HomeMy WebLinkAboutPlanning Commission Minutes 08-09-1978I
PLANNING COMMISSION
CITY Or* PLYMOTN, MINNESOTA
August. 9, 1978
A regular meeting of the Plymouth Planning Commission was called to order by
Chairman Davenport at 7:.50 p.m. in the Council Chambers of the Public Works
Building, 14,900 - 23rd Avenue Nort _
MEMBERS PRESENT: Chairman Davenport, Commissioners Barron, Erickson
Threinen and Vasiliou
MEMBERS ABSENT. Commissioners Schneider and Stewart
STAFF PP9_5 .yT:. Blair Tremere
A-503 St. Mary's of the Lake A-505 Conditional Use Permit Renewal
and Amendment
Staff presentee petitioner's request for renewal of'a special use permit issued
under Council Resolution 177-346 for a child day care center at St. Mary's of the
Lake Church, 105 Forestview Lane. Staff also explained that the petitioner was
requesting an expansion of the operation to include the use of room #206 in addition
to rooms #207 and #208, with an increase in number of children to 54 from the
currently permitted 34. Staff explained the item had originally been scheduled
for the duly 26, 1978 meeting, but was deferred since the petitioner was not
present to answer questions,
Kathleen Dayton, representing the petitioner, explained the proposed use and the
reasons for expansion and submitted a letter from the State Department of ubl c
Welfare Licensing Division, which endorsed the proposed expansion. In response
to several questions by Commissioner Threinen, the petitioner explained the
teacher -to -child ratio utilizing a staff of five full -tune and one part-time
person. She stated that there was not a full-time medical staff person, and
that the playground area was fenced.; In response to a question by Chairman
Davenport, she stated that approximately 50% of the enrolled children were
from Plymouth.
MOTION was made by Commissioner Threinen supported by Commissioner Vasiliou that
the Planning Commission make the following recommendation to the City Council
That the request of Kathleen Dayton, for amendment and renewal of a
conditional use permit to operate a day care center at 5t. Mary's
of the Lake Church, 105 Forestview Lane, be approved, subject to the
following conditions:
1. The permit is issued to the applicant as operator of the facility
and is not transferable,
2. The permit is subject to all applicable codes, regulations (including
special State licensing; requirements) and ordinances, and violations
PLANNING COMMISSION MEETING MINUTES -2 August 9, 1978
thereof, shall he grounds for revocation
8. Issuance of the permit shall be subject to receipt of written approval
and endorsement by the appropriate State Agency, and a copy of the
current State operating lic-inse shall be kept on file with the City,
4. The facility shall be limited to not more than 54 children, and
the use of .room numbers 206, 207, and 208,
5. Tha permit shall be for a one year period.
MOTION CARRIED (5-0-0') (All in favor)
A-002 Rauenhorst Corporation A-802 Approval of Joint Pylon Sion
Staff submitted petitioner's request for approval of a joint pylon sign, to be located
in the southwest quadrant of Fernbrook Lane and Highway 55, more specifically, at the
northeast corner of Lot 2, Block "I of the Circle Star Business 3rd Addition (Happy
Chef site), Staff explained that under City Council Resolution 4778.174, which
approved site plans for Judy's Restaurant, which ison the adjacent site to the west,
IS(
Lot 3) it was required that Rauenhorst Corporation bring to the Planning Commision
a master pylon sign plan for all uses to exist in the area.
Staff presented the proposed sign, along with a site plan. It was explained that
a declaration of covenants submitted with the plans indicated the sign was to
be shared by uses on Lots 1-4.
Staff also stated ".oricerns reflected in a -letter to the City Attorney and in
a lett:-r from the City Attorney in response. Regarding the long-term legal
respon;.,ibility for the sign, Staff explained the concern was long-term enforcement
of nr(Jnance sign provisions in the case where a sign on a single property was,
by private agreement, to be shared among four properties; and where by terms of
the private agreement, those parties not using the pylon sign were not held
responsible for it, including, for example, the use upon whose property the
sign existed.
Staff reviewed Council Resolution 78-461 approving the site plan for Happy Chef
Restaurant (A-830) which, among other things, directed that ifthe joint pylon
sign were to be located on the Happy Chef site, Happy Chef was not to share
space on the pylon in consideration of approved building signery. Staff suggested
that there could be enforcement problems in the future with that arrangement, since
legally, the sign xas on Happy Chef property, and Ci'ly enforcement measures could
not be constricted by private easement agreements, since ultimately a property
owner is responsible for structure on his property,,
Chairman Davenport stated he did not feel the problem was as severe as indicated,
and compared the sharing of the sign through declaration of easement with a private
roadway which is used ;by a number of parties who agree to provide maintenance and.
upkeep of said roadway. Commissioner Threinen noted that there have been otnet,
similar signs approved, including one shared by Perkins Restaurant and Cricket
inn Hotel across the Highway to the north.
PLANNING COMMISSION MUTING MINUTES •-3- August g, 1978
O
Robert Worthington, representing Rauenhorst Corporation, explained the terms of
the proposed declaration of easements which would be tiled with each of the four
property owners at time of closing. He confirmed that the agreement stated
that those not using the joint pylon were not responsible for the pylon. Discussion
ensued regarding the dimensions of the sign, which -is to be 30feet in height above
the established floor grade and to contain four 4 foot by 8 foot panels containing
only the name of the restaurant on each panel. Commissioner Barron noted that
the submitted drawing indicated the panels were 4 X 10 and it was the concensus
bf the Commission that that was and appropriate size.
During further discussion regarding Staff concerns about long-term maintenance,
it was suggested that Staff and the City Attorney, as well as the petitioner's
attorney, should pursue language in the declaration of covenants which would
speak specifically to responsibility regardless of pylon sign usage, especially
with ,respect to long-term maintenance and apkeep of the sign.
MOTION was made by Commissioner Erickson ,vjpported by Commissioner Barron that
the Planning Commission make the following recommendation to the City Council',
The joint pylon sign proposed by Rauenhorst Corporation, to be
located in the northeast corner of Lot 2, Block 1 Circle Star
Business Center 3rd Addition, for use by business uses on
Lot 1-4, Block 1 Circle Star Business Center 3rd Addition,
be approved, subject to the following conditions;
1. The maximum height of the sign shall be 30 feet above established
first floor grade of the property.
2. The pylon shall contain no more than four 4 foot by 10 foot two-sided
panels which, if lighted, shall be internally liahtod.
3. The panes shall contain only the: name of the business use of the
respective buisness located on Lots 1-4.
4. Declaration of easement shall be filed: on Lot 1 -4, -Block 1 Circle
Star Business Center 3rd Addition; the perpetual easements shall
contain language approved by the City Attorney clearly establishing
legal responsibility for the sign, with respect to possible future
enforcement of code provisions by the City.
MOTION CARRIED (5-0-0) (All in faror)'
MOTION was rude by Commissioner Tbreinen supported by Commissioner Barron to reconsider
the plan approval for the Happy Chef Restaurant, as contained in Council Resolution
v78-461,
MOTION CARRIED (5-0-0) (All in favor)
iDiscussion ensued regarding item A of the approval relative to use of the joint
pylon sign, by the Happy Chef Restaurant. The purpose of the original action was
to limit the Happy Chef signery to either the proposed sign panels on the roof
or the use of the joint pylon sign; and the specific concern was concentration
of signery for the single ,.se on the particular site. Use of the joint pylon
PLANNING COMMISSION', MEETING MINUTES -4- August 9, 1978
by Happy Chef was restricted as reflected in the approval!, because the Commissionhadyettoreviewtheproposedthejointpylonsign.
MOTION was made by Commissioner Threnen supported by Commissioner Barron thatthePlanningCommissionmakethefollowingrecommendationtotheCityCouncils
That item #4 in Council Resolution 78--461, passed on July 24, 1978approvingsiteplanapprovalforHappyChefRestaurant, be amendedtoreadasfollaws:
Approved signs for the site be per plans Staff -dated July 12, 1978, indicated. "Happy Chef" on the front (north) of the tower, andHappyChef" of 18 inch height along the roof line in blockletters, and the word "Restaurant" indicated along the wallfaceontheeastandwestexteriors, The word "Restaurant"
as shown on said plans, dated July 12, 1978, shall bedeletedfromthetowerarea. The proposed roof signery
consisting of the 18 inch high letters "Happy Chef" shall
be in lieu of a name -plate sign on the proposed joint
plyon sign located on the property; should the owner elect
to use the joint pylon sign, as approved, such jointPylonsignshallbeinlieu f 'L at roof sign;
POTION CARRIED (. Q-p)All in favor
A-552Vern Isham A-552 and
Continued Consideration of
A_/5Q Volo Construction —A::7 -5o Preliminary Plats and ,Medina
Road Alignment
Staff explained that, following the Commission's initial hearing of a preliminary platsubmittedbyVernIshamonJuly12, 1978, and of a preliminary plat submitted VolpConstructiononJuly26, 1978, the feasibility of the Medina Road thoroughfare throughthepropertiesbetweenVicksburgLaneonthewestandNiagaraLaneontheeast, hadbeenreviewedbyStaffandconsultingengineer. Staff explained that., per CommissiondiscussiononJuly26, 1978 it had been determined that the proposed' alignment by bothpetitionerswasconsistentwiththeintentoftheMedinaRoadalignmentapprovedbytheCommissionandCity, Council in 1975.
Staff explained that effective industrial --oriented traffic flow, which would minimizethetrafficimpactontheresidentialsouthof28thAvenue, was the basis for further
recommendation that 30th Avenue east of Vicksburg be eliminated and that RanchviewLaneintersectwithproposedMedinaRoadfromthenorthwhereitpresentlyintersectsHighway55, Staff indicated on the conceptual drawing that additional right-of-wayfromtheIshamplatandtheVolpplatwouldbenecessaryforthissegmentofRanchviewlane. Brief~ discussion ensued regarding the existing dedication of Ranchview Lane
north of 28th Avenue and it was roncluded'that this segment would not be necessaryandcould; eventual?y be vacated,
Don Anderson, representing Volp Construction Co., stated objection to the concept of
Ranchview Lane extending from the north to an intersection, with proposed Medina RoadandhecommentedthathebelievedtheareacouldbewellservedifRanchviewendedin
DJ,ANNING COMMISSION MEiEIING MINUTES: -5- August 9,. 1978
a cul-de-sac at approximately 30th Avenue North. Commissioner Erickson stated
that he sdp,orted the recommended connectioi, )f Ranchview Lane with the proposed
Medina Rood-alignment in that,, it pias an evident, vital link for proper
industrial traffic throue'out the. area.
MOTION was made by Commissioner 'IF-hre nen supported by Commissioner Erickson
to recommend approval of the Medina Road thoroughfare concept plan as presented
per the submitted preliminary play=; submitted by Vern Isham and Vclp Construction
Company, with the following am4odm.1tots:
Eliminate 30th Avenue between Vicksburg Lane and Ranchview Lane;
Extend Ranchview Lane south of 30th so as to intersect with
proposed Medina Road. It was also moved that the impact
of the proposed Medina Road alignment as it intersected
with 28th .Avenue near Niagara Lane, upon the Food Engineering
Corporation property, be thoroughly reviewed and minimized
as much as possible.
In further discussion,, Don Anderson, of Volp Construction, restated his
objection to the need for Ranchview Lane and an intersection with proposed
Medina Road on the basis that it did not clearly serve his property.; Mr.
Vern Isham was recognized and stated that he did not have a problem with
dedication or the proposed rights-of-way at this time.
Chairman Davenport called for a vote.
MOTION CARRIED (5-0-0) (All in favor)
A brief review of the submitted preliminary plats ensued and Staff suggested
that input could be given to the petitioners as to certain design features
of the respective plats, which would be returned at a subsequent meeting.
With respect to the proposed Isham Industrial Park, the Commission endorsed
the proposed landscape and buffer t;°eatment along 28th Avenue, consistincd
of a 75 foot greenstrip, and the petitioner was also requested to minimize
the number of access points onto 28th Avenue and onto Vicksburg Lane. With
respect to the proposed Volp Construction plat, the petitioner was directed
to eliminate the indicated outlot Aand to adhere toanearlier plan approval
for the same site wherein only one access was permitted onto Niagara Lane.
MINUTES OF THE PLANNING COMMISSION MEETINGS
MOTION was made by Co,7missioner Barron supported by Commissioner Vasiliou that
the :min.ttes of the July 12, 1978 Planning Commission meeting be approved as
7,ubmitted.
MOTION CARRIED (4-0-1) (Commissioner Erickson
0 abstained)
PLANNING COMMISSION MEETING MINUTES August 9,. 1978
i
MOTION was made by Commissioner Vasfliou supported by Commissioner Carron to
approve the minutes of the July 26a 1978 Planning Commission meeting as submitted,
MOTION CARRIED (4-0-1) (Chairman Davenport
abstained)
Chairman Davenport adjourned the meeting at 10;10 p.m.
APPROVED BY THE PLANN`.. 1OMMISSION
4th'
David J. Da nport, Ch n
Plymouth annirtg Comm sion
Blair Tremere, Secretary