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HomeMy WebLinkAbout2018-04-11 CPC MIN PLANNING COMMISSION MEETING MINUTES April 11, 2018 REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:00 p.m. Present: Chairman Collins, Commissioners Hade, Hansen, Lauer and Siess; Councilmember Menikheim Absent: Commissioners Fletcher and Kocon Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of March 14, 2018 regular meeting Motion by Commissioner Hansen, seconded by Commissioner Hade, to approve the minutes of the March 14, 2018 regular meeting. Motion passed 5-0. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-10: Consideration of a Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 321 4th Street North in the RB District. Michelle Stober, property owner City Planner Wittman stated that Michelle Stober has applied to operate a Type C Short Term Home Rental (STHR). Staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans, other lawful regulations, and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends approval of a Conditional Use Permit for a Type C Short Term Home Rental to be located at 321 4th Street North with 13 conditions. She reviewed the nuisance reporting procedures for emergency and non-emergency situations. Commissioner Hansen suggested that the guest disclosure include the prohibition on street parking. Michelle Stober, applicant, 2171 Oak Glen Trail, said she plans to add a parking space to the left of the garage and pave the driveway. She will screen clients closely. Planning Commission April 11, 2018 Page 2 of 8 Chairman Collins opened the public hearing. David Levy, 306 4th Street North, spoke in opposition to the short term home rental. He would prefer a one year lease. Jane Paskvan, 314 4th Street North, stated it is well known that people come to Stillwater to party. She understands that guests are already staying in the home. She is against the permit due to the likelihood of neighborhood disruption. Jack Junker, 408 3rd Street North #211, said the proposal has merit and would benefit the City. Timothy Paskvan, 314 4th Street North, asked how to control the noise volume. He noted the frequent library events already disrupt the peace and quiet of the neighborhood. Neighbors need a more immediate remedy than calling the Police Department. Jane Dickinson, 122 West Linden Street, asked if the occupants must maintain the 10 p.m. noise regulation. Ms. Wittman replied yes. Cecilia Loome, Old Swedish Church, 320 North 4th Street, said she is not opposed to vacation rentals because there are safeguards in place. However she found that the home is already being rented which made her uneasy. She would have preferred the applicant had spoken to the neighbors. Georges Ghanem, 324 4th Street North, commented that people come to Stillwater to party. The neighborhood is residential and should not be further commercialized with a STHR permit. Ms. Stober said she has allowed family members to stay at the house. She drives past the house once or twice a day. She does not want to be blamed for noise and traffic from the nursing home and Trinity Church. Chairman Collins asked if the home is advertised for rent. Ms. Stober said yes, but she has not rented it to anyone. Mr. Paskvan said the neighborhood likes its peace and quiet. He asked Ms. Stober if she is going to be responsible for volume control. Ms. Wittman said if the permit is approved, all neighbors will be provided with the property manager’s phone number. Complainants still need to call the City Hall non-emergency number so the complaints can be substantiated, as the property manager is not required to report the calls. If there are three substantiated violations, they run the risk of losing their permit for six months. They may reapply but there is no guarantee that a permit would still be available to them. Noise in this neighborhood after 10 p.m. is deemed unacceptable. Mr. Junker remarked there are many ambulances and police cars in the area because of the nursing home and the police station. He doesn’t know of a dwelling that doesn’t have a noise factor. He encouraged the Commission to approve the request. Mr. Levy said it is ridiculous that the Commission is putting the onus on the residents to regulate a rental dwelling in the neighborhood. He reiterated that it should be a yearly rental so the occupants become part of the community. Daily or weekly rentals should be unacceptable. Planning Commission April 11, 2018 Page 3 of 8 Nicholas McMahon, 6201 St. Croix Trail #222, noted that when the bridge was being built, there was nonstop noise. He feels noise from this property can be kept within reason. He agreed that a one-year lease makes more sense so it doesn’t become a party house. Chairman Collins closed the public hearing. Commissioner Hade remarked that the neighbors’ comments should have been addressed to the Council when the STHR ordinance was being passed. He sees no reason to deny the permit since it meets the standards in the ordinance. Commissioner Lauer said the Commission must trust that the applicant will comply with the provisions of the ordinance until proven otherwise. Commissioner Siess requested clarification on the various types of short term home rental permits available. She noted that the application meets all conditions of the ordinance. She noted that investigation of violations is a complaint-driven process, so citizens need to talk to their City Council