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HomeMy WebLinkAboutPlanning Commission Minutes 11-10-1982CIS OF Pi,. K TH PLANKItt,. COMISS190 MINUTES HOVEWLR 109, 1""82 The - ar meeting of the Plymouth Planning Commission was uai led to order at :30 P.M. WWLRS PRESENT-* Vice Chairman tier aid, d issioritzrs Magnus, P ufka, Pauba, and Wire Uz P*M.) W.RXR5, MSENT Chvliriwman Vasiliou and Commissioner tul berg SO4-: CommunityDevelopment Director lar `fir ere Community D %,eup int Coordinator Sara McConn su i,a e Planner Alutting dam MINUTES MOTION , tommiz,5ioner Pauba, seconded b. CCommi. sin r lacus to approve the ' Minutes of toe October 20, 1982 ' Plart- ning Commission meeting as submitted. Vote 3 ,dyes. Vice hair do Stei.g r aid Abstai ned. Chairwomav,. Vasiliou and Commissioners Stu berg and 'ire absent. PUBLIC WARING 1 Vice ChairmanSt igerwal,d iatroduced the proposedCondition- DOLPHIN POOLA PATIO al U,5e Permikt applications to allow retail sales in the B-3 CONDITIONAL M on x nq District, and out s "de storage for HdryBlumenberg PERMIT (82057 ) representing Dolphin P )ul & Patio, Reading of the October 1752 staff report was waived., Vice Chairman Steigerwald opened the u Ji-o Hearing nd recognized Mr. Travis Watkins, -representative for the petitioner. Mr. Watkins, ref vied to correspondence dated Havember 5, 198Z (attached to the staff report) ' which explained, try the petitioner believes that 16 parking will provide adequate area. for parking. fir. Watkins refer- red e e - red to similar busi.n -s which are larger thou the proposed business' and u 1, i cd Iess parking area. He explained that there is verb Little drive-in business,, Cam i,_siun r Pan a t r erre that the petitioner deals with ; a large size product which requires a larger retail area. 7-,tiissi'oner Wire indicated that pug owners more than. the general public would be ' visiting' the site on a regular basi=s. Vico Chair - an Ste gerwal.d statcd tie could verify that, tie business produces a,low amount of traffic since he is familiar with the peti .caner's business. Page 290 platininq Commission Minutes, No,xmbvr W. 198 Commissioner Plufka inquired the business increased in they spring of the year and t erefove tTqurred addition. parking'? Mr. Qtkins explained that tht business did not substantially inert, dsv j and that in a "good business month approximately f to i2 people would visit the facility. It was, explained that typically, a representative ut the comp- any visits a customer's bums rat oor than the oust mer coming to tae- business location. Commissioner Alufka st ied ht a !iuwed that the primary sales dealt with the associated chemical pr dont, and not the ool. thymselve* - Vice Chairman s(eigcryald i nQuired about the tr°ca€:; to be stored outside. fir. Watkinxplained that one truck would be stored in the 'e nk!,ed area year around. V icy; Chairman Steigerwald closed":te uk) is Hearing. MOTIOR by Commissionep Paqba7 seconded by Commissioner Plafka to take action on this iteRm this evening.; Vote Ales. lmissidaa r Paubd inquired if the pet itioner needed both Conditioaal Use Permits, (one for retail sales, and one for outside: storage) to operate. Mr. Wa ins seated that both permit*1 are needed; other -wise, alternative arrangements oul ttteve ar Staff reviewed slides of the existing building `aria# slidet, of l'earcinq which' is similar to that pr po-sed to, screen the outtiide storagearea. MOTION by Commissioner Pavbat seconded by Commissioner of a to occommend appeov l of the Conditional Use Permit RECOMWNDATION to. allow out -side storage of business, ` related itemfor Dolphin Pool & Ntio subject to the, conditions stated in tie staff report. Commissioner Pauba reminded the p it ner off` rthe ; recommended condition that the outside storage be main_ tatraetd vi an orderly manner, and that the permit is subject to renewal. Commissioner Wires reminded the petitioner of oondition no,, stating that the typroved screeninging sha l: be constructed around the donignated area b faro awayut: ide storage is commenced, The petitioner -concurred. Roll Call Yate. 5 Ayes. NATION carried. VOTE Fagg 291 Planning Commission Minutes NoNember 10, 1982 M TION bay Commissioner Plufkaj, seconded by Commissioner RECOMWHDAT109 B fats. n. to approve the Conditional se Permit for retail Li the B-3 Zonirm.stria for Dolphin Foal & Patio at WCA5 County Road 18, subject to the voriditions as stated VOTE t ,he staff report, Roll Call VoteAves. MOTION, carried. Vi(te Chairmaw Steigerwald, introduced the request submitted LKJRENT DCVELOPWNT by Laurent Development; for a Resident ial, Pldnped Unit eve - RPUD CONCEPT PLM opmerit Concept Man proposed for property located northeast 82452) of 47th Av nue North and Vicksburg Lane. Reading of the October 20, 1982 staff report was warvk)d. t11 i" Chairm4n Steigerwald intv)dueed Mr. Gary Laureritt who explained that he is the son of the landowner and has been in the construction business W„rth brothers for pproxi- mately tent years. He stated he qenerally agreed with tate 1 staff report and understood the MUSN boundary as it relates to pha4inq of oortstr ct -ion. It as anticipated that the i trst phase of the project will commence in the spiInq of 19831* This phase allows an diversity of housing types and responds to the current market conditit.ns. Mr., Laurent explained that ltcs has met tra.th representatives of Hans Higen Homes,, who have indicated their cooperation With r =$ #ssar revisions to the "Amhurst” development parept Staff noted i -hat a letter was re eived at tate meeting from Mans Hagen Homes no ting their intended cooperation. Vice Chail-man Steigerwald opened the Public Hearing. Douglas Schroeder, 8300 28th Avenue North, explained that, ti 4nd his wife own property at 5234 Vicksburg Lance where they plait to burl.d a home in art area they thought was rural in charaoter.. Mr. Schroeder stated that his initial concent a. was that a major development, is proposed for land which eac- tended beyond the Metropolitan Urban Service Area (MU A) boundary. He noted caoncerrts that there would be all impact the wildlife and traffic. ;Also, qtr. .