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HomeMy WebLinkAbout2013-05-16 Planning Commission Meeting Minutes 46 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday,May 16,2013—Oak Park Heights City Hall Call to Order&Welcome Commissioner Beth Nelson: Chair Bye called the meeting to order at 7:00 p.m. and welcomed new Commissioner Beth Nelson. Present: Commissioners Anthony, Bye,Nelson, and Thurmes; City Administrator Johnson, City Planner Richards and Commission Liaison Runk. Absent: Commissioner LeRoux. II. Approval of Agenda: Commissioner Anthony, seconded by Commissioner Nelson,moved to approve the Agenda as presented. Carried 4 - 0. III. Approval of February 14, 2013 Meeting Minutes: Commissioner Thurmes, seconded by Commissioner Anthony,moved to approve the minutes as presented. Carried 4- 0. IV. Department/Commission Liaison/Other Reports: City Administrator Johnson discussed City related activity in conjunction with the St. Croix River Crossing project and noted open houses scheduled for the project. Johnson also noted that the Annual Spring Clean-Up event was being held on Saturday, May 18,2013 from 7:30 a.m. to 1:00 p.m.,behind Andersen Corporation. V. Visitors/Public Comment: None. VI. Public Hearings: A. ISD#834—Stillwater Area High School: Consider request for Conditional Use Permit Amendment to allow construction of a 520 s.f. equipment storage building near the football practice fields at Stillwater Area High School, located at 5701 Stillwater Blvd.N. City Planner Richards reviewed the May 8, 2013 planning report regarding the request to construct at 520 s.f. equipment storage building near the football fields at the Stillwater Area High School. Chair Bye opened the public hearing and invited the applicant to comment. Dennis Bloom—ISD#834 Director of Operations stated that the structure will be used to store football equipment and likely equipment for other sports, noting that items are currently being stored in the cafeteria and brought out to the fields for use. Mr. Bloom discussed the proposed project, which is being spearheaded by the Pony Touchdown Booster Club, with no cost to the school district and addressed Commission questions. Planning Commission Minutes May 16,2013 Page 2 of 9 There being no comment from the audience, the public hearing was closed. Commissioner Nelson, seconded by Commissioner Anthony,moved to recommend the City Council approve the request, subject to the conditions within the May 8, 2013 planning report, specifically: 1. Any signage proposed for the site shall be in compliance with Section 401.15.G of the Zoning Ordinance and will require a sign permit. 2. Any additional lighting proposed for the equipment storage building shall be in compliance with Section 401.15.B.7 of the Zoning Ordinance. 3. Grading and drainage for the site shall be subject to review and approval of the City Engineer. Carried 4—0. B. Xcel Energy—A.S. King Plant: Consider request for Conditional Use Permit Amendment&Interim Use Permit to allow a dock,barge loading facilities, office space and other operations for the Minnesota Department of Transportation related to the St. Croix River Crossing project, located within property owned by Xcel Energy and within the River Impact District at 1103 King Plant Road. City Planner Richards reviewed the May 8,2013 planning report related to the request of Edward Kraemer and Sons, Inc. City Administrator Johnson noted City activity that occurred, in the interest of time saving to the St. Croix River Crossing project,prior to the applicant coming before the Commission. The City took administrative action providing a temporary interim use permit to allow the applicant to proceed, with the requirement that move through regular approval process, and that in the event that approval was not granted that any action taken to the point of approval process was at their own risk and cost. Johnson discussed the Commissioners Order relating to right of entry and project related facts,noting that the applicant is obtaining DNR permits as well. Chair Bye opened the public hearing and invited the applicant to comment. Nick Ruba—Edward Kraemer and Sons,Inc. Project Manager addressed questions from the Commission and commented on the conditions of the planning report. Mr. Ruba noted that their contract expires July of 2014 and that they were doing the foundation work,which is anticipated to be done this season, with their road being completed by mid-2014. Mr. Ruba further noted that it was his understanding that if MNDot stays on schedule,the superstructure contract will be let this fall. The road access Order from the Commissioner extends to 2017. Planning Commission Minutes May 16,2013 