PLANNING COMMISSION

MEETING DATE:

November 12, 2014

CASE NO.: SUP/ 2014- 31

Parking Commission: October 23, 2014

Planning Commission: October 8, 2014
APPLICANT:

Judd Sather

REQUEST:

Special Use Permit to operate an event center at 124 Main Street South

ZONING: CBD -Central Business

PREPARED BY:

COMP PLAN DISTRICT: DMU-Downtown Mixed Use

Abbi Jo Wittman, City Planner

BACKGROUND

At the Planning Commission' s last regularly -scheduled meeting, the Commission tabled an
application from Judd Sather for the creation of JX Events Venue, a two-story events center to
be located at 120- 124 Main Street South. At that meeting the Commission continued the public
hearing, requesting the following materials be submitted by the applicant:
1.

2.

3.
4.

An accessible exits and route plan depicting access to accessible parking spaces; and
A parking plan depicting the alternative parking provisions determined to be acceptable
by the Downtown Parking Commission; and
An event security plan; and
Soundproofing details developed by a professional engineer that specializes in sound
transmission.

Since the Commission' s meeting in October, the applicant has submitted an event security plan
as well as soundproofing details which have been determined to be sufficient by City staff.

Since the original application submission the applicant has reduced the total occupancy of the
venue to 630 people. This would be achieved by utilizing fixed seating in half of each of the
floor areas not designated as storage, office, restrooms, or kitchen. This reduces the total

parking requirement to 211 parking spaces. The existing uses require 45 spaces, leaving a
deficit of 166 parking spaces. The applicant met with the Downtown Parking Commission
DTPC) on October 23 to discuss alternative provisions to the deficit of 166 parking spaces for
this venue. In a 3- 3 vote, with one member abstaining due to a conflict of interest, the DTPC did
not approve a parking plan. Since that meeting, the applicant has proposed utilizing valet
services with loading zones dedicated on Chestnut Street near the intersection with Main as
well as on Union Alley. This proposal has not been reviewed by the DTPC.

The applicant has also proposed the creation of a main entrance off of Union Alley in the first
phase ( the first story) of the venue. A main entrance in this location, with an interior elevator,
would provide for an accessible entrance with access to a single accessible on -street parking
space.
The nearest public parking on an accessible route is located approximately one and a
half blocks (500 feet) away to the surface lot #16, below the armory, and two blocks (600 feet)
away to the parking ramp. The Main Street entrance is also an accessible route but there is no
parking or loading in this location. Lot #6, at the pedestrian plaza, is approximately 450' away.
APPLICABLE GUIDELINES AND
REGULATIONS

Section 31- 325 indicates that assembly

halls in the Central Business District
require a Special Use Permit.

Section

31- 207 establishes the review standards

for Special Use Permits:

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1) The proposed structure or use

conforms to the requirements and the

intent of this chapter, and of the

First phase event

The proposed use is

comprehensive plan, relevant area

plans and other lawful regulations.

center

allowed within the subject zoning district, if it is found compatible with

surrounding uses.

Comprehensive Plan Chapter 6, Local Economy, indicates an objective of supporting business

expansion in the downtown commercial district. This would be achieved through the following
implementation actions: "[ e] ncourage small, locally owned, businesses particularly in the
Downton" and "[ p] romote office and service job locations in and around the downtown."
Comprehensive Plan Chapter 7, Economic Development, indicates a goal of promoting and
maintaining the downtown as a central focus for community, economic and cultural activity as
tourism has allowed the Stillwater downtown to avoid the vacant buildings and physical
decline seen in other traditional downtowns."

While the events center may help support these goals, objectives and implementation actions,
the event center use of two storefronts will prohibit future retail use in these units. While there

is no ordinance requiring the first floor to remain commercial, the use of an events center is at
odds with the Comprehensive Plan' s guidance. The Comprehensive Plan indicates an estimate

20,000 square feet of new retail space could be supported by 2020. The loss of 7,000 square feet
of retail space on this block of Main Street could have a potentially adverse effect to the City' s
goal of " increase[ ing] the tax base and providing economic growth for Stillwater."
Other Lawful Regulations

In review of the request with City staff, the following items were determined to be some items
of concern:

CPC 11- 12- 14 ( SUP/ 2014- 31)

