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HomeMy WebLinkAbout2024-11-25 Planning Commission Meeting PacketCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Monday, November 25, 2024 6:00 P.M. Continued Meeting of November 14, 2024 Meeting Agenda. Meeting was continued due to the lack of a quorum. City Administrator Rife announced lack of meeting quorum for the November 14, 2024, meeting, stating that the meeting would be continued on Monday, November 25, 2024 @ 6:00 p.m. and that the live streamed meeting will be aired on the City YouTube Channel I. Call to Order / Pledge of Allegiance II. Approval of Agenda III. Approve August 8, 2024 Planning Commission Meeting Minutes (1) IV. Department / Commission Liaison / Other Reports V. Visitors/Public Comment This is an opportunityfor the public to address the Commission with questions or comments on issues that are or are not part of the regular Agenda. Please limit comments to three minutes in length. VI. Public Hearings A. Stillwater Area High School — 5701 Stillwater Blvd. N.: Review and consider application from Mark Drommerhausen on behalf of Stillwater Area High School for a Conditional Use Permit for an addition at the Stillwater Area High School building and for improvements to its stadium and athletic fields. (2) (2A) B. JACC Capital Holdings LLC — 5846 Stagecoach Trail N,: Review and consider application for a Comprehensive Plan Amendment to change the land use classification from Industrial use to Residential/Business Transitional use, Conditional Use Permits for building height, parking, and density bonus, and Design Guidelines/Site Plan Review for a proposed 6-unit condominium building. (3) (3A) C. Zoning Ordinance 401 Amendments: Review and consider amendments to Zoning Ordinance Chapter 400 Zoning and Land Use, Section 401 related to Cannabis and Hemp Businesses (4) VII. New Business VIII. Old Business IX. Informational A. Upcoming Meetings (5) B. Council Representative • Tuesday, November 26, 2024 — Commissioner Van Denburgh • Tuesday, January 14, 2025 — Commissioner Husby X. Adjourn. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, August 8, 2024 Call to Order/Pledge of Allegiance: Chair Van Denburgh called the meeting to order at 6:01 p.m. Present: Commissioners Kremer, Nelson and Van Dyke; City Administrator Rife and City Planner Richards, and City Councilmember Liaison Representative Liljegren. Absent: Commissioner Husby II. AApt2roval of Agenda: Commissioner Kremer, seconded by Commissioner Nelson, moved to approve the Agenda as presented. Carried 4 - 0. III. Al2groval of June 13, 2024 Meeting Minutes: Commissioner Van Dyke, seconded by Commissioner Kremer, moved to approve the revised Minutes as presented. Carried 4-0. IV. Department / Commission Liaison / Other Reports: City Administrator Rife reported on work being done in preparing the upcoming City budget and its process timelines. He invited anyone who may have questions about the city budget to reach out to him. Rife also reported that a lot of work is going on with the Well #3 project at Memorial Ave., near Kwik Trip, which is part of a federal grant received by the city. The project is planned for 2025 and is currently out for bids. Commission Liaison Liljegren noted that Washington County is expected to provide a presentation on the 581h St. roadway extension project at the August 27th City Council meeting and confirmed that it will be the only time they will be presenting in Oak Park Heights. V. Visitors / Public Comment: None. VI. Public Hearings: A. Kimberly Warner: Review and consider request for a Conditional Use Permit to allow short term rental transient lodging/Airbnb at 13891 56th St. N. City Planner Richards reviewed the July 31, 2024, Planning Memorandum to the request, provided some background as to the request, shared an issue analysis, and noted recommended conditions with an approval consideration, including off street parking. Brief discussion was had as to Airbnb operations within the City, that had been grandfathered at the time of ordinance regulations being adopted. It was noted that the Warner request would establish a precedence with it being the first Airbnb in the City to be considered through the City's Conditional Use Permit process. Planning Commission Minutes August 8, 2024 Page 2 of 6 Chair Van Denburgh opened the public hearing at 6:12 p.m. and invited public comment. Tim Sheridan — 13991 5611 St. N. is opposed to Airbnb/short-term rentals as they bring increased traffic and more strangers to the residential neighborhood. He does not want their neighborhood to become a rental community. Chair Van Denburgh acknowledge Mr. Sheridan's written comment as also having been received. Carrie Martell — 13 898 55th St. N. noted her home is behind the proposed site and that they are not necessarily in support of or opposed to the request, but sought more information such as how often is renting occurring and who is coming and going. Mrs. Martell noted that they have been good neighbors and added that the applicants house is closer to their back yard than it appears to be on the neighborhood image shared. When asked if she had noticed any issues within the past six months, while people had been renting at the home, Mrs. Martell indicated that she had not. Sue Clea — 13980 56th St. N. introduced herself as a resident of less than 10 years and that her home was a rental home prior to her purchase. She is aware of that situation not having been favorable and understands the apprehension felt by some of her neighbors. She added their block is very short with a cul-de-sac and added traffic is an ordeal, she does not like the idea of having a lot of strangers on her street and does not support the request. Chair Van Denburgh confirmed that the applicants were present and read written public comment into record: Lynn & Chris Diedrich - 13910 56`h St. N. who live across the street from the applicant. They expressed their opposition to the request and that it is too much traffic for their small street and quiet cul-de-sac. Anne Sheridan —13891 56th St. N. expressed opposition to the request, noting the business has already been in operation for six months and that she does not want to see increased traffic and strangers on their street. Jessica & Jonathan Marquardt —13915 56th St N. expressing that they live next door to the applicant and have not had any issue with guests coming and going, that there have been no incidences of noise or unwanted guests and that all parties have been respectful and quiet. Richards & Vickie Gacke —13964 50h St. N. expressed adamant opposition to the request, noting that the business has been in operation, that the neighborhood is zoned for single family use. They do not believe that short term rental is in the best interest of the neighborhood or the City, with increased traffic, some of who travel in excess of the posted speed limit. Planning Commission Minutes August 8, 2024 Page 3 of 6 Chair Van Denburgh allowed additional public comment from the audience. Chris Hendrickson — 13961 56th St. N. noted that she lives toward the upper end of the block and described her work and activities that are late night where she is aware of activity of her block overnight and early morning. Mrs. Hendrickson stated that she would have never guessed that an Airbnb was down the block, that she has not noticed an increase in traffic and has only encountered one guest while she was out walking. She has no opposition to the request. Keith & Kim Warner — 13891 56th St. N. introduced themselves as the applicants. Kim apologized for not having followed the proper order for doing things. Keith is a retired chef, and Kim has a background in hospitality. Mrs. Warner described the guests that they have had so far, described some of the traffic generated from their home including that from her family. She noted that all guests are screened and confirmed that they reside within the home at the same time they have guests. Keith noted that they do allow dogs; however, they are kenneled or leashed and do not run. They have had no issues with dogs. Joe McOuillan — 5558 Novak Ave. N. asked for clarification as to what was meant by the request as setting a precedent. Chair Van Denburgh and City Planner Richards clarified that it is a process following regulations by the Zoning Ordinance and discussed that requests for Airbnb's must meet criteria as established by the zoning ordinance and that among others, a distance of 500-feet from one Airbnb to another is required. City Planner Richards noted that the ordinance was adopted in July 2016, and this is the first request since that adoption. There being no additional public comment, Commissioner Kremer, seconded by Commissioner Van Dyke, moved to close the public hearing at 6:34 p.m. Carried 5-0. Commissioner discussion ensued as to the owner -occupied status of the request, numbers of guests per bedroom, traffic concerns, and how violations would be handled. Commissioner Nelson, seconded by Commissioner Van Dyke, moved to recommend City Council approve the request, subject to the amended conditions within the July 31, 2024, Planning Memorandum, specifically that: 1. The owner shall occupy the subject property while operating the transient lodging/short term rental unit and shall be required to maintain all required licensing, including a home occupation permit from the City of Oak Park Heights. 