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HomeMy WebLinkAbout2014-04-10 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA THURSDAY, APRIL 10, 2014 7:00 P.M. I. Call to Order II. Adjourn to Annual Meeting III. Call Annual Meeting to Order(1) A. Commissioner Thurme's Term Culminates May 31, 2014 B. Chair&Vice Chair Election IV. Adjourn Annual Meeting&Reconvene Regular Meeting V. Approval of Agenda VI. Approve March 13, 2014 Planning Commission Minutes (2) VII. Department/Commission Liaison/Other Reports VIII. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. IX. Public Hearings X. New Business A. Zoning Ordinance 401.15.F—Parking Setback Language Clarification(3) XI. Old Business XII. Informational A. Upcoming Meetings: • Tuesday, April 22, 2014 City Council 7:00 p.m./City Hall • Tuesday, May 13, 2014 City Council 7:00 p.m./City Hall • Thursday, May 15, 2014 Planning Commission 7:00 p.m./City Hall • Tuesday, May 27, 2014 City Council 7:00 p.m./City Hall B. Council Representative • Tuesday, April 22, 2014—Commissioner Thurmes • Tuesday, May 27, 2014—Commissioner Anthony XIII. Adjourn. ENCLOSURE 1 City of Oak Park Heights Memo To: Planning Commission From: Julie Hultman Date: March 8, 2012 Re: Annual Meeting - Commissioner Terms and Officer Election I. Commissioner Terms: Robin Anthony: Currently completing first full term, culminating May 31, 2015. Jennifer Bye: Currently completing second full term, culminating May 31, 2015 Jim Kremer: Currently completing first full term, culminating May 31, 2016. Beth Nelson: Currently completing first full term, culminating May 31, 2016. Dan Thurmes: Currently completing partial term (08/23/12 to 05/321/204), fulfilling former Commissioner Dan Squyres term, and culminating May 31, 2014. Commissioner Thurmes is the sole member with a term set to culminate at the end of May, this year. He has been contacted regarding the culmination of his term and of his interest in seeking a 3-year term appointment from the City Council. Commissioner Thurmes should indicate, at this meeting, whether or not he desires to seek City Council reappointment to the Planning Commission for a 3-year term. II. Election of Chair and Vice Chair: Planning Commission Bylaws Article 4 Officers, Duties and Election of Officers, section D, which states: "Terms.The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice- Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting." Commissioner Bye was elected to her second 2-year term as Chair at the 2012 Annual Meeting. Commissioner Anthony was elected to fulfill the term of outgoing Commissioner Chuck Dougherty at the January 10, 2013 Planning Commission meeting. Both Bye and Anthony's terms as Officers expire with this 2014 Annual Meeting. City of Oak Park Heights The Annual Election allows for members of the Commission to nominate and elect any member of the Commission to the Office of Chair or Vice Chair. Per the Bylaws, Commissioner Bye may not be nominated and elected as Chair as she has served in the capacity of Chair for two full terms. She may be elected as Vice-Chair. Commissioner Term Details and Planning Commission Bylaw are attached for your convenience. Staff Recommendation: Commission Terms If Commissioner Thurmes declares a desire to seek City Council appointment to a 3-year term, staff recommends that the Commission: 1. Recommend City Council appointment of Commissioner Thurmes, to a 3-year term on the Planning Commission, beginning June 1, 2014 and expiring May 31, 2017. If Commissioner Thurmes does not desire reappointment, staff recommends that the Commission: 1. Direct City staff to place advertisement for Planning Commission applicants in the City Newsletter and other local media venues with an application deadline of Friday, May 2, 2014. 2. Add "Set the Date and Time for Applicant Interviews" Under New Business and set the date and time for applicant interviews prior to their regular meeting on Thursday, May 15, 2014 but no earlier than 6:00 p.m. Election of Chair and Vice Chair 1. Nominate and Vote to elect a Chair and Vice Chair for 2 year term periods, running from April 10, 2014 to March 31, 2016. The Current Officers shall turn over the positions to the newly elected officers directly following the election and the new Chair shall reconvene the meeting. Anthony, Robin: Commission Term(s) July 24, 2012 ➢ CC appointed to 3 year term—from appointment through May 31, 2015 (filling vacancy created by departure of Commissioner Mark Powel when his 2012 term