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HomeMy WebLinkAboutPlanning Commission Minutes 06-21-1972PLANNING CONZMSION VILLAGE OF PLYMOUTH, MINNESOTA JUNE 21, 1972 A regular meeting of the Planning Commission was called: to order by Chair- man 'Wahl,at 7:40 p.m. in the Council Chambers of the Public Works BuildingonWednesday, June 21, 1972._ MEMBERS PRESENT: Chairman Jim Wahl, Commissioners Jim Thre nen Fran Hagen, John Roth, `barren Chapman (arrived at 8:00 p.m.) and Rog Kroskin (arrived at 9:00 p.m.) MEMBERS ABSENT, Commissioner Bill Keeley STAFF PRESENT; Martin Overhiser, Sandy Haugen A-399 Paul, G. Hatlestad The Public Hearing was opened at 7:45 p.m. ., PAUb G. iATLE,5= Planner Overhiser explained this is a rezoning from R-1 to Rezoning R-1 to R-4Ra-4. The parcels are located directly across the street from the Country House and contain approximately 45,900 square feet.. One lot is in the `pillage of Medicine hake. That par cel would be used for the parking area. The .Apple Uoi ssom lnn and ono single family home are existing on the property. It is a predominately single family are^ wit"- the Village of Medicine Lake entirely zoned: for single fe-til,y. The petitioner has not submitted a site plan for any structure. The range of units permitted would range from, 15 units up to a maximum of 30 units, Planner Overhiser explained that the petitioner is in the PROPONENTS hospital and unable to .attend the meeting.: He has asked for a continuance until the next meeting so that he might speak before the Canunissi on . Chairman Wahl asked if the; petiti otter had presented evidence that he was in fact the agent repre senting the property owners. Planner Overhiser stated that the petitioner had listed the names of the owners on tho ap- plication form but that ordinance does not require that they sign the ;dorm. This is required only for platting. The Com- missioners agreed that in the future there: should be some verification submitted by the petitioner that the owners are agreeable to a rezoning request. Planner Ovehi.ser stated the petitioner had the opportunity to contact the property .owners so that someone could be present at the public hearing; how- ever, there were no proponents who appeared on behalf of the petition. ONeal, Sorensen, 1.32 Peninsula Road,, Mayor of the Village of OPPONENTS Medicine hake, appeared representing the residents of that Village and expressed opposition to the rezoning. Planning Commission - 2; June 21, 1972 Joe boscheider, 100 Peninsula Road, stated he agreed with Mayor Sorenson and presented a. note from Freda Weistrand, 11 6Peninsula Road, also opposing the rezoning (see Exhibit A attaehed,.F William kreber,,106,0 South ,Shore Dirve, stated he would not be opposed td the rezoning if the Village would rezone the entire area from the creek to the Village of Medicine Lak.s in that there are quite ;a bit of non -conforming uses already. He stated he would be opposed, however, to spot zoning.,. Gary 1. Nelson, 10710 15th, Avenue North stated he owns that lot directly adjacent to the property in question. He `was opposed because of the single family nature of the area and because of the SO feet of lake shore access this project would have. He felt that many people with .ia.ke access would be detrimental to the wild life that exists in the area:. He also explained that there are many large trees on the property which would have to 'be cut down for an apartment. He didn't agree that there are a lot of non -conforming uses. He felt apartments would draw transient type people who would not b concerned about: the environment and felt there would 'be ttsa many people crowded in on a small parcel of land, Florence Reinke, 406 County Road 73, stated she fully agreed with fir. Nelson. She owns rental property betifeeii the creek and the property in question and feared the increase in taae number of children in the area would greatly increase their taxes. Janice Nelson, 10710 15th Avenue.: North:, stated she wanted to add that the aesthet1c value of the property would be hurt if an apartment building was built, and it would greatly decrease their privacy and property values. Richard Gould, 102 Peninsula Road, stated he was concerned that the apartment dwellers wooid greatly increase the } number of snowmobiles in the area. The Public Hearing was closed at 8:04 p.m; Motion for action made by Commissioner Threinen, secord by MOTION FOR ACTION Commissioner Roth. Motion