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HomeMy WebLinkAbout2017-12-13 CPC MIN PLANNING COMMISSION MEETING MINUTES December 13, 2017 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:03 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Kocon, Lauer and Siess; Councilmember Menikheim Absent: None Staff: Community Development Director Turnblad APPROVAL OF MINUTES Possible approval of minutes of November 8, 2017 regular meeting Motion by Commissioner Kocon, seconded by Commissioner Lauer, to approve the minutes of the November 8, 2017 regular meeting. Motion passed 6-0 with Commissioner Hansen abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2017-61: Preliminary Plat and Zoning Map Amendment to rezone a 5 acre parcel from AP to RA in order to develop buildable lots for the property located at 12991 Boutwell Road. Westridge Development LLC, property owner and Kevin von Riedel, applicant. Community Development Director Turnblad explained the request. Kevin von Riedel, Westridge Development, LLC has submitted an application for preliminary plat approval of a 14-lot single family development to be known as West Ridge, and a rezoning of the 4.97 acre property. The site is located at 12991 Boutwell Road. Mr. Turnblad stated that the requested RA zoning is consistent with the Comprehensive Plan, which guides development of the site and neighborhood as Low Density Residential. Due to a tributary of Brown’s Creek which runs to the west of the development, the shoreland overlay district applies to part of the development, reducing the allowable surface coverage of the affected lots from the standard 30% to 25%. The proposed development meets the standards. Mr. Turnblad stated that the City must look at reasonable options for future adjacent development in addressing this proposal. He summarized the implications for future development of adjacent properties in terms of street connections, avoiding wetlands, respecting the locations of existing houses, and keeping streets off the 12% slope in the shoreland overlay district. Staff recommends approval with 18 conditions. Planning Commission December 13, 2017 Page 2 of 6 Commissioner Hansen asked what was the consideration for the location of the road stub. Mr. Turnblad responded the location was proposed by the developer because it allows the lots to meet the 10,000 square foot minimum in the Comprehensive Plan and protects the larger portions of the parcel where there are existing homes. There may someday be a combined driveway, since code allows up to two homes to be served by one driveway. Commissioner Siess referred to the cul de sac and asked why the road is not being extended. Mr. Turnblad responded that for this project, it would have eliminated a lot or two and it wasn’t needed to service this area. The shoreland district and the slopes are factors, and staff felt the road should not go south because it would have ended up single-loading the road with houses on one side only. Commissioner Hansen asked Mr. Turnblad to address the letter from Stuart Rauvola, 12955 Boutwell Road North, including Mr. Rauvola’s concern that the impervious surface coverage appears to exceed the 25% maximum coverage for most if not all the lots. Mr. Turnblad stated that he attempted to address all Mr. Rauvola’s concerns. Some lots are allowed 30% coverage. It is only lots 5, 6, 7, 8, and 9 that are restricted to 25% coverage. The developer will not be the builder, so the impervious surface coverage will be reviewed every time a building permit application is made. If the lots exceed the maximum coverage they will go to the Planning Commission for a variance. Commissioner Kocon pointed out that in one of the plats, the lots are labeled as walkout lots but if a property owner wants to build a second story deck they would not be able to because it would exceed the maximum coverage. He suggested requiring language to make this clear to builders and property owners, to prevent having them come in and saying nobody told them about it. Mr. Turnblad said language could be developed stating that anything outside the footprint in the plans is not permitted, period. Condition #8 could be fleshed out to address this point. Kevin von Riedel, Westridge Development, 7800 Kimbro Avenue North, Stillwater, said he didn’t actually have a neighborhood meeting but he met with neighbors to show them the plans. Responses varied from “I’m not going to sell” to “This is disappointing but you have the right to do it because it’s your property.” Regarding the 25% maximum surface coverage, Mr. von Riedel said he will emphasize to the builders that they have 25% to work with. Chairman Collins opened the public hearing. Matt Berberich, 12991 Boutwell Road, asked how the proposed development would this affect his taxes and whether it would force an upgrade of Boutwell Road. He feels the subdivision will look extremely awkward having residential size lots in a rural neighborhood. He would recommend larger lot sizes. He said he was speaking on behalf of neighbors who feel similarly. Gary Gallmeier, 12997 Boutwell Road, stated his biggest concern is where the water is going to go. The City dug a ditch behind his property a few years ago and now it has water eroding through it. It’s not a creek, it’s a ditch which was dry ground when he bought his property 40+ years ago. Dale Hanson, 12840 Boutwell Road, shared his concern about runoff. He feels 10,000 square foot lots are out of character with the rural neighborhood. He would prefer larger lots. Richard Schultz, 13055 Boutwell Road, complained that the potential future road through the neighborhood is so weaving and twisted it ignores the aesthetics of the area. He wondered if the development should have plain city blocks like in other areas. He also wondered if sewer lines could Planning Commission December 13, 2017 Page 3 of 6 follow the curving roads or would the sewers have to go under the houses. He also said he is concerned about runoff and about fire trucks getting through if cars are parked on the street. Jon Whitcomb, 12950 75th Street, asked if the dead head type of cul de sac has been used in Stillwater before, and how snow will be plowed. He feels it is a poor choice aesthetically. He is a developer for a living but is here speaking as a property owner. He would prefer that the road not come to his property because he doesn’t think the lot sizes and homes will be of equal value to what he would want to see on his property. A cul de sac of some kind at the end of the road is fine as long as the sewer and water is pushed to his property line. He would like assurance that the sewer depth is enough to handle the property to the south which he owns. As a developer who has worked in the City, Mr. Whitcomb acknowledged that the annexation was inevitable and development of the area was planned, even though his neighbors would prefer that it stay rural. He is concerned that the lowest common denominator in the first development will set the standard for what will come. He urged the Commission to make sure the utilities are planned properly for neighboring properties. Chairman Collins closed the public hearing. Chairman Collins asked Mr. Turnblad about runoff, utility plan/sewer layout and drainage. Community Development Director Turnblad explained that sewer and water are both extended to the property line and the City engineer will set the depth properly so all of Mr. Whitcomb’s property can drain north. It will be sized and put at a depth to provide service to the property to the south. The cost of that extra depth will be paid by the City via a credit against the developer’s sewer and water connection fees. Sewer and water will also be brought out to the eastern property line. Planning, engineering and public safety staff met with Brown’s Creek Watershed District (BCWD). The developer understands they will need a permit from the BCWD, which has already offered comments on the project. There will be on-site ponding. All drainage will be captured and sent to several ponds. City staff believes the development will be able to handle the runoff properly. Mr. Turnblad said he understands the concern about changing the character of the neighborhood. He reiterated that the Comprehensive Plan directs directs this neighborhood to go from rural to urban densities and obligates the City to meet certain densities. The developer is required to pay impact fees for projected impacts to City infrastructure, part of which involves transportation. However, the City doesn’t envision more lanes or a major change to Boutwell due to this development. Commissioner Kocon asked about having larger lot sizes. Mr. Turnblad responded that a Planned Unit Development (PUD) like Liberty allowed smaller lots to push densities away from the lake, with the tradeoff being the need to create large open spaces. But where a PUD is not used, standard lot sizes allow for lawn space, so additional open spaces are not required. Regarding the curvilinear street system, Mr. Turnblad stated that sewer and water will go in the streets so additional easements won’t be needed. As long as there are straight shots between the manholes it is OK and meets code. Commissioner Kocon asked about snow removal on the cul de sac. Mr. Turnblad replied the plow driver may have to be creative, but the City Engineer believes it will work. The Assistant Fire Chief is also OK with the cul de sac as proposed. Commissioner Siess asked about the option of eliminating a lot, and could the Commission technically do that? Mr. Turnblad responded the Commission may require anything, but only a judge can answer whether it would be legal. The project as proposed meets all City code. Stillwater is classified as an Planning Commission December 13, 2017 Page 4 of 6 urbanized city, therefore the largest lot by zoning district is the 10,000 square foot lot. The City could not require larger lots. Commissioner Siess said she understands the low density and lot sizes but is concerned about the water and the creek that is there. Even though BCWD has looked at it and provided recommendations, from living in the area she feels there is a water problem, so she cannot support the approval. Motion by Commissioner Kocon, seconded by Commissioner Fletcher, to recommend that the City Council approve Case No. 2017-61, Preliminary Plat and Zoning Map Amendment to rezone a 5 acre parcel from AP to RA in order to develop buildable lots for the property located at 12991 Boutwell Road, with the 18 conditions recommended by staff, and with Condition #8 modified to state “The maximum impervious surface coverage for Lots 5 through 9, Block 1 is limited to 25%. If any portion of the house on Lot 4, Block 1 falls within the shoreland overlay district, then this lot too will be limited to 25% impervious surface coverage. If no portion of the house falls within the shoreland overlay district, then the maximum permitted impervious surface coverage will be increased to 30%. All other lots in the subdivision will be permitted a maximum of 30% impervious coverage. Impervious coverage includes all buildings, structures and improvements that do not allow water to percolate into the ground directly below it. This includes, but is not limited to, buildings, driveways, sidewalks, swimming pools, impervious landscaping materials, patios, etc. Pervious pavement will not be considered impervious coverage if approved by the City Engineer in consultation with the City Planner.” Motion passed 6-1, with Commissioner Siess voting nay. Case No. 2017-64: Zoning Text Amendment to modify the Short Term Home Rental Ordinance. City of Stillwater, applicant. Mr. Turnblad stated that since the ordinance was developed, staff has discovered two areas where they would like to clean up the language to better convey the intent. He explained the proposed revisions. Staff recommends the Planning Commission forward a favorable recommendation of approval to the City Council. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Motion by Commissioner Hansen, seconded by Commissioner Hade, to recommend that the City Council approve Case No. 2017-64, Zoning Text Amendment to modify the Short Term Home Rental Ordinance. Motion passed 7-0, all in favor. UNFINISHED BUSINESS Case No. 2017-56: Preliminary Plat and Zoning Map Amendment for Nottingham Village, a single family subdivision on the property located at 12220 McKusick Road North. Randy and Judy Petrie, property owner and Todd Erickson, representative. Community Development Director Turnblad reviewed the request. Greg Johnson, Hearth Development, LLC, plans to develop 5.30 acres of property located at 12220 McKusick Road. The preliminary plat for the project, to be known as Nottingham Village, shows 15 single family lots that are requested to be zoned TR, Traditional Residential. The site is located among large unsewered lots that were developed while the neighborhood was located in Stillwater Township. The neighborhood lies just east of Manning Avenue (County Road 15) between McKusick Road (County Road 64) and Planning Commission December 13, 2017 Page 5 of 6 Brown’s Creek. The Planning Commission opened the public hearing on November 15, 2017. After hearing testimony from several neighbors, the Commission closed the hearing and tabled a decision until December 13. In order to develop the property as proposed, the applicant has requested approval of the following: 1) Rezoning of the property to TR, Traditional Residential and 2) Preliminary Plat known as Nottingham Village for 15 single family lots. Staff recommends approval of the preliminary plat, and rezoning with 15 conditions. Todd Erickson, Civil Engineer for the project, stated that Greg Johnson is the developer and will also be the builder. He feels the neighborhood meeting was successful. They presented a lot of detail on drainage, utilities and how the road would be connected. The neighbors’ biggest concern was access and traffic. The developer feels the traffic will follow the path of least resistance, so if new residents experience timing issues on McKusick they likely will take a different route to get to the west. Community Development Director Turnblad shared that a neighbor expressed concern about construction traffic, so staff suggested an additional condition of approval #16 that construction traffic use County Highway 64 to avoid driving through the 87th Street neighborhood. Chairman Collins reopened the public hearing at the suggestion of Commissioner Kocon. Ed Otis, 12070 87th Street Circle North, said he would like to see heavy construction equipment avoid his neighborhood because it is an older road. He also is concerned that 87th Street and McKusick are fairly close together and there is no traffic control or roundabout at McKusick and there have been some bad accidents there. Mitch Binford, 12260 87th Street North, explained that he has an easement that will be null when the road is extended. He expressed concern that if he ever wants to develop his three acres, he could be landlocked. He also voiced concern about whether sewer and water may be stubbed into his property. Having the stub at the end of 87th Street North will make it difficult for him when he connects to sewer and water. Community Development Director Turnblad said Mr. Binford may not have enough frontage to develop but his driveway could serve two homes, so he may be able to build one more home. He said Mr. Binford may want to consider purchasing a sliver of the developer’s property to give him more road frontage. Chairman Collins closed the public hearing. Motion by Commissioner Kocon, seconded by Commissioner Lauer, to recommend approval of Preliminary Plat and Zoning Map Amendment for Nottingham Village, a single family subdivision on the property located at 12220 McKusick Road North, with the 15 staff-recommended conditions and the addition of Condition #16: “All construction traffic must access the project site via McKusick Road and avoid driving through the 87th Street neighborhood.” Motion passed 7-0, all in favor. NEW BUSINESS Case No. 2014-40: Request for a one-year extension for Tod and Madelyn Fyten, representing St. Croix Brewery, to operate a brewery at 114 Chestnut Street East by Special Use Permit. Planning Commission December 13, 2017 Page 6 of 6 Mr. Turnblad stated that the applicant has requested the Planning Commission’s consideration of an additional one-year extension of Special Use Permit 2014-40 for a micro-brewery and taproom to be located at 114 Chestnut Street East, known as the Brunswick Home. The applicants had to make unforeseen changes to the interior of the structure in order to accommodate the change of use. Staff recommends approval of a one-year extension of Special Use Permit 2014-40. The applicant, Tod Fyten, explained they have made a lot of progress but had to gut the basement and experienced delays in equipment manufacturing. The outside of the building is almost done and they are now ready to put the brewery in. Commissioner Hade stated that the last big snowstorm was over a week ago and the sidewalk is still full of snow and ice. Mr. Fyten replied he will make sure the snow is cleared. Motion by Commissioner Hansen, seconded by Commissioner Hade, to approve a one-year extension for Tod and Madelyn Fyten, representing St. Croix Brewery, to operate a brewery at 114 Chestnut Street East by Special Use Permit. Motion passed 7-0, all in favor. ITEMS OF DISCUSSION Community Development Director Turnblad informed the Commission the first major step of the second phase of the Comprehensive Plan update is underway. It involves reviewing the goals of the existing Comprehensive Plan. He said there will be a joint meeting between the Planning Commission and City Council on Tuesday, January 23, 2018. Commissioner Hade asked about the status of the proposed distillery on Second Street. Mr. Turnblad stated he has not heard anything since the use permit was issued. Commissioner Siess asked if there are minutes from the meeting like this that happened 10 years ago. Mr. Turnblad said it was done as a work session over a period of time. He will include minutes of those meetings with the packet for the January 23 meeting. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to adjourn the meeting at 9:10 p.m. All in favor, 7-0. Respectfully Submitted, Julie Kink Recording Secretary