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HomeMy WebLinkAbout2018-10-10 CPC MIN PLANNING COMMISSION MEETING MINUTES October 10, 2018 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; Councilmember Menikheim Absent: Commissioner Hade Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of September 12, 2018 regular meeting Motion by Commissioner Fletcher, seconded by Commissioner Kocon, to approve the minutes of the September 12, 2018 meeting. Motion passed 4-0-2 with Commissioners Siess and Hansen abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2018-54: Consideration of a Zoning Text Amendment and Conditional Use Permit for the property located at 807 4th Street North. Brian and Sonja Larson, property owners, representing MAERA Y , LLC. City Planner Wittman stated that the property owners are requesting a Zoning Text Amendment (ZAT) to City Code Section 31-216, Nonconforming Uses or Structures, and 31-315, Allowable Uses in Residential Districts, and a Conditional Use Permit (CUP) to allow for their property at 807 4th Street North to be used as fitness and rehabilitation wellness studio. She stated that City Attorney Land has determined that if one nonconforming use is changing to a more restrictive non- conforming use, then approval could be administrative, and she has provided amendment language to that effect. As the property owners are proposing the ZAT to allow for use changes by CUP, they have also applied for a CUP. However, if the Commission agrees with City Attorney Land’s recommendation, the CUP would not be required. Staff recommends that the Commission make a recommendation of approval to the City Council for a Zoning Text Amendment to City Code Section 31-216 based on the recommendation of City Attorney Land. Staff also recommends that the Planning Commission determine that no CUP is required for the property, tabling the CUP consideration until such time as the City Council has acted on the ZAT. Planning Commission October 10, 2018 Page 2 of 5 Commissioner Siess asked, if a non-conforming use changes to a more restrictive use, could it then revert back to the former less restrictive use? City Wittman responded that as proposed, a property could not return to a less restrictive use. She added that the ability to approve the lower intensity uses administratively would be more cost effective for staff. Brian Larson, property owner, said he is seeking a way to convert the use of the property, since the current zoning code has no allowance to change the non-conforming use. The building has been an office for the past 25-30 years. He likes the idea of an administrative approach, but objects to the “less intense, more restrictive” clause and would like to strike the language prohibiting the property from returning to its previous, more intensive use. Commissioner Siess suggested that one option is to say in order for the property to return to a less restrictive use, it would have to have a CUP. City Planner Wittman referred to MN Statutes that prohibit the granting of use variances. She said the goal is that non-conforming uses slowly go away. The Commission may ask the Council to consider the City Attorney’s recommendation without the “however” clause. Commissioner Hansen asked who determines whether a use is less or more restrictive? Ms. Wittman replied that staff considers zoning code, factors like hours of operation and number of parking spaces required. Commissioner Fletcher asked to clarify language. Ms. Wittman clarified that more restrictive equals less intense. Commissioner Kocon said he likes the City Attorney’s recommendation up until the last sentence. He feels than a non-conforming use should be allowed to revert to a previous non-conforming use even if it is less restrictive. Commissioner Siess asked about the fees paid by the applicant. Ms. Wittman responded that the City may refund the CUP application portion of the fee. Mr. Larson pointed out that the new 2040 Comprehensive Plan recognizes the benefits of having small commercial uses in residential neighborhoods. Other towns are recognizing this trend as well. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Commissioner Hansen said he would like to keep these small neighborhood commercial uses. He would like to allow for changes in use even to something that is more disruptive to the neighborhood if neighbors can provide input via the CUP process. He pointed out that there aren’t many neighborhood commercial uses in Stillwater; buildings in those areas should be able to be used for a myriad of purposes. If it’s an increase in use (less restrictive), perhaps it would trigger a CUP application. Commission review would not be required often and would not be a burden. Planning Commission October 10, 2018 Page 3 of 5 Commissioner Fletcher agreed. She asked why would the City set a bar that it could only go back to a use that it had previously? She would like the regulations to stay flexible and allow for a more intensive use, because there may be uses that the Commission hasn’t even thought of yet. She added that she struggled with the original assumption that it is desirable to keep reducing intensity of uses. Ms. Wittman said in the future, the Commission may want to rezone these pockets of neighborhood commercial by adding definition to allow flexibility. Commissioner Hansen remarked that neighborhood commercial really should be its own zone with whatever restrictions the Planning Commission sees fit. Motion by Commissioner Siess, seconded by Commissioner Kocon, to recommend that the City Council approve the ZAT using the City Attorney’s recommendation, with the recommendation to change the last part of the sentence to strike the last portion beginning with “however.” Motion passed 6-0. Commissioner Hansen asked that it be noted for the Council that this is based on wanting to create a neighborhood commercial zone as in the 2040 Comprehensive Plan. Case No. 2018-55: Consideration of a Zoning Map Amendment and Re-subdivision of the property located at 7770 Minar Lane North. Stephen Nelson, property owner. City Planner Wittman stated that as part of the Comprehensive Plan update process, the City Council determined additional study is needed for the Minar Neighborhood, a rural residential area that contains nearly 50, 2.5 acre lots; most of the lots contain a single family residence served by private septic systems and wells. On October 9, 2018, the City Council enacted a moratorium on subdivisions in this neighborhood. Prior to the moratorium, Stephen and Kathleen Nelson submitted a request to re-subdivide their property at 7770 Minar Lane North into two lots. They are requesting: a Zoning Map Amendment (ZAM) for the property to be rezoned from AP – Agricultural Preserve to RA – One Family Residential; and a re-subdivision that would create a new lot to the west of the Nelsons’ existing home. Staff finds that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan and recommends that the Planning Commission recommend rezoning the property located at 7770 Minar Lane North to RA – One Family Residential. Commissioner Fletcher asked, if the request is granted and Parcel B is developed with a septic system, could the City require hook-up to City services if they become available in the future? City Planner Wittman responded that it could be required at some point. In the past the City assessed properties at the time of hook-up or sale, allowing the assessments to be deferred until the hook-up to urban services was needed, for instance when the septic system failed. Commissioner Kocon asked, once City services are available, could the parcels be subdivided again? Ms. Wittman replied that depends on zoning and whether they would meet minimum lot sizes. They may not meet the 100 foot minimum lot frontage requirements. The intent of the moratorium is to determine if future development in the Minar neighborhood is feasible. Commissioner Fletcher asked if the purpose of annexation is to bring urban services to certain parcels. Planning Commission October 10, 2018 Page 4 of 5 Ms. Wittman replied the purpose is to bring parcels into urbanized areas for future urban development. Commissioner Fletcher suggested that this application opposes the original purpose of annexation. Ms. Wittman replied quite possibly, yes. However, the Metropolitan Council is comfortable leaving these as 2.5 acre rural residential lots and not subject to City’s 5 units/acre density requirements. Stephen Nelson, applicant, explained that he wasn’t trying to get ahead of the moratorium. He has no intention of selling the lot at this time. He wants to split it in case they want to do something with it in the future rather than having to sell it as one parcel. He pointed out the Metropolitan Council is also comfortable with one-acre lots in this area. He thinks one acre lots make sense for this area. Chairman Collins opened the public hearing. Terry Lobeck, 7789 Minar Lane North, said he has no opinion on the Nelson subdivision but he has concern about the way the issue of the moratorium has been handled with neighborhood residents. He wishes he had been afforded the opportunity to split his lot too because it seems that is the only way it could be preserved. He would rather be able to sell off the lot and prevent paying the assessments which he said City staff estimated would be about $30,000 an acre. Residents had very little time to put together a request prior to the moratorium being enacted. Chairman Collins closed the public hearing. City Planner Wittman stated for the record that an engineering study has not been started and staff is not looking at assessments at this time. The moratorium is designed to provide time to study whether or not there should ever be any lot splits or large subdivisions there. Commissioner Siess questioned whether the citizens can have input on it. Ms. Wittman answered, yes. The moratorium is in effect for one year or whenever an ordinance is developed which solidifies a new regulation for this neighborhood. Commissioner Fletcher remarked that the Commission has defined the two conditions for approving a ZAM - it must be in general conformance, and must meet public necessity. She struggles with whether this ZAM is publicly necessary and furthers general community welfare. Granting it would allow one more septic system which could leak and harm groundwater. Commissioner Kocon stated if a property is more than an acre, they can have well and septic. The public necessity is that people want to live in Stillwater and there will be one more lot for them to build on. He has no issue with this whatsoever. Chairman Collins commented he originally felt he would support the application because they applied prior to the moratorium. However Commissioner Fletcher’s comments got him to pause and consider the addition of a septic system. He still thinks the request is reasonable but appreciates Commissioner Fletcher’s comments. He supports recommending the ZAM to the Council. Planning Commission October 10, 2018 Page 5 of 5 Motion by Commissioner Kocon, seconded by Commissioner Lauer, to recommend that the City Council rezone the property at 7770 Minar Lane North to RA Single Family Residential. Motion passed 4-2 with Commissioners Fletcher and Siess voting nay. FYI STAFF UPDATES Ms. Wittman reminded the Commission that staff will be at Harvest Fest this weekend to inform the public about the release of the Comprehensive Plan. ADJOURNMENT Motion by Commissioner Hansen, seconded by Commissioner Kocon, to adjourn the meeting at 8:21 p.m. All in favor, 6-0. Respectfully Submitted, Julie Kink Recording Secretary