2. There shall be a limit of three (3) transient guests per bedroom for the transient lodging/short term rental unit. 3. Dining, if provided, and other facilities shall not be opened to the public but shall be used exclusively by the registered guests of the facility. 4. The guests shall be directed to utilize the driveway only and not park on the street. Planning Commission Minutes August 8, 2024 Page 4 of 6 5. Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offence and a citation on the second. Continued citations shall be grounds for the suspension or revocation of use permits by the City Council. 6. All transient lodging conditional use permits may be reviewed, including site inspections by the Building Official at any time. If violations of City Ordinance, Building Code, Fire Code, or conditions of approval are found, the City Administrator shall schedule a public hearing of the City Council to review the conditional use permit conditions. Upon review, the City Council may revise or cancel the conditional use permit. 7. Any applicable lodging or room tax, as established by City Ordinance, shall be paid by the owner of the property to the City. 8. Any other conditions of the Planning Commission, City Council and City Staff. Carried 4-0. B. Alchemy Sound & Vision/Paul Larson: Review and consider request for a Conditional Use Permit to allow Alchemy Sound & Vision to operate an office/service use within a R-B, Residential -Business Transitional zoning district at the Eastern corner of O'Dell Ave. N. & 60thSt. N., to be known as 5963 O'Dell Ave., N. City Planner Richards reviewed the August 1, 2024, Planning Report to the request, for an audio-visual installation company, provided an issue analysis, and noted conditions recommended with an approval consideration. It was clarified that the Commission is tasked with reviewing regarding the use and building design only for this request. Chair Van Denburgh opened the public hearing at 6:55 p.m. and invited the applicant to address the Commission. Paul Larson, introduced himself as the applicant, thanked the Commission for their consideration. He stated that he has been in Minneapolis since 2008 and is looking forward to relocating closer to home. Mr. Larson responded that he would place a bike rack and that the proposed fencing should serve to block lights at nighttime. He responded to questions from the Commission as to site traffic, noted that he held a 4 p.m. to 6 p.m. neighborhood meeting at the site but did not have any visitors stop, and discussed how the building was planned to be used. Commissioner Kremer, seconded by Commissioner Nelson, moved to close the public hearing at 7:00 p.m. Carried 4-0. Commissioner Kremer noted comment from Commissioner Husby that he did not feel that the bike rack should be a requirement. Commission discussion concurred that the placement of a bike rack should be at the discretion of the applicant. Chair Van Denburgh wanted to be sure there was a solid plan for the landscaping that includes quick and long- term growing planting/trees that will be adequate for the site and screening. Planning Commission Minutes August 8, 2024 Page 5 of 6 Commissioner Kremer, seconded by Commissioner Nelson, moved to recommend City Council approve the request, subject to the conditions in the August 1, 2024, Planning Report, as amended, specifically that: The Conditional Use Permit for Office/Service use applies to all tenants of the building. Any other use of the building not compliant with the provisions of the R-B District will require review and possible Conditional Use Permit. 2. No retail sales or outdoor storage of materials or goods shall be allowed. 3. The utility plan shall be subject to City Engineer review and approval. The grading and drainage plans shall be subject to the review and approval of the City Engineer and the Middle St. Croix Watershed Management Organization. 4. The traffic study is subject to review and any conditions of the City Engineer. 5. All noise generated from the business shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. The service doors to the building shall always be closed except when vehicles are moved in and out of the service entrances. 