-hroeder inquired where the proposed internal road in the. northwest corner o the sate would be ;extend d$ since his parcel as went of this site, and it appears the road will go westerly to Vicksburg Lane. Mr*.- Laurent explained that he un er stoW tete statin of the AU A i r ne, and that it would not be feasibl e to amend it* Location.. With respect to the internal roadway in the northwest 'corner of the project, he explained that the road would not: be constructed for a long time, and that there is considerable distance to Mr. Schroeder's property which does not abut the site).. i Page 20-4 Planning Ccmrgissl n Minutes Nov'ember 1, 1 r Vice Chairman St lgerwald explained that this is a Concept Plan, and not f ndl development pl ans j, and confirmed that the developer understands the ` WSA bcundar , location, and that urban development cartnot be considered hey ci d the MUSA. Staff explained the location of the MUSA boundary and the needed sanitary: ewer i titereeptur requirements befGre devel- opment, ev - pm nt dcould occur beyond the MUSA boundary. The land located on the south side of the MUSA, boundary can he devel- oped as it is serviceable with `+ $l t es. The MUSN boundary was; determined by physil.cal faotcr; as A ell as polio fact- ars it toineides with future Hamel ft ad in this, area. Commissioner Plu ka confirmed that the arca of l tid located beyond the MUSS boundary *Luld be platted as an dutlot.. Staff explained that as the project is pursued in the pl.an- nOg phases, su:,,h questions as ` internal roadway, location and its t p ct on, adjacent properties wdula be considered. Ben -Bro ao, 4055' larg,er ni-, North, explained, lie though the proposal was satisf4ctory except that he requested the petition r to consider extendingng internal roadways to the east between the ra lrAo ad tracks and Hamel Road. Vice Chairman St iq ryal.d indicated this could be taken into consideration during the subsequent pl.a ningphases. Vice Chairman St lgerwald tilos d the Public Hearing. T1014 by Commissioner p"lufkaj s Bonded b Commissioner pauha t take- action can this item this evening. Vete; Ayes. MOTION curried ice Chairmdn St igerwald inquired if the petitioner antici- pated providing recreational amenities for the open, areas around the attached units. Mr. Laurent explained that con- sistent o wsistentwiththeOrdinancerequirements,,. plans for such amenities would be submitted in the nrcl iminary Plan/plat Commissioner Magnus inquired if the road access for phase 1, being provided from Orchid Lane only, would place a burden on the "Arch et -it" developruient with respect to traffic and emergent ° access. ' 'Istaff explained that access was reviewed and that the ant o1pated number of units in Phase I 'should not create a harden. Planning Commission minute-s' Dick Krier,, Westwoodood Planning a 1 ngineel in , representing the petitioner, explained that 82 uil.ts are proposed in, Phases I and 11 whieh would utilize the Orchid Lane aeoess. Phaue 111 (,whtch would inolud > 26 more units) would require the extension of Hamel Road and Minnesota lane to provide additional circulation. Commissioner Magnus expressed 'Con- cern that additio.t l roads should be provided edr l:r.er in the development. Commissioner Wire inquired J 47th Avenue North would be extended to ,the west.: ter.. Krier explained that the road would. not be extended beyond the subject property by the petitioner. MOTION by Vice Chairman Steigerwald, seconded by Commission- RECO ATI.ON C er Pauba to r eommend approval. of thc RPUD C'onc pt Plan for Laurent Development subject to the conditions as stated in the stat" 1 report. 3"i4 T T l< `' yr fi'sii6 vF 7 `a c* 'a'ca 3 see "nded by Commissioner MW- NT Magnus to amend the gain Motion by adding Condition No., 9 to read that the pr 1in't inary plan and plat application shall address the internal roadway circulation and thoroughfare needs as it relates to the phasing of this development and to connection with future and existinc roads in this area. dote on the :Amendment. 5 Ayes. MOTION carried,, VOTE ON AHLNOWNT Vote on the " i IN MOT ONCE AMENDED. 