HomeMy WebLinkAbout2014-09-11 Planning Commission Meeting Minutes CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
Thursday, September 11,2014—Oak Park Heights City Hall
Call to Order: Chair Kremer called the meeting to order at 7:00 p.m. and called for a
standing moment of silence to observe 9-11.
Present: Commissioners Anthony, Bye, Kremer,Nelson and Thurmes; City Administrator
Johnson, City Planner Richards and Commission Liaison Liljegren.
II. Approval of Agenda:
Commissioner Anthony, seconded by Commissioner Bye,moved to approve the Agenda as
presented. Carried 5 - 0.
III. Approval of July 10, 2014 Meeting Minutes:
Commissioner Bye, seconded by Commissioner Nelson, moved to approve the minutes as
presented. Carried 5 - 0.
Approval of July 22, 2014 Meeting Minutes:
Commissioner Anthony, seconded by Commissioner Bye,moved to approve the minutes as
presented. Carried 5 - 0.
IV. Department/Commission Liaison/Other Reports: None.
V. Visitors/Public Comment: None.
VI. Public Hearings:
A. Pine Grove Gardens PUD Amendment & Preliminary and Final Plat Approval —
Oakgreen Court, N.: Consider requests of St. Croix Home Builders, Inc. for Planned
Unit Development Amendment and Preliminary & Final Plat approval to allow
construction of a 5-unit townhouse structure, located within the Pine Grove Gardens
development at Oakgreen Court,N.
Commissioner Thurmes noted that he was the surveyor to the project and removed
himself from the public hearing.
City Planner Richards reviewed the September 4,2014 planning report,noting that the
request is to allow a revised plan for five townhome units in an area planned and platted
for six units as a result of a reduced setback created by MnDot's roadway changes to the
Hwy. 36 frontage Road. He noted that the units will be constructed to match those
within the existing development and that the new development will be platted as Pine
Grove Gardens 2nd Addition
Planning Commission Minutes
September 11,2014
Page 2 of 5
Richards provided an issue analysis of the request and discussed the same, including
issues related to conditional use permit criteria to be reviewed as to design standards and
Homeowner's Association acceptance of the plant change with a reduction of the
number of units and their acceptance of Outlot A as an additional common area that will
be maintained by the Homeowner's Association.
Chair Kremer opened the hearing for public comment.
Robert Johnson—5833 Oakgreen Ct.N.noted that the developer wasn't present and that
it has been his experience that they are usually present to answer questions. Mr.Johnson
questioned how the Commission could proceed without his being present. City Planner
Richards noted that the public hearing as an opportunity for discussion and that it would
be up to the Planning Commission to determine whether or not to proceed in forwarding
it to the City Council.
Mr. Johnson stated that the second coat of asphalt and curbs have been placed to the
private roadway within the development and asked what would be done to force the
developer to repair all damage done to the road and curb. It was noted that while it is a
private issue with the developer and the Homeowner's Association,as the owner of the
road,a condition would be placed within the Development Agreement and the Amended
PUD Document; however,the Homeowner's Association should also have it noted in
any approval document they create with the developer. City Administrator Johnson
noted that typically this has not been a problem with development agreements and that
one method the City has is to withhold occupancy permits until such time compliance
has been met.
It was clarified that the agreement with the developer and the City is one to allow them
to create the development,contingent upon whether or not the Homeowner's Association
allows it to occur within the development. Conversation was had as to options the
Homeowner's Association as to the accepting the Outlot as part of the development
common area and any escrow they may wish to require to guarantee compliance is met
for issues related to the development.
Mr. Johnson asked the Commission to consider tabling the matter until such time the
developer was present to address inquiry to the development proposed.
Tom Ulness—5858 Oakgreen Ct. N. noted that he lived to the backside corner of the
proposed structure and inquired as to receiving a copy of the landscape plan. City
Administrator Johnson stated that if Mr.Ulness did not find it in the report materials he
has,that he will see to it that he receives a copy.
Mr.Ulness expressed concern about construction activity and parking. It was noted that
this would be a Homeowner's Association concern and that they would need to address
the issues for the development as to where workers could park.
Planning Commission Minutes
September 11,2014
Page 3 of 5
Mr.Ulness discussed the elevations to the north side of the proposed structure in relation
to grading and drainage. City Administrator Johnson noted that the matter of grading
and drainage would be subject to the review and approval of the City Engineer and that
in light of the roadway work being done by MnDot,would need to be reviewed overall.
Mr.Ulness questioned whether or not the proposed deck/porch combination was being
proposed or if it was an option. City Administrator Johnson noted that, as shown on
the plans, they do encroach into the outlot space, similar to that of the porches/decks
to the northeast townhouse units, and that this is one more item for the Homeowner's
Association to consider.
