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.' .