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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.