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HomeMy WebLinkAbout01-21-1999 MinutesCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MINUTES, JANUARY 21, 1999 Call To Order/Approval of Agenda Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners Dahlquist, Schultz, Vogt, and Wasescha. Staff Present: City Planner Richards, Community Development Director Danielson, Administrative Assistant Mesko, Community Development Secretary/Recorder Hultman, and City Council Liaison, Swenson. Agenda Additions Added to "New Business" B. New City Council Liaison and C. Letter from Baytown Township Clerk. Added to "Informational /Update" B. Alternate Commissioner and C. Stillwater Area High School: Ropes Course C.U.P. Visitors Tom Bidon, Lake Elmo; Lynae Byrne, Oak Park Heights City Councilmember; Rollie Crawford, Attorney representing Bob Brackey; Chuck Dillerud, Lake Elmo City Planner; Susan Dunn, Lake Elmo; Carol Palmquist- Eilers, Lake Elmo; Donna S. Gray, Oak Park Heights; Dwight Harvey, President of Carriage Homes, Stillwater; Chuck Kotval, Oak Park Heights; and Tom O'Donnell, Lake Elmo. Approval Minutes Commissioner Dahlquist, seconded by Wasescha, moved to approve the Minutes of January 7, 1999 as amended. Carried 4 -0. Schultz abstained. Public Hearings A. Continued- A request for a senior apartment building at 56 St. N. and Osman Ave. N .: Chair Hedlund informed the audience that the first public hearing on this matter was held October 15, 1998, at which time lengthy public input was received. Since then it has been continued several times to allow the applicant time to submit required information for the proposed project. City Planner Richards informed the Commission that the applicant, Carriage Homes, has submitted plans for a 41 -unit elderly apartment complex, which requires a subdivision review, a conditional use permit and variance approval. He noted that the fourth floor office area has been eliminated from the prior plan and that the square footage of the lot area has increased. City Planner Richards highlighted his January 14, 1999 Planning Report on the proposed project, noting aspects to be considered in relation to the City's ordinance requirements. Chair Hedlund opened the hearing for public discussion at 7:12 p.m. Dwight Harvey, President of Carriage Homes introduced himself and announced that he would answer questions regarding the proposed project that anyone would like to present to him. Donna S. Gray, Oak Park Heights, asked Mr. Harvey if parking would be included in the rental fee for the units, to which he applied that it would be. Chuck Kotval, Oak Park Heights, asked if the outside dimensions of the building were the same as the original plan and asked where the office space originally planned for went. City Planner Richards stated that to his knowledge, nothing had changed with respect to the outside building dimensions and that the office space use had been eliminated from the plan. Mr. Kotval asked if it was planned to develop the off=ice space later to which City Planner Richards responded that it was not planned and that if the applicant wished to do so, they would have come back to the Commission for approval. Mr. Kotval asked what the dimensions between 56 St. N. and the buildings were. City Planner Richards stated that the buildings are setback twenty -four feet (24') from the property line and that the dimensions from the building to the middle of 56 St. N. would be approximately thirty -four feet (34'). Commissioner Dahlquist, seconded by Schultz, moved to close the public hearing at 7:15 p.m. Carried 5 -0. Chair Hedlund addressed the variance hardship issue with City Planner Richards seeking to clarify that it is the way the property was platted that presents the difficulty in building placement. City Planner Richards that this was accurate and that it was his opinion that it was the lot configuration that presented the hardship. Commissioner Dahlquist asked if the property was platted at the time that Krongard Construction development was planned. City Planner Richards replied that the property had been platted prior to that time. Chair Hedlund asked if the building size could be reduced to meet the required setbacks. City Planner Richards stated that the applicant could reduce the size of the building and noted that he did not feel that this would be advantageous in relation to what the City is seeking to see developed in that area. Commissioner Dahlquist noted that the ordinance refers to reasonable use and asked City Planner Richards if there were other development potential for the property that provided for reasonable use. City Planner Richards replied that the City feels that there would be good public use with other developments. Discussion on parking commenced with Commissioner Vogt asked how much parking being provided for the building tenants. City Planner Richards stated that each unit is being allowed one automobile. Chair Hedlund inquired as to how enforceable would the conditioned lease language prohibiting second vehicles for parking in the above ground parking lot, intended solely for visitors. City Planner Richards indicated that it would be enforced as outlined in the City's Ordinance. Commissioner Dahlquist asked if the underground parking stalls met established requirements. City Planner Richards stated that they did. Commissioner Wasescha asked if two handicapped spots were all that was required. City Planner Richards stated that two stalls inside and outside are required. Wasescha expressed her concern about the number of inside handicapped parking stalls in an elderly housing complex, possibly forcing a handicapped tenant to park outside. 