expired). —1st Full Term Officer Term(s) Vice Chair: February 14, 2013 ➢ PC elected to 2013 year Vice-Chair Term effective immediately and ending with March, 2014 annual meeting. (Robin is fulfilling remainder of Chuck Dougherty's Vice Chair term). Committee & Other Appointments Bye, Jennifer: Commission Term(s) December 23, 2008 ➢ CC appointed to complete unexpired term of outgoing Commissioner Mike Runk(May 31, 2006 through May 31, 2009). Jennifer Bye term to commence January 2009 through May 31, 2009. — Partial Term. ➢ + Full Term of May 31, 2009 through May 31, 2012— 1st Full Term March 27, 2012 ➢ CC appointed to new 3 year term, running from May 31, 2012 through May 31, 2015. — 2nd Full Term. Officer Term(s) Chair: March 11, 2010 ➢ PC elected to 2 year Chair Term effective with March annual meeting and ending at annual meeting in March of 2012. Note: Election occurred as a result of Chair Wasescha's Commission 2nd full term ending and his not seeking a 1 year extension appointment from Council March 15, 2012 ➢ PC elected to 2 year Chair Term effective with March annual meeting and ending at annual meeting in March of 2014. —2nd Full Term as Chairperson Vice Chair: March 12, 2009 ➢ PC elected to 2 year Vice-Chair Term effective with March 12th annual meeting and ending at annual meeting in March of 2011. Committee & Other Appointments ' III Kremer, Jim: Commission Term(s) February 26, 2013 ➢ CC Appointed to 3 year term. June, 2013 through May 31, 2016. — 1st Full Term. Officer Term(s) Committee & Other Appointments Nelson, Beth: Commission Term(s) January 22, 2013 ➢ CC Appointed to 3+ year term. February 14, 2013 through May 31, 2016. — 1st Full Term. Officer Term(s) Committee & Other Appointments Thurmes, Daniel L: Commission Term(s) August 23, 2012 ➢ CC appointed to fulfill resigning Commissioner Dan Squyres term—from appointment through May 31, 2014 —PartialTerm (1 year, 9 months) Officer Term(s) Committee & Other Appointments CITY OF OAK PARK HEIGHTS PLANNING COMMISSION BYLAWS (With Amendment Endnotes) ARTICLE 1 - ORIGIN AND POWERS A. Authorization. The City is authorized and empowered to establish a Planning Commission by the provisions of Minnesota State Statutes 462.354. B. Establishment. The Planning Commission was created in an advisory capacity by action of the Oak Park Heights City Council on April 14, 1998 by the adoption of Ordinance 210 and the amendment of Section 401, the Oak Park Heights Zoning Ordinance. ARTICLE 2 — DUTIES AND OBJECTIVES A. Advisory Capacity. The Planning Commission is designed to serve in an advisory capacity to the Oak Park Heights City Council. B. Objectives. The objectives of the Planning Commission are to make recommendations to the City Council which will guide the development of land, services and facilities within the City, so as to promote the public health, safety and general welfare. C. Public Hearings. The Planning Commission shall hold public hearings for variances, conditional use permits, subdivisions, PUD permits, and other applications to the City in accordance with the City Zoning Ordinance and shall make recommendations on said applications to the City Council. D. Special Public Hearings. The Planning Commission may hold such public information hearings as the City Council deems necessary and may make recommendations on applications for building permits or site plan review when requested by the City Council. ARTICLE 3 — MEMBERSHIP A. Voting Members. The Planning Commission shall consist of five citizen members who are eligible voters residing within the Oak Park Heights City limits and who are appointed by the City Council. it III B. Ex-Officio Members. There shall be a City Council person designated by the Mayor, with the consent of the City Council, to be a liaison to the Planning Commission. Such City Council person shall serve without voting power and in a capacity as ex-officio to the Planning Commission. The Mayor, with the consent of the City Council may also appoint non-voting, ex-officio members to represent other groups or organizations from the community. C. Terms. The five members of the Planning Commission shall be appointed by the City Council.' All such appointments shall initiate and be established by resolution of the City Council. The term of each member shall be for three years with initial terms being staggered by the City Council resolution of appointment. Unless extended by special order of the City Council for a period of one year; no member shall serve more than two consecutive