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HomeMy WebLinkAbout2019-02-27 CPC MINS PLANNING COMMISSION MEETING MINUTES February 27, 2019 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order at 7:09 p.m. Present: Chairman Lauer, Commissioners Dybvig, Kocon, and Siess; Councilmember Collins Absent: Commissioners Hade and Hansen Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of minutes of January 23, 2019 regular meeting Motion by Commissioner Kocon, seconded by Councilmember Collins, to approve the minutes of the January 23, 2019 meeting. Motion passed 3-0-2 with Commissioners Dybvig and Siess abstaining. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2019-01: Consideration of a Conditional Use Permit (CUP) to operate a Type C Short Term Home Rental on the property located at 214 Main Street South in the CBD district. Michael Lynskey, property owner and Judd Sather, applicant. --Tabled per applicants’ request Case No. 2019-02: Consideration of a Special Use Permit (SUP) to operate a Seasonal Outdoor Sales business on the property located at 402 Main Street North in the CBD district. Monty Brine, property owner and James Linden, applicant. City Planner Wittman stated that in 2017 the City granted a Special Use Permit for James Linden, Stillwater Segway Tours, to operate a Seasonal Recreational Business with outside retail sales at 204 Main Street North. Mr. Linden would like to relocate his business to 402 Main Street North, offering guided tours three times daily from April 1-October 30, 2019. The tours would accommodate up to six guests, for a total of seven segways during each tour. Stillwater Segway Tours is proposed to operate out of a 7x8’, wood frame structure, approved by the Stillwater HPC last year. It will be located on the north side of Staples Sawmill building, approximately 11.5’ from the Main Street sidewalk. The applicant is proposing the use of signage approved in 2018. Two tour routes are proposed. The applicant has indicated that they may offer for sale Stillwater themed and related retail items. A concern was received from Cam and Renee Murray, 350 Main Street North Unit 346, about overall segway and pedestrian safety, especially in congested areas with limited visibility. On the basis that this Seasonal Recreational Business has proven to operate in a manner that has not been a nuisance, staff recommends approval with 17 conditions. Commissioner Kocon asked if staff is aware of any issues from last year’s operation. Ms. Wittman replied planning staff is unaware of any issues during 2018 but issues may not have been identified as related to segway users. Commissioner Siess asked if the user training area is adequate. Planning Commission February 27, 2019 Page 2 of 5 Ms. Wittman stated the user training area is located behind where the structure would be. In addition, the large concrete area in front of the building could be used for training. Kevin Linden, applicant’s representative, referring to Condition #4, stated that the segways will be stored inside the structure overnight. He is not aware of any incidents on the trails last year. Commissioner Siess asked why the business is moving. Mr. Linden replied that the property used last year is for sale and the owner couldn’t guarantee that the business could remain there for the whole season. Commissioner Siess asked why the business will be located on the west side of Hwy 95. Mr. Linden said several locations were considered but it’s difficult to find space to rent for a season rather than a full year. Commissioner Siess asked where training will be done. Mr. Linden confirmed training will take place behind the structure on the Staples Mill property. Two users will be trained at a time. Commissioner Dybvig said he would want to see adherence to the advertised tour times. Mr. Linden replied he did not know of any plans to change tour times from last year. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Commissioner Kocon pointed out there were no known issues with the business last year. Commissioner Siess said she voted to deny the request last year because of the location and safety concerns about having new users on the segways and Hwy 95 being very busy. She feels the public welfare is in danger, not from the use of segways or the trails or times but because of where the structures are located. That is why she will vote to deny the request. Chairman Lauer asked if the prior location will retain the SUP. Ms. Wittman replied yes, use permits run with the land unless the property owner takes action to revoke it. Motion by Commissioner Kocon, seconded by Councilmember Collins, to approve Case No. 2019-02, a Special Use Permit to operate a Seasonal Outdoor Sales business on the property located at 402 Main Street North, with the 17 conditions recommended by staff, modifying Condition #4 to state: Segways shall be stored indoors during non operating hours. Motion passed 4-1 with Commissioner Siess voting nay. Case No. 2019-03: Consideration of a Zoning Text Amendment (ZAT) to amend the City Zoning Code by modifying City Code Section 31-308(b)(1) to allow the minimum lot width for a two-family property in the RB Zoning District to be 65 feet rather than 75 feet. Fenway Land Company, property owner. City Planner Wittman explained the request. Fenway Land Company, property owner of 8313 and 8393 Marylane Avenue North, has applied for a Zoning Text Amendment (ZAT) which would allow two-family homes to be constructed on lots 65’ in width (the existing requirement is 75’). Promoting density increases in already developed areas allows the City to reduce infrastructure maintenance and replacement costs and provide for living opportunities in neighborhoods that are walkable or are close to public services. This is an area that has accommodated higher density without sacrificing community character or the general community welfare. As the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive Planning Commission February 27, 2019 Page 3 of 5 plan, staff recommends that the Commission forward to the City Council a recommendation of approval. Commissioner Siess asked if this could pertain to an area of a home that is never rented out, for instance a game room? Ms. Wittman replied there could be a secondary dwelling on the property, or an area that is used, for instance, as a grandparent’s apartment. Commissioner Siess commented that although the ZAT could help with multi family density and affordable housing, it also could allow a developer to get more out of the land than if it were 75 feet. Commissioner Kocon pointed out the preliminary plat was approved last month. Chairman Lauer opened the public hearing. There were no public comments. Chairman Lauer closed the public