HomeMy WebLinkAbout02-12-2009 Planning Commission PacketCITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, February 12, 2009
7:00 p.m. — City Hall Council Chambers
I. Call to Order:
II. Agenda Approval:
III. Approve Minutes of January 8, 2009: (1)
IV. Department / Commission Liaison / Other Reports:
V. Visitors /Public Comment: This is an opportunity for the public to address the Commission
with questions or concerns regarding items not on the agenda.
Please limit comments to three minutes.
VI. Public Hearings:
A. Jerry's Auto Body to consider request for Site Plan Review, Design Guideline
Review, and Conditional Use Permit for building expansion for a non-
conforming use within the B -4, Limited Business District related to an
accessory building expansion for trash enclosure relocation, located at 13601
60 St. N. (2)
B. Doug Corblick to consider requests for Side -yard Setback Variance and
Building Location and Conditional Use Permit for Two Accessory Structures,
related to construction and placement of a playhouse /tool shed accessory
building, located at 1547158 th St. N. (3)
VII. New Business:
VIII. Old Business:
IX. Informational:
A. Upcoming Planning Commission Meetings
March 12, 2009 7:00 p.m. (Council Chambers)
April 12, 2009 7:00 p.m. (Council Chambers)
B. Council Representative February —Commissioner Powell
March — Chair Liljegren
April — Commissioner Bye
X. Adjournment.
ENCLOSURE 1 "�
1.
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
Thursday, January 8, 2009
Call to Order & Welcome New Commissioner Jennifer Bye: Chair Liljegren called the
meeting to order at 7:00 p.m. Present: Commissioners Bye, LeRoux, and Powell; City
Administrator Johnson, City Planner Richards and Commission Liaison Abrahamson. Absent:
Vice -Chair Wasescha.
Chair Liljegren welcomed Jennifer Bye to the Commission and noted that she was filling the
remaining portion of outgoing Commissioner Mike Runk's term, who was elected to City
Council, plus a full 3 -year term appointment.
Agenda Approval:
Commissioner Powell, seconded by Commissioner LeRoux, moved to approve the Agenda as
presented. Carried 4 — 0.
Approve Minutes of December 11, 2008: Chair Liljegren, seconded by Commissioner Runk,
moved to approve the Minutes as presented. Carried 4 — 0.
Department /Commission Liaison & Other Reports: None.
City Administrator Johnson informed the Commission that CD's of the Comprehensive Plan had
been placed at their seats for them and that paper copies could be prepared for them if they
preferred.
Visitors /Public Comment: None.
Public Hearings:
A. New City Hall Construction to consider requests for Site Plan Review, Design Guidelines
Review, and Conditional Use Permit for building height, outdoor storage and proof of
parking regarding construction of a new Oak Park Heights City Municipal building, located
at 14168 Oak Park Blvd. N.
City Planner Richards reviewed the December 30, 2008 planning report as to the request,
providing an issue analysis and discussing the same. Richards concluded with a favorable
recommendation, subject to conditions, which he also discussed.
Chair Liljegren opened the hearing for public comment.
Randy Engle of Buetow & Associates introduced himself as the architect to the project,
representing the City and the people of Oak Park Heights. Mr. Engle addressed the Commission as
to the site plan and the choices made by the Design Committee. He discussed aspects to the
project, including building location, design, materials, and amenities.
Planning Commission Minutes
January 8, 2009
Page 2 of 3
Mr. Engle responded to inquiry from the Commission and discussed with them the issues related
to the generator location and its anticipated use, MPCA standards for the generator, energy saving
and LEED standards, costs associated with LEED certification documenting, energy saving and
green aspects of the building design and construction, the use of geothermal heating and cooling
potential, security and lighting of the impound lot, rotunda lighting and glass related to energy
consumption.
Commission discussion ensued as to LEED rating and associated costs, and energy saving and green
aspects of project. City Administrator Johnson noted that Michael Lueth, the associated working
wit Randy on the project, is a LEED certified architect and has been working LEED aspects into the
project throughout the design process.
Commissioner LeRoux, seconded by Chair Liljegren, moved to recommend City Council approval of
the request subject to the conditions noted within the December 30, 2008 planning report, as
amended. Specifically that:
The City Council shall approve the final materials and colors of the fencing and gates for the
City impound lot and the Public Works storage area.