5 Ayes. MOTION VOTE ON KNIN MOTIF carried. L'W BUSINESS Vice Chairman atei erwald- introduced the request by the ARCH THE Church, of the Epiphany for a Final Plat of two lots located EPIC'FINAL PLAT in the southeast corner of Hamel; Road arid. Nathan Lane. EPIPHANY ADDITIOWI Redding of the October 18, 1982 staff report ;was waived, Vice Chairman ate gerw, lc introduced Dr.. hob art Hoo r, rep- resenting. the Church of thc* 1„p ph;viv.. Dr. Hoover explained that he onourr d with thttaffreport. Inquiry was made whether separate financial guarantees could be submitted for the _utility improvements and landscaping-, and other site im- provements. Also, Dr. Hoover inquired if a Building Permit for foundation and footings could be issued during the sewer construction. mice Chairman Ste + erwald explained that the Planning Commission does not address these specific items, but the inquiries can be made part of the official record. Staff explained that separate < guarantees may be submitted for the various, improvements. It was, suggested that the Engineering Department be, conbaot d with respect to the itcanccal guarantee requirements dor' the sewer improvements. Page 294 Planaing Commission Minutes November 10, ;1 It was further explained diet if the utility work is oom er'iced and ongoing, a Building Permit may be issued. NOTION by Commissioner Plufka, seconded by Commissioner Wire fV-,:OMWN0ATIQN f to recommend approval of the final flat of "Epiphany Addit- WWI forthe Church of the Epiphany sub e -Lu the condit- ions as stated in the staf f report. Vote 5, Ayes. MOTION carried. VOTE OLD WSINESS Vice, Chairman Steigerwald 3-ritroduced the request for an PATRICIA DONNELLY Amendment to a Conditional Use permit for the ReCre4tf.onal D161A AREA ADVISORS -l" Building acid Railro,d Car in the "fox Meadows" Office Com- INC. MD OTHERS,/CITY plex. Heading of the October l 198Z staff repot was COUNCIL -- ASEND NT wdivest. TO COND'TIONALUSE PE4ill A-441 1982 Mr. Tom Ulmen. Attorney for the petitioner was introduced. Mr. 'Ulmert ex,pf, aired that there_ were two items in the draft Resolution, conditions 5 -arid 7 which econeerned tele petitioner. It was explained that the petitioner took over the operation in 1979, at which time the use of the railroad oar ohan€ ea. for. Ulmen explained that the pet .tionpr is buying the p .opertv on art assumption of > Mr. :; 's Contract for Deed (former contract buyer) . It was explained that the operation has changed since 1979 in that now approximately) 10of the users are tenants of the "fox Meadows' complex, and that the petitioner has no relationship with the current owner of the "Fox -Meadows" complex.. Vice 'Chair.,an Stei erwald requested that the present, uses 1 be explained. Pat Uonro, ° petitioner, explained that the Area Advisers Corporator" .4 company which locates housing on a short-term and fort -te i zrt basis for clients. Thi major- ity of the bu. aaness is conducted by telephone.. It was ex- pl.ained that the raoquet ball courts do not receive much uses Most of the players are employees for local large comparties .such as Data Card, Control. Data, Honeywell,` etc., who use t;ie services of Area Advisors. Page 2 9 IS Planning o :mi s.ion Minutes November 10, 1982 Area, Advisor ° porat on ` uses the racquet bald. ,;facilities as d coordinated public relations effort with these compan- x Chairman Steigerwald inquired hog v marry employees work within, the railroatf car. Pat Donne) ly 'xplained that two to threes persons work tears, with more employees located in the field. Vice Chairmaft Steigerwald inquired what the petitioner suggested in place of the proposed conditions 5 rrrf ' e pfltitioner explained t hat tying the current use of the railroad car to the Office complex world ad ver el,y affect ter bv4iness. he explained that her batik would riot provide a moat a for the purchase of the railroad ca with those conditions. Ulri o suggested deleting ondition 1105" 5 acrd 7 and that proposed condition no I protea*ts the city "s iinterests.' tr f. i ner Plofa stated. however, conditions 5 and address a situation and potential probelsm not unlike co mors facilities buildings in apartment complex -es where someone would propose selling the facilities, for an i ode -ndet use omaii,ssioner Plufka stated his coricero is that the recreation facility riot be oriented to general public use, The petitioner stated ' that there are partly two racquet ball courts which do r=ant provide a larqe ;enoogh facility to;; real - i. z a profit` Commissioner Plufka' stated that the current use does not concern him, however, it should not be expand -- d. The petit;on r explained that the counts were currently being used -by persons who are not related to the apartment or of'f'ice complex. arid Attu are not clients or f -ea dvi - ors,. fps. Donnelly explained that: thy- racquet ball courts are attended .by a qualif'i. d employee. Staff ex l linedthat the inwit of the draft Resolution was neat to dictate who could use the favi litres, but to limit thy, scope of the use. It is rcpt appropriate that the xv quet ball facility become a general' commercial recreational use. Staff suggested that. condition no, 5 could be m .di.fi ed with language which would limit the nature of tete use and restrict it from being a general commercial racquet ball club. Mr. 