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HomeMy WebLinkAboutPlanning Commission Minutes 01-04-1978PLANNING COMMISSION CITY OF PLYMOUTH, MINNESOTA January 4, 1978 A regular meetingof the .Plymouth Planning Commission was called to order by Chairman Davenport at 7:80 p.m., in the Council Chambers of the Public Works Building, 149QQ-23rd' Aven4l.- North.. MEMBERS PRESENT: Chairman Davenport, Commissioners Erickson, Hoyt, Schneider, Stewart, Threinen and Vasil'ou STAFF PRESENT. Charles Dillerud, Kate Marx and Bill Pearson A-508 Chanes Carlson A--508 Conditional Use Permit Staff presented petitioner's request for a conditional use permit to operate an amusement center to include pin -tall p;ootaines and other similar coin-operated games. As directed by the Comiiission, Staff oad advertised in the official City newspaper that a public hearing would be held on this item at this meeting. In addition,, special notice was sent to owners of record of the 24 separate tax parcels east of Plymouth .Junior High between 34th Avenue North and 36th Avenue North. Mailed notice also went to the Tiburon, AMLAC, Middle East and Lost Lake Homeowners' Associations and the City of New Hope. Mr. Char es Carlson, petitioner, presented to the Commission a statement signed by the majority of the business owners in the area stating that they would not object to his operation existing in the area. Mr. Carlson stated that he did not contact J's" Pizza in that they have a competitive operation and that he was unable to reach the owner of the pet hospital in the area. In addition, petitioner stated that he had. reconsidered the age rule for his establish- ment --he would now require the people entering to be 16 years of age; and, further, that he would not allow smoking of any sort in his establishment if he was allowed to reopen. CommissionerThreinen a4jestioned whether any of the games in petitioner's establishment had a "pay-off." Mr. ,'arizon stated that they did not. Commissioner Threinen also asked petitioner to review his security system for the business. Mr. Carlson stated that there would be two people on duty at all times, one on the Onside of the building and one monitoring the parking lot and the outside of the structure. He indicated that approximately one-third of his partons had come by car and that approximately ten cars were in the parking lot at any one time. Several patrons would walk to thy- establishment and several would ride bicycles. PLANNING COMMISSION 14EETINO MINUTES -2- uanuary 4, 1M Commissioner Threinen asked what the peak hours of the operation world be Mr. Carlson responded, that between 7-9.30 p.m. was his peak time each evening. Mr. Carlson added that the afternoon business was always slow. He state1 that he would Consider not opening until the evening hours if allowed to reopen his operation at this location. The Commission questioned Mr. Carlson with respect to the police report and asked him to explain the circumstances. Mr. Carlson did so in detail. Chairman Davenport opened the hearing to comments and questions from members of the audience: John Wire, 4130 Quaker Lane, asked the fnllowing questicns about the operation: 1) Mw many machines would be on the site; 2) Would the number of peop'? allowed in the facility be limited in any way; 31 How would smokers and/or troublemakers be handled. Mr. Carlson responded that there would be between 24-25 'machines within the establish- nrent. The number of people allowed in the structure'at any one time would be 40 per the Chief Building Official of the City. sir. Carlson stated that the people smoking in the establishment would be asked to leave. If they did not leave, the people on duty would ;call the police to aide them if trouble started. Mr. Carlson. added that 95% of the kids in his operation were "good" kids who had no intention ofcausing any trouble. Also, as to the age of his patrons,- he estfirated that 60% of them were over 16 years of age Mr. Wire staged ttrat, as a homeowner in the area, he felt that an establishment of this Type would only increase the amount of police service the City would need to proviie for the area in terms of loitering and drug trafficking. In than light, he urgbd the Commission to Berry the petition of Mr. Carlson. Tom $Wanous, 4015 Trc ntorr Lane, stated that he did not feel this type of operation would be at attribute to the neighborhood. He stated that he would not allow his children to patronize such an establishment. Charles Leininger, 3501 -62nd Avenue North, stated that he had severalestablishments similar to the one being proposed by Mr. Carlson; however, his