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HomeMy WebLinkAbout03-12-2009 Planning Commission Packete . CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, March 12, 2009 7:00 p.m. — City Hall Council Chambers I. Call to Order II. Adjourn to Annual Meeting III. Call Annual Meeting to Order (1) A. Declaration of Commissioners LeRoux and Powell, Whose Terms End May 31,2009, Regarding Reappointment B. Election Chair & Vice Chair IV. Adiourn Annual Meeting & Reconvene Regular Meeting V. Agenda Approval VI. Approve Minutes of February 12, 2009 (2) VII. Department / Commission Liaison / Other Reports VIII. 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. IX. Public Hearings A. Continued - 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 St. N. * ** City Council to discuss at their March meeting — matter to be continued to April Planning Commission meeting. X. New Business XI. Old Business XII. Informational A. Upcoming Planning Commission Meetings April 12, 2009 7:00 p.m. (Council Chambers) April 9, 2009 7:00 p.m. (Council Chambers) B. Council Representative March — Chair Liljegren April — Commissioner Bye May —Vice Chair Wasescha XIII. Adjournment. City of Oak Park Heights E NCLOS URE 1 .a Memo To: Planning Commission From: Julie Hultman 1�4 Date: March 6, 2009 Re: Annual Meeting: Commissioner Terms and Officer Election Commissioner Terms: Jennifer Bye: Currently completing Mike Runk term to May 31, 2009 and was appointed for first full three year term culminating May 31, 2012. Chuck LeRoux: Currently completing first full term, culminating May 31, 2009. Mike Liljegren: Currently completing second full term, culminating May 31, 2010. Mark Powell: Currently completing first full term, culminating May 31, 2009. Warren Wasescha: Currently completing second full term, culminating May 31, 2010. Commissioners LeRoux and Powell, both are completing their first full 3 -year terms as Planning Commissioners may seek reappointment. Letters were delivered to both Commissioners as to their terms culminating May 31, 2009, noting that they will be requested to declare whether or not they wish to seek reappointment at the Annual Meeting on March 12, 2009. Election of Chair and Vice Chair Attached for your convenience are the Planning Commission Bylaws. Please refer to Planning Commission Bylaws Article 4 Officers. Duties and Election of Officers section D, which states: "Terms. The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice - Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting." Mike Liljegren is currently serving his first full term as Chair (2007 -2009) and has served one full term as Chair (2005- 2007). In accordance with Article 4, Mike may be re- elected to either Chair or elected as Vice Chair, should the Commission desire. Warren Wasescha is currently serving his first full term as Vice Chair (2007- 2009). In accordance with Article 4, Warren may be re- elected to a second term as Vice Chair or be elected as Chair, should the Commission desire. Y „.0 City of Oak Park Heights Commissioners Bye, LeRoux and Powell have not served in the capacity of Chair or Vice -Chair and may be elected to either position should the Commission desire. Naturally election of Commissioners LeRoux and Powell is subject to their intent to seek Commissioner reappointment. With the above information, I respectfully request the following Commission actions: (1) That Commissioner Chuck LeRoux and Commissioner Mark Powell declare their intentions to resign or seek reappointment; and (2) Recommendation be made to the City Council as to reappointing those Commissioners seeking reappointment to the Planning Commission for a 3 year term, commencing May 31, 2009 and ending May 31, 2012; and (3) If appropriate, direction to advertise for Commission vacancies, with an application deadline being established; and (4) If advertisement directed, scheduling of a date and time for Commission applicant interviews and Commissioner volunteer(s) designated to partake in the interview process; and (5) That the Commission nominates and elects a Chairperson and a Vice - Chairperson to take office at this annual meetings conclusion, reconvening the regular meeting and to continue in their respective elected role until the March 2011 annual meeting. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION BYLAWS ARTICLE 1 - ORIGIN AND POWERS A. Authorization. The City is authorized and empowered to establish a Planning Commission by the provisions of Minnesota State Statutes 462.354. B. Establishment. The Planning Commission was created in an advisory capacity by action of the Oak Park Heights City Council on April 14,1998 by the adoption of Ordinance 210 and the amendment of Section 401, the Oak Park Heights Zoning Ordinance. ARTICLE 2 — DUTIES AND OBJECTIVES A. Advisory Capacity. The Planning Commission is designed to serve in an advisory capacity to the Oak Park Heights City Council. B. Objectives. The objectives of the Planning Commission are to make recommendations to the City Council which will guide the development of land, services and facilities within the City, so as to promote the public health, safety and general welfare. C. Public Hearings. The Planning Commission shall hold public hearings for variances, conditional use permits, subdivisions, PUD permits, and other applications to the City in accordance with the City Zoning Ordinance and shall make recommendations on said applications to the City Council. D. Special Public Hearings. The Planning Commission may hold such public information hearings as the City Council deems necessary and may make recommendations on applications for building permits or site plan review when requested by the City Council. ARTICLE 3 — MEMBERSHIP A. Voting Members. The Planning Commission shall consist of five citizen members who are eligible voters residing within the Oak Park Heights City limits and who are appointed by the City Council. B. Ex- Officio Members. There shall be a City Council person designated by the s Mayor, with the consent of the City Council, to be a liaison to the Planning Commission. Such City Council person shall serve without voting power and in a capacity as ex- officio to the Planning Commission. The Mayor, with the consent of the City Council may also appoint non - voting, ex- officio members to represent other groups or organizations from the community. *C. Terms. The five members of the Planning Commission shall be appointed by the City Council. All such appointments shall initiate and be established by resolution of the City Council. The term of each member shall be for three years with initial terms being staggered by the City Council resolution of appointment. Unless extended by special order of the City Council for a period of one year, no member shall serve more than two consecutive terms on the Planning Commission. *D. Absenteeism. If any voting member fails to attend three consecutive meetings or a total of four meetings (or 25 percent) during the calendar year, the City Council shall be notified with a recommendation by the Planning Commission. Planning Commissioners shall notify the Chairperson or City staff when an absence if anticipated. E. Removal. Any member of the Planning Commission may be removed at any time by a four- fifths (4/5) vote of the City Council with or without cause. F. Compensation. Compensation of Planning Commission members as selected by the City Council shall serve without compensation except as otherwise established by resolution of the City Council. G. Training. The Chairperson and the City staff shall meet with each new Planning Commissioner to explain Planning Commission procedures. Within the first year of appointment, each new Planning Commissioner shall attend a Government Training Service, Planning Commission training session at City expense. H. Resignation. A member who wishes to resign shall submit a written resignation to the Chairperson, who shall in turn forward the same to the City Council. I. Vacancies. Vacancies occurring within the Planning Commission shall be filled for the balance of the appointment by the City Council. * Amended June 6, 1999 0 ARTICLE 4 — OFFICERS, DUTIES AND ELECTION OF OFFICERS A. Officers. The officers of the Planning Commission shall be Chairperson and Vice - Chairperson. B. Duties of the Chairperson. The Chairperson shall preside at all meetings, appoint Planning Commission members to committees, appoint Planning Commission representatives, rule on procedural questions (subject to reversal by a two - thirds (2/3) vote of those members in attendance), meet with all newly appointed members, exercise the same voting rights as other Planning Commissioners and carry out such other duties as are assigned by the Planning Commission or by the City Council. C. Duties of the Vice - Chairperson. The Vice - Chairperson shall act in the absence or inability to act of the Chairperson, and in such instances shall have the powers and functions of the Chairperson. D. Terms. The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice - Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting. E. Vote. Candidates for office receiving a majority vote of the entire membership (three- fifths (3/5)), shall be declared duly elected. F. Date of Office. Newly elected officers shall take office at the annual meeting in March. G. Vacancies. Vacancies occurring in the offices of the Planning Commission shall be filled immediately by the above election procedure. ARTICLE 5 — MEETINGS *A. Annual Meeting. An annual organizational meeting shall be held the second Thursday in March of each year. Election of officers shall be conducted at that time. *B. Regular Meetings. Regular meetings of the Planning Commission shall be held at 7:00 PM on the second Thursday of each month in the City Hall Council Chambers. The regular meeting date of the Planning Commission may be changed by resolution of the City Council. * Amended December 28, 1999 3 C. Special Meetings. Special meetings may be called at the discretion of the Chairperson, after consultation with City staff. D. Notice of Meetings. Notice in writing of all regular and special Planning Commission meetings, setting forth the time, place and agenda of such meetings, shall be mailed by the City staff to all Planning Commission members at least five days in advance of each meeting. E. Site Investigation. Prior to each meeting, all Planning Commission members shall endeavor to visit any properties to be discussed at the meeting. F. Planning Commission Representative at City Council Meetings. Each Planning Commission member shall in turn represent the Planning Commission at regular City Council meetings. ARTICLE 6 — PRE - MEETING PROCEDURES A. Agenda. The agenda for each meeting of the Planning Commission shall be developed in writing by the City staff and shall be available at the City Hall prior to each meeting. B. Withdrawal. If a petitioner or applicant desires to withdraw a matter from an agenda, such request must be submitted to the City staff in writing, and if any public notice has been given, all persons appearing at the noticed hearing on said petition or application shall be entitled to be heard. A. Time. The time of each public hearing shall be stated on the agenda, and no hearing may begin before this time. Each hearing shall begin as soon as possible after this time. B. Presentation. If a public hearing is required for a request by a petitioner, the petitioner or an appointed representative shall state the request, explain the proposal and answer questions of the Planning Commissioners. If no petitioner is involved, the Chairperson or the City staff member shall explain the purpose of the hearing. The Chairperson may impose reasonable restraint upon the number of times one individual may speak. ui C. Termination of Hearing. The Chairperson may close a public hearing after hearing those present who care to speak, or any member may move to continue the public hearing until a specified date. If a hearing on the petitioner's request is closed, the Planning Commission shall make a recommendation to the City Council within 30 days following the close of the hearing. If a hearing is continued, mailed notices of the continuation may be requested by any voting member. ARTICLE 8 — MEETING PROCEDURES A. Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern the meeting procedure. B. Quorum. A majority of the voting membership (three- fifths (3/5)) shall constitute a quorum for meeting purposes. C. Conflict of Interest. Whenever a Planning Commission member shall have a direct or indirect personal or financial interest in an application or petition before the Planning Commission, that member shall declare such interest and excuse himself /herself from the discussion and vote. D. Agenda. The order of business at regular meetings generally shall be as follows: 1. Call to order. 2. Roll call of members. " 3. Approval of the minutes of the previous meeting. 4. Public hearings. 5. Informational hearings. 6. Old business. 7. New business. 8. Adjournment. E. Appearance of Petitioner. No application or petition shall be given final approval unless the applicant or petitioner appears personally or by representative at the hearing called thereon, or unless he /she makes satisfactory explanation or presentation in lieu thereof. F. Tabling. A tabling motion, if passed, has the effect of laying a matter over until the next regular meeting, unless otherwise specified. 5 G. Reports. Any matter may be tabled for a technical report or study which the Planning Commission may make or request of the petitioner, the City staff, the City Attorney, the City Engineer or other sources. Such report shall be presented to the City staff for forwarding to the Planning Commission at least five days prior to the meeting at which said matter will be heard again. H. Non - Agenda Matters. No binding or final action may be taken on any matter not on the written agenda except by unanimous vote of the members in attendance or four - fifths (4/5) vote of the entire membership. ARTICLE 9 — COMMITTEES A. Planning Commission Committees. The Planning Commission may establish committees of its own membership for a specific purpose and duration. B. Ad Hoc Committees. The Planning Commission may request that the City Council appoint other members of the community to Ad Hoc Commission committees, which may be created by the Planning Commission for a specific purpose and duration. At least one voting member of the Planning Commission also shall be appointed to each such committee. ARTICLE 10 — RECORDS A. Minutes. The City shall supply a secretary at all regular and special meetings of the Planning Commission who shall be responsible for taking full and complete minutes and record all such meetings. The City staff shall be responsible for keeping a record of all Planning Commission resolutions, transcriptions, minutes and findings. B. Open Meetings. All meetings shall be a matter of public record. S:Shared /Planning /Bylaws N EIVGLosuRE 2 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, February 12, 2009 Call to Order: Vice -Chair Wasescha 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: Chair Liljegren. Agenda Approval: Commissioner Powell, seconded by Commissioner Bye, moved to approve the Agenda as presented. Carried 4 — 0. Approve Minutes of January 8, 2009: Vice -Chair Wasescha, seconded by Commissioner Bye, moved to approve the Minutes as presented. Carried 4 — 0. Department /Commission Liaison & Other Reports: None. Visitors /Public Comment: None. 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. City Planner Richards reviewed the February 4, 2009 planning report as to the CUP request to construct an addition to an accessory building at his business, to relocate his existing trash and recycling enclosure and to store parts. Richards provided an issue analysis and discussed items to the request and recommended conditions. Vice -Chair Wasescha opened the hearing for public comment. There being no visitors to the public hearing, Wasescha closed the hearing and asked for Commission Comment. Brief discussion was held as to the use of the structure and current location of existing trash enclosure. Vice -Chair Wasescha, seconded by Commissioner Bye, moved to recommend City Council approval of the request subject to the conditions noted within the February 4, 2009 planning report, specifically that: 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. Planning Commission Minutes February 12, 2009 Page 2 of 3 3. All activities on site shall be consistent wit 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 enclosure shall be removed and the site restored to parking area or as grass. Carried 4 — 0. 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. City Planner Richards reviewed his February 5, 2009 memo as to the request noting that the Commission had recommended, on October 9, 2008, that the City Council amend City Zoning Ordinance 401.15.1), Accessory Buildings, Uses and Equipment to allow flexibility through conditional use permits versus variance review. Richards further noted that the City Council had not yet taken further action on the recommendation but that the matter is on their February 24, 2009 meeting Agenda and suggested that as their decision would affect the type of request as the applicant's, it seemed reasonable to hold Mr. Corblick's request until the March meeting of the Planning Commission. Commissioner LeRoux, seconded by Commissioner Bye, moved to hold the request to allow the City Council review of the ordinance amendment and continue the hearing to the March Planning Commission meeting. Carried 4 — 0. New Business: None. Old Business: None. Informational: A. Upcoming Planning Commission Meetings March 12, 2009 7:00 p.m. (Council Chambers) April 09, 2009 7:00 p.m. (Council Chambers) B. Council Representative February — Commissioner Powell March — Chair Liljegren April — Commissioner Bye Planning Commission Minutes February 12, 2009 Page 3 of 3 Adjournment: Commissioner Powell, seconded by Commissioner Bye, moved to adjourn the meeting at 7:14 p.m. Carried 4 — 0. Respectfully submitted, Julie A. Hultman Planning & Code Enforcement Officer Approved by the Planning Commission: