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HomeMy WebLinkAbout12-10-1998 MinutesCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MINUTES, DECEMBER 10, 1998 Call To Order /Approval of Agenda: Chair Hedlund called the meeting to order at 6:03 p.m. Present Commissioners Dahlquist, Schultz, Vogt, and Wasescha. Staff Present: City Planner Richards, Community Development Director Danielson, City Attorney, Mark Vierling, and Community Development /Recording Secretary Hultman. Commissioner Wasescha, seconded by Schultz moved to approve the agenda as presented. Carried 4 -0. Visitors: Barb Barry, Valley Sr. Services Alliance representative Douglas M. Bergmann, 14913 57 St., N., Oak Park Heights, MN Attorney Rollie Crawford, 633 S. Concord St., S. St. Paul, MN Steve DeLapp, 8468 Lake Jane TH., N., Lake Elmo, MN Kevin Furlong, 5605 Newgate Ave. N., Oak Park Heights, MN Donna Gray, 14812 58 St. N., #3D, Oak Park Heights, MN Daryl Haase, 2768 Grenada Ave. N., Oakdale, MN Lynn Hagstrom, 13210 56th St., N., Oak Park Heights, MN Gary Howe, 13210 56th St., N., Oak Park Heights, MN Attorney Patrick Kelly, 1750 N. Central Life Tower, St. Paul, MN Rick Kemper, undeveloped Kern Center property owner John Kern, 5469 Stillwater Blvd., N., Oak Park Heights, MN Joe McQuillan, 5558 Novak Ave., N., Oak Park Heights, MN Karen Norum, 5552 Novak Ave., N., Oak Park Heights, MN Tim Ritzer, Don Shoemaker, 3500 Ebba St., White Bear Lake, MN Skip Sorenson, Valley Sr. Services Alliance representative Approve Minutes Commissioner Wasescha, seconded by Schultz, moved to approve the Minutes of November 19,1998 as amended. Carried 4 -0. Commissioner Dahlquist, seconded by Schultz, moved to approve the Minutes of November 23,1998 as presented. Carried 4 -0. Commissioner Wasescha, seconded by Schultz, moved to approve the Minutes of December 3, 1998 as amended. Carried 4 -0. Chair Hedlund provided the audience with guidelines for addressing the Planning Commission, indicating that questions should be directed to the Chair and that any items distributed also be provided to the Recording Secretary, to be made part of permanent record. Public Hearings A. A Request To Consider An Amended Concept Plan For The Valley Senior Services Alliance Project South Of 58th St., N. at Norell Ave., N. : Chair Hedlund noted correspondence received from Menard, Inc. indicating their concern about residential development near heavy commercial areas and asking that the Commission consider the development with their concerns in mind. City Planner Richards provided a brief history of the proposed development to the Commission and for the benefit of the audience. Chair Hedlund opened the Public Hearing for discussion at 6:10 p.m. Barb Barry, representing Valley Senior Service Alliance (VSSA), informed the Commission that VSSA appeared before the City Council at its November 24 1998 meeting. The City Council granted VSSA Phase I Development Agreement approval and preliminary approval for revenue bonds. VSSA will appear before the City Council at its December 15, 1998 to finalize issues for revenue bonding, to be received this year. Skip Sorenson, representing Valley Senior Service Alliance (VSSA), provided a description of changes which have taken place since the original presentation of the proposed development. Said changes include VSSA completing preparation work for a wetland bridge within the park, adding a second duplex to he development, changing a 3 -story dwelling to a 4 -story dwelling, placing a 4 -plex dwelling near the development entry area, and pushing the main parkway 110 feet to the East to create a more park like environment in the community. He noted that approximately 24 acres of land is being dedicated to the City for park area. Mr. Sorenson stated that VSSA would like to commence work on the duplexes and 4 -plex units as soon as February if the weather permits. They would like to do this so that the units are ready for Spring, 1999 marketing. He stated that they expect to build the development moving North to South and that Phase II would begin approximately Fall, 1999 or Spring, 2000, dependant upon the marketing of the development. Mr. Sorenson also noted that the topography near the Autumn Ridge development was found to be incorrect resulting in miscalculation of the elevations in that area. He stated that this has been corrected. Mr. Sorenson stated that boulevard maintenance will be done by VSSA and that the City will manage the tree maintenance and snowplowing. In response to Commissioner Dahlquist's inquiry of the status of the roadways being public or private, Mr. Sorenson indicated that the southerly streets will be to City standards and will be considered as public roadways. Commissioner Wasescha inquired if the