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