passed 4-0 with Commissioner Chapman abstaining A-11 Procedural Amendments to the Zoniag Ordinance ll There being no one present to speak either as Proponents or PROCEDURAL AMENEMWS opponents to this matter, the: Public Nearing was opened and TO ZONING ORDINANCEclosedat8:06 p.m. Motion for action made by Co missioner Chapman, second by Commissioner Threinen., Motion passed 5-0. Planning Commission - 3 June 21, 1972 A-39.9 Paul G, UatlestadA-399 Commissioner Roth stated that even though the petitioner is PAUL G. HATLBSTADnothere, if he had the committment of the oum.ers, there should have been someone present; ACTION Motion made by Commissioner Roth, second by Commissioner Threinen, to recommend denial of the rezoning request for the following reasons I., The Village of Medicine Lake is zoned R41 in that area that adjoins the petitioner's property,. NOTION TO RFCOit Z. The Com-Drehensive Land Use Plan presently under study does not Propose higher density use: i*.t this area. It DENIAL indicates higher density uses in areas more appzopriate for such use.; 3. The rezoning request cannot meet all the ,:ons derations required as per the Planning Commission chock- list guide to rezoning requests, i.e The proposal is contrary to the future land u.`e plan:, It is not compatible with the established land use pat- terns in that area., The change 'would create an :isolated district unrelated to similar districts,, thus becoming "spot zoning", The change could be construed as granting special privi- lege to an individual as contrasted to general welfare, The property can be used in accordance with existing zoning regulations, The change is out of scale with the needs of the neigh- borhood, There are adequate sites for the proposed use in dis- tricts within the Village permitting such use, The change could create or excessively increase traffic congestion: Commissioner Hagen stated he telt that because the petitioner did not present a s3ite plan for developing this property, it appears to be a request to enhance the value of the propertyforsalepurposes. This has not been done in the past and should not be permitted now. Commissioner Roth asked if the petitioner's request for a con- tinuance should be considered by a formal motion. Planner Overhiser pointed out that the petitioner will still have an opportunity to appear before the Council. Motion to recommend denial passed s -o. A-11 Procedural Amendments to the Zoaing Ordinance A -I14 Pl anner Ovexhiser explained that these proposed an PROCEDURAL ANIhNDN US include the proposals of Councilman Neils to increase the TO ZOINING ORDINANCE minimum. square footage in the R-4 and R-3 districts, Planning Commission, - 4 - June 21, 1972 9Conmissi.oner Ch`:,pman questioned who had been, notified of this 1public hearing. Planner Overhiser explained that. -the notice had a.ppeaxed in the Sun Newspapers. Motion made by Commissioner Chapman, second LZ Commissioner MOTION TO RECatIBNDRoth, to recommend approval of the Zoning Ordinance amend- APPROVALmentsaspresented. Motion passed 5-0. --- — A -39S Lundgren gathers Construction "Willow Ponds"' A -,i95 Planner Overhiser reviewed the three -recommendations made at LUNDGREN BROTHERS the meeting of the Committee of the 'whole on dune 13, 1972. "WILLOW PONDS" Commissioner Threinen questioned Planner Overhiser , if the Preliminary PlatpetitionerwasixifavoroftheCommittee's recommendation to extend 28th Avenue to the West to connect with the Westfield plat. He stated they objected primarily because of all the traffic that would be funneled through the plat. Overhiser stated that the staff felt there `s 4dequate circulation and that this street is not needed. Commissioner Hagen pointed out that the variances shown: on the first plan have not been changed as recommende, by the Committee. Planner Overhiser explained that the staff had recommended the petitioner not propose a Residential Sub- division Unit Proj pct as the plat was too small to support common open space and a homeowners association but to request a standard plat with variances to conform with the surrounding plats Commissioner Chapman pointed out that the corner lots lyad not been enlarged. Chairman Wahl stated he did not feel the petitioner should be able to ask for these variances. It should be developed as a,, standard subdivision. Ey granting the variances, the Village is giving them 2 or 3 more lots than permissible under standard platting. He- pointed out that the irregular size of the Georgia property created many problems and felt this was an attempt on the part of the owner to limit his street frontage because of his concein over special assessments. Commissioner Roth stated that with streets coining through from other developments h -e felt the setbacks should all be the same, Planner Overhiser pointed out that the average lot size was just over 22,000 square feet and thw. Zoning Ordinance only re- quires 18,50Q square feet. Commissioner Hagen pointed out that most of the lots that are undersized ale the corner mots, and these are the greatest problem in any development. Planner Overhiser stated the petitioners feel they can 1pcate houses Qn these corner lots if they get the 35 foot setbacks a.pprov,-O ., Commissioner Roth Planning Commission June 21, 197 stated he d.id not think we should also grant thein a variance to also have 10 foot side yards on some of the lots. Chairman Wahl stated he felt the plans could be redrawn with about 4 less lots and no variances, and it would be workable. Planner Qverhiser stated he thought the petitioner would rather submit a Residential Subdivision Unit Project and request a waizrer of the 10 percent open space. Commissioner Hagen pointed out that this would not be permissible as the plat was less than ZQ acres. Chairman Wahl stated he felt the Northerly lots should be pro- vided access ,from within the plat Motion, trade by Chairman Wahl,, second I y Comaissioner Threin.enmoTION To RLCavVL ND to recomzaend denial of the Preliminary Plat. N,otion passed DENIAL5 -0 - The Co;Dmissioners gave the following reasons for denial:DIRECTION TO 1. The plat should be submitted in such a way that no vari- DEYELQPPRS antes are required. Z. Alternative solutions should be found to solve the prob- lem of access for the Northerly lots because of the fact tx at 'Westfield is not approved and also because of the fact, that the property owner t, ' the ;North should not b,e responsible for providing access to these lots. A-379 Dreyfus Interstate Development Corp. "Amber Roods" A-379 Bill Dickev and Richard Craig presented their revised site DI2PYFUS DEVELOP. Alan, They explained there are now 159 lots with an average 1191 ER IQODSI' area of 18,519 square feet per lot and minimum lot size of I1,25J square feet. The number of lots has been reduced due Rezoning R -O to R -itotheincreasedareainstreets . Dir. Dickey explained that preliminary Platnovarianceswillberequiredandthatthehomeswillbeset bacl, 50 feet. There was discussion regarding the east -west street which extends into the unplatted area to the east. Mr. Dickey xp,ained the problem of locating the street further south was dud to the woods. Commissioner Chapman asked if the storm drainage was adequate and if it would create problems for adjacent property owners. Planner Qverhiser stated that, the drainage ditch would probably have to be up -graded some time in the future but would not cause problems for other property owners. Planning Commission - 6 - June _21,_1972 rtion made by Commissioner Kroskin, second by Commissioner Napmair to recommend approval of 'the rezoz in.g from. R-0 toR-1 and. the Preliminary plat;. Motion passed 1-0 Motion made by Commissioner, Krosk n., second by Commissioner MOTION TO iUCM EW Chapman to add an addendum to the motion to include the ion- APPROVALditionthatpublicsanitarysewerforthisprojectbere solveed prior to approval, of the final plat. Motion passed" 6-0.. A-386 Northwestern Bell Telephone Co. -386 Chairman Wahl reviewed the Committee of the Whole discussion W BBLL TELEPHONECO. and action from the June 13, 1972 meeting, The vote was 3-2 in favor of approval at that time: with those in opposition Toll Switching Bldg. primarily concerned about aesthetics.. i Commissioner Chapman asked if we have been, assured that this will not interfere with television reception, etc. Itwas determined ,that it would, not, and Bob Peterson explained that the beam spread over.: 15 miles would be 1 inch to several feet.. He also explained that there would be cable -rom downtown Minneapolis to the Plymouth site and that it would be beamed to the West only. There will be three bands with horns on ethem, the lowest approximately 180 feet high. Commissioner Kroski:n skated he diad not feel this totter fit into the overall criteria of development in Plymouth. Com- missioner Threinen agreed. Chairman Wahl stated he felt this is a political question and