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HomeMy WebLinkAboutPlanning Commission Minutes 06-07-1972PIING OM41SSz0N VILLAGE CSP PL`aD=j MME -,MTA JUNM ?, x.97 A regular meeting of the Planning, Commission was called to order, by Chairman lgahl at 7, 6 p.m: in. the Council Chambers of the Public rlbrks Building on Wednesday, lune 71 1972 MMM5 PRB :N'r' Chairman, Jam; Wahl, Commissioners Fran Hagen, Dill Yeeley, John Roth, Warren ChapmoA and Reg Kroskin (arrived at 9:15 p.m. NOP ERS ABS -A Com issioner`Jim Thre nen ST.PRMEN'r< Martin Overhiser, Sandy Haugen A-591 James L. Jones A 391 Jmx,,,s L. Jones requests rezoni of an area of approximatsly 2.,2 MISS L. JONES acres: located at the Northeast cgrner of Hemlock Lane and County, . Road, 10 from R -G to B-4 (General &Is ness District) in order to Rezoning R -Q to E-4 develop a 3,200 square foot ccmercial building. Mr. Janes indicated he purchased the property 10 years ago when the land was zoned commercial. He dig. extensive grading of the land and Later sold the area to the North which is now developed with single family hones. He pointed out that these homes were built when: the land was still zoned, commercial. F)a stated the build- ing will be at least. 300 feet from the n,ea -est house and felt the use wouldd be consistent 'with. the grocery store and liquor store located to the east.: hgress would be from Hemlock Lane because of the sloping nattire of County Road 10 at this point and the amount of traffic. Commissioner Chapman asked whon. the property, was zoned R-0 and if he had been notified of same.. Mr, Jones stated it was about S yearn ago and that he had not received notification from the Village and chid not read the notice which. appeared in the newspaper, Commissioner Roth asked how many homes were North of the site. Alr. Jones indicated there were 5 homes within the 400 foot distance and; that approximately half the lots in the, subdivision, are developed:. Commissioner Moth asked Planner Cverhiser what was set out in the guide plan: for the. area to the South. fir. Overhiser indicate this is set out for single faanily homes. Commissioner Keeley'' asked %ten County Road 62 would be developed through this area. Planner Overhiser indicated the stretch to the South would probably~ be started in about 5 rears. Commissioner Keeley pointed out the commercial areas being developed to the North and West of this area, in Maple Grove and stated he felt this development would make the proposed. site obsolete.. Planning. Conmission June '7 , 1972 Commissioner Keeley asked what type of construction was planned. Yx.. Jones indicated it would be: brick on three sides. Terry Xilian, 5960 Hemlock Lane, lives on property adjacent to Qp1ollo a this -site._ She felt a co mercUl building with traffic feeding onto hemlock Imine would be a bad idea -because traffic is quite heavy on Hemlock at the present time. Jack Kilian, 5960 Hemlock Lane, stated he felt scattering colw4er- cial buildings throughout ;the Village was bad planning. He felt there: were other sites near County Load la that would be better suited for this typeof bu:ilda . Chaim Wahl asked him if he patronized the existing conte rciai businesses ];coated, to: tape east of this site. 116 said he did anti. would :not be in favor of elimi- nating them. Rrs Audrey Johnson, 5970 Hemlock have, stressed the traffic problem that wou:d be created and stated she: would not be opposes', to this project if it faced County Road 10 and had its egress frzin that street. She also stated she had no objections to the existh*.g com verc al businesses to the east because the traffic did not effect t. om. D. E._ DeZurik, ;Route 2, Osseo,; also sited the traffic problem and explained there is a great dean of traffic on County Road 10 that turns: North onto Hemlock Lane. He did not feel a stop sign at this intersection would be practical because of the dOKmgrade of County Road 10 at this points Mr. Jones painted out that there would not be a high level. of ' RFMMAL traffic generated by this: commercial center nor .ould itattract people from a great. distance. Ne stated Cotmty Road 10 will have to be L.ipgraded at some time in the future which is why he wished to put the driveway on Hemlock Dane The buildizxes would he a distance of about 250 feet from the nearest house and would be screened by a double row of trees The Public I -searing was closed at 8,* U p.m., PUBLIC I-MARTINIG CLOSE) Motion for action made by Commissioner Chapman, second by Com- MTIONx FOR AMON missioner Feeley. 'Motion passed 5-0. r 395 Lundgren Brothers Construction Co. 'Willow Pondsi' x:,395 Llie Public, Bearing to consider the Preliminary plat. of Lundgren LUNDGRF4 BRAS. CONST. brothers Construction Co. '`Willow Ponds" was opened at 8:017 p.m. "WILLOW PONDS" Planner Overhiser presented the plat which is located North of Preliminary Flat OPonderosa., `East and South of Westfield and West of Mapledell,. The plat contains 26 l.ot .5 with one street (28th Avenue) fronting of Durzkiik bane. Oae street is extended from Ponderosa on the Taxing Commissi.m _ - June 7, 1972 South and one from Westfield on the North. There is one existinghpusetheGeorgiahouse. Comisisiouer Keeley asked if 28th Avenue couldn't be extxnded to the Fest to tie in with Westfield Planner Overhiser explained that this is a standard subdivision with some vnraances required.. Commissioner Keeley asked if the variances would be necessary if this was a community writ project., Ir. Overs hiser stated the variances vould not be necessary but that theyold: be required to shag at lust 10 percent as open, space.. at Wells explained that the reason tiis was a Aandatd subdiin,sica was because the grillage staff had indicated to him they- d.l rot desire any additional park lmta an area.. The average size of the lots is ane -half acre but because o-' the topogra.phy some lots are not. mint un size. All oumissioner Hagen asked if a change had been made ,in the Westfield Plat to allow for Everest Lane. Planner Ovexhiser explained they are working with the developers to allow for an outlot. fie stag Donna* would probably be required to build this street as part of their development contract. lvFr. Wells pointed out that they are also paying for a. street into Ponderosa. Wen questioned x-egarding the surrounding plats, Planner Overhiser explained that the Preliminary Plat for Westfield has not been approved and the .Final Plat. for Ponderosa has not been filed. There were n.o opponents, and the Public Hearing was closed at 8.19 p.m. Motion made by Commissioner Hagen, second by Cmmissioner Roth:, MTION fOR ACTION for action., Wtioa passed 4-1 with Comi8sioner Chapmanoppose 6,. A-379 Drevfvs Interstate Development Corp, ".limber ,bods''` The Public :Hearing to consider the rezoning -request (R-9 to R.-1) I?REYFt1S INTERSTATE and Preliminary Plat for "Amber Ifoods" was opened at 8,-20 p,m. PE%rFJORMFNT CORP. Rezoning R t to R-. Planner Overhiser located the pxoperty Nloxth of County ?load 24 F zoningiRR- VI P - West of the Righes addition. It is an 8Q acre parcel on which they propose 168 lots, He:plained the allowed number of lots is,determined, on how the park dedication ordinance is interpreted and whether land or cash is given. He pointed out there is an bast -West collector on the thoroughfare plan that is not included in the plat and it is the staff Is recommendation. that the only public ways 'to be considered, is the area to be a walkway to even- tually connect with the Greenwood School Bill Dickey indicated they are developing this parcel as a lot PROPONVInS sale 'p rogrram r Pl.ann.ing Ccmaissi,on 4 Jure 7. 1072 Peter Jarvis indicated they geared their development to the 16 acres of heavily wooded land in the center of the plat. This is a com=ity emit pro j ect where they, will review* the building° plans of builders of custc r homes. Tie indicated thei Planning Colm-Lissim June 7, IM the proposed location, would put the street at, tine South edge of the Greenwood School, and this school sbotad be buffered, by homes.. Mr. Jarvis stated it would not be practical to move the street further South as the soil is bad there., Chairman Wahl asked if they had soil borings Rrom, the proposed location, Mr. Taivis indicated they did not. .k also indicated they felt the 60 soot right-of-way for streets would be excessive. 2. This was agrwable, and they would prefer to roturn to their origi- nal pl&n showing a more extensive walkway system. 3. Dro^yfus would p-.-efer to give cash in lieu of land dedication for parks 4. Planner Overhiser indicated they were concerned about corner lots that -would require setbacks on Z side streets. S, Mr,, Jarvis asked that the Counc-, proceed with plans for the sari- tar), sewer system based upon the stvdies that have been, done., BcIward Schower, Route 2, Wayzata., questioned how Z:ie low land to OPPOMNTS the North is drained. Mr. Lynch stated several hundred acres of land drain into the open drainage ditch which runs to the East. IvIts. Robert Ikintierl, U820 County Road 24, appeared representing her parents who a4n the property adi acent to this property to the hbst. Ii6r question concenied sewer service, (hairmaa Ifahl indi- cated the matter was under consideration by staff but no action has been, taken. Planner Overhiser indicated, that the water could be extended up from the 13outh of : County Road 24; however, County Road 24 is the North limit of the gravity for sewer. The lift station proposed is an interim solution until such time as, a Yrav,*:ty, system is provided for this area. The cost would be born by the developers in the area with possibly an area charge. George 14essling, 3030 Walnut Grove Lane, expressed concern that a rajor intersection would be created, with only one access point onto County Road 24 directly across from Urbandale Lane and questioned the uncertain nature of the collector street. YX. Jarvis replied to Mr. Hessling's comments that they tried to MMAL eliminate the problems of staggered intersections by this arrange- ment. Commissioner Chapman asked if they would drop the project if the Village Temains firm on the Southerly, location of the collector street.. Mr. Jarvis indicated they would n< t; hogoever, it would mean they would lose approximately 10 to 12 lots and he would ask that these lots be added -",-o the area to the North or they be allowed to decrease the size of the lots in the plat. The Public Hearing was closed at 9:17 p.m. PUBLIC DING CLOSED IK ion for Action made by Commissioner Chagaan, second by Chair- -WION FOR ACTION man Wahl. Nk tion defeated by a vote of 1-4 with Commissioner MUM— Chapman voting in favor. Commissioner Kroskin who arrived. duringdiscussionofthismatterabstainedfromthevote. P!W-a1jzg' Comfission 6 June 7, 1972 A-391 James L. Jones A-391 hJotim made by Commissioner MaTnan, second. by Commissioner JAMES L. JONFa Keeley, to recommend denial, of the request for the following ACTION reasons: I. It would not, be consistant with other actions in the area, 2. 'tape Comprehensive Land Use Plan presently under study does not Propose the development of ccmnercial activity' at this location, and other commercial development anticipated in the area of County Road 10 and County Road 18 and also County Road 10 wA;d 1-494 would adequately serve Northeast Plymouth, 3. 'Policy has been established to discourage strip ccemercial uses along thoroughfares, LOTION TO RPC(' IMD 4. Earlier requests fo)r rezoning in the, general vicinity have DENIAL beendenied, and S. The request cannot meet all the considerations required as per the Planning Commissiondbeck list guide. Commissioner Hagen stated lie felt it was not rL good idea to zone any more 1and commercial in this area of Bass Lake as it is not bi keepbig with the natural, amenities. lte also pointed out that Hemlock is not intended to be amajor traffic artery. Motion to recommend denial passed 6-G. A-395 Lundgren trotheTs Construction, Co, "Willow Pondsl-39FA S Motion by Commissioner Chapman, second by Commissioner :Keeley, LUNMEN 'BROS.- _CONST. to refer this matter to committee for further study n( possible IIWTLLOW P01,DSi_1__'_ recommendations to the developer for changes. ACTION Commissioner Chapman stated ho felt. corner lots were getting to be a problem because they, are too small to allow, front yard setbacks on both streets. He felt the Village should not be granting so many variances. Planner Overhiser stated the houses on 28th Avenue and Everest Lue would probably face on Everest with SS foot setbacks like Ponderosa. Motion to refer to committee passed 6-0. MIT101 FBR T OTQRF Commissioner Keeley stated he would like to see what a community CCWITTEE unit project layout would look like. Planner Overhiser stated he felt this was too small a.parcel to have a 10 percent open space and that there would be too few homeowners to maijitain a hommowners association. Commissioner Keeley asked if the homecnqners associ- ations; could be incorporated witli other developmc-nts in the area to maintain these walkways. Planner Overhiser felt this would pro- duce. difficult legal problems. Plann=g Commission 7 June 7. 1972 Chairman Wahl stated, he felt th- Park Commission should be invited to a Planrmiaxg Commission meeting to discuss coordinating these trail systems. Planner Overhiser inL med the Commissioners th:r had been invited to the Park Com`Rission meeting June 13 and it was decided this was a snib J ect to d=iscuss at that iaw ting< A-397 Edwarl SchomMor Wthur Naustdal. A-397 Arthur Naustdal is requesting wn b6half of the owner Ed Schomner INWARD SCI-C MER a. subdivision -variance to divide a 3.0 acre parcel located on AMUR NLIJSTDAL County Road 24 olie-half mile west of State Hig][t stay 10 into -.o l=ots, one. of 21,780 square feet on which a new .house is being Subdivision Variance 10kilt and one lot of 2.5 acres with the existing house.. Planner Overhiser exTlained that the wilding Inspector has issued building permit for the new, house with a condition that 60 days after the house is completed the existing hoose :mast be tarn down if the subdivision is not apa,oved. Mr. Schomer also owns the 6,4 acres to the south of this parcel, and Mr. Naustdal indicated they would like to sell the existing house. Planner Overbiser indicated that the existing house would not create a problem until such time as the proposed road is built through the property., tion made by Commissioner YToskin, second by Commissioner INHa.gen, NWrION, TO RECMiEND to recommend approval of the petitioner's request to divide the ,APPR(ITAL parcel; into two parcels as requested subject to the foli.owing conditions 1. Property owner agree to granting the Village the 20 feet of additional right-of-way needed on County 'Rbad 24 along the Orth side of the property. 2 Property otrner agree to 'utilizing private access rights to County Road 24 only until such time as a local street is constructed to serve future platted larxd to the south of the parcel at which time the existing private drives to County ;Road 24 world be connected to the noir local street 3. The existing house gust be razed prig to the 2.5 acre parcel being further subdivided. Motion passed S-0 with Commissioner Chapman abstaining. A-386 Northwestern Bell Telephone Company 11-380 Planner Overhiser presented the petitioner's plans for a toll NW BUIL TE-LF.PFK)NE CO. switching building and tower at the Southeast corner of Xenium Toll &gi:tching BuildingLaneandCotntyRoad6. The following requests are being made. I. Subdivision. Variance to consolidate 6 parcels of laxed. 2. Site Ply Planning Com fission - 5 - June `i 1972 3. Conditional Use Permit for a 310 foot tower 4.. Conditional Use ,Permit to build a public_serviee buildingS, Variwnce to provide only 5o parking spaces (64 required 6. Street vacation for portion, of 15 1/`2 Avenue 7. Variance to Building Cale to eliminate sprinkler systems and windows. Planner (Verhiser explained tha requests 1 through 5 required Planning Conussion review. Cmmissioner Kaeley stated he was rot in favor of request #7 because of his concern over problems in case of fire, Bob Pete. -Son an: their architect from Setter, .Leach 4 Lindstrom presented sketches of the tower and. indicated it won..dd be 30 feet in diameter. It can accommodate up to 24 horns but only 8 to 12 are planned at the present time. The Commissioners expressed concern over the appearance of the tower and the location of '_'Ie horns and felt they would like to see photographs of an existing tower rather than the artist's sketch presented. fir. Peterson indicated the tower would not be illL nitrated nor would it have miy advertising on it He also indicated it would fall, entirely an the petitioner's property and could withstand a wind velocity of lop M.P:R. Commissioner Kxoskan asked if there would be any equipment or trucks stored outside the Mx. Peterson indicated there would not be. Planner Overhiser stated. the Villa e an add" did not need y additional x street right-of-way. Motion by Commissioner Keeley, second by Commissioner Roth. to recom- IMIONT TO RECMff_ND mend approval of requests 1. through S. ,APMOVAL Commmissioner'Chapman pointed out that Ravenwood to the Southeast of this site is to be one of the better areas of residential develcpment in the Village and felt the view of this tower would be detrimental to this project. Commissioner Keeley "-ated he felt this was a necessity of Life and would be an asset to the Village. Mr. Peterson, was questioned regarding taxes on the property. f1e indicated they pay a gross earnings tax as opposed to real, estate tax which goes into the Mate general fund. He also pointed out that Northwestern