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HomeMy WebLinkAboutPlanning Commission Minutes 01-25-1984THE CITY OF PLYMOI)TH PLANNINC COWISSIONMINUTES 3AX Z51 1984 The requlirm; nof the nn 1. nq Commission was aalledo 04 -der t' 7-t 104.' M. NFEMBERS PRESENTI ChdirlYGManasi ,1nu, n nmls toners aub , Plufk , Magnus, 8tu berg, and Steigerwald. NEWERS ABSENT. Commissioner ',Lre STAFF PRESENT tummm nity Development 'Coordinator Sara 4oConn Director o Planning ..nd Community Development 41r Tram r Assistant Engineer aahn Sweeney MI NUTES, The Planningng ommiss on reviewed the staff m m randuia from Go m"nity Development Coordinator Mc one dated 3,dnuary 25, 1984 which summarized concerns submitted by Mr.. Robert evey, regarding the January :'11, 1984 : Minutes. Chalrwoman Vasillaq,recognized qtr. Seveyi, It was the coy`.; _nsus of the Planning Commission that tae Minutes as submitted reflected the discuss on at themeeting- MOTION by Commissioner Pau a, seconded y Commissioner, P, a %a to approveve the 3anuary 11, 1984 Minutes as submitted. klot' 4 Ay s. Stulbeem and St igerwald abstained. Commissioner Wire absent,. Chairwoman Vasaliou informed the Commission that Commissioner Magnus and Stulberq have beer reappointed to serve 3 year terms., Commissioner 8teig rwald was reappointed as Vice Chair, and she has been reappointed as Chairwoman PUBLIC HEARINGS Chairwoman Vasil lou introduced a request submitted by ENS PRISE ' PROPERTIES Enterprise Properties for an RPUD Preliminary P anaP at, R PRELIMINARY PLAN Rezonin'g', and Conditional Use Permit for ,property located PLATt REZONING, AND southeast of 48th Avenge north and aehary lane. She CONDITIONALL MSE requested a review of ther 3anu,ary 19, 1984 .staff report* PERM11 (83059) Dlreo0r Tremere summarized the request noting thaw a total o Beres land ice' pr-)posedtobe deeded to the City dor puhiile pare purposes ,iso, he stated the Commission should develop direction for the petitioner regarding construction ccessThe requested building setback dimensionsve,hyicle access. w I Page 10 1 pLennirlq Commission l inasOs 194 Chairwoman * asili€au .*ecognized Mr. Saul Segal, Enterprise rn ert'les and Mr. Greg Frank, .,Cb - nats -t As %dei a tes, Mr. Frank reviewed the load to be c, for pirblie park cxrtw,,,o5. He, stated that the petltlaner, requests that all. trod, vehicles involved in the development of the r1ift„ b: able to utilize 48th `'Avenue North The heavy eqtApt4,1it soar as, graders would use a temporary access from Zachary Lane. tir. Frank stated a meeting was held with the Alghbnrs of Skyline Hills and Nathan Trails to review the proposed plan. Mr. Prank offered omments rega di.nq `fro s- ed Condition No. 3 r.,,gcr,,!sti.n a clarification of the r e- qui.remen- = as It relates to the extension of sanitary sewer. The petitioner desires to proceed avl th devel,,ipment ;k noting that sanitary leaver mai not be available until Auqust, 1984. He, inquired if ho . cof.,%tructllon could commence con- ourrently with Sanitary iewer extension Improvements* Mr. Segal stated he was available to answer questions.. Commissioner Pauba stated he felt it would be more a ro ri - r rte for Mr. Frank to discuss the timing of sanitary sever extension with thu City Council. Melvin U. Petersen, owner of Lots 4, and 41, Skyline ti -ills, stated he was att ndi.ng the 'routing for into. attonal purposes and would like a review of the traffic ,Irculatlon for the area, and sever and grater eaten .011$+ Director Tremere reviewed an overheadahc ofan ares pan showing the Planned ' futur 1 road locations. He noted that the construction of - future roads ,would be dependent upon eoono ti; s and the timlii; of area: development, Assistant Engineer Sweeney st. `;ed that the pub"Llo hearing Por thf, sealcary sever public improvement Is scheduled for tie second Council meeting in March, notii q that a rum a'n'tar ",-wer line avow d be extended to and through he Rolling f011s Park deveiopiient. Mr. Sweeney noted the south and els, rly d air aco from the Skyline Hills ars mato the northwest Interceptor. Director Tro ere .stated that the City Ordinances ''require thzt once sewer 'is .availdbl for homes they must coqnect withinn t o ears 011ie Pcterson,. owner of ants , , and. Skyline Mils, Inquired when the street connection to Skyline 41111s from the east would occur. Assistant Engineer Sweeney stated that datri.nq the process of extending sever, the right-of-way would be obtained and the :street would be constructed. Ms. Peterson stated concern that the eonne lon to Skyline HIV- for iVforac-essa' and circulation is crl,,Zcal. ,staff concurred with Ms. Peterson alhout the meed for th road ,and sever extension. Manning Commission, inut s anuary 25, 1984' Saul Segall 17915 Comstock Road, stated that at the neighborhood meeting be proposed that the qr ddrs use the temporary access from Zachary Lane, and other e ulpment for street and utility improvements would access to the site via 4115th Avenue North. Pe, reviewed the proposed turn around area on the site, and stated that he would not commence ho s(- construction until file t greets have been surfaced. He stated that the nel hbcrncud residents were satisfied with thus :c:mcrti.s. CommiLssioner Pljfka inquir d what type of surface would be provided for t4e temporary par nq area, and noted his concern that if the area Is not sur ac d, problems could be encountered witd mud tracking. e also Inquired what restoration would be provided to this area as It Is desifinated for public park. Nr. Segal stated that a qra el surface could be, installed *In the temporary pari>lnct arca, and that the future park plans .identify this to be a parkinq lot. Ch .lrivcman Vasiliou thanked Mr. Seoal for ccnducta nq the neighborhood meetEnrij, ape referred " to. the Ordinance re uir ment: for a dust tree surface for temporary parkin lots. C'h sir o an Vasillou clot -d the Public Hearing, MOTIOU by Commissioner Plufka,, seconded 'by Commissioner Stulberg to take action on the petition. 'este 6 Ayes.. MOTION carried. omoilssloner Pauba inquired If recommended Condition No. 1 ddequ4tely addresses the.-irculatian needs for temporary in ressjegre4:. lxkccVr Tremere stated this cohd.tt :oft could be clarified ')y lv`ser in reference, fi 4 temporary ta,gre.s f qr ss route "to Zachary Lane". he Pldoning Commission concurred. A.: rector Tr,mere l.ntcrmcd the Commission that Condition No. 14 was based upon the City Councll. Oincept Plan approval, Cornt ills oncr Stdibe q r cal.led the previous discussionon regard ng rubber' tire. vehicles utilizing, 48th =avenue North. ctur r ti.erc stated that), regarding proposed Condition No. , the nie is Is to not have homes constructed without muntol al services. Buildivo ` Pergits should not be Issued at least until the awarding of construction contracts Engineer Sweeney stated that concern was expressed regarding sight distances because of sow stooge and the bei qht of the sign. egardin,* point No. 2 In the ng,a n,er's Memoran- dum, the concern .hat when the roads e slippery,; a driver could lose vntrol, ` and collide with ware sign Piann n Comms t-slon Minutes anuary a5t 114 Com missi ner Plufwka oonfi.r ed the ti Ina of the construction of Wellington Lane and extension of public road and sanitary sewer to the Syme Hills area, it was determined brat the proposed phasing was appropriate because of the coordination between the two projects. MOTION by Commissioner Raub * seconded by Commissioner RECOMMENDATION 1 itignus to re,om end approval, of the RPUD Preliminary 'Ilan/ Piet, Conditonal Use Permit and Rezoning, subject to the conditions as stated In the draft Resolution. Mr. Peters,,a requested urth " In format on on the: s t;,rm water drainage prow sl.ons* Assistant Engineer Sweeney Identified the two pending areas on this s l`eg. notinq that only .iacre of the two areas are needed for ponding re- quirements. for the stoat water drainage system. He plain - ed that the two internal ponds retain the r'titer prior to Its draining to the large pond ad ac nt to tete southeast which Is part of the adopted Storm eater Drainage Plan. Mr, Peterson stated his acceptance. MOTION by Commissioner 8tulberp, seconded by Chairwomanan MOTION TO A. Vdslllou to amend ton ition No. 14 to clarify that all heavy grading vehicles should utiilze an access from. Zachary, Lane, And that Condition No. 15 olarify that the temporary Ingres egress route shall be to Zachary Lane. dote. 6 Ayes. NOTION carried. VOTE - MOTION CARRIED Vote on the blain Motion as once %ended, Ayes. MOTION VOTE MAIM MOTION carried. MOTION CARRIED Chairwoman Vasillou introduced Mr. Dale kennedy, arl$()q CARLSOR PROPERTIES, Properties,. .Inc* and requested a -review o t'e unary 11t INC„ - CnNDITIOWL 9$% staff report. USE PERMIT ANIS VARIANCE (84002), Director Tremere summarizeded the request notincI that the existing structure located on Lot: 3, Block 1, Minneapolis Industrial Park Mrd Addition, Is not owned by the petition- er,* However, the other ,buildings and property > located In this immediate area are ander the ownership of this petitioner. He reviewed the Ordinan-ce provisions and re- e- questedqtsten variance $ notrr g that the proposed 84 sq* ft. sign, Is within the grdinanoe size requirements. Chairwomdn Vasillox requested an explanation reaardinc.1 the sic items cited In the nglneer,s Memorandum. Assistant Engineer Sweeney stated that concern was expressed regarding sight distances because of sow stooge and the bei qht of the sign. egardin,* point No. 2 In the ng,a n,er's Memoran- dum, the concern .hat when the roads e slippery,; a driver could lose vntrol, ` and collide with ware sign page 131 Flidna nq Commission minutes 4nu lr"y h r ai 3 ient`'d that this you he truce FT' trees In boulevards also* Shi stated that no comment was needed on item no. 3 of the ng1neer's Nem andum.. Sh. commented that the proposed sign would not provide anymore di tri tlonfor passing motorists than any other slgn«. She requested st4f 's response in ld ntlf nq ,.' locations For the project l q * Director Tremere reviewed the l.o ation ot' the petitioner's, sites which' they ; own and Which are visible frorn ll ghway 55. h ire€ man klas l.lou inquired it any of the Enqinee0s commentsents could be eliminated through efforts. Assistant Engineer weeny stated t°IAt If :h, i lances are deemed appropriate and a proveal staff' could With the petitioner to try and the vin erns. Director Tremere stated that the basin + one r=i was locat$lna a private neve'i ment' 0qn in a public median. Ca ml.sslooer Stglgerwal.d inquired of the p t.itione- why the sign was needed at this lwatioa. Mr.} Kentied ; stated that the sign was, needed to better identify this development area, as It is isolated from the rest of the llnneap lis Industrial Park. Commissioner S elge ivald referred to the etlttone,,,'s. co °res onde ice submitted with the P ll aticn mater 1 els noting the comuent that the sign was to abetter identify" the area. Mr. Kennedy stated there were problems with delivery, firms and others Identifyinq the buildings by street address only. CcMMl.ss10ner St lgerWald inquired if any of the businesses utilize "Plymouth Oats Parke In their iddress? Mr'., Kennedy stated he was not sure. Mr. Kennedy, stated the sign was designed to lessee: the obstruction' to sight lanes, and was located to allow for adequate visibility. He stated that if in the future the median is to, be utilized for utility looatSons they would have to address ;the problem at that time.. However, they did take into account the locating of an existing manhole. He stated had not contacted the City Manager r gdrdI'nq leasing the property, as he thou jht he would wa :t until after the Planning Commission oon 1. eri.tlnn Pace 14 Planning Commission Minutes 3anuary 25, 1984' Chirw anasillott c ened the; PIle €1 arin. Sa le Cohen,, 5,740Green Circe Drive, Lincoln ' Properties, seated they own Lot 31 Block Minneapolis Industrial Park 3rd Addition which is surrounded by property ovreed b Carlson Properties.. Inc. He stated there were objections` o two Items* Firsts the size of the siqn would al:tor the sight lines to his bu ldind and thus, impede leasim efforts- seoorid the sign, introduces visitors to 'z mud h Oaks Park" at Industrial' Boulevard, while this entrance I also the access point to his building which Is „ot part of the "Plymoutll Oaks Parka development. Iaddstvial Bou' evard is`a public street and not a private entrance to the Carlson Property* Director Trcmere confirmed that "Ptymouth Oaks Park” is a marketing name, and is not the name of tie l; lat. Nell Boderman, 1107 Welcome Ave., stated he is the managing partner of Lincoln Properties which owe the Plymouth r ekv,iew Office Building, and need that they have always had problems In identlfy! K- their bull(Unc He thoLi ht the proposed siqnage wo,l,d increase these proisms o, He also o stated that if the proposed sign were permitted, they would consider submitting a simillar request Chairwoman VasiIlou closed the Publio Hearin . MOTION by Commissioner 5teigervald seconded` by Coln nissioner Padba to take action on this petition, Vote. 6 Ayes.. MOTION carried. Commissioner Steigerwald" requested that .staff identify potential alternate loca' ions for s.l nage. Director Trem re summarized that sign for each, site is allowable by the Ordinance. Th-! petitioner proposed no free standing signage with the Individuals site plans. Area Identifikation could be provided by one or more signs on the private propettleso Commissioner P.lufka confirmed that the plat nave is MINNEAPOLIS INDUSTRIAL PARK 3RD ADDITION., Chairwoman Vasillou stated she would prefar to ` see 'a more positive approach In the staff reports, rather than a recommendation for denial. Mr. Kennedy stated that other locations were not as desirable to achieve the identification ,kesired. page 15, Pi ening Commission t mutes anuary 25, 198 MOTION by Commissioner St lMerwald, seconded by Commissioner MOTIO14 pauba to recommend denim:' on the basis that there are ether reasonable privately owned looations for the identification sin there is an adjacent Wad use not associated with the Plymouthh Oaks Parke and the s gn couldcause confusion the petitioner has not demonstrated compliance with Ordinance variance criteria for uniqueness arA hardship- and, there are potential: safety and public liability problems. Commissioner Pauba stated also that the sign would peso an Infringement on the adjacent property ovine+,* Commissioner Stulberg inquired If the petitioner' would consider a dual sign Ids.Inti.f inch bath of the developments. Mr. Kennedy stated tie had not considered such a proposal. Commissioner Pduba stated a doral sign would not change his position regarding the location. Commissioner Stel erwal.d stated teat eves a 4 -ft., high sloe would cause sight line problems. Commissloier Magnus expressed concern about establishing a precedent for other locations in the City. Director Tremere indicated that staff could work with the pe i t -loner In order to identify an alternate location for gi ns. The petitioner may choose o proceed directly to the City Council Ckairwoman ilasiiiou noted that the PlymoWrh Development ncil would be cons,l,deri.ng. ;the sign ordinance provisions at, their Febr;iary. 1 1984 meeting. She agreed with the other Commissioners that there are alternate locations. Mr. Kennedy, informed the Commission that there are restrictive covenants on the; property regarding signage. Howeverf it was unknown whether the covenants speol fically prohibit freestanding signs. This can he checked. Commissioner P.l.ufka expressed concern about the potential effect °rpon, the: rights of the other 'property ownerst and suggested that the petitionc,r and Commission consider' a sign program: fo: the entire area, lacl,udinq the either property vote. 5 k es. Commissioner Stulberq flay. NOTION carri.e ,. V0tE - MOTION CARRIED Commissioner Plufka reiterated h1a cone ern that he felt an area signage Pro ceim 'should be addressed. Page 16 AWL P,lann,'nap Commission inutes anua 19154 NOTION' P RE", U IVCR MOTION by Comisslcner Plufkat seconded by Chalrwcman vasillcu to reconsider the Malin Noti.Qn. Vote. 4 Ayes.., Commissioner $-Itetgerwdid and Stu ber j qday. MOTION carried. VOTE Director Tremere expressed ,concern that the City 's not ,In a anotherr rop;rtowner to become In-< legal position to force nrIn- volved iw,.... volved - an area sign program onbehai o another owner* and .;.k ew. ,,t, cannot require a proponent to Include another owner in asign program. Cmmilssioner Stulberg concurred. Commissioner Magnus suggested the Comm.. sslon could defer for r)ed cyp .[y :ray, afford tt,he opportunity..for t -Ne third' party to- ja yndp. amie Coheit Lincoln Properties, stated that they vivuld be willing to d? souss with the petitioner the posstbil ty <c being Involved In An area I dentification sig,program. MOTION by Ccionisstoner .lar :g seconded by CommissionerRECOMMENDATION TO Magnus to defer act?oo on the petition, pending City staff, DEFER Carlson P opertles., Inc.,, and Linooln Properties reviewtog alternate s1*1-.;; locations and an overall area identifittiatlon sign PA 0gram. Commissioner Stulberg ver!fled that the Intent Is to con- seder a si n with bath. property owners, involved. 6 CITE. 5 Ayes, Commissioner S elgerwald qday. OT1CU VT)i - NGTION CARRIED carried. NEW BUSINESS Chairwoman Vasil. ou introduced the request submitted by Cir. NR AND RS. OHN and Mrs. John Fullmer and the Trammell Crow Company for a FULLMER AND TRAMMUL Lot I Division and Variances, for property located at the CROW COMPANY - LOT sootizeast amd south ost cornera of 1-49!t and County Road 9. DIVISION AND VARIANCE She recognized the representative of Trammell Crow Company. 3 Staff reviewed the 3anu ry 16, 1984 staff report sttmm&rIzInq' the request, and noting that if 1n the future Parcel, C is to be Incorporated with. the Plymouti Business :enterdevelop- ment, Parcel, C` should hien he consol dated with the Trammell Crow property. Director Tremere th nked the Trammell 'Crow Company for heir cooperation in resolvltiq this, hoose eepinq matter with the City. NOTION by Commissioner Pl. fka, seconded by Commissioner RECOWTHDATION B Stul.berg to recommend approval of the petition subject to he conditions as stated in the draft k s luti(;,i. Vote. 6 Ayes.'- MOTION carried. VOTE- - MOTION CARRIED b Page Planning Commis -'on Minutes January 25, 1954 Ch lrwomatt Vasillota Introduced the reuseuibmitt y Mr. MROLD HYMNAND H rold , ytjan and Mr. Robert Sevey for a Lot Division, Con- ROBERT, S VEY LOT solidation and Variances for property ;located east of Fern- DIVISION CONSOLT x)r ol- Lt4ne, approximately one—halt` male north of County Road ON AND VAS 5. She recognized Mr. Robert Sevey who tndlcated he would 63065) discuss the proposal NvItA4 the Commission. Mr. Sevey summarized ory of his private agreements between Magner Spray Tech and qtr. Hyt an entered Into durla the process of acquirinet the subject property. He explained that Parcel B offers aoct to Parcel C and that he has no plans t,,) develop the property.. Urban ,ltllilt es are not available at this lm,:-) and o property is quided LA -3. He ct}mmen -fi{ t 'd that he d 4 foresee ; thislaiid Ievee.l opin aa residential land use even though It is so gulded. He des- cribed the difficulty in accessing the 10 acre parcel in order to have sal borings taken, which he felt established the reason for creating Parcel 8, so that Parcel C will not be landlocked. Chairwoman Vasilleu Inquired why a private easement would not hi: acceptable to Nr,. S vey. w qtr. S: vey stated he did not a: what difference an easement would be to the City,,, and tie ,luestioned taxx*s and, necessary agreements for easements. He summarized his agreement with Wagner Spray Tech for a 10 acre parcel Mus an additional one acre parcel, : rather than a 10 ec_reparcel; private easements he (erred to previous discussions with the City staff re- gatng potentx l development of his business on the prop- erty at which time he was Informed that his industrial busl- ess was not appropriate for this residentially guided property. He stated he purchase4 the _property as a future investment . Jerry Lee Fischer, 46310, ernbrook Lane North, stated his concerti was the future development of parcel C. Director Tremere explained that the property is guided for residen- tial development. Ray Schlosser, 4150 Fernbrook Lane, 'inquired what the new building was on the Kitt esohproperty, which is located to the north It wasxplalned that the building was an accr-s- si y agricultural structure utilized as a greenhouse.: Commissioner Stelgerwald cited a lot which was ` approved ` In the southwest portion of the City with a 20 ft. wideac- cess. Director Tremere explaiztod that the area Was serviced with sanitary sewer and water which Is not avatlable for the subjects property. It was further explained that all of Mr. Sevey's property, and a portion of Mr. Hyt n's property is located within the Fast -1990 Staged Growth Area. C Page 18 P.ianlling. Commission Minutes anuary Z5, l Director Tremere discussed that the subject p==:iperty has been used. In an agricultural land use to late. Normally, such property owners obtain private easements for access ` to their site. Staff r:commenft that the 'petitioner pu, sr+e the use sof a private easement In this situation, rather than the proposed Lot Div kion onsolidatlon and Variances. He com- mented that It appeared the a pll atlon was the result of a pre -commitment by private parties, atki that the use of Par- cel C has not been -.restricted to date without the 40-fto wide access. He expressed concern that If' the application were approved, and acknowledged by the City, it would lead to premature development. e also noted that there are other similar pareels In the Pura. Area of the City which utilize private easements. Commissloner, Plufka inquired if a single family= dwelling could be constructed; on Parcel C as it exists today. Direc- tor Trcmere explained that a Building Permit could not he Issued because the parcel does not have access to, or front- age upon a ;public roadway. A variance would be required to the 300, ft. frontage requirement if the proposed Division/ onsolIdatl ll is approved* He explained a previous applica- tion for a variance to Issue a 8ullding Permit for property which did not have frontage onto a public roadway whish was denied. Serey recounted' hs` negotiations with Mr. HyLan and Wagner Spray Tech, noting his, .intent to acquire a total of 11 acres, so Wagner Spray Tech could acquire 1 ' acre of his property located near Cotinty Road 6 and 1-494.1 He stated he has purchased a piece of _ property ; in the City of Minnetonka for relocating his business and that he do,;s not have any intent to de.iel op this property. Chairwomat, Vasill,ou recognized Mr. Ridge Rocher of Wagner Spray Teel, who stated the resolution of this request should be separaite from the two applications pre lousy consI dered by the `onmiss-7 Yn for 1 agrier and Mr., Se ey. Commissioner Stul.berg Inquired if the pity could legally constrain tht,, proper from developing. He expressed carr cern about the premature development, and suggested that a legal constraint suc t as a covenant he placed on the prop - to keep it in its current status, lie this would solve r# Seuey's request, d the City's concern about premature development. The Commission discussed with Mr. Sevey the propiesed parcel dimensions with respect to ,road frontade. Mr. Set y inquir- ec if Parcel A would ne viewed as a pt telntial future road. locatiun mutts, :they will be scheduled for Wednesday venings