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HomeMy WebLinkAboutPlanning Commission Minutes 03-19-1975PLANNING COMMISSION CITY OE PLYMOUTH, MINNeSOTA March 19, 1975 A regular meeting of the Plymouth Planning C)mmissien was called to order, by Chairman Kroskin at 7.30 prier, ia the Council Chambers of the Public Works Building, 14900 - 23rd Avenue North, MEMBERS PRESENT: Chairman kroskin, Commissioners Hagen, Erickson, Threinen, Davenport, Schneider and Stewart. MEMBERS ABSENT: Mone STAFF PRESENT, Charles P`Ilerud,, Milt Dale and John Meyer, Plannin 'Itern.- OTHERS PRESENT: Tom. Duntley,, Y.A,A,,C., 'representative Chairman Kros!:in opened the Public Hearing at 7;30 pm. A .= CHAMPLI PETROLEUM CO. A. -I-1-6 Rezoning from R -O to R-3, Site Plan and Conditional Use Permit Staffpresented petitioners request to, rezone a parcel of lard at the southeast corner of Highway 101 and fir,,, Staff explained that a lengthy history exists regarding this site which was previously owned by Skelly Oil Company. A commercial zoning had been granted to theproperty at one time and Staff had assumed initially that this zoning was stillin effect. Subsequen Staff research brought out that the Council had down -zoned this parcel in 1968, at the time of adoption of a new zoning ordinance, to R -O, During the period from 196a to 1973, Skelly Oil had been renewing its building permit on a regular basis and Champlin Oil - representatives hard believed they had bought these bui"ding. "rights" Stith the purchase of the property. Staff did explain, visa a registered. letter to petitioner, that present zoning was R --O and a rezoning would be necessary prior to site plan approval, Planner Rillerud stated that the primary use of the site would be as a"retail gas service station. The site adjoined and is directly north of the Tom Thumb grocery store and a liquor store, Land Use Guide Plan indicated neighborhood shopping u.se on the site. Staff recommended denial of the rezoning request based on the three reasons in its staff report. In addition, Staff presented to the PlanningCommissiona, letter from the Minnesota Highway Department dated March 19, 1975 signed by CA. Hoffstelt, Transportation PlanningEngineer, Minnesota Highway Department, District 5, agreeing withStaff's recommended denial, PLANNINO COMMISSION MEETI Q MINUTES March l9, 1975 n Beck and Jert:y McLaughlin., both of Sioux Falls, South Dakota acted as representatives for Champlin oil Company prefaced their remarks With the comment that they had believed, prior to the letter from Mr. Dillerud, that the property already had commercial zoning, fir. Beck stressed the following reasons favoring rezoning. 1. A B-3, zoning would be the highest and best use of the site, 2. The restricted area. of the site limits, the type of use to a service station operation which does not, need aloe of land, 3.) Service station use would be consistent with Neighborhood Shopping and he expressed surprise that. Staff did not find this to be the, case, 4.) Preliminary soil tests indicate a septic tank system would work on the site, 5,) The proposed service station would use less water than the average private home as no service bays or car wash has been proposed, 6.) That Mr. Earn Howes of the Minnesota Highway Department had, on February 1.7, 1975, granted two curb cuts as per petitioner's site plan, Commissioner Davenport questioned if petitioner was not aware at time: of purchase that the property did not have commercial. zoning? Mr, Beck stated he assumed the zoning was commercial and not R-0. Other Commission members questioned the need for a service station at this location. with the limited population in the area, the economic distress of service stations in general, the reduced supply of petroleum and the dangerous Highway 55/101 intersection:. Mr. Beck replied in regards to the last concern that he could not see how additional traffic at the Highway 55/101 intersection would result, should they be granted permission to build a service station. Commissioner Hagen pointed -out that a service station would generate more traffic to the site and create many more turning movements off Highway 55 than at present, Chairman Kroskin asked if anyone in the audience was present to speak in opposition to the request. Bone being present he asked if anyone wished to speak in favor of the rezoning. R.G. 5undberg, real estate: representative for Skelly Oil Company staied they had never been notified of any public hearing involving any down -zoning of the property from commercial to R-0. He asked what use cot,ld go on the site if a service station use was denied? Cowmissioner Threi nen listed several uses