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Home My WebLink AboutPlanning Commission Minutes 05-05-1982PLANNING COION MINUTES CITY' OF PLYMOUTH MAY 5, 1982 r c!et.ing of the Pl yMnut'h Planning Commissionion s called to order in the City Centernil Chambers at 700 P.M. by Chairwomanran Vas1110U. RS PRESENT: Cha1rw0rrrarr VdS,1110U, Commissioners t4agr us, Stulberg, St l+ rwald, PjUfka, Paub4, and Commissioner Wire arrived at 70 P.M. STAFF PRESENT: Communitymunity Development Director Blair Ir mer Community Development Coordinator Sara MMC nrr City Friqlneerf Fred boors Parks and Recreation Director Erie Blank PUBLIC HWING, It `NNE N COUNTY PARK RESERVE DISTRICT Chairwoman Vasilliou introduced the pla rn,inq Commission mem- PERMIT (8ZO19) bees dnd requested a review of the April 28, 1952- Stiff Report. Staff reviewed the request or a Conditional. Use Permi.t. to develop and operate the Medi i.n- Lake R p,i rral Parr:. Staff explained that several phone cats had been received in res- ponse to the Public Hearing Notice and that the Inqueries involved a general intertst about the application; and rumors that, the pidn included dev l opmerrt of do ',,amusement park" with commercial activities and possible' requIdt.ions, dealing with the horse power arid speed rf motors to be util- Ized on the Lake. Staff clarified that the application dial not include the development of a commercial amusement park arrcl staff -explained that the City 'cannot unilaterally control or establish water.surface management requlations. Such requlati:011would involve the City of Medicine Lake, the Department of # at:ural Resources and Heonepin County. C'hai,rwa;4arr, Vasillou Introduced John Christian, Hennepin County park Reserve Distract who Indicated the park Reserve District has met with the City Council and parks and Ree- reation Advisory Commission both separately and Jointly, to review the proposed development o Medinine Lake Reqional Park. Also$ the Park Reserve District has met with the Mission Hills arid AMLAC Homeowner Asst/ i at 10113 . 106 Page 107 Planning, Commiss Lora Minutes May 5, 1982 Mr. Christian skated concerned about Condition No. 3 of the staff recommendations regarding the temporary access from 36th Avenue North., Mr. Christian stated this condition was tontrdry, to the park Reserve - District Is directive to opera the boat launch as Soon as possible this year, which would require d temporary access from 36th Avenue North. The per- maller'L acc s would be provided from - County Read 9 arid Is not scheduled to be completed for a year to a year and one-half. Mr. ChristiAri introduced Messrs. Dari Kinq., Landscape Architect; and Dori Cochran, Operations Director, arid Bob ailec d, Research Coordinator to discuss and address the Pldrifilliq process, development concept,, phasing of corastruc- t iota,. and operation. Dori King explained the overall development conIoeptI proposed f cili ies, acquisition Process, Internal circulation, arid, proposed internal shuttle service. Mr, Xinct explained that phase I Construction would include the entrance road from County Road 9 to the beach area and the development of rec- reational facilities south of 36th Avenue forth Commissioner Wire inquired about the length of time for Phase L M,. Karig explained, phase I would commence In r %d- u t 1962 WAh const.r uct Torr through this year and almost the entire construction season of 151183 for completion of Phase I in mid -summer V83. Commissioner Wire Inquired what the initial development would be In 1982. Mr. King explained that the order` of e.onst.r ction is 'party up to the contractor to decide, Mr. King .indicated it was anticipated that the lagoon and chdrarael sY$temi, boat launch, and portion of the circulation . s stt;m would be included In 1963 oonstruotIon would ItIlclude the bed=.Oi dr4ea, accessory structures and roadways. Mr. King stated the beat launch could be useable with the initial: road construction in date summer of 1982. Commissioner Stelgerwald clarified ' that use of the temporary road access from 36th Avenue North for the boat launch would be utilized through the summer of 1983. Pco Planning Commission Minutes May 51 1` Staff displayed a graphic d agr mmirrg the City trails in r l,<itibn to Lite Medicine Lake Regional Lake Park System. Staff stated that development of the tralls should b accomplished with the park development. Commissioner Plufka Inquired about the parking lot In phase 1 to be located at the west 'end of 36th Avenge Horth, and north of the access road, Mr. King explained that the park - Ing lot fins a total o p city of approximately 250 cars ' and could be completed In lite summer,, 198,. Also, Mr, King explained that, the size of the Lot may be reduced due to further inv sti ataon of soil con i.tlons. J Chairwoman VasWou requested a response from the petitlioner to the Citytrail requirements. Mrs. King explained that the Park Reserve District would prefer that the City tra!15trailbe incorporated with the internal trail system' for the regional Park, rather than to dpl.i.ate trail construction. Mr. Christian expressed concern that