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HomeMy WebLinkAboutPlanning Commission Minutes 08-20-1975PLANNING COMMISSIOfi CITY OF PLYMOUTH, MINNESOTA August 20, 1975 A regular meeting of the Plymouth Planning Commission was called. to order by Chairman Kroskin at 7:30 p.m, in the C-avncil Chambers of the Public Works Building, 14900 -23rd Avenue North. 14EMBERS PRESENT: Chairman Kroskin, Commissioners Threinen, Stewart, Hagen., Davenport, Schneider and Erickson MEMBERS ABSENT; None STAFF PRESENT: Charles Dillerud, Milt ,dale and Kate Marx Chairman Kroskin opened the Public Hearing at 7.30 pm. Goals .and Policies for Proposed Trails System Plan Staff explained that the Parks and Recreation Advisory Commission had reviewed the document outlining the goals and policies for the proposed trails system at two meetings and was now recommending Planning Commission review and positive recommendation to the City Council. Several changes were made to page 20 of the document as a result of this review. The changes were distributed to the Commission members, Comrissioners expressed concern over the first 14 pages: of the document with respect: to City vs. Metro Council vs. County vs State priorities for such a trail system. Staff explained that these pages were intended as reference material only, relating the proposed trail system plan to those surrounding it and controlled by other agencies. Commissioner Stewart- stated his concern for the appavent lack of accommo- dation of users of motorized vehicles. lie noted that trails and access to them should be available to all user groups. He stated that he folt a statement of linear alternatives for motorized vehicles ought to be expressed in the document.. Several Commissioners also expressed concern for the liability of adjacent property owners on the trails. Staff was asked to consult the City Attorney with respect to this question. Commissioner Threinen raisedthe question of "controlled accesses" and just how controlled such access can be. Staff responded that, just as with easements, it was also possible to purchase access rights to property:. This also protects property owners with land adjacent to the trails as per their liability in situations of accidents, etc. PLANNING COMMISSION MEETING MINUTES y2'- August 20, 1975 Chairman Kroskin. asked if there had been any thought given to the interim trail arses and satisfaction of these needs. The Park. Commission members responded that there had not. Ken Strom, a citizen of Plymouth, expressed concern for the min -bike riders and asked that they not be ignored in the: proposed; trail system plan; Floyd Olson, a citizen of Plymouth, stated his concern for motorized vehicles, also, He suggested licensing of 'these riders and possibly scheduled usage of the trails to effect "mul ti --use" trails. Kurt Whittier, a citizen of Plymouth, also stated his concern for the users of motorized vehicles. He stated that he felt that at this time they had been ignored but shouldnot be in the proposed trails system plan. Right now, .any mini -bike rider is considered a trespasser wherever they may go because there ere na trails available for their use Commissioner Stewart stated that policing of motorized vehicles, in itself-, presented a maor problem for the enforcement element of the trails system. Now would a police officer in a patrol car gain access to a trail where a snomoo,Eer was 'trespassing in artier to terminate the illegal activity? He states that he felt this matter should be given a high priority. Coyffaissioner Hagen stated that the idea of "defensible space" ought to be carried forward in the design of the trails system. Chairman Kroskin closed the Public Nearing at $50 p.m. The Commission decl.ded to delay any action or. this item until the end of the meeting. A-631 Carol Yl entad A-63.1 Conditional Use Permit Staff presented petitioner's request to continue her nursery school opera- tion in her home. Staff recommended denial os the request based on the opinion that this would be an expansion of her present operation, The present operation is a non -conforming use; however, since it was in operation before tine zoning ordinance went into effect, it has been allowed to remain at status quo over the past years. Petitioner explained that her original license with the State of Minnesota was granted for the operation she intends.. As far as City approval, this was granted to her verbally by Mr, fl T. Johnson, Village Clerk in 1964. Through questioning and discussion with the petitioner, it was determined that petitioner's intended operation would not be an extension or expansion PLANNING COMMISSION MEETING MINUTES _3.. August 20, 1975 of her present operation and/or conditional use permit, btlt simply a renewalonaformalbasis, as opposed to the verbal informal conditional use ,permit of 1964, of her intended operation. POTION was made by Commissioner Threi en supported by Commissioner Davenport that the Planning Commission make the following recommendation to the CityCouncil. That, the request of Carol Ha Folkestad for a conditional use permit to operate a day care center in her home as she ,has for the past ten years, be approved. It was understood that this motion was being Linde to formalize what opera- tion is already in existence at her residence. The Commission requested petitioner to provide Staff with a short summary of what she, does so there would be no further confusion in the future as to the extent of her operation. Petitioner responded that she would do so as soon as possible. MOTION TO AMEND was made by Commissioner Davenport supported by Commissioner Threi nen that the condi ti onal use permit be subject to the additional follow - Ing conditions; 1 No outdoor sign be permitted, 2. Permit be granted for one year and be subject to annual review. 3. All applicable fire codes be complied with,. 4. Conditional on the approval and/or certification of petitioner's day care center by any appropriate State and/or County agencies. 5. Parents be required to accompany children to and from the class- room. MOTION TO AMEND CPARIED (7-0-0) (All in favor) MOTION TO AMEND CARRIED Voting then took place on the main motion as amended:. MOTION CARRIED (7-0-0) (All in favor) MOTION CARRIED Prior to discuss -on of the following item, Commissioner Davenport stepped down from the table due to his prior business relationship with petitioner. fist Clarence A., 0ansson A-6TZ Conditional Use Permit Staff presented petitioner's request to continue a truck delivery service PLANNING COMMISSION MEETING MINUTES -4- August 20, 1975 from his residence at the southeast corner of Highway 101 and 13th Avenue North, Based on findings outlined in the Staff report of August 15, 1975, Staff recommended denial of the request based on Its non-conformance with an R-1 district and the express prohibition by Ordinance 69-14 of parkingofvehiclesover41, -tons on residential streets. Staff further reported that in checking with the neighbors, none of them were against the operation of the delivery service, with the exception of , the person bringing the service to the attention of Staff. Petitioner stated that his company had found a suitable location for storage of the larger trucks. MOTION was made by Commissioner Hagen supported by Commissioner Stewart that the Planning Commission make the following recommendation to the: CityCouncil: That the request of Clarence A. Jansson for a conditional use to operate a truck delivery service from his residence at 1250 Highway 101 be denied for the following reasons: a The operation of a truck delivery service in a residential district is not, by definition, a home, occupation as defined by the City's Zoning Ordinance. 2, The parking of vehicles over 4-1, tons (gross weight) is expressly prohibited by Ordinance 69-14. The Commission explained to Mr. Jansson that should he desire to maintain a portion of his present delivery service at his home, he should consult with Staff with respect to conditions, etc.. that would be necessary for compliance with the City's Zoning Ordinance, MOTION QARR ED (6-0-0) (All in favor) MOTION CARRIED Commissioner Davenport returned to the table A{-628 Ralph R. Sar A-628 Conditional Use Permit Staff explained petitioner`s request for a conditional use permit to operate a wholesale business out of his residence, It was noted to the Commission That this item had been deferred from the meeting of August 6, 1,975 until the owners/managers of the apartment complex in which Mr. Sahr resides could be contacted as to their feelings about his operation. Staff presented a letter received from the may agers of the apartment complex stating that they had no objection to petitioner's intended; operation. MOTI014 was made by Chairman Kroskin, supported by Commissioner Erickson that the Planning Commission make the following recommendation to the City Council: PLAN14ING COMMISSION MEETING MINUTES -5- August 20, 1975 I That the request of Ralph. R. Sahr fog^ a condi tonal use permit to operate a wholesale business from his residenci be approved subject ohe 11tfollowing conditions: g n it7,ons. , I. No signs. 2. No deliveries of products to petitioner's home address 3. Permit will be renewable on an annual basis and/or in the event of petitioner's :change of location, BION CARRIED (All in favor) MOTION CARRIED A-267 James . R. Hart A-267 Lot Division Staff presented petitioner's request for a lot division of property at the southwest corner of Wedgewood Lane (Plymouth Road) and'1st Avenue North., Staff also presented the lengthy and complex history behind the land in question. Corimissioner Hagen asked petitioner why a standard subdivision was not the approach used here rather than a subdivision variance. Planner Dillerud explained that he had advised petitioner to take the subdivision variance route based on factors of time to be spent by Staff, dedications necessary, etc. for the piece of land involved.. It was his decision that the: amount of time necessary for Staff reports was not that involved as with a standard subdivision in this case, MOTION was made by Commissioner Threinen supported by Commissioner Erickson that the Planning Commission make the following reccvendation to the CityCouncil That the July 15, 175 petition of James R. i{art fora subdivision vari- ance of Lots- 23 and 24, "Green's Orchard Tract be approved with the following modifications, conditions and variances: 1 Parcels E and F be combined with Parcel 0. 2. A 20 foot street easement be conveyed along First Avenue North, 3., Storm drainage easements be conveyed for all lands below elevation 998 feet, 4The Building Official be directed` to insure joint access to PlymouthRoad from -1arcelS A and B. 5. A variance be granted on the frontage of Parcels A and B from 110 feet to 103.50 feet. o. Park dedication: of $450 as fees -in -lieu be remitted. (Three new lots X $150.00 per lot.) 0 0 PLANNING COMMISSION 145ETING MINUTES -6- Auqbst 20, 1975 MOTION CARRIED (7-0-0) (All in favpr) MKIIIN CARRIED Commissiorer Hagen was excused form the meeting before discussion of the follow- inq item. ' The Commission, at this point, continued their discussion of the proposed Plymouth Trails System Plan. MOTION was made by Commissioner Threinen supported by Commissioner Erickson that the Planning Commission recommend to the City Council approval of the Proposed Plymouth Trails System Plan Goals and Policies subject to the following comments and modifications: 1. On page 14 of the document under General Considerations, Goals 3, the word "consistent" shculdbe -.hangedto 17c—oo—R`inated". 2. On page 14 of the document under General Considerations, Goals, k2, low operational costs should be given a higher priority. 3. On page 16 of the document under Functional Considerations, Policies, #1, a major emphasis should be placed on ca—trails of "multiple use where feasible". 4. On page 17 of the document under Functional Considerations, Policies, #68 linear alternatives sfiould also be EonsiTe—red for the special users of the trails system. 5. On page 17 of the document under Design Considerations, Goals, W6, this goal should receive priority i1r, the planning -of the tr.ils system i.e. "the trail system should be closely integrated into emerging major activity centers, new large scale developments and complementary public areas." 6. On page 19 of the document undiL;r Maintenance Considerations D 1, 4 .9 *1 1 n V - il;z VV -3 U VZ WOVUI"g 0UgnL to be used rather than the negative wording present with respect to the "high ri.,,intenance liability users"-. 7. On revised page 20 of the document under Welfare, Safety and Security Considerations, Policies, #30 the —concern should be f" -T n desIgn for policing i.e, "defensible space" s,hould be used at all times for such facilities. MOTION 'CARRIED (6-0-0)(All in favor) MOTION CARRIED PLANNING COMMISSION MEETING MINUTES -7- August 20, 1975 Reports of Officers, Boards and Commissions Staff reported to the Commission recent Council actions on items that: had been before the Commission at previous meetings. With respect. to Boyd E. Wileman, it had been brought to the attention of the Staff that stir. Wileman was not, in fact, the owner of the truck which housed his equipment. Several of the Commissioners stated: that had theyknownthisfact, their voting on the issue would have been different. MOTION was made by Commissioner Stewart supported by Commissioner Erickson that the Planning Commission officially notice the City Council as follows: That since the Planning Commission consideration of the request of Boyd E. Wileman at the Commission's August 6, 1975 meeting, new informa- tion of a material nature had been made available which would definitelyhaveprejudicedthevoteoftheCommissioners; i.e. Mr. Wileman is not the owner of the truck which houses his equipment. In fact, the owner of the vehicle is the company for which Mr. Wileman .does most of hic work. MOTION CARRIED (6-0-0) (All in favor) MOTION CARRIED Minutes of the Planning Commission Meeting of August 6, 1975 It was noted that Chairman Kroskin had voted against the motion in favor of Mr. Wileman's request, MOTION was made by Commissioner Stewart supported by Chairman Kroskin to approve the miinutes of the Planning Commission meeting of August 6, 1975 as amended. MOTION, CARRIED (3-0-3) (Commissioners Threinen, Schneider and Davenport abstained) MOTION CARRIED MOTION was made by Convoissioner S twart supported by Commissioner Erickson that the meeting be adjourned. Chairman Kroskin adjournedthe m.;,ing at 1C: ` p.m. APPROVED BY PLANNING COMMISSION September 3, 1975 Reg Kroskin, Chairman P1 mouth Plan i n ,Commi ss on ,,