Page 3 of 9 City Administrator Johnson noted that the City has a good idea of what Edward Kraemer and Sons, Inc. is doing at the site and that at this time information for the superstructure contractor will be facilitated through a separate interim use permit at that time which this phase moves into commencement. There being no other visitors to the public hearing, Chair Bye closed the hearing. Chair Bye commenced discussion of the conditions within the planning report and Commission discussion to them ensued. Commissioner Thurmes, seconded by Commissioner Nelson,moved to recommend the City Council approve the request, subject to the conditions within the May 8, 2013 planning report, specifically: 1. The Interim Use of the site by Edward Kraemer shall not extend beyond November 30,2014. The applicant may request an extension of the Interim Use Permit by the City Council prior to its expiration. 2. The City Engineer shall review the access plan and make any recommendations regarding access and traffic. A parking area plan shall be provided to the City Engineer for review and approval. 3. All tree removal and trimming shall be subject to review and approval of the City Arborist. 4. Any freestanding lighting placed on the site shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff. 5. The applicant shall take measures to minimize soil run off into the St Croix River.A soil erosion plan or any grading and drainage plans for the site shall be subject to review and approval of the City Engineer. 6. The City will not require conformance with the Design Guidelines for the project. 7. The applicant shall position equipment and materials stored on the property in such a way as to reduce its visibility from the St Croix River. 8. All work associated with the barge activities will occur between 6:00 AM and 10:00 PM. 9. Placement of the fuel tank shall be subject to review and approval of the Fire Marshal and be subject to all local and state requirements. Planning Commission Minutes May 16,2013 Page 4 of 9 10. Edward Kraemer shall take all necessary precautions to ensure that the project is performed with utmost safety and care. Best Management Practices and other applicable industry standards shall be followed. 11. Xcel Energy and Edward Kraemer shall be responsible to reimburse the City for costs incurred related to any actual emergency activities(fire suppression, rescue, etc.) stemming from this project. 12. Edward Kraemer shall notify the City Administrator and the City Fire Chief not less than 72 hours prior to activities that involve the use of explosives and inform the City of any intended actions. Edward Kraemer shall meet with the Fire Chief to discuss access protocols and contact information. The Fire Chief may revoke or suspend the Interim Use Permit at any time for just cause. 13. Xcel Energy and Edward Kraemer are responsible to reimburse the City for any and all collateral damages that may occur to any City property due to the operations,including all administrative and legal fees necessary to collect such fees. 14. The Interim Use Permit may be revoked, suspended,modified or edited by the City for just cause. 15. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. Carried 4—0. C. Oak Park Senior Living—Phase III: Consider request for Planned Unit Development Amendment to allow increase in overall density and to add a 30-unit memory care addition to the existing senior assisted living&memory care building located at 13936 Lower 59th St.N., with relocation of the existing 3-unit townhome building to face the existing 4-unit townhome building within the development. City Planner Richards reviewed the May 9,2013 planning report related to the request and discussed the building composition and proposed development density changes, increasing the overall density, from the last development approval, by 30 units. Brief discussion ensued as to the master plan and sufficient parking being put into place for staff,residents and visitors to the development. Chair Bye opened the public hearing and invited the applicant to comment. Tim Nolde—Oak Park Sr. Living Developer addressed the Commission and noted there are waiting lists for memory care housing in the area and that the need for increased memory care housing is the reason for the amendment request. Mr.Nolde addressed questions from the Commission and confirmed that the occupancy of the townhomes proposed for relocation will be senior rental occupancy. Planning Commission Minutes May 16,2013 Page 5 of 9 Sara Milligan—Oak Park Sr. Living Resident Director noted that the memory care units at Croixdale in Bayport and at Boutwells Landing in Oak Park Heights were full and that at Oak Park