'Ulmen, Attorneyt reminded the Commission of the f narrc- i..ai institution's- concern, Commissiotter Pluifk:a stated that is also the Planning oliimi* ;ion's concern that the limited nato- of the use be a tro _fq d Page Planning Commission fioute Hvvmber 10, 1982, Commissioner tans suggested that condition no. 5 be mend- ed to al low the use of the Facility by quests: of Area Advis- ors., d'si - ors and not opera for generalpublic use. mice Chairman Ste gerwald inquired whdt percentage of tfle ra q...et ball court users are not connected to Area Advisors, as a oustom- er len ? The petitioner estimated that approximately 5 f the racquet ball court users' would not be associated with the company. Commissioner pl ff a suggested the planning tommis6ion review the language in "proposed condition no. 7. Commissioner f lufka stated the Cumo fission must recognize that the current use is not related to the "foxMeadows" complex. Staff sug- gested modified language. Mfr. Ulmea sated that condition no , 7 ,should be deleted as the railroad our is not used as a conference room per the ori lna approval. CommistAoner Wire stated that there should he a continuity - with rit nuity- th the original approval The only :hange to date is the character of the customers of the reer aiion facility and the relationship to the complex ownership. Commissioner Wire noted that the racquet ball courts and railroad ear are the same, and have the same physical relationship to the complex. The peti-tion r stated that the railroad` ear has never been used as a conference room since it has been under her management . Staff°f explained the concern with respect to the z- fling in tfvat ae;neral commercial recreational use would riot be allowed in this Zoning q striet, The off ice use of the roil odd ear is compatible with the zoning For phis property* Commissioner Wire, suggested that the racquet ball facilities not be open to the gianeral public, and that no advertising or igna e be permitted. Mr. `tllmen stated this may cause concern by t° - financial institution. Commissioner luf" a stated suety l.anqu ge should Abe worded so, that the exiating signage could remain. Ex—ensio discussion ensued regar-Ung the mcdifl.batiol{s to condition nos. 7 and 5 to reflect current citcumst4nc,.,s and the reed to maintain continuity with the inter t of th1 oriq- inal approval. Commissioner Pluf'f a. stated -.he ` Commission should develop a clear recommendation for the k*ity Council. Pace '29 Planning olruvi;5s on Mi flutes ovrber 1, 1982 M04:14 by Commissioner Plufka, seconded by Vice Chairman RECOMWNDATION E SteigerwaH to r com end appro-va.l of the Conditional Use P'ermlt tai ndment ror > Patricia Donnelly ftr the a of a ree eatlorr, building and railroad car located ort part. of Lot 21 Block 2, "Fox Meadows, Ist, Addition" subject to the coal tions as stated In the staff report with the following ohange4. Condition No. 5 should read- "The use of the rec eattorr belldincl and racquet ball faOlity sh 11 be ancilla to the use of the railroad car, and limited to the Owners, occupants, and lessees of that railroad car and guests of the same". Condition, No. 7 should read-. Issuance of thir, permit is based on the finding thf.A the proposed use is compactible with the original authorizatioti for the recreational facility armd railroad t'ar; alt hough it is acknowledged, that the present ownership and use of those facilities no longer hav, any proprietary or operational rel at iorrship with the Fox Meadows office complex. MOTION to Amend by Commissioner Wire, seconded by AWNDIIENT Commissioner pauha tod:d a ninth condition to read--. "No advertising signage for the racquet ball use shall be allowed other than that whish is presently ift use's. Vote ort the Amendment, 5 Ayes, MOTION carried. VOTE. ,NDHENT vie err 4he once Ara 14DE . Ayes. MOTION ltE 1 MOTION carried. Vice Chairman Steigerwald introduced the continued hearing and review of the Draft Shorel and Management Regulations as DWT KI-AND set forth in the November 5, 1982 staff report. The quest- MMAGEWHT OVERLAY I ons and concerns from the first hearing were addressed, and DISTRICT HEGULATIONS 1 se,,eral revisions were noted in the staff report. C'ouncxlmember Threinen inquired about the impact of the reg- eg- ulatulationsons and extent of the 5horeland District as :it affects his properties located along Lawridale Lane. Coun'cilrmember Threinen rioted that a number of .land owners have property within the Overlay, Area, however, they have not been person- al ly not i f fed of the proposed regul at ions. He stated he assumed no inventory of those landowners who would be affected has been made.. It was suggested that a survey be conducted to identify the present use of the land, how much of the laird would be - impacted, how many sewer systems are of f cred by the regulations, and the associated improvement case to the citizens. Rage 298 Planning ommission Minute November 1€1 s ' 1982 The City of Maplc Grove ._ involved in the surrey. Howard Hunt t 17205 County Road' 47, stated that he owns two adjacent parcels a 5 acro, and a 2 acre paroei). The acro parcel is totally located within the Shor land Area. Mr. Hunt indicated he had 'reviewed the staff reports and Commission Minutes since the first hearing and he has a better uder:tarclirg of the issue. Mr. Mum stated that hi,s existing- septic sewage works adequately now and has been adequattv for the past nineteen years. Mr. bunt stated that the November 5, 1982 staff re- port more clearly explained the issue. Concern was express- ed I aboutthe proposed I Ordinance language per ,.ni th,. o septics system. compliance+ Mr. Hunt suggested -.hat vihere there are problems, the .land be condemned, the City guarart- tee that public sewer would be extended within the 5 -year timeline- or, a new closed ,septic stst m be installed and paid for by the Department of Natural Resources DNR)' Mr.. Hunt sup (jested that alternate language he inserted 'ed i this area of the proposed regulations,, The marketability of property such as his could be affected without further clarification of the regulations. Commissioner Plu ka confirmed that. fila Hunt agrees that the rgegulations vre