Bell, is one of the heaviest taxed businesses in the State. Mot -ion made by Commissioner Hagen, second by Commissioner Kroskin, MOTIOIN M TABLE to table the matter until further Hagen,,, as noted above is supplied by the petitioner. Motion passed 6-0 A-.237 John Gullickson FA -237 The peti.ti.oner presented a site plain consisting of go tmits on t OFN CAILLSCKSO 5.4 acres o,E' land. Planner Gvorhiser pointed out that with the additional aright-of-nvay taken wt, only, 84 units would be allowed. Site Plan Approval Planning Commission .lune 7, 1972 Commissioner Chapman stated he dial not lie to see the garages backing onto the adjacent property and throught -,Re should Look at this plan in relationship to the Shaughnessy property, Commissioner Keeley asked if any soil borings had been, taken: Janes Cooperman stated. they hadand the bad soil varies front S feet to 19 feet in depth. 11e indicated they tried: to locate the buildings to the soil conditions but that they will have to remove soiv cf the bad soil and fill and compact Commissioner Keeley stated he felt it woUld be better to go to 60 units and put the garages belov grade. He ailso asked if Fassett Creel: Flood Control Commission had approved this plan. Planner Overhiser indicated this is not witUn, their flood management area. Commissioner Kroskin asked if it was possible to depress the garages, Planner Overhiser indicated they could prdbabl depress then 4 feet a i bean up another 4 feet. Motion made by Commissioner Kroskin, second by Commissioner iC IOIN TO DEFER ACTION Keeley,, to defer action until such time as the fallowing con= ditxons are met* 1. Developer agree to dedicate V feet of additional way on South Shore Drive along the existing structure arO the frontage north of t existing house.. 2. The number of units riot exceed 84 3. Garage structures be depressed and landscaped so as to give the appearance of being wider ground. 4. Pool be placed in a niore central, location S. Interiir privatv street pattern:. be 'revised and approved by the Village Engineer and Fire Chief and that it be connected with the exinting parking lot Northtest of the; existing 17 unit structure. tion by Commissioner Keeley, second by Commissa ones Kroskin, to amend condition N,,-' to eliminate the sued type ga ages and replace with gang garage. Motion passed 6-0, Motion as amended passed 6-0. A-9 Flood,Plain1ain Zoni.a Ordinance P.I-,u mmer Overhiser inforred t?le Commissioners that the Council at FLOOD PLAIN MINING OR. their May 22 metting directed the Planning Commission to wort; with the Vllage staff: to prepare a Flood Pl;,)in 2ontig Ordinance and held a public bearing on Sam. Motion by Cormissionex Chapman, second by Commissioner 12u-tta, to refer this matter to a committee Motion passed. 6-0. Commissioners ' Tagen, Chaprart: and. Kroskin were appointedSacommitteetostudythismatterwith. Ccanmxssioner, Hagen Chairman. Planxning Commission 10 - June 7, 197 A-383 Dorn Wilders, Inc, A-383 The Planning Commission, at their Ma)~ 17' meeting tabled action on DORN N IIDE S, INC. this site plan until the plan is revised to show storm drainage Site Plan Aaprvalforthearea. Bill Rova and Richard Reid presented their -revised final site: plan showing the final site grading. Plapier Overhiser explainedthe plan now shoats corrected storm drainage going out to Cotmty Road 6 and grading Drought up in line with the a -rage roofs. Ile indicated the staff has reviewed: the plans and found no object- ions. bjections. Nlr. .Roca stated the exterior f finish would be predominatelybrick Motion made by Commissioner Ch&limn, second. by Commissioner Roth, MOTION? TO Rl:MMM to recamend approval of the final site plan. Notion passed 5-6. APPROVAL Commissioner Keeley stated he wished to abstain because lie was opposed to spot ion*gag, A-305 h,, dgren %- -others Construction, Inc. " 1bod Creek"-305 The Planning Commission again reviewed the Preliminary, Pl t of UTINWREN BRDS. CONTST. Wood Creek", action on which had been deferred at the previous "WO CREEK' meeting. Planner Overhiser explained that the Park Comnissiorn had reviewed the plat on June 1 and had recommended ,accepting the Preliminary Plat` park at the northwesterncorner of the proposed plat as part of the roquired park donation along with the area between East Medicine Lake Boulevard znd Medicine make subject to certain zonditions, The total park conation would: be 3.9 acre. Commissioner