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HomeMy WebLinkAbout06-09-2005 MinutesCITE' OF OAK PARK HEIGHTS ^° PLANNING COMMISSION MEETING MINUTES Thursday, June 9, 2005 Call To Order: Chair Runk called the meeting to order at 7:00 p.m. Present: Commissioners Dwyer, Liljegren, Oswald and Wasescha. City Planner Richards and Commission Liaison McComber. Absent: City Administrator Johnson Approval of Agenda: Commissioner Dwyer, seconded by Commissioner Wasescha, moved to approve the Agenda, as presented. Carried 5 -0. Approve Minutes of May 12, 2005: Commissioner Dwyer, seconded by Commissioner Wasescha, moved to approve the Minutes with amendments noted by Commission Liaison McComber. Carried 5 -0. Department /Commission Liaison Reports /Other Reports: A. Commission Liaison B. St. Croix Crossing_ Update Commission Liaison McComber provided a brief update, and announced that the Stakeholders Committee will meet July 19, 2005 from 9:00 a.m. to 4:30 p.m. at Stillwater City Hall. C. Other Visitors /Public Comment: There being no visitors to the meeting, Chair Runk moved to the Public Hearings portion of the Agenda. Public Hearings: A. Continued: Oakgreen Village To consider requests for Site Plan Review and Planned Unit Development: Concept Plan for construction of townhomes, Imown as Oakgreen Village — Phase I and located to north of 58 St. and west of Oakgreen Ave. (2) City Planner Richards reviewed the June 2, 2005 Planning Report to the request, provided an issue analysis and recommended conditions in the event the Planning Commission elected to recommend City Council approval. Discussion as to the report content and recommendations ensued between City Planner Richards and the Planning Commission. Chair Runic opened the public hearing for comment. Planning Commission Minutes June 9, 2005 Page 2 of 9 Todd Erickson — Folz, Freeman & Erickson, Inc. addressed the Commission, on behalf of the applicant, and reviewed the changes that had been made to the concept plan. Mr. Erickson addressed the planning report items and discussed issues as to parking, road width, right -of -way, T.I.F. potential for the area, layout of structures and their design elements, driveway lengths, private versus public owned roadways, roadway maintenance, setbacks, tree preservation/protection, and site access. Mr. Erickson noted that they would prefer to see reduced roadway width and asked that direction be provided to this end. Miles Britz — 115 Sixth Ave. S., S. St. Paul. representing several residents of Pondview Condominiums, addressed and discussed with the Commission a number of issues, including wetland areas, ponding and drainage. Mr. Britz questioned matters as to site access, lighting, trees, zoning and traffic. Mr. Britz noted that a reduced roadway width would be desirable with respect to it reducing impervious surface and water runoff. When asked by the Commission about preference to land use in the area, Mr. Britz responded that a townhouse development would be preferred over that of "big box" commercial or a multiple family development. Bill Boland — 13981 60 St. N. : stated that he was trying to get a feel for what would happen if the request is approved and 59"' St. were to go through. He wanted to la if access would be allowed under the power lines and if building would be permissible to the 27' from them to the Pondview Condo property line. Discussion was had as to what would be permissible under the power line easement, how stormwater drainage was to be managed, the wetland area, and the status of the Central Business District. Mr. Boland stated that he likes the proposed plan and that he remains concerned about 59' St. and taller constructed structures looking down upon the ground-level structures within Pondview. Charles Britz — 13991 60" St. Ct. N. : stated that he was not generally opposed to the project but that he was concerned with its impact upon the existing natural environment and questioned the approval process for the project and whether or not a wildlife impact study would be required City Planner Richards outlined the timeline and approval process for the proposed project and noted that a wildlife impact study was not a requirement for the project. Valessa Caspers — 13950 56"' St. N. : expressed her concern as to accessibility of the areas home access to the trails on 58' St. She requested consideration for the provision of means to safely access the great walking trails already in place throughout the City. Ms. Caspers questioned and discussed, with the Commission, the private trail designation for the proposed project and whether or not private to public street ownership was an option within the City. Vice Chair Liljegren, seconded by Commissioner Oswald, moved to close the public hearing. Carried 5 -0. Commission discussion ensued as to road width, emergency vehicle access, trail to North side of 58 St., public versus private trail and roadways, play area, Novak Ave. providing definition between commercial and residential areas by means of