HomeMy WebLinkAbout03-09-2006 MinutesCITY OF OAK PARK HEIGHTS
;± PLANNING COMMISSION MEETING MINUTES
Thursday, March 9, 2006
Call to Order / Approval of Agenda:
Chair Runk called the meeting to order at 7:00 p.m. Present: Commissioners Caspers, Dwyer,
Liljegren and Wasescha; City Planner Richards, City Administrator Johnson and Alternate
Commission Liaison Swenson. Absent: Commission Liaison Doerr.
Commissioner Wasescha, seconded by Commissioner Caspers, moved to approve the Agenda, as
presented. Carried 4 -0.
Adjourn to Annual Meeting:
Commissioner Wasescha, seconded by Commissioner Caspers, moved to adjourn to the Annual
Meeting. Carried 4 -0.
Call Annual Meeting to Order:
Chair Runic noted that the purpose of the Annual Meeting was to learn whether or not
Commissioners with terms scheduled to expire have interest in seeking reappointment and to
elect the Chair and Vice Chair if needed. He pointed out that the Chair and Vice Chair were
elected in 2005 and since the terms were for two years, there was nothing needed for item B.
Chair Runk called the Annual meeting to order.
A. Declaration of Commissioners Caspers, Dwyer & Runk, whose terms end Maw
regarding reappointment
Chair Runic directed inquiry of term appointment interest, begimung with
Commissioner Caspers, who indicated she was undetermined about whether or not to
seek reappointment. Brief discussion was had. Commissioner Wasescha, seconded
by Commissioner Dwyer, moved to continue the Annual Meeting to April 13, 2006.
Carried 4 -0.
Approve Minutes of February 9, 2006:
Commissioner Caspers, seconded by Commissioner Dwyer moved to approve the Minutes with
typographical corrections. Carried 4 -0.
Department /Commission Liaison Reports /Other Reports:
A. Commission Liaison
B. St. Croix Crossing _ Update
C. Other
Visitors /Public Comment: None.
Planning Commission Minutes
March 9, 2006
Page 2 of 8
Public Hearings:
A. Jacob Holdings of 60 St. LLC Conditional Use Permit Amendment and Variance — 14738
60 t1i St. N.
City Planner Richards reviewed his planning report of the applicants request for amended
conditional use permit relative their auto sales operation. Richards noted that amendments to the
requirements of the conditional use permit approved in December 2003 was being sought as the
applicant does not wish to improve upon an area that is presently shown as an area to be taken as
party of the Hwy. 36 bridge project and in light of timeline changes with the MPCA issue being
handled by the owner of the parcel they currently lease and are using as part of their business
operation. Richards noted that the applicant has expressed redevelopment of the site into a new
auto dealership once the plan for Hwy. 36 becomes known.
Chair Runk opened the hearing for public comment and invited the applicant to speak.
Dan Boivin, Attorney for Hecker Automotive and Bill Rambo, Hecker Automotive Project
Manager, addressed the Commission and discussed with them the basis for their request. Discussion
was had as to the MPCA situation at the leased parcel as was the uncertainty of alterations to Hwy.
36. Mr. Rambo discussed the lighting concern for the existing site and stated that he would look
into it. Mr. Rambo stated that the goal was to build a new store at the site and they didn't want to
have to expend any more than necessary.
There being no other visitors to the public hearing, Commissioner Dwyer, seconded by
Commissioner Wasescha, moved to close the public hearing. Carried 4 -0.
Discussion ensued as to the proposed alterations to Hwy. 36 and the bridge as being an element to
this project consideration, timelines, reasonable time frames, new store versus compliance deadlines
to existing site and the MPCA matter's progress and facilitation. It was noted that Hecker
Automotive was leasing the parcel and that the owner was facilitating the MPCA matter for the
parcel and that at such time it is resolved Hecker Automotive will purchase the parcel so that the
two lots may be combined. Commissioner Dwyer expressed that without information as to the
MPCA soil clean up effort he didn't feel that they had adequate information to make and informed
recommendation on the matter being requested and noted that he would like to see information on
the clean up and have someone present who can speak to what is happening with it.
Commissioner Dwyer, seconded by Commissioner Wasescha, moved to continue the public hearing
to the next regular Planning Commission meeting with the understanding that the Commission
would receive information as to the MPCA soil clean up situation and that someone that could
speak to the situation would be present at the continued hearing. Carried 4 -0.
Planning Commission Minutes
March 9, 2006
Page 3 of 8
B. W.A.T.E. Enterprises, Inc. (Will Zintl) P.U.D. Amendment & Site Plan Review — 5670
Memorial Ave. N.
City Planner Richards reviewed his plarming report of the applicants request for amended planned
unit development: concept and general plan and site plan review. Richards noted that the
amendment requested would comlect the existing principal building with an existing storage facility
and add 3,870 sq. feet of cold storage to the building. Richards briefly discussed the site history and
reviewed the proposed conditions of the planning report.
Chair Runk opened the hearing for public comment. There being no visitors to the hearing,
Commissioner Dwyer, seconded by Commissioner Wasescha moved to close the public hearing.
Carried 4 -0.
Commissioner Dwyer, seconded by Commissioner Caspers moved to recommend City Council
approval of the request for amended concept and general planned unit development, subject to the
following conditions:
The grading and drainage plan shall be subject to the review and approval of the City
Engineer.
2. The utility plan shall be subject to the review and approval of the City Engineer.
3. The lighting plan shall be subject to the review and approval of City Staff.
4. The location(s) of fire hydrant(s) shall be subject to the review and approval of the Fire
Chief.
5. A revised Development Agreement, if necessary shall be subject to the review and
approval of the City Attorney.
Carried 4 -0.
C. Anchobaypro, Inc. (Tim Nolde) Conditional Use Permit for fill placement in area located
north of 58 St. and West of Oakgreen Ave. N.
City Planner Richards noted that the request was relative to the proposed Oakgreen Village project
and reviewed his planning report as to the applicants request for conditional use permit to stockpile
topsoil and granular material within the second phase of the Oakgreen Village project. It was noted
that the material would come from the Lowe's site and that it would equal approximately 40,000
cubic yards of topsoil and an equal amount of granular material, necessitating the requirement of a
conditional use permit. Richard reviewed proposed conditions and noted an additional proposed
condition from the City Attorney of security ensuring compliance with the conditions of any
approval.
Planning Commission Minutes
March 9, 2006
Page 4 of 8
Chair Runk opened the hearing for public comment.
Todd Erickson of Folz Freeman Erickson Inc. — 5620 Memorial Ave. N introduced himself as the
Project Engineer and stated that they are working with Lowe's developer to take their extra site
material and make it useable at the proposed Oakgreen Village development. Erickson discussed
how the fill material would be used within the project phasing and how it would be seeded, planted,
maintained and how drainage would be facilitated. Discussion ensued as to which properties on
Oakgreen Ave. were under the developments control, the berm to the rear of those properties,
method of silt fencing and safeguarding of the adjacent properties from runoff.
Lisa Anderson — 1399160" St. Ct. N. questioned where the vehicles moving the fill would be
driving and wanted to kriow if the fill being moved was non - contaminated.
Mr. Erickson addressed the questions, stating that the fill would be moved across the development
site and that there would be no on -road driving activity. The soil has been tested and contaniinates
will not be moved to the fill pile and that all fill activity will be managed in compliance with the
MPCA requirements.
Discussion ensued as to timing and maintenance. Mr. Erickson noted that they were looking at an
approximate 3 -week window for fill movement and placement, after which the seeding and
maintenance process would commence. He explained this process and what method and seeding
they proposed to use on the fill berm.
Bill Boland — 13981 60 St. Ct. N. expressed his concerned as to any additional drainage onto the
Pondview Condominium neighborhood as a result of the berm height and slope. Mr. Erickson
discussed Swale placement and drainage routing, planting of the berm and noted that the berm
proposed will have a 3 to 1 slope ratio, making it a maintainable berm.
Lisa Pingel — 5830 Oakgreen Ave. N. noted that the field to the rear of her home already receives an
abundant amount of moisture and expressed her concern of increasing water to the area. Discussion
ensued as to water runoff routing and water diversion mechanisms as well as plans for the tree line
between her property and the proposed development.
There being no other visitors to the public hearing, Commissioner Caspers, seconded by
Commissioner Dwyer moved to close the public hearing. Carried 4 -0.
Discussion ensued as to water routing, conditions of planning report, status of development
agreement between City and adjacent development to proposed Oakgreen Village and Lowe's, and
possibilities of project monitoring in relation to potential soil contamination issues.
Planning Commission Minutes
March 9, 2006
Page 5 of 8
Commissioner Dwyer, seconded by Commissioner Caspers moved to recommend City Council
approval of the conditional use permit request, subject to the following conditions:
The fill material, upon its placement, shall be immediately surrounded by silt fencing as
provided in the plans submitted as part of this conditional use permit application.
2. The fill material shall be explicitly limited to those areas and elevations as approved by
the City Council. Any variance from the plan shall be approved in writing by the City
Engineer.
The plans shall be subject to the review and approval of the City Engineer.
4. The fill shall be moved and final graded within 30 days following commencement of
activity at either site. Seeding and landscaping shall be completed within 45 days from
commencement of fill activity at either site. A landscape plan and specifications for
seeding shall be provided by the applicant and approved by the City prior to the
movement of any fill material onto the site.
The applicant shall provide a dust containment plan, prior to the movement of any fill
material onto the site, subject to the review and approval of the City Engineer,
6. The applicant shall provide a security in the form of a letter of credit in the amount of
$20,000 for completion of all conditional use permit conditions within one year of City
Council approval and subject to the approval of the City Engineer.
7. The drainage plan shall be revised, subject to review and approval of the City Engineer,
to incorporate changes so as to eliminate runoff onto Oalgreen Avenue properties.
8. The applicant shall secure a licensed environmental specialist, subject to the approval of
the City Engineer, to be on site at all times during fill excavation and placement to
ensure that there are not findings of inappropriate buried material or containments.
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.
Carried 4 -0.
D. Anchobg3Tro, Inc. (Tim Nolde) P.U.D. — Concept Plan, Subdivision & Site Plan Review
for Oakgreen Village located north of 58 St. and West of Oakgreen Ave. N.
City Planner Richards reviewed his planning report as to the applicants request for a revised
planned unit development concept plan, subdivision and site plan review and discussed the history
of the project before the Planning Commission and City Council.
Planning Commission Minutes
March 9, 2006
Page 6 of 8
Chair Runk noted that the planning report asks for comment as to residential or retail being the best
use for the area and stated that any comment on the use, from the audience would be beneficial.
Chair Runk opened the hearing for public comment,
Todd Erickson of Folz, Freeman, Erickson, Inc. — 5620 Memorial Ave. N introduced himself as the
Project Engineer and briefly discussed the changes made to the plan and road alignments. He noted
that he believed the plan to be good both functionally and marketwise for the current phase and for
its future phase for the area. Mr. Erickson made himself available and addressed questions
throughout the remainder of the public hearing.
Lisa Anderson — 13991 60 "' St. Ct. N. questioned as to whether or not the entry at Novak Ave. had
to run through to Oakgreen Avenue or it could be ended at the first commercial property.
Lisa Pingel — 5830 Oakgreen Ave. N. requested clarification of the ponding plans within the
phasing, drainage and runoff control.
Bill Boland — 13981 60 St. Ct. N. expressed his concerned as to the condition of the existing storm
sewer manholes at Pondview Condominiums and questioned whether or not the existing system
would be able to accommodate additional use.
Discussion ensued as to Novak entry roadway, ponding location and design, drainage and runoff
control, right -of -way, setbacks from homes closest to the roadway, residential versus retail use of
the area, private versus public roadways and issues of concern such as snow removal, grading,
signage design and maintenance and the conditions proposed within the planning report.
Commissioner Dwyer, seconded by Commissioner Wasescha, recommended City Council approval
of the revised planned unit development concept plan, subject to the following conditions:
B -4 District standards are compliant with the proposed project application.
2. The applicant provides a property appraisal, acceptable to the City Attorney to calculate
park dedication.
3. The plat shall dedicate right -of -way for Novak Avenue, 59 Street and Oakgreen
Avenue as required by the City Engineer and the City Attorney,
4. The Planning Commission recommends that the City acquire the right -of -way for 59
Street as part of the Oakgreen Village plat but not construct the roadway at this time.
5. The Planning Commission is favorable to the design of Novak Avenue including the
screening, landscaping and berms proposed on the preliminary plan.
Planning Conunission Minutes
March 9, 2006
Page 7 of 8
6. The Planning Commission recommends a public street network for this development.
7. The Fire Marshall and the Police Chief should review the plans and determine the
accessibility of emergency vehicles throughout the development.
8. The Park Commission should comment on the proposed private and public trail system.
9. All required setbacks to conform to zoning and wetland ordinance requirements and
shall be incorporated in the general plan of development.
10. All perimeter units must maintain a 20 -foot setback to the lot lines.
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.
13. Detailed 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.
Carried 4 -0.
New Business:
A. Commission Vacancy Direct Advertisement and Schedule Date for Interview
Chair Runic noted that there would be at least once Commission vacancy at the end of May. He
discussed commencing advertisement immediately, with interviews to be held sometime prior to
the May Commission meeting, so that a recommendation could be made to the City Council for
their May meeting and having the new member or members seated for the June Planning
Commission meeting. Commission consensus was to direct staff to proceed as discussed by
Chair Runic.
Old Business: None.
Planning Commission Minutes
March 9, 2006
Page 8 of 8
Informational:
A. Next Meeting April 13, 2006 7:00 p.m. — Regular Meeting
B. Council Representative March — Chair Runk
April — Commissioner Caspers
Adjournment Commissioner Wasescha, seconded by Commissioner Dwyer, moved to adjourn
At 9:22 p.m. Carried 4 -0.
Respectfully submitted,
r n
Jule A. Hultman
Planning & Code Enforcement Officer
Approved by the P1arming Comnussion: April 13, 2006.