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HomeMy WebLinkAboutPlanning Commission Minutes 09-08-1976PLANNING COMMISSION, CITY OF PLYMOUTH, MINNESOTA September 8, 1976 A regular meeting of the Plymouth Panning Commission was called to order by ActingChairmanThreinenat7:80 p.m. in the Council Chambers of the Public Works Building, 14900 -23rd Avenue North MEMBERS PRESENT: Acting Chairman Threinen, Commissioners Davenport, Erickson, Schneider and Stewart MEMBERS ABSENT: Chairman Kroskin, Commissioner Hagen STAFF PRESENT- Charles Dil'lerud, Randy Thoreson and Kate Marx A-259 Jerome P, Begin A-259 Conditional Use permit Renewal Staff presented petitioner"s request fer a renewal of a conditional use permit for a sanitary landfill operation located at the southeast corner of I-494 and CountyRoad9. Staff recommended approval subject to the conditions as listed in the Staff` report of September 2, 1976. MOTION was made by Commissioner Davenport supported by Commissioner Sc'lneider that the Planning Commission make the following recommendation to the City Council: That the request of Jerome P. Begin for a conditional use permit renewal: for a sanitary landfill operation located at the southeast corner of I.-494 and County Road 9 be denied for the following reasons. 1, Non-compliance on the part of petitioner with the conditions of the resolution #75-415 as approved .by the City Council. 2, Recalcitrance on the part of petitioner with respect to, dealings with the City regarding this operation. 3. Non-cooperation on. the part of the petitioner to effect corrections to the problems with the operation upon notification by the City. During discussion following the motion, it was noted by several Commissioners that their observations of the landfill operation during the past year had noted garbage, no cover of the landfill, as required by the resolution and the County, at night and other matters of non-compliance with the City and County requirements for the land- fi11 operation. Acting Chairman Threinen stated that he felt the situationn was one w nerethe wouldpotentially leave a scar on the land should the permit be denied or where the City would have to continue to deal with an uncooperative petitioner with thehopethattete "scar" would eventually be removed.. He stated that he felt the approval PLANNING COMMISSION MEETING MINUTES -2- September 8 1976 of the permit and dealing with the petitioner, even though he was uncooperative, would be the best alternative for the City. Commissioner Stewart concurred with this point of view, also, stating that he fell from the point of view of the City overall, this would be the best solution, MOTION FAILED (2-3-0) (Acting Chairman Threinen, Commissioners Erickson, and Stewart against) MOTION FAILED MOTION was made; by Commissioner Erickson, supported by Ummissioner, Stewart that the Planning Commission make the following recommendation to the City Council:. That the request of Jerome P. Begin for a conditional use permit renewal for a sanitary landfilloperation to be located at the southeast corner of County Road 9 and I-494 be approved subject to the following conditions: 1 No garbage. 2. No burning. 3. Attendant during open hours, 4. Nightly covering with six inches of appropriate soil. S. No toxic wastes or sol4ents. That enforcement prosdures be implemented by the City-, County and Pollution Control Agency to insure that the conditions specified and the operation procedures called for are not violated. 7. That the permit expire on ,dune 20, 1977 and not be renewable thereafter. 5. No acceptance of wood materials or trees or paper products. 9 No removal of dirt from the site. MOTION TO AMEND was made by Acting Chairman Threinen supported by Commissioner Erickson to add the following.: "FURTHER., that petitioneer be served with notice that the land- fill operation at this location will be closed at the conclusion of this permit." Acting Chairman Threinen stated that his reasons for this amendment were as follows- There has been a tremendous amount of difficulty involved in policing the conditions as set forth by Council resolution #75-415 and all previous resolutions of approval by the Council; and 2) With the impending development of residences near this site, the site is no longer suitable as a landfill inasmuch as it is closed in by the develop- ing residential areas, MOTION TO AMEND CARRIED (5-0-0) (All in favor) MOTION TO AMEND CARRIED Voting then took place on the main motion as amended. PLANNING COMMISSION MEETING MINUTES September S, 1976 MOTION CARRIED (3--2-0) (Commissioners Davenport and Schneider against) MOTION CARRIED Commissioners 'Davenport and Schneider stated their reasons for voting against were that they felt this was inconsistent with previous Commission actions taken with respect to this issue and they did not believe petitioner had met the conditions as required by the conditional use permit. It was noted that the general consensus of the Commission was that the landfill operation had not been conducted in the proper manner. Commissioner Stewart stated that his vote in favor of the motion. was based on the fact that the landfill operation not be reneged after this permit, and further, that the best Interst of the City be taken into consideration.. A-506 Charles A. Robinson A-506 Conditional Use Permit Renewal Staff presented petitioner's request for a conditional use permit renewal for a home occupation to operate a transportaticr business (Minnetonka Transportation, Inc..) from his home. Staff recommended ap .al subject to the conditions as listed in the Staff ;report of September 3, 1971;. Discussion of the permit indicated that the intention of the Commission at the time of the original request was that petitioner be allowed to park two vans in his drive- way at any one time. The Commi'ssion's intent was that only one of the petitioner's two driveways be used for this purpose; also, petitioner was storing more than 10 vans on the site at, the present time. The general consensus of the Commission was that tho petitioner had developed his business to a point where it had outgrown his home and the intention, of a conditional use permit for a home occupation in the definition of the City. MOTION was made by Commissioner Schneider supported ,by Commissioner Erickson that the Planning Commission make the 'following recommendation to the City Council. That the request of Charles A. Robinson for a conditional use permit renewal for a home occupation of a transportation business (Minnetonka Transportation, Inc.) be denied based on the following findings; 1. There has been an apparent physical change in the nature and degree of the business in that petitioner now has ten vehicles on site. 2. Petitioner's home occupation no longer fits the definition of "home occupation" as per the City :Zoning Ordinance in that the use does create a traffic problem for the neighborhood', MOTION TO AMEND was made by Acting Chairman Threinen supported by Commissioner Schneider PLANNING COMMISSION MEETING MI U,`TES -4- September 8 1976 that the following be added as #3 "Noncompliance with condition #2 of Resolution #74465 passed by the Council September 30, 1974, i.e.. ".Petitioner refrain from parking more than two (2) 12 -passenger vehicles in his driveway at any one time.", MOTION TO AMEND CARRIED (5-0-0) (All in favor) MOTION TO AMEND CARRIED The Commissirn then voted on the main motion as amended. MOTION CARRIED (5-0-0) (All in favor) MOTION CARRIED A-186 little Peninsula A-186 Site Plan Amendment Staff presented petitioner's request for site plan amendment to the "Little Peninsula" housing project which included noticeable changes in the number of units, building design and location ,of buildings for the site. Staff recommended approval of the request subject to the conditions as listed in the Staff report of September 2, 1976_ The Commission discussed the change in the setbacks from theprevi,ous plans, which, by this proposal, would be increased. Also, density would be decreased from the previous plan from approximately 10 units per acre to 7.4 units per acre. Mr. Daniel T.. Ralicki, petitioner, stated that based on soil borings, the changes had become necessary to avoid costly construction on the bad soils. He asked the Commission if it would be possible to make any further changes if the future soil borings would so dictate. The Commission stated: to Mr. Ralicki that they felt there would be no problem conditioned on the fact that no variances be necessary, and that the final, plan have 6e administrative approval of City Staff prior to construction. The Commission, further discussed the setback and buffering between the proposed development and the land to the west which is zoned for Single Family Residential use. It was suggested that petitioner buffer the boundary between the two zoning districts by landscaping. MOTION was made by Commissioner Schneider supported by Commissioner Erickson that the Planning Commission make the following recommendation to the City Council: That the request ;f Medicine Lake Housing group for a site plan amendment to the Uttle Peninsula project be granted subject to the following conditions: 1. Petitioner pay to the Pari: Dedication Fund $24,300 for Phase I construction 150 X 162 units = $24,300). 2. Changes in the site plan as recommendod by the Fire Chief be incorporated. 3. Engineering comment$ ,oe incorporated as per Engineering memorandum of August 27, 1976. 4, There shall be no outside storage of watercraft. PLANNING COMMISSION MEETING MINTUES 5- September 8, 1976 S. No boat launching by motorized vehicles shall be allowed on the site. 6. All private streets within the project shall be 32 ft. in width and of9 ton capaciY, 7. A plan for the miti lation- of hazards to project tenants as a result of the adjacent railroad -track shall be .submitted to the Director of Planning and Community Development prior to building permit issuance. 8. The private road servicing the project at its intersection with County Road 154 shall contain such turning lanes as determined appropriate by the City Engineer and the Hennepin County Highway Department, 9. Any additional comments or requirements by the'EQC and/or Bassett Creek Flood Control Commission be incorporated. 10. That the site plan be forever limited to not more than one access point to Medicine Lake. Such singular access, point shall, contain a maximum of 25 mooring spaces for non -motorized craft only. ll Planning Staff be presented with a plan showing all final revisions to the site plan including building, location changes and parking setback locations and that said changes be done without the need for ans variances This is to be completed prior to City Council review of the project, 12. Petitioner is encouraged to provide an adequate amount of buffering to the west property line between the single family residences (and zoning) to the west and the project itself. MOTION CARRIED (5..0-0) (All in favor) MOTION CARRIED Staff pointed out to petitioner that it would be necessary thatt all re(?uired corrections and adjustments to the site plan amendment be made and on a final print prior to Staff taking the item to the City Council. A-94 _ P1 ymouth Center A-94 Final Plat Staff presented the City's request for final plat approval of Plymouth Center,_ Lot 1, Block 1, and recommended approval of the request as per the Staff report of September 3, 1975,, MOTION. was made by Commissioner Erickson supported .by Commissioner Stewart that the f Planning Commission make the following rec:imilendation to the City Council; That the final plat of Plymouth Center, consisting of the right-of-ways for Niagara Lane., 34th Avenue North and 32nd Avenue North, one lot and three outlots be approved. PLANNING: COMMISSION MEETING MINUTES -6- September 8, 1976 MOTION CARRIED (5-0-0) (All in favor) MOTION CARRIED Commissioner Erickson stated that it was his intent by the motion that Staff use its best judgment as to the dimensions of Lot 1, Block 1 Plti't.t`b Center which .need to be reflecte6 on the hardshells of this final plat due ti ,. necessary corrections required by the U. S. Postal Service site design. A-94 U. S. Postal Service.A-94 Site Utilizativn Plan Staff presented petitioner's request for site plan review by the City. It was stated that landscaping and sign plans would be forthcoming for Planning Commission and Council review. Staff recommended approval of the request subject to the conditions as listed in the Staff report of September 3, 1976. The Commission expressed concern for the traffic circulation on the public streets, particularly the Niagara Lane-34th Avenue North intersection. Stacking distance, turning lanes, access to Niagara Lane at its full thoroughfare status, access-egress to the drop-off mail boxes and other m-',ers were all discussed with respect to traffic. MOTION TO DEFER was made by Commissioner Davenport supported by Commissioner Stewart until such time as. Staff could retain outside traffic consultant evaluations with respect to the traffic circulation with the proposed U., S. Postal Service sits}. MOTION TO DEFER CARRIED (5-0-0) (All in favors MOTION TO DEFER CARRIED I. i i Minutes of the Planning Commission Meeting of August 25, 1975` f MOTION TO DEFER was made by Commissioner Stt-art supported by Commissioner Schneider review of said minutes until the following meeting.. MOTION TO DEFER CARRIED (5-0-0) (All in favor) MOTION TO DEFER CARRIED MOTION TO ADJOURN was made by Commissioner Stewart support. d by Commissioner Schneider. Acting Chairman Threinzan adjourned the meeting at 9:15 p.m. APPROVED BY PLMNING COMMISSIONSeptember 221, 1976_____ Reg Kroskin Chairman Plymouth Planning Commission yar es D1 Merud, Secretar