cottages were no longer part of the project's plan. Mr. Sorenson stated that based on marketing response indicating the desire of smaller sized housing, they have been eliminated from the plan. Chair Hedlund asked if these would all be rental units, to which Mr. Sorenson affirmed. Joe McQuillan, 5558 Novak Ave. N., addressed the issue of setbacks from the River Hills development, stating that the River Hills neighborhood asked for 150 feet at the first meeting on this project and that this has been reduced to 85 feet since. He asked that the Commission request the 150 feet as originally promised by VSSA. He further noted that a 4 -story building in a residential area felt like an invasion of privacy and that it would stick out. He also inquired as to the situation with pathway lighting. Barb Barry responded that the issue of pathway lighting came up in development agreement negotiations with the City and that VSSA would prefer not to provide social lighting and is not in favor of doing so, due to the expense involved. She further stated that this is an issue that she expects will be addressed by and worked out with the Parks and Planning Commissions as the project moves forward. Chair Hedlund noted that in the report received by the Commission on the project, setbacks for River Hills are 85 to 120 feet and 175 feet for Autumn Ridge. He further noted that per Mr. Sorenson's earlier presentation, Autumn Ridge's setbacks have been increased to 220 feet. John Dale, 1375155 th St., N., stated his concern about the River Hills setback issue. He noted that it had been originally stated at 150 feet from River Hills and the back of the proposed duplexes. He also stated that he was concerned about the reduction of green space in this same area with the increased number of duplexes proposed. Commissioner Wasescha left the meeting at 6:30 p.m. Karen Norum, 5552 Novak Ave.., N., expressed her concern over the River Hills setback issue. Neil Swenson, 13205 56 St., N., questioned the location of the trailways. Commissioner Dahlquist stated that the City has an easement around the pond, originally purchased for the planning of a trailway. The Commission indicated that trail locations have not yet been established. Gary Howe, 13210 56th St., N., inquired about the wooded buffer between Autumn Ridge and the proposed VSSA site. He asked if it would be possible to consider the buffer as part of the nature area or to have it dedicated as part of the park area. He also asked who would be regulating the tree demolition for the project. Chair Hedlund informed him that a tree plan is required to be submitted to the City for approval. Parks Commissioner, Kevin Furlong, was in the audience and informed the Commission that a tree preservation ordinance was presently being drafted by the City Arborist and the Parks Commission. Mr. Howe asked how much could be changed after concept approval is given. Chair Hedlund replied that the concept approval is just that and after that general plan approval is required and then each stage of the project is reviewed approved. Kevin Furlong, 5605 Newgate Ave. N., stated that he was pleased with that VSSA's willingness to expand the wooded area and thanked them for working with the neighborhood and asked that they continue to keep them apprised of their progress. Commissioner Dahlquist, seconded by Schultz, moved to close the Public Hearing at 6:55 p.m. Carried 4 -0. Commissioner Dahlquist indicated that he was generally pleased with some of the changes VSSA has made and suggested some shifting to open things up a bit more. He noted that he liked the public roads, being built to standards and stated that he feels this will best serve the City. Chair Hedlund addressed the River Hills neighborhood concern about the 150 -foot setback. Commissioner Dahlquist stated that he did not recall 150 feet and that his last recollection was 90 feet was approved. He further noted that this is a concept plan and there is room for change as the process moves forward. Barb Barry stated that in June there were setbacks of 150 feet and that they were down to 90 feet when VSSA came before the Planning Commission, when it was newly formed. She stated that VSSA is willing to look at moving the setback and work on the 4 -story building issue and pond area. Skip Sorenson stated that there was some flexibility to do some adjusting. He stated that VSSA indicated to the Parks Commission that there would be 50 -foot setbacks from the homes to the park. With the present plan he felt that he would be able to increase the River Hills setback to 150 feet. City Planner Richards indicated that Mr. Sorenson should proceed if this is possible and if the City is satisfied with the plan. Commissioner Schultz noted that VSSA has been working very well with the neighbors on the project and was comfortable that VSSA will provide the setback if they say they will. Barb Barry noted that VSSA anticipated providing lighting to trails that were more connected and in areas where there was more activity. City Planner Richards noted that staff has requested a lighting plan to be submitted for review. Commissioner Dahlquist, seconded by Schultz, moved to approve the revised concept plan, subject to the conditions cited in the City Planner's report of December 11, 1998 and also subject to the increased setback of 140 to 160 feet on the East side of the development. Carried 4 -0. B. A Request To Consider Establishing A B -3 Highway Business And Warehousing 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 Warehousing District: City Planner Richards provided a brief history of the project and its status, noting that staff had met with the Kern Center group that morning. Chair Hedlund opened the hearing for public discussion at 7:10 p.m. Attorney Patrick Kelly, representing a number of the Kern Center business and property owners, commended the City staff for working with the property owners and attempting to work through the issues. He noted the Kern Center still had several concerns including the annexation process and time elements for conforming as well as the conditional use limitations for some of the business growth and potential expansions. The issues remaining, as he sees them, are: (1) the issues of non - conformance; (2) Zintl's uses being permitted; and (3) Xanadu — in the event he desires to expand, don't prohibit it but limit it within reason. Kevin LaCasse, Kern Center property owner, stated that he found the retails sales /tenant language confusing and asked if it could be simplified. City Planner Richards indicated that he would address the language. Patrick Kelly stated that he would like to continue discussion with the City staff as they are coming very close to an agreeable compromise. Commissioner Schultz, seconded by Vogt, moved to close the Public Hearing. Carried 4 -0. Public Hearing closed at 7:40 p.m. City Planner Richards indicated to the Commission that it was his understanding that the City Council anticipated receiving a recommendation for their meeting of December 15, 1998. Commissioner Dahlquist indicated that he was uncomfortable receiving documents regarding changes made that day, not allowing for adequate time to review prior to taking action on the issue. Commissioner Schultz agreed with Commissioner Dahlquist and they further added that it would be best if documents were received prior to meetings, allowing for time to for proper review. Commissioner Schultz, seconded by Dahlquist, moved to close the public hearing and to carry discussion to the meeting of January 7, 1999 to allow the property owners and city staff to continue their discussion on the issue. Carried 4 -0. C. A Request to Consider the 1998 Update o f the Oak Park Heights Comprehensive Plan: Chair Hedlund noted correspondence received from the Mayor for City of Lake Elmo. City Attorney Vierling advised the Commission and the audience that it is not the purpose or function of the Planning Commission to discuss legal issues of the Comprehensive Plan but to discuss the facts as they pertain to it. Chair Hedlund opened the Public Hearing for discussion at 7:55 p.m. Mary Kueffner, Lake Elmo City Administrator, noted that they did not receive a copy of the Comprehensive plan until late that day and after a quick review of it, they have a great number of questions. She indicated that regarding the assumption of land coming from Lake Elmo and Baytown Township, the City of Lake Elmo and Baytown Township have been working together and they do not intend to relinquish the land. The City Attorney for Lake Elmo indicated that he had received the Development Framework section of the Comprehensive Plan and that he will be reviewing the rest of the plan now that the City of Lake Elmo has received it. With respect to the Lake Elmo and Baytown Township land, referenced in the Comprehensive Plan, he stated that the way this matter has come to their attention, without any discussion with them, has alarmed the people of both communities. He informed the Commission that written comments on the plan would be presented to them prior to the January 7, 1999 meeting, for their review. John Kern, 5469 Stillwater Blvd., N., expressed that it is difficult to grasp what is being discussed when applicants refer to specific pages of documents that the audience does not have available to follow along with. He expressed that he would like to see the trees remain as a buffer along Memorial Ave. He encouraged the Commissioners to take their time on issues so they know what they are dealing with and stated that he would appreciate being advised as to changes taking place around his home. City Planner for the City of Lake Elmo stated that the area proposed in the Comprehensive Plan draft is approximately 190 acres which was included in the Lake Elmo Comprehensive Plan draft some time ago and submitted to Metropolitan Council for review. Chair Hedlund noted that it appears that some have taken offense at the City's inclusion of properties to be though of long -term as reasonable outcomes for use to the City's planning. He extended apologies to those who have been offended. Mary Kueffner, Lake Elmo City Administrator, asked why this is being included in the plan and what the city was forecasting. Chair Hedlund stated that it had been included based on past activity where people have inquired from the City of Oak Park Heights was needed to be done so that they could connect to the City's services. Rollie Crawford, representing Robert Brackey, noted that he plans to be meeting with staff to discuss Planning District 13 and is optimistic that an agreement should be reasonably soon, in light of seeing results of staff working with them. Commissioner Dahlquist, seconded by Schultz, moved to continue the Public Hearing to January 21, 1999. Carried 4 -0. Discussion ensued as to a deadline for submitting the plan for review to Metropolitan Council. Commissioner Dahlquist, seconded by Schultz, moved to recommend March 31,1999 as the submission date of the plan to Metropolitan Council. Carried 3 -1. Vogt opposed. City Planner Richards will be recommending to the City Council that the Planning Commission will make a recommendation on the Comprehensive Plan at the meeting of February 18, 1999. Chair Hedlund encouraged the Commission to complete the exercise on prioritizing distributed at the December 3, 1998 meeting in the Implementation handout and return them to City Planner Richards as soon as possible. Commissioner Dahlquist inquired what City Planner Richards planned to do with the exercises. City Planner Richards indicated that he was asking for City Council feedback on this exercise and noted that it might be beneficial to have the Parks Commission complete the exercise as well. General discussion included Chair Hedlund suggesting that an Industrial Park classification be included in the Land Use section and City Planner Richards suggesting including planning for the area along Stagecoach Trail. Community Development Director Danielson reminded the Commission and audience that requests for Comprehensive Plan copies must be made in writing to the City Administrator and noted that there is a copy in Community Development available for viewing. Commissioner Dahlquist expressed that he would like to see maps dated as a means to identify them as the current draft. Chair Hedlund suggested that they be noted "draft" and noted as to what they are a part of. Commissioner Vogt asked if there were any agreements with Baytown Township or the City of Lake Elmo with the City of Oak Park Heights. City Attorney Vierling indicated that there were none and noted that there are written agreements for some shared services with the Cities of Bayport and Stillwater in place. D. Continued — Carriage Homes, to Consider a Request For a Senior Apartment Building and Professional Office Uses at 56 St. N. and Osman Ave. N. City Planner Richards indicated that this matter had been previously carried to the January 7, 1999 agenda and should not have been placed on this agenda for discussion. Old Business: 1. Zoning Action Property Notification Signs - Public Works will be ordering these as part of its 1999 budget. New Business: Chair Hedlund's Letter To City Council Regarding Commission Stipend - Chair Hedlund submitted a letter to the Commission for their review prior to his submitting to the City Council. He explained that he wished to continue serving on the Commission as a volunteer and not receive a stipend. Kirk Schultz stated that he shared Chair Hedlund's opinion. City Attorney Vierling indicated that there may be a way to channel stipend back to the City and that those Commissioners who wish to refuse the stipend should indicate such in a letter to the City Administrator. 2. Letter From City Administrator Melena Regarding Legal Liability — City Attorney Vierling explained that this letter is simply a formality and that it is also going to the Parks Commissioners. Informational /Update: City Planner Richards updated the Commission of upcoming Public Hearings and issues. Adjournment: Commissioner Schultz, seconded by Vogt, moved to adjourn. Motion carried 4 -0. Meeting adjourned at 8:55 p.m. Respectfully submitted, t Julie A. Hultman Community Development/ Recording Secretary