Sr. Living in Oak Park Heights there is a waiting list of 42 for memory care housing. She noted that there is an increase anticipated to this number due to some current assisted living residents care needs changing. In response to the proposed 30 unit addition,Ms. Milligan indicated that she felt the size to be appropriate for current needs. Todd Erickson—Folz, Freeman and Erickson, Inc. Surveyor discussed the flow of pedestrian travel from the building so to shared facilities and assisted Mr.Nolde and Ms. Milligan in responding to Commission inquiry related to setback issues related to the Xcel Energy power lines,building and roadway locations, site challenges that have guides the development, including location of mechanical equipment and screening. Court Melin—5816 Nutmeg Ct. introduced himself as a resident to the southwest of Oak Park Sr. Living, described the situation his townhome building has found itself in with the developer, Mr.Nolde, regarding Home Owner Association documents and asked the Commission to consider recommending that no action be taken on the developer's request until the developer has provided Homeowner Association documents to the homeowner's at Nutmeg Court and to consider the affects any changes to the development will have on the Nutmeg Court homeowners. City Administrator Johnson clarified that that the Nutmeg Court townhomes were under a different development agreement, with different rules, than that which is of discussion in this public hearing. Discussion ensued as to Commission authority relative the Nutmeg Court Homeowners Association documents. Mr.Nolde stated that a meeting has been scheduled with the Nutmeg Court homeowners to noted what documents had been provided to them,noting that the units were from the bank foreclosure of the units and not him. Mr.Nolde stated that he had no problem with the Commission adding a condition to any approvals granted regarding a stipulation based on Homeowner Association documents being provided to the Nutmeg Court homeowners. Chair Bye summarized written comment to record from Jim Kremmer of 5475 Oakgreen Place that expressed concerns, including those as to density, setbacks, granting additional amendments to the development and a 4-story building at the walking paths at the development. Commission Liaison Runk clarified that the mentioned walking paths are private walking paths to the development and are not City paths. There being no other visitors to the public hearing, Chair Bye closed the hearing. Continued Commission discussion ensued with Chair Bye reviewing the proposed conditions within the planning report. Planning Commission Minutes May 16,2013 Page 6 of 9 Commissioner Nelson, seconded by Commissioner Thurmes,moved to recommend the City Council approve the request, subject to the conditions within the May 9, 2013 planning report, as amended, specifically that: 1. The Planning Commission recommends the increase of density to 335 units as presented in the Master Plan. 2. The Minor Subdivision, as well as the dedication and vacation of any easements shall be subject to the review and approval of the City Engineer and City Attorney. Further amendments to the plat shall require review and approval of a Preliminary/Final Plat. 3. The development agreement shall include a provision that the Oak Park Senior Living Phase III will remain as senior rental and shall not be converted to non- restricted rental housing. 4. The Planning Commission recommends the widening of 59th Street and removing the street medians on 58th and 59th Streets at Nova Scotia. All changes to the roadway are subject to review and approval of the City Engineer. 5. The Planning Commission recommends the plan with the proposed private and public trail system. 6. The Planning Commission recommends the Master Plan but requests the Applicant look at options for providing an additional setback and landscaping between the future Senior Living Building(Building 6)and the existing four unit townhome building. 7. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 8. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 9. All utility plans shall be subject to review and approval of the City Engineer. 10. The Planning Commission recommends the non-shielded, residential style light fixtures as proposed. 11. The applicant shall submit any plans for new signage subject to City approval. 12. The traffic numbers are subject to review and approval of the City Engineer. 13. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. Planning Commission Minutes May 16,2013 Page 7 of 9 14. The snow storage areas and plan shall be subject to review and approval of the City Engineer. 15. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 16. The Planning Commission recommends the final building appearance, colors, materials and the variety between buildings as found in the proposed plans. 17. The applicant shall be required to enter into an amended development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 18. All conditions as approved by the City Council on January 31, 2012 for Oak Park Senior Living Phase I. 19. The Applicant shall provide the existing Homeowners Association members with all required documentation, annual reports, and financial records within 60 day of City Council approval. Carried 4—0. D. Zoning Ordinance 401: Consider amendments allowing pennants as an allowable sign type under the special events provisions of the Zoning Ordinance found in section 401.15.G.8. City Planner Richards reviewed the April 3, 2013 planning report related to allowing pennants as an allowable sign type under the special event provisions in Zoning Ordinance 401.15.G.8,providing background information as to the specificity with which the special event ordinance provisions were written at the time is was originally created. Brief discussion ensued as to the difference between pennants and bannerettes and regulations for window painting. Chair Bye opened the hearing for public comment. There being no visitors to the public hearing, Chair Bye closed the hearing. Discussion commenced related to signage and circumstances with the St. Croix River Crossing and roadway work. City Administrator Johnson informed the Commission that the City Council has placed a moratorium on the need for a special event permit for temporary signs for businesses along Hwy. 36, which has been in place since May and will remain in place until at least October when the matter will be revisited. Planning Commission Minutes May 16,2013 Page 8 of 9 Commissioner Anthony, seconded by Commissioner Nelson,moved to recommend the City Council approve the amendment as presented in the April 3, 2013 planning report, specifically: 1. The Zoning Ordinance is amended to allow pennants as an allowable sign type under the Special Events provisions of Section 401.15.G.8 of the Zoning Ordinance; and 2. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Carried 4—0. E. Zoning Ordinance 401: Consider amendments Zoning Ordinance 401.300 to allow automotive and boat, frame and body repair as a conditional use within the B-3, Highway Business&Warehouse District. City Planner Richards reviewed the May 8, 2013 planning report related to allowing automotive and boat frame and body repair as a conditional use in zoning districts B-3. Chair Bye opened the hearing for public comment. A visitor in the audience noted that the language change is greater than what is being sought for the tenant space use. City Planner Richards clarified that the language was being proposed in a broader sense for future use possibilities within the B-3, Highway Business& Warehouse District. There being no other visitors to the public hearing, Chair Bye closed the hearing. Commissioner Nelson, seconded by Commissioner Anthony,moved to recommend the City Council approve the amendment request as presented within the May 8, 2013 planning report, specifically: 1. Section 401.300.E.5 Conditional Uses of the B-3 District within the Zoning Ordinance, is recommended to be amended to allow auto and boat repair- minor, auto and boat repair-major, auto and boat washes,but not including motor fuel stations, as a Conditional Use with conditions; and 2. Section 401.300.E.6 Conditional Uses of the B-3 District within the Zoning Ordinance, is recommended to be eliminated in its entirety; and 3. Copies of the recommended Zoning Ordinance amendment are on file at City Hall. Carried 4—0. Planning Commission Minutes May 16,2013 Page 9 of 9 VII. New Business: None. VIII. Old Business: None. IX. Informational: Commission Liaison Runk noted that the May 28th City Council meeting date has been changed to May 29th and that the July Council Representative date should be July 9a'. A. Upcoming Meetings: • Wednesday, May 29,2013 City Council 7:00 p.m./City Hall • Tuesday, June 11, 2013 City Council 7:00 p.m./City Hall • Thursday,June 13, 2013 Planning Commission 7:00 p.m./City Hall • Tuesday, June 25, 2013 City Council 7:00 p.m./City Hall B. Council Representative • Tuesday, May 28, 2013—Commissioner Nelson • Tuesday,June 25, 2013 —Commissioner Thurmes • Tuesday,July 9, 2013 —Commissioner Anthony X. Adjourn: Commissioner Anthony, seconded by Commissioner Thurmes, moved to adjourn the meeting. Chair Bye adjourned the meeting at 8:50 p.m. Carried 4—0. Respectfully submitted, Julie ' tman, CBO Pl. _ &Code Enforcement Approved by the Planning Commission:08-13-13