needed for new constructionCommissioner Plu ka stated that if an existinq system within the Short- land Area functions adequately, the City should not be con- cerned. Mr. Hunt stated that mitigative measures for such regulations should be i.nclod d in the State legislative language. Vice Chairman Steigerwald recognized Mr. David L ether representative from the Department of Natural Resources, and asked ifsi.milar concerns have been raised in ether oummuna - ties. Mrs Luethe explained that in the '`seven county metro- politan etrepoli:tan area they have not experienced significant problems with septic 'systems as described by Mr. Hunt* It was explained that the City of Maple Grove has enforced a Shor land Managemeat Ordinance since 1973. Mr. Luetht explained that it can be difficult to determine if a stt:.. isf nonconforming. Generally, DNR is not concerned about tiv.- septi.c systems if they are functioning well. If :the system is a pollution problems their it should be corrected. Mr. Luethe confuted that the Stag of Minnesota would not be responsible for paying for corrections to systems which were constructed improperly or which were not, `uf;1 i.oni g correctly. Paged 299 Planoing Commission Minutes November 10, 1982 Luethe stated that a survey'could be 'helpful to identify, the problem areas It was exolained that if Mr. Hunt' year cern relates to a setback ituation cprre ce t ure is not: man- dated by the regulations. The concern is pollution problems whtch should be orrected. The Commission discussed the need to ora-ndu t ,a survey to id retify they nonconforming systems. Sherm Goldberg, Lundgren Brothers Construction Company, oxoressed concern abour. the proposed regulations Vt i nin to the allowed minimum floor elevation. Mr. Goldberg inquiredd i 3 the -.regulatioas were different between walkout residentialal nits and startdard residential units. Secondly, Mr. Goldberg' requested a clar if cation between the flood plai;a overlay requirements of two Bast above the Bigg water~ l ti ation for the 100-year flood., and the. proposed Shoreland Management Regulations as they address the, ordinary high water mark. Staff explained that besides they Shoreland Management Are Regulations, the City currently has ether regulations which may apply. If the pro -rty is neat located within the Flood- plain Area, and i," not withi.n they Shoreland Area, they lowest flour elevation sitall be two feet above the 100-year high water eel. v atioer per they Morro Water Drainage flan. If they property is located within they floodplain Area, the; 100-year high water elevation shall be determined and thea they mini- mum floor elevation shall be two feat above that elevation. The State regulations indicate that if the property is located within both the Shoreland and the Floodplain Areas, tha' Floodplain Area Regulations would apply. But, of the property is located within the; Shoreldnd Area and not within they Floodplain area, the minimum lowest floor elevation shall be 3 feet above the ordinary high water mark as deter- mined by the DNR. The Building Ofricial is the responsible City' staff person to determine where the minimum floor ele- vation le - vation is located and which the most restrictive requirement would apply. i staff explained that requirements for the. minimum floor ele vaiGion apply to the lowest level, regardless ear construction eiesin* Commissioner 'Wire stated that he stall had questions and concerns and suggestedd that the Commission defer action for further -information. Page 300 arti a.nc omsl.ssln . November 10, 1982 commissioner Wire requested a clarification as to whether he -year correction regulation fug" septic systems is rtal problem,; what the Citi.must do to, identify the problem- arid.," what the hooe wner must do to correct the ,oblem Commissioner Magn s in quired when the elaions had to tv adopted. 'Staff explained that under the legislation,, the regulations should be adopted by Novem4er 13,, 1982. It was explained further that 0 4q is aware that the City cannot meet that precise deadline' but is a tiv ly considering tit drat. Commissioner 'Magnus stated` he was concerned teat people that mai be impacted by the regulations may not be aware of ahem. He stated that he felt a moral, obligation that they pity should inform these citizens that they may be impacted ince these people have not been personally noti- fied, Commissioner Magnus stated he could not support the regulations. Staff reg ivwed the proceduce which was followed, ' and which exceeded' therd nance and Statute requirementsSimilar procedure was followed in 1978with the adoption of the floodplain Overlay District. The regulat Konz do not rezone land, but do establish ttan ands for land use in conjunction with other Ordinance standard;i. Vise Chairman teigerw ld summarized the concerns and issues, explaininginin that the City is mandated to adopt an Ordinancex that MR and rstand4 that lir some cases it cannot be deter- mined if the septic systems is functioning properly t, and that efforts should be directed to those areas where the pollut- ing occurs. also, concern has been expressed about fl»ganc- ing corrections. Vice Ch irmah Steiger ral,d indicated that the answers to those questions' would not be found at the Planning Commission level. Commissioner Pauba stateO",'ie dial not sympathize with those people who have septic systems which are polluting. He indicated that allowing them five yews to correct the situation was more than an adequate amount of time. Mr. Hunt, inquired what regulations apply to constr oting additions to existing structures. Dave Lue`the, DNR explained that the setbacks are measured; from the ordinary high water level. if the structure would he located wittii the required setback distance, the land owner could request a variance. Page 301 Planning Commission Wtnutes Novmber . 1982 Councilmember Threinen inquiredif an exi sting systemwhich functions properly would be permitted. Mr. Luethe exp1 dined that there is, no requirremept, to chance in existinq system which is functioning properly. Countilmember Threinen inquired > how the systems are monitored and by whom. Mr Luethe explelned the ranitoring of the s stems would remain with the City.C uncilmemb r Threinen asked if the regula- tionsion could be modified by the City. 'Mr. Luethe stated the City's Ordinance should be in substaatial compliance with the State law,aid [SNR Regulations. ions. Mr. We he explained that DNR , will work with the City meet, the spirit and intent of the legislatioti. oun ilmember Thr ineit inquired if the draft Shoreland Management Map accurately reflects parcels, affected by the proposed regulations? Staff confirmed that the map does accurately refle--t the limits, of the hcr el.and as. defined by- law, law, acrd thus a cross-reference to half -section maps would identify parcel identification numbers. 9r. Hund coofir€ eel that the setbacks to structures and septic systems w uW be measured to the ordinary high eater mark. Ui ss-onr Plufka sated that he concurs with the Vice Chairman; In that the oas ruc nn of new residences should comply with the prcpcst-d regulations, He noted that the l.an ing Commission's o one rn seemed to deal generally with existing septic systems. He also noted that the applicabil- ity pl+ivabil- i of the standards in paragraph 7 to existing systems needs to be clarified*, especially as: to setbacks. Staff explained that the language in par graph 10, item could be changed to refer only to the star dards in paragrap items. a,b.d, and c ', gather t7han sotbac%-sem The provisions for setbacks in paragraph 7 would -)oly apply to new construct len. Staff responded to Commissioner Magnu! ccnc rtis' of Poten- tial casts to homeowners and explained that some communities have used 'Housing Redevelopment ,Autti(r-i y- eti i it i a ice, funds to, assist those persons With limited i# co -me Commis- sioner Plufka stated except In thos Aoases,, repair of failing system should assumed by the landowner a4 normal maintenance casts. Page 302 Platuting, Commission Minute Commissioner Plufka suggested that on page item 10c, the followingloom words be added: "cxce t Section (e) *' and, on page 11 in Section 7 (4)(c) the following words he added: f or systems constructed after adoption of this Ordinance". ce". Vise Cha-irman Steigerwa-10" askedfor a sense of the ion Commissioner Wire suggested thath ublx Hearin be erred for more public riot ice and input., Commissioner luf a stated he flow comfortable with the ; draft and rind, act on - the Ordinance,. mml sio er Padba duiicurred omml s ionx r Mdgnu on urrked with Commissioner, W t re as he felt ` mr e public n t ict, was necessary, y ,Commissioner Magnus suggested that the Commission defer ae t rr to notify all thotic land owners potentially affected by the regulations. Vice Chairmaii Steigerivald, iaquirtd hovi much work s involv- ed ,4 notice all adjoining property darters to an identified oteet.ed lake or stredm, and the first tier of residential land owners? StdJ explained. that that would involve a sub- s*Anxidl effort. Staff e pr tr ssed Wncern that the level of impact would vary for di ff etent ` Land owners, and it would be difficult to project, iihe would be p terrtially "im a ted". Personal nG : ice to, every landowner in the Over-Idy DistrictOver-Id could unnvxs drily ral ze corucerns in that uses of property derveloped; in wifli the regtilat ions, property fully randfa r,.,rr.d by the rdinanl-.e arca undeveloped larld. Notification of owners who might have defect -ire or improper septic systems could he dtxrre I l lu 11 n inventory of all rt -site systems, which the City should undertaIke under existinq lana and regulations. Present Code's requixe correction of such systems oy. Con-onissioner Pauha suggested that the City Council should, address the notification concerns., and determine whether additional notice ,acrd hearings are necessary. Comm ssi otter Wire inquired how. the bodies of water were d*:slified`? Staff explained that the DUR classified the streams, and.- lakes, and the Council approved that 14st year. Page 303 Planning commission Minutes No,,,, ember 10, ' 1982 Vice Chairman 515teigerwald closed the Nhlic Hearlto and asked Councilmember Threinen he Planning Commls'Aon liasf.on `dor his comments. Councilmomber Threinen indicated that the matter of privat*, septic systems has been adequate- ly addr ,&sed, and e-xplaiftcd that, if the City o oile-- mines further notification is reed j the proposed Ordinance could be referredWek to the Planning Commission for further cons d 4 n a ii r*4h Y aF 1. ed 4. + 36j about the u+ske L'*.7' {.d deadline of No emh r 151, 1518 Mr. Luethe- explained that the DNR is not holding the Citi to that date, specifically be4 ause the City is raking effort -i to adopt the regula- tions. fir. Lu the mcommended the p.laiAn nq Commission for, ward the proposed