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HomeMy WebLinkAbout2009-01-21 Joint Board MINStillwater City and Town Joint Board January 21, 2009 Present: David Johnson and Sheila-Marie Untiedt, Stillwater Township Ken Harycki and Jim Roush, City of Stillwater Others: Stillwater Community Development Director Bill Turnblad Sherri Buss, TKDA, Stillwater Township Planner Chair Johnson called the meeting to order at 7:05 p.m. Approval of Agenda Mr. Harycki moved to approve the agenda with the addition of the annual election of a chair and vice chair to the agenda. Mr. Roush seconded the motion, which was approved on a vote of 4- 0. Election of Chair and Vice Chair Mr. Harycki moved to elect Mr. Johnson as chair and Mr. Roush as vice chair. Ms. Untiedt seconded the motion, which was approved on a vote of 4-0. Public Hearings Ceremony Facilities A request by Sherri and Peter Cannon, Trellis Weddings and Events, to 1) amend the Town’s Zoning Ordinance to allow Ceremony Facilities with a Conditional Use Permit (CUP) in the TZ Transition Zoning District; and 2) approve a Ceremony Facilities CUP for Trellis Weddings and Events, which is located at 12525 80th Street. Ms. Buss summarized the proposal. She noted that the Joint Board’s role is to review and comment on the proposal. Mr. Johnson opened the public hearing. Kevin Shuberg, attorney representing the Cannons, presented statements in favor of his clients’ request. He also mentioned that business is consistent with the neighborhood: there will be no receptions, only ceremonies; a ceremony would last between 1.5 and 3 hours only; the location of the property mitigates impact upon residential neighbors for several reasons including that the Stillwater public works facility and ball field are located to the east of t he site, to the south of the site is a large wetland area, the gazebo in which the ceremonies take place is located in a low spot on the property which acts as a sound buffer, as do the trees around the gazebo area. Mr. Shuberg also mentioned that with a CUP there is local government oversight of the business. Nola Halverson, 1144 Macey Way, asked what will happen when someone else buys the property. Does the CUP stay with the property? If it does, and the next owner of the business does not conduct a quiet business, that would be of concern to her. Stillwater City and Town Joint Board January 21, 2009 Page 2 of 3 2 Mr. Buss responded that CUPs run with the land. If the next owner wants to continue the business, that would be allowed as long as it is operated in accordance with the CUP conditions and the ordinance. Bob Saaranen, 1144 Macey Way, stated that the issue to him was noise. It is very hard to control the public. Ronda Rivard, 1121 80th Street, mentioned that she is the immediate neighbor to the west of the Cannons and that noise from the neighbors’ business is not a concern to her. Joe Rivard, 1121 80th Street, also said that the use generates no noise that he hears. Mr. Roush said that landscaping can be required for screening and noise mitigation to help the situation if necessary. Also, the proposed ordinance amendment would not allow alcohol or food to be served, which should help maintain quiet in the neighborhood. Mr. Johnson initiated a discussion about amplification. The ordinance would allow amplification of the ceremony. But, the Cannons mentioned that wedding ceremonies would not include wedding receptions. Consequently, there would be no live or amplified music. Wayne and Kelly Peterson supported the proposal with a number of reasons including that the ceremony area is well landscaped, the ball field next door creates more noise than Trellis Ceremonies, but even the ball field noise does not disturb the neighborhood. Michelle Eason of Bayport said that the business would enhance the Stillwater community. Pete Cannon, 12525 80th Street responded to concerns about parking on the public street by saying that he supervises parking for each event, and he allows no parking on the street. All event parking is in the parking lot on their property. In response to a question from Ms. Untiedt, Mr. Shuberg mentioned that the kinds of ceremonies that could occur with the business include wedding ceremonies, and events such as Eagle Scout ceremonies. Mr. Roush suggested that the word “parties” should be struck from the proposed ordinance. Allowing parties with a Ceremony Facility CUP might be opening the door to noisy commercial activities that are not compatible with the neighborhood. Ms. Cannon asked if she can continue to have parties for her friends. Mr. Johnson replied that the CUP only relates to commercial events associated with her business. Parties that are normal for home owners are not prohibited by the ordinance. Mr. Johnson closed the public hearing. Mr. Harycki noted that a church or school could be allowed by CUP in a residential neighborhood, and those uses routinely have outdoor ceremonies and events. He did worry however, that the proposed ordinance has no limit on hours of operation for a Ceremony Facility. That could create incompatibilities and neighborhood complaints. Stillwater City and Town Joint Board January 21, 2009 Page 3 of 3 3 Mr. Shuberg and Ms. Cannon said the business may have occasional dusk ceremonies, but in general they would all be during daylight hours. Mr. Roush moved to recommend that the Town Board approve the proposed ordinance amendment and CUP with a few additional conditions, including that parties not be included as permissible in the ordinance, and that hours of operation be limited to 30 minut es after dusk. The motion was seconded by Ms. Untiedt and approved on a 4-0 vote. Wind Turbine Ordinance Ms. Buss introduced the ordinance amendment proposal. The Township is considering passing an ordinance that is stricter than Washington County’s ordinance. Mr. Johnson opened the public hearing. There being no public comments, he closed the public hearing. Mr. Rousch said that the 100 foot permitted height was of concern to him. Mr. Johnson responded by saying that the County ordinance already allows 100 foot wind generators. To which Mr. Turnblad stated that the height limit for towers in the City is 75 feet. Mr. Johnson said that the proposed ordinance could be changed to limit wind generator heights to 75 feet in the TZ, Transitional Zoning District. This would include the entire Township south of State Highway 96. Mr. Harcyki moved to recommend approval of the proposed wind turbine ordinance with the condition that the height be limited to 75 feet south of State Highway 96 to be consistent with City ordinances. Ms. Untiedt seconded the motion, which passed on a vote of 4-0. Other items Mr. Turnblad gave the Joint Board a brief update on the status of the City’s comprehensive plan project. Adjournment Mr. Harycki moved for adjournment. Ms. Untiedt seconded the motion, which passed unanimously. Meeting adjourned at 8:22 PM. Respectfully submitted, Bill Turnblad Acting Recording Secretary