terms on the Planning Commission. D. Absenteeism. If any voting member fails to attend three consecutive meetings or a total of four meetings (or 25 percent) 2 during the calendar year, the City Council shall be notified with a recommendation by the Planning Commission. Planning Commissioners shall notify the Chairperson or City staff when an absence is anticipated. E. Removal. Any member of the Planning Commission may be removed at any time by a four-fifths (4/5) vote of the City Council with or without cause. F. Compensation. Compensation of Planning Commission members as selected by the City Council shall serve without compensation except as otherwise established by resolution of the City Council. G. Training. The Chairperson and the City staff shall meet with each new Planning Commissioner to explain Planning Commission procedures. Within the first year of appointment, each new Planning Commissioner shall attend a Government Training Service, Planning Commission training session at City expense. H. Resignation. A member who wishes to resign shall submit a written resignation to the Chairperson, who shall in turn forward the same to the City Council. Vacancies. Vacancies occurring within the Planning Commission shall be filled for the balance of the appointment by the City Council. 2 ARTICLE 4— OFFICERS, DUTIES AND ELECTION OF OFFICERS A. Officers. The officers of the Planning Commission shall be Chairperson and Vice-Chairperson. B. Duties of the Chairperson. The Chairperson shall preside at all meetings, appoint Planning Commission members to committees, appoint Planning Commission representatives, rule on procedural questions (subject to reversal by a two-thirds (2/3) vote of those members in attendance), meet with all newly appointed members, exercise the same voting rights as other Planning Commissioners and carry out such other duties as are assigned by the Planning Commission or by the City Council. C. Duties of the Vice-Chairperson. The Vice-Chairperson shall act in the absence or inability to act of the Chairperson, and in such instances shall have the powers and functions of the Chairperson. D. Terms. The Planning Commission officers shall be elected from among its appointed members for the term of two years. No member shall serve as Chairperson or Vice-Chairperson for more than two consecutive terms. The election shall occur at the Planning Commission's annual meeting. E. Vote. Candidates for office receiving a majority vote of the entire membership (three-fifths (3/5)), shall be declared duly elected. F. Date of Office. Newly elected officers shall take office at the annual meeting in March. G. Vacancies. Vacancies occurring in the offices of the Planning Commission shall be filled immediately by the above election procedure. ARTICLE 5 — MEETINGS A. Annual Meeting. An annual organizational meeting shall be held the second3 Thursday in March of each year. Election of officers shall be conducted at that time. B. Regular Meetings. Regular meetings of the Planning Commission shall be held at 7:00 PM on the Thursday4 immediately following the first regular City Council meeting of each months in the City Hall Council Chambers. The regular meeting date of the Planning Commission may be changed by resolution of the City Council. C. Special Meetings. Special meetings may be called at the discretion of the Chairperson, after consultation with City staff. 3 D. Notice of Meetings. Notice in writing of all regular and special Planning Commission meetings, setting forth the time, place and agenda of such meetings, shall be mailed by the City staff to all Planning Commission members at least five days in advance of each meeting. E. Site Investigation. Prior to each meeting, all Planning Commission members shall endeavor to visit any properties to be discussed at the meeting. F. Planning Commission Representative at City Council Meetings. Each Planning Commission member shall in turn represent the Planning Commission at regular City Council meetings. ARTICLE 6 — PRE-MEETING PROCEDURES A. Agenda. The agenda for each meeting of the Planning Commission shall be developed in writing by the City staff and shall be available at the City Hall prior to each meeting. B. Withdrawal. If a petitioner or applicant desires to withdraw a matter from an agenda, such request must be submitted to the City staff in writing, and if any public notice has been given, all persons appearing at the noticed hearing on said petition or application shall be entitled to be