HomeMy WebLinkAboutPlanning Commission Minutes 08-24-1977t
SPECIAL MEETING
AUGUST 24, 1977
Plymouth Planning Commission
Zoning Ordinance Final Public Hearing,
A special meeting of the Plymouth Planning Commission was called to order by
Chairman Davenport at 7-30 p -m, in the Council Chambers_ of the Public Works
Building, 14900 - 23rd Avenue North.
MOBERS_PRESENT: Chairman Davenport, Commissioners Erickson, Hagen, Hoyt,
Schneider, Stewart and Threinen
STAFF PRESENT; Charles Dillerud and Kate Marx
OTHERS PRESENT; Reg Knoskin (Former Chairman, Plymouth Planning Commission)
Staff presented for review the final draft of the revised Zoning Ordinance text
and map changes to bring the zoning of the City in conformance with the
adopted Land Use Guide Plan The hearing notice procedures were explained in.
terms of the property owners directly and indirectly to be affected by the
proposed changes.In addition, it was noted that the ,point committee o
Planning Commission and Council and Staff representatives had recommcded the
tent and map as presented for adoption by the Planning Commission and City Council,
For purposes of convenient reference, the areas of the City propoed for
changed had been numbered as Area #1 - #19. A map, Exhibit A, designating these
areas is attached hereto and an official part hereof.
Area #1 Zoned B-3 (Service business district)
Guided LA -1 (Low density residential)
Mr, Ron Libby submitted a letter to the Citj whichis attached, hereto and an
officTa part hereof. In addition, he stated that he anticipated additions to
the property because of increased: business in. the area. it was pointed out that
Mr. Libby was the proprietor of the liquor store%superette located: on the north
side of Bass Lake Road east of Hemlock Lane. (lick Johnson, attorney for Mr.
Libby, stated that Mr. Libby had made a substantial' investment in the community
as well as in his businesses at this location. Both businesses operated as
services to the community and as the community grows, so will the need for the
services that Lair. Libby provides. -Mr. Johnson encouraged the Planning
CommX--cion to use the flexibility built into the Land Use Guide Plan and allow
Mr. Libby to serve the people and expand his ')usiness as may be needed,
Former Commissioner Kroskin asked Mr. Libby if he was present during the hearings
on the Land Use Guide Plan held in 1972 and 1973. Mr. Libby stated that he was
not,
KARRING COMMISSION SPECIAL MEETING -2- August Z4,. 1977
Area W2 Zoned 1-1 (Planned industrial district)
Guided LA -2 (Low, medium density residential)
W. F. Thiel, Attorney for the owners of the property, Benson -Evans,, stated that
the plans for the property had always been for industrial uses, specifically an
industrial park, He: stated that this change in the zoning would mean a substantial
financial loss to his clients.
Former Commissioner Kroskin asked if the principals of the property were also
residents of Plymouth, Mr. Thiel stated that they were not.
Anthony Soderman, asked if only the two pieces o -F the Benson -Evans property now
zoned 1-1 were to be affected by this action. Staff stated that there were others
involved also,
Mr. Soderman, stated that Eg ' il Wefald, ergineer for the City at that time, had.
indicated to them that they could acquire this land consisting of 30 acres. In
addition, this property had been zoned 1-1 as far back as the 50's and purchased
based on the 1-1 zoning. Owners of tKv property had resisted selling even a
piece of the property in order to wintain a more coordinated development in the
future of an industrial park.
Mr. Soderman added that the property owners had dedicated 8 acres worth of
right-of-way to the City for 49th Avenue North providing access to the property
from County Road 18. It was done at the time with the intention of the action
being mutually beneficial to the City and the property owners..
Cormilssioner Hagen stated that it was his understanding that the dedication
of the right-of-way for 49th Avenue North was done strictly to provide access to
the Benson -Evans property and had no other bearing on other matters regarding the
property.
Chairman, Davenport asked if there were any written communications between
Egil Wefald and the property owners to the effect that the property would remain
industrial. Mr. Sodeman stated that he would have to check into the matter and
report back to the City about it.
Area 13 Zoned I"l (Planned industrial district)
Guided LA -3 (High medium density residential)
1. E., Brill; representing Dr. Jim Tchou, stated that Mr. Tchou has purchaed his
property, in 1974 as industrial property and suggested that some sort of compromise
be reached between the City and Mr. Tchou as to use of the property. He added
that he did not feel the Land, Use Guide Plan anticipated any such action as
down zoning.
Former Commissioner Kroskin asked Mr. Brill if he was preseit at the Land Use
Guide Plan hearings held by the City. Mr. Brill stated that he was, however, he
did not represent Dr. Tchou at that time.
Nancy Jorgenson, representing Naegele Signs stated opposition to the rezoning of
a piece of property upon which they had an advertising sign. She indicated that
should the property berezoned to a residential use, the State laws would supersede
PLANNING COMMISSION SPECIAL MEETING _3- August 24 1977
the City provisions for amortization over a five-year period of time. She
suggested a compromise for rezoning a portion of the property while allowing
a portion to remain as currently zoned to allow them to continue their business
use:
Area #a Zoned 1--1 (Planned industrial district)
Guided LA -1 {Low density residential }
Tom Forster, stated that he had added on to his building several times in the past
in order to expand his meat packing operation and that he had plans to do so, in the
future. In addition, nine of his twenty-four employees were members of the family
and such a constraint as not allowing them to add on to the business would
drastically affect the family's livelihood. He pointed out that, the USDA inspected
his operation regularly and that their regulations alone may prohibit him from
continuing his use should he not be allowed to expand. Mr. Forster added that he
did not have any inedible rendering operations, the odor causing operations
connected with meat packing, nor did he intend to start any at this location.
Corwiissi,oner Erickson asked Mr. Forester how many acres he owned and how many ofthesehecurrentlywasusingforhisoperation. Mr. Forster indicated that of his
56 acres, 2 were currently used for the meat packing operation.
Commissioner Schneider asked Mr. Forester if he was aware of the Land Use
Guide Plan hearings and the impact it may have on his property. Mr. Forster responded
that he was aware of the hearings, however, he did not realize how the plan would
affect his operation.
Mr. Forster submitted a>letter to the City which is attached hereto and an
official part hereof.
Darrell and Cynthia Forster, both children of Mr. Forster, Indicated that they
had continued their schooling based upon the continued operation of their father's
meat packing business. Further, they liked the community and felt they were
offering a service to the community. They urged the Commission to allow the
operation to continue.
Rich Johnson; attorrey for Mr.. Forster, stated that the federal regulations have
i'n the ,past required operations to expand their buildings to meet USDA regulations
and standards; therefore, should Mr.. Forster not be allowed to expand as required
by the federal government, the federal government would be allowed to close down
the operation on that basic alone. Mr. Johnson suggested a compromise wherein
the operation could continue at thiscurrent location and be allowed to expand as
would be required.
Area #5 Zoned R-4 (Multiple family residence district)
Guided - Public -Semi -Public
Pastor Strand of tf Bi blx College located in Area #5 submitted a letter to the
City which is attacted hereto and an official part hereof. Staffexplained that
even within the proposed` R -1A district, the Bible College would be allowed to continue
as a conditional use within the district, therefore, the rezoning would not effect
PLANNING COMMISSION SPECIAL MEETING 4_ August 24, 1977
the Bibb, College property as drastically as Pastor Strand had assumed.
Area #6 Zoned I-1 and R-4 (Planned iiridustrial district)
Multiple family residence district)
Guided CL and LA -3 (Limited business)
619h medium density residential
Al .Herman, 3500 W 21st Street, Minneapolis, stated that he would face financial
disaster should he not be allowed to develop his property as be had intended, as
apartment dwelling units.
Mr. Herman Abad submitted a letter, to the. City which is attached hereto and an
official part hereof.
James E. Ford, 6498 Westchester Cr., Golden Halley requesteda continuance of the
hearing until he could have a meeting of the principals involved 'n the property
he was concerned with.
Joe Pazandak, 1115 Nathan Lane, stated that he had plans underway for the, property
he ownArea #6 and had had them. filed with the City for some time.. Staff
pointed out that the project had nevei, been officially considered by City Staff,
only that it had been suggested as a potential development project for the area.
Area #7 Zoned B-3 and B-4 (Service business district)
General business district)
Guided CL (Limited business)
Mr. Richard Seitz,, 10911 Highway 55 stated his objection to the rezoning of his
property, the Metro Appliance building w"thin Area #7. He stated that he wished'
to continue his use in the area and that recently the City had approved a site
plan for the property involved,
i
Area Zoned B-1 (Limited business district)
Guided LA -1 (Low density residential)
No one was present regarding the changes proposed for this area.
Area #9 Zoned R"4 (Multiple family resideie,ce district)
Guided LA -3 (High medium density residential)
No one was present regarding the chang:2s proposed for this area.
Ares 'oned R-2 (Tao family residence district) Guided LA -1 (Low density residential)
No one was present regarding the changes proposed for this area.
I
PLANNING COMMISSION SP51C.M. MEETING -5- August 24, 1971
Recess, declared by Chairman Davenport at 9.15 pm.,; Meeting reconvened at 9:.40 p.m.
Area #11 Zoned B-3 (Service Wsness distiitt)
Guided, CL (Limited buisness),
bon Poupart, 1003 80th Street, owler of the old "Uncle John's" site,
questioned what the rezoning would: mean to him for the property he owned in Area
W. Staff explained the impact of the rezo4iog to Mr. Poupart.
Area#12Zoned B-1 (Limited buisness district)
Guided LA, -4 (High density residential business)
U Heins, 2920 Berkshire Lane, stated his objection to the change in zoning
proposed for land surrounding his property. He stated he did not want to see any
apartments around his home.
R. G. 'Benne-,It, 900 Glenwood Avenue No. , staged his objection to the proposed change
in -zoning under any circumstances until it would be known how the roadways would
be planned in the area and what sewer and water plans were for the property.
Commissioner J. T. Threinen arrived at 10:00 pm.
Area, #13 Zoned 1-1 (Planned industrial district)
Guided CL (4imited.business)
No one was present regarding the changes proposed for this area.
Area W14 Zoned R-4 (Multiple familly residence district)
Guided LA -3 (High medium density residential)
No one was present regarding the changes proposed for this area.
A -,ea #15 Zoned B-5 (Service business district)
Guided CN (Neighborhood shopping center)
No one was present regarding the changes proposed for this area.
Area #16 Zoned B-3 S ervice business district)
Guided CN shopping center)
Mr. Dave Johnson, proprietor of Herb's Service Station, asked Staff to explain the
affect -this proposed rezoning would have on his property ascurrently operating.
Staff explained the changes to Mr., Johnson and stated that his property was not affected
drastically. The only restriction which would be placed on the property resulting from
the proposed zoning would be use of the structure for major, repair work as, the main
function. Mr. Johnson, stated that he currently was doing some maSor repair, but fie did
riot have plans for expansion of the repair functions in the future.
E
PLANNING COMMISSION SPECIAL MEETING .,6- August 24, 1977
Chairman Davenport stepped down for discussion of this area.
Area x'17' Zoned B'-3 (Service business district
Guided LA -1 (Low density residential)
Bruce Na eber , 1910 Olive Lane, stated he was in favor of the proposed zoning
change for the area. He added that he -felt the neighborhood did not need any more:
business type uses.
Del Weaver, 17610 -19th Avenue North, objected to the rezoning proposed for his
property in area #17, He stated that he there was also a utility easement which would
preclude the development of the property as residential Mr. Weaver also submitted
a letter to the. City which is attached hereto and an official part hereof.
Mr. Vernon Peterson, 17425 County Road 47, stated that he would also .be opposed to changing
thezoningofofof in Attie area that the property ows-,ers of the area have
depended upon.
Area #18 zoned I-1 (Planned industrial district)
Guided CS (Service business)
Mr. __Ivan Olson, general manager of VanDuesen & Co., 17000 Medina Road stated his
objection To the rezoning. He indicated that the operation had been at the present
location for at least 20 years and that such rezoning as was proposed would limit
the operation severly.
Mr. Olson questioned how much expansion would be allowed under such a plan.
Area #1919 zoned 1-2 and 8-3(General' industrial district
Service business district
Guided CL. (Limited business
Ray Sackter, 16800 -- Higoway 55, representing Dundee Nursery, indicated that they,
had plans for expansion in the future which would be totally ,prohibited by the
rezoning proposed for the (.rea, He asked that the City reconsider such an action
based on the consequences ghat would be faced by individual businesses, such as
their, own,;
Wayne Riethmiller, Tri-State Drill ng, statedthat he, too, expected to be expanding
his operation in the future.. He indicated that he did: not feel the notification
process was entirely effective either. Mr. Riethmiller stated that the business
was his livelihood and asked that the matter be reconsidered with this in mind. `
Nancy Jorgenson of Naegele Signs stated that her firm had property affected in this
area also, and suggested the same sort of compromise for this property as she had
suggested for the previous piece, i.e. moving of the sign to one corner of the
property and allowing the "corner" to remain as a business zone while rezoning the
remainder of the property to be consistent with the Land Use Guide Plan;
Rich Johnson, attorney for Mr. Libby and Mr. Forster, stated that the people with
businesses such as theirs., entailing the livelihood for the individual, were few
PLANNING: CO.'44ISSION SPECIAL MEETING --7- August 24, 1977
and that these businesses were providing services to the community. He urgee that
a compromise recommendation be reached to accommodate such businesses in expandingandcontinuingtheoperationsinthefuture
Loren Schiebe, Manager of the Chamber of Commerce, stated that he had talked with
several businessmen in the area about the proposed rezoning and that no one he
had spoken with was in favor of any of the changes proposed.
Chairman Davenport closed the public hearing; at l l OO pm.
MOTION was made by Commissioner Hagen and Commissioner Erickson that the PlanningCommissiontakeactiononthisitematthismeeting.
Chairman Davenport suggested that the Commission may wish to consider each of
these parcels separately with the advice of the City Attorney, and City Council.
He indicated that he did not feel it was clear what options would be available
in each case and suggested that the City Attorney' advise may be necessary.
Commissioner Erickson stated he would prefer to deal with each of the parcels
individually, but that the Planning Commission should speak in terms of the parcels
from a planning point of view and leave the legalities to the Council. He added
that the City could look at the planning point of view from two sides --adjustment
of the portion of the Zoning Ordinance dealing with non -conforming uses or adjustmentofth.e Land Use Guide Plan to accommodate the non -conforming uses,
Commissioner, Threinen suggested that working to the eff?ct that variances would be
granted to such uses by the Council upon recommendation of the Planning CommissionorthatConditionalUsePermitscouldbegrantedsuchusescouldbeaddedtopage 70
of the proposed new ordinance text to accommodate these businesses. Further, the
expansion could be restricted in some manner to extend only Vo the current
ownership and property boundaries.
It was pontwd out that this would not be an effective alternative for Area #17
with respect to Mr. Weaver's property and that perhaps a special hearing on the
Land Use _Guide . Plan for that specific area would be needed.
the 'Planning Commission concurred that it would be appropriate to act on the
Zoning Map after Zoning Ordinance Text discussion to follow.
MOTION CARRIED (7--0-0) (All in favor)
Chairman Davenport operned the public hearing on the Zoning Ordinance text to
comments and discussion.
No comments were made from the audience.
Chairman Davenport closed the public hearing on the Zoning Ordinance text at 11:25 p.m.
MOTION was made by Commissioner Schneider supported by Commissioner Threinen that the
Planning Commission act on this iitem at this meeting.
MOTION CARRIED (7--0-0) (All ..in favor)
PLANNING COMMISSION SPECIAL MEETING -8- August 24, 1977
MOTION was made by Commiss,ioner Threinen supported by Commissioner Erickson that May
reference to the Subdivision Unit Project be deleted.
MOTION CARRIED (7-0-0) (All, in favor)
MOTION was made by Commissioner Threinen supported by Commissioner Hagen that
Section IZ, Subdivision 1, paragraph I be chaned by adding the following at the end
of sAJd1 paragraph to *read,- the time, of the adoption of this Ordinance,
Compission,ar Threinen stated that the intent of this section of the Ordinance
would be to allow expansion of the nonconforming uses within the ownership
boundaries of the use at the time of the adoption of the ordinance to accommodate
the businesses affected as represented at the meeting this evening. The intent is.
further to insure that present owners uch non --conforming uses not be restricted
in conducting their business tow or in future.
Commissioner Erickson, stated tiiat he was concerned that this addition to the wording
of this paragraph may refer to other types of uses.
Commissioner Threinen responded that the "other types of uses" were not properly
zoned prior to the proposed ordinance changes whereas the non -conforming uses
being 'referred to for this section were,, i.,e. Mr., Forster's property is currently
zoned 1-2 w.htch is proper for the use. In addition, the City has created the zoning
situation for the uses, such as Mr. Forster's meat packing operation in that City
would not have created the. zoning situation for the "other types of uses."
POTION CARRIED (7-0-0) (All in favor)
MOTION was made by Commissioner Stewart supported by Comm vi-,,,31oner Erickson that
Section 7, Subdivision 3, #10 be changed to 'read that "Parks and recreational areas
owned or operated by public bodies other than the City of PlXmouth " become permitted
by conditional use permit in all resia-e-n-t-1—aT-zones, not permitted.
Commissioner Stewart stated ghat that would at least assure the City a review of
the Proposals for other than City parks.
MOTION. CARRIED (7-0-0) (All in favor)
MOTION was made. by Commissioner Erickson supported by Commissioner Stewa— that the
Zoning Ordinance tent be codified and indexed.
MOTION CARRIED (7-0-0) (All in favor)
MOTION was made by Commissioner Hagen supported by Commissioner Threinen that the
Planning Commission make the following.recommendation to the City Council: That the
Proposed Zoning Ordinance texted dated April, 1977, with the changes as made at!the
Planning Commi'ssion meeting of August 24, 1977 be adopted.
MOTION rARRIED (7-0-0) (All in favor)
PLANNING COMMITTEESPECIAL MEETING -9- August 24, 1977
MOTION was made by Commissioner Hagen supported by Commissioner Erickson that the
Planning Commission make the following recommendation to the City Council; That
Area #17, as designated on Exhibit A attached hereto, be stricken from consideration
along with the other parcels in the City affected by the proposed change in the
Zoning flap for consistency with the Land Use Guide Plan and further, that the City
Staff be directed to advertise for a public hearing to consider reguiding of the
property consistent with the huisness uses operating in the area, LA -1 to Service
Business,
MOTION CARRIED (64-1) (Chairman Davenport abstained)
MOTION was made by Commissioner Erickson supported by Commissioner Threinen that the
Planning Commission make the following recommendation to the City Council: That
the proposed changes to the Zoning Map proposed August 24, 1977 with the exceptions
as noted per the minutes of the Planning Commission meeting August 24 1977 be approved
for consistency with the Land Use Guide Plan, specifically areas W1-16 and Areas #18
and; #19 per Exhibit A attached hereto.
Commissioner Hagen pointed out that htese proposed changes were arrived at after
several hearings over a period of three.years, after extensive cxamination by
the Planning Commission, City Council and City Staff tmlith the purpose in mind of bring-
ing the zoning map in conformance with the intent of the Land Use Guide Plan adopted
by the City in 1972.
MOTION CARRIED (7-0-01VA (All in favor)
X:
Nancy Jorgenson, Naegele Signs, asked the Commission what recorse her firm had
for the signs involved on properties to be rezoned. The Commission suggested she
present her arguments of the Council for their review and action at the time of
their review of the proposed changes to the .Zoning Ordinance text and map.,
MOTION TO ADJOURN was made by Commissioner Stewart supported by Commissioner Hagen,
Chairman Davenport adjourned the meeting at, 1;00 a.m.
APPROVED BY PLANNING COMMISSION November 16, 1977
David J. Davenport, Chairman
P ' uth Pl ann '.n i ssi on r
es X11 erud, ecretary iv