HomeMy WebLinkAboutPlanning Commission Minutes 05-11-1977PLANNING COMMISSION
CITY OF PLYMOUTH, MINNESOTA
May 11 1977
A regular meeting of the 'Plymouth P'Tanning Commission was called to order by Chairman
Davenport at 7..30 p.m, in the Council Chambers of the PuLAic Works Building, 14900-
23rd Avenue North,
MEMBERS PRESENT; Chairman Davenport, Commissioners Erickson., H , 1`oyt, Schneider
and Threinen
MEMBERS ABSENT: Commissioner Stewart
STAFF PRESENT; Charles Di leruct and Kate Marx
OTHERS PRESENT. Jenny Berg and Kris Grangaard, YAAC Representatives
A-723 Joii A Miller A-723 Conditional Use Permit
for Subdivision unit
Project, Preliminary Pat
and Rezonin
Staff indicated that, after publication of the public hearing, petitioner requested
his project be withdrawn from the agenda at this time. All surrounding property owners_
had been notified by mail of the situation; they would be re -notified by Staff at
such time as Mr. Miller requested a hearing on his project again.
MOTION r?CONTINUE was made by Commissioner Threinen supported by Commissioner Scnneider
the public hearing on the John A. Miller Addition until such time as petitioner would
notify Staff of his intention for preliminary plat and rezoning review by the City,
MOTION TO CONTINUE CARRIED (6-0-0) (All in favor) MOTION TO CONTINUE CARRIED
A-148'.` . Arnold Leonard A-148 Conditional Use Permit
for Community Unit Project
Staff presented petitioner's request for City review of a conditional use permit for
a Conmtiunity Unit Project.: Petitioner's project consisted of 15 duplex units located
east of South Shore Drive at 12th Avenue North (extended). A recommendation for
approval was proposed subject to the conditions of the Staff report of May 5, 1977.
i
Commissioner Threinen questioned whether by Section 10, Subdivision 8, paragraphs 2c
and 2d, petitionea could propose such a project with a private sewer system, ie
the lift -station proposed on-site, The Ordinance specifically states that such. pro--
iects shall be onnected to public sewer and water for the safety, health and convenience
PLANNING COMMISSION MEETING MINUTES -2- May 11, 14077
of its residents:, He added that lift -stations such as the one proposed were no more
reliablethan a private septic system,
Commissioner Threinen asked if petitioner's streets were proposed to be built to City
specifications. Staff responded that they were.
It was also pointed out by Commissioner Threinen that the South Shore Drive/loth
Avenue North traffic situation was a problem, and this project would add to and
suffer from the: present traffic situation at that intersection, He stated that it
was the responsibility of the City's boards and commissions to see that the Goals.,
Objecti,es and Criteria of the City are fulfilled, as in this case with the safety
hazard of the traffic in the area.
Mr. Colin Samuelson, petitioner's engineer, stated that during; construction, it
was planned that excavation would take place to remove the peat in the area and that
it would be replaced with 95% granular fill. Commissioner Threinen asked if it
could be graded high enough to allow a gravity feed system for sewer to be feasible..
Mr. Sameulson stated that this would be possible;
Commissioner Threinen stated that the provisions of the Zoning Ordinance for a Conditional
Use Permit indica°ted that the maintenance and conducting of the use should not in; any
circomstances be detrimental to the health, safety, comfort, convenience or welfare
of persons residing or working in the area adjacent to said use, and that, given the
perameters of the Zoning Ordinance provisions for the conditional use permit for a
Community Unit Project, he felt it would be mandatory for the project to be connected
to public sewer by gravity.
MOTION was made by Commissioner Threinen supported by Commissioner Erickson that the
Planning Commission make the following recommendation to the City Council:
That the request of Dr. Arnold Leonard for a conditional use permit for a Cor
munity Unit Project for 15 duplex units to be located on 5,2 acres east of
of South Shore Drive at 12th Avenue North (extended) be approved subject. to the
following Conditions:
1. Site plan approval consistent with Section 17, Subdivision 3, paragraph 3
of the zoning Ordinance.
2. Dedication of right -of --way by easement to e total of 40 ft. from centerline
of South Shore Drive,
3. Execution of a development contract with the City providing for construction
of utiliti-es and private street to City specifications.