Dan Thurmes introduced himself as the project surveyor and discussed the design plan
for the five units in line with them being placed into an area that was originally platted
for six units and that he felt the design was a good product for the site. He noted that the
grading and drainage would be per approved plans and that the porches were being
proposed as shown. He apologized for the developer's absence and made himself
available to respond to questions.
Chair Kremer asked if there was anyone else who wanted to make any final comments
to the public hearing. There being no additional comments or questions from the
audience,Chair Kremer closed the public hearing and asked for Commission discussion.
Commissioner discussion ensued as the absence of the developer and Homeowner's
Association leadership and consideration of tabling the request until both can be
present to address questions. It was clarified that the public hearing notice was
mailed to all property owners within the development, including those who are
members of the Homeowner's Association Board. Commissioner Anthony
encouraged Mr. Johnson and Mr. Ulness to reach out to their HOA Board as to their
concern. Chair Kremer added that should the Commission decide to table the public
hearing, it is important that the developer and the HOA Board have someone present
at the next meeting, who is aware of their concerns and can negotiate on their behalf.
Ruth Easton—5853 Oakgreen Ct. N. arrived. Chair Kremer clarified that she was the
Pine Grove Gardens Homeowner Association President and re-opened the public
hearing.
President Easton informed the Commission that the HOA Board and its management
agent,Judd Orff have been in conversation with the developer in response to issues and
concerns of the Pine Grove Gardens residents,that those noted by Mr.Johnson and Mr.
Ulness are part of those conversations. She did note that while a final agreement has not
yet been reached,she felt that they were very close. Commissioner Anthony encouraged
her to make a point to reach out to their HOA members to ensure that they were aware
of what is happening and that their concerns are being addressed.
Planning Commission Minutes
September 11,2014
Page 4 of 5
The developer has interest in commencing construction prior to winter. President
Easton stated that she didn't feel that they were that far apart in coming to an agreement
and that she felt that,with the lot having been empty for such a long time,that it would
be advantageous to the neighborhood to see the work get started. Prior to anything
getting started, however an agreement needs to be reached and approved by the
Homeowner's Association.
There being no additional comment, Chair Kremer closed the public hearing.
Commission discussion ensued as to the conditions within the planning report, with
City Planner Richards proposing condition amendments for the expressed HOA
issues and Development Agreement approval.
Commissioner Anthony, seconded by Commissioner Bye, moved to recommend City
Council approval of the request, subject to the conditions within the September 4,
2014 Planning Report, as amended, specifically that:
1. The preliminary and final plat shall be approved by the City Engineer and
City Attorney.
2. The Planning Commission was favorable to the proposed setback to the
MnDot right-of-way as part of the approval process for the PUD.
3. All landscape plans shall be subject to review and approval of the City
Arborist.
4. The grading and drainage plans shall be subject to City Engineer and if
required applicable watershed authority review and approval.
5. All utility plans shall be subject to review and approval of the City Engineer.
6. The Planning Commission was favorable to the final building plans and
materials.
7. The snow storage plan shall be subject to review and approval of the City
Engineer.
8. The Homeowners Association shall accept the change to the plat,plans to
reduce the number of dwelling units to five, accept Outlot A as additional
common area that will be maintained by the Homeowners Association, and
address issues related to streets, curbs, and construction vehicle parking with
the Applicant.
9. Additional landscaping shall be provided between the end unit and the
MnDot right-of-way subject to approval of the City Arborist and the
Homeowners Association.
Planning Commission Minutes
September 11,2014
Page 5 of 5
10. The applicant shall be required to enter into a development agreement. The
development agreement shall be subject to the review and approval of the
City Attorney and City Council.
Carried 4— 1 —0, Thurmes abstained.
VII. New Business:
A. Discussion of Commission's purpose and philosophy for City planning.
Chair Kremer stated that he had this placed on the Agenda because he wondered if
the Commission might find it beneficial to have a conversation about what the
Commission's philosophy of development is and to place it into a general paragraph
within the Commission Bylaws.
Discussion ensued. City Planner Richards notes that the 2008 Comprehensive Plan
related to the philosophy of development and such for the City of Oak Park Heights
was crafted by a different City Council and different Planning Commission and
pointed out that updating of the plan was coming up and that the process would
create a good opportunity for such a discussion and may help what Chair Kremer is
seeking to achieve.
VIII. Old Business: None
IX. Informational:
A. Upcoming Meetings:
• Tuesday, September 23, 2014 City Council 7:00 p.m./City Hall
• Thursday, October 16, 2014 Planning Commission 7:00 p.m./City Hall
• Tuesday, October 28, 2014 City Council 7:00 p.m./City Hall
B. Council Representative
• Tuesday, September 23 , 2014—Commissioner Thurmes
• Tuesday, October 28, 2014—Commissioner Anthony
X. Adjourn: Commissioner Nelson, seconded by Commissioner Anthony,moved to
adjourn the meeting at 8:02 p.m. Carried 5—0.
Res s ectfully submitted,
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Pl. g&Code Enforcement
Approved by the Planning Commission: