HomeMy WebLinkAboutPlanning Commission Minutes 05-16-1979PLANUNC COW156YO1
CXTY CSP PLYMOUTH
MAY 16, 2979
A regular meetvng of the Plymouth PZaming Comission was called to order by Chair-
titan haimtitanDavenportat7.:35 RV in the City Council Chambers, 3406 Plymouth Blvd.
R9t,,IB=g 1'PMENT. Chairman Davenport, Commissioners Threinen, Barron, Cchne der,
1f4si Uou, E"agZeton
MEL BEDS ABSENT: Commissioner Wre
STAFF PRESLWT Direetm- of Planning, Blair Tremere Community Development Co-
ordinator, Mary Ray Secretary, Meredith .Kram
A,Y. McDonald M Co. 79020 Variance/CNP
Staff reviewed the report dated May 1, 2979, regarding a conditional use permit
for outside storage at 13415 Watertower Circle. There was a:-)ncern by the Com-
mission regarding the amount of ground coverage, whether the site work Was com-
pUted and how much outside . torage was proposed.
S Chairman Davenport opened the public haring.
Mr.. Dick Anderson, 9600 Valley View Road, who has ownership interest, stated they
were within the Ordinance with their request to enclose the parking area with a
Fence of some tyre for approximately 3000 square feet of pipe storage
Mr, Bruce McDonald of Dubuque, Iowa, indicated that he h4d inquired of adjacent
property owners if they mould be willing to sell some of their land so this site
could be expanded; this was not possible. fir. McDonald explained that his major
concern was dete ~.Ruction if outside storage at the east end of the- parking ZL t and
construction of a concrete dock with a ramp was possible.
Considerable discussion ensued regarding the .height of storage, what type of use
the building would entail and possible expansion„
Mr.. David PieZd of 3434 zrei#itage Drive who also represents an ownership interest,
spoke it favor of eche proposal and voted he would rattier see a Mood fence con-
structed than cerin link.
Chairman Davenport closed the hearing at 8:15.
A'.SON by Commissioner Vasiliou seconded by Commissioner Barron to take a. -tion
at this Meeting,
MOTION CARRIED 5-0-0 ALL in favor
Amerz,.cyar FapdZy Foods 79031 Site Plan/CUP
a
BBANAVIG -2- Allay IC, 19?9
Staff. reviewed the report dated may 11, 1979, regarding a condi:ional a se permit
for a "Gazobo Rest want" at Annapol Z :Lane and Highwata 55 Service Road. Consid-
erable discussion evolved ground the definl"tion, of Class 1 and 'Class 2 restau-
rants, ast per the Ordivance. A question arose as to Ary this petition was even on
the agenda if restaurants were neither permitted nor conditional uses on Bw-1
property. Staff statedthat petitioner contended there .s an issu, of Ordi?,=ce
interpretation and, taus, the primary question before the Commission is the
ai,assification of the proposed restaurant. Staff recomerded that if the use were
foumi* to be a CZass 2, fastfood restaurant, the petition should be denied.
Chair=Yvan Davenport opened the public heariria
Mr. Dick .tarsen, architect for the Gazebo, explained at length why he disagreed
with the 02dinanceIs -" f.,*nit .on regarding fastfood restaurants and t,' -,e amount of
food actually conewri W. +. ff the pretenses, He Further rioted the petitioner had two
choices in this situation; apply for a rezoning (which is not deemed feasible
since the City rezoned the land B -T1 (from !-I in accordance with the, guiding not
long ago) or apply for a conditional use permit and site plan approval. He stated
the land was too small for a Class 1 restaurant since it is less thwz one acre.
Considerable discussion ensued reg,,-arding -the interpretation of the Ordinance's
definitions. in addition it tics noted tha& in the petitioner's informational
brochure therI4 were numerous references to the fact that this restaurant was a
fa tfcaodJ` ty c. It was nosed that traffic in this area oas, heavy rlur-gag peak
hours and trit a !-Tie additio•t of a drive -up facility congestion wouZ,. increase.
Mr. Tion Poupard, 5251 Beach Road, the Land owner, -indicated this was not just a
hcanburger joint and it would have 100 seats to accommodate people for eating in.
Mr.. bon t%dho7m,y zee-aresentzng the petitioner, further explained the restaurant
operation. He i.,dicated such foods as turkey drumsticks and lasagne would be
served on open plates and they do not intend to use packaging to facilitate "large
gVantities of tate-out orders. He noted the table turnover would be roughly 1,
times in a 2 hoar period thus indicating it is not comparable to a McDonaZds.. He
stated it would be similar to that of a doss between a Rskin, and an LYnbers. He
noted they would serve breakfast and the hours of operant;+ t would be from 7 AV to
10 RM. Re further stated that the amowit of food preparation and serving time of
about 20 seconds A—)a1d have little bearing on whether it is a fastfood restaurant.
In msponse t,,, a .: uestion regarding the necessity of the drive -up window, Mr..
No ''h,obr7 was nod' a factor in tr:,e failure or success of the restaurant
but. ?I* def4 nitely was an asset
Mr. Rob :Lexvold of Plymouth State Bank expressed concern about the additional
traf "',u- as well as the litter problem on the bank's acUacent property,
Chai laan Va,:,enport directed that a letter dated May 16, 1979, from the Radissvn
Rotel Oorp. be entered :into tete file; ;the letter stated concerns relative to the
propose,,, use
Staff noted that ,d CL.ass 1 (-traditional) type restaurant had been approved for
this site a-proximately 5 years ago brut had not beery developed; thus, the site
could be use•l for other than fastfood type restaurants.
4
Chairman .Cavi?? art closed the hearir g. at 9.15.
MOTION by C"oatarr <^ioner Bohnk ider, secondesi by Commissioner Thhreinen to take action
at-, this meeting.
RUMNCClMISSION MOTES -3- Pay 16,, 197
140T1'0,17 CARRIED 6-0-0 Alt in favor
r 4 -he meeting recessed at 9:25 FM and resumed at 9; 25 PM.
A, 7. McDonald
1410TION by Commissioner Threinen, seionded by Commissioner Barron to recommend the
f044ow ng action; to the Cit;, council.
That the outside storage and do=ck be approved contingent upon s•ste plan
showing extent of areas and screening proposed.
Vwre was discussion concerning the landscape plan coming before the Commission
before approval of the outside storage,
NO TTOW to amend previous motion by Cor issioner Threinen, seconded by Commissioner
Sa.eron that the site plan come back to the Commission h ore going to the Council.
MOTION CARRXE`D 6-0-0 Alt in favor
110TON by Carimissioner Barron., seconded by Commi.srioner Threinen to add the con
ditio" that no manufacturing be permitted on he site,
NOTION CARRYBU 6-0-0 All in favor
MAIN MCTTON AS MIMED CARRIED 5_1..0 Commissioner Jagteton
opposed because outside storage as proposed is not appropriate for this site
Chairman Davenport then gave some direction to b.. McDonald as to what should be
I ncluded on the site plan that comes back befoae the Commission.
American Family Foods
MOTION by Commissioner Threinen, seconded by. Commissioner ,Schneider to recommend
the following action to the City Councils
That thy: condi=tional use permit request for a Gazebo Restaurant be denied for
the .following reasons:
1. Proposed use is within the [Ordinance definition of Class 2 restaurant
2.. Class 2 restaurant is not allowed in B-1 distr4ct
3. Site can be used for Class 1 restaurant;
Traf1is generation and intensity would be excessive for the area;;
S. Petitioner's information indicates a fastfood operation;
6. tlothing in petitioner's information confirms a traditional or Class 1
restaurant.
MOT.Z`OW CARRIED 6-0-0 All in favor
Pair. ,tarsen indicated that the petitioner did not imply that they fit the classif-
ication of a Class 2 restaurant any more than they did a Class 1 restaurant per
Plymouth's Zoning Ordinance.
c'E 14'x` Z O COA 1I,5 Ot' MIYUM,13 -4- Akzy 16, 1979
John F.ulle, 79029VariancelLand Division
Staff reviewed the report: dated May 11, 1979, regarding a variance todivide un -
platted land at 14525 Uth Avenue North.
Mr. .KuUe indicated his. father, WendeU KuZte,, would by speaking on his behalf'.
W-.ndell KulZe stated the property now does not allow the owners to enjoy full rights.
He noted the land is bordered on two sides by school property (which would be dif-
ficult to sell), his oon intends to build and live on the land, and the elderly
relative who owns and resides on the land can no longer take cane of it because of
its size. He furthpr noted lie could see no problem with a passible third lot on
t% -west side in the future even with the width less than Ordinance standards.
After further discussion regarding the precedents set previously and the sizea of
lots that might be-reated in the future, there was a MOTION by Commissioner
Vasiliou, seconded by or Threinen to recommend the following tc the City
Council.
That the variance for lot division and lot width for John Wle be approved
based on the following reasons.
1. The location of the property presents a uniqueness and a hdi°dship being
bordered by a school on two sides
2. Where are special circumstances regarding the care and maintenance of
the property;
3. The lot area exceeds the Ordinance minimum.
1107'JOJt by Commissio-er Barron, seconded by Commissioner Threinen to amend by adding
the fcllowi.ng conditions.
1. CompUance -with the City E'ngineer's memorandum,
2. Payment of pax -k dedication fees in lieu of dedication for one lot per
current Policy at time of fiU4ng
3. Provision for necessary utility and drainage easements;
4, Removal of existing g ,..c7e prior to issuance of building permit.,
MOTION CAWED 5-1-0 Conwiss ones Schneider opposed
AWN MOTION AS ANENDED CARR -TED 5-1-0 Commissioner Schneider opposed
because there was no evidence of hardship within the context of City Code variance
starxkxds .
Burl 0aks 2nd Addition,_ A-792 Final Plat
MOT1'0,V by Commissioner Schne4der, seconded by Commissioner Davenport to recommend
the following action to the City Councils
That the final plat of Burl Oaks 2nd Addition be approved subject to the
following conditions.-
I,
onditions:
1, Compliance with City Engineer's memorandum for this prosect,;
2, Payment of park dedication fees in lieu of dedication based on 30 lots
according to City Park Dedication Policy in effect at time of final
Platting;
FUNWING C0M-a ssio" illrtluxlps -5- May 16, 1979
3. All lots on the northern periphery of the project shall be a minimal of
15,500 sq. ft and this shall be certified in writing prior to filing
lots 9-29)
4, Structure setbacks along Highway 101 shalt be a minimum 50 feet; minimum
utructure setbacks on the internal streets of -the project shall be 35 fo,,+
for front yard and 20 feet for side yard;
5. Private drive acces.3 to Highway 701 steal% be prohibited
C. All diseased or dying trees on the site shall be removed at the owner's
expense,
7. Compliance with City Council policy.Resolutt- . !%4-80 regarding mini?mm,
floor elevations for new structures in subdivicions adjacent to or con-
taining open storm water drainage ,facilities,.
MOT11W CARR2'ED 5-0-1 Commissioner Vasitiou Abstained
R.J, &an Construction Co., ?9032 $ito Plan
Staff reviewed the report dated h1ay .11,1 1:179, regarding an off' ce add#t on for
Antic Enterprises at the northwest corner of 27th and. 28th '&- .noes North,
On a question from Cbtwdssioner Threinen regarding the number of emptgyees Ott dining
this office complex,, 'tr.. Barl Grahn of 14605 25th Avenue North responded hurt
there were approximately 25-30 employees not with an additional .12-15 projected
with the expansion, In addition he noted there were 29 warehouse employees, He
also noted that the nein office building would be two storieshigh=,
t'lr. Ron Ryan of 1141 One Appletree Square spoke regarding the outside storage
need fluctuations and he suggested curbing of the north lot should not be required
since it was not required origina4ly.
Commissioner Threinen noted this petition was for a new building and City policy
required curbing.
Deference was made to slides of the north lot where pavement and sod damage was
evident due to Zack of curbing. Staff noted the north tot would be more heavily
used with t1- use of the new building. After r brief discussion concerning
additional curbing, screeninganz haw-wecl maintained the grounds were. there was
a MOTION by Commissioncr SchneMer, seconded by Comwissioner Th-einen to ,recommend
the following to the ,ity Council:
That the site plan for Artic Enterprises be approved subject to the following
conditions -
1. North parking tot shall be delineated with concrete curbing in accordance
with City policy;
2. Minimum t foot setback from the north side of the existing building to
the designated parking spaces as per original avprved plans shall be
provided by means of a sidewalk or planted green strip;
3.' Approximate 3 font building setback; variance is acknowledged in t e
northeast corner;
4. All waste and waste containers .sha7,Z be stored within the structure;
5. Signs shall not exceed Code requirements;
6. Certain required parking spaces are deferred until such time they are
deemed necessary by the City and at which 'ime additional parking spaces
stall be provided in accordance with City Ordinance and with approved
proof of parking plans.
M0270 CARMED 6-0--4 All in favor,
PLANX INC COE' USSIpN AIMUT98 Azy 16, 1979
Discussion .mems
It was rioted that both lloneywell's landscape plan and the revised landscape plan
for .Sunrise Baty Apartments Mould be coming before the Commission in the near, future.
Regarding the parking and yard setback standards, mention was mads that both the
Comrriission and Cour>cil recommend setbacks but that the Board of Zoning Appea's
was concerned about reducing She standards.
In addition staff thouvht There shouldbe a Mork study session of the Commission
since there would be four u.,eeX- till the next Planning Commi sion meeting. it
was the consensus of the Conntsaion that Wednesday, the 23rd, would be sot aside
for that purpose
Ari roi xZ of Minutes
MOTIOS by Cowzdssioner Azeinen, seconded by Conmissioner Vasiiiou that the minutes
of the May 2 meeting be approved as presented with the addition that a motion was
made respectively regarding the disoussion of public hearing procedures be included
in the minutes*
MOTION CARRIED Corm rtisu over Eagleton abstained.
neYre being no further business to came before the Corn .e -s on, the meeting was
adjourned at 11 M