Loading...
HomeMy WebLinkAboutPlanning Commission Minutes 12-12-1984C"I"ry or PLYMMTH PLANNING C"IISION hIMTES DECMEBER 1t 198 The regular meeting of the Plyro nth Planning C mmissaon wwas called to 4,rder at 70-30 -M. cam Chairwoman Vas %lou, Commissioners Wlre, Stul.berg, Stel.gerwal.d, and Pl,:ufka Commissioner Magnus arrived A 2 P.M. RS ABSENTZABSENTCommissioner Pauba STAFF RESEWCommunity Development Coordinator Sara Imcconn As5li Stant City Engineer Sohn Sweeney Community Development Director Blair Tremere Community Development Secretary Grace Wineman i iMIS WTION by Commissioner Wire,, seconded by Commissioner Wl.berg to approve the Minutes of November 23, 19$4, hath orrection to page Z53, Motion to recomunend denial for the Residential. Planned Unit Development Amendment for Harrison Hi.l:l.s;,, the seconder was recorded Incorrectly as made by Cotta- M ssioner 5tul.berg. should read, Commissioner Pauba. dote a Ayes v*1lfl'14, carried. PCOJ t GS Chal.rwoman ilaslllou introduced the request by DeKoco Company WXOCO C W for Revised Preliminary. Plat and Variance, Reading of the REVISM PfO KNARY December 3, 1954 staff report was waived.` VAIIIANMAim 81045) Chairwoman Vasiliou introduced Mark Gronberg, repre enting the petitioner. Chairwoman Vas .l .ou asked for comments and questions. Where were none offered-. Chairwoman Vasi i.ou opened the Public Hearing. As ther.a was no one present to speak on this item., Chair- woman Vas liou closed the Publ.ie Hearing. , MOTION by Commissioner Stul,berg(, seconded by Commissioner RECOHWHOATION A stei,ge,rwa .d torecommend approval of the Revised Preliminary Plat and" Variance for De oco Company, subject to the con. di,tions as stated in the staff report. Commissioner Wire stated that the property is guided C neighborhood shopping center),- and its use as described, noes not appear to meet the Variance and Conditional Use Permit oriteria- that the ordinance states the intended use would be for mi .r auto repair and service; and, this propo- sal appears to be major auto repair and service. v_ Vete. 4 .Ares. ones. y MOTION carried. $ - MOTIOH COXES m Page R Planning Commission Minutes December 12, 1954 Chairwoman. ' asillou introduced the application by Dale VALE BEWRIAUME Berthiaume*,' Readnci of the december *, 1954 Staff ' Report q 1 , 1. was waived. Chairwoman asiliou introduced Mr. Dale Berth- O' C IT1 U.S lame, who introduced Mr. Russ Rosa, patoh, Erickson Madson, PERMIT, SITE PLAN fatten Architects. AND VARIA(W23) Mr. Rosa expo alis d the proposal for a convonjdno4 stare and gas pump islands. He discussed the stacking and parking re- quirements, and offered that; the proposal is similar and typical of ether convenience stares in tho area. He noted that he had viewed facilities with less than six stacking spaces for Oas pump islands. He commented on the facilities at Highway $5, County Road 18 and 101 that all exit and enter onto a secondary or higher classification of roadway. He explained the constraints of ex*ting and entering the site,, T aka*ng only 5 sty,,gkIng spaces possible, Re addressed the need for 51 parkinq spaces for the size of the facili- ty. He stated that other convenience stores have 15 to 20 vehicles per day during peak perxods and that they are pro- viding 36 parking stalls which is f.asible and reasonable. He asked the Commission to consider the other facilities and note the similarities. Commissioner Rlufka Inquired how many stores were being com- pared t and the: location. Mr. Rosa stated he had viewed locations, 5 of which would not meet the City's stackrg re- quirements. One Is the Standard service station on Xeni.+m bane, that appears to have on'ly4 stacking spaces, and the parking setbacks do not appear to meet the Ordinance requirements. The Commission concurred, but pointed out that this 18 a gas station only, and not a convenience stare operation. Fur- ther discussion ensued regarding the site constraints. ommi.ss ontz Steigerwald questioned the statement by the petitioner regarding the "unusual hardship"* Mr. .Rosa statedthat initially the property was much larger= and has been decreased in dimension by right-of-wa.y, dedications dur- Ing the platting process. Mr. Berthi.aume stated "he had not been compensated" for the land "taken by the City".Chair- woman Vasiliou inquired about the accountant's opinion that the facility would not be viable without the gas pumps. Mr., S rthiaume confirmed this statement. The Cor mission expressed doubt than thepetitioner had received no compen- sation for any land that may "have been 11taken" for a public purpose. The petit ilooer Fad consented to the inclusion of the .land in tL- PA.D., Commissioner Stelgerwald inquired if another type of bus- iness could be better sui:,ed for the site., Mr. Rosa stated that the 5,000 sq. ft. site would. not accommoday mangy* ' businesses.. Commissioner Steigerwald inquired if they had given considerati=on to the convenience store without the gas pumps. Page 289 Planning commission Minutes eoe ber 12, 1984 Mr. Rosa and Mr. Berthiaue stated this would not be econom,- ically feasible.; Commissioner Stelgerwald added, that the unusual hardship" cannot be considered when the circum- stances are creatA4 by what Is proposed to develop on the land* versus the titditions of the property. C`tai.rwoman Vasiliou opened the Public Nearing. Tom and Marilyn Leverenzi, 14005 Rockford Road. Mr. Levarartz stated he is a ---ighbor to the west of the site, and he is concerned a gut the gas pumps as a safety factor. He ,Mated they were advised there eras a convenience store proposed, but were assured at that time, that the sites would be developed with a convenience store,: restaurant,, and the third site would be tot a gas station. They were also assured they would be screened -d buffered from the sites. fir. Leverenz stated that an ne.11-ti ght facility" and the hours the flaoillity would' be open ` is a concern, in that It would produce increase traffic and no—i6e, ;and the lighting could impact their property. He agreed with the Commis- sion's statements regarding the Standard service station on Xeniums and that this site could be "just as, bad". Mr. Wes Perisian 135 80 39th Avenue North, lives south of the proposed facility, , and is not opposed to, the oonvervienoci store, but is Concerned aboltt the traffic that could be gen- erated by adding the gas pumps. He cornented that there is ofi.celwarehous space behind hi p.^bperty, and that even though circulation, was initially planned so truck traffic would not impact the residential neighbor-sl there is truck: traffic in the area --hours a day. Chairwoman Vasa ,lou in- quired If this was the Trammel Craw development. Mr, Perisian answered affirmatively. Chairwoman Vasillou in- quired if Mr. Perisian had informed the City; he stated' he had not, and, Chairwoman`Vasiliou commented, now, that staff is aware of this, the City vill creek into the problem. Mr. Berthlaume stated; that. a "hardship" does exist, that denying approval for his development ;plan deprives him' of reasonable use of the land and his property rights, and, that grantitg the variance request would not be injurious to n i.ghboring properties. He stared that the convenience store with gas pumps-`is a proper use of his property; and if ars exit on the west side of the parcel were granted, he would oot be facing , c problem' with: adequate stag i.ncg spade. Chairwoman `Vasiliou advised that the City Codreii i the forum to address the concerns rega:ding right-of-way ;re- quirements, that tete Planning Commission cannot change the facts of the plat approval of ,which Mr. Berthiaume was aware. It gust develop a recommendation on the basis of the information gkven for this sp ;. fie application, and the oondit ons of the PUD plan and play: approvals, Page 291 Planning- commission Minutes toember 121, 19814 Roll Call. Vote. S Ayes. MOTION carried.. VDD MOTION C -tED ChairwomanVasiliou introduced the request by roger Scherer, ROGERSCHERER Scherer Bros. cumber Company, for Revised preliminary plat OS. L and Final plat for property Located' northwest of County Road REVI.SW PRELOUNARY' 18 and Soo Line Railroad right-of-way. Reading of the MAT AND PINAL PST December 3, 1954 staff report was waived. 5) Chairwoman Vasiliou Introduced Mr.' Oreg Frank, cCombs- nutson Associates, representing the petitioner. Mr. Frank had nocomments or questions at this time. Chairwoman Vasiliou opened the Public Hearing. Mr. Steve Poindexter, 33 So. 6th St.., stated the is here on another ag-qda .tem, but thathis client's Interests relate to this Item. He Inquired about the location of the trunk sewer line. lira. Greg Frank stated that from Nathan Lane and 51st Avenue North, It will, extend across the rail.rvad rig*! o ay, and, the intent is to bring t Into 5%d Avenue North toservice the Scherer Bros. property. Mr. Poindexter , Inquired if the sanitary sewer could be brought up Plonq the east property line. Ch irwaitan vasillou questioned whether this was the proper forum for these matters,. Mr. Poindexter stated that while he