operations were larger than that proposed by Mr. Carlson. He stated that kids did not buy drugs in his establish- ment, that. he ,had a good relationship with the kids and the City officials in the area and that he felt Mr: Carlson's operation could be run in the same manner. Mr. Leininger stated that he felt a person would not make such an investment in land, structure and equipment and petition for a conditional use permit and then take a 'chance at losing the establishment by not running the operation properly. Chairman Davenport asked, Mr. Leininger where his operation was located. He stated that his main operation was in Hopkins but that he also had one in. Brooklyn Park.: He added that he had been in the "amusement center" business for 10 months and that he had been in the vending machine business for five years. Chairman Davenport asked if Mr. Leininger had, at any time, had any police,problems. 1 He stated that the only incident was one in which they, the establishment owners, had arrested a kid for selling drugs, They .suspected him and worked with the police to arrest him, Commissioner Stewart .asked Mr. Leininger if he felt that Mr. Carlson's location would PLANNING COMMISSION MEETING MINUTES 3- January 4, 1978 Tend itself more to loitering than his own operation. Mr.; Leininger stated that he felt his own .establishment was more susceptible to loitering due to its location in downtown Hopkins, Commissioner Schneider asked Mr. Leininger if the City of Hopkins had placed any conditions upon their approval of a conditional use permit for the amusement center operation. Mr, Leininger stated that they had not, other than a one-year time period. Tom Berg, 3820 Trenton Lane, President of the Middle East Homeowners' Association, stated that it was difficult to make a statement in favor or against the petitioner's request. He added that the main theme of the petition seemed to be "problems" from one source or another, yet the use did appear to have redeeming qualities. Mr. Berg stated that the location of this establishment between schools; was perhaps not a good location Commissioner Threinen asked Mr.. Berg if he was aware that "J's" Pizza had a similar operation on a smaller scale already existing in the area. Mr. Berg stated that he was and that he felt this, too, was .a problem area. Wayne Reynolds, 2405 Merrimac Lane, stated that he would like to see such an establish- ment within the City of Plymouth. He added that he knew Mr. Carlson personally and felt that he would be a concerned individual who would run his establishment properly. Ron Alger, 5140 W, 96th Street, stated that he had done business with Mr. Carlson and to continue doing business with Mr. Carlson as he felt he was a man of integrity. He stated. that he felt Mr. Carlson would be the type of individual to run such a business properly. Mr. Alger added that he, too, was in the amusement center business; he was the proprietor of the Electric Light Fair in ,he City of Bloomington. He stated that the operation he controls is run in such a way that the kids who are there are the type of kids who will Help to police the establishment on their own. Mr. Alger further stated that they had had no complaints from their neighbors nor from the citizens in general about the establishment. As a parent of teenaged children, Mr; Alger added 1.nat he preferred his children to be in places where there was adult supervision as opposed to no super- vision at al:. Commissioner Schneider asked Mr, Alger if the City of Bloomington had required a. conditional use ,permit for him to operate his establishment. Mr. Alger responded that his use was allowed "by right" within the zoning district in which he was located, Ctiniissioner Threinen asked Mr. Alger what percentage of the patrons of his establish- ment ,vere 18 .years old or older. Mr.. Alger responded that over 50% were over 18 years old. Commissioner Threinen also asked what his operating hours were. Mr. Alger stated that he opened at 2;30 p.m. in order to avoid any conflict with the schools and closed at 17 p.m. on weekdays:, and at 12 midnight on weekends. Bob Scribner, 2015 Lancaster Lane, President of the AMLAC homeowners" association, stated that the main concern of the residents in the association was that they wanted some sort of entertainment center for the children in the. City; however, simply having machines available was not sufficient. Mr. Scribner stated that he personally had been to the Hopkins center run by Mr. Leininger, but that he felt there was a difference between what Mr. Leininger was doing and the manner in which Mr. rarlson's operation