2. The driveways and traffic circle design shall be subject to review and approval of the Police
Chief and the Fire Marshall.
3. The stormwater plan for the project shall be subject to review and approval of the City
Engineer and the Middle St. Croix Watershed Management Organization.
4. The utility plan shall be subject to review and approval of the City Engineer.
5. The trash /generator enclosure shall be moved approximately five feet to the west in order
to allow additional landscaping. The final location of the enclosure is subject to the
location of the fiber optic line.
6. The City Council shall approve the final fixture design for the parking lot lights. The
concrete base heights shall be minimized to less than one foot in height.
7. The City Council shall consider options for the two traffic circle islands, including trees,
landscaping, flag poles, or public art piece.
The traffic circle bollards shall be of a decorative design.
The City Council shall determine the final building design, materials and color selection.
10. The landscape plans shall be subject to review and approval of the City Arborist.
11. Any additional signage proposed for the site or buildings shall be subject to review and the
approval of City staff.
Planning Commission Minutes
January 8, 2009
Page 3 of 3
12. The electric generator shall comply with all MPCA standards for noise. Upon installation,
any noise issues shall be mitigated by the City with appropriate sound buffering.
Carried 4 — 0.
New Business: None.
Old Business: None.
Informational:
A. Upcoming Planning Commission Meetings
February 12, 2009 7:00 p.m. (Council Chambers)
March 12, 2009 7:00 p.m. (Council Chambers)
B. Council Representative January — Commissioner LeRoux
February — Commissioner Powell
March — Chair Liljegren
Adjournment: Commissioner Powell, seconded by Commissioner Bye, moved to adjourn
the meeting at 8:01 p.m. Carried 4 — 0.
Respectfully submitted,
Julie A. Hultman
Planning & Code Enforcement Officer
Approved by the Planning Commission:
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
ENCLOSURE 2 ' 0
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: February 4, 2009
RE: Oak Park Heights — Jerry's Auto Body Conditional Use Permit for a
Storage Addition /Design Guidelines Review, 13601 60 Street North
FILE NO: 798.02 — 09.01
BACKGROUND
Gerald Schoenecker of Jerry's Auto Body has requested a conditional use permit to
construct a building addition on the accessory building at 13601 60 Street North. The
addition would be on the east side of the accessory building and would house trash,
recycling, and parts storage.
The subject site is zoned B -4, Limited Business District in which auto body shops are
neither a listed permitted or conditional use. Jerry's Auto Body is a non - conforming use.
The Zoning Ordinance allows expansion of structures for a non - conforming use by
conditional use permit.
Attached for reference:
Exhibit 1:
Aerial Photo of Site
Exhibit 2:
Site Plan
Exhibit 3:
Elevation Diagram
Exhibit 4:
Elevation Diagram
Exhibit 5:
Site Photos
ISSUES ANALYSIS
Project Description. The applicant proposes to replace the existing trash dumpster
enclosure with an expansion of the accessory building that is currently located on site.
The current trash storage area is located at the southeast corner of the site. It will be
removed if the conditional use permit is approved for the building expansion. The
applicant had begun construction on the building addition but was stopped by the City
pending approval of the conditional use permit.
The applicant proposes to use the storage area for trash /recycling and parts storage.
The space will be unheated and not accessible from the interior of the accessory
building.
Comprehensive Plan. The Comprehensive Plan Land Use Map designates this area
for commercial land use. The auto body shop is considered more of a business park or
light industrial use, but the business is a grandfathered non - conformity.
Zoning. The property is zoned B -4, Limited Business District in which auto body shops
are neither a permitted or conditional use. Section 401.15.A.10.b allows lawful non-
conforming commercial structures to be expanded on the same lot by conditional use
permit. The criteria for allowing such a conditional use is follows:
1) Expansion of building found to be non - conforming only by reason of height and
setback are exempt from requiring a conditional use permit and may be approved
by the Zoning Administrator.
The use of the site and building is non - conforming, thus requiring a conditional
use permit.
2) Except for the above, the expansion will not increase the non - conformity of the
building or site.
