HomeMy WebLinkAboutPlanning Commission Minutes 04-20-1977PLANNING COMMISSION
CITY OF PLYMOUTH, 14INNESOTA
April '20, 1977
A regular meeting of the Plymouth Planning Commission was called to order by Chairman' Davenport at 7.30 pm. in the Council Chambers of the Public 'Works Building,, 14900 --
23rd Avenue North
MEMBERS PRESENT, Chairman Davenport, Commissioners Erickson, Hagen,Hoyt, Schnt.ider
Stewart and Thr6 nen
STAFF PRESENT, fi!arles Dillerud, Kate Marx
OTHERS PRESENT,, Jenny Berg and Kris Grangaard, YAAC Representatives
A-2 S. J. Groves A-472 Preliminary & Final Plat
Staff presented petitioner's request for preliminary and final plat review by the
City foto the "Wellington Addition" located north of 36th Avenue North and west of
Union Terrace Lane. The plat was designed for 42 lots on 19.58 gross acres.
Commissioner Threinen asked. if Lots 1-6, Block 4 would be buildable lots considering
the topography of the area. Staff indicated that soil correction would be necessaryforthelotstobecomebuildable.
Commissioner Threinen also questioned why the pond was being made a part of the plat
in that it did not correspond to the requirements of the Storm Water Drainage Plan..
Staff explained that the petitioner was required to control storm, water run-off and
that this was his response to that requirement.
Chairmar. Davenport opened the public hearing to questions and comments from the audience.
Jan Morel, 10725* Union Terrace Way, asked if the project would be required to be
evaluated by an Environmental Assessment. Commission Hagen stated that the pond was
not considered a public body of water and, therefore, the plat woOld not be considered
in the "mandatory" category for an environmental assessment,
Merle S. Mark, 107Union Terrace Way, stated that it was his understanding that a
permit would be req -, from the State Department ,of Natural Resources to excavate
In areas deemed to b.. "wetlands". Staff stated that it had not yet been determined
if the property woulc f) considered "wetlands", however, if i;t was, the permit would
indeed be required,
Mr. Mark also questioned ,.hat type of homes would be built and the problem of water
pressure in the area. St6"f responded that the City could not dictate the type of
home to be built in 'the area, As to water pressure, Staff stated that potentially a
PLANNING COMMISSION MEETING MINUTES -2- April 20, 1977
collapse in the water main or line to the home had taken place, but that the project
would have no affect on this sort of problem,
Tim -Eo lt, 3800 Union Terrace Lane, stand that the property hart once been posted as
as nl refuge of some type, Staff responded that this was not done 1,y the "!' y
nor the other governmental agencies with jurisdiction in the area.. Had this been fact,
the property would not be allowed to be platted. Mr. Holt also ,asked. if the storm
water drainage would be directed toward and through their property* Staff responded
that the district dividing line for storm water drainage happened to be almost directly
aligned between the existing homes and the proposed plat. The storm water drainage
from this plat would not: affect the current property owners to the east,
James McMartin, 3740 Union Terrace Lane, asked if 38th Avenue Borth would 4ventually
be extended n an access 'to Zachary Lane. Staff explained that this may or may not
happen, that the outcome would be dependent on the platting of the property to the
west.,
Chairman Davenport closed the public hearing at 8:30 p.m
MOTION was made by Commissioner Schneider supported 'by Commissioner Stewart that the
Planning Commission act on this item at th7s meeting.
MOTION CARRIED (7-0-0) (All in favor) MOTIONCARRIED
The Commission discussed the project in terms of the petition being both for final and:
preliminary plat approval. Staff noted that the 'Zoning Ordinance didnotpreclude this
possibility of petitioning both preliminary and final plat review at the same time;
it would the developer taking the risk, not the City in a case like this.
Commissioner 'hreinen stated be still was concerned with the pond location in terms of
the buildability of the lots. He added that at final plat review, such a matter would
be resolved, therefore, he did not feel the plat could be reviewed as a final plat at
this time nor until' the ponding matter was resolved.,
MOTION was made by Commissioner Schneider supported by Commissioner Stewart that the
Planning Commission make the following recommendation to the City Council
That the request of Ss J. Groves for -preliminary plat and conditional use permit
approval for a Subdivision Unit Project for "Wellington Addition" located north
of 36th Avenue North and west of Union Terrace Lane for 4Z single family detached
dwelling units on 19.58, acres be approved subj ect to the following conditions:
1. Normal Subdivision Unit Project structure setbacks shall be maintained
except that no structure shall be placed.within 50 ft. of 3Qh Avenue
North,
2, The rear lot width of Lot 4, Block 3 and Lot 8, Block 4 shall be increased
to 30 ft.
3 Subdivision Unit Project Open Space and Public Open Space requirements shall
be dedication of the area labeled "park" ( to be re -labelled "Outlot A")
PLANNING COMMISSION MEETING MINUTES -3- April 20, 1977
and payment of fees-in-lieu orin kind improvements of $12,600 ($300 per
lot).
4. Development contract provisions for construction by the developer of an
8 ft. asphalt trail: within Outl of A and a 5 ft. con :rete sidewalk from
Outlof A southerly along the east side of Wellington lane to 36th Avenue
North.,
5, Development contract provisions prohibiting provate access to 36th Avenue
North.
6. Compliance with provisions of City Engineer's memorandum on this project.
FURTHER, that a variance from the provisions of Section 7, Subdivision 7, Paragraph 2e
oftheZoning Ordinance be recommended to allow payment of fees-in-lieu for 1.84±
acres of Subdivision Unit Protect Open Space deficit.,
MOTION TO AMEND was made by Commissioner Stewart, supported by Commissioner Erickson
that the following be added as condition #3: "Lot 17, Block 3-have private access
to 36th Avenue North only,"
MOTION TO AMEND CARRIED (7-0-0) (All in favor) MOTION TO AMEND CARRIED
The Commission then voted on the main motion as amended.
MOTION CARRIED (7--0-0); (All in favor) MOTION. CARRIED'
MOTION TO DEFER was made by Commissioner Hagen supported by Commissioner Schneider
the Commission consideration of "Wellington Addition" final plat until engineering
data could be obtained as to the suitability of location and size of -the pond for
storm water run-off had been determined.
MOTION TO DEFER CARRIED (7-0.0) (All in favor) MOTION TO DEFER CARRIED
Chairman Davenport declared ;i, five-minute recess at 8:55 p.m...; the meeting was
reconvened at 9:00 p,m.
FA-453 `Fty five Properties A-453 Conditional Use Permit
Staff presented petitioner's request for a conditional use permit for National Camera
Exchange,, a retail photographic tenant, to occupy 4,000 sq. ft. on the east end of
th- Wheel Center Building located at 11120 Highway 55. A recommendation for approval
j
i
PLANNING COMMISSION MEETING MINUTES -4_ April 20, 1977
was proposed subject to the conditions as 'listed in the Staff report of April 15>, 1977.
MOTION was made by Commissioner Erickson supported by Commissioner Stewart that the
Planning Commission make the following recommendation to the City Counci 1
That the request of Fifty-five Properties on behalf of ,National Camera Exchange
for a conditional use permit to operate a retail photographic business in 4,000
sq. ft. of the Wheel Center Building, 11120 Highway 55 be approved subject to
the following conditions.
1. Wall sign(s) shall not exceed Code requirements. No additional signs shall
be permitted.
2.. All waste and waste containers shall be within the structure,
MOTION CARRIED (7-0-0) (All in favor) MOTION CARRIED
A-719 Carol Neumann A-719 Conditional Use 'Permit
Staff presented petitioner's request for a conditional use permit for a home occupation
to sell art prints from her home at 16810-28th Avenue North.
The Commission discussed the reqviest as to its "service" nature and whether it i t
the intent of the home occupation definition of the Zoning Ordinance. Mr. L. M. Neumann
was present to answer questions on the operation as intended.
Commissioner Threinen stated that he did not feel it was a service oriented occupation
and, therefore, did not feel the intent of the ordinance had been followed.
MOTION was made by Com:"aissioner Threinen supported by Commissioner Erickson that the
Planning Commission make the following recommendation to the City Council;
That the _.request of Carol Neumann for a conditional use permit for a home occupa-
tion to sell art prints from her home be denied based onthe finding th-,It it is
not a "service" occupation as defined by the Zoning Ordinance for home occupation.
MOTION FAILED' (3-4-0) (Chairman Davenport, Commissioners Hagen, Hoyt and
Stewart against)
MOTION 'FAILED
MOTION was made by c,ommissioner Stewart supported by Commissioner .Hoyt that the
Planning Commission make the following recommendation to t14e City Council:
That the request of Carol Neumann for a conditional use permit for a home
PLANNING COMMISSION MEETING MINUTES -5 April 20, 1977'
occupation to sell art prints from her home located at 16810 -28th Avenue North
be approved subject to the following conditions
I Compliance with all restrictions of Section 4, Subdivision 2, of the Zoning
Ordinance with respect to home occupations.
2. On --street parking of customers shall be prohibited.
3. Permit shall be for one ;year.,
4. No signs shall be pernitted on the property.
MOTION CARRIED (4-3--0) (Commissioners Erickson, Schneider and Threinen against)
MOTION CARRIED
Commissioner Stewart stepped down for discussion of `the following item.;
A-614 Blue Jay Rental A-614 Conditional Use Permit
I
Staff presented petitioner's resubmitted request for a rental equipment busines3 to
be located in a vacant structure (Phillips 66 Stat i) at the northwest corner of
South Shore Drive and Highway 55. The request had been changed responsive to several
concerns of the Council at the time of the first review for the petition.
Mrs. Mary. Anderson, realtor, stated that her client had made an offer on the property
in question and had been assured that no other offers were pending. She questioned
how a person with no interest in the property, could be requesting a conditional use
permit as Mr. Jeffery Jasper was doing.
Commission and Staff discussed the situation in detail and the procedures of application
involved in conditional use permits
MOTION TO DEFER was made by Commissioner Hagen supported by Commissioner Schneider
until such time as it could be proven to the City that a petitioner for this property
had the permission of the owner to petition any use.
Commissioner Erirkson stated that he did not feel the petitioner had responded to
the most critical of the Council findings of the previous petition, i.e. "The proposed
use is not consistent with those uses Permitted and Permitted by Conditional Use Permit
in a 8-3 Zoning District". On that basis, he stated that ".)a felt the question of
correct and incorrect petitioners was moot.
Commissioner Hoyt stated that it was not the duty of the Planning Commission to be
involved in quarrels of this nature, and she, therefore, did not feel the Commission
should continue with discussion on this matter, rather, it should be deferred.
PLANNING COMMISSION MEETING MINUTES -6 April 20, 1977
MOTION CARRIED (4--2`-0) (Chairman Davenport and Commissioner Threinen against)
MOTION: CARRIED
The COMissioners against stated that they felt the petitioner had not responded
to the finding of the Council involving consistency of the use within the B-3 district; therefore, postponement of the petition would only involve additional time on the partoftheCommissionandStaff,
The Commission directed Staff to determine from the owners of the property who hadbeenauthorizedtopetitionanyusefortheland.
Commissioner Stewart returned to the table.
REPORTS ,01F OFFICERS, BOARDS AND COMMISSIONS
The Zoning Ordinance Committee reported that the changes proposed as of their last
meeting were now being typed in final draft form for adoption and review. The pro-
cedure would now be to hold a public hearing on the ,draft one more due to the substantialchangesmadebythecoTAi'ttee, and to then forward the draft to the Council.
Commissioner Threinen stated that the Committee had found several areas of concern not
addressed at the time of initial review of the ordinance which would be dealt with.
after adoption of the revised ordinance. These areas included an industrial plannedunitdevelopmentandotherswhichhadbeendiscussed, but for various reasons, notincludedinthedrafttodate.
M'EET'INGS FOR MAY, 1977
The mez:zings for May, 1977 were rescheduled for i4ay 11 and May 18 for the PlanningCommission.
MINUTES OF PLANNING COMMISSION MEETING APRIL. 6, 1977
mOTION was made by Commissioner Hagen supported by Commissioner Stewart that the minutzscftheApril6, 1977 Planning Commission meeting be approved as written.
MOTION CARRIED (6-0-1') (Commissioner Threinen abstained) MOTION CARRIED
PLANNING COMMISSION, MFETINC MINUTES -7_ Aril 20, 1977
MOTION. TO AWOURN was made by Commissioner Hagen supported by Commissioner Threfnen.
Chairman Davenpot, . adjourned the meeting at 10.35 p.m.
APPROVED BY PLANNING COMMISSION_ May 11 197
r
David J. Davenport, Chairman
Plymouth Planning Commission
C ar es E. Dillerud, Secretary