6. A revised lighting plan shall be provided for City Staff review and approval. All lighting fixtures shall be full cut off and installed in compliance with the lighting standards of the Zoning Ordinance. A revised photometric plan shall be provided that is compliant with the Zoning Ordinance. The total height of the ground mounted light fixtures shall not exceed 25-feet. 7. The outdoor lighting shall be turned off one hour after closing, except for approved security lighting. 8. The landscape plan is inadequate to provide screening of the building and parking for the properties to the east. A fence should be included on the east and south sides of the parking lot so that headlights are not an issue for the surrounding houses. Additionally, landscaping should be provided as part of the screen. A revised landscape plan will be required, subject to City Arborist review and approval. All tree removal and replacement shall be subject to City Arborist review and approval. 9. Mechanical equipment that is located on the roof or visible from street level or from neighborhood properties shall be screened with materials that blend harmoniously with the building fagade materials. 10. Trash and recycling storage shall be internal to the building. 11. All signage shall be subject to final review and approval of City Staff for conformance with Zoning Ordinance standards. The sign lighting should be designed such that only the text and logo portions of the signs are to be lit at night. Staff shall approve the lighting specifications for signs at the time of permitting. Planning Commission Minutes August 8, 2024 Page 6 of 6 12. The Planning Commission was favorable to the building design, materials and colors. 13. The site plan shall be subject to the review and approval of the Fire Marshal. Carried 4-0. VII. New Business: None. VIII. Old Business: None. IX. Informational: A. Upcoming Meetings: Noted. B. Council Representative: ■ Tuesday, August 27, 2024 — Commissioner Van Dyke • Tuesday, September 24, 2024 — Commissioner Nelson X. Adjourn: Commissioner Kremer, seconded by Commissioner Nelson, moved to adjourn at 7:07 p.m. Carried 4-0. Respectfully submitted, Julie Hultman Planning & Code Enforcement Approved by the Planning Commission: &c6uw . 2A Dear Planning Commission for the City of Oak Park Heights, I am writing in regards to the notice received regarding the Conditional Use Permit request submitted by the Stillwater Area High School. It requests an addition to the school building, and improvements to it's stadium and athletic fields. It is impossible to comment on what they are requesting since no plans or details were submitted with their request. Concerns I and neighbors have are: 1) Lighting— when the lights in the stadium are on, they light up our entire neighborhood and the interior of our homes. Some kind of shielding should be required to be incorporated into the stadium improvements to mitigate this. I believe the city's codes requires this, reference 15-8 2) a, b, c. Also referenced are the hours that lighting can be used 15-9 3) a. No illumination after 11:00 PM. There have been nights the lights have been on after 11:00 PM and also nights they have been on all night! 2) Noise — We anticipate crowd noise at a football, soccer, baseball, or other event. But the excessive, incredibly loud speakers should be controlled. When we sit in our homes and cannot hear our tv's due to excessive noise from the fields there is something wrong. Making sure the noise is in compliance with NPC 7010 might be something that should be considered before a CUP is issued. 3) Traffic —This is something that the city may not be able to directly address, but increased traffic is a safety issue that should be considered before any decisions are made. Hopefully these issues will be addressed in any plans the school has in it's improvements request, and the improvements will be mutually acceptable to us as neighbors. For example, if a zoning ordinance says a conditional use should not have adverse -visual car_ not 'm acts on d jacentpmpaM, a city might require specific screening and landscaping conditions to address any potential impacts established in the record. (httns: lmc arg/reso-urcesjland-use-conditional--pg!rmiLSZ) Respectively submitted, Gregory Kunz 12820 53rd St N Stillwater, MN 55082 greg@thekunzgroup.com RECEIVED NOV 14 2024 Members of the Oak Park Heights Planning Committee, I want to express my strong opposition to the proposed zoning changes and