Commission recommends rezoning of 55 West 6th Avenue to residential; access easement raises questions

The Stillwater Planning Commission on Jan. 28 voted to recommend that city council approve a map amendment to rezone a portion of the lot identified as 55 West 6th Avenue (also referenced in materials as 5499 West 6th) from commercial general to RTM (two-family and multifamily residential).

City staff described the parcel as split-zoned and partly landlocked from a public right-of-way, and cited the Land Development Code procedures and the city’s comprehensive plan in explaining the alternatives. Aaron Ferguson of Bancroft Design, representing the applicant, told commissioners the developer intends to use private access easements through the O’Reilly Auto Parts parking lot and an adjacent lot to reach the rear portion of the tract. "Right now, the plan is we will use the O'Reilly's parking lot for access," Ferguson said.

Developer Don Williams, representing Star West, described the proposal as a way to create a contiguous tract for low-density housing behind the existing commercial frontage. Williams said the planned housing would be low-density — "single story duplexes" — and that the rezoning would allow use of a contiguous five-acre tract for development. Several commissioners asked about maintenance, emergency access and whether the private access easement provides adequate circulation and fire access; staff and the applicant said O'Reilly's has agreed to allow access and is responsible for maintaining the parking area that will serve as the driveway.

A nearby property owner, Becky Shirley, said an apparent utility easement along the west side of her property raised questions about whether it provided vehicular access; staff advised the issue concerned her property and the easement document and suggested she contact staff for detailed answers. Staff acknowledged that the comprehensive plan calls for commercial uses in the area but said RTM zoning exists nearby and that rezoning would permit lower-density residential development that could address some local housing needs.

A commissioner moved to accept staff findings and recommend council approval of the map amendment; the motion received a second and carried with four votes in favor and one abstention. The commission recorded alternatives available to it: recommend approval, recommend denial, or request additional information and table the request.

The commission’s recommendation to city council does not itself change the zoning; council action is required to finalize the rezoning. The applicant and staff indicated several outstanding technical items remain (the access-easement language, any required utility coordination and final engineering for emergency access) and said those items would be handled in subsequent steps.