Theater Proposal in Stillwater Depot

7/26/2019 Theater Proposal in Stillwater Depot

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PLANNING

COMMISSION

MEETINGDATE: March 9, 2016

CASE

NO.: 2016-12

APPLICANT:

Franz Hall representing

Only

aDim

Image

Production

REQUEST: Consideration

of

a

Special Use

Permit (

SUP)

and associated variances for the

retrofit

and

expansion of

the structure

tobe used as

a

performing arts

theater (

a commercial

recreational

use) and

associated

bakery

with

outside

concessions and

eating

area tobe known as the Stillwater Zephyr

Theatre

located at

601

Main Street North

ZONING: Commercial Business District COMP PLAN DISTRICT:

Downtown

Mixed Use

PREPAREDBY: Abbi Jo

Wittman,

City

Planner

PROPOSAL


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A15

variance

to the

15

FrontYard

Setback

for structures

located

in

the Central

Business

District;

and

A

20

variance to

the

20

Rear Yard Setback forstructures

located

in the Central

Business

District;

and

A4.7% variance to the 80 maximumimpervious surface

coverage

for

properties

in

the

Central Business District.

SPECIAL

USE PERMIT REGULATIONSAND ANALYSIS

Municipal Code Section

31-207 indicates the

following

must

be

determined

by

the

Planning

Commissionprior to the issuance of a

Special

Use Permit:

The proposed

structure

or

us e conforms

to

the

requirements

and the

intent of

this chapter, and

of the

comprehensive plan,

relevant area plans and other lawful regulations;

Zoning

Ordinance

As indicated, the Zoning

Ordinance

allows

for

all

proposed

uses bySpecial Use Permit.

However, the following

development

standards must be addressed prior to the approval

of the

SUPs:


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reasonable

tocontinue to

allow

its use forprivate parking. ADevelopers

Agreement for the

parking

lot development

will

be required. The

lot

improvements

will

need

to

be

to

the

Citys developmentstandards, including

adding curb,

gutter

and storm

drain.

Not addressed in the application is parking forpotential Tour Buses. As the

applicant

ha s

indicated

travelling performances

and

concerts

mayoccur at this

site,

an area forbus idling is needed. The property

owner

shall secure anoffsite location

for

tour buses

and

RVs.

This location shallbe determined to be acceptable to the

City of Stillwater.

The

property ownerwillhave to enter into agreement

with

the

City

for the appropriate location

of

idling buses and RVs.

Landscaping and Tree

Protection:

Section 31-513

and

Section 31-522 tree removal

and

landscaping

on

this property. While the property owner is

proposing

removing trees

in

this

area

andreplanting, portions

of

this area

are

on

MNDOT

right of

way.

As such,

an

agreement

for the

tree removal

andreplanting

will

be required prior

to

the

release of

the

building permit. Additionally, a comprehensive tree

removal and replanting

planwill be

required for

the MNDOT and City lands

in

this area. The landscaping

plan

and

tree

replacementplan

will

conform

to the aforementioned City Code

Sections.


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Outdoor Uses:

Three outdoor

uses are

proposed for the

site.

While two of the

uses

require

approval ofa

Seasonal

Food Vendor

License

for theoutside sales

of

food onprivate

property,

the

outside

eating

area for

the bakery requires a

Special Use

Permit.

While

the

applicant

is not

proposing

increasing

the

decking area, it is connected to the

coffee/

shop

and

bakery, the area is

likely

to be used

for

outside eating. As

with

all

outdoor uses, the use

must conform

to the noise ordinance provisions. Any outside

entertainment

will

require a subsequent special use

permit, or event permit.

The

seasonal coffee caboose

is proposed to be located

in the

southparking

lots.

This

would

eliminate

two parking spaces, and parking is alreadydeficit for the theater

project. In

addition, traffic

generated

by

the marina, the

theatre,

and the Browns

Creek trail-

head

will create

potential

safety

issues. Compoundedwith

coffee

caboose

vehicle cueing that

would

block

parking stalls,staff does not

recommend

allowing drive through coffee

in

this location. However, the relocation of the coffee

caboose closed

to the walking path and the

train car

snacks area, is

appropriate.

Neither the

train

car snacks

nor

the

coffee caboose

may

be placed

onthe property

line;

adequate

separation between

the trail and the seasonal outdoor

sales shall

be

made

as

to allow for customer

queuing

to

occur

wholly

on

private property.

Outside

Storage: The applicant is not showing any outside

storage areas, including areas

for


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Tourism

Policy 2:Support

year

around activities that enliven the

downtown

public and

cultural life.

Tourism

Policy 3: Promote activities which lengthen the time visitors spend

in

Stillwater.

Comprehensive

Plan

Chapter

7,

Economic

Development,

indicates

a goal ofpromoting

and

maintaining

the downtown as a

central

focus for

community,

economicand cultural activity

as

tourism

ha s

allowed

the

Stillwater downtown

to

avoid

the vacant buildings andphysical

decline seen in other

traditional

downtowns.

