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HomeMy WebLinkAbout06-12-2003 MinutesCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, June 12, 2003 Call To Order /Approval of Agenda Chair Dwyer called the meeting to order at 7:00 p.m. Present: Commissioners Liljegren, Oswald, Runk and Powell. City Administrator Johnson, City Planner Richards and Commission Liaison McComber. Chair Dwyer welcomed new Commissioner Chuck Oswald. Commissioner Liljegren, seconded by Vice Chair Runk, moved to approve the Agenda as presented. Carried 5 -0. Approve Minutes: Vice Chair Runk, seconded by Commissioner Powell, moved to approve the Minutes of May 8, 2003 as amended. Carried 5 -0. Department /Commission Liaison Reports /Other Reports A. Commission Liaison None. B. Other: None. Visitors /Public Comment There were no visitors to the meeting or public comment other than items upon the Agenda. Public Hearings A. Midas — Multi- tenant Retail Building To consider requests for site plan review, zoning district text amendment and conditional use permit for a one- story, multi - tenant retail building located between Applebee's and Jerry's Auto Detail at 60`'' St. N. City Planner Richards provided a brief review of the requests and reviewed his memo summarizing events of the May Planning Commission meeting. Richards pointed out that the matter of the zoning text amendment would need to receive approval prior to any other approvals being permitted. Richards noted that when the Central Business District zone was created, it was specifically designed to not include any type of automobile repair and that those types of uses existing at the time were "grand- fathered" in . Richards asked the Commission for direction on the zoning ordinance amendment in the way of a recommendation to be forwarded to the City Council as the first step of addressing the applicant's requests. Chair Dwyer opened the hearing for public comment at 7:08 p.m. Charles Radloff for the applicant, addressed the Commission and noted that a variety of issues have been discussed with staff, including water run off and curb cuts. He expressed that it seemed prudent to address the matter of the zoning text amendment prior to expending time and finances on the details of the project as they would become irrelevant if the project wasn't permitted to be in the area. Planning Commission Minutes June 12, 2003 Page 2 of 3 Mr. Radloff commented on the request for zoning text amendment, stating that the land had been conveyed, with a covenant that a Midas building be on the parcel. He indicated that they were surprised to learn that their parcel was being included in the Central Business District zoning and as such the Midas use not permitted under the zone. He expressed that his client had been under the impression that his property would not be affected by the zoning change. To that end, Mr. Radloff suggested that the Commission consider the parcel as having been "grandfathered" as a result of the property having been sold and owned by his applicant, prior to the Central Business District zoning, with the deed restriction that a Midas be placed upon the parcel. City Administrator Eric Johnson thanked Mr. Radloff and his client, Peter Houser for working with the City in addressing questions related to the parcel and their request. He expressed his understanding that while a deed restriction may exist, it has no bearing on the decision for the land use by the City. Very brief discussion ensued between Johnson, Richards and Mr. Radloff as to the process held at the time of rezoning and efforts undertaken in addressing concerns for affected property owners. Commission discussion ensued as to the nature of a Midas operation, possibilities of removal or easing up on the deed restriction in light of city ordinance standards, the possibility of grand- fathering versus a zoning text amendment, the practice of selling land with such deed restrictions. It was noted that the City is not part of any such transaction, nor as a practice are they consulted of such an arrangement. Commissioner Liljegren, seconded by Vice Chair Runk, moved to close the public hearing at 7:23 p.m. Carried 4 -0. Commission discussion ensued as to the property deed covenant, planner's request to table the conditional use permit and site plan review, Hwy. 36 changes and potential ramifications, deadlines to act upon the applicant's request, Hwy. 36 mapping and timeline goals and general concern of potential changes and their impact upon the property being considered. Vice Chair Runk, seconded by Chair Dwyer, moved to close the public hearing at 7:23 p.m. Carried 5 -0. Discussion ensued as to Hwy. 36 mapping process and approximate timelines for the same, potential impact upon Central Business District flavor with a Midas presence, possibility of allowing a zoning map change versus a text change putting the few currently existing automotive uses along 60` St. out of the Central Business District, mixed use of the retail center being proposed, the desire not to see an auto mall and alternatives for dealing with the deed restriction placed upon the parcel by the seller to the applicant. Planning Commission Minutes June 12, 2003 Page 3 of 3 Vice Chair Runk, seconded by Commissioner Powell, moved to recommend that the City Council deny amendment to the zoning ordinance, permitting light auto repair within the Central Business District. Carried 5 -0. New Business A. Council Representative Schedule: Review and Update: Chair Dwyer reviewed the schedule and noted that November needed to be filled. Commissioner Oswald will serve as Council Representative for the month of November. Old Business No Old Business was placed on the Agenda at the time approval. The following items were discussed at this section. Vice Chair Runk noted that the Planning Commission Bylaws require a recommendation be made to the City Council. Brief discussion ensued wherein it was clarified that this does not mean that an item cannot be moved forward to City Council without a recommendation of the Planning Commission. Chair Dwyer encouraged all citizens to participate in City meetings and attend them when they may be affected by matters being discussed. Dwyer pointed out the importance of citizen participation and that Planning Commission recommendations are forwarded to the City Council for their review, consideration and decision. Informational Brief discussion was had as to potential development applications being received for Jul public hearing and as to the status of the vacant Rainbow Foods store space and fuel center. A. Next Meeting July 10, 2003 - 7:00p.m. B. Council Representative June - Chair Dwyer July - Chair Dwyer Adjournment Commissioner Powell, seconded by Commissioner Liljegren , moved to adjourn at 7:43 p.m. Carried 5 -0. Respectfully submitted, JA e A. Hultman Community Development Approved by the Planning Commission: July 10, 2003. 5 -0