members. Commissioner Hansen said the business must cooperate with the neighborhood. The applicant has met all the conditions for approval. Ms. Wittman noted that any decision by the Planning Commission is appealable to the City Council. Motion by Commissioner Hansen, seconded by Commissioner Hade, to approve Case No. 2018-10, Conditional Use Permit to operate a Type C Short Term Home Rental to be located at 321 4th Street North, with the 13 conditions recommended by staff, amending Condition #9 to state that the disclosure shall be modified to not only limit parking to the garage and driveway but also to indicate that no guest parking is permitted on the street. Motion passed 5-0. Case No. 2018-12: Consideration of a Variance to the maximum fence height of a corner lot for the property located at 404 Owens Street North located in the RB district. Stephen Martin, property owner City Planner Wittman stated that Stephen Martin is requesting a 30” variance to the 42” maximum fence height in his exterior side yard to allow the construction of a 72” privacy fence. The fence is to be installed around an existing retaining wall and concrete patio, both of which were constructed prior to the current owner purchasing the property. The purpose of the fence is to provide privacy and prevent his dog from leaving the property. On the basis that the plight of the landowner is not due to circumstances unique to the property, that the variance, if granted, will alter the essential character of the locality, and that the variance is contrary to the intent of providing an open streetscape, staff recommends denial of the variance request. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Hansen said he sees no practical difficulty. Commissioner Lauer agreed that the fence does not fit. Commissioner Hade concurred. Planning Commission April 11, 2018 Page 4 of 8 Commissioner Siess offered Interlachen Way as an example to the applicant of the tunneling effect that can be created by fences. Motion by Chairman Collins, seconded by Commissioner Lauer, to deny Case No. 2018-12, Variance to the maximum fence height of a corner lot for the property located at 404 Owens Street North. Motion passed 5-0. Case No. 2018-13: Consideration of a Conditional Use Permit to operate a two unit Type C Short Term Home Rental to be located at 114 Main Street North in the CBD District. Croixview Partners, LLC, property owner City Planner Wittman stated that Croixview Partners, LLC has applied to operate two Type C Short Term Home Rentals (STHR) at 114 Main Street North. She noted that needed rooftop balcony repairs been incorporated as a condition of approval. Staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends approval of a Conditional Use Permit for two residential units to be operated as Type C Short Term Home Rentals at 114 Main Street North with 13 conditions. Alon Ventura, representing Croixview Partners, applicant, said the property was purchased on March 1 as an investment. Commissioner Siess asked him if the railing issue will be resolved. Mr. Ventura said yes, as soon as the existing tenants vacate, the outstanding issues will be fixed. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Siess, seconded by Commissioner Hade, to approve Case No. 2018-13, Conditional Use Permit to operate a two unit Type C Short Term Home Rental to be located at 114 Main Street North, with the 13 conditions recommended by staff, amending Condition #9 to state: A parking mitigation plan must be approved by the Downtown Parking Commission to satisfy the off-street parking requirements. If the plan includes a fee-in-lieu, the fee shall be paid upon receipt of City invoice. Failure to pay charges within 30 days will be result in the charges being certified for collection with the real estate taxes in October of each year. The applicant waives any and all procedural and substantive objections to the purchase requirement, including, but not limited to, a claim that the City lacked authority to impose and collect the fees as a condition of approval of this permit. The applicant agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this permit including this provision. Any conditions attached to the parking mitigation plan approved by the Downtown Parking Commission are incorporated by reference into this Conditional Use Permit. Motion passed 5-0. Case No. 2018-15: Consideration of a Conditional Use Permit Amendment for the property located at 123 2nd Street North located in the CBD district. Judd Sather, property owner City Planner Wittman explained that Judd Sather is requesting an amendment to the existing Conditional Use Permit for the property located at 123 2nd Street North. The proposed amendment includes: Planning Commission April 11, 2018 Page 5 of 8 Additional event center space (previously identified as the future brewery area) on the lower level. This event space will have a commercial catering kitchen and may be used similarly to a restaurant in that if it is not rented for private events, the owner may choose to open the space to the public for bingo, comedy, or for small musical performances. This event space would lead to an outdoor area, accessed through the alleyway. The outdoor area would be used exclusively in conjunction with the new venue space or other rentable areas of the facility. A conference room on the main level. The conference room would be used not only by all tenants but could be utilized by