all3wable in a Neighborhood Shopping Center, ie, hardware stores, minor appliance store's, barber and beauty shops, etc, Chairman Kroski n advised petitioner to get a more complete listing from Staff should they desire, Public Hearing on this item was closed at 7:55 p.m. MOTION was made by Commissioner Stewartsupported by Commissioner Hagen that the Planning Commission should act on the petition, MOTI0N CARRIED (7-O_D) (al in favor MOTION CARRIED RMUNG COMMI$SIQO ME TM MIRUT - 'larch 19, 1975 Additional comments were mad` by Chairman Kroskin on the detailed study and preparation that went into the development of the Land Ilse Guide Plan, the previous denials of other, requests for servi ce station licenses on Highway 55 and the inappropriateness " Of strip zoning along Highway 55. Commissioner Hagen added his concern that the City could be faced with another empty service station on Highway 55 such as the Phillips 66 Station, should this venture fa•i l . MOTION was made by Commissioner Threinen supported by Commissioner Schnieder that the planning Commission make the following recommendations to the City Council'. That the request of Champlin Petroleum Company for approval of the rezoning for a parcel of land at the southeast corner of Highway S5 and 101 (Parcel 6605 Plat 43718) from R-0 to B-3 be denied for the 'Following reasons 1. The proposed rezoning would be inconsistent with the City's' adopted Land Use Guide Plan inasmuch as Neighborhood Shopping isdesignatedforthisarea, 2,. The Zoning of this one small parcel to B-3', with no other B-3 Districts in the immediate area could be construed as "spot zoning3YCouncilResolution73.37 clearly states that development should not ,)ccur in areas not served by public utilities; consequently rezoning prior to utility service is premature. 4. The proposed rezoning would be contrary to Goal C: Security, Objective #2 Criteria #3, a,b and c, regarding spot zoning to satisfy .special interests, leap frogging and development beyond' existing utility service. (Goals, Objectives and Criteria for the City of Plymouth, adopted February 7, 1972-,)' 5. Objection raised to rezoning by the Minnesota Highway Deaartm<ent as in their letter from C,,J , Hoffstedt dated March 19, 1975, 6, The proposed rezoning would be contrary to Goal D: Access, Objective #1 points 2and 6 regarding "choking thoroughfare highwayinterchanges" and "access to thoroughfares shall be by public street only,". (Goals, Objectives and Criteria for the City of Plymouth, adopted February 7, 19-72.) MOTION CARRIED (7-0-4'0) (All in favor) MOTION CARRIER Discussion followed on why the Minnesota. Highway Department allowed curb cut -_approval to this site in February of 1975 while in March of 1975 agreed with Staff's recommendation that rezoning of sitebedenied, Commissioner Hagen stated that the Minnesota Highway Department ra; lst permit access to property and that in February a thorough review of this site by the Minnesota Highway Departmenthadlikelynotbeenmade. Pl anaier Dill crud recommended that the Commission take some action on petitioner's Conditional Use Permit and SiteaPl n Request. PLANNING COMMISSION METING MINUTES -4- March 19, 1975 MOTION was made by Commissioner Threinen supported by Commissioner Davenport to table Conditional Use Permit and Site Plan approval until such time as the City Council takes action on petitioner's rezoning request. MOTION CARRIED (7-0-0) (All In favor) MOTION CARRIED A-608 AKE-R-FCAN 61-L COMPAN7 —A-608 Si to Plan and Variance Staff explained petitioner's request to add a drive-thru car wash bay on its existing Standard service station at the southeast corner of Highway 51: and Xenium Lane, Addition of this bay would requirE a Variance of 11 feet and the asphalting;of a portion of the site into the 15 feet of greenstripping to provide access to the car wash bay. In Staff='s opinjon the site is built up to its "carrying capacity" as any addition of a car wash bay would require a variance. Planner Dillerud explained that the Staff's report gave the PlanningCommissiontheoptionofapprovalwithcon,`tioris or denial based an the fact petitioner could not demonstrate a hardship for the variance request. Harlan McGregor, real estate representative for the Amoco Oil Company toTT Commi-s—si—oners that if this site were zoned B-3 then no variance for the car wash bay would be necessary. He did not feel the site was over -built, Comments from Commissioners involved locating the intrusion of asphalt Into 15 foot green -strip, traffic into the station and the question of hardship. Commissioner Threinen stressed that as a member of the Board of Zoning Adjustments he could see no hardship and therefore no reason for an approval, of the variance. Commissioner Stewart believed this request was similar to the Champlin Oil Company rezoning request on Highway 55 and 101 in that both petitioners advanced economic reasons for why approval should be granted while in both instances the City would have to bear the cost of increased traffic at these intersections. MOTION was made by Commissioner Schneider supported by Commissioner Hagen that the Planning Commission make the following recommendations to the City Council, That the request of Amoco Oil. Company for Site Plan approval of a car wash addition to an existing service station and a side yard variance be approved subject of the following conditions: I. No outside storage of waste or materials, 2. A landscape plan be submitted to the City's Director of Planning and Community Development and a landscape bond be posted prior to issuance of a building ntermit. MOTION CARRIED (4-3-0) (Commissioners Threinen,, Erickson, and StewartN opposing) MOTION CARRIED It was noted by the Commissioners voting in favor of the motion that part of the reason for their vote was the fact that Amoco could have improved -the site p,14.r to provide for a car -wash bay without Planning Commission approval but had they done so, it would have been in a much Less des1rable fashion because of access. R4ANRI,HC COMMISSION MUTING MINUTES 5 March 19, 1975 A-4,57 WEAVER ELECTRIC COMPAN A- 5 Cite Plan & Conditional Use Permit Commiss ones Davenport asked to abstain from voting on this request as he represents the petitioner as his attorney,} Staff presented petitioners request for site plan approval of a building addition to an existing electrical shopshop at the northwest corner vf Highway 101 and Merrimac Lane. Intended building use isforelectricalshopexpansionandforofficerentalspace. Planner Dillerud explained that the zoninj ordinance does allow this use in a S-3 District by Conditioial Use Permit as the operation is similar to that of a p1mbirg shop, He added that the site plan complies with the zoni r g ordinance in all respects save for existing parking in a set- back area along the site's west property line. Commissioner Hagen questioned Staff regarding parking in the green -strip" area. He said that the Council wishes to maintain a 15 foot "green -strip" and this plan shots parting infringing into this area. Planner Dillerud stated that with streets on three sides of the building it would be nearly °impossihlo to use the si to and t, i l l mai ntai n this "green-stri p" Sud" Weaver, 17610 - 19th Avenue North as owner of cleaver Electric indicated --his objection to Staff's rocommendation calling for 27 Meet of additional ROW to be dedicated to the City along Highway 1.01. The ROW shoo d, in his opinion, have been taken seven years ago when the property- was patted, He wanted to know f the Super Value store apd the P,ymouth Colony (Merrimac Estates) Apartments granted the City 'his additional ROW when they r,ceived site plan approval. If not, he did not wish to grant the City the R014 unless compensated according to its value, Planner Dillerhkd indicated the City normally did take ROW at time of platting but that there were times when the City required this ROW after pl',atting had already occured. Chairman. Kroski n stated 'the City adop e -i its Thoroughfare Guide Plan in 1972,_ or only three years ago, and consequently it was not an issue in 1958 as thoroughfare routings had not been determined. Chairman Kroskin noted' that while he court a'ppreciat'e fir. Weaver's objection to the ROW taking., it was logical" and sound from a planning standpoint. Mr. Weaver pointed: out that if additional ROW is needed along Highway 101 it should be taken on the east side where the land has less value as it lacks development potential. More discussion ensued on the ROW issue and also parking in the set -back area. In addition Commissioner Erickson raised the issue of screening the parking lots along the west side to reduce the visual impact of this parking for private residences west of Merrimac lane.. City zoning ordinance, Section 17, Subdivision 2, Number 5 was cited as requiring such parking be screened by a buffer fence or a planting buffer screen.. Question of whether trees: constituted a "planting buffer screen" wasraised with Commissioner Erickson stating he d'(, not believe: it would fit the definition and "bush type" plantings would be necessary. Mr.. Weaver i PLANNING COMMISSION MERTINq MINUTES -6- March 19, 1975 indicated willingness to plant a hedge but he opposed the idea of a fence or earth berming du_- to the snow -:removalroblem. Commissioner Hagen questioned why Staff porpos.red allowing peti°"i ones to continue parking cars along, the site's west propertylineinaregviredyardarea. The alignment of this parking, with backing onto Merrimac lane the only means of egress,, was a safetyhazardaswell, Planner Dillerud stated that these spaces were to he realigned to prevent backing out onto Merrimac Lane while he believed that since such parking had; always been permitted It would not be fair to the petitioner to have it removed at this times Discussion centered on diffll;ulty of removing existing parking and whether such a condition would be enforceable. MOTION was made by Commissioner Stewart supported by Chairman Kroskin that the Planning Commission make the following recommendation to tte City Council. That the request of Weaver Electric Company for .Site plan Approval Of a handing addition dated March 10, 1975 and a Conditional D;^e Permit be approved:: subject to the following conditions: 1. The dedication of 27 feet of additional right-of-way along State Trunk Highway 101, R. The removal of the three parking spaces along Merrimac Lane, 3. No Outside storage of waste, garbage or materials, A posting of a landscape and drainage bond to the City prior to issuance of a building permit 5. Recommendation of the Staff relative to placement of fire 'lanes and handicap stalls, 6. Screening of le parking lot along Merrimac Lane. AMENDMENT MOTION was made by Commissioner 1~lagen supported by Commissioner Threi'nen to change condition number two (02) to replace the word "removal" with "realignment on a north -south direction," MOTION CARRIED(6-0-1) (Commissioner Davenport had stepped down prior to discussion of this topic and therefore abstained.) Commissioner Threinen requested that Staff include as an addendum a review of what the City did regarding ROW for Super Value and Plymouth Colony Apartments, n- `1L NELSQk} u" Final Plat Comments were wade regarding "Greentree West" final plat and whether it conforrud to t!l, e preliminary plat and conditions imposed by theCouncilasperResolutions74-541 and -542. Staff assured the Commission these conditions were met in the final plat as presented. MOTION was made by Cammissioner Hagen supported by Commissioner ` Schneider that the Planning Commission make the following recommenda- tion to the City Council PLA14ING COMMISTON MUTING VINUTES "7- March 11, IP75 That the Final Plat of Weentree Nest" Q approved as submitted by Earl tel son MOTION CARRIFD 174-0) (All in favor) MOTICI CARRIED Repqr1s,of Offigers,2yEds and_Commit.tees Planner Dillerud exnlained Council discussion at its March 17th meeting regarding the Medira Rud alignwent betwe;n Vicksburq Lane and Niagara Lave. Their primary concern was the locating of the road through thi ponding area in the proposed "Playhouse Industrial Park Second Addition". They requested that Staff come back to the Council with more alternative alignments. Minutes of the Planning Conmissioar Meeting of March 5th were presented for approval, Commissioner Erick on proposed that the wording for Condition number five (41) for the "Playhouse Industrial Park Second Addition" on pages 4 and 6 be changad from a 911 intersection W I hath Avenue North (on a curve) to "on a continuous curve with 21h Avenue North irtersecting Medina Road at a qAo angle',, 10TIRI was made by Commissionor Stewart supported by Commissioner Schneider that tie minutes of the Planning Commission meeting of March 51 1975 be accepted as amended, MOT14U CARRIED (7-0-0) (All in favor) MOTION CARRIEn sijpjjion of Ag2je Mortenson Planner Dillerud stated that the Planning Department's secretary Aggie Mortenson had submitted her resignation and would be working for kehrman/Chapman Associates in a similar position. Conmissioners expressed approval of her performance in her job as the Planning Department's secretary. Migesoca. PlanningAssociation(MRA) Planner Dillerud wished to know which Commissioners would be attending the Minnesota Planning Association convention in Rochester. 0 PLANNING COMMISSION MEETING MINUTES M 8 - March 19, 1975 fiConvention dates are Wednesdays April 2nd thru Friday, April 4th, Commissioners Eric„son; Schneider and Davenport expressed interest in attending some of the sessions but Staff would contact PlanningCommissionmembers1,: er to confirm. Chairman Kroskin directed Planner Cillerud to present a short summary of convention highlightsattheApril16thmeeting. MOTION was made by Commissioner Hager supported by Commissionertewartthatthemeetingbeadjourned. Meeting was adjourned at JOkO5 p,m APPROVED BY RRA NTNG COMMISSION April 2., 1975 Reg Kroskin, Chairman Plymouth Planni:n Commission OLy Charles E. Dillerud', Secretary