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HomeMy WebLinkAbout02-12-2004 MinutesZIA, CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, February 12, 2004 Call To Order Chair Dwyer called the meeting to order at 7:00 p.m. Present: Vice Chair Runk, Commissioners Liljegren, Oswald and Powell. City Administrator Johnson, City Planner Richards and Coininission Liaison McComber. Approval of Agenda: Commissioner Runk, seconded by Commissioner Powell, moved to approve the Agenda presented. Carried 5 -0. Approve Minutes: Chair Dwyer, seconded by Commissioner Liljegren, moved to approve the Minutes of January 8, 2004 as amended, correcting typographical errors. Carried 5 -0. Department /Commission Liaison Reports /Other Reports A. Commission Liaison None. B. Hwy. 36 Subcommittee Commission Liaison McComber reported that there is not yet a date set for a Hwy. 36 TAG meeting. McComber also reported that die next meeting of the stakeholders for the St. Croix River crossing is to be held February 24th from 9 a.m. to 4 :30 p.m. at Stillwater City Hall. C. Other: None. Visitors /Public Comment There were no visitors to the meeting other than those present for items upon the published Agenda. Public Hearings A. S &C Bank To consider requests for minor subdivision and planned unit development amendment to permit division of existing building located at 5795 Morning Dove Ave. N., into two privately owned office condominiums. (2) City Planner Richards reviewed the February 5, 2004 planning report, provided an issue analysis and recommended conditions for approval, should the Commission wish to recommend approval of the request. Chair Dwyer opened the hearing for comment. There being no visitors to the public hearing, Commissioner Liljegren, seconded by Commissioner Oswald, moved to close the public hearing. Carried 5 -0. Commission discussion ensued as to signage allowance at the site. Vice Chair Runk, seconded by Commissioner Oswald, moved to recommend that the City Council approved the request, subject to the following conditions: The applicant produce either a title opinion or a title commitment or other verification of the status of current title, depicting current fee owner and outstanding liens and encumbrances against the building property subject to review and approval of the City Attorney. Planning Commission Minutes February 12, 2004 Page 2 of 4 2. The applicant supply mylars relative to the Common Interest Community #235 that they wish to create, with appropriate places for signatures of current owner and encumbering interest against the property, in addition to the other statutory executions that need to be on that plat. The plat shall be subject to review and approval of the City Administrator and City Attorney. The applicant has informed us that, notwithstanding the condominiuinization of the building, they do not intend to have separate utilities to Unit 101, which is being created by the condominium and minor subdivision application. Thus, a condition of the application will have to be that the fee owner of Unit 100 and their successors, heirs and assigns will be directly responsible to the City of Oak Park Heights for payment of all outstanding utilities relative to the property, it being understood that the City will not have to create a separate billing entity or item for Unit 101, within its database, for utility billings. 4. The applicant shall provide a completed, fully executed copy of a Common Interest Community #235 declaration, in substantially the same form as provided to the City, as part of the final permitting, subject to approval of the City Attorney. That document will also have to be amended to reflect that all utility billings for the City of Oak Park Heights will be billed directly to Unit 100, who will then prorate or collect from Unit 101, its fair share of such billings. Not withstanding that process, Unit 100 will be solely and exclusively responsible to the City of Oak Park Heights for payment of all municipal utility billings incurred on the premises. .Any changes to the signage shall require submittal of a sign permit, subject to review and approval of the Building Official. The landscaping shall be inspected by the City Arborist in June of 2004. Any trees or shrubs that are dead or diseased, as determined by the City Arborist, shall be replaced by the applicant with similar, healthy plant materials subject to review and approval of the City Arborist. Carried 5 -0. B. Oakgreen Village South - Concept To consider requests for conditional use permit, site plan review, comprehensive plan amendment, zoning district amendment and planned unit development: concept plan for construction of 37 two -story townhomes, to the South of 58ti1 St. and west of Oakgreen Ave. (3) City Planner Richard reviewed the February 5, 2004 planning report, provided an issue analysis and recommended conditions should the Commission wish to recommend approval of the request. Chair Dwyer