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HomeMy WebLinkAboutPlanning Commission Minutes 10-10-1979PLANKING COMMISSION City of Plymouth October 10, 1979 A regular meeting of the Planning Commission of the ity of Plymouth was called to order by Chairman Schneider at 7:35 pm. in the Council Chambers of the Plymouth City Center at 3400 Plymouth Boulevard. MEMBERS PRESENT: Chairman Virgil Schneider., Commissioners Threinen, Barron, Steigerwald and Wirer MEMBERS ABSENT: Commissioners Vasiliou and Larson. STAFF PRESENT. Community Development Director Blair Tremere, Community Development Coordinator Marvin Ray, Planning Secretary Barbara Andert!,gn.. ae Louise Cottrell and Boston Homes, Inc.=7_9_05_2T Lot Consolidation/Division Variance The item was introduced by staff who reviewed the October 3, 1979 staff report. The submitted proposal indicates that the petitioner is planning to divide approximately the southern half of Lots 11 and 12 into separate lots and consolidate the approximate north half of Lots 10, 11 and 12, Block 6, Elmhurst Addition into one lot. Variances relate to lot width and area. Development Coordinator Marvin Ray showeu slides of the site to the Planning Commission depicting the driveway area and the l'o'ts themselves, and the location of surrounding Oroperty. Mr. Ray also presented a verbal recommendation of the City Engineer, in lieu f a forthcoming Engineer's Memorandum, stating that the owner will have to provide for the extension and sufficient right-of-way of 23rd Avenue past Lots 1.1 and 12 and also provide for an arrangement of a cul-ae-sac per City standards. After discussion, Chairman Schneider recognized the Petitioner, Mrs. Cottrell:, who was prasent and she introduced Mr. Steven Djerf of Boston Homes. Mr. ajerf spoke, stating that it was their intent to purchase this property from Mrs, Cottrell and build moderate housing on those lots that were proposed. He statedthat they hadn't plarned on being required to provide a cul-de-sac, and this would have an effect on the homes that are proposed. Discussion regarding the cul-de-sac ensued, with Commissioner Threinen stating that he was reluctant to put in another one, as the area is already permeated with them, and it is difficult to find your way around. He was under '"he impression that it has been planned to connect 23rd Avenue with Larch Lane, and would never be done if they approved a cul-de-sac for 23rd Avenue at this time. MOTION by Commissioner Threinen, seconded by Commissioner Wire to recommend approval of the lot consolidation division variance request submitted by Mrs. Mae Louise Cottrell and Boston Homes, Inc. at 2320 North Larch Lane and north of 23rd Avenue North subject to the rollowing conditions,- 1. onditions. 1, Compliance with the City Engineer's Memorandum and, prior to Council consideeration, utility availability and assessments shall be determined. 2. The temporary cul -de -,sac be a temporary turn -around until such time as the: loop joining 23rd Avenue North and Larch Lane is completed and that the natural drainage in the area not be encumbered by this temporary turn -around. PLANNING COMMISSION 14INUTES -2- October 1.0, 1979 3. Payment of park dedication fees in lieu of dedication based on one new lot in accordance with the City Park. Dedication Policy in effect at the time of building permit application. 4. No building permits be issued until sanitary sewer is physically available to the property. 5. Development of the property in accordance with ordinance standards no variances as to setbacks are implied or granted. 6 Compliance with the City Council Policy Resolution 79-80 concerning the minimurz floor elevations for new structures in subdivision adjacent to or containing any open storm water drainage. MOTION CARRIED 5-0-0 All in Favor c om s nutson Tssociatei Conditional Use Permit This item was introduced by staff who reviewed the October g, 1979 staff report. The petitioner is requesting that conditional use permits be granted for four proposed tenants which include an hydrologist, expansion of one of the uses approved earlier; health scientists; and an advertising writer. Staff observed that these uses are consistent, with the intent of the: ordinance and with the intent for this building. Mr.. Al Schendal was recognized by Chairman Schneider as present and representing the etitioner. He said he had nothing further to present. MOTION by Commissioner Barron, seconded by Commissioner Wire to recommend approval: ktf the conditional use permit for i",, -Combs Knutson Associates at 12800 Industrial Park Boul'vard subject to the following cvoditions: I. The permit is issued to the petitioner on behalf of each of the four tennants and shall not be transferable to any other tenants; 2. The permit is subject to all applicable codes, ordinances, and regulations, and violation thereof shall be grounds for revocation for any one or all of the uses; 3. The operation of the building specifically with ret rd 'to the conditional use office occupancies, shall: be for one year, at which ti.le observations of the capacity of this site to support the uses in terms of parking and traffic generation will be reported. MOTION CARRIED 5-0-0 All in Favor edfora Corpbration (T -824T Final Plats of Heritage Estates 2nd and 3rd Addition (RPUD 78-_6) This item was Introduced by staff who reviewed the October 5, 1979 staff report. This is a combined report for bath the proposed 2nd and 3rd Additions. On June 19, 1978 the ity Council adopted Resolution 78-363 approving RPUD 78.6 concept plan and preliminary lat/plan consisting of 85 single family detached dwelling lots on approximately 53 acres. The City Council, on July 9, 1979 adopted Resolution 79--360 approving final plat and PLANNING COMMISSION MINUTES -3- October 10, 1:979 development contract for "Heritage Estates" RPUD 78-6, the first addition of Heritage WEtates consisting of 50 single fa,A y dwelling lots on approximately 34.43 acres. e second addition of Heritage Estat,s includes 21 lots proposed on 11.24 ,acres. The third addition of Heritacie Estates includes 15 hots on approximately 7.33 acres.. Chairman Schneider recognized Mr. AlSchendal who was present representing the petition- er, as a member - their engineering firm. Brief discussion ensued vegarding road access of lots 18, 19 an(¢ 20. MOTIONS by Comissi'oner Threinen, seconded by Commissioner Steigerwald, to recommend approval of the final plats of heritage Estates. 2nd Addition and 3rd Aociitfon subject to the following conditions: I. Compliance with the City Engineer's Memorandum; 2. Payment of pari dedication fees in lieu.of dedication based upon 21 lots and 15 lots respectively in accordance. with City park dedication policy in effect at the time of final platting, 3. Building permits shall not be issued in this development until the City Council has awarded a contract for the North Central Interceptor sewer, or the developer has installed a lift station. All costs to install, operate, and maintain the lift stationshall be the responsibility of the developer, 4. Removal of all dead or diseased trees on the site at the owner's expepse Compliance with City Council Policy Resolution 79-50 concerning the minimum' floor elevations for new structures in subdivisions adjacent to or contain-- ing any open storm water drainage. MOTION CARRIED 5-0-0 All in.Favor The next item presented was an inquiry by Mr. D•611 Sommers -for a Treatment Center at St. Mary's of the Lake Church. This item was presented by staff who reviewed the October 5 1979 memorandum and: staff explained that this was only an inquiry review and that no official action of the Commission was required at this time. Stalfif stated the main issue was a preliminary determination whether the proposal could be viewed as a use similar in nature to other conditional uses in the R -1A District since the ordinance does not clearly provide for such uses, but does provide -for a determination of other uses similar in nature. Mr. Sommers introduced Mr. Bill Koski and Mr. Don Anderson. Mr. Anderson spoke to the Commission regarding the proposed treatment center-,; and stated that their clients would. be primarily the youth of Plymouth that needed; help and were now being set to other clinics outside the community. He stated that they were having a neighborhood informational meeting to inform the surrounding propz,, owners of what they intended on October 23rd at 7:30 p.m. in the gymnasium at ri. Mary's Church, and invited the Planning Commissioners to attend. Commissioner Steigerwald stated. concerns that property owners beyond the ordinance- equired distance of 500 feet should be notified of the informational hearing and r. Sommers indicated that all persons residing in the area shown on a map provided by Commissioner Steigerwald would be so noticed'. M PLANNING CORMISS10N 4 October 10, 1979 Chairman Schneider stated that it was the consensus of the Planning Commission 4ghat the proposed use could be reviewed under the ordinance provisions for etermining similar uses as a conditional use in the R -1A District. He also stated that it was the consensus of the Commission that a neighborhood meeting prior to the formal public hearing by the City was imperative and that Commissioners should attend the hearing if possible. C fi axles 'a o=7M Conditional Use Pemit Renewal This item was introduced by staff who reviewed the October 5, 1979 staff report. The petitioner is requesting renewal of a conditional use permit to operate the Fun & Games Amusement Center rt 341n5 No. County Road 18. The petitioner was directed Resolution 79-458 to complete the approved site improve- ments by September 15, 1979, and to submit a renewed performance guarantee covering 150 percent of the cost of the private improvements to the property termed for 24 months to insure initial maintenance and upkeep of the improvements. The CUP expires on October 31, 1979 Staff reported that they had inspected the site this week and that the landscaping hadhad been dust completed as required, and that they had received an oral assurance of extension of the landscape guarantee from the Northwestern Bank of Hopkins through November, 1979. Chairman Schneider recognized the petitioner, Mr. Charles Carlson, and stated that included in the staff report was an addendum to the petitioner's application, which included four 41tems for review by the Commission. Commissioner Barron asked about the report from the olice that he requested be included in the staff report when the renewal came back to the Commission. Staff stated that the Police Department had not received any calls from the Fun Games Amusement Center since last July. Chairman Schneider inquir 1 as to when the landscaping was completed. Staff responded that one tree had not been plarAM and -the rear yardhad not been seeded by that date but that it has been completed, since. Staff also noted the trash disposal holes, which are not completed, and Mr. Carlson explained that he had not been able to purchase those containers as he had expected to and wotild have to have them special ordered. The change of Condition No. 2 as requested by the petitioner in the addendum was discuss?d. Commissioner Threinen felt that the language should be changed to read, "No smoking shall be allowed within the building and a reasonable effort shall be used to discourage smoking in the parking lot and outside of the building". This is the policy used by the schools, as it is impossible to prohibit smoking outside of a ;building and enforce it. Condition No. 5 was discussed. Chairman Schneider stated that it should simply state, either one or two adults should be on duty at all times". Mr. Carlson replied stating that due to business fluctuations and the variation in the number and quality of customers, there were periods where it was simply not necessary to have more than one person on duty. Commissioner Barron stated that he felt that this condition should be left at two people, as in the original resolution. Commissioner dire disagreed, stating that he felt it was unreasonable to specify the number when it was clear how this related to the varying number of patrons who were there. Commissioner Steigerwald suggested that the ording be changed to read, "reasonable adult supervision at all times" 0 i 0 PLANNING COMMISSION -S- October 10, 1979 Condition No. was discussed, and Commissiooer Steigerwald questioned the petitioner as to the reasor for the age changes. The petitioner replied that it was difficult 6ommissionocheckthe ages of all the people that came into his establishment, and the responded that it was required of all liquor establishments, and his shouldn't be any harder than that. Condition .1o, 4 was discussed regarding the business hours that the petitioner was requesting. The Commission had limited his open,inq hours to begin at 6:00 p.m. to avoid attracting the students from high school into going directly to a game parlor before going home during the evening hours. MOTION by Commissioner Threinen, seconded by Chairman Schneider, to recommend approval of the conditional use permit subject to the following conditions 1. Compliance with all applicable construction codes and ordinances, 2. No smoking shall be allowed within the building on the site- and reasonable effirt. shall be used to discourage smoking in the parking lot and outside of the building. 3. Patrons must - 15 years of age or older unless accompanied by parent or legal guardian, 4. Hours of operation of the Amusement Center shall be Monday through Thursday 4:30 to 1000 PM Friday 4:30 to 12 midnight Saturday and school holidays and vacations 10:00 AM to 12 midnight Sunday 12:00 noon to 10:00 PM 5 No more than 40 persons shall be allowed in the building at one time; 6 Adequate adult supervision shall be provided on the premises at all times. 7. A renewed performance guarantee shall be submitted to the City covering 150 percent of the cost of the private improvements to the property (landscaping) to be termed through September 15, 1981 to assure maintenance and upkeep of the improvements, 8. Permit shall expire on September 15, 1980. Commissioner Barron expressed ,hat he was opposed to approval except per the original resol a --ion, especially with, itc cmc No. 2 and No. 6. MOTION by Commissioner Marron to amend the motion by replacing items No. 2 and No. 6 with the original resolution conditions. Motion failed for lack of a second. MOTION by Chairman Schneider, seconded by Commissioner Barron to amend item No. 6 to read, Two adults shall be on duty at all times". MOTION FAILED 2-2-1 Commissioners Threinen and Steigerwald opposed; Commissioner Wire abstained because.he doesn't support this type of operation near schools and there PLANNING COMMISSION _6- October 1,1, 197 will be problems when school starts again; while the petitioner has done is a satisfactory job, the location is not appropriate. Chairman Schneider called for a vote on the Main Notion, as amended MOTION FAILED (Roll Call Voted 3-2•-0 Commissioners Threinen and Steigerwald in favor, Cimmissioners Barron, Wire and Chairman Schneider against, MOTION by Commissioner Barron to recommend approval of the conditional use permit subject to conditions 1 through 6 as staged in the original Resolution, No. 7 and No. 0 as per +notion abc'/e. Motion failed for Pack of a second. MOTION by Cowiissioner Barron, seconded by Commissioner Wire to deny the request for renewal of the conditional use permit for the following reasons: I. Past, problems in policing the site. 2. Failure of petitioner to comply with conditions for landscaping by set date. 3. Uncontrolled smoking on site. 0. Non-cornuliance with conditions nos. 2, 3, 4, C, and 7, of Resolution #79-458. MOTION FAILED 2-3-0 Commissioners Threinen, Steigerwald and Schneider against. MOTION by Chairman Schneider, seconded by Commissioner Threinen to recommend approval of the request for a reneYral of the conditional use permit subject to the conditions as stated in the first motion to approve. MOTION FAILED 2-3-0 Commissioners Barron, mire and Steigerwald against. MOTION by Commissioner Threinen secc-.-ided by Commissioner Barron to forward this request to the City Council without any recommendation, as the Commission is i rresol viably divided on this issue. MOTION CARRIED 5-0-() All in Favor Staff brtiught up the :question of meeting dates during the month of November. There is a conflict with the usual second meeting date. It was the consensus to meet on November 14, 1979 at 7:30 p.m. and. on November 21, 1979 at 7.30 p.m. Also, staff will determine when to schedule the public hearing on the Community Development Block Grant Pronram, possibly on November, 21st, PLANNING COMMSSICN -7- October 1.0, 1979' IOTIOX Ly Corunissioner Wire, seconded by Commissioner Steigerwald to approve the ri nutes of the September 26, 1979 meeting, MOTION! CARRIED 3-0y-2 Commissioners Barron and Threinen abstained due to absence ftow, that meeting. There being no further business, the meeting was adjourned at 10.15 p.m I'