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HomeMy WebLinkAbout01-13-2005 MinutesQ CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES F e- Thursday, January 13, 2005 Call To Order Chair Dwyer called the meeting to order at 7:00 p.m. Present: Commissioners Liljegren, Oswald, Runk and Wasescha. City Planner Richards, City Administrator Johnson and Commission Liaison McComber. Approval of Agenda: Vice Chair Runk, seconded by Commissioner Liljegren, moved to approve the Agenda as presented. Carried 5 -0. Approve Minutes: Chair Dwyer, seconded by Commissioner Oswald, moved to approve the Minutes of November 4, 2004 with language amendment to Department /Commission Liaison Reports, section B. Carried 5 -0. Department /Commission Liaison Reports /Other Reports A. Commission Liaison Commission Liaison McComber announced that this meeting would be her last as the Commission Liaison and that Councilman Jack Doerr has been appointed as the new Commission Liaison and Mayor David Beaudet as the Alternate. McComber thanked the Commission for their dedication and professionalism, stating that it has been a pleasure for her to work with them. Chair Dwyer thanked her for the compliment and expressed the same to her as well as his surprise in the change to Commission Liaison, adding that she will be missed. Vice Chair Runk clarified that the Mayor was appointed as the Commission Liaison Alternate as well as City Representative to the Middle St. Croix Watershed Management Organization (MSCWMO). Runk questioned how the appointments were going to work out, as it is his understanding that the MSCWMO meets the same evening as the Planning Commission. He asked that McComber direct his inquiry to the City Council. B. St. Croix Crossing Update Commission Liaison McComber reported that their will be a Stakeholders Group meeting on January 18, 2005 from 9:00 a.m. to 4:30 p.m. at Stillwater City Hall. Vice Chair Runk noted that he attended the City Council worksession following their recent City Council ineeting, wherein they discussed the Hwy. 36 Corridor. Runk expressed his concern that the City Council is not looking at the issue from a planning perspective of what will be there when the project is done versus that of what is there now. Discussion ensued as to the corridor issue including, property and structure values now and potential change upon project completion, the 1995 Plan, where the plan changes are coming from and what has been mapped. Chair Dwyer stated that it has been some time since the Conunission has received any information regarding the project and suggested that receipt of an overlay of the businesses affected as well as a copy of the 1995 Plan would be helpful. Commission Liaison McComber noted that the affected business plan overlay was available for viewing at City Hall and that she would attend to getting them copies of the 1995 Plan information. Planning Commission Minutes January 13, 2005 Page 2 of 6 C. Other: Visitors /Public Comment There being no visitors to the meeting other than those present for items upon the published Agenda, Chair Dwyer moved to the Public Hearings portion of the Agenda. Public Hearings A. Ackerman Estates To consider requests for Comprehensive Plan Amendment, Rezoning, Preliminary and Final Plat Approval for construction of nine single family residential dwellings, located NW of Oak Park Blvd., E. of Oakgreen Ave. and S. of Hwy. 36 City Planner Richards reviewed the January 7, 2005 planning report regarding a request for comprehensive plan amendment, rezoning, variance, preliminary and final plat approval for a nine lot single family residential development to be known as Ackerman Estates. Richards provided an issue analysis, discussing the same and noted that the Commission would need to make their determination on the matter of the Comprehensive Plan Amendment request first as it establishes the course of action relative to the applicant's additional requests. Richards provided conditions to approval, for consideration, should the Commission elect to recommend approval of the requests. Brief discussion ensued as to the Hwy. 36 Alignment ramifications in relation to the proposed development project. Chair Dwyer opened the public hearing for comment, encouraging the applicant and those with comments to the proposed project to address the Commission. Todd Erickson of Folz Freeman & Erickson Inc. introduced himself and discussed the natural amenities of the site and their proposed design to work with as much of the natural elements as possible, reduce impervious surface and maintain safe access to the development. Mr. Erickson stated that he believed saving the significant trees to be the hardship for the variance being requested. Mr. Erickson addressed questions as to his take on the potential impacts of Hwy. 36 alignment changes to the development, wherein Mr. Erickson expressed that he feels the project should be okay and doesn't feel that the neighborhood value would be diminished by what is currently being proposed as to Hwy. 36 alignment changes. Discussion commenced between the Commission and Mr. Erickson as to traffic flow onto Oakgreen Avenue, ponding at the site, the process of State land acquisition once a Hwy. 36 alignment is approved, potential hardship to new homeowners from roadway changes if project is approved and the Commission's preference to see single family homes at the site rather than commercial development. Greg Johnson of Manchester Homes introduced himself as part of the development group proposing the project. He stated that the group has been seeking land in the area to construct quality homes and create a welcoming community. Mr. Johnson noted that the Ackerman's have been at their home since 1945. Planning Commission Minutes January 13, 2005 Page 3 of 6 There being no other visitors to the public hearing, Commissioner Liljegren, seconded by Vice Chair Runk, moved to close the public hearing. Carried 5 -0 Commission discussion ensued as to the project design, comprehensive plan amendment issues of consideration, ramifications to area as a result of Hwy. 36 alignment and Oakgreen Avenue roadway changes, trees, and legitimacy of tree saving as a hardship. Chair Dwyer, seconded by Commissioner Oswald, moved to continue the public hearing to the next regular meeting of the Planning Commission to allow the Commission the opportunity to have more specific information on the Hwy. 36 1995 alignment and to allow the developer the opportunity to work with their engineer on redesign options that works with the trees and potential road impact. Carried 5 -0. Chair Dwyer suggested that for February, the developer look at a plan with one less lot in their configuration, provide more information on the plat being presented and that information be received from the City Arborist as to the significance, if any, of the right -of -way setback upon the sites tree inventory. B. Wal -Mart To consider requests for Zoning District Amendment from CBD, Central Business District to B -2, General Business District and Comprehensive Plan Amendment allowing Wal -Mart store expansion and possible change of zoning classification of surrounding property, located at 60th St. N. and Norell Ave. N. City Planner Richards reviewed the January 6, 2005 planning report regarding requests for an amendment to the comprehensive plan and to the zoning district for proposed expansion of Wal- Mart, noting that the site was zoned B -2, General Business District when it was constructed in 1992 and was changed to CBD, Central Business District in 1998 when the City approved the Central Business District concept in the area, which included Wal -Mart. He provided an issue analysis, discussing the same and noted that the Comimission should review areas to the north and east of Wal -Mart for possible re- designation and rezoning as well. Richards noted that Wal -Mart is anxious to move forward and is looking for some direction as to the zoning as they are looking to bring specific plans for the expansion to the Planning Commission in February. Richards noted discussion that had been held as to hybrid zoning some time ago and added that the B -2, General Business District zoning does have specific design guidelines to it. Chair Dwyer opened the public hearing for comment and invited the applicant and those wishing to speak to the matter to address the Commission. Dave Sellegren of Fredriksen & Byron, P.A. introduced himself as the Minnesota Land Use Counsel for Wal -Mart Stores, Inc. twin cities office. Mr. Sellegren discussed the aspects of the proposed expansion and it amenities as well as how those amenities have varied from store to store in Minnesota. He stated that the problem with the expansion in question appears to the be auto related use amenities, which resemble those in place to the West of the site, and being unable to make it meet the requirements of the sites current zoning of CBD, Central Business District. Planning Commission Minutes January 13, 2005 Page 4of6 Mr. Sellegren stated that, at City staff suggestion, Wal -Mart is seeking rezoning of the site to B -2, General Business District. He added that he found the staff report and analysis to be sound and that is supports the recommendations within the report for rezoning from CBD, Central Business District to B -2, General Business for the site. Phil Mantia of Erin, Inc. (a Midas Franchisee) introduced himself as a representative of adjacent property owner, Pete Houser, and stated that they have no objection to the proposed Wal -Mart expansion or to the B -2, General Business District rezoning and would hope to see their property included within a B -2, General Business District zoning as well. Mr. Mantia briefly discussed Mr. Houser's previous, unsuccessful attempt to gain approval for a Midas Muffler at the property. There being no other visitors to the public hearing, Vice Chair Runk, seconded by Commissioner Wasescha, moved to close the public hearing. Carried 5 -0 Commission discussion commenced largely to the CBD, Central Business District zoning for the area and designated to the City Comprehensive Plan. Discussion included the rationale behind the creation of the CBD, Central Business District zoning, visualization of the area with "big box" businesses and a change in or all of the zoning for the area, potential impacts of changes to Hwy. 36 and the St. Croix River Crossing on the area, the potential of the CBD, Central Business District "downtown" becoming a reality and the City's efforts to make it a reality as well and some reluctance to walk away from the concept of a Central Business District "downtown" altogether. Linda Pilgreen one of the owners to the Haase property, which is within the Central Business District zoning, was invited to speak. She stated whatever the zoning, the land will be sold one way or the other as they are property owners and not land developers. She pointed out that while she likes the Central Business District "downtown" design, the City has done nothing to make it a reality and that not a potential purchaser has approached them with an offer