heard. ARTICLE 7 — PUBLIC HEARING PROCEDURE A. Time. The time of each public hearing shall be stated on the agenda, and no hearing may begin before this time. Each hearing shall begin as soon as possible after this time. B. Presentation. If a public hearing is required for a request by a petitioner, the petitioner or an appointed representative shall state the request, explain the proposal and answer questions of the Planning Commissioners. If no petitioner is involved, the Chairperson or the City staff member shall explain the purpose of the hearing. The Chairperson may impose reasonable restraint upon the number of times one individual may speak. C. Termination of Hearing. The Chairperson may close a public hearing after hearing those present who care to speak, or any member may move to continue the public hearing until a specified date. If a hearing on the petitioner's request is closed, the Planning Commission shall make a recommendation to the City Council within 30 days following the close of the hearing. If a hearing is continued, mailed notices of the continuation may be requested by any voting member. 4 ARTICLE 8 — MEETING PROCEDURES A. Rules of Order. Unless otherwise specifically designated, Roberts Rules of Order, as most recently revised, shall govern the meeting procedure. B. Quorum. A majority of the voting membership (three-fifths (3/5)) shall constitute a quorum for meeting purposes. C. Conflict of Interest. Whenever a Planning Commission member shall have a direct or indirect personal or financial interest in an application or petition before the Planning Commission, that member shall declare such interest and excuse himself/herself from the discussion and vote. D. Agenda. The order of business at regular meetings generally shall be as follows: 1. Call to order. 2. Roll call of members. 3. Approval of the minutes of the previous meeting. 4. Public hearings. 5. Informational hearings. 6. Old business. 7. New business. 8. Adjournment. E. Appearance of Petitioner. No application or petition shall be given final approval unless the applicant or petitioner appears personally or by representative at the hearing called thereon, or unless he/she makes satisfactory explanation or presentation in lieu thereof. F. Tabling. A tabling motion, if passed, has the effect of laying a matter over until the next regular meeting, unless otherwise specified. G. Reports. Any matter may be tabled for a technical report or study which the Planning Commission may make or request of the petitioner, the City staff, the City Attorney, the City Engineer or other sources. Such report shall be presented to the City staff for forwarding to the Planning Commission at least five days prior to the meeting at which said matter will be heard again. H. Non-Agenda Matters. No binding or final action may be taken on any matter not on the written agenda except by unanimous vote of the members in attendance or four-fifths (4/5) vote of the entire membership. 5 ARTICLE 9 — COMMITTEES A. Planning Commission Committees. The Planning Commission may establish committees of its own membership for a specific purpose and duration. B. Ad Hoc Committees. The Planning Commission may request that the City Council appoint other members of the community to Ad Hoc Commission committees, which may be created by the Planning Commission for a specific purpose and duration. At least one voting member of the Planning Commission also shall be appointed to each such committee. ARTICLE 10 — RECORDS A. Minutes. The City shall supply a secretary at all regular and special meetings of the Planning Commission who shall be responsible for taking full and complete minutes and record all such meetings. The City staff shall be responsible for keeping a record of all Planning Commission resolutions, transcriptions, minutes and findings. B. Open Meetings. All meetings shall be a matter of public record. S:\Planning\Bylaws\Bylaws With Amendment Endnotes.doc 1 Amended June 8, 1999; striking "each to serve annually." 2 Amended June 8, 1999; inserting"(or 25 percent)." 3 Amended December 28, 1999; meeting day change(see endnote 4)resulted in change of annual meeting date from third Thursday to the"second"Thursday in March of each year. 4 Amended December 28, 1999; amending the regular meeting day from the third Thursday to the "second"Thursday of each month. 5 Amended February 8, 2011; striking the word "second" before the word Thursday and inserting "immediately following the first regular City Council meeting," after the word Thursday. 