Ordinance and those specific concerns which old h considered in further d t ii 'do, theCity y g+[ Commissioner Pauba stated that it he lied downstrexn of a res,idence which had a polluting septicis systems he would be very concerned that the landowner would have 5 years to correct the, existing system. MOTION b ommissioner Plufkaj seconded by Vice Chairman REMWNDATIOR F tt aigerwald to recommend approval of the proposed Shoreland Management Regulations. ' with the incorporat ion of the changes as noted- in the dis v sioli and in, th,¢ November , 198? Staff Report- ana noting the expressed concerns that affected property uwners be notified., Roll Cal} tel[( Vote. 3 kes. Commissioners Wire and Magnus,, VOTE Ma n The Commission thanked fir. Lueth , Dom,, for attending the, m otinq and xplaininq the State requit m nts, OTHER BUSIWSS Vice Mirman Steigerwald introduced the Commission' $ * e'view COALS9 OBJECTIVES of, the Comprehensive Plan foals, Objectives, and Criteria AND CRITLRIA recognized Counoilmemb r Threinen who explained,that h desired to d re t the Planning Commission's attention to some specific objectives and criteria. He requested that the Commission review the followingng areas . Rage 305 November 10, 195? Commissioner Plufka rcvlev. €f the ora , Objectives avid Criteria in the Economic Vitaliq Svetion. With respect to Objective #11 ho indicated data should be submitted to review- how the present lard allocation per the Land Use Guide Plan compares with other communities. Mso thf, City shouldbe compared with similar communities for the amount of tax exempt land uhich is feasible for, the City to own, With respect to Criteria and 41, he noted the Clay needs defi edt-thods for dep.irtioq from the standards, orM prepare a Itst'of possible effects of change and discuss as, eoof%omit crit aria It was suggested that the; City r ,.cw the balance of residential, c mmor ial, and indu tri l propprty periedi- omr issioner plu ka stated that the City should strive to provide d diN rsif ied business base and prepare an inventory f emplvyment to assist in the implementation of Objective la order o det. rf In If the t services are adequate, the City should conduct a survey foi Objective For - Objectivelie #4 the City: should review the setbacks,, intensity of developmerit, etc Additional items o b c=r der d (ire pollution control providing sufficient retail space for existing population, energy conservation., and set forth specitic.. standards for cumpat ibility tbufder -1 f„rrp. Commissioner Wise added, that with respect to 01*; ectiv #3, the Cita should determine if it is desirable to have , an adequate tax 5ase or a competitive to base. Staffs re "tew d correspo' ad°* nce delivered from Commissioner tul.ber . in regard to the Section on Security. Vice Chair- man Steigerwald added that , adequate lighting at, intersec- tions should be considered, as well as reference to sanitary lard ` fills. Commissioner Mag:pus noted the review work which is currently being conducted by the Parks and Recreation Advisor Ccmmi4 sion t was requested that a copy of the Coals as revised by BRAC be forwarded to, the Planning Commission. fie addres- sed Objective 0, Criteria on pack 15, and inquired i this larlquage addressed hazardous waste Page 306 Planning commission Minutes No,v tuber 10, 19 ' Commissioner 'dire submitted hireview comments with respect to the sectior dealing with Access. It wa-,, suggested that the Transportation Plan be reviewed to insure that it is current. Acco rod t i ons for different types of highway move - merit should be provided as part of that system., With respect to Object-Vve flj, Commissioner*Wire ; suggested that measuressures be provided to minimize the "noise oll tion" from arterial roadways to adjacent land uses, and methods, be investigated to deal with road chemicals and'their impact on ponds, etc. He suggested adding a criteria, on which, would call for the initiation of action to provide safety, controls where needed(i.e., stop lights, stop iqn!:1 etc.). With respect to the section dealing with Air, Commissioner Wire stated the City should coordinate. this with 'ether agencies. Specifically, dealing with Cb, eeti e #Z, Criteria 5,, it appears contrary to require storm sewer within parkitc. `,)t area's, and at the same time have a criteria call .ng for the usage of natural drainageways,, Commissioner Magnmi submitted his r,comment pertaining to Human Development. It was suggested that the, Criteria for locating branch libraries (Objective fl, C=riteria 9) be re-evaluated. He rioted that PRAC has recommended charge to ecti. #2, Critleria 4. Objective #3 should be expanded to address the Adult Correctionseilitypprograms, rehah- ilitation centers:$ health programs grid h ital drug abuse centers, and teen centers, involving Homeowner Associations in the maintenance of green/open space with tax deferrals as art incentive should be considered as well as waste abate merit programs, t;1 conservation, measures' in general. Commissioner Pluf a suggested that the Planning Commission focus on one topic per meeting. The Commission agreed'. Vice Chairmal) Steigerwald indicated that the Commission would co mep,; their more detailed review with the Suitable Housing Section. The Commission members submitted their written oomments, tocommentstafftoincorporatethemintoabinder to be utilized during this study project. Staff suggested that the binder be maintained with