opened the hearing for comment. Ken_Hooge, Valley Senior Services Alliance (VS,SA� discussed the 2000 Development Agreement provision for City option to purchase 150 linear land parcel. He stated that VSSA is willing to fulfill their obligation per that Agreement. Planning Commission Minutes February 12, 2004 Page 3 of 4 David Benson 5668 Novak Ave. N. expressed his concern about the change to the community and the possibility of some of the townhomes becoming Section 8. He does not wish to see green area diminished and asked the Commission to remember that the area is not so much about how much can be built but rather about community and the families that are living there. Greg Reynolds, 14229 St Croix Trail, N. stated that Stillwater is a beautiful area and his belief that .much of the reason people love and come to the area is because of its parks and green areas. He would like to see green space remain. Chris Diederich, 13910 56t St. N. , stated that he had understood the 150' land setback to be a given and added that he would like to see it remain a green space. Eric Roeske, 5672 Novak Ave. N. , expressed concern about tree retention and the market value of the townhom es impact upon the existing home market values. He would like to see green space protected and the city refrain from moving toward high - density living. Tom Houle 5676 Novak Ave. N. , stated that a 150' green space was provided for the west side of the River .Hills neighborhood. He stated that he would like to see the same offered to the north side. Scott Seaborg, 5662 Novak Ave. N. , discussed his recollection of earlier meetings where the 150' land parcel was discussed and his understanding that it was to be put in place. He asked the Commission to work toward preseivuig green space and to not permit development of the area. Valessa Casners, 13950 56 St. N. , expressed her concern about the development and what the possibilities for the strip of land not owned by VSSA and if 150' land parcel were to be purchased by the City and also in the event it was not. Ken Hooge of VSSA responded, that assuming the City purchases the 150' parcel, VSSA is open to finding a use for the strip of land that is left. He added that VSSA has been approached by the adjoining property owner but that at this time it is not feasible to consider a purchase of the strip and that there is no set plan for what could be at this time. Ms. Caspers expressed her preference to see the area be kept as green space now or even permanently. The Commission discussed whether or not the existing home at the corner of Oakgreen Ave. and 58i St., currently zoned single- family residential, would need to be rezoned for there to be any change at the area. Maurtiz Anderson 13902 56t St. N. , expressed his concern about the impact of the proposed development upon the existing neighborhood and the impact upon their propert�T values. He stated he was surprised when 581 and 57 Streets were connected. He does not want an increase in traffic and is not in favor of the development being proposed. City Planner Richards explained how the 150' land parcel purchase would work assuming that it is to be done. It was noted that a full traffic study is part of the approval requirements. Mr. Hooge stated the units are to be constructed as "for sale" units. Planning Commission Minutes February 12, 2004 Page 4 of 4 Commissioner Liljegren, seconded by Vice Chair Runk, moved to close the public hearing. Carried 5 -0. Discussion ensued as to the 150' land parcel, manner of purchase if purchased and zoning of the parcel if it is not purchased. Chair Dwyer thanked those who spoke for doing so, noting the importance of receiving community feedback on matters that affect them. Dwyer stated that he felt the City Council needed some feedback on the parcel of land whether or not the Commission elects to recommend approval of the concept plan. Commissioner Oswald, seconded by Commissioner Liljegren, moved to recommend denial of the request and that the zoning as set forth in the current comprehensive plan remain in place. Carried 5 -0. Chair Dwyer, seconded by Commissioner Liliegren, moved to recommend that the City Council purchase the 150' land parcel. Carried 5 -0. New Business None. Old Business None. Informational Oakgreen Village North City Planner Richards reviewed a memo of the City Council February 4, 2004 workshop on the issue. Brief discussion ensued. It was noted that the applicant is working with the City on the density issue and City Planner Richards addressed a question from the audience as to potential roadway design. A. Next Meeting March 11, 2004 — 7:00 p.m. — Regular Meeting B. Council Representative February — Commissioner Powell March — Vice Chair Runk Adjournment Commissioner Powell, seconded by Commissioner Oswald, moved to adjourn at 8:25 p.m. Carried 5 -0. Respectfully submitted, Julie A. Hultman Community Development Approved b5T the Planning Commission: 03- 11 -04. 3 -0