the CBD, with staff-recommended language modifications: 1) defining Tobacconist and 2) adding Tobacconist operations and sale of specialty tobacco products, as well as tobacco, general, as an allowable use in the CDB and all other zoning districts with a CUP. Motion passed 5-1, with Commissioner Siess voting nay. Case No. 2017-47: Consideration of a Short Term Home Rental License Type B for the property located at 1004 Fifth Street North. Joseph Widmer, property owner. Ms. Wittman stated the applicant is requesting a Type B Short Term Home Rental License. The case is before the Planning Commission because a neighbor submitted a letter of objection citing concerns about the number of bedrooms and guests, and parking congestion. Staff finds that the request meets all conditions of the vacation rental ordinance and recommends approval. Commissioner Hansen expressed concern with the family room labelled additional sleeping space in the proposal. He feels this should not constitute additional sleeping space because it reduces the common space and this should be clarified in the code. Commissioner Kocon also questioned the labelling of the family room as a guest bedroom. Commissioner Siess stated that there will always be this problem, for instance houses that have lofts which are not dedicated bedrooms depending on how they are designed. Ms. Wittman said since it meets the code requirements for a sleeping room, staff felt the family room met the requirements for a bedroom but she can understand the Commissioners’ concerns. Chairman Collins opened the public hearing. Joe Widmer, applicant, stated he was not planning on making the family room into a sleeping room. He is fine with five bedrooms. They do not intend to rent their home very often. Any socializing can spill into adjacent Staples Park and not onto other properties. Chairman Collins closed the public hearing. Motion by Commissioner Kocon, seconded by Chairman Collins, to approve Case No. 2017-47, a one- year provisional Type B Short Term Home Rental License for five guest rooms for the property located at 1004 Fifth Street North. Motion passed 6-0, all in favor. Case No. 2017-48: Consideration of a Final Planned Unit Development (PUD), Preliminary Plat, Final Plat and Special Use Permit (SUP) for the properties located at 1616 Olive Street West and 114 Brick Planning Commission October 11, 2017 Page 5 of 9 Street South. Our Savior’s Lutheran Church, property owner and Anne Stanfield, Ecumen, applicant. City Planner Wittman explained the request. Anne Stanfield, representing Ecumen, and Pastor Dale Stiles, representing Our Savior’s Lutheran Church (OSLC), have submitted an application to develop a 15.01 acre site located at 114 Brick Street South and 1616 Olive Street West. The City approved a Concept Planned Unit Development (PUD) for this development in August 2017. Ecumen will be the owner and operator of the proposed Senior Care Living Facility and OSLC will continue to own their existing church structure on the site, which is proposed to be expanded in the future. The site would be developed in two phases: 1) Ecumen Stillwater, a 143-unit senior living building, all parking, drive and pedestrian improvements for the two uses; and 2) a future Our Savior’s Lutheran Church expansion. Ms. Wittman discussed the proposed plan in regard to parking, landscaping, covenants, pedestrian and traffic improvements, massing of the building, and signage. She summarized City staff comments and developers’ revisions to the plan since concept approval was granted in August. A letter from a neighbor was received opposing the architectural design. City staff met with Washington County regarding traffic patterns which need to be discussed further. Ms. Wittman summarized written concerns received from neighbors: letters were received from Jim and Barb Ylinen, 201 Deer Path, regarding traffic, preservation of natural resources, noise, smells, and obstruction of views; and from Mike Miskowiak, 314 Hemlock, regarding loss of green space, traffic, noise, and light pollution. Staff recommends approval of the Final PUD, Preliminary Plat and Final Plat, and SUP with 12 conditions. Commissioner Siess asked who reviewed the geotechnical engineering services report. City Planner Wittman responded that Public Works Director Shawn Sanders reviewed the report. His comments and two suggested requirements are listed in the staff report. Chairman Collins opened the public hearing. Anne Stanfield, Ecumen, explained the intent to create a shared campus to support intergenerational programming between the residents of the senior living facility and Our Savior’s Lutheran Church. Developers are prepared to comply with the staff-recommended conditions and have responded to neighborhood feedback. Mindy Michael, Kaas Wilson Architects, reviewed the current design of the project with images indicating revisions since concept approval. She emphasized the demand for senior housing. Chairman Collins asked if a pitched roof was considered so the structure is not so boxy. Ms. Michael stated they are bound by the height restriction of 35 feet. A pitched roof would preclude three stories, thus they are planning a flat roof. Chairman Collins asked about the plan for screening on the west side. Ms. Michael stated they propose planting trees as large as feasible. They would be willing to relocate more of the proposed trees to the west side if they would fit. Commissioner Siess asked about the chemical-type odor found in the soil, of undetermined source, noted in the geotechnical report done in March. Ms. Michael stated no further testing was done; it was believed to smell somewhat like fertilizer but it was not strong, it was mentioned in case it needed to be investigated further. Commissioner Siess asked Ms. Wittman if the City were to investigate it, what would happen? Ms. Wittman replied it would be an untraditional request