The non - conformity of the building or site is not being increased. The building
will replace an existing trash enclosure. The building addition is within the
allowable setbacks for an accessory structure in this district.
3) The new building expansion will conform with all applicable performance
standards of this Ordinance. A conditional use permit shall not be issued under
this section for a deviation from other requirements of this Ordinance unless
variances are also approved.
No other variances are required. The building addition will comply with all
setback, height, and other performance requirements.
4) The request for conditional use permit shall be evaluated based on standards
and criteria set forth in Section 401.03.A.7 of this Ordinance.
In this section, the Planning Commission and City Council are directed to
consider the possible adverse effects of the proposed use based upon the
following factors:
a. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
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b. The conformity with present and future land uses in the area.
C. The environmental issues and geographic area involved.
d. Whether the use will tend to or actually depreciate the area in which it is
proposed.
e. The impact on character of the surrounding area.
f. The demonstrated need for such use.
g. Traffic generation by the use in relation to capabilities of streets serving
the property.
h. The impact upon existing public services and facilities including parks,
schools, streets, and utilities, and the City's service capacity.
i. The proposed use's conformity with all performance standards contained
herein (i.e., parking, loading, noise, etc.).
Comment Our office has evaluated the above criteria and determined that the
building addition sufficiently meets these requirements. There should be no
adverse impact with this minor building addition.
Design Guidelines. The building will be finished in the same white metal siding as the
existing accessory building. The existing accessory building is not consistent with
Design Guidelines and it is not reasonable to require this minor addition to be
constructed with the materials required within the Guidelines. Additionally, a significant
building investment for a non - conforming use is not advisable.
CONCLUSION / RECOMMENDATION
Based upon the preceding review, City staff recommends that the conditional use permit
be approved with the following conditions:
1. The storage space shall be left unheated and be used only for storage and
trash /recycling receptacles.
2. There shall be no access from the storage area into the main portion of the
accessory building.
3. All activities on site shall be consistent with the City Code or as grandfathered
legal non - conformity.
4. The final building materials /finish on the building addition shall match the
accessory building subject to review and approval of City staff.
5. The existing trash dumpster structure shall be removed and the site restored to
parking area or as grass.
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NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@nacplanning.com
ENCLOSURE 3
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: February 5, 2009
RE: Oak Park Heights — Doug Corblick, 15471 58 Street North —
Variance for Side Yard Setback and Building Location,
Conditional Use Permit for Two Accessory Structures
FILE NO: 798.07 — 09.01
Doug Corblick of 15471 58 Street North has requested a variance for side yard
setback and building location and a conditional use permit for two accessory structures.
Mr. Corblick has constructed a playhouse /tool shed within the side yard setback area of
his lot and partially within property owned by Northern States Power Company (Xcel
Energy). Northern States Power Company has agreed to grant an Encroachment
Licensing Agreement to Mr. Corblick to allow the playhouse /tool shed to remain on their
property. The property is zoned R -1, Single Family Residential.
As you are aware, the Planning Commission, at their October 9, 2008 meeting,
recommended amendments to Section 401.15.D, Accessory Buildings, Uses and
Equipment to allow flexibility through conditional use permit versus variance review.
The changes that were recommended would eliminate the need for variances requested
by Mr. Corblick. If adopted, the conditional use permit process could be utilized to
address the setback and building location issues. The City Council, at their October 20,
2008 meeting, did not take action on the recommended amendments but asked that the
item be placed on a future meeting agenda.
The City Council would address these amendments at their February 24, 2009 meeting.
It seems reasonable to staff to hold on the requests by Mr. Corblick until after the City
Council takes action on the pending Zoning Ordinance amendments. If the City Council
agrees with the Planning Commission recommendation, Mr. Corblick would be
considered for three conditional use permits instead of the two variances and one
conditional use permit.
At their meeting on February 12, 2009, the Planning Commission should open the
public hearing and then recommend it be tabled to the March 12, 2009 meeting. By that
time, the City Council would have likely acted on the amendments to the accessory
building provisions of the Zoning Ordinance.
The application was received on January 7, 2009. On January 22, 2009, our office sent
a letter to Mr. Corblick indicating the City was taking a full 120 days for review of the
application. The City Council will need to make a final decision on this issue by the April
28, 2009 meeting.
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