all. reports, Minutes, and working drafts during the course or this study ADJOURNMENT The meeting adjourned at 11-40, P.M. PLANNING COMMON fkCOM*HDATION NOVEMBLR 10, 1982 WCOMNOATION PLANKING COWISSIO14 W.COMW,".NDATIOM NOVEMBUI 101t 19$2 RECOMMMATION LANNIM COMMISSIOA WCOMWNDATION MVEMM-R 10,0 1982 WROVI RM)NCLPT €x M FOR LAURENT DMLOP14LUT FOR PROPOTY L C f rt H F 47TH A rLNUL', NORTH ATID VICKSBURG LAAML (57052 WHERLA , Laurfnt Ovvelopmerit hds rvq°.tested appy dv al of art t PUP Bance -')t Phar, ort 4ppr xi 1at ly 103 acres, northeast of 47ttt t\,eriuv North and Vieksburq Lane; arse-, WHLRLA , The l artrti nq Conimission tray re v i w -d the taropusal at a duly called Pu lic Inn rmat iortal Heart ag turd fraure eorttmended approval-. MIUM1, tAi, hjt it should and hereby ,does aopruvE the RPU Concept Platt for t..a=are°rtt eel tat ertt;' for property located norttte.T t of 4th N vn v f4urth grid V icksbum Lativlf subject to the toll wisiet conn . i ria: I ` t rl tance with the Cray .rieltrte r' die#ttttarartdt~m. Z. The jrttormatatart for att Lo,.ironmental rk;heet l.A l hall be comit teed a:i pant of the. PUD rel imiftor I an/PJ at ,)pl at iort # t Ite EnN it tt to ntal Quality Bard ,A 4 r°ocvdur t, trill be ittitiatc it tirt pity Couricil atapro,,al of trier° Preliminary lat/Platt. 1,1ginq of they developmetit sltai1 btt,itt' ac(:ordartc ittt util-ty availability a approved by the City arlgi "` 4, r . 4. intA densi,ty shall be 2.5 unityper acre for thi, land at or above the t=: tab1 i te d' ttagtt water vl. Nat fort pey the, adopted- City ;Stoat Water Drairt ge.- T-Xan c€ # a a _' zi it tit: x tiiipoints car a. four poi nits based cart they size of they project: ct ti. One , oiat based o,, tire:' tat°opo al providing a variety of t ousinq The land located north of future Hamel Road/Metropolitan Urbaff Art,d A) t.tottrtdary in the Rural Sentc Area shal 1 not deeel p ', ,, F. ttt1)an eery i eta are a, ai l a l e t wid, shall be to l at t Vd a att OUt l tat. 6. ht Pr(J it i fiary PlatiPldit appl react i on shall . address thZa anticipated use of they o)rrmott drea for 'the teab°rnhot,tt)e . Ttrt- petitioner shall' submit tvrt.tteri arts graphic ver°it that the ad ac rit rtApthuretlilt' developers/owners , are n atat rt t f and it Jointly submittit rte s!-wy a pl. i at ion to ae It i erve ` the required t di f l,at ieatis to th appr (Wt d Amhurst RPUD" plait/plat.. f The Preliminary Plat` /Plat shall demonstrate i,rt detail that frau proposed f l arid!wmite arta f-,rmi ng comply with thv transition requirements,, r dtikZA RECONDAT 1 lot .NNING COMISSION RECOMMODATION fOR t4,OVLMBLR 10, 1982 RECO PLANKINC COM14ISSION FUNWHDATIM FOR NOVLMK,.R 10, 198? APPROVING CONDITIONAL USS: PLRM 1 T AMMMENT FOR PATRICIA DONNf,L*tY FOR USES Of R CR T ION BUILDING 41D R IROAD CAR LOC 'i 1.0 ON PART OF LOT 2, 13LOCK 1' FOX lEr DOWS FIRST ADH TION 441) WHt".REAS, a. pr-t.i.tion has been submittc.(f on behalf of Patricia ortnell, ditt/a Area d,v l orzi, l,'icr ,)r orated,eq e st ing a Conditional U'st,erm mendmurpt rvQarding file U (-. of the railroadrear for office purposes acid the use of the recreation bu2ldii t in tfrt-- 1 x ttcadowsOfl iv.v Complex at ' 3020 Harbor E ane.- WHER S, thy, tfitrrt Village Courrt-.it approved a 'Cottdi:tion l tlsty Rei;reit and -1!r Rt;.501ut iota No, 71-63 fin : t br§uary 22., 1971 for a recreational f<tcility and restored rail,, ad car for a cont'(-rencv room: aria, RI RLAS, C t Council u *i t. i. l l y on idr: rvd acid do f'r rred action crrr aria requeut oil arrtrar, 1978 arid, WHURLAS, the City Cuur oii has al wf considered this matter in conjunction with request to dry)Ldv the propert, most rectr : w I y on October L, 19.50-t- acrd, lel, R S, t ht C a N C urre. t fa 4 rc ate i! that staff acrd Rlarrrr rsq f cammi icrra rt vi t w the Prvtivi t. u.5v oft e r i lro. , cur r v at aye to -tile or goal conditiortal use permit arid to determineine Mack proper u status HOW, T LRLFORL, BL IT HERLM, ,TE;S LVED BA l`HL CITY COUNCIL (f THL MY Of Rirti MOOT , MINNLS TA, ( :fiat it should $ rll ¢ery Ges, .aopr/ ggove tiav- rtec ue!ig for trieid onti-=1T.}.{-for 1*3- %':f •#Ci w++ ik' e to 'vile £3 rs- $ &v*:#,i ¢U_ -e -I rmit' for L t. 3. i..1r Xeii 3.{'4L.SZ & GdC. L I. i i F .And L vsto-.ir ved, railroad car .ri the Fox Wadows, Office Com lt•x to allow`arr office use in thcr railroad car in con j un t i o°r with operation of the reerva a.onal facility subject to the fo l l owi nq Condit iolts: 1, The permit is i ued to the petitioner as operator arid owner and is, riot r cinsfer b le without' review and approgal by tfrr* C its Cosine i l . 2. There st al.l be a maximum of three mploy" Vie -re shall be no commercial sale of food or b v raq s, in arty railroad car. 4 I'he owner small s aintairx' the, railroad car in a sound and iafe t.°a ndlit:i,ont if` the Buildinglding Offinial finds that the car is unsafe or isr, : being proote rl. Maintained, appropriate steps ;,Jiaa l be snit i atc>d as proN ide(; agar ;by City C dt, to order necessary corrective action which, if not taken shillrfa r.rlt irc the matter be.ing referred to the City Council fortomDi: =.,r°at:iurr of rix oeat iurt of the permit and removal of the tailrtrad car rum the vh ml (45. 5. The use of tile redreat kart bui ldinq and rac. luet ball fa i l ;i t final l be ancillary to the use of tbr, railroad tax° arid limiteded to the crwner,%cc.°updt , and lasses tif that rdi road, car and guests of the samc.' .