Continued Public Hearing

120- 124 Main Street South
Page 2 of 4

ADA compliancy ( including accessible routes and distance to accessible spaces): ADA
compliancy and building exiting can be achieved with significant upgrades and
improvements to the structure. Building Official Shilts, as well as Assistant Fire Chief
Ballis, have conducted site inspections and determined plans will need to be submitted

to show proof of the applicant' s ability to meet current code standards. A condition of

approval would include the applicant shall secure all required approvals from the City' s
Building Official and Fire Marshall, as well as Washington County Health Department,
prior to operating the event center. This includes, but is not limited to, installing
required exiting and meeting ADA requirements.
Parking and Traffic (including, but not limited to, the inability to stop in front of the business on
Main Street as the South 100 block of Main Street has no parking or stopping provisions to
accommodate for drive and turn lanes at the Chestnut and Main intersections): The concerns

of the impact to the traffic in this location, as well as the deficit of parking, has not been
resolved.

Event security and noise ( including impact to neighboring residences): Updated security and
soundproofing details have been provided.
2 Any additional conditions necessary for the public interest have been imposed or use and/ or
structure will not constitute a nuisance or be detrimental to the public welfare of the
community.

The focus of this review standard is whether the proposed use can operate in its proposed

location without negatively impacting surrounding uses, or the general neighborhood. In

October staff indicated if issues of security, soundproofing, accessibility as well as parking
could be resolved, staff could determine necessary conditions for a recommendation of
approval. However, issues regarding parking and traffic safety have not been resolved
with a satisfactory level of detail.
ALTERNATIVES AND RECOMMENDATION

1.

Approve the Special Use Permit request with or without conditions. If the

Commission would like to approve the Special Use Permit with conditions, staff

would recommend the following:

a.

No greater than 3,500 square feet of the first floor would be utilized as

rentable areas for events or event functions for a total occupancy of no greater
than 367 persons. Of the total rentable area, no less than 1, 750 square feet

b.

must be permanently fixed table seating. A total of 1, 750 square feet may be
dedicated to flexible seating.
No greater than 2,500 square feet of the second floor may be utilized as
rentable area for events or event functions for a maximum occupancy of 263
persons. Of the total rentable area, no less than 1, 250 square feet must be

permanently fixed table seating. A total of 1, 250 square feet may be

dedicated to flexible seating.
CPC 11- 12- 14 ( SUP/ 2014- 31)

Continued Public Hearing

120- 124 Main Street South

Page 3 of 4

c.

d.

e.

f.

g.

Prior to the operating of an event center, the applicant shall secure all
required approvals from the Stillwater Building Department, Stillwater Fire
Department and Washington County Health Department.
The applicant shall implement the soundproofing plan, as submitted with the
Planning Commission' s November 11, 2014, meeting packet.
The event venue shall adhere to the event security plan, as submitted with
the Planning Commission' s November 11, 2014, meeting packet.
All existing and future trash receptacles shall be stored inside the building at all
times with the exception of the day of trash collection.
Prior to the commencement of any exterior work, including the installation of
lighting and signage, a Design Review permit shall be submitted and approved by
the Heritage Preservation Commission prior to the issuance of a building permit
for this project.
i.

Any conditions attached to the Design Permit issued by the Heritage

Preservation Commission for this addition are incorporated by reference
into this Special Use Permit.

h.

i.

The applicant must propose a detailed parking and drop- off/pick-up plan that is
found acceptable to the City Council. Any required parking mitigation fees or
other conditions required by the City Council must be included in the applicant' s
Zoning Permit.
The applicant shall secure all required approvals from the City' s Building
Official and Fire Marshall, as well as Washington County Health Department,
prior to operating the event center.

2.

Determine that the proposed events center is not consistent with the Special Use Permit

provisions or the Comprehensive Plan and deny the Special Use Permit.
3.

Table the application by extending the 60 -day deadline to 1/ 17/ 2015 and request the
applicant develop a plan to alleviate traffic safety concerns as well as an alternative
to the parking provisions that is found to be acceptable to the Downtown Parking
Commission and/ or City Council.

As there are still parking and traffic safety concerns with the proposed events center, staff
recommends the Planning Commission deny SUP/ 2014-31 for JX Events Venue or table the
application by extending the 60 -day deadline to 1/ 17/ 2015.
ATTACHMENTS

Site Location Map

Applicant Revised Narrative
First Floor Plan

Second Floor Plan

Soundproofing Estimate

CPC 11- 12- 14 ( SUP/ 2014- 31)

Continued Public Hearing

120- 124 Main Street South
Page 4 of 4

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Planning Commission supplemental information for JX Event Venue

November 1, 2014

Dear Planning Commission,

We are excited to bring more people to the north end of Stillwater, as well as and to bring the parking

ramp to higher profitability with the proposed opening of JX Event Venue. We have worked hard with
architect Mark Balay and building official Cindy Shiltz to modify the floor plan so the maximum
capacity would be reduced to 367 people on the lower level and reduced to 263 people on the upper

level for a total of 630 total maximum occupants. This reduction was done by adding bigger
bathrooms, kitchens, storage areas, and fixed seating.
Phase One ( 120/ 122 South Main)

Phase Two ( 124 South Main)

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It has been determined per building code that an elevator would be required for accessibility at the
Union Alley entrance. This would require that we would be asking for the special use permit for both
phase one and phase two. The upper level ( which has been vacant for 25+ years) would be built out

as the budget allows over one to two years, and the elevator would be limited to lower level and the

Union Alley grade level.

An event venue provides business to many other local businesses. Following is a list of all of the local

businesses that have been contracted by clients of The Loft at Studio J ( 214 Main Street South):
Famous Dave' s, Green Mill, The Green Room, LOLO, Marx, Lake Elmo Inn, Hanson' s Liquor, Oaks Wine

Spirits, Buttercream of Stillwater, Sara's Tipsy Pies, Quickfire Pizza, Stillwater Trolley, Our Shop,
Camrose Hill, and countless other vendors including hotels, B & B' s, musicians, DJs, florists, makeup
artists and hair stylists.
For comparison purposes, 95% of our current events at The Loft at Studio J are seated wedding

dinners and receptions with an average of 54%

occupancy).

of max occupancy ( 175 average guests with 327 max

We have 25 of the 31 Saturdays booked already in April -October of 2015. 23 of the 25

events are weddings. We are asking that the parking and planning commission grant a variance
where we offer valet services to the parking ramp and other public lots if needed. The Parking
Commission voted 3- 3 on the question to mitigate 86 permits for phase one only. At that time, it was
not known that the elevator would be necessary.

Below is additional information requested by city staff including a security plan, soundproofing plan,
parking plan, and map of accessible entrances.

Parking Plan -

JX Events ( Event Venue)

The parking ramp is one block from the proposed event venue. The Parking Commission was
concerned that we could not guarantee that guests would park in the ramp. Since that meeting, we
came up with the valet idea that would guarantee that cars would get to the ramp and pay the fee,
which would profit the city more than mitigation. Also as an event center, we have the luxury of
communicating with a bride exactly where we want her guests to park. After one year of operation of
The Loft at Studio J ( 214 Main Street South), parking has not been an issue with very little complaints.
We offer shuttle services through the Stillwater Trolley that has only been contracted about 5% of the
time for clients that are most concerned about parking issues.
Parking is largely a perceived issue, so I took some time to check out the use of the ramp over the last
couple of weeks during peak times. The first check was 2pm on Saturday, October 18. It was a
beautiful autumn day in town with hundreds of people walking around and we had a wedding at The
Loft as well as other venues. It was about the time guests would show up for a wedding. I noted that
5 of the 6 accessible parking spaces within one block of 120 and 122 Main Street were open and the
parking ramp was only about 10%

occupied.

The next check was another beautiful fall day on Saturday, October 25 and at fpm the ramp was
about 10% full, at 2pm it was about 20% full, and at 6pm it was 50% full. There were weddings at

The Lowell Inn, Water Street Inn, The Grand, and The Loft at Studio J. This means that there were still

over 100 parking spaces available in the ramp at a peak time when all those wedding guests were at
the venues. Many people have commented that the only time the ramp is full is the fourth of July.

Adding phase 2 to the Special Use Permit would increase the parking mitigation to 166 spaces. At $10
per space that is $ 1, 660 per month that is not feasible in our business plan. With the valet idea, two

or three spaces in Union Alley or Chestnut Street would be leased to allow for the valet service. This
valet service could be shared among other businesses as well.

The parking commission also had concerns with no stopping / loading near the front entrances. This
would be alleviated with the creation of the main entrance on Union Alley. When the bridge closes in
2016, there may be added drop-off areas on Main Street and/ or Chestnut in the yellow curb area ( see
below).

Accessible Entrance # 1 New fining for elevator(

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x - Accessible Entrance # 2

Events

x - Accessible Entrance # 3
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More parking and/ or city-wide valeta
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We are open to a reduction in the amount of occupants by ordinance to make this project work!