conditional use allowances (including building height, parking, and density bonus) for a six -unit condo building in the currently empty lot at 5845 Stagecoach Trail N. across from my home. I believe, if zoning changes and conditional use allowances were approved, this building will have a detrimental impact to our neighborhood for the following reasons: Population Density and Infrastructure The proposed building could add 6-24 residents on just a third of an acre, more than doubling the population density of this one block area, where only four single-family homes are currently across from 5845 Stagecoach. Is the existing infrastructure sufficient for such a development? The area lacks sidewalks and street parking, and narrow side streets can make it hard to get around parked cars. Can the existing water and sewer lines handle increased demand? The size of the building and lot raises concerns regarding practicalities: Where would residents park? Where would garbage and recycling facilities go, and could garbage trucks access them? In winter, would snowplows have enough room to maneuver and bank snow? Traffic, Safety, and Parking Speeding traffic frequently comes around the blind curve at the top of Stagecoach Trail N., creating a dangerous situation for vehicles pulling in and out of the lot at 5845 Stagecoach, as oncoming cars suddenly appear. This spot poses a serious safety risk, especially with increased traffic, raising the likelihood of accidents. Cyclists and pedestrians using Stagecoach's shoulder to access the bike path along Highway 95 are especially vulnerable. Additionally, with no street parking along this section of Stagecoach, overflow parking would congest nearby side streets like 581h St N. and Penrose Ave. N., potentially blocking our driveways and mailboxes. Character of Historic Neighborhood The majority of homes facing 5845 Stagecoach were built pre-1900 by one of the original St. Croix Valley lumber barons. I'm proud to live in and maintain the legacy of a historic home, full of period charm. I purposefully bought in this neighborhood to enjoy the character and be among similar homes; if I wanted to look at an apartment building, I would've stayed in Minneapolis. The heritage of our neighborhood makes this corner of Oak Park Heights special and worth preserving. There's no precedent in the surrounding area for a building of this proposed size and function; it's totally against the character of our historic neighborhood. Privacy and Peaceful Environment As a copywriter, my productivity and professional success depend on the quiet, focused environment that working from my home provides. The rooms of my home in which I spend the most time —my home office, my living room, my bedroom —all overlook 5845 Stagecoach. The extent to which the peaceful enjoyment of my home and properly would be negatively affected by lengthy construction and the increased distraction of so many occupants so close by cannot be RECEIVED NOV 14 2024 L cuv� a� � - +� o Ema _ 4mJ O ra ra Q 7 O N tE -c rQ - U O E C O ~ d O t= C N O C I— 4-0+� W cn L =' Q Op U) ai r I z LU LU Ln > wzoc ocw • 0U-2I-oa. LL a2z�oo J J �z N J 0 - F- Ln Ln pUz L.=00� 3JU Fwoc w C7 =Q~a Uul� L.ULJ �UopF- �QLnU) o z O Q Q CL <_ce �aU- 1-4 >z .0 N O �bGi wwgz LU >-ov~i� �aa� 13 C a ?� N C*j O= CD ao O� o a � N K IM o = o' O O U. C fll N O 7 0 W a OL a .0 o = C o C) a o O u L � a Ln .y m n C y + a = a'E u c.cmE O D .O > A r6 4 M y > L V� C +� a y 4-J 1-C VLN0��o.°-c a i.+ i V ._ 4E y .- ~ W Q w - w Q H LU Qzl Naha` LU XOC,4 o (l—) o� { N(n [ O a, 0 0o � N O 0 a � � 0 ' � o +� 0 M O o Vj- ao ti N 0 o o a 0 to 0 0 0 tv o o r, fO ,--1 -d9- X0 0 0 N N d" �n L Ln N z 7-1 r-1 ,-1 � AA- 4d�- M - N N • N &cUujw S CITY OF OAK PARK HEIGHTS CITY COUNCIL & COMMISSIONS MEETINGS & WORKSESSIONS All meetings take place at City Hall unless otherwise noted Monday, November 25 6:00 p.m. Continued Planning Commission Meeting Tuesday, November 26 6:00 p.m. City Council Meeting Tuesday, December 10 6:00 p.m. City Council Meeting Thursday, December 12 6:00 p.m. Planning Commission Meeting Monday, December 16 5:30 p.m. Parks and Trails Commission Meeting POLICY NOTE: Items in red are expected to be SOCLIL EVENTS and not an official City Council meeting. No official action or discussion may be undertaken by City Council Members who may attend such events. The City is listing such events so as the public is generally aware that there may be occasions when City Council members may desire to attend functions that are purely social events.