and she has not dealt with that sort of request before. Planning Commission October 11, 2017 Page 6 of 9 Ms. Stanfield added the smell is in an area of poor soils where there will not be any building activity. They have avoided any disruption in that area. It only appeared in that one location. Commissioner Siess noted there are a lot of water pockets in Stillwater. On page 20, the geotechnical report discussed some water concerns. She asked if engineers looked at how neighboring areas have dealt with with water. Ms. Stanfield replied they investigated only the proposed site, no additional properties. Anecdotally, when taking the photo from 181 Deer Path, she did see their backyard was quite moist and they said they have quite a bit of drainage going into the pond north of their house. Commissioner Siess remarked there is a lot of discussion about senior housing but not about affordable senior housing. She asked if this facility will be considered high end or affordable. Ms. Stanfield replied that Ecumen has a range of housing from affordable to market rate senior housing. Their intent for this project is not HUD-subsidized but they want it to be financially accessible to a broad range of potential residents. Barbara Ylinen, 201 Deer Path, spoke in opposition, stating that she and her husband have lived in their home for 33 years. This enormous facility is all she will see from her windows and her backyard. The proposed modification is not significant enough to be an improvement. Commissioner Siess asked Ms. Ylinen to elaborate on odors she mentioned in her letter. Ms. Ylinen replied she was talking about the odors from an industrial kitchen which are a real concern. Dan Zenk, 261 Deer Path, asked how close the proposed building is to his property line. City Planner Wittman replied the distance is 70 feet. Mr. Zenk stated he planted all the trees because the church reconstruction resulted in light shining in his windows. He is concerned if the path is expanded, it will take out trees. Ms. Wittman replied the development will not be taking out trees on the western property line. The trail itself will stay as is. The east part of the trail will be a substrate that is placed and then planted with grass so a fire truck may drive on it. No changes are proposed to the westerly portion of the trail. Mr. Zenk continued that he does not want to see that large a building that close to his backyard. It will affect property values, cast more light, generate noise and cause fire trucks to be literally in his backyard. He also is concerned about safety and adding to Deer Path traffic volumes. Kyle Brandvik, 113 Brick Street South, voiced concerns about property values, green space, traffic, pollution, noise, and the impact on lifestyles. She questioned the notification about the neighborhood meetings, which seemed timed by the developer for holiday weekends. She has not seen renderings of what the buildings will look like and feels the neighbors are not aware of what is going on. Every time she comes there is a different plan. She added that there is a lot of concern about property values in the neighborhood. She doesn’t question the value of an assisted living facility but feels it is not the right place. Chairman Collins closed the public hearing. Commissioner Kocon noted if the site were developed as single family, with over 60 homes, that would consume a lot of green space with roads, buildings and driveways. He feels the neighbors’ concerns are legitimate but it would probably be more impactful if it were a single family development. He is not diminishing traffic, light and privacy concerns. He feels the staff report is very comprehensive. Planning Commission October 11, 2017 Page 7 of 9 Chairman Collins agreed that the staff report was thorough and addressed a lot of his concerns. To try to protect the views as much as possible, he would like to see the biggest trees possible planted on the western side, and would also like to see downlit and shielded lighting. With these additional conditions, he feels the development fits and will be a benefit to the community. Commissioner Fletcher said compared to a development of single family homes, this PUD with 50% open space is really compelling. Dense living takes a while to get used to but it is the wave of the future. She is in favor of the proposal with conditions discussed. Commissioner Siess said the developer and the Commission can try harder to accommodate the concerns. Fast growing trees die, so the developer should look at trees that will be long-lived. The building mass, especially in proximity to 261 Deer Path, needs to be re-examined. If the architects can do anything with a pitched roof, they owe it to the nearby homeowners. From a planning perspective, the City needs to consider what will be done with these structures after the baby boom is over. She encouraged everyone to consider this issue including the City, in conjunction with the Comprehensive Plan update. She stated there are people who are looking at that from other perspectives, low income housing, disability housing, but City codes don’t allow that right now. Commissioner Hansen noted that there is no way to know what the population of senior housing residents will be in the future but Stillwater is so deficient in that type of space now that it could probably be doubled and still be deficient. A certain density and number of units is needed to make these projects financially feasible. With a gable roof, it would not have that extra floor. He doesn’t believe a gable roof would be appropriate on a three story building. He recognized that the building is massive but it is set far back. He is less concerned about traffic issues than before the traffic study. He is in favor of the project and thinks the applicant has addressed many of the issues. He realizes that the homeowners on Deer Path oppose the project. Commissioner