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HomeMy WebLinkAbout2018-02-14 CPC MIN PLANNING COMMISSION MEETING MINUTES February 14, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:00 p.m. Present: Chairman Collins, Commissioners Fletcher, Kocon (arrived at 7:04 p.m.), Lauer and Siess; Councilmember Menikheim Absent: Commissioners Hade and Hansen Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of January 10, 2018 regular meeting Motion by Commissioner Fletcher, seconded by Commissioner Lauer, to approve the minutes of the January 10, 2018 regular meeting. Motion passed 4-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2017-69: Special Use Permit (SUP) for 9 townhome units to be located at 1167 Parkwood Lane and 6322 Stillwater Boulevard North in the TH District. Ancho Bay Pro, Inc., property owner. City Planner Wittman explained the request. Tim Nolde, Ancho Bay Pro, Inc., has requested a Special Use Permit to allow for nine (9) townhouses to be located at 1167 Parkwood Lane and 6322 Stillwater Blvd. North. Two buildings, one with three units and the other with four units, are proposed to be relocated from Oak Park Heights. A third building, comprised of two units, is proposed to be constructed onsite. Two shallow infiltration basins are proposed to address all stormwater runoff onsite. One resident, Michael Hughes, 1172 Parkwood Lane, expressed support for the scale of the project and limiting the number of units accessing off of Parkwood Lane, but had concern about drainage on his lower lying property and stated that he is not in favor of rental properties. In his written comments, Mr. Hughes asked the City to require the infrastructure to be developed to necessary standards. The City Council will consider the building moving permit on March 6. On the basis the application is in harmony with the general purposes of the Zoning Code, consistent with the Comprehensive Plan, and, with certain conditions, would conform to all lawful regulations, staff recommends approval of the SUP with 18 conditions. Planning Commission February 14, 2018 Page 2 of 7 Commissioner Kocon asked what the drainage area will look like when there is no water there. City Planner Wittman replied it is a vegetative swale so it will have grasses. Tim Freeman, Folz Freeman Surveying Inc. representing the property owner, offered to answer questions. Chairman Collins opened the public hearing. Art Junker, 1164 Parkwood Lane, asked how much interruption the moving of the buildings will cause on County Highway 5. Martha Morse, 1172 Parkwood Lane, stated she appreciated the Commission’s careful consideration of the design and asked if the commission may request further beautification of the property. She noted that mosquitoes are an issue on nearby lots and questioned whether the existing pond to the north should be integrated. She asked about ownership and integrity of the retaining wall between the vacant lots and Saddle Court, and about parking that will be lost. Chairman Collins closed the public hearing. Ms. Wittman stated that the move, which is anticipated to use County Highway 5, will require access and right-of-way permits from both Washington County and the Minnesota Department of Transportation; the owner is aware of these regulations. She understands the move will occur at night for minimal disruption to traffic flow. She added that Saddle Court parking is a challenge - all existing units have on-site parking but they also use public right-of-way for parking. Parallel parking will be reinforced as part of this project. The ownership of the retaining wall is being investigated by the City Attorney. The wall is located on public land. An engineer’s report says there is some stress on the wall right now and further analysis is recommended. This will be addressed in a development agreement. Staff has advised the property owner they may want to work with Washington County Conservation District to add low impact plantings. Commissioner Kocon said it is a good addition to the neighborhood and he is glad water will be draining down within 24 hours after a rainfall event, which should eliminate the mosquito issue. Commissioner Siess said she is concerned about the properties being used as rental and wondered how it could be assured that a child does not get into the pond. Ms. Wittman stated that, from the public way, there is a guardrail along the trail but not on the other side behind the homes. Mr. Freeman responded that the drainage area is not going to attach to the existing pond because of the trail there. The drainage area is large but no different than other infiltration basins. There have not been any issues with the existing pond to the north. Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to approve the Special Use Permit for Case No. 2017-69, with the 18 conditions recommended by staff, modifying Condition #5 to state, “Prior to the issuance of a Building Moving Permit or Building Permit. . .” and modifying Condition #15 to state, “The Developer will be responsible for paying the AUAR Fee and Trunk Sewer Fee. These fees will be due prior to release of the Grading or Building Moving Permits” and adding Condition #18, per staff, to state, “All lighting shall be downlit, shielded and cutoff at the property line.” Motion passed 5-0, all in favor. Planning Commission February 14, 2018 Page 3 of 7 Case No. 2018-03: Conditional Use Permit for a Type C Short Term Home Rental to be located at 219 Third Street North in the RCM District. Angela Hudson, property owner. City Planner Wittman explained the request. Angela Hudson owns the single family house at 219 Third Street North. She does not live at this property and has been using it a Short Term Home Rental for approximately one year. Ms. Hudson has submitted applications for both the necessary Conditional Use Permit to operate a Type C Short Term Home Rental (STHR) and a STHR License. Ms. Hudson will manage the property herself. Letters of opposition were received from neighbors Amy Goetz, 231 Third Street North Unit C and Barbara Troolin, 231 Third Street North, citing concerns about disruptiveness, parking demands and the potential for nuisances. Staff finds the regulations in Ordinance 1093 to be satisfied with conditions and therefore recommends approval with 12 conditions. Commissioner Siess asked what a substantiated complaint consists of. Ms. Wittman said everything is a matter of investigation. Complaints may be related to parking, noise issues or other nuisances. Chairman Collins acknowledged that one of the complaints submitted included pictures of tents being used in the backyard. Ms. Wittman stated that if the number of people exceeds the limits, that would be a violation but there is nothing specifically addressing tents in the ordinance. Commissioner Kocon remarked that he would like there never to be tents. Applicant Angela Hudson stated she has been renting the house out for three years. She plans to allow only 11 people to rent the house at one time. She did not know that the people staying there had put the tents out and would not have allowed that. There is another way out of the driveway, so if someone is parked there for five minutes another car would not be entirely blocked in, but it is a very steep drop. Most guests have abided by her requests. Justin Hudson pointed out that he and his wife are both local business owners and the house is immaculate. They have a great relationship with neighbors. When an issue is brought to their attention it is resolved immediately. Commissioner Kocon asked if they could erect a sign or some obvious obstruction indicating no parking in the shared part of the driveway. Ms. Hudson replied that it is a very narrow space and an obstruction could block the driveway but she would consider it. Chairman Collins opened the public hearing. Barbara Troolin, 231 Third Street North (Mulberry Condos) stated she has witnessed loud parties, cars blocking the driveway, people camping and sleeping in cars overnight and dumping garbage in her trash. These violations have been reported to the owners with mixed results. She asked the Commission to deny the application. Lois Fleming, 231 Third Street North (Mulberry Condos) said her main issue is parking which is very difficult especially in the winter, when the access out of the property to the north is filled with plowed snow. Some guests are pleasant and some are not. She added that people have slept in cars and in tents in the backyard. Guests often block the condos’ only drive to get to the street. Amy Goetz, 231 Third Street North (Mulberry Condos) said she doesn’t want to police her neighbors’ business. It is inconvenient and uncomfortable. Offsite management of short term rentals invites a fraternity house atmosphere - people are not committed to the neighborhood. Planning Commission February 14, 2018 Page 4 of 7 Ms. Hudson addressed the concerns expressed, saying that she would never text or call someone after 10 p.m. She feels she and her husband have done everything they could to keep the tenants quiet. She acknowledged that erecting signs that say condo parking only might help and she is willing to purchase them. Chairman Collins closed the public hearing. Chairman Collins pointed out that the ordinance provides that after three substantiated complaints a license may be revoked, so if there is an issue it can be dealt with. Commissioner Kocon said he feels the neighbors’ concerns are valid. Parking is difficult. He appreciated the applicant’s offer to buy signs clarifying no parking. He favors approving the CUP knowing that with three strikes, the license could be revoked. Commissioner Siess acknowledged that