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HomeMy WebLinkAboutPlanning Commission Minutes 06-09-1982PLANNItC COMMISSIot4 MINUTES CITY OF PLYMOUTH UW 9' 19-82 A rogo ar meeting of the Plymouth Planninq Commission Was cal led :to order in the. City Cpnte ou , x , Chambers at 7 3 PQM. by Chvijirwoman Vasijjou. MEWRS PRESENT; Chairwom Wasil , Ca ission rs Ia Jnus, to b rq, Plufka, and Wit o. WMIPERS ABSENT: Commissioners Steiqerwald and Pauba.' AFF PRESENT.- .- omm n ty J) ,. e, opm nt Director Blair Tremi. . Community aev lop ent Coordinator Sara :.Ne onn MINUTES M{ T t# by ComAssiorier Pluf a, seconded by Commi.5sioner Hagnus to approve the MiAlItes of the May 26, 1982 meeting as corrected. Vote, 5 ayes. ` MOTION carried. PUBLIC HEARINGS Chairwoman Vasiliou introduced the request submitted by FAMILY ENTERPRISESFamily ,Enterprises, Inc. for Conditional Use Permits to INC. operate a Class 11 Restaurant withcarry-out service, and ars CONDITIONAL USE am seiment cert r witbin Four Seasons Shr. ppin Center. Staff PERMIT (8202 8) reviewed the staff report dated gune , 19-82. Chairwor an Vasiliou s mmarf ed the petition Including the hers of operation, number of gages, type of games, and management plan. Chairwoman Vasf iou recognized Mr. KeithSharp, FamilyEnterprises, Inc., who -Indicated he was available for questions. Bill Milon, 10525 37th Place North, stated he represerted the Middle East Ho eowners Association. The Association mnt with a old li_ anker .representative who indicated the ten- ants of the shopping center were aware of, and In favor of the proposal. Mr, Milon Indicated they were not opposed to the restaurant. but were concerned about the video qame row proposal. Mrs Milon noted problems with an earlier game room which was :.ocat°:1 near 36th Avenue North and 'County Road 18. also, he jaiicat d that a previous Conditional Use Permit request fora '11ey= was dented partly on the basis of the came room area. 157 page 158 Planning Commissionroutes Mune 91 i Chairwoman Vlasihou clarlrled that the bo Ting alley Con - Use pe mi.t requps . was not denied solelyon the game room area. She cO'Afirmed with Mr. Sharp that the old - el —Banker' represer atives had the authority to speak for family EnterprisVis, Inc. Louise 4100 Nathan Lane North, stated that she lives one block from the shopping C -n -t r and expressed concern that the code o n regulate machines, but cannot regulate the i people who would patronize the facility.Ms.g Smith stated that the Pl mo-ith police have'ideotifle this area as harint the highest incidence of reported crime. She state*, she dors not feel a restaurant with a name area would contribute to the neicborlrbod Philip PQterson, 4040 Pilqrim lane North, expressed concern that, with the increase in children, who would patronize the facility there 13 not, adequate traffic control in this arca, Chairwoman asiiiqu closed the Public Hearing Keith Sharp, Family enterprises, Inc. submitted statements from tete tenants Of the sh(apping center ' i ndioating they "erg; In favor of the pn,opol. al. NV7. diA. lar asllinu o firmed that al of the terrain's hadr s,akmAtt ed statement -4. Mr. Shar;) noted they are dependent upor the earlier p anninq of the mail area to have ` designed an adequate traffics - tett for -the area. T10 by Commissioner Stulberg, seconded by Commissioner Wire to take action on the proposal. MOTION cdrrie . MOTION Dy Commissioner Stulberg, seconded by Commissioner Magnus (; recommend appro,,al of the Conditional rise Permit RFCOMWNDAT ON A request for a Class li Restaurant for ' Family Enterprises, Inc. subject to t)'te requirements and conditions as submitted in the draft Resolution- the hours of ,operation shall be p r t o petitioner's equ st $ riot to exceed 11.0 A,, o., Sunday and subject to Liter codes, ordinances, and r quIation x Commissioner Magnus Clarified that the requested hours of operation are cutiined in the May 28, 1982 corresp nderce from Mr. Keith Wiarp, Pae 159 Planning os missl.on Minutes 3une 9t, 19? Commissioner Pl f a Inquired if the City enforces a curfew. Staff' explained