he did believe it is the respon-41.al.aty of Park Reserve District to develop City trails, rrle s the, trails are part of the Reolonal Trail System. Chairwomanan asillou requested a response front Eric Blank, Parks and Recreation ' Department Director. Mr. Blank stated he' could riot comment at 'this time as to Hennepin County's re pondi.b .li.tEy for City trail constructionHowever . Mr. Blank concurred with Mr. King Is statement about 'riot duplica- ting trails and t,cacatinq the City trails within the Regional Park bouriddrios Chairwoman Vasiliou corafi,rmed with Frac Blank that t hen Park acid Recreation Advisory Commission has reviewed the proposed development and finds .it: consistent with the Cit:yls adopted plans. Chairwoman Vdsi.l t.ou opened the Public Hearing, and explained the procedures to be followed.; Ed Andersorr,, 2620 East tiedicine Lake 'Road, stated that h purchased his property ita W76 and he has inve, t d over 150,000-00 in his homestead. Subsequently, he was informed of the plans for a R glor;gal Park that would; .retain the pf rk area lit its natural stag. Mr. Anderson stated that he perceived the proposed plan to involve more extensive development than what wasrrlOinall anticipated., Mr. Anderson stated that,, Frith the amount, of traf fic on the lake, size of the park, and the City of Plymouth development of public; beaches, he sees the, lake becoming "over -populated acid over-a. 1trive". Mr. Anderson stated that the proposed development would destroy Medicine Lake. Pace 109 p.larin ng Commission Minutes May , 1982' ferry Bright,, 3510 Rosewood Lane, withdrew from making a statement as her question was answered Carel Brownell, 3060 Rosewood Lane, inquired If the park boundaries would be fenced. [.)ori Cochratij, Hennepin.CountyParkReserveDistrict$ explainedthat Regional. Parks are typically fenced and posted every 500 feet. This park is proposed to be f no d with a 3 -strand, smooth, wire fenc- ing. Mss, Browttell iii uir *d If pedestrians,pedestri-ans, are required` to pay to enter the park* Mr. Cochran indicated that only vehicles are charged to enter the park. Ms Brownell stated she thought it was a poor idea to fence tim park bounda TMes because children would have .limited access 4`or ` entry. Ms. Brownell also expressed concern that development of this area would force the existing wil:dlif to relocate, Mr# Covlhran Indicated the Park Reserve District would work NV th the City to provide adequate entrances for bikes jnd pe est lans'Into the park and it was explained that thero- pc ed would not rohi. bit deer r om this area: David Crain, 5020 Forest View Lane:, explained that he was spedking on behalf of himself, but mated concerns of the Citi -Zen's C otip CLAM. ter+ Crain expressed concern that the nature -of thy, park has changed from a more "passive" par=k to an "active," park' with art amusement' park character, u. e.., with shut 4l,e buses from the parking yeas. Mr. Crain stated question to be resolved include-* what development would be i tivoived In the major recreation area; Wilt .long -t rm Impact would result, from the proposed dredg- ing; re g- in ; and how often would the dredged area be maintained. Mr Crain Indicated he thought there would be no access from 36th Avenue North, and that the 'temporary access is a mis- take. Mr. Crain suggested that the permanent access from County Road be Identified as a priority on the list t f development order. Commissioner Steigerwald asked Mr. Crain how he thought the hat dledppeci could ut ill c the park If the shuttle sere ice is not provided., Mr. Craln suggested providinq various drop- offs along the proposed. roadways.. Chairwoman Vasil., ou indicatedd she preferred a bus system rather than so many. gars. Rage 110 Planning om is ,ion mintites Py 5, 1982 Chairwoman Vasiliou ` inquired about tae proposed dredq tit . Cita Engineer Moore explained there should be no siltation prObleh, as the City c-taforces an erosion control Ordinance and that the park Reserve District is required to comply with all Department of a'*'-ural Rtsource re uiremetat . j i Dot, Frickson, 0 Cour tv Road 91 inquired when the Park Reserve District anticipated purchasinq the remaining farad north of County' load 9,. fir. hristian explained that the a ui$ltion is a priority before thel devci.opment of New runty Road , and indicated that; he dould discuss the tim- Ing with the individual Land owner. Robert George, 3050 Res flood Latae, Inquired about the type of shuttle, or bus service to be provided; arid about boat patrol' or policing activities. Doti Cochran indicated the shuttle fd011itY is a low key motor vehicle which pulls open sided ears (trams). He explained that the Bark ' Reserve District does not have Jurisdiction of the water surface except for -An area from, the s arel .i tie to 300 feet out. The Park Reserve District can work with the Neighbors and other 4gencies to develop regulations. Chairwoman Vasiliou inquired if there are similar shuttle sere * - s that could be reviewed. sr. Cochran indicated that the €ationdlParkandRecreationssociatioahasexamplesof such facilities. HMIepi n County park Reserve District has yet to select a specific model. harry ensen, St. Paul, representing Union City m1s;510ra Board of Directors and the Mission Partners, Miquir d about the proposed hours of operation and vise [Doti Cochran, Park Reserve District, indicated that the. hours of operation for the entire Distrtit are ; being reviewedd at this time. Interest .has been expressed for having the facilities opera earlier for fishing. Typical hears are now 8 A.M. to un- down. Mr. ensen inquired why the proposed park1friq lot to be `uonstructed neer the end of 1983 way not being construct- ed at the ,same time as the beat launch ohn Christian explained that this issue relates to the f staff recommend t.%on, Coridition No. 3¢ The Park °Reserve Distric proposes that the traffic maximum for one year t> be the edp city of parking on-ly for the launch (ppro z mately 60 cars) . The Park Reserve District would he _ res on- aible for control of the use ge. Mr. 3ensen stated he was concernedod abeatat unauthorized ;parking on Un t n pity Mission laud.: Page Pldntviniq t'ummi s ion M"irrutes May , 1982 t*ha rw marVu ; Inquire- about re,u at q Mr. 11iran stated the D sVtct has Park Rangers arid season- dl employees. Mr. 3ensea Inquired how the people from the nursing home- would have access- Mr. King explained access location,5. Mr. OeasOti asked how the swimmiriq area would be Contained. Mr. Cochran .indicated that the Swimming area would be %epar-- ated from the rest of the lake with a hudy iu . finally$ Mr. Jensen ,indicated that the discussion +ager the ears has a wads viewed 36th Averr (; North as a temporary access for the iadrich Peter Pfla m, Lundgren Brothers) arid partner of Mission 4rthers, 035 East ay at;a l d. , :stated that he agreed with Mr. IIserrIs comments regarding 36th Avenue North being utilized as temporary access. Mr P iaum expressed concern that as developer of the adjacent property, For the future residents of arr approximate 300 urr.itsw " Mr. Pflaum explain- ed that the area residents should have access to the park* He introduced Mr. Dennis Mulvey, Architect,, to display plaris or the proposed development east of the pare, and ` its re et ionship to the, park.` Mr., Mulvey explained that the Miss iorr Partners have worked rr- qt ears erg t,fie parsrs PUD and have t- tempted to design, the site irk response to the topography and vegetation. Mr. Mulvey identified that there " is Dort, ,rI of locating a parking area wtt in 500 to 700 feet of condominium units. Mr. Mulvey dinpla ed a through ofl of the site locating the el vatio Is of the units gas from the parking area. Mr. Mulvey expressed error ab(,,!t the amount of cut arra fill that would be required to develop the parkingj, as this area ra=nges In ;stops from 10 to percent. dirk Mulvey explained that to date the Mission Partners had riot seem a grddinq or ia:rdseape plan,, there- fore, they could riot respond to sor,,ening or buffering. Peter P laum continued, statinq th t a developer would be required to submit subs tdat=ai detail ith respect to crash- ngj, landscapingi etc., and that he believes the Park Deserve, District should be sub, e,t to the same requirements especidlly since the park is located aC*aoent to future condominium units Mr. PfIdum requested that the PlanningCommissiontablethe .issue, or condition the approval lrr such a manner that the landscaping arid screening could be reviewed In raore detail, piar rtirr ottimissi it, Minutes ia , i r rlr rrrarr Vasillou agreed that each petitioner should be tr--°dLed the same,; and askedwh nt such details could be rtnview d. SOff explained that the Zoning Ordirrarr e es ab- jii,Ires that. f,r this t } park Conditional t rorral e Pe"114t is required. i.red. The'petitioner has submitted the rditr- girt- e requ r r ed rr.aterl dl s for a, Coad i t r.Ormal Use Permit,. Stqff re OMCIided the Commission address the external effects and if ttarr.<rrr"Ied, additional data dtid Information should be k,, fed. Also, there is substantial spatial transition from t ht residential area ohn Christitin explained that the ,pet tlon r is not the dIPCk as a private., deN,ele er*, it 'is a public apency and teat the pr eposalir, batzed on s(=fund p,larintr1g. Ed K eese ikv-t 3030 Larch Lane, made reference t-< City coulcil Resp -i rrt ivit No. '75-3aof which appro ed a r uldi rm app lie UPI for Ott "11' sepi rr County Park: Reserve District. Mr. eernhk,- stated the Resolution establishes that k'th A'verr+xe berth should riot be used as a primary that the teat launch sh u d be available" at the time the park opens, Also, tate Resolution suggested' a 10 -horse power limit tart motors to be used III Medicine bake. Mr. Kers hke asked why the Citi ounoi.i would impose such limitatiotis ,in and could not now. "ta f stated that: the use of 36th venue Nt,; tri has been addressed and it is redcerri ed that the LAty Council desired the beat launch to o err whoa 't.zre park opens. With respect to the motor limitations, st,4 4.°f xplalned that the City odes not have s,il' ri ca .vedit I ake use regulations. City rrgi neer i Ow ° re t% lalncd that tite Retseitrt,ierr suggests a 10 -horse power iimitati(,t,rr, arid does not represent a< mandatorymanddtory art iorr, ' Mr. Nerschke staLed that the Intensity of the d r' io mrlt has eh rm ed. In 1974- , the proposed 3e ional. park was compared to the Rebecca Lake and Independence bake Reqional Parks and represented as' a ° 1passjve`,' park. fir.. Kerschke x labiee that recent discussions of the development `i,rclud- ed water slider trams, etc. which are, amuse. -me rt park.. features. Doti King responded that there is d €ilfere.-- between a "Regional park's and a pdr ser e,", rh ` of t the property rest be retained in its natural state. In Regional Parks there are no requidtions as to the limits ,)f Bevel p ment y but typically .it does irot> exceed A lir the proposed Medicine lake P i. r a,l Park a total of acres are invol\,ed of lrieh 104 aeres, would be d vei oped (inolud- trig reads, parking, etc. This results In approximately two-thirds of the land area remaining ,in its natural state. Mr.., Kiri; explained further that the beach area wo d be siml- i.ar to that at bakes Rebecca and Independence. p.trrr(*qm nj$sion Minutes Mr. Xersc.hke Inquir about recent discussions for providinq a Navx' making mdefilne".1 tr. Xing ex ,tamed the park Res- erve istr otf arrt i toA, pater oriented play arca, how- t<he f t:a oc mmitments haxe no* been det r- 1 at this titre. This area has beery ldentlfkai on the easter . al: so that It, would be atrtit..pa.ted yap -front, ha tr rlwdn as t 4 v. * ` rc v --wed the amourkt of .farad a •k a rr« valved tit the vere,ts .rased uses. Bruce, tarso€t, East Medleine Lake blvd., explained that he represented the AMLAC HomeownersAs ootattort, and that he had been in favor of the park development. iov v r, the oriqlttal discussions iderit li f bike trail , cross couritrr skl n ,` W,.1 and now the amount of parking ` and intepsity of devejopmtnit has incur ased. Mr. arson inquired if studies had been completed for the drainage ane. siltation Impacts+ estimated o Brat n costs-, and, pollc4tiq costs. err. 1arsora expressed concern about the amount of gut and fill tensed for development.. Reference was made to a statement that the total park oapaoitY is approx m to y -6,000 visitors. at peak" use. lir. Larson stated that a more definitive final pian should be reviewed. Chairwoman Vdsiliou indicated that the siltation impacts were pr vsou iy disor.i s d t:`or r is some tee erwald inquinquir- ed where the visitor count ori #iraated. Bonnie Kerscahk , ' 3030 Larch Lanae, stated that last fall the estimated visitor count was giveti' b on King f the pork Reserve District to *Trac. Bob 'allec:od explained that a questionnaire process was utilized to establish the demand for a Reglaaal Park fdctl- it . It was determined that the demand is "Immense". Mrs Cat ecod est it at d that on a gond weekend day approximately 000 to 5,500 visitors could be expected; 4 week day wotddtata: ipate aPPrOxiMitelY 2,200 visitors. Of the e timat- Ota -*. approximately to would be nearby residents. Commissioner Magrius iriquired ghat peak dad visitation was for Baker. Park. Mr. Callecod said it was approximately 82000 visitors Richard Martin, 2650 Fast Medicine take Blvd. expressed cora ern, About the number of speed boat ` and their impact to rho fish in the lake. The speed boats are beinq operated over the spawrting beds and are hindering the fishormin. Mr. Martin suggested that the speed" of the boats be requLat- ed. He also suggested that the parkinr ' whidh would be ld - at d rear the ad aoertt condominium, development be relocated further w thin the park boundaries. PdQe X14 arra tW ion Minutes May , 1 Chairwoman Vasilliou requested Commissioner Pau a share the e per erneso;:' the Bass Lake; om o%n rs Associdtion. om- rissioner Paubd indicated that the adjacent residents took it up rr themselves to marra e the, lake and Improve its W-141 tY Oiscus$ 11101' ensued Ott the impacit of boating*1 it was confirmed that there Is riot,' a public access to Bass Lake. Gale Chris tophersen,, 10150 26th A entte North, stated that tN operation of speed boats is Impossible with the operat- orr Of sail ,boats. Mr. Christopherson suggested the development he similar to that of Elm Creek Park Reserve, where development 13, Iii-aitod to walking and blkinq , Hr orr curred with the deed toProv lde a shuttle service for handi-- c A ped isitors Mr. h.-Istophersen indicated he had not reviewed a "Set" timetable for total completion and Inquired Ilf there were commitments to a schedule. Don RL*nq, referred to the materials submitted with Lire appl . atiorr dz ouss na the phasing. tt was .indicated that phase I should be c m- pleted by late 19183' Phu e 11 should be completed by late 1-984 I arid, Phase III should he completed hetw e.n 1987 and Delores Christophersen, 10150 206th Avertue lorth asked i a fee is Involved with the. shuttle service. 3-o n Christian explained there would rola he a charge nor the shuttle sere ice. ifs., Ghrlstuph- sen ,inquired if the lark 'Reserve District was aryrare Of the City pans for deve. opitig beach areas. It was c nn firmed that the Oistrict Is aware of these Plans. ifs. Christophersen suggested reputations be estab- lished for the use of sail boats and speed boats pr%r ; to opening the boat ,launch. Dennis (res ho t, 5710 Evergreen Lane, represented fit. Olivet Lutheran, Church. qtr. prey holt Indicated that It appears ` the development Plans have chdngad from <a " assi'vel, park t.o a more intense park, Mfr. Prestholdt stated that he is riot necessarily against the change He is *n> favor o Walk-irls", but did not want ''the church parking lot to be used for oven -flow parkirr . He asked when the existinq County Road 9 mould be closed. City Enqineet Noore explain- ed that tile relocat Corr of County Road ' was to occur III 1965, and discussed the construction involved., Page 115, P ral" n Commission Minutes M y 5, 191,521 Peg Schaefert 3050 Oak View Larne, stated she wants- tr.arr .access to the Iake, but dues not wart parking: el lowed along the ad ac rat roadways. She asked if there Is a limit to the number of boats that edn use the boat launch. =fir. Doti Concord e p a-1- that d, 61AIlF vehicle maximum would be utilized. At that point, the teat launch and associated parking would be closed. Ms chdefer Inquired about a limit to the number of curs. It ` was explained that total development arctic patcd 11125 parking spaces. MS. Schaefer cxpressed concern about the steed for Increased police protection which would be paid for by Plymouthresidents* She asked If the Master plant for the development identified Medlcine LakeDrive as It will be utilized In tete future. City 'Engineer Moore, explained that the plan dries not show the future ,tccaticrz of the rcadwdy, but he noted the City Thoroughfare uide Plain s. Schaefer agreed, that for ' elderly 'people a shuttle service would be bet efiridt. However, the remaining people, including child- ren should walk. ` uricerrt was expressed about erosion associated with the use of snowmobiles on the trl ls. There was an inquiry regard - Ing `,he docks, on the easter Plant acidhettx r they are intended for swimmirttt or bait useage. Hort Cochran explained that th y are primarily for fishing. Piot Word, 3650orestv;te Lane, stated that during several meetings and discussions with the pet tiotier it wasindicat- ed that 36th Avenue North would not be utilized. Alsty$ he Indl at d that tete h=es within the Mission Development were sold on the basis that 36th Avenue North would not he util- ized. t .l - i d. Harry Jensen asked what Is intended for the District Offtee acid maintenance facility,. Dart Cochran explained' that the District Office could be adMini.strative offices for the Hen- nepin 'C'Qunty Park Reserve District ,and that It has riot been determined if the maintenance facility would function for the total District or forthis ;park c nly. fir.. 3erisen suq- esed that. this area be. replacedwith parking gas it was never articiated to locate such uses here, Chairwoman l asillcu closed the Public H aringt The Planning o miss on recessed from 10,40 P.M., to 10.1, 116Paci Planning,mmissl. tl Minutes Ma 1962 MOTION, b- mmissio er Stelgerwald, seconded by Commissioner Stulberg to take action on this petition. 7 Ayes, MOUON carried. Chairwoman Vesllleu requested that Mr. Blanks Director. Parks and e r pati a Department,, adv se the Commission on the recent task force meeting which Involved Vaet fees. dry Barak xplairred that the payor/Citizen task Purge is Itivestiqdtlng operational feasibility and casts for the Plymouth Park system.; The task force . is considering user fees for the more Intensely used facilities and groups. At th,ls time no final decislon has been made. far. Blank explained that outside the Regional: park, boundaries, ,the Clq would be responsible for policing and within the pari; boundaries, the petitioner Is responsible. R l l N by Iooarara is-51oner Wire, see radcad ley Commissioner RECOMMENDATIONtIgeraldrecommendingapprovalofthe (Conditional Use Permit request by Hennepin County Parc Reserve istr cit sus); --- G to the conditions as .lit , ed rthe staff. report R goatmendat Ion A with the following hanges. l. Corwitiort No. 2 to be changed to read "Access t the park shall he from, County Road 9 end, shall be oonstruct ;d with Phase .I with adequate on and off ramps to hdridle turninq traffic. Conditional No. 12 to read this: Conditional UFe Pvrmit is subject to detailed Site Mara :review and approval by the City. 3. Adding the f .11owinq conditions". No. 13 Screening playas shall, be prepared for those areas with externol impacts to adjacent land uses per City scrc -'iJn9 requirements. No. 14 City traps it, Phase I shall be develop_ ed according to City stand,, No. ' 15 Appropriate regulations shall be develof d to regulate the horse 'power and leogth of bets to e launched, hed from the boat launch fail t . Page pi,ar nifig Commission Minutes May 1 1962 Vote on the second MOTION to amend, 6 Ayes. ; Chairwoman Vasillou flay. MOTION carried. Roll CII Vote on HAIN MCi.IC 1 as Amended 6 ayes. Chair- RECOMWNDATI N Aw0martV4slliouNay. MOTION carried. AMEi:VCu) Chairwoman Vdsiliou stated iter rt eclat ive vote was based cart her Opinion that, in the -.urrent state of the eoctrlomy, the e pen-diture of money by the City and County on the develop- ment of parks arid t ells was ,"frivolous". Chairwoman Vasil,iou introduced this petit -Ion arta opened the CONCORD I35PublicHearing. Reddinq of the April 2 , 1952 Staff Report CONDITIONAL was waived. PERMIT (52020) Chairwoman ' asllzou, introduced Mr. 3oseph Milevska . Chair - w ttt,att asl.',,iou Inquired about art ad 0 a recent newspaper abet space, to ledSe r. Mllevskl indicated that Trammell frow as owner of the building, I$ ItedSing the carr nt oc u- pled space ,f-ir Concord House* Mr. M lev ki indicated t aeywouldbeutilizingdsmallerarea. The Commission discussed the concerns of retail sales, in an 1-1 District. Mr. Milevsk! referred to e conversation with the City Manager, In which, It was Indicated that art appl a cation may be viewed more favorably If the request is for curtly one sale. Chairwoman Vdalliou requested an explanation, of the comments. by the City Mat,ag?-, Mr. Milevskt, stated he thought the oomments were mads' on the basis that the Planning Commisslofihadrecentlydeolin,d a request which was for repeated Commissioner Magnus confirmed that the request now differed from the letter in the staff report. Mr. Milevski e plaa.n- ed that the request was revised to a one-time sale. Commis- sioner Magnus inquired what signage was proposed Mr. Mllevsk explained he l.n :eoded to hang a temporary slqn on the building to face 1-494 t. x 50ft,) and locate signs (4 ft. x 4 ft.) at various locations ,to offer ,tratfio direction. They would bt: t#dken d,:tw, at night. Commissioner Steigerwald ,nquired when the sign: would be located on the warehouse. Mr. Mllevski indicated they would like to put it up as soot, as possible. Page 119 Planning COMMISSIO I Minutes May 51, 1382 oMISSIOner pa ba inquired if there are any current retail outlets in other areas. Mr. Rile d stated there is a re- tail sore ` in Edina, and one in Mitintori a. CommisslorterpaubaInquiredifthissalewouldbeoperatedinonjuricttot, with sales at the retail. 'outlets. It Ives indicated the re- tall outlets Would riot be having sales. Commissioner Plufkd asked If there was a pricee dif erence between the merchandise at the retail stone arra that to be sold from the warehouse. Mr. 'Milevski, confirmed there would be a price d1ifference, as the merchandise is overstock, x - Chatrt e , and damaged merchandise.. h lrwomart Vdslljou closed the public Hearing. TIM by OMMIss,lorter Wise, seconded by Commissioner t lc er°wald to take actlon Ort i petition. Ayes. MOTION carried. ROTIOU bY Comrals Laner Magnus, secondedby Commissioner W*r to recommend approval of the Conditional Use Permit t=oroln- co d Moose to operate a warehouse sale subject tc the con- fdit ,forts as listed in staff report Recommendation S, with the times of operation to be Friday and SaturdayP.M.ter 5 P i to P.M; Ott Friday) . Mrd Mllevs l explained their desire to operate the sale from rtort to P.M. on Thursday, moon to 9 P M ort rlday, and Saturday from 14 A.M. to 5 P.M.ter. Mi:lev$ l indicated that the owner of the property, Trmmtell. Grog Comoatx as suppor- tive of the pet tloat and advertising rmatert al have f;•een prepared. Mr. Milevski stated that pamphlets adver t iSlingthesalehaveboortprintedandare. %:. dy to be mailed to preferred customers who would be , ,rved at the Thursday Lime- He stated that employees will be shuttled to the warehouse from the minnetortkd store in order to provide addltlona.l p-arking. hal.r% mdn Vdslliou stated the preparation of advertising InadvanceOfouncitapprovalwaspresumptuous. Mr. Mll,ev k, stared he assumed, 'From his conver ati n with the City Marta- er, that he ,had every reasort to go -head,." Commissioner SteigerWdid clarified that the hours of opera- tion, were riot submitted with the application als. Mr. Milevski stated he had riot arapr ciateo the % rtiFlcartce Page F-1drin4rig Commission Minutes May 57 -1 MOTION ; by Commissioner Wire, seconded by Commissioner HOTIW TO GNU tei erwaid to AMEND the HAIN MOTION b hart, the are ua e of co -editions I and 2 o-Recommendat aora 3 a$ follows: I. The times of operation shall be limited to r..dayx 11 A.M. to 9 P.M. and to Saturday, 10 A.M. to P.t mace , sh )Il not be installed before May 10, 1982 and subject to the Orcin nce provisions. No mare ttaara 5 traffic directional signs each 4 ft. x 4 ft. in size shall be limited to H19-Swdy 551 Xenium Lane acid County Road '15, and shall be removed._eich evening. 3. Cott dit ions 3 throuot, 5 are as stated. Mr. Mlltvskl requested that consideration be given to oper- atinQ 'he sale on Ihursdav as a "courtesy day",, - for prefer- red customers orily- 9,0 0 to 10,000 persons are ort the malling ,fist. Chairwoman ' asillou stated she could riot support the request. Roll C411 Vote ora the Notion'to Amend. 2 Ayes. VOTE ON MOTION Tm Commissioners Miignus, Stulber , pauba Plutkas and AMEND FAJL hairwomart Vasiliou, Nay. MOTION fails Roil Call Vote in the MAIN MOTION 3 ,dyes. Comma,ssloners VOTE ON MAIM MOTION 5tulber" * Pduba, :Ste gerwaid, and Chairwoman Vaslliozj, Nay, FAILS MOTION faxes. Commissioner < Pauba stated, he did riot vote 'in favor of the request because the petition deal riot meet the Ordinance Cr .terxd for retail sales In the 1-1 District. C. )m lssxon- er tel er ald stated- he did not vote in favor of the Mot ion because the time ;requested for operation of the sale must be reasonable to make It beneficial to operate such a sale. Commissioner Stulberg stated that, a precedent has been set, and he cannot support this petition. Chairwoman Vasiliou reiterated that a precedent has been set and therefore she cannot support the request. Cha ,r%wman Vasiliou explained that the City Coijncll has yet to r a:ew the application. page 123 Pidnaing Commission minutes May 5, 19'682 Staff eNPlolned th4q changes that occurred were to the State legislation, and riot City policies. The State, legislation previously allowed the dlvl.s tn o land intoparcels with 300 feet of frontage without City apnrovalThe law has been changed to allow the division of property into'20 acre parcels with 500 feet of frontage without the approval Of the local community. The City policy regulating urban development, was established lit 1975 and has rot beca r rl std Chairwoman `a i to c ono rmw with . Adder on that he understood the chdriges. Frank Krizy Consulting EnOneers Divers4fled, explained that he Is a Registered Lono err-ey rt and displayed a qraphic highl g atiV9 the T tW)er Of existing 5 acre tracts ` in the vloinit . Ica Cutail,rrghamt stated he was aware of the State law, and PX:Lairs d that the City told him there- were no changes in pcllc*° requirements. Chalricrrrrds tl lou confirmed that the Cls :, lcl s have riot changed. ltinclham read her prepared' statement which was sWa l etc. commission. The statement outlined tl 1-1 LAXISS dila Ate- pts t ell th;erop fty 's inc 77 ; the impacts the a 11irtit dd Income has on,, the submittal of an applioa Toni the imp cats of City policies .jr>j infiormdt- lon and, the hardships experienced by her and her family. ;the stated her hardship would he greater 'than any realized '4 the Cite. Upo t completion of reading of the stat t mnt, Cha rwo an asiliou confirmed that Ms. Cunningham understood the oha(tg s to the State law. Chairwoman Vasiliou ,asked the potential purchasers of the property if they have ver, erified the City policif; and hack o urban services. rte buffer ,ndi ated that financialtty ,he could riot word to purchase til ' acres$ arid when he was Informed that the petitioner was prooeedi nq to divide th property he entered Into art option agreement. Chairwoman as , l iou' asked Mr. Anderson l ` he investigated the r eclu l a - tions for dividing property In the City arid selling #and before It was divided. Mr. Anderson explained that last year he believed, the property could be divided and thus sold. Rage 124 p dram r#4 Commission Minutes M'4y 51 V82 Natty ` n*a 40hani submitted statement from the nelghb r: A ich supe r_ ed the request, C d rwrt aadra VdSMOki cable ved that ft. Cuqraj as har is ,4 Victim Of financing -arid that the City does not h ,e direct control of the eeonomy. CcmMissicoraer Wire dskel staff to ideralify when the fast similar application was approved. Staff stated that similar applic .tiorts iiavt nOt bee,, approved. T "ity has approveddevelopmentonexistrajtstwhichjrtrutPublicstreets. Ccrrar"*s scaler Wire cOr merited that Policy Resolution ,No. 75-.664 In Condition No. 3 allowsfor variances from the e taib .shedrequirements. Staff stated that the SubdivisionCodealsoncluesuidtxiraes' for granting v'dr ,races Commissioner plufka stated it was important that pcatentiol, buyers understand the ev i services that will be , prov id - c ; irr this area, dnd, that t was pprc riot tc, have afuturelayoutf0fthetcpertyas, submitted Commissioner luf d submitted that the Planning Commission has the power to gzant v ritinces Barad that his concern is riot creatingProblemsforthefuture. Commissioner Wire stated that the determindtlon, is a subjec- tiVe decision, and he is }pct sure aa.ds ip card edistinguished. Staff state that dray Policy or ordinance by ,taw, must pro- vide v riara e provisions, and it is art of the PIdnaltiqCOrt'i IS$10ra diad City COUncil duties to review these r quests.. MOTION by Commissioner Stulberqt seconded by Commissioner RECOMWMATION 1ddbatofecommendapprovalOftheLotDivisionandVariance ap iicd ion submitted by Letty Ctararain ham- subject to the Ponditions stated It, staff report Recommelcddtlon C on thebd ;is that the pirOosdi satisfies the Poll cy and crude variance guidelines. Commissioner ta#lbff,r cuaam;,ratcd that he Moes rant cc a burden being placed on t e Cjtyr and the petit t r,eshas p rieraced a hardship aitc dtis les the variance guid - IIneS. Commissioner `.fir concurred. Corttr is ioner Plufka stated k # hit the hardship has been demonstrated And the pity awoul dnotbeharmedfromthepldatilia 't)ect of the appli dtidra. Commissioner Plufka. reminded the Potential buyers they mustacceptthelevelofsrvies. AD30URN12.05 A.M. CIT I Y OF PLYW TH age'two Resolution No 8- Appropriate metering facilities for -and sanitary sewer shallbeconstructedttheParkboundarynear36thAvenueNorthasapproved by the City Engineer. All parcels witi.n the park boundaries shall be consolidated toa single real ;parcel. 0. Any signs visible beyond the park boundaries shall conform to City Ordinancestandards. i. The Park shall be maintained in a sanitary manner and all waste disposal facilitles shall be stored in appropriate containers and eiriclosures. Appropriate Ordinance required Site Plan approval shall be obtained prior to construction or conversion of any primary structures to be occupied and used for such uses as District Offices, maintenance facilities, and the like* other improvements such as shelters, sanitary facilities, boat launch facilities, and similar accessory amenities are approved as , part of this permit. This permit is subject to detailed Site plan (Landscaping,, screening, parking facilitiesI., review and approval by tile City. The maintenance facilityshallbeforthispark (,,tly. 13. Screening plans shall be prepared for those: areas with external impacts to adjacent land uses ;per City screening requirements. 14. City trails In phase 1 shall, be developed according to City stare rds. 15. The permitis predicated on the development of a "management envelopell by the appropriate agencies, which will establish regulations for the maximum number of boats the Lake can tolerate, the maximum horse poorer motor hich will be permitted, and the protection of spawning beds and other environ- mental features 161. Hours of boat launching shall be limited considering adjacent .land uses, such as the nursing home. 7. Canoes will be given unlimited access.. No- artificial equipment modify to the natural occurinq phenomena, such as wave makers and snow makers,` are permuted. No amusement park facilities are permitted. 194 Criteria shall be forwarded to the Planning Commission through the Director of Parks and Recreation est dishing the compatibility and viability ofmultiusetrailays' Use*, motorized and non-motorized), otherwise all trails shall be limited, to pedestrian use only. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being. taken thereon, the 0-110'rit ata ai+or thereof The fdl10 Vinq.,Vote-d-7 or Whereupon the Resolution was declared duly pass cep PLANNM COWISSION RE.r ND T1 FOR MY 51 198 APROMSUBDIVIS CN CODE AND URB44 DEVELOPWNT POL11ti V RIA E $ FOR LOT DIVISION FOR UWL TTS „AND FOR LETITY CUNNINGHAM S? 015) WHEREAS) Letty Curs tingham, his requested -variances fordivision of 20- acres of un - platted land located at 15140 C £urrty Road 47, northeast of Vicksburg Lane and County tad 47 into four parcels-, eiid, WHEPEASt the Planningng Commission has 'reviewed the request and recommended approval NOW, TdEREFORE, BE 1T HEREBY R t D BY THE CITY COUNCIL OF THE CTX OF PLYMOUTH, NINNESCTAI that it should and hereby, does approve the subdivision variance for lot day is on of unplat ed land for Letty Cunningham, ` 15140 County Road 471 and that the Citi ana er be authorized to make the necessary special assessment corrections based upon ity . policy when the division Is approved by Hennepin County; EXISING LEGAL S 1pTIQN, `That part of the Northwest 114 of the Northwest 1/4 of acctoccwrship Range 22, Hennepin County, Minnesota lyt q North of the centerline of Hennepin County Road dumber 47, Except the fest 50. 00 feet as measured at right angles to the 'Fest line thereof. Also, except the Southwesterly 40.00 feet as Measured pit right angles to the said oentorline. To be divided Into four new parcels as follows: Parcel'-, ;The North 300.00 feet, as measured at right angles to the North line of that part of the Northwest 4 of the Northwest 1/4 of Section 41 Township 116, Ranq , Menne in County, Minnesota .Lying West of a line hearing South Z degrees; 30 minutes 3n seconds West from a point on the Now7th tine of said Northwest 114 of the Northwest 1/4 distant 766.87 feet East r y alotrT said North line from the Northwest corner of said Northwest 114, of the Northwest 114. For the purposes of this, description the North line of the i4urthw st 1/4 of the Northwest 114 of Section 4 is assumed to bear South. 59. degrees" 43 minutes 59 secunds East., Subject to Vicksburg ; .ane over the west 33 feet thereof. Subject to easements of record if any. Parcel . That part of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 115, Range 22, Hennepin County Minnesota lying West of a line bearinq South Z degrees 0 minutes 30 seconds West from a point on the North .etre of said Northwest V4 of the Northwest 1/4 distant 766.87 feet easterly along said North line from the Northwest 1/4 of the Northwest 1/4$ and lying North of the centerline of Hennepin County Road Number 47. Except the North 300.00 feet, as measured at right angles to the 'North line of said Northwest 1/4 of the Northwest 1/4 For the purpose of this description the North line of the Northwest ' 1/4 of the Northwest 1/4 or said Section 4 is assumed to hear South 89 degrees 43 Minutes 59 seconds East. Subject I ub ectI to Vicksburg Lane over the West 33.00 feet thereof. Subject to Hennepin County Road Number 47 over the Southerly 33 feet, thereof. Subject to easements of ;record, if any. f