6 ENCLOSURE 2 CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday,March 13,2014—Oak Park Heights City Hall Call to Order: Chair Bye called the meeting to order at 7:00 p.m. Present: Commissioners Anthony,Bye, Kremer, and Thurmes; City Administrator Johnson, City Planner Richards and Commission Liaison Liljegren. Absent: Commissioner Nelson. II. Approval of Agenda: Commissioner Kremer, seconded by Commissioner Anthony,moved to approve the Agenda as presented. Carried 4 - 0. III. Approval of December 12, 2013 Meeting Minutes: Commissioner Kremer, seconded by Commissioner Anthony,moved to approve the minutes as presented. Carried 4- 0. IV. Department/Commission Liaison/Other Reports: None. V. Visitors/Public Comment: None. VI. Public Hearings: A. Hall Gateway Building: Consider requests for Site Plan&Design Guidelines Review and Conditional Use Permit for number of parking spaces related to Hall Gateway Building construction, located at 13999 60th St. N. City Planner Richards reviewed the March 5, 2014 planning report related to the requests,which entails demolition of the existing structure at the site and reconstruction of a new multi-tenant building. Commission discussion ensued as setbacks related to parking and other site amenities,right-of-way easements, requirements for MNDOT access permit,building entry planting and placement of a bicycle rack. Chair Bye opened the hearing for public comment. Commission discussion continued as to the parking lot and the right-of-way easements with Roger Tomten of ARCHNET who introduced himself as the architect to the project. Mark Johnson of Derrick Builders introduced himself as the builder to the project and responded to the Commission that the start date of the project is anticipated for late April, with completion in late September—early October. Planning Commission Minutes March 13,2014 Page 2 of 4 Discussion ensued as to pedestrian access,parking space calculations and methods of construction and site design related to sustainability. Mark Johnson noted that the building will be demolished and that they will be salvaging or recycling all materials that they are able to. Mr. Johnson stated that some of the things incorporated to the building design are a light roof color, installation of highly efficient appliances and windows installed for daylighting of the space to provide energy efficiency to the structure. Chair Bye inquired if there were other visitors in the audience who wished to speak. There being no visitors to the public hearing, Chair Bye closed the hearing. City Administrator Johnson readdressed the matter of the right-of-way easements and parking lot setbacks. He discussed a potential 10-foot setback from the MNDOT right-of-way as a proactive measure to avoid potential future conflict with the Minnesota Department of Transportation. Commission discussion ensued as to this matter,wherein City Planner Richards suggested a condition be added to any approval recommendation that requires the applicant to consult the City Engineer to determine the right-of-way and to determine if there are any issued with the parking lot setbacks. Commissioner Kremer, seconded by Commissioner Anthony,moved to recommend the City Council approve the requests, subject to the amended conditions of the March 5, 2014 Planning Report, specifically that: 1. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the Middles St. Croix Watershed Water Management Organization. 2. The Applicant shall obtain a driveway access permit from the Minnesota Department of Transportation. 3. All light fixtures shall be full cut off, compliance with the height requirements, and be consistent with Section 401.15.B.7 of the Zoning Ordinance as it relates to lighting requirements. 4. The Planning Commission was favorable to the building design and the building materials. The applicant provided building material samples for Planning Commission review. 5. All mechanical equipment on the roof or on the site shall be fully screened in accordance with the provisions of the Zoning Ordinance. 6. The Applicant shall replace the existing pylon sign with a monument sign compliant with the signage requirements of the Design Guidelines. Planning Commission Minutes March 13,2014 Page 3 of 4 7. The Applicant shall work with the Minnesota Department of Transportation to provide pedestrian access through the site from 60th Street to the building sidewalk. The pedestrian access shall be subject to approval of the City Engineer. 8. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 9. All signs shall be designed to comply with the Zoning Ordinance requirements for internal illumination. 10. The landscape plan shall be subject to the review and approval of the City Arborist. 11. The Applicant shall provide additional information and update the layout plan as to the location of the Minnesota Department of Transportation right-of- way easements. City staff shall determine if a variance is required for a parking setback based upon the Zoning Ordinance requirements. 12. A bicycle rack should be identified on the site plan and placed on site. 13. The Planning Commission was favorable with the methods of construction and site design as they relate to Design Guidelines and sustainability. Carried 4-0. VII. New Business: None. VIII. Old Business: None IX. Informational: A. Upcoming Meetings: • Tuesday, March 25, 2014 City Council 7:00 p.m./City Hall • Tuesday,April 8, 2014 City Council 7:00 p.m./City Hall • Thursday, April 10, 2014 Planning Commission 7:00 p.m./City Hall • Tuesday, April 22, 2014 City Council 7:00 p.m./City Hall B. Council Representative • Tuesday, March 25, 2014—Commissioner Nelson • Tuesday, April 22, 2014 —Commissioner Thurmes Planning Commission Minutes March 13, 2014 Page 4 of 4 X. Adjourn: Commissioner Kremer, seconded by Chair Bye,moved to adjourn the meeting at 7:48 p.m. Carried 4—0. Respectfully submitted, Julie Hultman Planning&Code Enforcement I,I Approved by the Planning Commission: TPC3601 Thurston Avenue N, Suite 100 ENCLOSURE 1RE 3 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 2, 2014 RE: Oak Park Heights — Parking Setback — Section 401.15.F of the Zoning Ordinance— Clarify Language TPC FILE: 236.01 — 14.01 BACKGROUND The Planning Commission, at their March 13, 2014 meeting, held the public hearing and discussed the site layout and the proposed building at 13999 60th Street North referred to as the Gateway Building. At the meeting, Commissioner Thurmes asked where the right of way easement line was on the east side of the property. The actual property line is approximately 32 feet from the east edge of the proposed parking lot, but the survey and the layout plans do not identify the right of way line. The Planning Commission discussed whether the 10 foot setback for the parking lot was addressed in the proposed plan. In that the location of the right of way line was not identified on the survey or plans, the Planning Commission added a condition that the Applicant provides a plan showing that information and for City Staff to determine if a variance is required. The Applicant provided a revised layout plan indicating the Minnesota Department of Transportation easement. It is directly adjacent to the east line of the proposed parking lot. City Staff has reviewed the Zoning Ordinance and determined that a variance was not required in this case. The Zoning Ordinance states in Section 401.15.F the following: 17) Curbing and Landscaping. Except for single and two family dwellings, all open, off street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than 10 (ten) feet to any lot line. Grass plantings and landscaping shall be provided in all areas bordering the parking area. The language indicates that the setback for the parking area is 10 feet from a lot line. In this case the parking lot is set back 32 feet from the lot line. The new frontage road and trail in this area will be more than 25 feet from the proposed parking lot curb. The setback was satisfied in terms of the Zoning Ordinance language. This issue was addressed with the City Council when they considered the application for the Gateway Building at their March 25, 2014 meeting. They agreed that a variance was not required in this case, but the language should be clarified. ANALYSIS City Staff would suggest revised language that not only addresses property lines but also right of way easement lines within Section 401.15.F.17 relating to parking lot setbacks. Please find as follows the proposed new language 17) Curbing and Landscaping. Except for single and two family dwellings, all open, off street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than 10 (ten) feet to any lot line or right of way line. Grass plantings and landscaping shall be provided in all areas bordering the parking area. CONCLUSION/RECOMMENDATION The Planning Commission should discuss the clarification in language and set a public hearing for the May meeting to make the change in the Zoning Ordinance. pc: Julie Hultman 2