Lauer said he favors the project. Regarding the life cycle of the building, it may become a destination for the whole metro area. He feels the proposal makes a lot of sense. City Planner Wittman acknowledged that the City and County need to look at the Olive/Brick/Myrtle system to design improvements as part of a future conversation with the Commission. Motion by Commissioner Kocon, seconded by Commissioner Lauer, to recommend that the City Council approve Case No. 2017-48, Final PUD, Preliminary Plat, Final Plat and Special Use Permit for the properties located at 1616 Olive Street and 114 Brick Street, with the 12 conditions recommended by staff, and the following additional conditions: 13) all lighting shall be downlit and shielded; 14) the landscaping plan shall be amended to provide coniferous trees on the west and east property lines, to provide for screening from all adjacent properties; 15) the applicant shall be responsible for installing a stop sign on Ramsey Street, in both directions. Motion passed 5-1, with Commissioner Siess voting nay. Case No. 2017-49: Consideration of a Variance to the front yard setback and the expansion of a legally non-conforming structure on the property located at 204 Birchwood Drive North. Genevieve Schulze, property owner and Cynthia Polzin, applicant. City Planner Wittman explained the request. Cynthia Polzin is requesting a 9’ variance to the required 30’ Front Yard Setback for the construction of a vestibule on a legal, non-conforming home. The home, permitted by the City prior to the adoption of the Zoning Ordinance, has a front yard setback Planning Commission October 11, 2017 Page 8 of 9 of 25’, and the proposed vestibule would have a front yard setback of 21’. Finding that practical difficulty has been established, staff recommends approval with three conditions. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Commissioner Kocon, seconded by Commissioner Hansen, to approve Case No. 2017-49, Variance to the front yard setback and the expansion of a legally non-conforming structure on the property located at 204 Birchwood Drive North, with the three conditions recommended by staff. Motion passed 6-0, all in favor. Case No. 2017-50: Consideration of a Variance to the structural lot coverage and a Variance to the 30 foot Steep Slope Setback for the property located at 628 Olive Street West. Jenafer and Grant Smith, property owners. City Planner Wittman explained the request. Jenafer and Grant Smith have applied for variances to construct a temporary shed, to be located approximately 2’ from a slope of greater than 25% in the rear of the property. Additionally, there is 1,954 square feet of structural coverage existing on the 7,017 square foot lot. The existing lot coverage is 27.8% of the total lot area. With the addition of a 120 square foot shed, the total structural coverage on the property will become 29.5% of the total lot area. Thus, the following variances are required: 1) a 28’ variance to the 30’ steep slope setback; and 2) a 4.5% variance to the 25% maximum structural coverage for the addition of 120 square feet of structural area. On the basis that practical difficulty has been established by the applicant, staff recommends approval with two conditions. Commissioner Kocon stated he is in favor of the request. He asked if there is any opportunity for a rain garden. City Planner Wittman replied it would be too close to the ravine, causing erosion. Chairman Collins opened the public hearing. Applicant Jenafer Smith stated she measured from where they constructed the retaining wall to the slope which is 13.10 feet. The whole area there is hostas and they did not disrupt that. She added that they have purchased the paint to match the house. The shed will be moveable. Chairman Collins closed the public hearing. Motion by Commissioner Siess, seconded by Commissioner Hansen, to approve Case No. 2017-50, Variance to the structural lot coverage and Variance to the 30 foot Steep Slope setback for the property located at 628 Olive Street West, with the two conditions recommended by staff, and the following additional condition: the accessory structure shall be the same color as the primary residence. Motion passed 6-0, all in favor. NEW BUSINESS There was no new business. STAFF UPDATES Water Street Inn Appeal Planning Commission October 11, 2017 Page 9 of 9 City Planner Wittman informed the Commission that the appeal was approved by the City Council. October 19 Comprehensive Plan Review Session City Planner Wittman informed the Commission that a review session will be held October 19 for all Commissioners and Councilmembers regarding the process for the Comprehensive Plan update. Code Changes Commissioner Siess asked for a status on the code changes. City Planner Wittman said due to workload she is hoping to accomplish this in November. Meeting with the City Council Commissioner Siess asked about scheduling a Planning Commission meeting with the City Council. Ms. Wittman replied that the Comprehensive Plan update process will provide a good opportunity for Commissioners to work with members of the Council on planning issues. Commissioner Siess replied that the Comprehensive Plan does not deal with ordinances and variances that have come before the Commission which have not gone through such as yard parking, various cases over the years regarding firearms sale, and other issues. She feels that meeting yearly with the City Council would be a healthy thing for the Commission and the City. Commissioner Kocon suggested if Commissioners have agenda items to discuss with the Council, they could bring them forward as a Commission, put together an agenda and then determine when a joint meeting would be mutually convenient. ADJOURNMENT Motion by Commissioner Lauer, seconded by Commissioner Kocon, to adjourn the meeting at 10:00 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary