HomeMy WebLinkAbout01-07-1999 MinutesCITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MINUTES, JANUARY 7, 1999
Call To Order /Approval of Agenda Chair Hedlund called the meeting to order at 7:00 p.m.
Present: Commissioners Dahlquist, Vogt, and Wasescha. Absent: Schultz. Staff Present: City
Planner Richards, Community Development Director Danielson, and Community
Development /Recording Secretary Hultman.
Agenda Addition Added to "New Business" (1) Valley Sr. Services Alliance (VSSA) Update.
Visitors Patrick Kelly, Ray Kennedy, John Kern, Joe Kohout, John Low, and Will Zintl
Approval Minutes Commissioner Dahlquist, seconded by Wasescha, moved to approve the
Minutes of December 10, 1998 as amended. Carried 4 -0.
Public Hearings
A. A request for a one foot side -yard setback variance for a residential dwelling a
5871/5873 Oxboro Ave. N. : City Planner Richards explained this variance was being
requested due to misinterpretation of a note, on the Certificate of Survey, regarding the
setback for the property, resulting in the side -yard setback being one foot under the ten
foot requirement. He noted that the City Engineer had reviewed the situation pertaining
to a stormwater easement in the area.
Discussion ensued as to why the builder continued working on the project after the error
was discovered. The Commission was informed by City Planner Richards and Community
Development Director Danielson that the contractor continued working with the Building
Official having advised him that he would be proceeding at his own risk.
Commissioner Wasescha, seconded by Vogt, moved to close the public hearing at 7:10
p.m. Carried 4 -0.
Commissioner Wasescha, seconded by Dahlquist, moved to recommend approval of the
requested variance, subject to the approval of the City Engineer as the proposed
variance encroaches into the stormwater easement. Carried 3 -1, Vogt opposed.
B. Continued - A request to consider establishing a B -3, Highway Business and Warehous
District in the Oak Park Heights Zoning Ordinance and to Consider Rezoning the Kern
Center From 0, Open Space to B -3, Highway Business and Warehouse Distric
City Planner Richards provided a brief history of the issue and distributed a revised draft,
of the text for the proposed B -3, Highway Business and Warehousing District, dated
January 7, 1999. He noted several language amendments, including language for #14
and #15 under permitted uses suggested by Kevin LaCasse, were made in the draft to
serve for clearer understanding. General discussion ensued regarding the change of
language.
City Planner Richards noted that under the conditional uses, Xanadu would be permitted
to continue business as it is presently, but an expansion would not be permitted under
the B -3 zoning classification. He noted that in the terms of grandfathering existing
building, uses and other site improvements, the City will treat them as non - conforming
and will address individual changes as they occur to conform with the City's guidelines.
He further noted that the City will make no guarantees to the Kern Center owners that
improvements to their site would trigger the need to make the site in total conformance.
In response to Chair Hedlund's questioning this statement, Richards stated that when
building permits are requested, the Building Official, in consultation with other City Staff
will make a decision as to whether other non - conformities need to be brought into
conformance.
Commissioner Dahlquist asked if the language amendments, suggested by Kevin LaCasse
for #14 and #15 of permitted uses would conflict with any other restrictions of the
zoning text. City Planner Richards stated that the language will serve as a suggestion of
caution and would not conflict with other restrictions established within the text.
Commissioner Vogt noted that B -2, General Business seemed to work for other
businesses and asked why the Kern Center could not be zoned likewise. City Planner
Richards stated that with the comprehensive planning, the City's seeks transition
between the two business areas and that they do not desire to see the open end of the
Central Business District continue down the highway. Restaurants & recreational uses are
examples of the restrictions, established with the B -3 zoning, that the City does not
desire to be permitted in this area. Commissioner Dahlquist stated that the B -3 zoning
essentially serves as a transition for what is to come, in the future, down Highway's 5
and 36.
Chair Hedlund requested clarification on a number of definitions of conditional uses.
Specifically, number 13 "Day treatment, human services and counseling programs."
Chair Hedlund was concerned about what types of treatment programs would be
permitted in a location directly across from the Stillwater Area Senior High School, due to
the nature of some of the type of people that may be visiting the program.
Although the public comment period for this hearing was closed at the December 10,
1998 Planning Commission meeting, Chair Hedlund invited members of the audience,
who desired, to speak on the issue.
Patrick Kelly, Attorney for several of the Kern Center property/business owners, stated
that he felt that the amended B -3 zoning text was the dictate of staff and not consensus
of the property owners as stated earlier by City Planner Richards. Attorney Kelly detailed
the existing businesses within the Kern Center and noted that the businesses are already
doing business there and asked that they be placed under permitted uses as they are.
With respect to Xanadu, he noted that the business had an open acre of property on
which they hoped to expand. He asked that Xanadu be a permitted use.
Joe Kohout, owner of Xanadu, noted that he opposes the proposed B -3 zoning. He
provided the Commission and the audience with a brief history of his business, which
opened in July of 1996, including that he worked with the School District #834 on a
program that offers incentives to students to maintain attendance and stay in school. He
noted that he would like to move forward with an expansion on the existing acre of
property he own with go carts and /or a batting cage to round out his family recreation
complex. He added that without the expansion, he anticipates financial hardship to his
operation. He feels that the B -3 zoning limits his business potential and would prefer the
B -2, General Business zoning as it allows outdoor recreational use.
John Low, Kern Center property owner, stated that he agreed with everything suggested
as permitted in the draft, except that he believed that all of the existing businesses and
their uses should also be included as permitted.
Chair Hedlund asked the Kern Center property and business owners, in an open question
to them, if given a choice would they take the zoning as it is being presented or would
they choose nothing.
John Lose stated if he had to make a choice, he would choose the plan in order to get
things moving.
