HomeMy WebLinkAboutPlanning Commission Minutes 05-17-1978PLANNING COMMISSION
U Y OF PLYMOUTH, MINNESOTA
May 17, 1978
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 Barron, Erickson, Schneider
Threinen Vasiliou (arrived at 8:30 p.m.), and Stewart
STAFF PRESENT: Charles E. Diilerud and Kate Marx
A---8-1§ Edward T, Johnston A-819 Preliminary Plat and Rezoning
from R -O to R- I B
Staff presented petitioner's request for preliminary plat and rezoning from R--0
Restricted Residential) to R -IB (Low, Density Residential) of property located on
the west side of Larch Lane at 48th Avenue North. Petitioner"s proposal for
EYonne's Lakeview Addition included 30 single family "conventional" lots, Staff
made recommendations and observations regarding the plat per the Staff report of
May 11, 1978,
Commissioner Threinen questioned the street naming of the plat. Staff pointed out
that 48th Place was an appropriate street name for the east -west street based on
the street naming of the adjacent plats to the north and south,
Francis Hagen, petitioner's engineer, explained that attempt had been made to
purchase the 16,5 foot remnant parcel existing between the north boundary of thi's
proposed plat and the sou•Lh boundary of the Creekwood Hills plat, but they had
not been successful.
Commissioner Threinen suggested that since it was the intent of the developer to
proceed in conjunction with the Creekwood. Hills plat to the north,, that it may
be appropriate for the City to begin with eminent domain proceedings. He added
that should the matter not be resolved, the Council should be encouraged to initiate
the eminent domain proceedings,
Chairman Davenport closed the public hearing at 7:55 p.m.
MOTION was made by Commissioner Schneider supported by Commi:-,sioner Stewart that tfie
Planning Commission take action on this item at this meetin:
MOTION CARRIED All in favor)
A-267 George i_arson A -C67 Preliminary Plat
Staff presented petitioner`s request for preliminary plat review of the Westlawn
Addition, a residential plat proposed for 9 single family dwelling lots located
PLANNING COMMISSION MEETING MINUTES -2 May 17, 1978
i at the southwest corner of Plymouth Road (Vinewood Lane) and lst Avenue 'North,
Observations and recommendations of Staff were made per the Staff report of May 11,
1978.
Commissioner Threinen stated that he felt it would be advisable, for petitioner to
eliminate the lot lines surrounding Lot 8 of the proposed plat thereby allowing the
pond to be Tess constrained in shape and size across portions of the adjoining lots.
Commissioner Threinen questioned how much of the pond would be allocated to the
property within the proposed plat. Staff stated that approximately one-third
of the pond would be built upon the property within this plat:. Calvin Hedlund,
petitioner`s engineer, stated that there would be no problem complying with the
requirements of the City with respect to the pond.
The Commission discussed the merits of allowing tw-) driveways onto Plyipouth Road,
a collector status thoroughfare street. It was pointed out that the Thoroughfare
Guide Plan had County Road 61 routed along this street for the future..
Pat Ginsbach, Edina Realty, representing petitioner, stated that from a marketing
point of view, the joint driveway situation would be a detriment. In addition, the
location of a joint driveway would be such that it would cause the developer to
cut down many trees along the proposed new property line, Further, the driveway
of the existing home was aligned in such a manner that would not align with the
Joint property line of the two lots.
Chairman Davenport closed the public hearing at 8:30 p.m.
MOTION was made by Commissioner Stewart supported by Commissioner^ Erickson that
the Planning Commission take action on this item at this meeting,
MOTION CARRIED (6-0-0) (All in favor)
Commissioner Vasiliou arrived at 8,00 p.m.
A-223 'Gonyea Investment Company A 223 Preliminary Plat and Rezoning
from R-0 to R„ 16
Staff ,presented petitioner's, request for preliminary plat and rezoning R-0
Restricted' Residential) to R-lB (Low Density Residential District) for property
located in the northeast quadrant of Zachary Lane and 36th Avenue North, proposed
for 20 single family dwelling units. Staff observations and recommendations were
made per the Staff report of May 1.1, 1978.
Commissioner shreinen questioned if petitioner had made attempts to combine the
project with the property to the west. Staff stated that this had been suggested
to petitioner, btrt it had not materialized.
Francis Hagen, pet itioner's engineer, stated tht, there would be no objection to
alteration of the cul' -de -sac alignment at the north end of the project based upon
the Staff suggested realignment of the street per the report of May 11, 1978
PLANNING COMMISSION MEETING MINUTES -3 May 17 1978
MOTION was made by Commissioner Erickson supported by Commissioner Barron that the
Planning Commission take action on this item at this meeting.