Anyadditional conditions necessary for

the

public

interest

have

been

imposed.

The

us e

orstructurewill not constitute

a

nuisance or

be detrimental

to the

public

welfare of the

community.

If

the aforementioned conditions

are made

on the approval

of

the

Special Use

Permit

requests,

the

uses

will

not

constitute

a

nuisance

or be

detrimental

to

the

public

welfare

of

the

community.

VARIANCE REGULATIONSAND

ANALYSIS


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be

required to have a stormdrainage plan approved by the Middle

St.

Croix

Watershed

Management Organization and landscaping improvements are proposed along the

edges

of

the development, the

developmentwill

be in harmonywith the

general

purposes of the maximum lot coverage requirements.

The variance

is

consistent

with

the

comprehensive

plan.

As previously

indicated, the proposed

development

helps

support

many

of thepolicies

and

objectives of the Citys Comprehensive Plan.

As

this development is proposed ata gateway

node into

and

out

of

downtown

Stillwater, thedevelopment

will

help bookend

Main

Street.

The

applicant

for thevariance establishes that thereare

practical

difficulties in complying

with

this chapter.

Practical

difficulties,

as used

in

connection with

the granting ofa

variance,means

that

all

of the

following must

be found

to

apply:

The

property

owner

proposes

to

us e

the land in a

reasonable

manner for

a us e

permitted

in

the zone where the land is located,

but

the

proposal

is not permitted by

otherofficial

controls.

Setbacks: The

setback variances stemfrom the applicants desire

tohave

a

covered


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Height: While the view

will

be impacted for

three

units

in

the complex

across

the

street, the

essential

character

of

the neighborhood

will be

retained. The development

will

help

createenhance

the gatewaynode

to

the

downtown.

Coverage: The lot coverage variance

will

not

alter

the essential character of the

neighborhood while providing for additional parking for the development.

Nonconforming

uses or

neighboring lands, structures

or buildings

in the same

district or

other

districts may

not be considered

grounds

for issuance of

a

variance. The Planning Commission

may impose conditions in the

granting of a variance.Acondition

must

be directly related to

and

must bear a rough

proportionality

to the impact

created

by the variance.

FINDINGS

Staff finds

the use

or

structure

willnot

constitute a nuisance

or

be detrimental

to

the

public

welfare

of

the community.

With

the certainconditions, the proposed structure

or

use conforms

to the requirements and the intent of

this

chapter,and of the comprehensive

plan,

relevant

area

plans

and

other lawful regulations.

ALTERNATIVES AND RECOMMENDATION


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becomes effective. Recommendations from the

Downtown

Parking

Commission shall

be

incorporated

as a condition of

approval.

3. Upon purchasing

the

property,

and prior

to the installation ofany

improvements, the

applicant

shall

enter

into

an

agreement

with

the City

Council

for

the

us e

and future

maintenance of

the publicly owned parcel (PID 28.

030.20.11.0034) as

a

parking lot.

4.

The

applicant shall

furnish to

the

City

a

plan

for the necessary

off-

site idling and

storage

of tour buses,

RVsandother

extended size vehicles designed to

transport patrons,

touring

shows

and

performers.

The

off-

site

location

shall

be

reviewed by

the

Downtown

Parking Commission and approved by Resolution of the City

Council.

5. ADesign Reviewpermit shall be submitted

andapproved

by the Heritage Preservation

Commission prior to the issuance of a building permit. The

application

shall include all

items outlined

in

Section

31-209(d)and Section 41-7 Subd. 2

including, but

not limited

to,

street

reconfiguration, parking

and

circulation areas, a comprehensive lighting plan,

sign

plan (

including outdoor

kiosks),

building elevations (to

include

detailed

material

description), and

a

landscaping

plan.

6.

All

existing and

future

trash

receptacles

shall

be

stored

inside

the

building

at

all

times

with the

exception of

the day

of

trashcollection. In the event the applicant would like

to

develop an

external

trashenclosure toaccommodate for trash

storage,

the trash

enclosure shall be reviewed and approved

by

the Heritage

Preservation

Commission

prior

to

the installation.

7. Thebuilding

permit

submittal shall include verification that a

stormwater

management


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13. An

updated

utility plan shall be reviewed

andapproved

by the City Engineer

prior

to

approval of theDevelopers Agreement by the City

Council.

14. The coffee caboose

may

not be locate

in the

parking lot. Prior to installing

the

coffee

caboose,

an

alternate

site

must

be proposed

by

the

owner

and

approved by City staff.

Staff

further

recommends the Commission recommend to the City Council approvalofa 13

variance to the

37

maximum

height

forstructures

in

the CBD Height

Overlay

Historic

District.

