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HomeMy WebLinkAbout03-11-2004 MinutesCITY OF OAK PARK HEIGHTS *:. PLANNING COMMISSION MEETING MINUTES Thursday, March 11, 2004 Call To Order Chair Dwyer called the meeting to order at 7:00 p.m. Present: Vice Chair Runk and Commmissioners Oswald. City Administrator Johnson, City Planner Richards and Commission Liaison McComber. Absent: Commissioners Liljegren and Powell. Approval of Agenda: Commissioner Runk, seconded by Commissioner Oswald, moved to approve the Agenda as amended, adding Denny Hecker (Routson Motors) to Old Business. Carried 3 -0. Approve Minutes: Chair Dwyer, seconded by Commissioner Runk, moved to approve the Minutes of February 12, 2004 with clerical amendments. Carried 3 -0. Department /Commission Liaison Reports /Other Reports A. Commission Liaison None. B. Hwy. 36 Subcommittee Commission Liaison McComber reported that there was a St. Croix river crossing stakeholders meeting scheduled from 9:00 a.m. to 4:30 p.m. on May 4, 2004 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. East Oaks P.U.D. 2ndAddition To consider requests for subdivision and planned unit development: concept plan to allow construction of two office buildings and one residential condominiums building, located south of 60" St. and Last of Osgood Ave. N. (2) City Planner Richards reviewed the March 4, 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 and invited the applicant to speak. Jeff Hause -River Valley Rentals introduced himself as the applicant and addressed issues per the planning report. Mr. Hause stated that he could go with a flat roof and utilize some construction techniques to reduce the building height; however a reduction of a full story would not work because the developments viability is dependant upon it. He suggested that he could increase green space some by reducing the amount of excess parking and noted that the building exterior will be of hardy plank. As to landscaping, he stated that he felt there weren't any significant trees of issue but that he would connect with the Arborist on the trees and working to create a nice tree buffer from Hwy. 36. Chair Dwyer addressed the lacy of green space and pointed that area use is obviously maximized and dense. City Planner Richards clarified that removal of parking, which is considered hard space, will not affect the green space calculations, as hard space is not used in the calculation. Planning Commission Minutes Marchl1, 2004 Page 2 of 4 James DeBenedet — Steven Engineers introduced himself as working with Mr. Hause on the development process. Mr. DeBenedet noted that the project is trying to achieve meeting a market need cost of $180,000 per unit and that in order to do so, the proposed density is essential. To the City Planner he inquired as to nninumuni square footage requirements for the buildings and of the possibility to trove lot lines. Mr. DeBenedet stated that they are open to decreasing building square footage and moving lot lines and will work with City staff on density alleviating issues. He asked for consideration on the building height requirement to allow for a more attractive building design. City Planner Richards reininded the Commission that the original application for this development was rejected as it was felt by both himself and the City Attorney that some verification from the East Oaks Homeowner's Association that the access could be worked through in order for the development to proceed. He added that a letter was received from the East Oaks Homeowner's Association President, Jonathan Nye, indicating that the Association was willing to work with the applicant at the time the letter was received. The letter was not a binding agreement of any bind from the Association guaranteeing the applicant access. J eff Hause expressed that he had access to the west of the property and that utilizing the existing access was not mandatory. Mr. Hause feels that he could go through the north entry and work it into the development. Paul Leidel — 5860 Oxboro Ave. N. expressed his concern about traffic implications at 60tIz St. N. and Osgood Ave. N. that he feels are already difficult. He is concerned about the loss of the existing tree buffer and sees no benefit to association in sharing their private access with the applicant. City Administrator Johnson pointed out that should the application proceed to the general plan stage, the applicant would be required to provide a more detailed traffic analysis in the terms of trips generated to and from the particular site. Cotnnussion Liaison McComber added that if the private road access is not used and the applicant wished to use an access from the frontage road, he would be required to obtain a permit from MnDOT for a curb cut at the access point. Ken Neumann— 5852 Oxboro Ave. N. discussed a meeting held with the East Oaks residents and the applicant, last summer, where a mixed reaction was had as to increasing traffic on the area roadways. He discouraged the Commission to approve any setback variances. Phil Barbatsis — Club Tara, 15021 60th St. N. introduced himself the owner of a business neighbor to East Oaks and the proposed development site. He stated that he found no objection to what was proposed and wanted to point out that the proposed development site is a tough one, that it is not particularly attractive now and that he felt that something attractive there would be a benefit to the area. Angela Racine — 5902 Oxboro Ave. N. expressed her concern about sharing the private road and the loss of privacy to existing homes due to the loss of green space, trees and the taller building looking down to their lower level units. J eff Hause stated that he wasn't