that there is a curfew enforced citywide 11401 Is broken down by age group. Staff suggested ii the hours of operate, in on Sunday be allowed until 11,00 P.M. if the petitioner should choose to closeeat laer they wouldthenbewithintheapprovedhours., IOTIO l to amens thc Main lotion bV Commissioner Wire, specifying that the hours shall not extend beyond 10.00P.M. at anytime. MOTION failed for lack of second, Vote 4 eyes, Commissioner Wire Clay, Commissioners to i erwal d and auba absent. MOTION V07E RECOMWNDATION A carried. MOTION by Corm isioner Stulberg seconded by Commissioner REZ'0MWNDATjoN gMagnustoappro4- the request for a Conditional Use permit to operal.e an am°isement center for Fam*. "aterprises, . ne. subject to the conditions and req: re er.s. , reflected In the draft # osol t'on Witt, C ndxtlon No reading: "the hours of operation shall be per the petitioner's request, not to ex- ceed 11-.00 .M . on Sunday,, sub ect to City codes, ordl- nances, and regulations. Com i6srioner plufka confirmed that the curfew regulations could still be enforced. Commissioner Wire asked to be on record stating that he believes the request is totally out of character for a neighborhood shopping renter. He stated a more appropriate location would be a regional shopping facility. Chairwoman Vasiliou explained that her support was based on th-( fact that the City Council took into consideration that slier businesses would be ,proposed when the amusement center Ordinance was developed, Commissioner Wire responded that the C'OMMIssion still has the Opportunity to make reasonably, cho ceb which could include recommendat Ion for denial, of the request 0T 4 ayes)Commissioner Wire Nay. Commissioners VOTE e} COMMEliTIO 8StellgerwaldandPaubaabsent. MOTION carried Chairwoman Vasillou I'Att(Auced the request-, readinq of the CONDITIONAL USEMay28, 1962 Staff Report was waived, PERMIT AWNDMENT Chairwoman Vas lion asked .about the purpose of the temporary 82029) trailer, and why the survey submitted with the earlier approved Site plan diol not identify the existing garage onthissite, Pees 160 Planning Commission tAinutes Del isuhmagn, Quality Homes, Inceexplained temporiry trailer his beenj, ani would be used as a sales offiee. Now fie would like to develop a modelunit In the istino garage. The petition, includes a request to contin- ue the ; use Gf the -sales, trailer with, the -gar.age mo,d x hairwdr;ian Vasi.,llou inn u,iro.d if the petitioner has a Destruction txaair ort the site. Mr. ishmann stated there ,is none since con tr"u tions has not started. ha:ir- wan Vasiliou asked why' the. sales unit and the model, unitcouldnotbecontainedwithinthe. oarage structure. Mr. 1sohm nn indicated that part of tf€odelunit would not ap z ar as a resldenti4,nit. he stated that thegarage/ model unit may not be mated, and could be uncomfort- able t- ab'l for sales-office s in cold weather. Commissloner ply f a pointed cut that if the sales trailer was removed, then the model couldbe. heated. Chairwoman Vasiliou asked why thc submitted surveys did not Identify the a i s. ti.n garage unit. ter. Wischmann explained that the. graq was butler tri years ago, and it has been sch driled for removal when, the site Id developed. M stated he could not answer for {. _ surveyor. Staff axpl ,in d that the trailer was administratively approved per the Ordinance provisions as a temporary sales office., A condition of the approval. sp 'i, fi od that the trailer should be removed Dc mb r 31, 1982. Staff observed that the model and salesoffice could be conducted from one 10 ati n. It was explained that when a formai: model unit within the condominium building is available, the temporarymodelunitandsalesofficeshould _ be removed. Mrs. Wi s hmann confirmed that it w,as their intention t remove the bui ldInq when the formal model is open. H requested that the Permit be valid for one year from the date of issuance. Chairwoman Vasiliou closed the Public Hearing- TION by Commissioner Wire, seconded by Commissioner Plufka to take a zlon oA the jtpin, MOTION' carried. MOTION by Commissioner Magnus, seconded by Commissioner hire RECOMWNDATION C to recommend approval of the Conditional Use Permit request for Quality Homes, Inc. per the conditions and requirements reflected in the draft Resolution except that Condition Vin. 9 shall reach, "This permit small; expire one year from the date of issuance". Planning Commission Minutes Jure 91 1982 MOTION by Commissioner Plufk to amend Condition No. 9 of tete Fain Motion to, ready $'Thi Permit shall expire December 31Y 1915Z with consideration for review and/or renewa tt, MUTTONMUTION failed for lack of second MOTION to .Amend by Chairwoman Va it lou seconded by Comm' loner Stulberg to change CoAdi tion No. 7 to read. "The tem- porary sales trailer shall be removed uponcompletion construction of the proposed unit for the purposes of a model acid a ,sales offloen VOTE Ott Amendment to . din Motion, 5 Ayes. Commissioners WEteleraldandPaubaabsent. MOTION carried. VOTE, orf Main Motion once a tendeddyes# (,.Mmi5sloner 1, t erwal.d "arid Pauba absent. M T,l P4 carried,, Chairwoman Vasil introduced the regi.rr, s . to locate an ama- RONALD IDOterradeantennaatMagnolialane. Reading of the May N C W TIONAL USS' 6, 1962 staff report was waived PERMIT ( 77 Chairwoman Vasillou recognized; the petitioner. Commissioner Stulberg confirmed that the proposed antenna would riot affect the current radio and television recept- ion. ter. Dobmen compared It to an existinab -ft :ower located , on County Road 15 after several ' year.5. one complaint had been issued , ,vollvinq interference. The Solution involved adding a fUter which , eliminated the interference. Pyr. Dohmen _explained that the tower elevation would be operated by remote control and that the tower. is Commercially designed, Commissioner Plufka inquired if the petitioner Would install the neces ary filters if interference w-,s caust d . Pyr. Vohs en explained that every manufacturer will provide filters and that he could help the resident obtain the filters. However, he cannot personally ` instal l the filters as Pie would then be liable. Commissioner Sttilberg expressed concern that It would be very difficult to determine how and when the interference was cause It was suqqested that the Conditional Use Permit be reviewed in six months to deter. - mine If there have been any problems. Commissioner 'Wire stated that the FCC regulates broadcasting activities and controls interference quite well and that It would not be necessary for tree City to be Involved. Planning Commission Minutes une 1 1 Chairwoman Vsillou £ reed, Mr. .Dohrmen confirmed that the FCC does regulate interference and investigates complaints. om mi.5sl.orier Stulberg inquired what type of communitv servi- ces Mr ohmen could provide. Mr. Dohm n explained the sister -city programs, telephone patching service to remote areas, and telephone messages relayed ` to rploat:ives located overseas , Chairwoman Vasiliou closed the public Hearing. MUTION by Commissioner Ma nust seconded by Commissioner Plu `ka to take adtiOn on the petition. MOTION carried. M TION by Commissioner W.re, seconded by Commissioner Stul- E-C'OM 'NDATJber, to recommend approval of the Conditional else permit request for Ronald Dohrmen to locate an amateur radia antenna atnU5 Maq olia ..anesubject to the .conditions and require- ments reflected in the draft Resolution with Condition No to read.- "Maximum tower height approved is 70 feet". VOTU.,, 5 Ayes. Commissioners Steigerwald and Pauba absent. MOTION carried. OT W1 BUSINESS hazrwomar. Vasillou introduced the request; reading of the May Z7t 1962 staff report was waived. The petitioner's rep- HELLAND RES 'ARM & resentative , Glen Burnet o "olp Construction Company we- ENCTWERING COMPANYintroduced. SITE PLAN (820 5) Commissioner Stulberq:, inquired if the petitioner would have a problem with screeninq the roof -top equipment. Mr. Burnet indicated the equipment could be screened and explained that some screening can bring about more attention to the eouip- glent and there might be problems with snow build-up around the screening. MUT ON by Commissioner Stulbe.r , seconded by Commissionerpl.ufka to recommend approval of the Site Plan request for R COM ",NDATIONHellandResearchandEngineeringCompanysubjecttotte conditions and r quiretments reflected in the draft Reso- lution, I I I ADJOURNWNT 6.*45 P.M. RECOMWVDATION A PLMNIW' ST N FXCO. ND T S F d RECOMWNDATION 8 NG COWISSION -RECOWPEWUATIONS FOR MW 9,p 1952 APPROVING CONDIT."O AL USE PER141T FOR FAMILY ENTERPRISESi INCORPORATED FOR AN AMUSEMENTCtNTERIN `SHF, U-4^ ZONING DISTRICT LOCATED IN THC FOUR SEASONS SHOPPING CENT 020?8) H R A:S$ Family Enterprises, Incorporated, has requested approval of a Cnd al usepermittooperateanAmusementCenterinthe - Zoning District a In the FourSeasonsSoppingCentersouthwestofCountyRoads9and1and, WHEREASI, the Planning Comm%ss oq has reviewed said request at a duly called publicHearingandhasrecommendedapproval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA* that it should and hereby does approve the request .of Family Enterprises,, Incorporated for a Conditional Pse Permit to operate an Amusement ent r ire the A-7Zoning € istrict Located in the Four Seasons Sopping Center soukbm-,est of County Roadsand16subjecttothefallowingconditions* 1. The permit subject all applicable Codes, Ordinances and regulat.1.1ons, and violation thereof shall be grounds,for revocation. 2. All waste and =waste containers s pall be stored per Ordinance. and nooutsidestorageis 'permitted. 3. Loading and unloading operations' relevant to this operation shall beconductedinthe ,approved designated areas. E 4. Signage shall be per the approved and adopted Four Seasons Shoppingkpp f Center Sign Criteria. 5. The premises shall be maintained in a sanitary manner. 6. The hours of operation shall he per the petitioner's request ton( exceed11*00 P.N. on Sunday and subject to all MY codes, ordinances, s, and r gu- latsons. 7. The Permit is issued to the petitioner/tenant as operator of'the facilityandshallnotbetransferable, 8. Th;re shall be :no outside display, sales or storage o merchandise or related materials. 9. The Perm.. t shoal be renewed in one 1 year to assure o moll neewiththeconditions* 10. Renewal of this Perin is also oo :tingent upon renewal of the Amusement Center llo rise per City Code Section 1103. Should the license not be renewed, this Permit shall b null and void,, '" RECO - NDAT V C PLANING COWSION REC-011*1ENDATIONS IUW , 1982 APPROVING CONDITIONAL USE PERMIT AMEND T FOR QUALITY MtS3 JrIMRPURAT E WHEREAS, Quality Hom;sj Incorporatedhas requested approval of a ohditleno'l "Ise PermitAmendmenttooperiteadwellingunitdisplaymodelinanexistingfarae Sa amoreCondominium" site Iodated north of County Road 9 and west of T"rentoli_ Lane-, and WHEREAS, the Planning omc iss ion ha!: reviewed said request at a duly called PublicHearingandhasrconnmendedapproval NOW, THEREFORE, 1; IT HEREBY R OLVET BY THE CITY COUNCIL OF Tlx: CITY OF PLYMOIJTHIINNUTA, that It should and hereby does approve the request ofijljty HomesIncorporatedforConditionalUsePermitAmendmenttooperatedwllingunitdpl. kyr model in an existing garage on the "Saga ore Condominium" site located north oaf Coling Road 9 and west of Trenton Lane subject to the following conditions: waste and waste containers shall be stored within the structure. Z. The site shall, be aintalnod in a sanitary manner, 31. The permit is 'Issued to the petitioner/tenant as operator of the facility ;and shall not be transferable. Any signage shall conform with the City Ordinance standards 5. The permit is subject to all applicable codes, regulations and Ordinances and violation thereof stall be grounds for revocation. 6. There shall be no outside display, sales or storage of merchandise or related materials.. 7. The temporary sales trailer shall be removed upon ompletion/oon tructlon of the proposed unit for the purposes of a model and a sales office. The existing gara elr ode.l unit shall be removed from the site upon occupancy of tate formal model lrni.t in Building oto, 5, or upon expiration of this Permit -1, whichever occurs; first. This Permit shall expire one year from the (late of Issuance,,