problemroblem for the Council to resolve. The Planning Commission should only be concerned. with the problem of land use. Motion .made by Commissioner Hagen, second by Chairman Wahl MOTION TO RECOI4 ENO to recommend approval of the petitioner's requests. Motion APPROVAL (.4efeated) defeated 2-3 with Commissioner Hagen and Chairman Wahl voting in favor and Commissioners Chapman, K oskin and Threinen voting against. Commissioner Moth abstained, Notirn made by Commissioner Threinen, second by Commissioner MOTION TO RECOi+RM Iroskin to recommend denial of the petitioner's requests on DENIAL the basis that it is not compatible aesthetically with the Hage Motion passed. -2 with Commissioners Chapman, Kroskin, and Threinen voting in favor and Commissioner Hagen and Chairman Wahl voting against. Commissioner Roth, abstained, Comprehensive Land Use Guide Plan CaIPF The Commissioners reviewed the draft report on the Compre- USF hensive Sand; Use Guide Plan which will be Forwarded to the Council for their meeting, of June 29, 1972 for their review prior to public hearings GUIDE PLAN planning Conuaissi,o;t - T June 21, 1972 Commissioner .Hagen askod if the Zoning Ordinance would have to be amended when this guide plan is adopted. Planner Overhiser stated it would.: I'ommissioner Chapman inquired if it was feasible to put some- thing into the guide plan. to limit development to buildableland:. It was decided it would be difficult to establish what is bu.1dable land. Commissioner Kroskin pointed out that nothing has been re- solved regarding the trail. system 'yet and this is a maj orpartoftheguideplan. Commissioner Chapman stated he would like to see an LA -5 added in order that LA --1 could be limited to 1 to Z units per acre. The Commissioners were not in agreement with this su.ggesti,on,. Commissioner Kroskin felt this would limit flexibility, Commissioner Chapman asked if there was any way we can en- courage low and moderate income housing in projects. Plan:.. ner Overhiser indicated the. Village Council has directed the staff to prepare a policy statement on this matter. Commis sioner Hagen stated lie did not thank it was possible mone- tarily wise to put a low income house in an LA -1 area. Chair- man Bahl felt the ;solution to this problem was for the Village to help develppers get subsidy financing. Chairman Wahl explained that the Council will probably have to look ata general rezoning when tb,is guile plan is adopted as they did in 1968.. Commissioner Threinen asked about people who have been paying taxes on industrial zoned land who have their land rezoned to residential. Chairman Wahl explained that if it is for the general good of the Village it is per- missible and that taxes would: not be refunded. Motion made by Chairman, Wahl, second by Commissioner Kroskin, MOTION TO SEND TO to send the draft report and map, of the Comprehensive Land: COUNCIL FOR REVIEW Use Guide Plan to the Village Council for review with the advise to the Council that the Planning Commission is generallyinagreementwiththeapproachbutthatpriortopublichearings additional review will be necessary. Motion passed 6-0. Motion made by Commissioner Hagen, second by Commissioner 6-7-7Z MINUTES Roth, to the, minutes of the June 7, 1972 meeting. Motionp a:ssed 6,E Meeting adjourned at 11:10 p.,m, AbJOi1MENT 062272/Sti VILLAGE OF PLYNtG` mi, mjmE50TA NOTICE OF P[BbiC IMARING BY' THE PLANNING CaVIISSIO Notice is hereby given that the Planning ComrLission of the Village of. Plymouth krill. meet in the ,Council Chambers of the Public Kirks Build- ing., 14900 23rd .Avenue North, on June 21, 1972 at '7:30 p.m. to consider the request ofPaul, G. Hatlestad for thvw property owners, Robert Winters, Elmer Hart%,ig and John Bavolak, for an amendment of zoning classification to change the following described property from R-1 (Single Family Resi- dence District) to R-4 (Nkdtiple Family Residence District):: Lots - 2, 7, 9, 9, 13 and 14 of Audltor's Sub division No. 355 (10710 5outStore Drive or North of the Country House Restaurants Such persons as desire to be heard With reference to these pro- posals will be heard at this meeting. ,This Notice is given pursuant to -the Zoning Ordinance of the Village of,Plymouth. Information relating to these requests may be examined at the Plymouth Village Hall any weekday from 8:00 a.m. until 4:30 p.m. except holidays: t 17 a J' 4'` Mira. M. Duron Village Clerk i> tir L Plymouth, DtinnesotaX4 g= e 8, 1972