third parties. This type of space is anticipated to be used mostly as a break-out space for conference attendants. Two Commercial Recreational Business rooms on the main level. These would be used as challenge/puzzle rooms (sometimes referred to as escape rooms). While these would be able to be rented by the hour by small groups, it is anticipated they would also be used by groups and individuals who are renting space elsewhere in the building. Ms. Wittman stated that staff finds that with certain conditions, the proposed use conforms to the requirements and the intent of the Zoning Code, the comprehensive plan, relevant area plans and other lawful regulations and will not be a nuisance or detriment to the public welfare of the community. Therefore, staff recommends approval of an amended Conditional Use Permit for the inclusion of a main level conference room and two Commercial Recreational Businesses and lower level event space to be added to the multi-tenant, multi-use building located at 123 2nd Street North with eight conditions. Judd Sather, applicant, explained that he would like to actively market the 10,000 square foot area on the lower level of the building. He will work with the Downtown Parking Commission to mitigate the increased parking needs. He would like to provide catering and other food options for clients. The puzzle rooms are similar to the office use that was previously approved. He hosts about 200 events a year between his two buildings. He would like to clean up the trash area and is discussing this with staff. Chairman Collins asked if the corporate retreats would be Monday through Friday, and would all these uses be in operation simultaneously? Mr. Sather said that is possible. He would like it to become a mini-conference center. The entire building cannot have occupancy great than 720. Commissioner Siess asked what happened with the concept of having office space in the middle? Mr. Sather replied that the salon, studio and other room use about two-thirds of the footprint and he has tried unsuccessfully to rent out the remainder. He wants it to become his studio, the two puzzle rooms and conference room. He has enough office space on the third level. The back level will probably become his photography studio. Commissioner Siess remarked that business owners downtown say Stillwater has a lot of restaurants and events. She interprets the Comprehensive Plan to be a lot about jobs. She feels this is a great space for jobs. Mr. Sather said he started with four employees and now has 67 people on the payroll. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Planning Commission April 11, 2018 Page 6 of 8 Chairman Collins said he has no issues as long as the Downtown Parking Commission is willing to work with Mr. Sather to mitigate parking issues. Commissioner Lauer said jobs are a good thing, and by expanding to more daytime uses it will be good for jobs. Commissioner Siess said she reads the Comprehensive Plan differently. There is a need for full time jobs that have benefits. She doesn’t think that the City protects this enough. She asked if the City helped Mr. Sather market the space to find a good vendor. She feels there should be more of a partnership in how to fill these spaces. The proposed use is a bandaid and she doesn’t think it is the best use. Commissioner Hansen remarked that part of the problem is that these large buildings aren’t set up for the types of uses that are in demand now. The City should not punish people for having a large building in downtown Stillwater. It makes sense to market them as office space but if that doesn’t work, the City still wants them filled. The proposed use is a good compromise and he supports it. Commissioner Siess said she is not supportive of it, mainly because she thinks the City can do better. The City should have helped Mr. Sather rent the space. Mr. Sather said he had the space listed as co-working space which is popular now, but didn’t have enough potential renters to make it work. A co-working space employs only one person. As far as job creation, he is not going to employ people full time with benefits in a working space like that unless he totally expands his business which would be a year or two out. He listed it as a commercial space with a real estate agent but had zero showings over five months. Motion by Commissioner Hansen, seconded by Commissioner Lauer, to approve Case No. 2018-15, Conditional Use Permit Amendment for the property located at 123 2nd Street North, with the eight conditions recommended by staff. Motion passed 4-1 with Commissioner Siess voting nay. Case No. 2018-14: Consideration of a Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31-209: Design Permit, 31-400: Floodplain Overlay District, and Section 31-512: Regulation of Radio and Television Towers. City of Stillwater, applicant Ms. Wittman reviewed the proposed Zoning Text Amendment (ZAT) and informed the Commission that its main purposes are: 1. To provide for fair, reasonable, and non-discriminatory access to City- owned infrastructure in the public right-of-way (ROW) while designating a streamlined permitting process. 2. To establish design requirements for the installation of new wireless support structures to ensure visual compatibility with their surroundings. 3. To ensure compatible uses when small wireless facilities are proposed for locations outside of ROWs. She stated that Excel Energy expressed concerns about the proposed requirements for concealment. Staff will work with Excel between now and the City Council meeting to resolve this. Staff recommends the Commission forward a favorable recommendation of approval to the City Council. Chairman Collins opened the public hearing. There were no public comments. The public hearing was closed. Planning Commission April 11, 2018 Page 7 of 8 Commissioner Siess asked if the least preferable locations could still be used. Ms. Wittman stated the code establishes the most preferable locations. In some of the least preferable locations, the facilities may actually be prohibited in a different part of the zoning code, for instance wetlands. City Planner Wittman addressed the question of whether design permits should be required for the facilities. Staff would like design permits to be required in the conservation district, the downtown historic district, or close to a national register listed site. In other areas, staff believes the facilities could be approved administratively. She would like to know if the Planning Commission agrees. Chairman Collins said he agrees with staff’s recommendation. Motion by Chairman Collins, seconded by Commissioner Hansen, to recommend that the City Council approve Case No. 2018-14, Zoning Text Amendment (ZAT) to regulate wireless facilities in City Code Section 31-101: Definitions, 31-209: Design Permit, 31-400: Floodplain Overlay District, and Section 31-512: Regulation of Radio and Television Towers. Motion passed 5-0. ITEMS OF DISCUSSION 2018 Commission Appointments and Chair Elections Ms. Wittman stated that the City Attorney advised that there are currently no vacancies because the terms technically have not ended. Therefore the City is not obligated to interview potential applicants at this time. He also advised that the Chairman and the Council liaison are not obligated to interview those who are asking for reappointment. Chairman Collins and Councilmember Menikheim chose not to interview any of the existing members, however Chairman Collins was interviewed by two members of the Council. Chair nominations can be handled at the next meeting. Chairman Collins said he spoke with Councilmember Menikheim about the reappointment of Commissioners Lauer and Kocon and they were supportive of both reappointments. Commissioner Siess said noted that other Commissions have relationships with the Council. Facilitating those relationships is the duty of the Chair and the Vice Chair. She feels the Planning Commission lacks leadership to initiate needed discussion with the Council about issues, for instance, three cases which were recommended for approval by the Planning Commission and denied by the Council. She feels the Planning Commission decisions should not get overturned especially on big cases. She would like more joint meetings with the Council. She feels the Commission should be encouraging economic development and affordable housing; it lacks leadership, training, and establishment of expectations. She is not going to run next year, this will be her last year on the Commission and she asked that be included in the record. Chairman Collins stated that the Commissioners are doing more than reading a packet and attending meetings. They are doing their due diligence as the public deserves. Councilmember Menikheim said he doesn’t disagree with Commissioner Siess. He feels the reason the Council and Planning Commission have not met jointly is that the Council doesn’t have any complaints about the Commissions. He believes the relationships between the Commissions and the Council could be improved, and to go in that direction there has to be an indication of what the problem is. He floated these ideas with the Council and there was no interest to go beyond that. If Planning Commission April 11, 2018 Page 8 of 8 Commissioner Siess feels that strongly about this, she should generate more than one person to request that the Council do something. Chairman Collins said he is willing to request a joint meeting if there are issues and an agenda. He does not want to call a meeting with the Council if there is no agenda. Commissioner Siess suggested discussing the three cases that got overturned. Commissioner Hansen recalled a concern from a year ago when the Commission was electing the Chair was they didn’t know who was interested. He asked who would be interested in being Chair or Vice Chair. Chairman Collins replied he would be interested in continuing, should that be the direction the Commission wants to go. Commissioner Hansen said he has no desire to be Chair for this next year. Commissioner Hade said he has no interest in being Chair. Commissioner Siess said the rules were changed from seniority to perfect attendance. She has seniority if the Chair and Vice Chair stood down, but it is not wise to have a Chair who is going to leave the Commission. She would be open to being Vice Chair. She wants a Chair who is going to make some changes and have some leadership. Commissioner Lauer said he would support Collins in maintaining chairmanship and he would be happy to remain as Vice Chair. He clarified that there was not a rule about who gets to be chairperson. There was a tradition but not a rule. There was an election and an outcome. STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Siess, seconded by Commissioner Hansen, to adjourn the meeting at 9:13 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary