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HomeMy WebLinkAboutPlanning Commission Minutes 08-22-1979t PLANNING COMMISSION CITY OF PLYMOUTH AUGUST 22, 1979 A regular meeting of the Plymouth Planningg Commission was called to order by Chairman Schneider at 7;35 p.m. in the City Council Chambers, 3400 Plymouth Blvd. MEMBERS PRESENT:; Chairman Schneider and Commissioners Barron, Vasiliou, Carson and Wire MEMBERS ABSENTt Commissioner `1'hreinen STAPH ENT-. Planning Director Blair Tremere, Public Works Director Fred Moore, Community Development Coordinator, , Mary Ray. Pfl aumwel 1 , Inc. 79026) Rezoning/Preliminary Plat/CUP for Quail Ridge RPUD Ban Con Inc 0'9046) Rezoning/Preliminary Plat/CUP for Amhurst Chairman Schneider announ--.3d that public hearings had been scheduled for the two residential planned unit deveiopments as proposed north of County Road 9 and east of Vicksburg Lane, He stated tLat the following procedure would be followed: A staff report would be presented on each followed in turn by comments from the petitioners, with a public hearing to be held afterwards. He stated following the public hearing, the Commission would act on the: petitions indicidually. Staff reviewed the August 22, 1979 report regarding Quail Ridge RPUD proposed by Pflaumwell .Inc., and referred to City Council Resolution 79-317. Staff explained the petitioner was requesting approval for 299 single family detached dwellingunitsandthreeoutlots, one of which is proposed for city park purposes He stated the size, of the development was 173.4 acres and the proposed gross density was within the 2.4 unit per acre 'rate which would be allowed for a development of this size. Staff indicated two issues which required resolution were determination of actual park needs based upon useable and suitable land for public park purposes; and; 'the Council directed issue of a collector from County road No. 9; Staff recommended that the outlots shown on the east and west sides of the project be incorporated into the development as part of the single family residential lots since neither area was required for park dedication purposes, Mr. Dick Knutson representing the petitioner noted that the overall density for the project was less that; two units per acre although density within particular phases might be slightly more. Mr. Knutson stated that Outlot A is in the land registration {torrensjprocess and that. the County has expressed an opinion at the prasent time that the area is within the public domain and cannot be classified as an outlot or be incorporated into the adjacent lots. Mr. Knutson stated a final determination should be made on that area in the next several months. 2 - Planning Commission Minutes August 22, 1979, Mr. Knutson staged that Outlot B could perhaps be developed as a private "ball field" gover eid by a homeowners association, or the lots could be platted as part of the adjacent single family lots. Mr, Knutson stated that the north park area or third outlot was considered to be iti compliance with the direction received earlier from the Park and Recreation Ad.vi'sory, Commission. Mr. Sherm Goldberg representing the petitioner stated that the park area met with the direction from the Park Commission and from the City Council. Staff responded that the concern was that land to be dedicated for public. park purposes be suitable and useable and not substandard land, subject to flooding. Mr, Goldberg stated that the petitioner believes the proposal responds to the Council direction regarding the collector street in that the petitioner "considered it but concluded that such a collector was not desirable. He noted subsequent Council discussion regarding this subject in the direction received from a Councilman relative' to establishing a priority for determining street needs in this area particularly with respect to this development. Mr. Goldberg also stated that the petitioned had contacted the .Department of Natural Resources relative to the ponding areas and that the petitoner feels that the requirements of that ardency can be complied with within the plat design In response to a question to Mr. Goldberg, Chairwan Schneider stated that the density determination for the project was 2.4 units per arse, exclusive of wetland. Mr. Goldberg stated concerns with the Engineer's memc. Mr. Moore, relative to rc .ommendati on number 8, stated that there was a .need to serve the area south of Turtle Lake other than from County Road 9 and thus it was recommended that a street be extended to the west plat line in the area of 42nd avenue North Chairman Schneider recognized Mike Pflaum who stated concern with Staff comments as to possible deferral of the petition and he noted that the development to 'the north was dependent upon this one and thus encouraged no delay. He requesved Commission actin on the item so it could go before the City Council. Staff reviewed the August 21, 1975 report on the Amhurst RPUD explaining that the Petitioner proposes 370 dwelling units which includes 76 quadraminium units on: approximately 146 acres north of the (wail Ridge RPUD. Staff indicated that the proposed number of units and resulting density exceeds the approved density for this project by 20 units based upon the City Council direction that the density be exclusive of the wetland area. Staff explained that it had, been determined 10.18 acres are classified as wetland and thus density at the approved 2.58 units per acre was calculated on approximately 136 acres. Staff stated other concerns included the road design and pot5ritial future roads including 49th Avenue North at the north end of the property, and the provision for public park at the south portion -of the property. Hans Hagen representing -the petitioner stated that the density difference between the Staff calculation :and between petitioner's cal cul ati ori was critical from an economic standpoint. He stated that the "pond" area on the preliminary plat had: Planning Commission Minutes August 22,, 1979' been calculated at 6.5 acres and that the proposed number of units was within the density calculation using that as the wetland base. He indicated there was some question as to which elevation should be used to determine tete highwater mark for wetland purposes. Staff= explained that the established 100 year highwater hark was elevation 963•, whereas Mr. Hagen was referring to a different elevation, Mr'. Hagen stated the issue is one of appropriate density credit: and noised a comparison with other areas whida did not have ponding requirements, such as that i' land to the north, which in effect would be utilizing the ponding within the subject development. He stated that question was one of fairness and equity where one developer would get full benefit for all buildable land and another with a comparable project would be penalized. He stated that fewer lots would mean higher housing costs. Chairman Schneider stated that the City Council and Planning Commission had stated concern that other planned unit developments approved in recent years resulted in dense buildable lots with a low amount of open space, exclusive of needed ponding areas. He suggested that perhaps the proposed development could provide additional useable open space throughout the development as suggested by the: Ordinance PUD standard since that was the intent of excluding the wetland area for density calculation purposes, Mr. Hagen commented as to the designated park area at the south portion, recalling the review by the park and Recreation Advisory Commission in conjunction with the Quail Ridge development to the south. He stated that a centralized park was deemed desirable and that this was a somewhat unique area at least in terms of development timing with two major projects. Mr, Hagen commented as to Staff remarks regarding trails especially west of the ponding area, and indicated that area would be stabilized, He also stated that the Trailway should be dedicated as part of the trail corridor plan and riot be provided by private easement Commissioner Barron inquired what the Park and Recreation Advisory Commission had reviewed and recommended. Staff reviewed the June 7, )979 PRAC Minutes relative to the issue of parks. Staff stated the essential issue was not so much location of the park but the nature of the Land to be dedicated, namely suitable ana useable land and not marginal or substandard land. Chairman Schneider opened the public hearing on both proposals. Mrs. Hytian, 1030 Kirkwood Lane statedthat she represented the ownership of land adjacent to Fernbrook Lane and inquired as to the eventual extension of Fernbrook Lane. 4 - Planning Commission Minutes August 22, 1979 Mr. Flliot Brebner stated he was a member of the ;Dist. 284 School Board and that he was Concerned with the population growth in the area and that at pro sent the: e. was not an elementary school in this immediate area. He stated that as a private citizen he had concerns as to the provision for a community play fieli i'i1 the City north of Highway 55. Mr. Glen LaBorde Jr., 4430 Vicksburg Lane stated that he owned land north of Turtle Lake and was concerned with the 80 foot wide lots in the Ban Con development along his north property line. He stated lie 'Felt that the lot width detracted from the open character in this area, Mr. Ran Holden, 4115 Fernbrook lane stated concern with ponding and the retention of storm water in the area. He stated that he; assumed Ban Con would only be filling areas to a minimum amount and would not be creating drainage problems. There being no further persons to be heard, Chairman Schneider closed the public hearing. MOTION by Commissioner Vasiliou, seconded by Commissioner Larson to act on petition No. 79026 submitted by Pflaumwell, Inc, at this meeting, MOTION CARRIES 5-0-0 All in favor MOTION by Commissioner Barron, seconded by Commissioner Wire to act on petition No. 79046 as submitted by Ran Con, Inc, at this meeting, MOTION CARRIED 5-0-0 All in favor The meeting recessed at 9:30 p.m. and resumed at 9.35 p.m. Pflaumwell, Inc. 79026 MOTION by Commissioner Barron, secondQd by Commissioner Wire to make the following recommendation to the City Council. That the request of Pflaumwell, Inc. for Quail Ridge RPUD rezoning, preliminary plat, and conditional use permit be approved subject to the following conditions: Compliance with the City Engineer`s memorandum, 2. Incorporation of the west area shown as "Out1'ot A„ into the adjacent single family lots, if it is not classified as public water, with appropriate drainage easements, 3. Incorporation of the east area shown as "Outlot B" as the adjacent single family lots with appropriate drainage easements to be granted. 4. Completion of the required environmental assessment worksheet process prior to final platting. 5. Consideration of a 36 food wide internal collector from County Road 9 to northern boundary of the plat, without perpendicular intersections 5_ Planning Commisson Minutes $^., just 22, 1979 3. Collector trail provisions through the easterly portion of the site. 7. Park dedication for a neighborhood park in accordance with City standards., with credit granted for trail and park in accordance with the City policy criteria for suitable and useable land. 8. Compliance with City policy resolution 79-80 regarding development containing or adjacent to storm water holding areas. 9. Ithica Lane shall be provided with a cul-de-sac. MOTION by Commissioner Wire, seconded by Commissioner Barron to amend the main motion as follows; Add to Item Number 7: final park needs and designs to be responsive to recommendations of the Park and Recreation Adviso7-y Commission and should be reviewed by PRAC prior to final platting. 10 Approved maximum density shall be 2.4 units per acre exlusive of wetland areas, as determined by the City Engineer. MOTION CARRIED 5-0-0 All in favor Chairman Schneider called for a vote on the maim motion and indicated that the items should be scheduled for the City Council only after receipt of the environmental assessment worksheet and the Council -directed area traffic analysis_. MOTION CARRIED 5-0-0 All in favor, Ban Con ,Inc. (79046) MOTION by Commissioner Wire, seconded by Commissioner Barron to make the following recommendation to the City Council That the request by San Con, Inc. for approval of Amhurst RPUD rezoning, Preliminary Plat and Conditional Use Permit be approved subject to the following conditions:. 1 Compliance with the City Engineer's memorandum. 2. Approved, maximum density shall be 2.58 units per acre exclusive of the 10.18 acre wetland area for a maximum total of 350 dwelling units. 3. Completion of the required environmental assessment worksheet process prior to final platting, 4, Collector trail provision through the west and north portions of the site shall be made outside of wetland areas and in accordance with the City Trail Corridor Use Plan. 6- Planning Commission Minutes August 22, 1979 5. Park dedication for a neighborhood park in accordance with City standards, with credit granted for trail and park consistent with the City policy for suitable and useable land; final park needs- to be consistent with the recommendations of the park and Recreation Advisory Commission which should review the plans prior to final platting. 6. Compliance with City Policy Resolution #79-80 regarding development containing or adjacent to a storm water holding area. 7. Street name shall be in accordance with adoptive street name policy, 8. Access shall be provided from the west portion of this project to the property to the south as approved by the City Engineer. MOTION by Commissioner Barron, seconded by Commissioner Vasiliou to amend Item Number 2 of the main motion to read as follows: Maximum approved density shall be calculated at a rate of 2.58 units per acre times the gross acreage exclusive of the wetland aroma as determined by the City Engineer. Commissioner Barron stated that the intent of the amendment was to recognize the apparent dispute as to the appropriate elevation for determining the wetland.. MOTION CARRIED 5-0.0 All in favor Commissioner mire stated concern as to the location of the trail corridor in that it appeared some of it was within the wetland area.. Commissioner Barron offered a motion to add a 9th condition: that the trail corridor be part of the private homeowners association and should be dedicated for public trail use with the responsibility for maintenance of both sides of the trail by the homeowners. The motion failed for lack of a second. Extensive discussion ensued as to the maintenance of public-owned versus private-owned trails. Relative to the 8th condition, Mr. Hagen presented a graphic as to access the property to the south Discussion ensued involving the City Engineer who (:Xplai`ned City concern that the number of intersections onto the major thoroughfare, Vicksburg Mane, be limited. Chairman Schneider called for a vote on the main motion as amended. MOTION CARRIED 5-0-0 All in favor Midwest Brick and Supply Co_. (79060) Conditional Use Permit & Site Plan Staff introduced the item and reviewed the. August 17, 1979 report. Slides were shown of the site and discussion ensued as to the amount of outside storage and screening of the entire site. Mr, Jack Murphy and Mr. Del Erickson described the proposed u4;e and Mr. Ericksot commented as to the staff report and recommendation. 7 - Planning Commission Minutes August V 1979 Mr. Erickson stated that the outside storage area would be unpaged so that the pallets do not freeze to the surface. He stated that curbing was ubed around driving and parking areas except at the northwest corner of the parking lot which was a loading and unloading area from the storage yard'. Staff stated concerns about the edge of pavement deteriorating at the point of transition to the unpaved storage yard, Mr. Erickson explained how City water would be brought to -the building and that it appeared City sewer could be provided from the east- frontage road. He explained the storm drainage plan and the proposed use of an exie.ting ditch on the west side of the railroad spur, Mr. Erickson stated that fire hydrants and fire lanes would be in accordance with City Code Mr. Erickson and Mr. Murphy stated concern: with the recommendation that the Conditional Use Permit, be for one year; staff Mated the intent was to direct a review of the site usage so that the unpaved storage area could be evaluated. Mr. Erickson also stated that a five foot high spruce tree was proposed rather than a six foot because of an expected higher surv-ival rate given "the quantity and location of the proposed trees. The Commission reviewed the landscape plan and commi,iented as to the type of plantings and size: Chairman Schneider opened the public hearing and recognized Mr. William Flattem representing; Polaris at 1225 North County Road 18. He stated concerns with dust generation if brick manufacturing was involved and the petitioner responded that no manufacturing activities were involved. Mr. Flattem suggested that the proposed security fence around the site could be higher to prohibit unauthorized access and vandalism. Chairman Schneider stated that a 10 foot security fence perhaps covered with a vegetative material such as ivy would be more appropriate. Mr. Murphy responded that C their present location in St. Louik Park (for 17 years) no fence had been used at all and there had been no vandalism problems. Mr. Murphy objected to the fence height other than six feet, Chairman Schneider closed the public hearing. MOTION by Commissioner Vasiliou, seconded by Commissioner Barron to make the following recomraenda, ,, to the City Council: That thi.,g request of Midwest Brick and Supply Co, for a Conditional Use Permit and Site plan approval for an office/warehouse facility with outside storage located at the southwest quadrant of County Road 18 frontage road and the Chicago northwestern Railroad tracks be approved subject to the following conditions: 1 Compliance with the City Engineer's memorandum, 2, The Conditional Use Permit shall be reviewed in two years for purposes of evaluating the impact of the vehicu'l'ar -traffic on the Class 5 surface arz)a proposed in the storage area. M Planning Commission Minutes August 22, 1979 3. Landscape plan shall be amended to reflect landscape treatment in the area of existing vegetation that would provide for more permanent! screening. All decidous trees shall be a minimum 2-," diameter and all evergreens shall be a minimum 5 feet high, t 4. The turning radius in aisle widths per Eagineer standards -that would allow the unobstructed circulation of emergency vehicles in the brick storage area, 5. Sign location and size in accordance with ordinance standards 6. Payment of Park dedication fees in lieu of dedication in accordance with the City policy, based upon verified acreage 7. Required landscape guarantee shall: be termed for 24 months. 8, No building permits to be issued until approved lot divisions/ onsolidation is filed with the. County, and until sanitary sewer is physically available to the property. MOTION by Commissioner Barron, seconded by Commissioner Wire to amend the main motion with the addition of a 9th and 10th condition as follows: 9; Hydrants and fire lanes shall be in accordance with City code and recommendation of the V . , chief. 10. A concr.te apron at least six feet wide shall be installed between the parking lot and the unpaved storage area. MOTION CARRIED 5.0-0 All in favor MVION by Commissioner Barron, seconded by Cemmissioner Vasiliou to amend the main motion with an addition of a llth condition 1.1. Climbing ivy shall be plarted around the uerimeter security fence to ultimately provide an opaque screen. MOT011 CARRIED 5-0-0 All in favor MOTION by Chairman Schneider, seconded by Commissioner Barron to amend Item #1 of the main motion to provide far evergreen trees to be a minimum of six feet high. He ` stated that he did: not want to change the Commission standard for minimum height of evergreens with this particular petition considering the height of the outside storage.: MOTION CARRIED 5-0-0 All in favor Chairman Schneider called for a vote on the main motion MOTION. CARRIED 5-0-0 All in favor 9 - planning Commission Minutes August 22 079 Commissioner Earron stated that the basis for the variancesinvolvedsuch as not paving the outside storage area would be the uniqueness of the use,, Commissioner Vasiliou stated there was precedent for outside storage where little vehicular traffic was involved. Edward Slipka (79063) Conditional Use Permit i Staff reviewed the report of August 17, 1979 and showed slides of the property, Staff stated that a letter dated August 21 1979 had been received from Mr. Douglas Vendel, 455 Black Oaks Lane in opposition to the request. Chairman Schneider recognized the petitioner who presented letters from Mr. Gordon Rabens, Mr. Dave Fackler and Mr.. Robert Morris stating no objection to the proposed use. Mr. Slipka explained the nature of the use and the size of the strxicture used to house them:. He stated the use involved 11 pair of breeding pigeons which annually wo11'4d produce 30 to 40 young pair. He staked the birds were racing pigeons and e was not in the business of raising and selling pigeons but rather it was a for him and his .son.. Chairman S6nei der opened the public hearing, Elliott Brebner, 16315 - 9th Avenue Plorth stated he had no objection to the proposed use. H.. C. 'Benson, 16425 - 9th Avenue North stated that he abutted the property and that he did have concerns with problems presented by the proposed use. He stated the mein concern was with the economic impact on his property; primarily to the size and design of the accessory structure which had been built over time. He stated the structure had.been expanded several times and recently construction had begun again. He stated there were covenants on the properties in the subdivision and he was concerned that proposed use was not consistent with them, Mr. Benson inquired as to how temporary the structure was considered to be when if ever it would be removed; other .possible uses that could be introduced into the structure, whether further additions would be permitted, whether the City actively policedthe use; and how he could be assured his property rights would be protected.. Mr. Benson stated that it was impact upon the urban environment of the neighborhood anti consequently upon land values. He stated he could only support the proposed use with the assurance of some restrictions. Mr. tion Dezenski, 16320 - 5th Avenue North stated he had no objection. Mr. David McCarty, 16405 -9th Avenue North stated he had no objection. Staff commented as to the need for building permits and that enforcement of private convenants in subd4visions was a civil matter among the property owners in the subdivision. Staff explained that Conditional vs.es or any other kind of use in violation of City ordinances were subject to enfoocement,under the City ordinance. 10 - Planning Commission Minutes August 22, 1979 Chairman Schneider closed the public hearing. MOTION by Commissioner Wire, seconded by Commissioner Schneider to make the following recommendation. to the City Council; That ,the request of Mr. Edward Slipka for a Conditional Use Permit to conduct an agricultural use i nvo`Lvi ng the raising of pigeons at 16415 -- 9th Avenue North to be approved subject to the following conditions, 1. 'The pigeons shall be contained in. art approved shelter on the lot, 2. Tlhe pigeon shelter and the. surrounding areas shall be maintained, in a sanitary, manner. 3. Pigeon "manure shall not accurnaiiul'ate on the site. 4. Annual renewal of the Conditional Use Permit: 5; No new constructionwithout appropriate building permits, 6. There shall be a maximum of 60 birds at any given t,me; MOTION CARRIED 5-0-0 All in favor Hintient,hal-Kyalness (A-311) Conditional Use Permit Renewal and Site Plan Revision Staff reviewed the August 17, 1979 report and the history of the outside storage use and the changing character of the uses in the main building which has resulted in an overflow of parking from the site. Chairman Schneider recognized Mr. Jim Merila representing the 'petitioner who distributed written comments regarding the request, He stated that essentially the petitioner was proposing that removal of pipe storage from the parking areas, the expansion of the outside storage area,, and the addition of parking spaces on property owned by the petitioner including the adjacent site to the west. Mr. Merila explained that the pipe outside the storage area had been sold but was not delivered due to constrc[cticn problems elsewhere; stated that the owner antic;pated that the pipe would be shipped in the near future. He also explained that Adams Supply Co. awned the pipe and was a tenant in the building. He stated that Mr. Kvalness was chairman of the board of Adams Supply and also 1j3 owner or the building. Regarding parking; lo-,,,, setbacks Mr. Merila explained that existing ero lot line setbacks on the aorto side and along the building were in accordance with approved; 1973 plans upon which building permits had been issued, He explained that certain amendments covered b`7 the City Council in 1971 had been reflected on the 1973 plan, Staff verified the relationship between the 1971 and: 1973 plans; Mr. Merila stated that the petitioner was proposing a continuation of the existing approved use which did reflect certain nonconforming characteristics Planning Commission Minutes August 2, 1979 Mr, Merile stated that the petitioner would provide marker posts along the ramp but that solid barriers were not desireable since the ramp was used for periodic loading and unloading from railroad cars. Mr. Merila explained that the landscaping reflected on the plans was existing, and that no new plantings were proposed other than sod restoration. He stated that there was a need for cleanup and the petitioner was in the process of accomplishing that As to staff recommendation for removal of the rental dwelling on the adjacent property to thf west, and consolidation of the adjacent parcel with the main building property, Mr. tierila stated that the petitioner desired not to remove the house at this time and not to consolidate the properties at this time.: He stated the petitioner was willing to put a legal covenant -on the adjacent property to encumber its use for accessory uses including parking to the main building. Staff responded that subject to approval by the City attorney, this could be an acceptable alternative but that ultimately formal consolidation of the properties woui -1 be in order, Mr. Merila presented an aerial photo of the property and recent photographs of the site. Mr. Kvalness, one of the owners, stated he had no=thing to add. Staff noted that the submitted plans indicated grading of the new parking and outside storage areas would be accomplishi;d this year but that paving would be accomplished next year. Mr, Merila stated it was the petitioner's intent to accomplish the grading and paving at the same time, MOTION by Commissioner Vasiliou., seconded by Commissioner Larson to make the following recommendation to the City Council. That the request of Hinnenthal-Kvalness for renewal and revision of the outside storage Conditional Use permit and for revision of the approved site plan for the office/warehouse/manufacturing building at 9700 10th Avenue North be approved subject to the following conditions: 1. All driving and parking areas will be paved in accordance with the City Engineer's memorandum and with City ordinances 2. A variance granted to allow -the fence to be up to 10 feet in height. 3. The area around the fence on the northwest and south side of the storage area shall be planted with a dense climbing ivy so to provide an asthetic opaque screening of the stored materials from the adjoining properties. 4. All open storage on the site of the principal building shall be removed to th- approved screened area or kept within the building. 5. The permit shall be for a period of two years at wini ch time it shall be reviewed with the intent that, if the violation condition still exists, more permanent arrangements shall be made for storage of the pipe and other materials. Planning Commission Minutea. August 22 1979 6. The required: site performance financial guarantee shall be termed for 24 months. MOTION by Chairman Schneider, seconded by Commissioner Wire to amend the main motion with the addition of a 7th and 8th item. 7. Safety markers shall be erected on the edge cif the ramp at the rear of the building., 8. No other otitside storage other than the pipe and related products i within the fenced area shall be permitted. MOTION CARRIED 5-0-0 All in favor MOTION by Commissioner Wire, seconded by Chairman. Schneider to amend the main motion with the addition of a 9th and 10th condition: 9. A rastrictive covenant, as approved by the City attorney shall be filed against the adjacent property to the west encumbering that property to serve accessory parking and storage uses for the main site, 10. The entire property shall be cleaned 'and debris and refuse material skull be removed. POTION CARRIED 5-0-0 All in favor Discussion ensued regarding the period of time cited under Condition #5, Commissioner Wire suggested that it should be reviewed within a year to evaluate the effect of the outside storage expansion. EMOTION by Coimnissioner faire, seconded by Commissioner Larson to amend the main motion condition #5 to: provide for review of the Conditional Use Permit in one year. MOTION CARRIED 5-0-0 All in favor Chairman Schneider called for vote on the main motion* as amended. MOTION CARRIED 5-041 All in favor L. lel. Samuelson (79038 Site Plan Approval Staff introduced the item and reviewed the August. 17, 1979 staff report involving the 3,4.32 square foot addition to the Hunder Clinic ,at 1025 ,'vergrcen Lane. Staff explained that an earlier request this year had been denied und;r Resolution 79-348 because of the .variances involved ,,ad the nature of the proposed use and its impact on the neighborhood. Chairman Schneider inquired whether notices had been sent to the neighbut-ing property owners staff responded in the negative since the ordinance does not require notices for site plan review and since neighboring property owners had been presentt at the last City Council meeting when the petitioner was told a plan without variances would be considered. Manning Commission Nmutes August 22, 1979 Staff noted that there are several dimensional variances relative to driveway widths and ynarking lot setbacks. Chairman Schneider recogniz^' Dr.. Hunder and Mr.. Samuelsotl who reviewed the proposed plan and who 'indicated that the noted variances could be eliminated and the site plait corrected to be within ordinance standards. R g.zrdinq landscaping, Mr. Samuelson stated it was the intent to retain the berming on the east side of the poperty and to develop that area in the same character as the existing treatment Commissioner Wire stated concerns with the screening effect on, the east side and whether a berm alone would be sufficient. Mr. Samuelson responded that there was a concern with creating sight distance problem. Commissioner Wire inquired as to the statewntit on the. plans that the screen fencing on the west, and north sides would be resolved with the neighbor;.; Lir. Hunder stated that he had been discur,'sing the matter with the immediate neighbors and hnoe to tach a concensus as to the type of fence. Staff indicated that the typo of Fen ing should be determined by the Planning Commission and not left to future determination between the petitioner and neighbors unless the Commission directed that such a meeting occur with the results to be reported to the Commission. MOTION by Commissioner Barro:i, seconded by Commissioner Wire to mage the following recommendation to the City Council: That the request by L W. Samuelson for Dr. Hunder for site plan approval for an addition to the existing clinic at 1025 Evergreen Lane be approved subject to the following conditions 1, Compliance with the City Engineer's memorandum. 2. Prop{ision of site performance financial guarantee for 150% of the estimated cosi; for improvements, termed for 24 months. 3. Installation of B612 concrete curb and gutter around all driving and parking areas per City policy, 4. No additional variances be granted; the parking area and private drive northwest and east of the proposed addition shall be revised to conform with ordinance parking and setback requirements the main, driveway shall be widened to ordinance minimum. 5. An opaque 5 foot high vertical board fence with 6 x 6 inch uprights 1:0 foot on center shall be erected along the west and north property lines. e. No permits shall be issued for additional signs without the submission of detailed sign plans, 7. A3:1 slope berm on the east side, from the present berm to within 40 feet of the new driveway shall be installed and sodded. 14 - Planning Commission Minutes August 22, 1979 8. Five additional 6 foot high evergreen gees and 3 additional2%"' decidous tree, shall be planted along the south property line. MOTION by Commissioner Wire, seconded by Commissioner Vasiliou to amend the main mottion with the addition of a 9th condition. 9. The berm on the east side shall have nine 6 foot high evergreen trees planted 10 foot on center along the beton in addition to the indicated landscaping. MOTION CARRIED 5--0-0 All in favor MOTION by Commissioner Barron, seconded by Commissioner Schyieid'er to "amend the ;rain motion ''gay the addition of a 10th condition:. 10, The proposed retaining wall on the east side shall be extended along the new section if the berm MOTION CARRIED 5-0-0 All in favor Chairman Schneider called for a vote on the main motion as amended, MOTION CARRIED' 5-0-0 All in favor Richard Dempsey (A-515) Amend Final Flat Approval Staff introduced the item and reviewed the Autgust 17, ;979 staff report regarding approved yard setbacks foto the Medicine Ridge Subdivision east of Medicine Lake Boulevard,. west of Quaker Lane and south of 2661 Avenue North. Staff explained that the subdivision had been approved under standard subdivision requirements almost five years ago and that to date no structures had been built. Staff explained that the setbacks which had: been approved called for 50 feet for front ya)'dsj whereas present ordinance provided for 35 foot front yard setbacks on local streets and 50 foot setbacks on thoroughfares. Staff explained that the petitioner, who acquired the property from the original developer, was seeking 35 foot front yards and 10 foot side yards throu5hout the subdivision Staff statLd that the 4ssue-before the Planning Commission. was one of established setback standards for the plat as a whole, and not for individual lot setbacks for particular structures Discussion ensued regarding the new developmentin the area and that new structures on recently platted lots should be designed to fit the lots within ordinance standards, Chairman Schneider recognized Mr. Dempsey who stated that he desired to be able to respond to his. buyers' desires. He stated the original developer had not contemplated actual construction on the lots and therefore had not been particularly concerned about the setbacks. 15 - Planning Commission Minutes August 22, 1979 Richard Coon, 4082 Flagg Avenue North stated that he vias, a prospective buyer if one of the lots, showed his house plans and explained his desire for more rear yard area rather than a large front yard. Mr. Robert Schreck, 4716 Hillsboro Avenue North, stated he also was a prospective buyer and that he felt the relatively small back yard resulting from his proposed house ;and the required 50 foot front yard was not reasonable. Mr. dares Galoyan, 11429 55th Enlace, stated similar concerns and stated he was also a prospective buyer, He indicated that he desired more rear yard than front yard and ghat the house he proposed would not permit that given the setback requirements for the front. Chairman Schneider stated that the issue before the Commission was one of setback standards throughout the subdivision and that it was not appropriate for the Planning Commission 'to rule on individual setback variances which must be based upon uniqueness and hardship. He stated such individual variance request should be taken to the Board of Zoning Adjustment. MOTION by Commissioner Barron, seconded by Commissioner Vasiliou to make the following recommendation to the City Council: That an amendr ent to the Medici rye Ridge plat be. approved so to permit application of current City ordinance standards (50 foot yard setbacks along major thoroughfares; 35 foot front yard setbacks along local streets, and 15 foot side yard), subject to the following: 1. The 4 foot front yard variances approved by the City Council under Resolution 174-506 for Lots 5, 10 and 11, Block 1 and Lot 14, Block 2 be continued; 2, That turnaround driveways be provided on Lots 2 through 6, Block 2; and on Lots 2 and 14, Block 1 per original City council approval_. 3. That Lots l and 2 of Block l be allowed a 35 foot setback for one street side yard in consideration of the "double frontage" on Pilgrim Lane, MOTION CARRIED 5--0-0 All in favor Staff indicated that should the petitioner feel variance standards for indlividual lots could be established, those could be taken to the Board of Zoning Adjustments and that the Building Official would be informed. Such requests may be forth -coming at the September meeting which is scheduled subsequent to the City Council meeting. Vernon ireatz A-724 Conditional Use Permit Chairman Schneider waived the review of the August 17, 1979 staff report in consideration that no one but the petitioner was present. 16 - Planning Commission Minutes August 22 1979 Mr. Kreatz stated that the operation was the same as originally approved and that he had not been aware that formalrenewal was necessary until notified by the City. Chairman Schneider stated that none of the notified property owners were present. MOTION by Commissioner Wire, seconded by Commissioner Barron, to make the following i•ecommendation to the City Counci 7 That the request of Vernon Kreatz for renewal of a Conditional Use Permit to operate a home occupation at 16735 County Road 6 be approved subject to the following conditions 1. Review, of the Conditional Use opeiatlon' every two years. 2. Approval of turpentine and chemical storag,'by the fire marshall. 3. Compliance with all constraints of the home occupation definition in the ordinance. 4. No signs shall be permitted,. 5. No retail sales shall be allowed from the petitioner's home. MOTION CARRIED 5-0_0 All in favor Master Asphlat Company (79057) Conditional Use Permit and Site PlanApproval Chairman Schneider waived the reading of the August 17, 1979 staff report since only the petitioner was present and staff stated that the item had been deferred. at the August 8, 1979 meeting to allow the petitioner the opportunity to revise the submitted plans so that I-1 zoning ordinance requirements were met; Chairman Shneider recognized Mr. Gerberding represented the petitioner and a extensive discussion ensued regarding the proposed use involving the proposed 3,300 square foot building of which 2,650 square feet would' be warehouse. t Gerberding stated that there would be three office employees maximum with ten field employees In response to question by 'Chairman Schneider, the petitioner stated that there would be no asphalt unloading or loading on the site and that the site was currently occupied by the firm's vehicles since there were assisting a neighboring property owner for the project. Mr. Gerberding stated that the petitioner would prefer to have asphalt curbing in the rear sorage area and a rear yard setback of 10 feet versus the required 20 feet.. 17 - Planning Commission Minutes August 22, 1979 Commissioner Wire noted that there were a number of parking lot and setback variances implied by the submitted plan and staff stated that it appeared. -there was adequate area to eliminate the variances with a re -striping and re -orientation of various parking spaces. Staff stated concern that appropriate fire lanes and truck manuvering areas be retained. MOTION by Commissioner Wire] seconded by Commissioner Vasiliou to make the: following recommendation to the City Council. That the request of Master Asphalt Company for Conditional Use Permit and Site plan approval for a 3,300 square foot office/warehouse with outside storage at 1050 Nathan Lane North be approved subject to the following conditions: 1. Compliance with the City Engineer's memorandum for this project,. 2. Required site performance financial guarantee to be termed for f 24 months. 3,. Paymnet of park dedication fees in lieu of dedication in an amount based upon verified acreage and in accordance with City park dedication policy. 4. No outside storage of material other than mobile equipment is permitted; trash disposal facilities shall be wtihin the building. 5. All signs shall be consistent with ordinance requirements 6. Parking stalls shall be realigned on the north end toeliminate any site yard variances. 7. There shall be a 10 foot setback per ordinance requirement from the north side of the building to the; paved area. 8. Asphalt curb in lieu of 8612 concrete curb may be installed in the rear outside storage area. 9. Fire hydrant and fire lane provisions shall be in accordance with City, fire chief recommendations and City code. 10,. A screen fence along the .dst property line will be built with 6 x 6 inch post 10 feet on center, MOTION CARRIED 5-0-0 All in favor RPUD Transition Requirements The Commission reviewed the August 17, 1979 staff report regarding the material developed after the July 26, 1979 joint City Council and Planning Commission meeting: Planning Cummission Minutes August 22, 1979 MOT1011 by Commissioner Barron, seconded by Commissioner Vasiliou to recommend to the Cit,/ Council adoption of the Transition Standards for Residential Planned Unit Developments in areas guided V-1 as reflected in the August 17, 1979 staff report. MOTIONCARRIED 5-0-0 A11 in favor MOTION by Commissioner Vasiliou, secnnded by Commissioner Wire to approve the minutes of the August g, 1979 meeting as submitted, MOTION CARRIED 5-0-0 All in favor Chairman Schneider adjourned the meeting at 1;50 a.m.