that works with it. She added that she wasn't sure, but she felt that the B -2, General Business District zoning would likely have a better effect upon the sale of their property. Chair Dwyer express that he was not willing to walk away from the Central Business District zoning until there is an alternative that at least maintains some of the character defined by the Central Business District such as landscaping and planting elements for example. To this end, Mr. Sellegren shared the concept of what Wal -Mart has in mind for landscaping at their proposed expansion site. With relation to possible rezoning of the Wal -Mart site specifically, there was discussion as to buffers between the zones and zoning change breaks between business and residential properties allowing for green and play area for children in the residential area. Mr. Sellegren noted that they have been looking at purchasing additional land to the rear of their existing store to even out their property lines. The Commission discussed right -of -ways and roadways presently in and potentially to come to the area, Traffic elements and general safety, sentiment that the automotive aspect as proposed has generally been undesirable irregardless of the zoning and questioned if the rezoning was to make the proposed project feasible or whether or not it would be feasible without the automotive aspect. Planning Commission Minutes January 13, 2005 Page 5 of 6 Timelines for the applicants project, the possibility of separating their request from an overall area zoning amendment, and the possibility of scheduling a worksession with the City Council and the Planning Commission to the matter and subsequent process for addressing Wal- Mart's application request was discussed. Chair Dwyer, seconded by Vice Chair Runk, moved to continue the public hearing discussion at a reconvened hearing February 1, 2005, immediately preceded by a joint worksession between the City Council and the Planning Commission at 6:00 p.m. Carried 5 -0. C. Senior Housing Partners To consider request for a Conditional Use Permit for land reclamation and grading required by City Ordinance 308.08 and as required to perform removal and remediation of soils containing low -level petroleum contamination. Mike Price of Senior Housing introduced himself and explained the situation wherein they had contracted analysis of the soils at the site and found that there were areas in need of cleaning and remediation. It is their desire to improve the soils through remediation, in preparation for land sale so that the site is ready for any future development. Chair Dwyer opened the hearing. Eric Stommes of GME Consultants discussed three areas at the site in need of remediation, explained why remediation is needed and discussed the plan for soils improvement which entails removing of debris and contaminated soils and then backfilling to the original grade with suitable soil. Chair Dwyer, seconded by Commissioner Liljegren moved to close the public hearing. Carried 5 -0. City Administrator Johnson reviewed and discussed the items enclosed with the Planning Commission meeting packet as to the project. Johnson noted that approval was being recommended and noted conditions recommended be met subject to approval. Vice Chair Runk, seconded by Commissioner Wasescha moved to approved the request for Conditional Use Permit, subject to the conditions outlined in City Administrator Johnson's memo of January 13, 2005. Carried 5 -0. New Business A. Planning Commission Liaison Change Chair Dwyer noted that if it were not for Mary McComber's attendance to the meeting, the Commission would have been without a Liaison present from City Council due to scheduling conflicts with the newly appointed Liaison and Alternate. Dwyer expressed his belief that the Planning Commission has been very well supported by Mary McComber as the Commission Liaison and expressed his concern about losing something of the team without Mary as a part of it. He asked that the Planning Commission Liaison change be placed as part of the Agenda for the February 1, 2005 Joint Worksession between the Planning Commission and the City Council. He would like an explanation as to how the Planning Commission is going to be as well supported with a new Liaison appointed. Planning Commission Minutes January 13, 2005 Pagc 6 of 6 B. Trails Vice Chair Runk addressed the issue of trails and foundation by which to require proposed developers to place trails without an understanding of where they can be placed and what areas right -of -way exist. Discussion ensued as to the potential trail along one side of Oakgreen Ave. and methodology of acquiring and placement of trails. Chair Dwyer suggested that it would be helpful for the Planning Commission to receive a copy of the most recent trail plan to get an idea of what is out there and anticipated at the time of the plans preparation. Old Business A. 2005 Meeting Dates & Council Representation Schedule Commissioner Oswald, seconded by Commissioner Wasescha, moved to accept the schedule as presented. Carried 5 -0. Informational A. Next Meeting February 1, 2005 6:00 p.m. — Joint Worksession with City Council February 1, 2005 7:00 p.m. — Special Meeting February 10, 2005 7:00 p.m. — Regular Meeting B. Council Representative January — Commissioner Oswald February — Chair Dwyer Adjournment Vice Chair Runk, seconded by Commissioner Liljegren, moved to adjourn at 9:52 p.m. Carried 5 -0. Respectfully submitted, Julie A. Hultman Community Development Approved by the Plamiing Commission: 2 -10 -05