ATTACHMENTS

Site

LocationMap

Applicant

Narrative (4 pages)

Site

Photographs (3 pages)

Site Plan

Main

Level

Floor

Plan

Lower Level

Floor

Plan

Upper Level Floor

Plan

Building Elevations (2 pages)

Concept

Photographs (

4 pages)


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L U R E L

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WEST

ELM STREET

EAS

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S H O O L

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0 320

64 6 F

Parcel Boundaries selec

Municipal Boundary

Parcel Boundaries

G e n e r a l S i t e L o c a t i o n

6 1

M a in S t r e e t

N o r t h S i to c a t i o n


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Afton, Minnesota 55001

5730Trad ingPostTr l S


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5730Trad ingPostTr l

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Abbi Wittman

From:

Franz Hall < [email protected]>

Sent: Wednesday, March 02, 2016 11:42 AM

To: Abbi W ittman

Cc:

Roger Tomten (roger@ archnetusa.

com)

Subject: R E :

Narrative

Request:

Immediate

attention

required

Attachments:

PWinter14_

StageHeight-

1.

pd f

Hi Abbi,

In

response

to

the email you sent yesterday regarding

the

variance

requests,

I

would

first

like

to

explain

a

bit

about

the

type of

theatre we

are proposing and someof its requirements. Due tothe

type

ofmusicals andplays thatwe plan to

produce, mostly from the 1920s to1950s,

we

have chosen the Proscenium

theatre

style. This style is comprised ofa

stage

areaof approximately 30 by 40,

then theproscenium

arch,

next the

apron of approximately 10 by 40,

and

finally the

seating area,

inour case of 332 seats. With the

wing area, stairs

and

walkways,

etc., wewill

require

a

minimum

area

of

80

wide and 100 long. Also, this type of theatre requires

an area above the

stage

flyarea) to

lift

backdrops and

scenery up

and

out

of viewof

the

audience. The

minimum

height

of the proscenium

arch

is

24,

therefore,

thearea above

thestage

must be an additional 24 plus

necessary

mechanical

space, totaling a

minimumof

50.

The

attached

pdf

explains these

requirements

pretty

well

In

response

to

the variances

you listed:

13 variance tothe37 height

restriction

for structures located intheCBD Height Overlay Historic

District


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property line. The

DNR has

an easement on thatstrip of land for the

Brown

s

Creek

Trail, so nothing

could be

builton that

land.

Therefore, we donot feel that a zero setback would

have

anyadverse

effect.

Variance

to

the

maximum80%lot

coverage for

properties

in

the

CBD

The

lot coverage

in our

plans is almost identical to the

lot coverage

when the

property

was

in

use

for t

Zephyr

Train

Depot. The only

significant change

from the

existing

land

use

is

that

we

are

expanding th

parking lot

on the

southeast

side

into

the area

that

used to

be

railroad tracks

and

boardwalk.

Essentially,

the

lot coverage

is not

changing.

Also, I

would like

to

clarify the usage

of

the

bakery

in our project. It is intended

that

the

bakery/coffee

shop would

be

open for

retail business

during

the

day

on

weekdays, and

on

Saturday mornings.

It would then

be

exclusively

availabl

to

the

theatre

to

serve desserts during intermission forperformances and concerts.

Thank you for forwarding

the

letter fromthecondo owner. Unfortunately,

their

condo 208, 308 and

probably

408

may

be

adversely affected by theaddition. Otherwise, theaddition will

be

too far to thenorth

to

affect others.

If

you have

any

other

questions, please

email me.

Thank

you,

Franz

Hall

franz hall franz hall computer

consulting


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Each

of thearguments need tobe

applied

toeachof the variances. Thank

you

for your immediate and

promptattenti

to this.

Also attached a

letterof

opposition submitted.

Abbi

Abbi Jo Wittman,City

Planner

21 6

4th Street North,Stillwater,MN55082

P: 651-430-8822 |

F:

651-430-8810

www.ci.stillwater.mn.

us


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Abbi Wittman

From:

Roger Tomten

Sent: Wednesday, March 02, 2016 11:38 AM

To: Abbi W ittman

Cc:

Franz

Hall

Subject:

Zephyr

Theatre

Abbi,

Regarding

the Lot

Coverage

issue,

please

see the

information below;

We have simplified the calculations to only represent the areas onour parcel.

Total Lot Area; 58,

487 sq.

ft.

Existing Impervious Surface

onParcel; 41,180 sq.

ft. (

70.

4%)

Proposed

Impervious

Surface increase;

8,

385

sq.ft.

Total Proposed Impervious on Parcel; 49,565 sq.ft. (84.7%)

To

bring

the

Proposed Impervious below

the 80%

maximum,

we

would propose pervious

pavers for the

expansion

of th

parking area in the southeast area of the parking lot. If this is acceptable to the City and Public Works, it would eliminate

the need for

a

variance on this issue.

Area

of

Pervious Pavers

3,

024 sq.

ft.


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