PLANNING COMMISSION MEETING MINUTES -4- January 4, 1978 was doing business while it had been open in the past, MaU Ann El fering, 1642 Melrose Avenue, suggested that at least a trial period could' be granted Mr, Carlson in which to prove that he was capable of controlling the opera- tion as he represented, Commissioner Stewart asked Mr. Carlson if he would suffer a great financial loss if the center were not allowed to opeste or, permit,, pfranted. the er were `d. Mr.. Carlson stated that he would, have to sell' themachin7f it v closeesforaloss. Mr. Carlson added that he intended to do his own repair work, when possible, from this site, that this would be his headquarters for all his machines. His repair opera- tion amounted to a box of tools and occasionally a few replacement parts being stored on site. He pointed out that once in awhile -it was necessary to send the machines back to the distributor for repair. Commissioner Stewart asked Mr. Carlson how long he had been in business. Mr. Carlson stated that he .had been in business for four years. Commissioner Hoyt questioned Mr. Carlson as to how many other locations he was currently operating in with game machines. Thr. Carlson stated that he had four other locations in which he rented games to proprietors, however, he did not actually run the other businesses. Chairman Davenport closed the palm: hearing at 9:00 p.m. MOTION was made by Eommissionev Stewart supported by Commissioner Erickson that the Planning Commission Lake action on this item at this meeting. MOTION CARRIED (7-0-0) (All in favor) MOTION CARRIED A-786 Harvey Schiebe A-786 Preliminary Plat and Rezoning Staff presented ,petitioner's request for preliminary plat and rezoning from R -O (Open Resi'd'ential.) to B-1 (Limited Business) for property located south of Highway 55 at l orestview Lane. Staff pointedout the following concerns with regard to design of the plat proposed 1) the south half of iorestview Lane cul-de-sac was not located totally within the property bounded by the plat; 2) 0t 3, Block 2 was long and narrow with no public street frontage available for a future division; 3) Lot 1 Block l was of varied topographic character, one-third low and two-thirds high and wooded. Also, the westerly two-thirds of the lot was guided LA -1; -and 4) no General Development Plan had been presented by petitioner concurrent with the zoning action requested. Mr. Schiebe stated that an adjacent business, Honeywell, was potentially interested in purchasing a portion of Lot 1, Block 1 to maintain a buffer between the existing` residential neighborhood and their existing structure, The Commission discussed this in greater detail with petitioner.' PLANNING COf4MISSION'MEETING MINUTES -5- January 4, 1978 With respect to a portion of the proposed cul-de-sac bei°ng located outside of the boundaries of the plat, Mr. Schiebe stated that he was expecting a letter from the owner of the property indicating no objection to the remainder of the cul-de-sac being on. their property. A copy would be forwarded to the City. Bud Manders, 1120 Kirkwood Lane, stated that he was against the commercial develop- mcnt being so close to the existing residential properties, Georgina Friedman, 1010 Ives Lane, stated that she, too, opposed the development of any additional property as commercial so close to the existing residential homes. Co,vissic,*r Threinen questioned what uses, if any, were planned for the lots. Mr. Schiebe stated that an optical equipment firm was planned for Lot 1, Block 2 along with several related uses; to, the optical equipment firm. Mrs Kardashian, 1015 Ines Lane, questioned why industrial would be allowed to be so close to the residences in the area. She stated that she did not feel this was appropriate. Chairman Davenport explained the difference between industrial uses and the 5-1 limited business zone proposed by petitioner. Gary Nammerbeck, 1010 Kirkwood Lane, staged that he strongly objected to any industry being allowed adjacent to the existing residences. rCarol' Albrecht, 4545 North Shore Drive, Mound,, one of the owners of the property pro- posed for development, stated that several years ago, there were public; hearings held on the eventual use of this property and that at that time the use was established to be of a commercial limited nature. She added that she felt the people objecting to the commercial limited use at this time were 'too late with their concerns.: Chairman Davenport closed the public hearing at 9:50 p.m. MOTION was made by Commissioner Threinen supported by Commissioner Stewart that the Planning Commission tape action on this item at this meeting. MOTION CARRIED (7-0-0) (All in favor) MOTION CARRIED Chairman Davenport declared a recess at 10:00 p.m.; the meeting was reconvened at 10:05 P.M. A-508 Charles Carlson A-508 Conditional Use Permit MOTION was w,4.'by Commissioner Stewart supported by Commissioner Threinen that the Planning CciViission make the following recommendation to the City Council:; That the request of Charles Carlson tc operate an amusement center in a B-3 zone, specifically "Fun and Games" at 3425 County Road 18 N. be approved subject to the following conditions; PLANNING COMPII5SION MEETING MINUTES January 4, 1978 I. Compliance with all applicable construction codes and ordinances prior to opening for business 2. Submission of a site plan to include paving ofparking meas, setback landscaping and structure signage. Said plan to be submitted within 30 days of conditional use permit approval and executed within 210 days. 3. No smoking be allowed on the site, 4. Patrons must be 16 years, of ago: or older. 5. Permit shall be for six months, Commissioner Stewart stated that he feltpetitionershould be allowed a chance to prove that his operation would be a good one and of benefit to the City. Six months: would be an adequate time period in which to judge. The reason for the seven-month period for landscaping would be to allow petitionor the opportunity, if the business should not be successful, to not make a substantial financial investment in the property. It was made clear to Mr,. Carlson by the Commission that financial considerations would not be allowed at the time of permit renewal requests. Mr. Carlson .stated that he understood. MOTION TO AMEND was made by Commissioner Schneider supported by Commissioner Stewart to add the following condition: Operating hours of the amusement center shall be: Monday through Thursday 6:00 p.m, to 10:00 p.m. Friday 6:00 p.m. to 12:00 Midnight Saturday 12:00 Noon to 12:00 Midnight Sunday 1:2:00 Noon to I0:00 p.m. MOTION TO AMEND CARRIED (7-0-0) (All in favor) MOTION TO AMEND CARRIED MOTION TO AMEND was made by Commissioner Schneider, supported by Commissioner Stewart to add the following condition,: "No more than 40 persons be allowed in the building at one time." MOTION TO AMEND CARRIED (7-0-rt0) (All in favor) MOTION TO AMEND CARRIED The Commission then voted on the main motion as twine amended. MOTION CARRIED (7-0-0) (All in favor) MOTION :CARRIED PLANNING COMMISSION MEETING MINUTES -7 January 4, 1918 A-786 Harvey Schiebe A-786 Preliminary Plat and Rezoning MOTION TO DEFER was made by Commissioner Threi;nen supported by Commissioner Schneider any further action on the .request of Harvey Schiebe for preliminary plat and :rezoningfromR -O `Open Residential) to B-1 (Limited Business) for property located south of Highway 69 at Forestview Lane subject to the following redesign considerations and concerns 1 Redesign of the westerly two-thirds of Lot 1, Block 1 to provide single family residential platting for that portion guided LA -1 (Low Density Residential). 2. Redesign of Lot 2, Block 2 in such a; manner as to make it deeper (Ny-S) thereby providing greater frontage per unit area.. S. Receipt of a letter from the property owner to eche south indicating approval of the cul-de-sac location on a portion of that owner's property. It was pointed out to petitioner that rezoning had not been, and would not be, granted until General Development Plans were presented for each of the Iots. Petitioner stated that he understood this provision of the ordinance, MOTION TO DEFER CARRIED (7-0-0) (All in favor) MOTION TO DEFER CARRIED A-787 _Rambo Logan Associates A-787 Site Plan Staff presented petitioner's request for site plan approval of a proposed p,ofessional office building of 1E,779 sq. ft. to be located at the end of Empire Lane at approxi- mately 315t Avenue North (extended). Staff indicated the following items of note; 1) petitioner had drawn the site plan assuming the north exposure to be the rear yard, not the east exposure as would be presumed by the lot configuration; 2) adjustment of the site plan could be accomplished to avoid the implied side yard parking variance, and,3) as with the adjacent Perkins site, the proposed structure would be located within the powerline easement paralleling 1-494. A recommendation for approval was proposed by Staff subject to the conditions as listed in the Staff report of December 28, 1977, Commissioner Th'reinen questioned what heiigl NSP would allow for the structure due to the l ouati on: of the powerline. Clark W- bo, petit ,'.,ter, indicated that the eleva- tion leva- tion varied but that the highest point was an elevation of 990 ft. The variation of the elevation allowed was due to the curvature of the powerline over the property. MOTION was made by Commissioner Erickson, supported by Commissioner Threinen that the Planning Commission make the following recommendation to the City Council That the request of Rambo Logan Associates for site plan approval of a professional' r PLANNING COMMISSION MEETING MINUTES -8- January 4, 1978 office building to be located at the end of Empire Lane at approximately 31st Avenue North (extended) per plans dated December 27, 1977 be approved subject to the following conditions: 1. Redesign to eliminate the parking setback variance on the northeast corner of the site. 2. Compliance with the provisions of the City Engineer's [memorandum on thin project, 3. Payment of $570 Park Dedication fees -in -lieu. 4. Provision of site plan performance security per Zoning Ordinance requirements for a period of 18 months. 5. Completion of lot division actions to create this parcel. 6. Outside storage of waste, waste containers and garbage shall be prohibited.. MOTION CARRIED (7-0-0) A-528 Mendota, Inc. A-528 All in favor) MOTION CARRIED k:ot Division of Unplatted Property Staff presented the request of John Parsinen, representing Mendota, Tnc., for lot division of unplatted property located in the southeast quadrant of I-494 and County Road 10. A recommendation.for approval was propolsed by Staff subject to the conditions as listed in the Staff report of December 28 1977, Commissioner Erickson questioned whether the City had acquired all the right-of-way necessary for County Road 10 in this area. Staff indicated that this had been done previously. Commissioner Threinen asked Mr. Parsinen if he had any objection to the condition proposed for the approval of combining the parcel to be divided with the parcel adjacent to the east.. Mr. Parsinen stated that there was no objection to this condition. MOTION was made by Commissioner Schneider supported by Commissioner Threinen that the Planning Commission make the following recommendation to the City Council: That the request of Mendota, Inc. for approval of a lot division of unplatted property in the southeast quadrant of I-494 and County Road 10 be approved per the petition of December 21, 1977 subject to the following condition; PLANNING COWISSION MEETING MINUTES -g- January g, 1978 Parcel A be concurrently combined wits Mat 43702, Parcel 5800 to the east. MOTION CARRIED (7-0_0) (411 in favor) MOTION CARRIED 1977-78 Comprehensive Plaq_Ur)datja Staff explained: to the ComnissiDn that the 1977-78 Comprehensive Plan Update called for a "Service or Design Stsnda:rl'S component to be completed in its first phase. It was requested of the Comnission that they choose three communities suitable for comparison to Plymouth for this component of the project. In a flt on, two substitutes were .also requested, The Comission discussed the matter in detail with Staff as to which cities it) the metropolitan area would be comparable to Plymouth at various points of development. MOTION was made by Commissioner Stewart supported by Commissioner Erickson that the Planning Commission make the following recommendation to the City Council: That the following cities be chosen for comparison standards for the Service or Design Standards component of the 1977-78 Comprehensive Plan Update. Bloomington Burn:,vi l l e Roseville Further, that the following cities be chosen as substitutes Edina New Hope MOTION CARRIED (7-0--0) (All in favor) MOTION CARRIED Community Development Revenue Sharing Funding --Year IV The Commission Continued its discussion of the Community Development Revenue Sharing funding for Year IV from the December 21 1977 meeting as to allocation for projects.. MOTION was made by Commissioner Threinen supported by Comissiouer Hoyt that the Planning Commission make the following recommendation to the City Council: That the Community Development Revenue Shering Funding for Year IV be allocated according to the following project priorities: PLANNING COMMISSION MEETING MINUTES 10- January 4, 1978 1 Compre'h.,^nsi've P1 anxi ng 2. Direct Benefit to Families of Low and Moderate Income --Rehabilitation Grants and/or Land Cost Write-down 3, handicap Barriers in Public and Private Buildings C MOTION CARRIED (7-D-0) All in favor) MOTION CARRIED MOTION TO ADJOURN was made by Commissioner Threinen supported by Commissioner Stewart. Chairman Davenport adjourned the meeting at 11:30 p.m. APPROVED BY PLANNING COMMISSION February 1, 197$` David J. Davenport, Chairman Plymouth Planning Commission 1 Charles E. Dillerud, Secretary