Ray Kennedy, Kern Center property and business owner, stated that a large percentage
of new tenants are in the start -up phase. He estimated that with the proposed zoning,
75 percent of them would need to obtain special permits, with no guarantee if they were
starting their business. He wondered, to the Commission, why would they want to be
(doing business) there? In response to Chair Hedlund's question, he would choose
nothing.
Commissioner Wasescha asked Mr. Kennedy what he would like to see for his
undeveloped property. Mr. Kennedy replied that he would like to see the existing
business uses included in permitted uses, as indicated earlier by Mr. Kelly and
commented that he feels this process was in need of a lot more work.
Community Development Director Danielson noted that it has been made very clear that
the City had an open door policy to discuss issues of concern.
City Planner Richards noted that if the B -3 zoning was approved, the existing businesses
would not be required to apply for special use permits, as their uses would be
grandfathered in as non - conforming, as he indicated earlier in the meeting.
Will Zintl, Kern Center Property Owner, stated that he has been working with HSI to
come into the Kern Center since December of 1997 and that they are now holding back
because of the zoning change issue. He is concerned because he is trying to bring
decent businesses into the community and he feels that the existing businesses are
decent, they have been operating in the Kern Center and he feels that they should be
allowed to remain. In response to Chair Hedlund's questions, he chooses nothing.
Chair Hedlund closed the comment period at 8:25 p.m.
City Planner Richards noted to the Commission that for a recommendation to pass on this
matter a vote of four would be necessary. He further noted that the staff feels this is the
best that can be done on the matter.
Commissioner Wasescha stated that she was concerned about holding new businesses
up from moving into the area and that it was her opinion that Xanadu, as it is, is a
valuable part of the community. She voiced that she would be in favor of the proposed
text draft if Xanadu uses were included.
Commissioner Dahlquist stated that he was also concerned about the preservation of
Xanadu's business. He further stated that it was clear that the building and landowners
within the Kern Center had different ideas and wants and that there will be no
agreement between them, nor will there be a resolution to satisfy everyone.
City Planner Richards noted that indoor recreational use is already permitted within the
zoning text and that the outdoor recreational use could be included under conditional
uses.
Commissioner Vogt asked City Planner Richards if any of the existing business uses
defined by him could be B -2. Richards replied that they really could not be, because the
objective stated by the City for the type of businesses desired within the area.
Chair Hedlund stated that on the balance, he felt the proposal was a pretty good one.
He reminded the audience that the businesses are a part of the health of the City and
that the City wanted them to do well and any injury inflicted upon them would not be
intentional. He stated that the transition between the business areas is needed to
separate the residential homes from the businesses. He expressed that he also shares
the concern, voiced earlier, about Xanadu.
Commissioner Wasescha, seconded by Dahlquist, moved to adopt the B -3 Zoning text,
with the amendment to include outdoor recreational use as a conditional use, with the
language to be provided by City Planner Richards and with the language amendments
proposed by Planner Richards for #14 & #15 of permitted uses with staff revision.
Failed. 3 -1 Vogt Opposed.
Commissioner Dahlquist, seconded by Wasescha, moved to sent this matter to the City
Council without a recommendation.
Councilmember, David Beaudet thanked the Chair and each of the parties involved with
this matter for their efforts to attain a compromise. He noted his understanding of the
complexities of the issue at hand.
City Planner Richards stated that the matter will be brought to the City Council at its
meeting of Tuesday, January 12, 1999.
C. Continued- A request to consider a conditional use permit for a student transportatio
facility and bus garage at 5302 Stagecoach Trail, N .: City Planner Richards advised the
Commission that Ryder has asked for a continuance so that they may respond to
questions related to environmental issues, traffic and external effects to the surrounding
area. The City has granted them until Monday, January 11, 1999 to submit the
information required from staff. Ryder will be holding a neighborhood meeting of their
own before the January 21, 1999 Planning Commission meeting and will be contacting
the surrounding residents with the time and place for this meeting.
Chair Hedlund, seconded by Wasescha, moved to continue the public hearing until
January 21, 1999. Carried 4 -0.
D. Continued- A request for a senior apartment building and professional office building
uses at 56 St. N. and Osman Ave. N .: City Planner Richards informed the Commission
that the applicant, Carriage Homes, has submitted most of the additional information
required for review of the Conditional Use Permit and Variance requests. He noted that
Carriage Homes has dropped the professional office use from the proposed project and
that they have acquired an additional five feet of property to add to the proposed
project. City Planner Richards recommended that the hearing be continued to allow the
applicant additional time to submit the additional information yet required.
Chair Hedlund, seconded by Wasescha, moved to continue the public hearing to January
21, 1999. Carried 4 -0.
Old Business:
Comprehensive Plan Update — City Planner Richards distributed a memo regarding the
implementation of the plan and project priorities. He noted that a workshop to discuss
the Comprehensive Plan was scheduled for 6:00 p.m., January 11, 1999 at the City Hall.
New Business:
1. Valley Senior Services Alliance (VSSA) City Planner Richards noted that VSSA would
like to come before the Commission in February to present their general plan.
Informational /Update:
1. Departmental Policy Memo Community Development Director Danielson reviewed her
memo for the Commission. She stated that staff is working on creating a development
project policy. Chair Hedlund and Commissioner Dahlquist asked to be appraised of this
when it was done. Chair Hedlund noted that visitors should be required to bring
overheads or other material sufficient for the audience to be able to follow discussion, be
more informed and to generate public participation.
Adjournment: Commissioner Vogt, seconded by Wasescha, moved to adjourn. Motion carried 4-
0. Meeting adjourned at 8:55 p.m.
Respectfully submitted,
Julie A. Hultman
Community Development
Secretary/Recorder