widening it toward commercial area and Planning Commission Minutes June 9, 2005 Page 3 of 9 addition of trees /landscaping, park dedication requirements, tax increment financing district possibility, potential Central Business District moratorium and how a recommendation on this request would be affected, development within neighboring communities, land availability and best suited land use for this area. The conditions of the planning report were reviewed, discussed and amendment to them proposed. Commissioner Dwyer, seconded by Vice Chair Liljegren, moved to recommend City Council approve the Revised Planned Unit Development Concept Plan, subject to the amended conditions of the June 2, 2005 planning report, specifically: A preliminary plat is submitted as part of the general plan of development. 2. The applicant provide a property appraisal, acceptable to the City Attorney to calculate park dedication. The Planning Commission is favorable to the small tot lot park but recommends no credit for park dedication be granted for the tot lot. 4. The plat shall dedicate 100 -feet of right -of -way for Novak Ave., 60 -feet for 59 St, and 50 -feet for Oakgreen Ave. as required by the City Engineer and City Attorney. The Planning Commission recommends that Novak Ave. be provided with screening, landscaping and boulevards as recommend by City staff. 6. The Planning Commission recommends that the proposed private street network for this development be eliminated and replaced with City rights -of -way and public streets. 7. The Fire Marshall and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development The roadways on the concept plan shall be increased to 28 -feet in width for City Council review. 9. The Planning Commission recommends a public trail system be constructed on the north side of 58 St., adjacent to the development. 10. All required setbacks to conform with zoning and wetland ordinance requirements shall be incorporated in the general plan of development. 11. The applicant shall provide vehicle count information and projections as required by the City Engineer. 12. Detailed tree inventory, tree preservation, and landscape plans shall be provided for general plan of development. Planning Commission Minutes June 9, 2005 Page 4 of 9 13. Detailed tot lot park plans will be required for general plan of development review. 14. Detailed grading, drainage and utility plans shall be provided for general plan of development review. 15. Detailed architectural plans for the proposed buildings in the project shall be required for general plan of development review. 16. The Planning Commission recommends that the City Council consider upgrades to Oakgreen Avenue as part of this development. 17. As part of the general plan of development submittals, the applicant should provide a plan and timeline for confection of the two dead -end streets in the first phase in the event the second phase is not completed. Carried 4 -1, Wasescha opposed. B. Bahr Construction To consider a request for a Conditional Use Permit, allowing relocation of an existing single- family detached home, from 11051 Stillwater Blvd., Lake Elmo to a vacant lot at 15403 58 St. N., Oak Park Heights. City Planner Richards reviewed the May 26, 2005 Planning Report to the request, provided an issue analysis and recommended conditions in the event the Planning Commission elected to recommend City Council approval. Brief discussion as to the report content and recommendations ensued between City Planner Richards and the Planning Commission. Chair Runk opened the public hearing for comment. Pam Patrick -15365 58 St. N. : addressed the condition of the time frame for occupancy and inquired as to the time frame established for another home moved into a lot next door to the proposed located, by the applicant. Discussion ensued as to the same between Ms. Patrick, the Commission and the applicant as to her question and as to the consequences of non- compliance to the time frame condition. Ms. Patrick is concerned that since the landscaping remains uncompleted at the first location, after the time frame established for occupancy, that it will also occur at the second location. Marls Hilde of Bahr Construction. addressed the matter of the landscaping at the first site, stating that the homeowner is unwilling to pay Bahr Construction and that he had taken over the landscaping. Mr. Hilde added that Bahr Construction is currently working through the dispute with him and has been in discussion with the City on the matter as well. It was clarified that Bahr Construction does not own the home and that if the approvals for the first relocation required Bahr to complete landscaping that they are still responsible for seeing that it is completed. Planning Commission Minutes June 9, 2005 Page 5 of 9 With respect to when the second site preparation, in the event the request is approved, Mr. Hilde stated that the target dates remain undetermined as the house is being moved to make way for new construction at its present site and they are still working through process approvals on that end. In any event, Mr. Hilde expected that no site preparation would occur until such time the anticipated move of the home is actually scheduled. Mr. Hilde addressed the planning report recommendation that Bahr be required to secure a licensed environmental specialist to oversee the excavation with respect to possible contamination and /or underground tanks. Mr. Hilde stated that there was evidence of potential contamination at the first site and they worked with the City and the neighborhood residents in addressing it as well as retaining an environmental specialist at that time. He feels that that after the steps taken with the first site that there isn't an issue at the second site and feels that a monitoring agent requirement, at this point, is unnecessary. Brief discussion ensued as to potential contamination and the basis for the recommendation of a monitoring agency requirement. It was clarified that samples had not been taken from the proposed relocation site. Pam Patrick — 15365 58 t1i St. N. : clarified that if Bahr Construction owns the lot, that they should be responsible for the maintenance of it. She stated that there were a number of poor condition trees and buckthorn at the site. She also asked if there were specific guidelines for house movers as to times of operation, noise and so forth. She noted that while she understood why the do the move -in during the early hours of the day, she would prefer to see that they be required to use radio communication versus hollering back and forth as they did with the first move. Discussion ensued as to the lot maintenance and it was clarified that Bahr Construction, as the owner, is responsible for its maintenance and that they have also been working with the City Arborist with respect to the trees and vegetation. Mr. Hilde stated that if the request is approved, they would work to reduce the inconvenience to the neighborhood during the time of the house move and seek to have the mover utilize radio communications. There being no other visitors to the public hearing, Commissioner Dwyer, seconded by Vice Chair Liljegren, moved to close the public hearing. Carried 5 -0. Commissioner Dwyer, seconded by, Vice Chair Liljegren, moved to recommend Conditional Use Permit approval from City Council, subject to the conditions of the May 26, 2005 planning report, specifically: 1. Upon relocation and additional construction, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the City's Building Inspector. 2. A performance security of $5,000.00 is provided to the City as specified in Section 401.08 of the Ordinance. Planning Commission Minutes June 9, 2005 Page 6 of 9 3. The relocated structure is ready for occupancy within eight months from the date of location on the site. 4. A site plan showing an enhanced landscape plan is provided and approved by the City Arborist. Approval of a grading plan by the City Engineer. 6. Submittal of a transportation plan showing the route for moving the structure and a permit from the County for movement on county roads. 7. Review and approval from Xcel Energy concerning clearance for movement beneath power lines. Approval of the City Engineer for utility connections and subsequent road patching. 9. The addition of a silt fence along the north side of the property during construction. 10. Deed of conveyance from previous owner to Bahr Construction for this property. 11. Any required State environmental permitting for the site shall be obtained by the applicant and written copies provided to the City within ten days of receipt. 12. Applicant shall secure a licensed environmental specialist, subject to the approval of the City Engineer, to be on site at all times during excavation to ensure that there are not findings of inappropriate buried materials and /or tanks. Should any inappropriate materials be found during excavation, all work shall cease and the City shall be immediately notified. Upon completion of excavation, the specialist will provide written comments to the City that no inappropriate, inconsistent or hazardous materials were found. 13. Submittal of a plan for house movement through Oak Park Heights to the site that addresses clearance under significant trees over the ROW. Such plan shall also require pre - approval by the Chief of Police. Carried 5 -0. C. Xcel Energy To consider a request for a Conditional Use Permit Amendment, pursuant to City Ordinance 308.08, for land reclamation and grading to fill ditch for construction of short section of access road at Xcel Energy - A.S. King Plant, 1103 King Plant Rd. City Planner Richards reviewed the June 3, 2005 Memo, prepared by City Administrator Johnson, as to the request, which a summary of the requirements and recommendations for conditions, should the Planning Commission elect to recommend City Council approval. Planning Commission Minutes June 9, 2005 Page 7 of 9 Chair Runk opened the hearing for public comment. There being no visitors to the public hearing, Commissioner Dwyer, seconded by Commissioner Oswald, moved to close the public hearing. Carried 5 -0. Commissioner Dwyer, seconded by, Commissioner Oswald, moved to recommend CUP request approval from City Council, subject to the following conditions within the June 3, 2005 Memo as prepared by City Administrator Johnson: Xcel Energy must provide a specific wetland inventory /wetland survey as well as a "Notice of Wetland Conservation Act Decision" which must state that the wetlands (if any), that are to be filled in, are "incidental" and not naturally occurring wetlands; or the Notice of Wetland Conservation Act Decision must make an alternate determination that the wetlands are subject to wetland restrictions and Xcel Energy shall submit for City review a full wetland inventory and remediation plan. Xcel must then implement such plan with conditions as specified by the City Engineer prior to the commencement of any roadway construction activities. 2. Final drainage plans and design shall be subject to the final review and approval of the City Engineer. 3. Xcel Energy shall submit drainage plans to the Middle St. Croix Water Management Organization for final review. Once comments are provided, Xcel may then potentially proceed. Comments received shall be provided to the City prior to the commencement of any roadway construction. 4. Xcel Energy shall submit drainage plans to the Molly Shodeen at the Minnesota Department of Natural Resources, for review. Once comments are provided, Xcel may then potentially proceed. Comments received shall be provided to the City prior to the commencement of any roadway construction. 5. Prior to roadway construction, Xcel Energy shall pay the City the required tree replacement fee of $2,000.00, as calculated by City Arborist, Kathy Widin. Barbed wire must be eliminated from the proposed gate /fence. Carried 5 -0. New Business: A. Commission Vacancy Interviews and Appointment Recommendation Chair Runk announced that interviews of the applicants to fill the Planning Commission vacancy were held prior to the meeting. Planning Commission Minutes June 9, 2005 Page 8 of 9 Commissioner Dwyer, seconded by Commissioner Wasescha moved to recommend that the City Council appoint Valessa Caspers to the Planning Commission to complete the term of Commissioner Oswald, which expires May 31, 2006. Carried 5 -0. The Commission expressed to Commissioner Oswald that they were sad to see him go and that they had really enjoyed working with him. B. Washington County Tax Forfeited Land Opportunity City Planner Richards informed the Commission that the County has inquired of the City's interest in taking over a tax forfeited parcel and reviewed the boundaries of the parcel. Richard's explained that the City is given the first opportunity to acquire the property and that the property cannot be sold by the City and must be used for a public purpose. Brief discussion ensued as to the parcel, its proximity to tax forfeit parcel(s) accepted recently by the City of Stillwater and its potential use for a trail loop connection. Commissioner Dwyer, seconded by Commissioner Oswald, moved to recommend that the City Council accept the tax forfeited property. Carried 5 -0. Old Business: A. Central Business District Update & City Council Action City Plamler Richards discussed a moratorium document that has been drafted by the City Attorney for the Central Business District. He noted that if the City Council elected to adopt the moratorium, it will remain effective until September 13, 2005. Richards stated that the moratorium is to provide an opportunity for the Plamzing Commission to consider options for the area. Discussion ensued as to the area and the moratorium. It was expressed that a moratorium wouldn't serve any new purpose as there has already been a great deal of discussion with the business and landowners in the area as to what is desired. Construction in neighboring communities and land availability was also discussed. It was expressed that this may very well be the last opportunity to really specify the wants and needs best suited for the area and the community. Commissioner Wasescha, seconded by Commissioner Dwyer, moved to recommend City Council approval of the moratorium, pursuant to the requirement of Minnesota Statue §462.355, Subd. 4. Carried 5 -0. B. Commissioner John Dwyer Appointment Extension Commission Liaison McComber informed the Commission that the City Council approved the Planning Commission recommendation of appointing Commissioner Dwyer for an extended term of one -year. Planning Commission Minutes June 9, 2005 Page 9 of 9 Informational: A. Next Meeting July 14, 2005 7:00 p.m. —Regular Meeting B. Council Representative June — Commissioner Oswald July — Commissioner Dwyer Adjournment Commissioner Liljegren, seconded by Commissioner Oswald, moved to adjourn at 9:23 p.m. Carried 5 -0. Respectfully submitted, 41� - A jLaxn0j­� J , ie A. Hultman Planning & Code Enforcement Approved by the Planning Commission: July 14, 2005. 4 -0