the application meets all the conditions - the community should know this is a brand new ordinance and feedback would be appreciated. Motion by Commissioner Kocon, seconded by Commissioner Lauer, to approve Case No. 2018-03, Conditional Use Permit for a Type C Short Term Home Rental to be located at 219 Third Street North, with the 12 conditions recommended by staff. Motion passed 5–0, all in favor. Case No. 2018-05: Amendment to the conditions of approval of a previously granted Variance at 1902 William Street North in the RB District. Sterling Black of Fairway Development LLC, property owner. City Planner Wittman reviewed the history of the case. Sterling Black would like to develop his property located at 1902 William Street North with eight single family lots. Therefore, he is requesting the Planning Commission’s consideration of an amendment to the condition attached to the previously granted Variance, Case No. 2016-49, to allow for the future development of eight, opposed to seven, single family lots. Staff finds that eight lots at 1902 William Street North are consistent with the Comprehensive Plan, would not be detrimental to the neighborhood, and would remain directly related to, and bear a rough proportionality to, the impact related to the variance. Therefore, staff recommends the Planning Commission amend the conditions of approval of a previously granted Variance for Case No. 2016-49, to allow for eight single family residential lots to be located at 1902 William Street North. David Hempel, Westwood Professional Services, representing the applicant, offered to answer questions. Chairman Collins opened the public hearing. Brian Larson, 2008 Hazel Court, asked if the project has been approved by Browns Creek Watershed District. City Planner Wittman replied she doesn’t know the status because at this time the developer has not submitted the final plat. Mr. Larson asked what assurance the neighborhood has that rezoning to R1 would occur. He is concerned this developer could get the approvals requested tonight and sell to another developer who could come back with a R2 development, in theory. Ms. Wittman responded that any future developer would still have the condition of seven to eight single family lots. When the final plat is submitted, the Council will determine if it’s substantially Planning Commission February 14, 2018 Page 5 of 7 compliant with the preliminary plat approval. Mr. Larson reiterated that as long as the property is rezoned to R1 and the neighbors have assurance it won’t be turned into a twin home concept, he has no objection. James Purcell, 2001 Hazel Court, expressed concern about the increase from seven to eight units. He feels there is nothing about eight that is better than seven except for the developer’s profit. The Commission’s job is to hold the developer to what was agreed to. Tim Sinclair, 14411 Dellwood Road North, Stillwater Township, across from the proposed development, pointed out that the potential development of the site has been going on for 12 years with various developers. He thought the developer was OK with the seven lots previously approved. He is against the amendment to increase to eight lots. Pat Lockyear, 2001 Hazel Court, stated that when the case went to the Council last year they denied it, unable to determine why eight is better than seven. Before the Commission considers any more amendments to the original agreement, the developer should have to do more due diligence than waiting for a final plat to go before the Watershed District. It is a very hilly property and to put in the eighth house, he will have to change the landscape considerably. It was spot zoning originally which is poor practice. Neighbors are concerned that if he sells the property, it will become a whole new development. The original zoning was not appropriate. Mary Harycki, 2004 Hazel Court, echoed concerns of her neighbors. She feels the City needs to get the zoning back to single family. The cul de sac rule was enacted because of safety. The developer should be held to what they agreed to previously. Mr. Hempel responded by saying that the developer is working with the Browns Creek Watershed District (BCWD) on the proposal that was submitted last year. They stopped when they were told to stop because of the variance - it didn’t make sense to go further until they had some assurance they would be able to continue with the platting process. Ms. Wittman emphasized that the BCWD permit will be required for final plat approval. Chairman Collins closed the public hearing. Commissioner Kocon said he believes the bottom line was that the Commission didn’t want to see duplexes. A year later, the Commission looked at an eight unit plan and said that could work. This is simply housekeeping. The preliminary plat as approved was an eight-unit plan. He fully