PRECEDENT: The Loft at Studio J is mitigating 12 parking spaces for a max occupant load of 327.
Here is a list of the parking lots nearest to the proposed JX Event Venue.
Public Lots ( Total of 459 spaces):

Parking Ramp: 218 spaces plus 6 Handicapped

Teddy Bear Park: 88 spaces plus 4 Handicapped
Courthouse Memorial Lot: 71 spaces plus 4 Handicapped

Lower Courthouse Lot: 82 spaces plus 2 Handicapped

Private Lots (Total of 103 spaces and would need to be privately contracted):
Cub Lot: 51 spaces plus 3 Handicapped
US Bank: 22- 38 spaces

Chestnut Building: 20- 40 spaces

Shorty's: 7- 10 spaces

Security Plan -

JX Events ( Event Venue)

We spoke with Nate Meredith from the Stillwater Police Department and came up with this security
plan together:

1.

Security Cameras with DVR recording (4 downstairs, 2- 4 upstairs)

a.

2.

Viewable on monitors at host office and on mobile devices

Security personnel onsite ( One security person per 250 guests)

a.
Training to keep out non -invited guests and keep all drinks inside building at all
three exits

b.

Call police in case of emergency

Have enough staff onsite for one security person per exit
Keep gift table adjacent to building host office
Have bartenders serving alcohol be trained and have their own liquor liability insurance
Put in writing to clients that loading / unloading is not to happen on the curb in front of event
center, but in Union Alley or parking on Chestnut
c.

3.
4.

5.

Soundproofing plan -

JX Events ( Event Venue)

We conducted a sound test on November 3 and heard no sound transfer at neighboring business The
T -Shirt Factory. Music could be heard in the offices above the proposed venue. These businesses
above will normally be closed during event hours, but the following measures will be taken to stay
within city noise ordinances.
1.

Carpet /
a.

2.

Acoustic tiles on North and South walls providing maximum sound dampening

This will minimize sound echo within the event venue, and virtually eliminate sound

transmission to neighboring businesses ( adjacent and above) that will generally not be
open during event hours
Sound tiles on ceiling ( 2x4' tiles spaced evenly every 8') to eliminate sound transmission to
second floor

3.

Blown insulation in second floor per fire code to eliminate sound transmission to between
floors

4.

5.

Monitor bass levels with DJs and bands, which is the sound that travels the most.

Double 5/ 8" layer of sheetrock in ceiling between lower level and apartment in Northwest
corner that will be part of the venue lease.

6.

Vendor - ATS Acoustics -

www.atsacoustics. com (

See attached quotes)

Thank you for considering our proposal to breathe life into this historic building. It is exciting to have
the possibility of a large enough event center to attract high- end events and fundraisers that would
normally stay in St. Paul or Minneapolis. JX Event Venue could also host craft fairs and the like that
Stillwater residents currently only can enjoy during the summer. Use of the space for citywide events
could even be part of the parking mitigation. This venue would be an upgrade from The Loft at Studio
J in three ways: first floor access, larger, and closer to parking. A year-round, first class event space

would be a benefit for many businesses in town and bring the city's parking ramp investment to
higher profitability.

Judd Sather

Owner, The Loft at Studio J - 214 Main Street South

Judd@ studiojphoto.com, 651- 342- 1476

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Your Quote from ATS Acoustics

ACOUSTICS

Just Listen,

Dear Judd Sather,

Thank you for the opportunity to provide this quote. If you have any questions or additional
requirements please don't hesitate to contact me. I' ll be happy to help in any way I can.
Thanks!
Heather

Quote Number: 86595- 8371

Sales Representative
ATS Acoustics

Date: October 27, 2014

Valid through: November 26, 2014
Your contact: Heather
Phone: 866- 787- 7881

Fax: 815- 364-0242

Items Quoted
Description

ATS Acoustic Panel - 24 x 48 x 2

Unit Price
57. 20

Quantity

Extended

214 panels $

12, 240. 80

Subtotal $

12, 240. 80

Color: Black

Fire Rating: ASTM E84 Class A

Desired edge profile: Beveled

15 W Main St, Box 260

Piper City, IL, 60959

atsinfo@atsacoustics. com

Shipping to 55082 via LTL Freight $

1, 093. 52

Total Before Discount $

13, 334. 32

Discount Saves You $

500. 00

Total $

12, 834. 32

www.atsacoustics. com

Hardware is included in this quote

If customer requires a lift gate service, Conway will charge an additional $ 90. 00, which
will be added to the shipping cost.