2 Chair Hedlund expressed his concern about the ingress /egress exceeding the maximum distance as established by the City's Zoning Ordinance. He questioned if the roadway was ever measured. He commented that the roadway becomes narrow at Osman Avenue, just north of the intersection and that he is concerned about the placement of an entrance so near the intersection. City Planner Richards noted that parking on the street is to be restricted. Administrative Assistant Mesko stated that she has observed the area and the she found the roadway to be within standard measurement. Commissioner Wasescha expressed that she finds the roadway congested and that she believes parking on the street should be restricted. City Council Liaison Swenson expressed that with respect to fire safety, a larger curb cut would be desirable. General discussion as to construction and meeting fire safety requirements ensued. Commissioner Dahlquist indicated that he likes the type of building use being presented; however, he had a problem with the variance issue because of there being so little setback. He questioned the possibility of vacating 57 St. sections to provide additional land space for the building and perhaps aiding to address the building entrance issue. City Planner Richards indicated that vacating the land would not be likely due to emergency vehicle access and such. Dahlquist stated that he would like to find a solution to make this project work and asked City Planner Richards if there were any other options that could be pursued. Richards indicated that he really didn't know of any but that it could be researched. Chair Hedlund and Commissioner Dahlquist agreed that the proposed building is too large for the lot. Chair Hedlund noted that the garbage dumpster is located in the middle of the garage and asked how garbage removal was going to be handled. Dwight Harvey of Carriage Homes, stated that they plan to drive the dumpster down the middle of the garage to the outer area for collection. Commissioner Wasescha inquired as to what was planned for snow removal. Mr. Harvey indicated that they plan to haul snow away from the site; although, there is a small area where some snow could be piled. Commissioner Dahlquist addressed the proposed signage exceeding the requirements established in the City's Zoning Ordinance. City Planner Richards stated that the proposed sign is significantly larger than that allowed by ordinance and that the applicant will be required to submit revised signage plans subject to review and approval of City Staff. Commissioner Wasescha, noting the proposed development of Boutwell's Landing by Valley Senior Services Alliance, asked Mr. Harvey what kind of market study had been undertaken indicating that the proposed development is something that the City needs. Mr. Harvey indicated that some research had been completed and though he did not have any specific information with him, stated that he believed that the market will sustain the units. Chair Hedlund stated that he felt that the applicant was over reaching in the size of the building for the lot and that the issues of vacation were uncertain. He further stated his opinion that somehow there needs to be additional land brought into this project to address the parking and safety issues for the area. Chuck Kotval, stated that he would be more in favor or an additional townhome or twinhome type building being constructed rather than the proposed project. Commissioner Vogt stated that he did not find the lot dimensions to be a hardship for granting the requested variance and moved to recommend that the City Council deny the variance requested based on the request not meeting the criteria as established in the Zoning Ordinance. Motion seconded by Commissioner Dahlquist. Carried 5 -0. Commissioner Vogt, seconded by Wasescha, moved to recommend that the City Council deny the requested conditional use permit based on the variance being denied. Carried 5 -0. Commissioner Dahlquist expressed that he favored the building design and that his opposition to this plan does not indicate that he is opposed to the proposed project. B. Continued- A request to consider a conditional use permit for a student transportation facility and bus garage at 5302 Stagecoach Trail, N .: City Planner Richards advised the Commission that Ryder has asked for a continuance to February 25, 1999, so that they may continue to respond to questions related to environmental issues, traffic and external effects to the surrounding area. He further noted that Ryder will be holding a neighborhood meeting on the proposed project and will be contacting the surrounding residents with the time and place for this meeting. As this hearing had been continued at the January 7, 1999 Planning Commission meeting, no motion to continue was required. The public hearing will be continued to February 25, 1999. C. Continued -To consider the 1998 update of the Oak Park Heights Comprehensive Pla City Planner Richards noted, for the record, receipt of correspondence received from David T. Magnuson, Attorney for the Town of Baytown and response from Community Development Director Danielson and provided the audience with a brief history of the plan. Chair Hedlund opened the hearing for public discussion at 8:20 p.m. Attorney Rollie Crawford, representing Bob Brackey presented the Commission and City Staff with written response to the plan. He noted that this response was being submitted as legally required for entering evidence. He stated that investments have been made, reliant on what had been indicated by the City in the past and that he is concerned about the astronomical economic affects that could occur by some of the changes placed within the proposed comprehensive plan with respect to planning district 13. E Attorney Crawford expressed that he and his client would like to see the district zoned B- 2, General Business and do not wish to be compromised by anything otherwise. He expressed that he felt there was a historical basis for planning to be along this zoning classification. He noted that his response, submitted as evidence, included a suggested proposal for solution in district 13. He stated that he generally likes what it is in the comprehensive plan draft at this point and pointed out that his response is designed to serve as a tool if any reference information about the landowner should be desired. He further stated that he would like to pursue open dialogue to address development issues for this area. Commissioner Wasescha assured him that the City has a definite history of doing so. Chuck Dillerud, Lake Elmo City Planner, stated that he was representing Lake Elmo City Administrator, Mary Kueffner, and distributed a letter from the City of Lake Elmo, dated January 21, 1999. He further stated that the Lake Elmo City Council has directed City Staff to maintain vigilance in their opposition to the comprehensive plan being drafted by the City of Oak Park Heights. Planner Dillerud highlighted points of the letter, indicating the City of Lake Elmo's position on the comprehensive plan update. He noted that he is concerned about the difference in his calculations and of those included in the plan. He asked that City Planner Richards and other technical staff review the calculations, within the letter, and respond to them at a later date. For the record, Community Development Director Danielson asked Mr. Dillerud, to respond to Attorney Magnuson's claim that the City of Lake Elmo had not in fact, received a copy of the comprehensive plan upon their request for one. Mr. Dillerud responded that the City had received a copy of the plan as requested. She noted that the City of Oak Park Heights has requested a copy of the comprehensive plan for the City of Lake Elmo and has not received the materials or a response. Commissioner Dahlquist inquired about forecasting growth and Metropolitan Council's plan. He asked where the MUSA line is going to end up, noting that the City of Oak Park Heights is right on the edge. City Planner Richards stated that the language placed in the Regional Blueprint, prepared by Metropolitan Council, would determine where the MUSA line ends up. Chair Hedlund noted that the City of Oak Park Heights has received a letter, from a Lake Elmo resident, requesting annexation. The resident appears to seek annexation in order to attain city water and sewer connection and had been informed by the City of Lake Elmo that they would not be able to attain this from the City of Lake Elmo. Chuck Dillerud, Lake Elmo City Planner responded that the present City policy does not provide for central sanitary sewer. Tom O'Donnell, Lake Elmo, introduced himself as the neighbor of the party seeking annexation. He inquired as to the status of the issue extending the cul -de -sac at the Kern Center was. Community Development Director Danielson informed him that the work is scheduled to begin this spring and that tree clearing will be kept to a minimum. 5 Mr. O'Donnell stated that they moved back to the area because they really liked the rural area. He expressed his concern about the increase of traffic on the curvy road and stated that he would like to see the City reconsider its decision to open it out and asked if it was too late to address the matter and if not, who could he speak with. Council Liaison Swenson stated that the City Council did speak with the Kern Center property owners, during the annexation process and noted the concern with fire safety issues with the roadway closed off. Carol Palmquist- Eilers, Lake Elmo, concerning the term appropriate (land) use, stated that she believes the property is development driven and that money is the bottom line of issues in this case. Mrs. Eilers expressed that it was her understanding that the land was determined to be inappropriate land use for water and sewer, during the Screaton annexation request, resulting in the land being annexed to the City of Lake Elmo. She suggested that the Commission educate themselves on the history of issues and not rely solely on information provided to them from staff. She feels that the land use determination already made should remain as it is and does not see where there should be further discussion of the subject. Chair Hedlund advised her that discussion continues to occur because residents of the area keep coming back to the City of Oak Park Heights, requesting annexation. City Planner Richards confirmed Commissioner Dahlquist's inquiry that the City of Oak Park Heights could end up with the land, even if it doesn't want it, because of decisions made at the Municipal Board level. Dahlquist noted that the comprehensive plan is not designed to encourage annexation but to plan for the possibility of it. Susan Dunn, Lake Elmo, asked how many acres of land, outside of Oak Park Heights' City limits, are being considered in the comprehensive plan. City Planner Richards stated that approximately 200 acres were being considered. Ms. Dunn asked that the Commission reconsider some of the planning issues suggested, noting that she does not plan her neighbor's yards and hopes that the City of Oak Park Heights does not plan hers. Chuck Dillerud, Lake Elmo City Planner, stated that the City of Lake Elmo does not want to see the City of Oak Park Heights walk into the Municipal Board, sometime in the future, and say "it's noted in our plan; therefore, it should be annexed" and consider it a done deal. Commissioner Wasescha, seconded by Dahlquist, moved to continue the public hearing to February 