expects the Commission will not be approached with anything greater than eight. Commissioner Lauer agreed that it appears to be a housekeeping issue. Commissioner Siess asked how the Comprehensive Plan update impacts the request. Ms. Wittman replied that the rezoning would be initiated by the City and would occur prior to the issuance of a building permit. Staff is waiting until the final plat is approved because then they know they would have property owner support for the rezoning. Commissioner Siess said she doesn’t see this as a cleanup measure. With everything that has gone on for over 10 years, the decision was made to keep it to seven lots. Based on past behavior she feels the proposal could come back with an increase and she would prefer the condition remain as is. Planning Commission February 14, 2018 Page 6 of 7 Motion by Commissioner Collins, seconded by Commissioner Kocon, to amend the conditions of approval of a previously granted Variance for Case No. 2016-49, to allow for eight single family residential lots to be located at 1902 William Street North. Motion passed 4-1, with Commissioner Siess voting nay. Case No. 2018-06: Conditional Use Permit for a Type C Short Term Home Rental to be located at 2009 Lake Street North, in the RB District. Dave and Jodi Evans, property owner. City Planner Wittman stated that David Evans owns the single family house at 2009 Lake Street North, which is located on the Marina property at the end of Lake Street. The home has been used for a while as a Short Term Home Rental. Mr. Evans has submitted applications for both the necessary Conditional Use Permit to operate a Type C Short Term Home Rental (STHR) and a STHR License. The property will be managed by Jodi Evans, the property owner’s sister. A written objection citing the potential for neighborhood disruption and parking problems was received from Kristel Buck- Ulrick. The ordinance allows for three substantiated complaints and the license would be revoked for six months. Staff finds the regulations in Ordinance 1093 to be satisfied and therefore recommends approval with 13 conditions. Applicant Dave Evans offered to answer questions. Commissioner Kocon inquired about parking in the right-of-way and whether the applicant feels he can live with the parking requirements. Ms. Wittman explained where the right-of-way is located. Chairman Collins opened the public hearing. Julene Swenson, 103 Lakeside Drive, representing the Lakeview Harbor Association, expressed concern about noise, and asked how residents may file complaints. City Planner Wittman referred her to the police non-emergency line for any noise complaints. She added that other complaints such as parking should be called in to the Community Development Department. Chairman Collins closed the public hearing. Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to approve Case No. 2018-06, Conditional Use Permit for a Type C Short Term Home Rental to be located at 2009 Lake Street North, with the 13 conditions recommended by staff. Motion passed 5-0, all in favor. ITEMS OF DISCUSSION Summer Planning Commission Meeting Schedule City Planner Wittman noted that in 2017 the total number of cases hit a ten-year high of 70, resulting in longer than desirable meetings. She asked if the Commission is interested in scheduling a second monthly meeting during peak development season. Commissioner Kocon said he would prefer one meeting per month. Chairman Collins remarked that achieving a quorum for a second meeting could be difficult. Ms. Wittman noted that the Commission should try to ensure condensed conversation to keep the meetings moving. No action was taken. Planning Commission February 14, 2018 Page 7 of 7 Small Wireless Facilities Zoning Text Amendment City Planner Wittman provided an introduction to small wireless facilities. Moving from 4G to 5G networks will allow greater data capacity. It works in a localized grid pattern. The Commission discussed permitting, cost, siting and design. Staff anticipates having an ordinance drafted for the March meeting. A public hearing will be held when a draft is finalized for potential adoption. STAFF UPDATES Bruggeman Builders home on Linden Street West Ms. Wittman informed the Commission that the rear yard setback variance denial was appealed and will go to the Council in two weeks. Retail Sales in BPI Ms. Wittman stated that the Council capped the total retail at 20% of any industrial site. Joint Meeting Commissioner Siess expressed disappointment that there were only three Commissioners present for the joint meeting with the Council at the end of January. Commissioner Kocon said he had misunderstood that meeting was cancelled. ADJOURNMENT Motion by Commissioner Fletcher, seconded by Commissioner Siess, to adjourn the meeting at 10:05 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary