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HomeMy WebLinkAbout12-03-1998 MinutesCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MINUTES, DECEMBER 3, 1998 Call To Order: Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners Dahlquist, Vogt, and Wasescha. Absent: Commissioner Schultz. Staff Present: City Planner Richards, Community Development Director Danielson, Administrative Assistant Mesko, Public Works Director Johnson, and Community Development /Recording Secretary Hultman. Visitors: Gary & Jane Baggott, 1522 Meadowlark Dr., Stillwater Jackie Berberieh, 15226 N. 122 " St., Stillwater Douglas M. Bergmann, 14913 57` St., N., Oak Park Heights Bob Brackey, 1336 Jackson St., St. Paul Marti Brouwer, Stillwater Evening Gazette Attorney Rollie Crawford, 633 S. Concord St., S. St. Paul Bruce Dischinger, Ryder Transportation Services Chuck Dougherty, 15330 58` St., N., Oak Park Heights Carol Palmquist- Eilers, 12202 55` St., N., Lake Elmo Barb Engle, 12058 55"' St., N., Lake Elmo Dave Foley, 15433 57"' St., N., Oak Park Heights Donna Gray, 14812 58i St. N., #31), Oak Park Heights Attorney Patrick Kelly, 1750 N.Central Life Tower, St. Paul Rick Kemper, undeveloped Kern Center property owner John Kern, 5469 Stillwater Blvd., N., Lake Elmo Joe Kohout, 5595 Memorial Ave., N., Oak Park Heights Chuck Kotval, 14787 Upper. 56` St., N., Oak Park Heights Mary Kueffner, Lake Elmo City Administrator George LeStory, , Environmental Project Manager -Ryder Transportation Services John Low, 324 S. Main St., Stillwater Barb Mix & Tim Kern, 5662 Stagecoach Trl., N., Oak Park Heights Diane Olson, 5464 Stagecoach Trl., N., Oak Park Heights Pam Patrick, 5737 Peller Ave. N., Oak Park Heights Larry Phillips, 5272 Stagecoach Trl., N., Oak Park Heights Paul & Martina Plaster, 5472 Stagecoach Trl. N., Oak Park Heights Terry Poirier, 5636 Perkins Ave., N., Oak Park Heights Don Loe, 303 Northland Ave., Stillwater Ken & Beth Schmitz, 660 S. Broadway, Stillwater Marty Seibert, 5670 Penfield Ave., N., Oak Park Heights Brian & Robin Smith, 5480 Stagecoach Trl., N., Oak Park Heights John Thomas, Ryder Transportation Services Ed Zata, Ryder Transportation Services Will Zintel, Kern Center Public Hearings: A. 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 O, Open Space To B -3, Highway Business And Warehousing District City Planner Richards provided a brief history of the project. He advised the Commission the City Council has directed the Commission to reconsider its September 2, 1998 recommendation for approval of a BW, Business Warehouse District. Council's directive being based upon concerns of the property owners and the Council's desire to provide a reasonable zoning classification for the property that is consistent with the intent of the Comprehensive Plan. Chair Hedlund opened the hearing for public discussion at 7:06 p.m. Attorney Patrick Kelly, representing a number of the Kern Center business and property owners, noted that prior to annexation to Oak Park Heights, the Kern Center property owners understood that the property would be zoned B -2 upon annexation. They would like to compromise with the City Council toward a B -2 zoning or a B -3 zoning, with B -2 uses. He further indicated that the Kern Center business's and property owners and City staff have been discussing a number of issues with respect to the re- zoning and he feels that they are getting close to an acceptable compromise. Accordingly, he requested that the Commission consider continuing the Public I earing to a later date, so that they may continue these discussions. Rick Kemper, a partner in undeveloped Kern Center property, stated that it was also his understanding that the property would be zoned B -2 after the annexation and noted that he was quite supportive of the annexation to Oak Park Heights. He stated that property owners have met with City staff several times and do not feel that they are near a mutual agreement on a zoning classification for the area. It is his opinion that the property to the East of Memorial Ave. is entirely retail. He would like to see a B -2 zoning, with undesired or objectionable uses removed. John Low, 324 S. Main St., Stillwater, noted that they have been working with City staff on unresolved issues and hopes to continue doing so. He expressed that he felt positive that by working with City staff, a uniform understanding could be attained. Mary Kueffner, Lake Elmo City Administrator, presented and read aloud to the Commission a letter on behalf of the City of Lake Elmo. The letter stated that the City of Lake Elmo has no concern to express with the proposed B -3, Business Warehousing and that she believes