Hagen pointed out that you cannot use park d i.cation in density calculations and that in this instance with. the road right-of-way taken ovt the density is still too high. There followed discussion regarding whether only the 10 percent required park dedication (3.3 acres) or the entire 3.0 acres re- quested by the Park Commission should.be used in, the density calculations. Planner Overhiser also pointed out several inequi- ties he felt existed in the park donation ordinance. It was agreed that this was a matter that needed further study at alaterdate. Motion mage by Corry ds_ 'in.er Kroskin, second by Conrnnission;er MOTION TO RECO Ir -N J Keeley, to recotanend a_ ; °oval of the Preliminary Plat for `%bod APPM AL Creek" with a maxiTmim 6t 58 lots requiring no variances. Iiotion passed, 6-0. The Planning Co am fission reviewed the Park Comn ssion's recanmen- dations. :Planner Overhiser explained that it was their intent that the park Land between Fast Medicine Lake Boulevard and Medic,ne Snake be deeded to the Vil l age but maintained by the homeowners association who would lose their right to use the area if theyfailedtomaintainit. Commissioner Keeley questioned the legal pl-ications of public land maintained by a private party and who would be responsible if an injury occurred. The Planning Com- Planning Commission June 7, 1972 mission directed the Planner to check with the Village Attorney as to the Village's liability regarding the- arrangements as recom- mended by the Park Cotmzsiss ion for the use of the water front Motioa made by Courtissioner hroskin,, second by Commissioner Hagen, to add an addendum to the motion recommendingapproval that the: Planning Commission concurs with the Park Commission's recommend - dations with x eserva:tions on the legal, implications o:: recoramenM dation 02Motioa passed 6-0. A-333 !Lality homes, Inc. 'rTiblitont' A-333 Quality Nomes,, Inc.. requests a Conditional Use permit to erect UTALITY TOMS, INC. a temporary sales office (241 X 30') within their 11riburon" ITIPCIRON" development. Planner Overhiser pointed out the site; on the South side of Pilgrim Lane, and explaiConditional Use Permitnedthisisapcxrrutteduse by Conditional Use Permit wit,un a residential district, Nfbtion made by Commissioner Keeley, second by Co,'vmissioner Hagen., to recommend approval of the Conda,tional Use Permit., Motion- made by Coarmi.ssioner, Keeley, second by Commissioner Kroskin,, to amend the motion to add "until SQ percent of the project isdeveloped". Motion to amend passed 6-0. Motion to recommend approval as amended passed 6-0. A-394 2', ade Chan A-394 Planner O rerhise explained that the Council had deferred action QUADF, calPANy on the petitioner's site plan at their ,lune S ma-eting and had adv;sed the petitioner to revise his plans so that the building Site .plan Approval would be oriented towards 23rd Avenue rather than Niagara Lane & Conditional Use because Niagara Lane is a grillage thoroughfare:, or if this plan Permit does not work out, to limit access to Niagara to one driveway. The petitioner presented a site plan for Planning Commission, con- sideration which showed one driveway to Niagara: .ane, Commissioner Kroskin stated: he felt it was an aesthetic advantagetohavethebuildingfacecantoNiagaraLane. Commissioner Chapman stated he did not: like to see parking in front, of a building in theI-1 district., It was determined- in discussion: with the petitioner and architect Green that the 13 parking spaces in. the front of thebuildingwerenotneeded.. Planning Comission, - 12 Time; 71 1972 Motion made byomrli,ssioner Kroskin, second by Cc+mi;ssioner Keeley, to recatmiend approval of the site plan dated June 6, 1972 which provides for one driveway ontoNiagara-Lane and that the petitioner be given a. variance so that the 13 parking spaces on the Ifest side of he building need not be bui` t at this time 'until needed or until the building i, sold. Motion p,3sed 6-0; Commissioner Kroskin stated that it is his opinion that the building in this type of developAaent is better oriented towards Niagara Lane and that the Council should ta';e into consideration that, Niagara Lane is not a thoroughfare but a collector street Motion made by Commissioner, Keeley, second by Coiw-sit ,ti-er Roth;, 5-17.72 MINUTES to. approve the minutes of the May 17, 1972 meet::ng: W,.on passed d-0« Meeting adjourned at 12.30 a.m. IWOUWI4wr 06157 SH S