Planning Commission - Regular Meeting

The January 27th uh 2026 meeting of the Stillwater Planning Commission will now come to order. It will be the process this evening to call for items on the agenda. The commission will hear briefly from staff first, then the applicant and/or their representative, then open the public hearing and hear from those in favor and/or in opposition to the request. When you come to the podium, please clearly state your name and address for the record. And then before closing the public hearing, both staff, the applicant and or their representative will be provided an opportunity to respond to provide additional information and answer questions. After all interested parties have spoken, the public hearing will be closed. We will hear closing remarks and alternatives from staff. So the first item this evening um on under public hearings is to receive public comment regarding a text amendment to the Stillwater City Code. And we shall hear from staff. Yes, ma'am. Good evening, um, commissioners, chair. Um, my name is Henry Velheimer with development services, and tonight we're looking at a text amendment. This text amendment was tabled at the last planning commission meeting as there was some recommended changes. Um, so we went ahead and made those changes so we can present that to you. We know ahead of time there has been one other change since then based on meetings we've had um with the Greek ne Greek neighborhood association. So, we'll get into that as we go. I'm going to do kind of a summarized presentation compared to, you know, what I did last time. Um, so definitely feel free to jump in if you have any questions. So, this is a text amendment to the RMI and RMU zoning districts. Um, specifically updating the way we regulate Greek houses. Here's the current definition, which is in 237. It's a generally defined term in our code. We are moving this to section 2396 and adding in this green portion. I'll go ahead and read that green portion. Um, but this is requiring that a Greek or a fraternity or sorority be affiliated with a university recognized chapter of a fraternity or sorority. And

it's moving the section to 2396, which is our use definitions. What this means is we're defining a fraternity or sorority as a use. Since we're now defining it as a use instead of a general term, it means we must then say what zoning districts it's allowed in. So, we're adding it to 23140, which is the RMI or residential multif family intermediate zoning district as an allowed use. We're also adding it to 23141, which is RMU, residential multif family urban um to again allow fraternity or sority house as a use in that zoning district. We're also changing those sideyard setbacks. So, I'll go ahead and read that section outlined in green. fraternity or sorority house. When a sideyard has a common boundary with property in any single family residential district or use, the minimum minimum setback is 15 ft. When a sideyard has a common boundary with a property in any district or any other district or use, the minimum setback is 5 ft. Um, functionally what this is saying is throughout the Greek neighborhood, it's very common for the Greek houses to be beside the Greek houses. There's a few scenarios, there's like two or three that we could find where a Greek house is abuing a single family um district or use. Um our intent was not negatively affect that single family house or district. So that would have the same 15t side setback if you're abing that single family house. But if you're a Greek house, abuing a Greek house, um there have been multiple variances to decrease that side setback. So, we've decreasing this to the 5-ft side setback, which mirrors the requirements in RMI, which is that multif family intermediate district. Um, one caveat I will add to that is there's still a 3-ft additional side setback added to that 5-ft for each story above the first story. So, if you're a two-story house, you would have an 8ft setback. If you're a three-story house, it would be 11. Moving on to the exceptions. These are the exceptions that are written into both RMI and RMU. These are for both districts. Um, so starting from the top, residential structures not divided into

dwelling units shall have densities determined as each four beds shall be deemed to constitute one dwelling unit. To make that makes sense, when we use this as calculating density, each zoning district has a maximum dwelling units per acre that are allowed. It's really easy to calculate with that when you have like an apartment complex. There's 10 apartments in it. That is 10 dwelling units. Easy to calculate. gets more tricky when you're looking at a fraternity house because although that's one kitchen, that's not one dwelling unit. You know, there's a lot more people living in there. So, the way we're calculating that is four beds shall be deemed as one dwelling unit. The previous calculation was very similar, but just more confusing. So, this was just for clarity. Uh, moving on to that second bullet point, a structure being built for a fraternity or sority house shall be built to have a residential appearance, which shall include a front porch. Um, street facing facades shall be constructed of masonry material which shall include brick, cast stone, stone or ephus and stucco. Um, and at least 50% of which shall be brick or stone. Um, again that's just that facade requirement trying to have that quality residential appearance. And that last point is a landscape plan shall be submitted which meets the require requirements of 23230F. Um, based on the discussion we had at the last planning commission meeting, um, we heard your feedback that the landscaping requirements should be in the landscape plan, which we agree with. Um, so we've added in 23230F, which we'll look at in just a second. Um, and lastly, all fraternity and sorority houses shall have a maximum height of two stories for any portion of a structure that is within 30 ft of a single family residential zoning district or use. Um, in the meeting we had with the Greek Neighborhood Association, there was some confusion on this requirement. So, just to clarify real quick, um if you're building a house beside a Greek house beside a single family house, which we did find, I think two instances where this would apply. Um the Greek house already has that side setback of 15t since you're abing a single family house. So, you would have

have that setback of 15t. Let's say you're building the house right up to the setbacks as generally is done. Um that means that first 15 foot of the structure has a maximum height of 30 feet of two stories or 30 feet. Two stories so sorry. So only the first 15t of that structure would be within 30 ft of that property line. Any portion of the structure within 30t of the property line has a maximum height of two stories. The rest of the building has the maximum height of 50 foot which is the the maximum height for RMI or RMU. So, it's not affecting the entire building, just that portion within 30 foot of the single family house. And then 23230F landscaping. Ignore the red for now. I'll talk about that in just a second. Um, but this is the section we're adding in. The verbiage is very similar to that which we proposed last time, which is that a fraternity or sority house, a landscape plan with at least one tree, and 10 shrubs per 30 ft of lineal frontage. Um, reading this without the red first. Corner lots shall provide landscaping for both front yards. Landscaping shall be a minimum requirement for the lot which can be clumped or spread throughout the parcel. I've mentioned that neighborhood, the meeting with the Greek neighborhood association. Their primary concern was the landscape code being um negatively affecting the Greek neighborhood. Um they pointed out that the decks are a big part of Greek row um specifically for homecoming and that happens in the front yard. So, they wanted to make sure that this didn't negatively affect the neighborhoods. Um, especially since most Greek houses, which we did look and they're correct, most Greek houses are on two frontages. Some of them even have three frontages as they reach from one street to the other. Um, so with that in mind, to make sure that this landscape code didn't negatively affect the Greek houses, staff is proposing the changes in red, which is that corner lots shall provide landscaping for the primary front yard, which is the front yard that

the property is addressed from. Um to make that clear, that's just setting the requirement for the parcel. As in if you have 100 foot of frontage onto university and university is what you're addressed on, that sets the landscaping requirement for the site, which is one tree and 10 shrubs per 30 foot of that 100 foot. Um the landscaping can still be on your other frontages or even your backyard. It just that that's the requirement for the site. Um, so that was the change that was proposed to not negatively affect those neighborhoods. Any other changes can of course be discussed. I'm open to answer any questions if you have any.

I have a couple questions. Yes, ma'am. Um, so when you're talking, we're talking about the setback and the restriction of the two stories. What is the definition of portion to limit the height of any portion that's within 30 ft of single family zoning district to use two stories? What would what breaks up a portion so that could it could then another portion of the house go up three or is this saying a portion is the entire structure or a portion is a structural bay or a portion is 3 ft. Yes ma'am.

Um so it's not we don't actually have a definition of a portion of a structure. Um, but the way it was intended to be interpreted when we wrote that is that like so you would have that 15t setback from the side property line and this is generally from the side property line because that would be beside the single family house. So then the first 15t of that structure if the structure was built right up to that setback line would have to be two stories because that would be within 30t of the property line. So a portion would be equal to the setback distance.

It would be 30 foot from the property line. So if you had a 30-ft setback, you wouldn't have any restrictions here. It's just if you're within 30 foot of the property line of that single family use or district. So it's just that that was intended to be the the line there is if you're within 30 30 foot of the property line, that portion that is within 30 portion within the 30 ft. Yeah. The the intent is the rest of the structure that is more than 30 foot would have the same maximum height as the rest of the houses, which would be 50 foot. Okay, got it. And then I want to clarify the landscape requirement for corner lots.

Yes, ma'am. So now we're recognizing a front lot. We're not recognizing both frontages. We're just saying one's a frontage. So I'll just use it for instance of one that's currently under construction. So if university is the addressing street then it would be required to have one tree and 10 shrubs per 30 lineal feet of frontage if there is frontage along say Monroe. Mhm. Nothing would be required over there.

Yes ma'am. And the landscaping is not required to be along university. It's just required to be on the parcel and that would that front university dilute it. Yes, ma'am.