4. Payment of cash fees -in -lieu Park Dedication fee equal to 2Qa of the Assessor's
fair market value for the parcel at the date of development contract execution
by the City.
5. Recorded land covenant prohibiting sale of individual duplex structures.
G. Should the development contract not be executed;, all fees paid and construction
commenced by May 1, 1978,.,the conditional use permit for the Community Unit
Project shall expire.
PLANNING COW41SSION MEETING MINUTES -3- May 11 1977'
7. Said conditionaluse permit for a Community Unit Project shall be granted
on the basis that the land shall be brought to the grade necessary in order
for gr=ivi ty flow sewers to be feasible.:
Further, that variances ,rom provisions of the Zoning Ordinance be approved as follows.
1. From Section 10 Subdivision 5, paragraph 4a, to allow 25 ft minimum°rear
yard.
2.. From Section 10, Subdivision 8, paragraph 2e to allow fees-in-lieu sub
stitution for public/private open space.
Commissioner Threinen stated that his intent by condition #7 was to have the project
comply with Section 20, Subdivision 2, paragraph 1, procedures for granting conditional
use p4rmits. The private lift station would not comply with said provisions.
MOTION CARRIED (6-0-0) (All in favor) MOTION CARRIED
MOTION was made by Commissioner Threinen supported' by Commissioner Erickson that.
the Planning Commission make the following recommendation to the City Council
That the request of Or. Arnold Leonard for site; plan approval of his Community
Unit Project for 15 duplex_onits on 5,2 acres located east of South Shore Dirve
at 12th Avenue North(extended)be approved subject to the following' conditions.
1. Compliance with the conditions of the conditional use permit for the Com-
munity Unit Project for the site.
2. Compliance with the provisions of the City Engineer's, memorandum. regarding
this project.
3. Submission of an amended landscape plan for Planning Commission approval of
species type and size prior to building permit issuance.
4. Removal of all diseased elm trees,
5. Removal of all existing structures on tt'e site prior to building permit
issuance.
S. Bonding for private improvements per Ordinance requirements not to exceedI24months,
7. Compliance with requirements of Bassett Creek. Watershed Commission,
Further, that the City Council consider the upgrading of South Shore Drive and 10th
AvenueNorth in conjunction with said conditional use permit for a Community Unit Pro-
ject in such C. manner as to preclude traffic problems in the vicini.,"y within the City's
Five-Year Capital Improvements Program.
MOTION CARRIED (6-0-0) (All in favor) MOTION CARRIED
PLANNING C", ISSION MEETING MINUTES -4- May 11, 1977
A7Lib b ` s A-:76 Site Elan Expansion
Staff presented petitioner' s request for a site plan expansion for the doubling of
the present convenience store and liquor store building located in the northeast
quadrant of Bass Lake Road and Hemlock lane. Of basic consideration was the possi-
bility of expansion at all with respect to Council Policy Reso3ution #75-,664 dealing;
with expansion and growth not being allowed in the non--sewered areas of the City.
Certain findings needed to be made in order, to waive said policy.
Chairman Davenport stated that with: the landscaping of this site now before the Com-
mission and Council for review, it vmul d be a perfect opportunity for this area of
the City to be beautified..
In support of the expansion, Mr. Jack Haverly, Oakwood Builders, representing peti--
tioner, stated that no additional plumbing would be required for the dditior.'to the
present structure, therefore, no additional sewer capacity would be required.
Commissioner Threinen pointed out that the parking, as presently proposed, did not
fit Ordinance requirements. Redesign of the site would be necessary for the site to
be in compliance.
The Commission discussed the site as it would be affected by the realignment of Bass
Take Road planned for the future.
Mr. Dave Paubas 11615 -53rd Arenue North, representing the Bass Lake Improvement Associa-
tion, stated that the homeowners in the area were in no way opposed to the expansion
of the Libby's site. however, they were concerned with the frequency of motor vehicle
accidents in that area of Cass lake Roach. He stated that the Association would like
this matter taken into consideration as the site was reviewed and as the City review
of Bass Lake Road alignment would come about,
MOTION TO DEFER was made by Commissioner Threinen supported by Commissioner Erickson
action on the site plan expansion for Libby's convenience store znd liquor store until
such time as the parking for the site would be redeisgned to conform with Zoning
Ordinance requirements as to setback in relation to the additional required right -of -
way -for Bass Lake Road,
Commissioner Schneider question,.d whether it could be determined if the sewer system,
as presently installed, was functioning as required.
MOTION TO AMEND was made by Commissioner Hoyt supported by Commissioner Threinen that
at the sane time as the redesigned parking for the site would be brought before the
Commission for review, an amended landscape plan also be presented by petitioner.
MOTION' TO AMEND CARRIED (6-0-0) (All in favor) MOTION TO AMEND CARRIED
MOTION TO :AMEND was made by Commissioner Schneider supported by Commissioner Erickson
that hat 4 th time as the redesined at k for sitegpnghe e and landscape plan would
be brought before the Commission for review, proof of the proper functioning of the
present sewer -system also be presented by petitioner in order for the Commission to
recommend waiving of Council Policy Resolution #75-664.
J
l _
PLANNING COMMISSION MEETING 14INUTES -5- May 11, 1977
0 DMOTIONTOAMEND CARRI>~D6--0-0aAllt1 n favor) MOTION TO AMEND CARRIED
The Commission then voted on the main motion as twice- amended.
MOTION TO DEFER CARRIED (64-Q) (All in favor) MOTION TO DEFER CARRIED
A-727 Denesen Insul ati on A-- 727 and,
A-728 Empro Corporation A-728 Site Plans and Lot Division
Staff reviewed petitioners' requests for site plan approval of two industrial build-
ings to be located at the northeast corner of 27th and 28th Avenues North. A lot
division was also proposed to produce the two sites.
MOTION was made. by Commissioner Hagen supported by Gbmmissioenr Threinen that the
Planning Commission make the following recommendation to the City Council:
That the request of fmpro Corporation for site plan approval ofits building
to be located at the northeast corner of 27th and 28th Avenues North for a
43,848 sq. ft. warehouse/distribution structure by plans dated April 20 1977
be approved for Parcel A of Lot 6, Block 1, Circle Star Business Center Second
Addition subject to the following conditions:
1. Adjustment of structure location 15 ft. westerly to provide a 20 ft. rear
setback.
2. Compliance withwith provisions of the City Engineer's report regarding this
project.
3. Prohibition of outside storage of waste, waste containers, products,
materials and company vehicles.
4. Performance security per ordinance requirements for an 18 -month term.
5. Two additional trees, 21a- inch cal ipher balledand burl tipped be planted as
landscape treatment within the front setback.
6. Payment of $1,265 Park Dedication fees -in -lieu.
The Commission expressed concern that the landscape plan for thn site was inadequate.
Mr. Dick Anderson, representing petitioner, stated that the sym)ols on the site plan.
each represented more than one tree, not merely one as the Commission and Staff had
thought
MOTION TO AMEND was made by Commissioner Schneider supported by Commiss•ioner Threinen
to change cors-11tion 45 to read "Twenty trees be planted on 4.f _sine as the landscape
l
PLANNING COMMISSION MEETING MIVUES -6- May 11, 1977
plan. for Empro Corporation to be Green Ash, 2z inch cal i pher balled and burl a japed. rx
MOTION, TO ;AMEND CARRIED (6-0-0) (All In favor) MOTION TO AMEND CARRIED
The Commission then voted on the main motion as amended.
MOTION CARRIED (6-0-0`) (All in favor) MOTION CARRIED
MOTION was made by Commissioner Threa'nen supported by Coimmissi rner Schneider that
the Planning Commission make the following recommendation to the City Council,
That the request of 0enesen Insulation for site plan approval of its building to
be located at the northeast corner of 27th and 28th: Avenues North to be 29,170
sq, ft. as per plans datedApril 20, 1977 for warehouse/distribution purposes,
and a conditional use permit for said use be approved subject to the: following
onditions
1< Compliance with provisions of the City Engineer`s memorandum regarding this
project,
2. Prohibition of outside storage of waste, waste containers, products, materials
and company vehicles.
0.' Performance- security per Ordinance requirements for an 18 -month term.
4. 40 Green Ash trees to be located in the two front yard setbacks along
27th and 28th Avenues North, Vi inch calipher balled and burlapped..
5. Payment of $925 Park Dedication fees -in -lieu,
MOTION CARRIED (6_0-0) (All in favor) MOTION CARRIED
Chairman Davenport declared a five-minute recess at 9:15 p.m. the meeting was j
reconvened at 9:20 p.m.
I
1
A-196 Cimarron Ponds West A-196 Revised Concept Plan
I
Staff presented petitioner's revised concept plan for RPUD 77-2 a?r Planning Commission
review. As per Commission recommendation, the density had been lowered to 65 units
for the entire project, with clustering of the high-density near the southeast portion
of the project and access for the high-density portion through the Cimai$-on Ponds project
to the east. A recommendation :for approval was proposed: subject to the cooditions as
listed in the Staff report of May 6, 1977,
PLANNING COMMISSIONMEETING MINUTES _7_ May 11, 1977
Commissioner Erickson stated that he did not feel the project complied with the intent
of the Commission recommendation in that the number of LA -3 units had been increased
from the Commission suggested 25-28 to. 36
Commissioner Threinen asked petitioner how he intended to control the emergency access
proposed to 13th Avenue North., Mr. Rich Sathre, petitioner's engineer, stated that
the problem would be dealt with at the time of preliminary plat but that presently, no
solid solution had been found:
Commissioner Schneider asked if it was possible to make the proposed access for the
LA -3 units a mo.^e direct route to the east. Petitioner, Richard Neslund, stated that
the units of the area directly east had all been sold and that it would not now be:
possible to change the access.
Commissioner Schneider also questioned the average lot size of the single family
residential lots to the west and north portions of the project. Mr. Sathre indicated
the average was approximately 1.7,000 sq. ft. for those lots fronting Dunkirk Lane.
Jim Hembre, 16740 -14th Avenue North asked how the lot sizes of the proposed single
familycompared with those of conventional platting. Staff indicated that the lots
were approximately 1,000 sq. ft. smaller in area.
Helen Johnson, 1225 Dunkirk Lane, stated that she was still concerned with the pr000sed
density of the project given the density of the surrounding area to the south and west
of the project. Also, she quest:cn.,W why the multiple dwellings w,",u1 d be allowed to
be located in the creek. Mr. Sathre responded that the density was at a point which
had been determined by the Conr:ission and City Council at previous ",a'eRings, i.e. 65
units. As to the creek, it had ,,.)t been determined by the State Desarl:t ent of Natural
Resources (DNR) that the body o water was actually a creek as ,opposed to merely a
drainage way for the area. 1,he UNR would be requir€d to make that determination in
the near future and also to determine how and where the creek/drainage area could .be
moved;
Brian Knox, 1680E -12th Avenue North, asked if it would be necessary to extend Dunkirk
Lane any further because of the project. Mr. Sathre responded that it would not be.
Necessary,
Tom hose,1.6925--13th Avenue North stated that he did not feel the intent and direction
ofd uncil was being followed by ttie petitioner or the Commission. The Commission
responded that they had the Council minutes before them wherein the Council direction
was spelled out. Commissioner Threinen added that he wasawarethat several councilmen
had been out in the neighborhood and had responded to the neighboring residents regard-
ing their questions; however, their form -al action consisted of what was before the
Commission iia the form of minutes from the meeting where the Council reviewed the pro-
posal.
Chairman Davenport stated that he was satisfied with the proposal for the single family
dwellings ap-o:posed;, however, he did not feel the petitioner had responded to the
recommendation of tie Commission with respect to the LA -3 high -medium density area.
MOTION was made l)y Commissioner Threinen supported by Commissioner Erickson that the
Planning, Commission make the following recommendation to the City Council':
1
J
PLANNING COMMISSION MEETING MINUTES rg. May 11, 1.077
That the request of Centurion Company for concept plan approval of RPUD77-2
for Cimarron Ponds West be granted based on plans dated April 29, 1977 subject
to the following conditions:
1. Redesign of the project in such; a mariner that no multiple dwelling shall
encroach upon the current and existing creek bed/draartage, way of the plat
below elevation 947 ft., the high water mark for Gleason take --should this
require a decrease in the LA -,3 proposed unit type and density, then such
decrease shall be required and part of the preliminary plan and preliminary
plat proposal.
2. Preparation and submission of the required Environmental' Assessment Work-
sheet.
The Commission discussed the motion in detail:
MOTION CARRIED (
05-
1-0) (Commissioner Hagen against) MOTION CARRIED
Counissioner Hagen stated 1e was against the motion as he considered it necessary for
the DNR to determine if the 947 ft elevation was the critical point at which dwelling
units should no longer be constructed,
I
A-404 Lee Allen Auto A-404 Site Plan
Staff presented petitioner's request for site plan review by the. City for a proposed
used car sales operation to be located in the vacated Shell gas station located at the
northwest corner of Highway 55 and West Medicine Lake Drive. Staff proposed several
conditions of a major nature involving setbacks for parking should the Commission
desire to make a recommendation for approval:
Commissioner Threinen pointed out that during previous actions concerning this site,
it had been the concern of the Commission and the Council that traffic be controlled
and a buffer zone maintained from the existing residential area. He added that he
did not see provision for either of these twocontrolsin the proposed site plan.
Mr. and Mrs. Rogers, 1029 West Medicine Lake Drive, 'the closes adjacent residential
neighbors to the Site, stated their objection to the proposed expansion of the site use.
MOTION was made by Commissioner Threi'nen supported by Commissioner Erickson that the
Planning Commission make the following reooirnendation to the City Council.
That the request of Lee Allen Auto for site plan approval of a proposed used
car sales operation to be located at the northwest corner of West Medicine Lake
Drive and Highway 55 be denied based on the following finding
Section 20, Sub:livision 2, paragraph 1 under conditional use permits, said opera-
tion Mould jeopardize the value of adjacent properties to the use proposed.
Further, that the location of the proposed sign would' violate the 20 ft. setback
provision of thy:: Zoning Ordinance.
PLANNING COMMISSION MEETING MINUTES -g- May 11, 1977
MOTION CARRIED (5-0-0) (All in favor) MOTION CARRIED
A 725 Vernon Kreatz A-7Z5 Conditional Use Permit
Staff presented petitioner's request for a conditional use: permit fora home occupa-
tion to mare and sell hared cream from the basement of his home. If said use was found
to fit the requirements of the Zoning Ordinance, several conditions, as per the Staff
report of May 5, 1977, were proposed to be required of the petitioner.
The Commission discussed the nature of petitioner's business with petitioner in detail,
Petitioner stated his customers were largely wholesale.
MOTION was made b{ Commissioner Hagen supported by CommissionerErickson that the
Planning Commission make the fallowing recommendation to the City Councils
That 'the request of Vernon Kreatz for a conditional use permit for a home occupa-
tion to make and sell handcream from the basement of his home be approved subject
to the following conditions:
1' , Permit be -dor one year.
2 Approval of turpentine and chemick0 storage by Fire Marshall
3. Compliance with all constraints of the "Horne Occupation" definition.
4. No signs be permitted,.
MOTION TO AMEND was trade by Commissioner Schneider supported by Commissioner Erickson
to add the following condition; #5.. "No retail sales be allowed from the petitioner's
home,
MOTION TO AMEND CARRIED (5-0_1) (Commissioner Threinen abstained)
MOTION TO AMEND CARRIED
The Commission then. voted on the main motion as amended.
MOTION CARRIED (4-2-0) (Commissioners Hoyt and Threiner. against)
MOTION CARRIED
Commissioners Hoyt and Threinen stated they were against the motion as they did not
fe?l the proposed use was a service occupation and, therefore, did not meet: the require-
ments of the Zoning Ordinance.
PLANNING. COMMISSION MEETING MINUTES _10 - May 11 1977
729, ,OFtGota P.:7 Conditional Use Permit
Staff presented petitioners request for a conditional use permit for a home occupa-
tion for a concrete form business.. The office portion of the operation would be
conducted from the home, while the forms themselves would be stAored off-site. A
recommendation for approval was proposed by Staff subject to the conditions as listed
in the Staff report of May 5, 1977.
The Commission discussed the operation with petitioner°.. Mr,: Cota-stated his operation
included a goose -neck trailer for transportation of the forms. The Commission pointed
out that according; to Section 17, Subdivision 2, paragraph 8 of the Zoning Ordinance,
no vehicle over 4.5 tons was allowed in an R-1 Zoning District.
MOTION was made by Commissiorer Schneider supported by Commissioner Hagen that the
Planning Conmti'ssion make the fallowing 'recommendation to the City Council.
That the request of Robert Cota for a conditional use permit for a home occupation
to operate a concrete form business. from his home at 10215 -40th Avenue Norti
be approved subject to the following conditions
1. Permit be for one year.
2 'No outdoor storage of tools or materials of the trade or trailers used in
the business be allowed.
3`. Compliance with Zoning Ordinance provisions contained in the definition
of "Home Occup,rttion"-
4. No signs.
MOTION CARRIED (5-0-0) (All in favor) MOTION CARRIER
A-530 Act iU , inc. A-530 Conditional Use Permit
Staff presented petitioner's request for a conditional use permit to exceed height
limitations in an I-1 Zoning District for a,6 ft. by 150 ft. stack to be installed
at the site for pollution control purposes. This would be the first phase of three
for pollution control purposes for the Aglite operation. A recommendation for
approval was proposed as per the Staff report of May 5 1977.
MOTION was made by Commissioner Hagen supported by Commissioner Schneider that the
Planning Commission make the following recommendation to the City Council:
That the: request of Agiite, Inc. for a conditional use permit to exceed the
height limitations in an I-1 Zoning District for a 6 ft by 150 ft. stack to
be installed on the site for pollution control purposes be approved as per
plans dated March 25, 1971;
MOTION CARRIED (6-0-0) (All in favor) MOTION CARRIED
PLANNING COMMISSION MEETING MINUTES 11- May 11, 1977'
A-2( Able Drywall A-208 Conditional Use Permit
Staff presented petitioner's request for a conditional use permit to operate a dry-
wall and painting business from the building located at Vicksburg Lane and lith Avenue
North, Staff proposed several conditions should the Commission desire to make a recom-
mendation for approval,
The Commission questioned petitioner as to the nature of his operatior,
MOTION was made by Commissioner Schneider supported by Commissioner Threinen that the
Planning Commission make the 'following recotrmenda.tion to the City Council
That the request of Able Drywall for a conditional use permit to operate a drywall
and painting business from the building loco*rc' t at Vicksburg Lane and 11th Avenue
North be denied based on the following findings*
1. Said use is not related to any of the 6-3 Zone uses permitted or permitted
by conditional use Permit and is first mentioned as. permissible in the I-2
Zone.
2. The conditions necessary for the proposed spray booth for painting of the
doors would require standards of they I-2 Zone and, therefore, would not be
appropriate for the B-3 7.one,
MOTION CARRIED (6-,0-0) (All in favor) MOTION CARRIED
A-614 flue Jay Rental A-617 Conditional Use Permit
As directed by the Planning Commission at its meeting of April 20, 1977, StaffrhaddeterminedthattheBlueJayRentalrepresentativeshadbeenauthorizedby the
owners of the site, Phillips 66, to petition for use at their location at the northwest
corner of South Shore Drive and Highway 55.
Commissioner Threinen asked the petitioner's what they intended as outdoor storage.
Petitioner, Mr.. Jasper, responded that the outdoor storage was intended to be ti*aiers
and trucks only. I
XOTION was grade by Commissioner Threinen supported by Commissioner Schneider that
the Planning Commission make the following recommendation to the City Council:
That the request of Blue Jay Rental for a conditional use permit to operate
a rental business from a site located at the northwest corner of South Shore
drive and Highway 55 ba denied based upon the following findings.
MMMMM
PLANNING COMMISSION MEETING MINUTES -12- May 11 1977
Petitioner's present plans and proposed business do not address the concerns and
reasons for denial by the Council in its resolution #76-346 of June 28, 1976, i.e
said use is inconsistent with those; uses permitted and permitted by conditional
use permit in a s-3 Zone.
MOTION CARRIED (6-0-0) (All in favor) MOTION CARRIED
MINUTES OF PLANNING COMMISSION MEETING APRIL 6, 1977
MOTIOtt was made by Commissioner Hagen supported by Commissioner Threinen that the
minutes of the April 6, 1977 Planning Commission meeting be approved as written.
MOTION CARRIED (6--0-0) (All in favor) MOTION CARRIED
MOTION TO ADJOURN was made by Commissioner Thrienen supported by Commissioner Erickson.
Chairman Davenport adjourned the meeting at 12.45 a.m.
APPROVED BY PLANNING COMMISSION June 1, 1977
David J. Davenport, Chairman
Plymouth Planning Commission
Charles E. Dillerud, Secretary