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