they have no legal right to interfere with another community's planning efforts within that community's jurisdiction. N She stated that she was present because the Planner's Kern Center Rezoning report, contains the presumption that Oak Parr Heights has a legal right to plan for detachment and annexation of the areas within Lake Elmo direct to the west and south of Kern Center. She further stated that she believes Oak Park Heights sloes not have the legal authority to plan outside its own jurisdiction. On behalf of the City of Lake Elmo, she requested that section b on page 4 of the Planner's Report be removed or modified to reflect Lake Elmo's Comprehensive Plan as the property is in Lake Elmo and under their jurisdiction. The City of Lake Elmo has no intention of allowing this status to be changed. Chair Hedlund noted that he had read a newspaper article that stated that the Kern Center property owners were seeking annexation to the City of Stillwater and asked Attorney Patrick Kelly if this was true. Attorney Kelly stated that there was earlier discussion from the property owners as to this, largely due to the assessment and service fees being proposed by Oak Park Heights. A letter was sent to the City of Stillwater by Attorney Kelly's office indicating that they would be open to dialogue if they were unable to work with the City of Oak. Parr Heights. Attorney Kelly noted that there has been no discussion with, nor have they been approached by the City of Stillwater on this matter. He further noted that they wish to continue working with the City of Oak Park Heights to find mutual resolutions to their outstanding issues. Barb Engle, 12058 55` St., N., Lake Elmo, inquired as to Memorial Ave. being shown as a through street on the proposed zoning map. She noted that at present it is a closed, dirt roadway. She stated that there was discussion of opening the street up when the property was part of Baytown Township and that at the time, it was determined best to leave it closed, as the roadway abuts residential property and that the Oak Trees between serve as a natural buffer. Chair Hedlund clarified with Planner Richards that it is the City's plan to blacktop Memorial Ave. out to Hwy. 5, with costs for this being included in the Kern Center assessments. Barb stated that she believed there was a covenant, requiring the Oak trees to remain. She stated that in her opinion, they will best serve the neighborhood as well as reduce assessments to the Kern Center, which she does not want to see compromised, the roadway should be left closed with the Oak trees providing a natural buffer. She implored the Commission to look ahead to the residential properties to keep traffic down where possible. Community Development Director Danielson noted that the City does possess a copy of the covenants. Planner Richards explained that Memorial Ave. is a legal roadway and that the City will work with the surrounding property owners on issues related to the proposed change. 3 Carol Palmquist- Filers, 12202 55" St., N., Labe Elmo, stated that she supported the comments made by Barb Engle and wanted to add that there is a traffic safety issue which should be addressed pertaining to proposed road. Commissioner Dahlquist confirmed with Planner Richards that the City has a plan in place to put a roadway through this Spring. Commissioner Dahlquist, seconded by Wasescha, moved to continue the Public Hearing until January 7, 1999 based on the assumption that the Kern Center property and business owners will continue to discuss related issues with City staff. Carried 4 -0. The Public Hearing closed at 7:40 p.m. Chair Hedlund asked Planner Richards to provide the Commission with some explanation, for logical consistency, of the zoning issues related to this issue at the January 7, 1999 meeting. B. A Request To Consider A Conditional Use Permit For A Student Transportation Facility And Bus Garage at 5302 Stagecoach Trail, N. City Planner Richards provided a brief history of the project, noting that the site is zoned industrial, allowing open and outdoor storage as a conditional use in the district. Planner Richards indicated that Ryder intends to lease three of the four existing buildings on the property for their business use. The fourth is to be leased by an unassociated entity. A total of 116 bus spaces and 118 car spaces will comprise the remaining portion of the site to be developed. He noted several conditions which need to be addressed, including receipt of a grading and drainage plan, a plan detailing how the buses will be maneuvered on the site, and a lighting plan. Other issues include landscaping, setbacks, noise and an environmental review of the existing buildings to be used for the wash bay and mechanical repair facilities by the Building Official. Chair Hedlund asked Ryder Transportation representative to give a brief statement as to their position regarding their conditional use permit application. Bruce Dischinger, Sr. Region Manger for Ryder Transportation, stated that drainage and elevation survey has been started and should be completed next week. He noted that Ryder has been searching for a new location for the past four years and that Ryder has entered into a 10- year lease for the property. The Stillwater Ryder Transportation Facility employs 150 people and serves 9,000 students within the school district. He explained that prior to the annexation of Kern Center into Oak Park Heights, Ryder had received a conditional use permit from Baytown Township for the Kern Center area. He stated that Ryder was approached by the City to consider the site, formerly known as Junker Sanitation. Ryder having had looked at the property previously and having found it to be more suitable than the Kern Center area, accepted the City's suggestion to consider the property. 4 Chair Hedlund inquired as to how many trips Ryder anticipated to be coming into and leaving the property each day, what the hours of operation were and questioned the practice of cold - starting the buses. Mr. Dischinger replied that there are 95 buses, two - thirds of which will likely return to the site after delivering students to school and then leaving again in the afternoon to collect them and return there home. The other one - third would go onto other routes after the morning and would most likely return at the end of the day along with the other two - thirds. He indicated that the hours of operation would be 5:30 a.m. to 6:00 p.m. With respect to cold starting the buses, prior to 5:30 a.m., this will be done, on a minimal basis, when the temperature falls between 20 -40 degrees below 0. He added that they are beginning to include buses into the fleet which have heaters attached directly to their engine, which will decrease this practice. Ryder anticipates having all of their buses equipped with this motor heater within the next six years. Chair Hedlund noted, for the record, letters received from neighborhood residents Andy Olson, 5464 Stagecoach Trl., N.; Carol Luczak 5835 Peller Ave., N.; and Esther Langer, 5680 Penfield Ave., N., who all oppose approval of a C.U.P. for Ryder Transportation. Their concerns were increased traffic, public safety, noise, air pollution and decrease in their property's value. Chair Hedlund opened the hearing for public discussion at 8:00 p.m. Paul Plaster, 5472 Stagecoach Trl. N., stated that he had walled the site for the proposed Ryder Facility and spoke with the Pollution Control Agency and the Department of Natural Resources. It is his understanding that the site is illegal if there is untreated surface water being permitted to enter into the wildlife area. Mr. Plaster indicated that he has an asthma condition and does not desire an environment of diesel fumes and noise, which will affect his sleep. Larry Phillips, 5257 Stagecoach Trl., N., noted that his property runs along the south boundary of the proposed project. Mr. Phillips expressed that he feels the proposed project to be a nuisance and is opposed to it. Additionally, he feels that there is not a sufficient setback between the parking area and his property. He also indicated that he has two driveways, which are blind to the roadway at the end and that the roadways in this area are downhill and dangerous when wet or icy. In his opinion, both these situations create safety hazards. He stated that if the City wishes to pursue industrial development in the area, he believed they should purchase additional properties and create a real industrial district rather than piece -meal it together, pushing property values down for the abutting residential properties. Finally, Mr. Phillips reminded the Commission that this area is his neighborhood and that he felt the City had an obligation to protect his rights and safety. 5 Commissioner Wasescha asked Mr. Phillips if he was interested in selling his property to the City. Mr. Phillips stated that if the City was interested in pursuing this, he would be open to negotiation. Barb Mix, 5662 Stagecoach Trl., N., stated that she has resided at her property for five to six years and that when traffic past her home has been discussed in relation to NSP or the proposed bridge project, she has always been told that the traffic would be "dead." She stated that there is a lot of traffic and she is concerned about it increasing. She is also concerned about air pollution. She indicated that since NSP began digging at the Ash Fly Site, her screen porch is black with ash at the end of each day and that it didn't used to be this way. She expressed that with all that has been taping place within her neighborhood, she has lost her desire to continue remodeling her home and suggested that the City purchase her home along with the others. She would also like to see the entire neighborhood notified with any future mailings. Brian Smith, 5480 Stagecoach Trl. N., stated that he was a customer of Ryder Transportation and that he has been happy with their service. He stated that lie opposes the proposed project and that he shared the concerns of safety, traffic and noise addressed earlier by his neighbors. His main concern is how he perceives the City to be handling the issue. He expressed that he would like to be dealt with in a straight- forward manner and that the individual homeowners in the neighborhood are unnecessarily bearing the weight of this issue. He expressed that he felt the property owners beyond 350' should be notified of the proposed project as they are affected by it also. He indicated that he is open to negotiation on the sale of his home if the City wants to create an Industrial Redevelopment District out of his neighborhood. Pam Patrick, 5737 Peller Ave. N., stated that she did not feel that the proposed project directly impacted her, but expressed concern about adding to what she feel is already a lot of traffic in the area. Terry Porier, 5646 Perkins Ave. N., stated that he drove bus for 25 years and was an employee of Ryder Transportation. He is concerned about the safety concerns also, indicating that he monitored the area one afternoon and counted approximately 200 to 300 vehicles, going each way. He feels that the traffic is already high and doesn't see how Ryder is going to be able to address this issue. Planner Richards indicated that a traffic count had been taken in the area and that there had been relatively no change from 1990 to 1996. r' Larry Phillips stated that Ryder had already moved trailers onto the property and asked how this could be permitted without their conditional use permit having been granted. Community Development Director Danielson advised Mr. Phillips that Ryder has signed a lease for the property and may move their equipment onto the property but cannot operate their business without conditional use permit approval. Dave Foley, 15433 57` St. N., commented that he was disturbed to learn about the changed situation of Ryder's having approval for the Kern Center area and then moving over to the former Junker Site. George LeStory, , Environmental Project Manager for Ryder Transportation stated that part of his job is addressing environmental issues, that Ryder maintains some of the highest standards in the industry, and that water issues are taken very seriously. He stated that Ryder has very comprehensive standards regarding water run -off and requires that their facility be connected to city water and sewer, with absolutely no waste being released into the ground. He noted that per the Clean Water Act, a storm water permit and plan must be obtained from the Minnesota Pollution Control Agency. Brian Smith expressed that he believed R could do a great job addressing the environmental issues but was concerned that a plan wasn't being presented at the meeting so that their representatives could clearly discuss the situation and address issues with those concerned. Commissioner Wasescha asked Mr. Dischinger if the Oak Parr Heights facility would be similar to the Oakdale facility. Mr. Dischinger replied that it would be and noted that the Oakdale facility has been at its location for over 30 years, is surrounded by a newer housing development and has had up to 170 buses. Commissioner Wasescha noted that the exhaust and noise at this facility is substantial and that she is concerned about this for the proposed Oak Park Heights facility. She noted that the site is situated in a low -lying area where, on cooler days, exhaust accumulation will be present and that Beach Rd., N., near the location is really a small area and is already incurring a great deal of traffic. She wondered if buffering would aid in noise reduction and if Ryder made any attempts to dissipate exhaust build up at their sites. Mr. Dischinger indicated that the buses are medium, diesel engine equipped and they are not the same as the large trucks, which operated out of the site by Junker Sanitation. He stated that safety is Ryder's highest priority in the terms of bus maintenance, quality drivers and environmental issues. He feels that there are a lot of misunderstanding regarding the Ryder relocation. He cited hearing that the Bell property has been offered to Ryder as an example. Until it was mentioned earlier in the meeting, he was not aware of such an offer. 7 JohnThomas, Stillwater Ryder Facility Manager, stated that Ryder wants to be a good neighbor in the community. Ryder took over full operation of the Stillwater school district four years ago, which runs 150 square miles, from William O'Brien State Park to Afton State Park. He expressed that he would like to see this hearing continued if there are issues to be addressed and that Ryder be made aware of these issues so that they know where they stand and what is needed. He further commented that the school district is growing very large and that he believes the proposed facility would be capable of accommodating the district's needs. They have 100 buses now and expect to peak at 110 to 120. Because bussing expenses are considerable the school district has been working to reduce costs in this area. Commissioner Vogt, seconded by Wasescha, moved to continue the public hearing until 7:00 p.m., January 7, 1999. Carried 4 -0. Commissioner Dahlquist indicated to Planner Richards that he would like to see information on I, Industrial Zoning placed on the agenda for January 7, 1999 meeting. Chair Hedlund called for a five - minute recess at 9:15 p.m. The meeting reconvened at 9:20 p.m. B. Carriage Homes — Continued Public Hearing To Consider A Request For A Senior Apartment Building And Professional Office Uses At 56` St. , N. And Osman Ave. N. Planner Richards advised the Commission that there would be no Carriage Homes representation at the meeting as originally hoped for. He further advised the Commission that Carriage Homes has not resubmitted additional information as required for consideration of their application and that they are currently working with the property owners directly north of their proposed site to include additional land to the apartment property. Doug Bergman, 14913 57t St., N., stated that he was the President of his homeowners association, in the proposed project area, consisting of twenty -four homeowners. He advised the Commission that association has met with respect to this project and have concluded that what Carriage Homes is presenting, in order to accomplish their objective, appears to be the best they can do, with what they are working with, and that the association, does not oppose the project as long as all requirements of the City are met, including adequate parking. Mr. Bergman expressed that he is concerned about parking overflowing into the roadway, as the number of cars will likely exceed the number of spaces allotted both inside and outside the proposed structure. He would like to see the City forbid parking on one side of 57` St. in this area. Public Works Director Johnson indicated that if the roadway was 32' in width this should be possible and that he would check the size of the roadway and work with Mr. Bergman on this matter. Commissioner Dahlquist, seconded by Wasescha, moved to continue the hearing until 7:00 p.m., January 7, 1999. Carried 4 -0. Old Business: Comprehensive Plan Implementation Plan: Planner Richards noted the enclosures the Commission had received and their packets and indicated that he would have Implementation Plan text to the Commission prior to the December 10, 1998 meeting. Mary Kueffner, Lake Elmo City Administrator requested a copy of the Comprehensive Plan. Planner Richards advised her that he has been informed that request for copies of the Comprehensive Plan must be made in writing, to City Administrator Melena. Administrator Kueffner commented that she believed this was public information as it had been distributed to the Commissioners in their packets and asked when a copy would be made available for public viewing. Planner Richards provided Administrator Kueffner with a copy of the handout which was given to the Commission for their meeting and stated that a copy of the plan would be provided to anyone who requested a copy, in writing, to City Administrator Melena. Administrator Kueffner expressed that it was her belief that it was illegal for Oak Parr Heights to include land within Lake Elmo in its Comprehensive Plan. Planner Richards explained that the City Attorney has determined it to be legal. When asked about the status of the Kern Center Comprehensive Plan, Planner Richards indicated that the plan was on hold with Metropolitan Council as the City is updating their entire Comprehensive Plan. Commissioner Dahlquist clarified with Planner Richards that it would be possible to address any feature of the Comprehensive Plan at the Public Iearings. Commissioner Vogt expressed his concern that the Commission really hasn't had an opportunity to absorb the Comprehensive Plan and to consider some of the alternatives to the plan. He would like more time for the Commission to review the plan as a group, to go over some of the larger areas and explore some other alternatives. Planner Richards asked Commissioner Vogt if he was suggesting a workshop. Commissioner Vogt replied that he was, so that the Commission could feel ownership of the plan. Commissioner Dahlquist agrees that a workshop would be beneficial but does not anticipate that the Commission is going to arrive at one hundred percent agreement on the entire plan. Commissioner Dahlquist, seconded by Wasescha, moved to schedule a workshop to discuss the Comprehensive Plan draft on Monday, January 11, 1999 at 6:00 p.m. Carried 4 -0. The workshop will take place at City Hall. 9 JohnKern, 5469 Stillwater Blvd., N., asked if there were going to be Public Hearings on the Comprehensive Plan and what the deadline for the plan was. The Commission advised him that there would be two public hearings on the plan. The first hearing is scheduled for December 10, 1998 at 6:00 p.m. and the second for January 21, 1999 at 7:00 p.m. The deadline for the plan is March 31, 1999. New Business: (Added to Agenda by Chair Hedlund) 1. Rollin Crawford, Attorney Correspondence Regarding December 10, 1998 Comprehensive Plan Hearing Chair Hedlund noted that each member of the Commission had been copied with Mr. Crawford's correspondence regarding his intention of providing a presentation and of his intention to cross- examination at the December 10, 1998 Public Hearing on the Comprehensive Plan. Planner Richards informed the Commission that City Attorney Vierling had directed correspondence to Mr. Crawford in response but that he had not received a copy of the response letter yet. Attorney Crawford of Levander, Gillen & Miller, P.A., indicated that he had received a letter of response from Attorney Vierling, indicating that cross - examination will not be allowed at the Public Hearing. Attorney Crawford indicated that he would be placing this letter as part of his client's, Robert Braclzey, case record. Attorney Crawford explained to the Commission the steps he was required to take to represent his client's case. He will be introducing testimony and will have a court report present, documenting discussion. He indicated that he will have five or six witnesses, two or three of which will be experts, to testify at the hearing and that he will try to be brief but anticipates that perhaps one and one -half hours will be necessary to conduct his business. Planner Richards inquired if Attorney Crawford and his client were interested in meeting with City staff to discuss Planning District 13, to which Attorney Crawford indicated they would be. Planner Richards indicated to Attorney Crawford that he would be in touch with him in the next couple of days to arrange such a meeting. Commissioner Dahlquist asked why, if the plan is not yet approved, is all the testimony necessary. Attorney Crawford explained that the Public Hearing is the only time, when they are given an opportunity to voice their opinion, they can legally enter evidence in the event that they disagree with something at a later date. Approval of Minutes: Approval of Minutes for November 19, 1998 and November 23, 1998 were carried to the meeting of December 10, 1998. 10 Informational /Update: City Planner Richards updated the Commission of upcoming Public Hearings and issues. Commissioner Vogt expressed that he was concerned about some of the issues brought to light during the meeting. It is awkward for the Commission to be placed in the middle without having been part of this process. General discussion by the Commission on this matter ensued. It was noted that documents should be submitted to allow for adequate time within which to review them prior to discussion at a Public Hearing and that the hearings should not be scheduled until application materials have been completely submitted to the City. Finally, the Commission directed that notice for Public Hearing be sent to property owners within 500' feet of a proposed project, rather than 350' feet as the present practice. In situations where it is determined that an area exceeding 500' feet will be affected by a proposed project, the mailing area shall be increased to address these properties. Adjournment: Commissioner Vogt, seconded by Wasescha, moved to adjourn. Motion carried 4 -0. Meeting adjourned at 10:35 p.m. Respectfully submitted, Ju ie A. Hultman Community Development/ Recording Secretary 11