MOTION CARRIED (7-0-0) (All in favor)
A_-819 Edward T. Johnston A-81,9 Preliminary Plat and Rezoning
MOTION was made by Commissioner Schneider supported by Commissioner Vasiliou that the
Planning Commission make the following recommendation to the City Council:
That the request of Edward T. Johnston for preliminary plat and: rezoning from R-OtoR-18 for property located on the west side of Larch Lane at 48th Avenue North,
proposed for 30 single family dwelling lots, be approved, subject to the followingconditions;
1. Acquisition of the I6.5 foot cartway, Plat 43711, Parcel 5500, prior to final
plat submission,
2. Provision of a temporary cul-de-sac at the west end of 48th Avenue North.
3. Prohibition of all private driveway access to Larch Lane,
4. Park Dedication shall consist of .22 acres of trail corridor alongon ,arch Lane
and cash fees,-in-lieu equal to the average value of 1.27 acres of the site.
5. Street naming be per the City Street Naming System.
MOTION TO AMEND was made by Commissioner Threinen supported by Commissioner Schneider
to add the: following condition #1, "Should efforts be successful the addition of
one lot be granted as a permissible amendment to the preliminary plat. Should
efforts be unsuccessful by the time of the final plat, the City shall initiateEminentDomainactiontofacilitateconstructionofOakwoodLane, continuous
between Creekwood Mills and Evonne`ss Lakeview Addition."
MOTION TO AMEND CARRIED (6-0-1) (Commissioner Vasiliou
abstained)
The Commission then voted on tfie ~ruin motion as amended.
MOTION CARRIED (6-0-1) (Commissioner Vasiliou
abstained)
A-267 George Larson A-267 Preliminary Plat
MOTION was made by Commissioner Stewart supported by Commissioner Schneider that
the Planning Commission make the following recommendation to the City Council'.
That the request of George Larson for preliminary plat approval of the Westlawn
Addition, located at the southwest corner of Plymouth Road (Vinewood Lane) and
PLANNING COMMISSION MEETING MINUTES -4- May 17, 1978
i
lst Avenue North, proposed for single family dwelling units, be approved, subject to
the following conditions.
I. Compliance with the provisions of the City Engineer's Memorandum.
2. Redesign to elimi':nati! Lot 8 and incorporate the land area into Lots 7 and 9.
3, Park Dedication shah} consist of 10% of the Assessor's Average Fair Market Value
for .45 acre, not to exceed $275 per lot.
4. Access to Plymouth Road from Lots 4 and 5 shall be by joint driveway only.
FURTHER, that a variance be granted to allow 102 foot and 105 foot frontage on
Lots 41 and 5 respectively.
The Coranission discussed the impact of the restrictions implied by condition ;-74,
MOTION TO AMEND was made by Commissioner Barron supported by Commissioner Erickson
that the following be substituted for condition #4 of the: previous motion': `Access
for Lot 1 be restricted to 1st Avenue North only, with permission for separate
driveways for Lots 4 and 5 onto Plymouth Road."
MOTION TO AMEND CARRIED (4-3-0) (Commissioners Schneider, Stewart, land Threinen against)
The Commission then voted on the main motion as amended.
MOTION CARRIED (7-0-0) (All in favor)
A-223 Gonyea investment Company A-223 Preliminary Plat and Rezoning
MOTION was made by Commissioner Threinen supported by Commissioner Erickson that
the Planning Conymission make the following, recommendation to the City Council:
That the request of Gonyea Investment Company for preliminary plat and rezoning fromR-0 (Restricted Residential') to R-IB'(Low Density Residential) fo-r property located
north of 36th Avem)e North at Xminies Lane, proposed for 20 single family dwellinglots, be approved subject to the following conditions.
1, Street design be per the amended preliminary plat presentad,by the developer
May 17` 1978,
2. Petitioner shall acquire Flat 43713, parcel 2697 for inclusion within the
plat by the time of final plat presentation to the City. Should efforts be
unsuccessful by the final plat stage, the: City shall initiate Eminent Domain
action to facilitate ,onstruction of 38th Avenue, North west of the Wellington
Addition,
3. mark Dedication fees -i -lieu shall be equal to I0% of the Average Assessor's
Fair Market Value for the property, not to exceed $275 per lot.
K
PLANNING COMMISSION MEETING MINUTES _ ., May 17, 1978
4. Compliance -with ` th the provisions of the City Engineers memorandum,
S. All private driveaccessto 36th Avenue North, including that of the
existing home, shall be prohibited,
MOTION TO AMEND was made by Commissioner Erickson supported by Commissioner StewartthatthefollowingbeaddedasconditionM "Lot 8, Block 3 shall access to the
northern most edge of the lot."
MOTION TO AMEND CARRIED (7-0-0) (All in favor)
The Commission then voted on the main motion as amended.
MOTION CARRIED (7-0--0) (All in favor)
A 308 Mary IJo Brown, dba Mi s Ceramic Supply A-308 Conditional Use Permit
E sion
Petitioner was not avzilable to respond to the questions of the Commission regardingher .request,
MOTION TO DEFER was made by Commissioner Threinen supported by Commissioner Schneider,
the further consideration of the request of Mary Jo grown, dba MJ's Ceramic Supply, for
conditional use permit expansion, until such time as petitioner couldbe present to
respond to Commission questions,
MOTION TO DEFER CARRIED (7-0-0) (All in favor)
A-821 Bruce Hubbard A-821 Site Plan
Staff presented petitioner's request for a site plan for an office/warehouse of 9,000
square feet to house an automobile towing and storage business, proposed to be located
in the northeast quadrant of Nathan Lane and 10th Avenue North. Proposed operations
from the site included auto towing and storage, truck storage, snowplowing and outdoor
storage of ..,.'-ides. Additional Staff observations and recommendations were made per
the Staff report of May 12 1978.
Commissioner Threinen stated concern that there did not appear to be a clear primary
use for the site.
Bruce Hubbard, representing the petitioner, stated that additional parking could be
provided at the rear of the property if the City so desired
Dick Hughes, dba Dick's Towing and Dick's Snowplowing, Inc., stated that he intended
thetear portion of the lot to be used for his own garage purposes and for use as
storage of impounded vehicles. He added that the inside storage of the vehicles
was not necessary to his business except in the case of vehicles impounded at the
request of the police,
PLANNING COMM15SIQN MEETING MINUTES .6- May, 17, 1978
Commissioner Schneider asked what the front portion of the building would be used
for. Mr. Hughes responded that the front portion of the structure would be rented
out to a distribution. use, Commissioner- Schneider questioned whether the tenant
would require a loading dock to be located on the front of the building. Mr.
Hubbard responded that the building would have a hydraulic or pnuematic door for
deliveries.
Commissioner Stewart questioned what types of vehicles would be used by the Hughes
operations. Mr. Hughes responded that the largest vehicles he would have on the
site would be ton dump trucks along with several towing trucks..
Commissioner Threinen questioned where the vehicles would be stored,. Mr. Hughes
responded that he would be required to store some of the impounded vehicles indoors.
In addition, tie had planned to stone as many of his own vehicles within the building
as would be possible.. He indicated that it would be necessary to have his vehicles
stoned outdoors some of the time as well.
Comw ssioner Threinen pointed out that the indoor storage of the vehicles would be
a permitted use whereas the outdoor storage ol, the vehicles would require a
conditional use permit per Zoning Ordinance requirements dealing with conditional
uses in the I-1 (Planned Industrial) zone..
Commissioner Threinen added that he felt the automobile towing.,J snowplowing would
be uses off-site which would be allowed as accessory uses for the site, while the
auto and truck outdoor storage would require conditional use permits per that same
section of the Ordinance.,
Commissioner Threinen asked Mr.. Hughes how many spaces would, be available outside of
the structure for storage of vehicles. He indicated that he had planned for enough
spaces to handle between 15-20 cars,
Commissioner Stewart stated that he felt the site was perhaps too small for the scope
of the business;
Commissioner Stewart questioned where the over -flow of vehicle storage would take
place for the use. Mr. Hughes responded that he had an agreement with Village
Chevrolet in Wayzata to use their lot for his over -flow needs.
Commissioner Stewart questioned Mr. Hughes on the volume and nature of his business
Mr. Hughes explained his operation to the Commission.
MOTION was made by Commissioner Threinen supported by Commissioner Erickson that
the Planning Commission make the following recommendation to the City Council.-
That ouncilsThattherequestofBruceHubbardonbehalfofflickHughes, for site plan approval
and conditional use 'permit for outside storage of vehicles, and accessory uses of
automobile towing and snowplowing, be approved, subject to the following:
1. Compliance with the City Engineer's Memorandum.
2. Provision of bond guaranteeing landscapi&ig and private improvements for 18 months.
5. Outside storage of waste and waste containers shall be prohibited. Any outside
storage of inventory or products shall be permitted only responsive to the above
PLANNING COMMISSION MEETING MINUTES -7 May 17, 1978
stated conditional use permits and specifically issued for that purpose, and
that the number of vehicles impounded or disabled be limited to a total of 20.Ealltobestoredontherearportionofthelot.
4. Payment of Park Dedication fees -in -lieu of $850.00.
5. Removal from the site of all diseased elm trees at owner's expense.
6: Adjustment of rear parking setback to provide a full 20 feet.
7. Atli. site area shall be either seeded/sodded or asphalt surfaced (all parking
and storage areas to be asphalt)
FURTHER, that variances be recommended for side yard structure and parking setback
as depicted on the site plan due to the unusual shape of the parcel for I-1 use.
Commissioner Threinen explained that per Section 8, Subdivision 3 of the Zoning
Ordinance that it would appear that the conditional use permits would be in order for
the outdoor, storage of vehicles, while the automobile towing and snowplowing uses
would be accessory off-site uses,
MOTION TO AMEND was made by Commissioner Erickson supported by Commissioner Threinen
to add the following as condition #8 "The outdoor storage area for the site be
expanded to 38 feet and that a solid screen fence be used on the north, east and
west sides of the lot. Said screen fence shall be returned to the Commission for
review as to adequacy."
MOTION TO AMEND CARRIED (7-0-0) (All in favor)
The Commission then voted on the main motion as amended,
MOTION CARRIED (6-1-0) (Commissioner Schneider
against)
Commissioner Schneider stated he was against in that he falt it was unrealistic to
think that this operation could operate out of this site due to the scope of the
business proposed and the small size of the lot.
A-652 Gene Paulson 71-652 Conditional Use permit
Staff presented petitioner's request for reconsideration of the Planning Commission's
recommendation for denial of his 'request for conditional use permit renewal for a
used ca-xs sales business in a Q-3 (Service Business) Zoning DistrictofApril 19, 1978,
prior to Council consideration of the matter.
Mr. Jeff Lambert Mr. Paulson's attorney, suggested that miscommunications and
misunderstandings had taken place regarding the request, and it was the desire of
Mr. Paulson to clear up this matter,
The Commission questioned Mr. Paulson regarding his previous conditional use permit
and the commitments he had made regarding the use to take place including removal
PLANNING COMMISSION MEETING MINUTES -8- May 17, 1978
0 k4 4;e trucking operation, storage of trucks on the site parking ipg n the servicedrive, vehicle repair taking place on the site, etc. The Commission also reviewed
with petitioner me number of meetings that had been held and for which Mr. Paulsonhadbeenscheduledfortheagenda, but had never appeared before the Commission.
Three separate occasions were cited where this had happened.
Mr, Paulson stated that other businesses were using the site, for example, ContinentalMotors, and that perhaps they were the individuals esponsible for the problems onthesite, The Commission pointed out to Mr. Paulson that conditional use permits
were granted to the owners of the parcels involved and that the City held the owners
of the property responsible for policing of the conditional use permits granted,
not the tenants of the owners;
The Commission related further incidents of violations to Mr_ Paulson as they had
observed them over the past months.
Mr. Paulson indi^ated that on the occassions he had not been at meetings, he was
not sure that he had received notice from the City that the meeting was to take
place.
MOTION was made by Commission Schneider supported by Commissioner Stewart that
the Planning Commission make the following recommendation to the City Council:
That the Planning Commission reaffirms its position and recommendation of the
April 19,, 1978 meeting, i,e. that the request of Gene Paulson for renewalof a
conditional use permit to operate a used car dealership within a B-3 Zoning
District be denied based on past violations on the conditions set forth byCouncilRLsolution #76-228.
aTION Cbz ,:',IED (7-0-0) (All in favor)
Reports. of Officers, Boards and Commissions
Staff reported that Leonard Bache, representing the Union City Mission, had requested
the City to consider the granting of a conditional use permit for a detoxification
center, to be located in the old structure on the Union City Mission: site in the
southwest quadrant of Zachary Lane and 36th Avenue North. Staff asked the
Commission for a determination as to whether a. publ:- hearing should be held regarding' this conditional use permit.
MOTION was made by Commissioner Threinen supported by Commissioner Schneider that
a public hearing be held regarding the use of the old structure on the Union CityMissionproperty, located in the southwest quadrant of Zachary Lane and 36th AvenueNorth, proposed for use as a de':;*xification center, and that the following home-
owners associations be notified cf said hearing;
a) All homeowners within 500 feet of the entrance to the subject property.
b) All homeowners in the existing Mission Partnership development.
C) Middle East Property lOwners :Homeowners Association
d) AMLAC Homeowners Assocta.trion
PLANKING COMMISSION MEETING MINUTES -9- May 17, 1978
e) Woodcreek Homeowner3 Association
f) Lost Lake Homeowners Association
FURTHER, that !a°id flea,ing be set for the regular Planning Commission meeting of
June 7, 1978 .
MOTION CARRIED (7-0-0) (A11 in favnr)
APPROVED BY PLANNING COMMISSION
IDauid J.,Zavenpor7, Chairman
PlymoutlfPlanninj Commission
Charles E. Dillerud, Secretary