sure how many trees were to be removed but that he expected all larger trees would be kept. He added that he felt that the changes to landscaping and the building would work as a better buffer for noise and so forth with the anticipated changes to Hwy. 36. Planning Commission Minutes Maichl1, 2004 Page 3 of 4 City Adfumistrator Johnson clarified that a specific letter of agreement would ultimately be required to be in place in some form of easement and or covenant for a perpetual term before anything could be finalized with development approval. Marge Neumann — 5852 Oxboro Ave. N. expressed her concern about the easement and loss of space on the roads for vehicles to the neighborhood. Mrs. Neumann discussed how they are currently used and particularly how they are used by service vehicles such as lawn care and snow removal service providers. Jonathan Nye Fast Oaks Homeowner's Association President — 5862 Oxboro Ave. N discussed a special meeting held last August with the homeowners and the applicant regarding the proposed project. Mr. Nye stated that they did agree to work with the applicant and that certain conditions were discussed, such as any trees to be removed being replaced and the use of Pine trees between Outlot A and the north units at East Oaks. Mr. Nye pointed out that general consensus at the time was that the Association would expect a return on anything taken away. Personally speaking, Mr. Nye expressed that he felt the existing trees were pretty much scrub trees and that any landscaping change would likely be an improvement. As to the building versus tree buffer, he stated that he did not have a problem either way. He is concerned about losing the turn around space and expressed his belief that the applicant would work with the association and that he also expected they would need to have some additional residents meetings with him. Richard Racine — 5902 Oxboro Ave. N. addressed his concerns about parking and the frontage road as well as spoke on behalf of an absent neighbor, who has voiced concerns about drainage. Brief discussion ensued as to grading and holding pond expansion. Marge Neumann- 5852 Oxboro Ave. N. inquires as to the use of the commercial buildings. J eff Hause stated that the commercial buildings were for offices, including his construction business. It was clarified that they could expect to not see construction vehicles/ equipment at the site and the likelihood of Mr. Hause picking up the maintenance of the private access should he be granted use of it. Chair. Dwyer, seconded by Vice Chair Runk, moved to close the public hearing. Carried 3 -0. Commission discussion ensued as to the need to bring the project into compliance for density, height and setbacks. Concern was expressed as to snow removal, storage, and service vehicles to the area as well as the matters of access and easement understandings. Chair Dwyer expressed his doubts as to condominiums being the best use of the property but that he was encouraged by the obvious willingness of the East Oaks residents to speak and work with the applicant. Vice Chair Runk, seconded by Com nissioner Oswald, moved to recommend continuance of the public hearing to April 8, 2004 at which time they wish to see the property redesigned so that it is in compliance with density, height and setbacks.. They also wish to receive information on the buffer between the properties and an update on progress of easement /access issues between the applicant and the Association. Carried 3 -0. Planning Commission Minutes Marchl 1, 2004 Rage 4of4 New Business None. Old Business A. Denny Hecker (Routson Motors) Discussion was had as to the ongoing lighting ordinance violation at the Denny Hecker (Routson Motors) site. The Commission expressed that they found it discouraging to see that enforcement wasn't working to bring the site into compliance. City Administrator Johnson informed the Commission that the conditional use permit was granted to Denny Hecker and that it was recorded unsigned, as they would not sign it. He stated that compliance with the light shields was to be done in January. He added that Denny Hecker is in violation of their conditional use permit, that letters have been sent requesting compliance on a number of issues and that they were cited for the lighting violation though it was dismissed when they brought the canopy lighting into compliance. City Administrator Johnson expects that the conditional use permit violations will move into court proceedings Discussion was had as to the signage at the site and the use of flags to advertise used car sales. The flags are in violation of signage requirements. Denny Hecker has been notified in writing that the flags are a violation of city ordinance requirements. Chair Dwyer inquired as to any other recourse to have things brought into compliance other than legal action. City Planner Richards stated that there really wasn't any other recourse unless they come in with another application when compliance can be required before granting of anything new. Chair Dwyer said he would like to see some teeth put into requirements for enforcement and asked that discussion of ordinance violation enforcement options be placed on April Agenda under Old Business. City Administrator Johnson will check on the city's capacity to cite for ordinance violations. Informational A. Next Meetin -9 : April 8, 2004 — 7:00 p.m. — Regular Meeting B. Council Representative March — Vice Chair Runk April — Commissioner Oswald Adjournment Vice Chair Runk, seconded by Commissioner Oswald, moved to adjourn at 8:02 p.m. Carried 3 -0. Respectfully submitted, Julie A. Hultman Community Development Approved by the Planning Commission: April 8, 2004. 5 -0