25, 1999. Carried 5 -0. Old Business: A. Planning Commission Projects for 1999 Chair Hedlund noted a memo from City Planner Richards, regarding 1999 Planning Commission project suggestions. Commissioner Vogt noted the planning district numbers, as identified in the comprehensive plan, appear to be a useful tool and suggested revisiting this. Chair Hedlund announced that the City Council will be setting goals in March as will be the Planning Commission. I City Planner Richards outlined the suggestions included in his memo. Chair Hedlund asked that the Planning Commission come to the February 25, 1999 meeting, prepared to propose their goals, so that they can be referred to the City Council to be used in their goal setting session. Commissioner Dahlquist suggested adding review of the senior housing requirements. City Planner Richards indicated that he would add this to the list. Commissioner Vogt would like to see training objective for Commissions in 1999 included. Richards will check with Government Training Service Programs to see what training is available and suggested that more members would be able to attend the training conference in 1999. B. Notification Signs Community Director Danielson advised the Commission as to the signage size and design. Discussion ensued as to length of placement as sites. Danielson indicated that sign posting would be consistent with the City's public notification standards. New Business: A. City Liability Memo The Commission acknowledge receipt of Community Director Danielson's, January 4, 1999, memo regarding issues of personal liability resulting from decisions made by Commissions and the City Council for activities in pursuit of city business as formulated by City Attorney Vierling. B. New City Council Liaison Mark Swenson introduced himself, described what he felt his role as liaison was, informed the Commission that he was willing to be as involved as they would like him to be, and sought their direction. Brief discussion ensued as to who should be responsible for various facets of the Commission. The Commission determined that until this Summer, at which time the arrangement will be reviewed and evaluated, Liaison Swenson should attend the regular meetings of the Commission, as his presence would be helpful when "gray" areas of issues surface and that City Planner Richards would present the Commission report to Council. Additional Commission responsibility structure includes: (1) Departmental Report being provided to the Council by a Commissioner, who shall be responsible for reporting back to the Commission at its next meeting; (2) Larger issues regarding reports to the Council shall be provided by City Planner Richards, who will defer to the present Commissioner when necessary; and (3) Council meeting Minutes shall be included in the Planning Commission packets for their reference. C. Letter From Baytown Township Clerk Commission acknowledged receipt of letter from Baytown Township Clerk, Patricia St. Claire. Brief discussion was ensued as to preparing a response. Consensus was that no response was deemed necessary. Chair Hedlund suggested that it may be beneficial to have a meeting with neighboring communities, once comprehensive plans are completed, to communicate to each other what their respective goals and objectives are. Council Liaison Swenson suggested that and encourage Commissioners to attend the neighboring communities board meetings to learn what is taking place there. Chair Hedlund expressed that he felt this would be a good way to reach out. 7 Informational /Update: A. January 13, 1999 Council Meeting Follow -Up Agenda Commission acknowledged receipt. B. Alternate Commissioners Chair Hedlund noted that at the City Council workshop a suggestion of having alternate Commission members was made. He further noted that the alternate would not have voting power, unless a Commissioner was absent so as to create a quorum. Commissioners Schultz, Vogt, and Dahlquist feel that an alternate would make things more complicated during a time that the Commission is starting to firm up its own process. Commissioner Hedlund likes the idea in relation to member turn -over, stating that with an alternate there would be someone who is essentially in training mode and up to speed when they are needed. Commissioner Wasescha liked the idea in relation to having enough members present for a quorum, when schedules for the regular Commissioners become difficult and they are unable to be present. Brief discussion ensued. Commissioner Wasescha, seconded by Vogt, moved to recommend that the City Council not create an alternate member for the Commission, leaving it as it is for an indefinite time period. Carried 5 -0. C. Stillwater Area Senior High School: Ropes Course Conditional Use Permi Community Development Director Danielson advised the Commission that this matter will likely come before them at a public hearing in March. She noted that the Council has suggested that the public hearing be held at the school, where the course is located. General discussion ensued where it was determined that no reason could be found to create special circumstance and deviate from the formal policy establishing public hearing procedure. Commissioner Wasescha, seconded by Vogt, moved that any public hearing scheduled for consideration of a conditional use permit for the ropes course at Stillwater Area Senior High School be conducted in the Council Chambers at City Hall, as established by the City's public hearing procedure. Carried 5.0 Adjournment: Commissioner Vogt, seconded by Wasescha, moved to adjourn. Motion carried 5 -0. Meeting adjourned at 10:30 p.m. Respectfully submitted, {{ Julie A. Hultman Community Development Secretary/Recorder