And that that's that's deemed a hardship by the Greek neighborhood. I would say a concern more than a hardship. I think that that depends on the design of the house as well because the thing is is like you're referencing a very specific house. Well, I was just the first neighborhood that came to or the first corner that came to mind. If that house is facing if that house is angled facing the intersection, I would think that they're going to probably use symmetrical landscaping on each side regardless. But for example, the house across the street,

correct, is different and faces directly towards university. And it kind of does make sense for them not to have to have the landscaping on the Monroe side because of the way that that house is oriented on that corner. Mhm. And I can and I can see for house decorations wanting to preserve an area. Um but shrubbery can be adjacent to could be next to the building. It wouldn't have to have clearances say like a tree would right tree needs more space,

you know? So I mean is there I I was thinking about this as well as you mentioned that is there a specific definition of a tree versus a shrub. What is a tree? [laughter] Um I do believe in our code it has different it technically defines small, medium and large trees. We don't have um like an approved tree list um like some cities have of this is what we would consider an approved tree and we don't have them broken into separate categories. Um that's one thing we're considering to get more specific. Um don't we have like a recommended list of trees recommended for longevity or something? I thought we had a list.

That list sounds like something that might exist but not something that I'm aware of. So I can't say for sure. I I don't believe it's in our code. If it is there, may not be in the code. Um there's a tree definition, but um I know for example it gets a little tricky looking at stuff like crate myrtle which is defined is technically a tree um but for example that's a small tree that functions more like a bush in some scenarios. So there's a definition in here of a tree. Perfect

tree shrubs also defined.

Sorry for the distraction there, but I was just thinking about that. So, continuing on what you were saying with the front yard versus sideyard more or less, right?

But it's it's like of of the fraternity and sority houses, the way it typically works here in Still Water, generally speaking, the fraternities are the ones that have that host the house decorations, and so they'd like to preserve a sideyard. There are several in my mind for sorority houses that have sideyards. Um, they wouldn't have to be preserving something for a house decoration. I mean, I would think most of them would want to still have the landscaping to look nice. So, let me let me let me pose this question. So out of the one tree and the shrubbery as is defined, how does that correlate to our current point system? Is that would that meet the requirements of the current point system or is it greater or less than what we would typically do?

I hate to say for sure off the top of my head, but um in any scenario that I've seen, this would meet those requirements. Um, so it wouldn't it wouldn't exceed what we're currently asking and it's not it would it would likely exceed. Yes, ma'am.

I'm just trying to figure out are we are we creating something that's more or less than what we would currently have in place. So, um, David Bar, Development Services. Um, you know, we asked our consultant to help us with this and we did a comparative analysis, um, looking at Lawrence, Kansas, Columbia, Missouri, other um, college towns um, and looking at um, specifically zoning uh, requirements for Greek houses. And um we felt like and and their recommendation was if we were going to reduce the setbacks for these fraternities and sororities that are right next to each other that um one thing that we might want to consider is to require some additional landscaping to soften that. And so all this particular section does is establish a requirement. The requirement can be on the sideyard. It could be in the front yard. They could put all the trees on the side. all of them on the front. They could all it's saying is for that frontage though you need to add 10 shrubs and one tree per 30 ft of frontage but it doesn't tell you where you put those items. And so what we have noticed is some of the newer Greek homes are and um well actually you asked a question about our landscaping code. Right now our landscaping code in most instances people can meet the point requirement by using grass and so there is no requirements necessarily to have trees or shrubs. Um, but you know, people do do that because it looks nicer. And so what we were trying to do instead of a of a big fraternity just putting sound sod and meeting their point system, we were wanting them to actually have to have some, you know, vertical um vertical landscaping. Um, I was going somewhere and then I or I I went back to your landscape plan and what was I talking about right before that? Um,

you right that that we were looking at trying to soften what we have. So, if we were going to if you're going to decrease the setbacks and have greater density, then having the plant material is going to soften.

Oh, I know what I was saying. So, what we we we've actually looked at some of the newer Greek houses and they've got trees, but they're these like spruce trees that are really tall and small diameter right up in the build against the building um with shrubs next to them. Well, those would still work and they wouldn't combat with your house decorations. Um, and yeah, we've noticed that most of the sororities have a lot more landscaping than the fraternities. And I think for the reason that they're trying to protect that yard for their house decorations. Um, and we're not trying to, um, inhibit that in any way. Um, but we would like to see, I mean, I can think of one fraternity, um, it's probably the biggest one, um, right on university that has almost zero landscaping in front of it. Um, I mean, they've got a nice lawn, but there's nothing else. And so, um, we would like to see, um, you know, as we as we make some adjustments here, we would like to see some more landscaping. Um, but we're not saying that it has to be out there, um, in harm's way of every year's homecoming. Uh, so that's all I have.