hearing. Chairman Lauer remarked this cleans up the zoning and provides the ability to be in conformance across the RB zone. Commissioner Siess stated that zoning text amendments are not and should not be for private gain. This is a case of a developer getting more land and more bang for their buck. She feels it is not a public necessity. Increasing density is important but that doesn’t feel like the goal in this case. Commissioner Dybvig agreed that this case is not about affordable housing but this is a way to achieve greater density and more affordability. Motion by Commissioner Kocon, seconded by Commissioner Dybvig, to recommend that the City Council approve Case No. 2019-03, a Zoning Text Amendment to amend the City Zoning Code by modifying City Code Section 31-308(b)(1) to allow the minimum lot width for a two-family property in the RB Zoning District to be 65 feet rather than 75 feet. Motion passed 4-1 with Commissioner Siess voting nay. Commissioner Siess asked that Ms. Wittman please have the record note that her opposition is due to the fact that she does not feel it is a public necessity at this time. Case No. 2019-05: Consideration of an amendment to the Short Term Home Rental Ordinance. The purpose of the amendment is to clarify existing language and to make minor procedural changes. City of Stillwater, applicant.—Tabled until the March meeting Case No. 2019-06: Consideration of a Conditional Use Permit (CUP) for a large building project in Downtown Stillwater, located at 107 Chestnut Street East. Property located in the CBD district. CVII Holdings, LLC, property owner. City Planner Wittman stated that Matt Wolf and CVII Holdings, owners of the historic Armory property on Chestnut and Third Streets, are proposing to remodel and convert the property to high- end market rate apartments, a locally based craft distillery or brewery, and office space. The Planning Commission held a public hearing on this project and 1) approved the necessary SUP for the apartments; 2) approved the SUP for the craft distillery/micro-brewery; and 3) recommended approval of the site review CUP. The Downtown Parking Commission reviewed the case and recommended approval of the parking plan for the required on-site residential parking, which included eight compact spaces in the garage and seven full-sized spaces outside. However, the City Council denied the site review CUP because the indoor parking spaces were all for compact vehicles. Subsequently, the property owners changed the interior parking spaces by changing the amount of space in the garage dedicated to the craft distillery, and re-applied for the site review CUP. The interior parking spaces will now be 8’ 7” wide by 17’ 7” deep. All measurements are Planning Commission February 27, 2019 Page 4 of 5 allowed to be rounded, so these stalls would satisfy the 9’ x 18’ dimensions for a standard parking space. Staff finds that the site review meets the applicable City Code review standards and recommends approval with seven conditions. Commissioner Siess asked if a standard size vehicle can get into the parking spaces as designed. Matthew Wolf, 4520 Bailey Lake Drive, Woodbury, applicant, replied yes, even a F150 pickup truck would fit. A vehicle can get in and out of each of the 8 spots without damaging other cars. They have done everything they can to make this work with the existing historically designated structure. Commissioner Siess asked if the applicants have tried to work anything out with the City as far as parking. Mr. Wolf replied they have been working on various parking solutions with the City since September 2016. They are at the point where they can’t wait around for another 2.5 years to see what happens. They are committed to trying to bring this historic building back to life. Commissioner Siess asked if the applicants considered constructing 9’ x 18’ parking stalls. Mr. Wolf replied yes, but it would cut further into the drive aisle and the lease space. They could probably cut into the lease space on the front. They lost a primary tenant for the space, the distillery, because they couldn’t fit their stills in there with the new revised plan. Councilmember Collins asked if a vehicle pulls into the far parking spot, will it be able to get out? Mr. Wolf replied yes, they will be able to back straight out. Chairman Lauer opened the public hearing. Craig Anderson, St. Paul resident speaking on behalf of neighbors Joleen Bourdaghs and Carol Eggers, owners of Shorty Cleaners, stated they have been in relatively constant contact with Mr. Wolf and his development group. The Shorty Cleaner property has been listed actively for sale for two years. There is a shared commitment to create a better parking solution for the City. They endorse the work of CVII Holdings as they have tried to figure out a solution to parking needs. Chairman Lauer closed the public hearing. Commissioner Kocon noted his parking stall at home is a little under 18’ and he is comfortable that a reasonably intelligent driver would not have trouble. He applauded the developers’ efforts to make a historic property work. Commissioner Siess said she finds the development to be substandard on parking stalls. Rounding up is a little too much. She fears the stalls would be too tight. Commissioner Kocon pointed out that the indoor and outdoor spaces are not for the public but for residents of the building, who would become familiar with the size of the stalls. Motion by Chairman Lauer, seconded by Commissioner Kocon, to recommend that the City Council approve Case No. 2019-06, a Conditional Use Permit for a large building project located at 107 Chestnut Street East, with the seven conditions recommended by staff. Motion passed 4-1 with Commissioner Siess voting nay. FYI STAFF UPDATES City Planner Wittman informed the Commission that the new Zoning Administrator, Graham Tait, started today. She updated the Commission that the Council denied the application for an Planning Commission February 27, 2019 Page 5 of 5 amendment to the concept PUD at Liberty. She also stated there was an appeal to the variance for the open carport stall requested in the Legends development and the Council upheld the Planning Commission’s decision. The applicant has reapplied for a full additional garage stall which will come back before the Commission. Chairman Lauer asked about the Council discussion on the Liberty PUD. Councilmember Collins replied the Council felt flat roofs didn’t fit the concept of existing development and the applicant really should go along with a gable style roof. ADJOURNMENT Motion by Commissioner Kocon, seconded by Councilmember Collins, to adjourn the meeting at 8:05 p.m. All in favor, 5-0. Respectfully Submitted, Julie Kink Recording Secretary