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'