HomeMy WebLinkAboutPlanning Commission Minutes 08-11-1981P,,,ige 217
City Plymouth
August 981
The regular meeting the Plymouth Planning bramissi was called
r into she Council Chambers the ,y ACi renter atord2
40 P : C .M y Chairwoman as l i oXc
ME14BERS PRESENT: Chairwoman Vasilio , "ommissioners Wire, Pauba, '
MEMBERS ABSENT: Commissioners Larson and Stulb r
STAFFPRESENT Community Development Director Slair Trejttere
Community v pm n Coordinator Sara McConn
Planning cr ° .y Grace Win .man
MOTION Cormfission r Si i ld, secondee by Commissioner f,-Ib
approve the MINUTES July 29, 1981. 4 Ayes, Commissioner Barron
abstained. Commissioner Barron pointed out that after the MOTION
to recommend approval for the Deltak application, the Roll Call vote
did not{ appear p.90 212 f the Jul _991 fl nude
PUBLIC API G
Chairwoman e di ct introduced the first item, and reading of the ROBERT MIDDLEMIST
iAuWist 4,. 1981 staff report was wary , She opened the Public 6TH ADDITION
Hearing and asked for questions or cvmments on those present REGUIDIN , REZONING,
to speak on this :tem. She asked Mr. Robert Viddlemist, petitioner, PRELIMINARY PLAT,
if he hadrefiewed the staff report n f he had any questions or CONDITIONAL USE
concerns. proms so rover roper PERMIT,
had no concerns or questions. As there was no one present to 81041)
to speak on this 7tpm, Chairwoman Vasil ioo closed the Public
Hearing and asked for questions and comments from the Commission.
After some discussion the MOTION was made by Commissioner Wire,,
I
to take action on this item tonight„
0TI011 carried.
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Planning Commission M i nL'tna
August 11°$ 1981
MOTION by Collmlissioner Barron, Seconded by Commissioner Pajba t
r mm i nd approval of the reguiding for Robert Middlemist 5tb
Addition from Public/Semi-Public and - (low density residential) to
1ow medium density residential).
E Ayes. MOTION parried.
OTIO by ox l i nner a r r, secondedCommissioner a
to recommendend approval for rezoning of Robert Middlemist. 6th
Addition to 'r.- (low density residential) District which i
consistent with the reguidi n o A-2 (low medium density
ei fent i al )
Ayes. MOTION carried.
Con.Dwissioner Wire -stated concerns with 43rd Avenue North and
ouvity Road 9. Commissioner Barron asked whether CounIty Road
will be four lanes with a concrete divider. Staff stated
t that County Road 9 will be four lanes,, but may not have a divider
of the same design as County Road l ,. Conoiissioner Wire had
and k n the grad i ng plan,, and he,inquired abs .
distance between 43rd Avenue and. County Road 9. The petitioner's
representative,, Gary Gabriel, commented that this is only a pre-
liminary grading plan. Staff advised that the design for County
Road 9 has not been finalized at this "timet
MOTION by Commissioner Barron, seconded by Commissioner Wire to
recommend approval of the Preliminary Plat only for Robert Middlemist
6th Addition aiAd ,subject to the thirteen conditions recommended in
the August 4, 7981 Staff Report.
5 Ayes, MOTION, carried.
tommissioner Barron Mated concerns about future maintenance
of the units if there is no bomeowne- association. He stated
tba, unless the ro rty i always uin t:o irental be can't",
support owner occupied duple, units on` Chore ars tb proper
E controls which wo Id be in effect with a homeowners association
or strict covenants. Chairwoman Vasiliou agreed".,
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August IL, 1981
Staff commented that the State Condominium Act provides that a
developer can build buildings, "split" therm, and sell each unit,-,,
nomally those are cocoon areas which are governed by an association.
In th s case, they want t split the entire lot to TU seems
uri'likely that the owners wore d not imaintain Choir property., there is
no,association vroposed sihoe °t hcnical , , the only common area is
the part, w . ,kotwaon the units. taff, reiterated the nature of
the lot size 'variances.
Commissioner Barran stated that 1ie feels a homeowners association
is necse y Erni os there dre strict covenants because dovii the
lire there may he Pohle s with the owners. Stiff commented
there has always been a elusive friagic number where it was felt
that a Tainim of ln-0 people should ;make up a' homeowners association,,,
but ` oven a (, 0o meat of lesser size could ma',,e use of the
homeowners as ocf tion ion o t for mOnteriance and upkeep,,, and any
Mat can have restric°V vo Covenants.
Roberti ddlorrir ; sl -i" d that it was hisproposal,to build the
units for -ental, a-1 glen 'sol, >tirrt' off one at a timet however,
he would agree that a hcma=wn its as*:oci tion WOUI 4 work even for this
small project.. He acl!reod with C Jmmi s s i error Barron regarding lo o-
tern) maintenance and ; sthet i -.s
Commissioner Barron stated that he feels a ho rn?errors association
for a small devel runt could he more vi aWlla as lit would not
face the maintenance problems for amenities such as swimming polis,
tennis courts, and large coimon areas that are found in large
projects.
Chairwoman Vasiliou added that there are now Managernent Groups
which r: v i d maintenance on contractual basis to developments
of all sizes.
Mr. Mid-Ve i st state he will work on establishing a homeowners
association, or covenants for maintenance control before the final
plat application goes before the City Council.
MOTION by Commissioner Barron; seconded by Commissioner Wire to
reg;orsid r the previous Motion recommending approval of the
preliminary Pat. B Ayes. MOTION T RECONSIDERcarried.
MOTION by Commissioner Barron, seconded by CofmiiissionerWire to
recommend approval of preliminary plat, conditional use permit
and variances'for Robert Middlemist 6th Addition, sheet t ' the
following conditions=
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Planning Coinmission MinutesAugust11, 1981>
7. Conpliance with the City Engineer's Memorandum.
2. Removal of all dead r dying trees from the property
at the oDnr's expense*
E
t3. Removal of all xistlnq structures and accessory uses
from the property at the owner s expense#
No building setback variances are granted or implied
for than the co on property line.
private drive access ontp existing County Road g
or proposed County Road 9#1
The final pat shall reflect the consolidation of
Outlot A with Outlot 8 into a single out of for the
future County Road g right-of-way.
zoning shall be finalized with the fi l ng of the
final plat.
8. No -building permits shall be issued unit l municipal
s vier and eater aro physically available to the site.
g. Kegel .-d site improvement performance Guarantee sba
be submitted prior to issuance of building permits and
termed for 4.montbs,
1. payment of park goz,1on fees-in-lieu of dedication
In accordance with the current Park Dedication Po icy
in effect at the t i vie of filing the firal pi at .
IT. No b,01ding permit shall be issued until the final
at has beet, Weded and recorded with Hennepin County
U. Extension of 43rd Avenue North shall be addressed in
the final plat and Development Contract
3. A revised landscape plan shall be submitted with the
final plat indicating additional ber ming and landscaping
along the north side of Lot , south of the new County
Road g right-of-way for purposes of providing additional
buffering and noise abatement
14. Appropriate homeowner association gro rtonts and
rest ric..ivo covenants as approved by the City :Attorney
shall be, filed prior to issuance of permits.
AliL
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Planning Commission ins
Auqust 111 1981
ar some discussion MOTION to amend was made by Commissioner Wir
Seconded by Chairwoman ,Vasiliou to add Condition No. l
1. An appropriate barrier to be installed between 43rd
venue#lrhand yRoad orsri -afI
crossover between these two streets.
ayes, MOTION carried*
Chairwoman Vasi1i al`l d for the vote on the Main Motion once amended,.
5 ayes,, MOTION carried.
Old Business
Chairwoman Vas l io introduced the next agenda item, reading of the JOHN F. WIGGAN
August 4, 1981 staff report was waived* CONDITIONAL USE
PERMIT RENEVAL
Chairwoman Vasiliou asked M.r. John Dugganan i he had revi d tba X-77
staff" report and if he had any problems. Mr. Duggan stated h
has no concerns, but correctedan error made on his business
address which is 1862 Berkshire Lane.
TION was made b ; Commissioner Steigerviald,, seconded
Commissioner, Wire o recommend approval of the Conditional
Use Permit Renewal for John F. u gan's 'Big Red Q Quik Print
Center located at 1862 Berkshire Lane and subject to the
following conditions*
1 The permit is subject to all applicable Ordinances,,
sodas, and regulations and violation thereof shall
be grounds for revocation.
No outside storage of materials, trash or disposal
I
facilities.
3. No signs permitted without sign plan approval in
accordance with Ordinance and plan criteria for
this building*
pans i on of the use bond ter i s space seal 1 b
subject to Ordinance Man Review pro dors 6s an
amendment o the permit.
ayes 01 tarried.
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Planning, Commi ss ion Mi nutes
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August 11, 1981
Clyairwo an `nasilioo introduced the next itefa on the agenda, MILS HOMES
and rad rig of the August l " l staff report was waived. 1T PLAN
80004)
Chairwoman gas 1 rou asked for • a ypees "E. ions or
Ne.
o::lents, as
there w,
11 -
4s Pone forthcoming she asked f r a Mo ion#
MOTIONby or-imi ssi onor lire,, so'Condos her o ssi on r Stoi ger al d
to approve the te plan amendment for Miles, domes identifying
a gas tank 1 0 t ion and through -section of the underground
gasoline storage tank and dispensing unit to be used for their
company automobiles and subject the follot,,iinconditions:
I. The two Black Hills Spruce trees located the
south of the paved turn -around area shall be
relocated further scute o utilized screening
i'ti.+ S a
ggfur
o .S n e a.
2. l l api,ropriate building and instal la ion permits
shall he approved prior to installation.
ayes MOTION carr i d%
ha rtio ars asilin Introduced the, next agenda item woich was,a. METRAM, PROPERTIES/
conditional use renewal and plan approval for oits do trash GOLDCN CECINA RESTXJRANT
n losvre for Metram Properties/Golden China Restaurant CONDITIONAL USE PERMIT
m.lev r, there was no one present to r sproson this p . i con. RENEWAL/PLAN APPROM ,
80017-A-683)
char rwomao Vas i l inu introduced he nqxt item. on the agenda, the PLY14OUTH HILLS COMPANY
reading of the August . 1981 staff reporl' was waived. APPROVAL OF REVISICU
TO MPUD DEVELOPMENT
Mr. Frank Larsep, representing Plymouth Hills Company was PLAN AND PRELIMINARY
r s. n , but did not indicate Cru wished to speak. Chairwoman PLAT FOR PLYMOUTH MILLS
Va5,11ioo asked whether any Commissioners had qu,LJons for 3RD ADDITION (81032)
Mr. Larson, , there were ;none.
Charwoman Vasiliou noted that the petilli n r`s proposal has
r is ned unchanged since the last meeting. when. the matter was
defeIrred with direction. Slee stated she could not support gbe
proposal and that the approved plan addresses the needs cf i btu
community as to the typos of uses appri)priate for D04n own.
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Au , 1981
Chairwoman Vasiliou introduced the next item on the ag rrda, MILES HOMES
and the reading or the August 6, 1981 staff report was pai d. SITE PLAN
gig
Chairwoman Vasill4lu asked for any questions or comments, a
there, was none fo.-thoo i ng she assn for a Mction.
MOTION by Commissioner Wire,, seconded by Commissioner St ec g rwal d
o approve the site pan amendment for Miles opo dentif ing
a gas tank location and through section of the underground
Gasoline storage tangy acrd dispensing unit to be used for their
companyautomobiles and subject to the following conditions;
I. The two,87ack Hills Spruce trees located to the
south of the paved turn -around area shall be
relocated further south to be utilized as screening
of the tank area,
2. AIT appropwiate building and installation penins is
shall be approved prior to installation.
5 ayes. MOTION carried.
Chairwoman Vasiliou introduced the r agenda item which was a, METRAM PROPERTIES/
conditional use purr it renewal and plan approval for ou=tside trash i,' L N CHIPM TAU A '
n o ur for etra Prop r i s/Gold n China Restaurant CONDITIONALUSE PERMIT
how(ver, there was no one present to respresent this petition.RENEWAL/PLAN APPROVAL
80017-A-683)
Chairwoman Vans 1 i ou introduced h next item on the agenda , the PLYMOUTH HILLS COMPANY
rk ad"ng of the August /. 1981 staff report was wary d. APPROVAL •qF REVISION
TO MPUD DEVELOPMENT
Mr. Frank Larsen, representing Plymouth Hills Company was PLAN AND PRELIMINARY
present, but did not indicate he wished to speak. Chairwoman PLAT FOR OUTLOT A
Vase sou asked whether any Commissioners had questions for PLYMOUTH HILLS 2ND
Mr, Larsen, there were none4 ADDITION (87032)
Chairwoman ass l-ou noted that the petitioner's proposal has
remained unchanged since the last meeting when the matter was
deferred with direction. She stated she could not support the
proposal and that the 'approved plan addresses the needs of the
community as to the types of uses appropr,la e for Downtown*
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Planning Commission Minutes
August 11, 1981
Coffaissioners Steigerwald and Pauba stated they coul d riot
support the cure cut ontoVicksburg Lane, they felt the
approved Development Pan was well thought ouand had good
traffic circulation. They support the Citi n ' state -
statementt that, it is not "cast In i n" - hoeevery t- bei ori I I
he mina determination n o allow a curb cut
onto Vicksbirg Lade.
Commissioner i t reed and reiterated i rl i t concerns about
Lane access and internal traffic circulation. Connissiloner
a r n stated that while he was. not at the last meeting, h > had
read the
y
staff reports and Mini , and he n urr d with the
oisml bfg@ gVrs i 0.
MOTION Chairwoman Vasillou, seconded remission r Pauba to
recommend d o al of the revision to the MPUD Development Plan
and of the Preliminary Plat for Plymouth i l i s 3rd Addition.
ayes. MOTION carried#
Chairwoman Vasiliou noted the arrival of Mr. Garrison
Stdff asked for clarification, stating that the original staff
recommendation Baas for approval subject N the, conditions which
sp6cified,, among other things,. that them be no curb, cut onto Vicks-
burg .ane, and the Commission action denies erre petition as 50mitted.
The direction to the pptitioner would be for a different design or
no change from the approved plan.,
Chairwoman Vasil stated their decision is to stand by the approved
IMPUD Development Flan and that the Commission will not commit as to
what they might or might not agree if another plan were submitted.,
Discussion Items
Commissioner 5teigerwald discussed the proposed Ordinance require-
ments
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x n of trash removal `acrd trash storage/receptacles and the
input received from trash hauler businesses who replied o the
questionnaire sent out to them. Ile stated tete Development Review Com-
mittee will be reviewing site plans for trash enclosures, especially
w and swears they will be placed and this will maks 'C"he developers aware
of, the problem so that tthis can befully, addressed before construction1p
Ile stated, the Ordindnce should o nta y tr a simple rtatement that
trash containers must be screamed 4r to public viae; be either inside
or outside the building-, and screening ust be of durable materials, or,
by landscaping and b r biz, -F it is an offective design*
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xugusi. 111, 1981
staff stated that language his been worked, out for the_Ordinance
and this was read to the Commission.
Commissioner Steigerwald also commented that there will be some
retroactive- enforcement relative to this Ordinance for existing
trash enclosure problems. Ile stated there could be a -day
grace" period and the -violator would be asked to comply and
submit their plans to staff for review and approval.
Chairwoman Vase 1 i ou stated she agrees with the language for the
Ordinances, and added that the City gill need to follow-up on
the vi olati ons.
otssioner Wire stated is concerns about the problem with
1=30 garbage" that is seen in many areas. Convnissioner
St ei er cal d advised that along with the Ordinance,, this is
addressed in the Plymouth City Code under City Health Codes
which required fly-proof containers,, and added that new
language should be added to the; ode to be consistent with
the Zoning Ordinance.
In reference to the discussion on the trash recepta.clelstorage
ordinance, Chairwoman Atasiliou suggested that proper screening,
placement, ent_ and adequate trash containers could be part of
the Certificate of Occupancy process to assure compliance.
Chairwoman Vasillou stated that the toms-nssion will send
this item to City Council after -the August 26, 1981 Planning
Commission meeting*
Staff asked the Commission for their decision in regard to METRAM PROPERTIES/
the application for conditional use permit renewal and plan GOLDEN CHINA RESTAURANT
approval for outside gash enclosure for Metram Properties and CONDITIONAL USE PERMIT
Golden China, adding that City Council direction was the RENEWAL A D PLAN
restaurantss permit could be deemed renewed once plans had APPROVAL FOR OUT$
been submitted. TRASH ENCLOSURE (80017/
A- 683)
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