Thank you. And so then the setback on the front yard is, remind me again. Are we at 25? on the front yard.

Don't remember off the top of my head. So, sorry. Um, I was just looking at the short notes. We can go back and look at the section. Sorry, I thought I had a faster way to get there and it's taking me longer.

Front yard. Front yard 20 ft. RMI abetting the right away. and you it's also 23. [snorts] So I guess what I what I'm gathering is what we're asking for here is more than we would currently have and it's addressing the setbacks being tighter. Okay. Thank you for indulging that discussion. Of course,

those were the questions I had. Does anybody have any other questions? Yeah, I have one. How how does the staff ensure if it's even possible that that these reduced setbacks remain limited to fraternity and sorority houses and don't create pressure to extend similar standards to other high occupancy residential uses?

It's a good question. Um to your first point, um it would only apply to fraternity or sorority houses. And then that's kind of why we tightened up that definition to say it has to be with a university affiliated fraternity or sorority. Um so for example, if you were building an apartment complex, you would still have those 15t side setbacks. Um, but to the second point of your question that like it could increase pressure to decrease the setbacks for those other types of highdensity housing. Um, I could see that. Um, and I think that's just something we'll have to work with moving forward specifically with that bigger picture code update. That would be one of the questions we'd have to look at is whether for like a multif family we would want those smaller setbacks as well.

Yeah, I could see a developer would try to use that as an argument if they needed it. But the fact that you've put it as specific to sorities and fraternities has got to be helpful. Yes, sir. At at least for this point, the way this update is written, it would only affect fraternities or sorities, but I could see it putting pressure for us to update the code to decrease it for others. And yeah.

Yeah, that's all I had. Any other questions for staff? Thank you. We open the public hearing and ask if there's anyone in the audience who would like to speak in favor of this item to come forward. Seeing none, we'll ask if there's anyone in the audience who would like to speak in opposition of this item to please come forward. Seeing none, we'll close the public hearing and ask staff to present findings and alternatives. Yes, ma'am. So, our findings are um the proposed text amendment updates the how the city regulates fraternity and sorority houses. The proposed text amendment updates the definition of fraternity or sorority house and moves the definition to the use categories. The side setback for fraternity and sorority houses in the RMU zoning district is proposed to be reduced to align with the sideyard setback requirements in RMI. Design standards for fraternity and sorority houses are proposed to be incorporated into the RMI and RMU districts to ensure quality of residential design. Um so your alternatives tonight are to um accept findings and recommend the city council approve the proposed text amendment to conditionally approve the proposed text amendment to table discussion or um deny it. Recommend city council deny it. Staff recommends alternative number two, which is what I was changing as I was rushing down here last minute. Um, with the proposed changes to 23230F as presented. Um, so that would be to accept findings and recommend the city council conditionally approve the text amendment with those proposed changes as presented.

I'll have to [clears throat] recommend that you include the change specifically. Okay. So, um, with the changes to 23230F, um, to apply to the primary front yard only for corner lots. Okay. Yeah. The wording of that is what I was trying to get right with like the last minute. I was like, I'll just go Anyone entertaining a motion? I would if I could figure out how to say it. [laughter]

I can give you a recommendation. Option two as they recommend it would be what I would Okay. So, um if go ahead. A re I think I got it. Okay. I would motion that we approve the text amendment as presented with the changes made to 23230F regarding the sideyard landscaping requirements. Is that good enough? No. Just to slightly amend it to apply to the primary front yard only for corner lots

to 23230F to the primary front yard for corner lots landscaping requirements. Fantastic. Do I hear a second? Second. We have a motion and a second. We shall now vote.

Motion passes 5-0. The next uh item on the agenda is the meeting summary for review and possible action. We have the um meeting summary for the regular meeting on January 6th. Are there any uh corrections or additions to the draft? I move to accept the summary as presented. We have a motion. Do we have a second? Second. We have a motion and a second. We shall now vote.

Motion passes 5-0. Next item on the agenda is miscellaneous items from staff, planning commissioners, or the city attorney for discussion and possible action. Nothing for me. All right. Seeing none, uh we do have a note here that says the next uh regular meeting is scheduled for February 3rd. And the last item on the agenda is adjournment. Do I hear a motion to adjurnn? So moved. Second. We have a motion in a second. We shall now vote. [snorts] Motion passes 5-0. We now stand adjourned.