is not objecting to this plat, he wanes the Commission to, be aware of the situation about sewer - availability, due to the proposed rezoning of land to ARD that- is said to, be dependent upon the, ronstruction, of the Pike Lake Interceptor, Coordinator McCann stated that, the Scherer property Is in a different sewer district, and that the property Mr. Poin- dexter rs discussing is intended to be served by the Pike Lake interceptor.. Charlie Pfeffer, Scherer Bros. 1, s*mber Co., stated that ter, Poindexter's discussion was not part of their applieat on for platting, a:d should, not be discussed at this time, Chairwoman Vasil lou agreed, and clesed the Public, Hearlsiq. NO :SON b,. Com sloner Steigerwaldt secooded by Commissioner REC -.t C ATI C IrL to recommend approval for the Revised Preliminary Plat Vote. 5 )yes. MOTION carried,, VOTE _ TIO CAMM C Page 292 Pi ann .nq Cormitssion H nutes December i I Chairwoman Vasilliou Introduced the joint revueit by Pruden- PWWJ4TIAL INSURANCE tial Insurance Company and. McDonald's Corporation. Reading CO. Nod D *S of the December 31 1 84 st y' report was waive0. CORPORATION FIS PLANIPLAT FOR Chairwoman l asiliou intz dcced Mr. Todd; Baldwin representing WH ST BUSINESS McDonaldlt, Corporation. Mr. Baldwin explainedMcDonald's i7TH, ADDITION request for approval of their site plan. He stated they had AND SITE PLAN ANS Ioo ed it a number of sates In Plymouth that did not work COWITION& USE c,• for teem,, but that the Northwest Business Campus site PERMIT (80062/84054) meets their n.eds. He discussed the requested variances, site design, and signage that tfey have tried to respond to staff concerns by eliminating :ane curb out, and providing pilins for bending and landscaping ":'er screen. ng. He stated that their sl nae is the McDonald 11standard" t and Is needed for recognition. He noted the request Is for the "smallest sign's McDonald's uses, and, that idenfieatic n is eery mporw tart on this site as it does not have "adequatevisibility"'* Chairwo as VasVif-, commented that the purpose of sery-loe facilities with tz this MPUD, is to serve, the MPUDI and not to bring I- business From the highway. ir. Baldwin stated that originally, they, did not understand this concept. He stated their ooneern is,that the Campus will not generate the traf- e McDonald's needs so they will depend upon the traffic rom the highway. Chairwoman Vasll ou and t1r. . Baldwin dis- cussed the signage plan for the Northwest lusiness Campus% and other restaurant signage,, in the area Mr.. Baldwin staffed ",hal- a restrictive Sign, Ordinance can iut a burden on the consumer as well. Commissioner Ste Berwald stated that Ordinance a I towed s qn- a,-e should be sufficient. C amen ssio;er Plu a commented that this site has good T,eisibillity easy' and west o 'Ylighway 55, and that McDonald's s tou,.d be sensitive to site develop- ment ``or other businesses that will develop in the C.smpus. H*e stated had McDonald's restaurantIed a a gdvl-, ry jha #{ghje, ^ in L -.don - air' e aiihat .i «S.SA sJ grl +X :L.# .0 7 i the j MLl i'1'kYsignage dar ' . qtr. Baldwin commented that that facility does not do a got d use Hess Cwosnr Plufka stated that the joint sic ns would he more e .te than the large scale sgn and oud3e in the hest interest of the development to prevent sign clutter". Mr. Baldwin stated that fast food restaurantss are very dependent on their signage. Chairwoman Vasillou commented that McDonald's is now a "household word", and - in reality, doesn't need large scale signs or extraordinary M Page C'sion minutes December 1-21, '1984 Don Poupard, 6251 Beach ltd*,t stated that he is not against McDonald's proposal, nor is he against Prudential* He noted that him site Is across Highway 55 and was considered by McDonald's for a restaurant$ but that the City "denied" the proposal,. Stibsequently other, restaurant proposals for this site were denied; an l, he. questions these denials, because his site is similar to this one. Discussion ensued regarding the approvals for Mr. Poupard's site.. Mr. Poupard stated his concern is there is a "double standard" heret and wants equal. consideration. Discussion ensued regarding Class i and Clasp ii restaurants and the Ordinance provisions for thea. it was explained that the 14PUD status; of the Northwest Business Campus differentiates the zoning of this land from Mr. Po pard"s site, for which a restatrant has been approved -2 although none has been built. Mr. Dale Be thiaume commented that he is also asking the same con$idekats.on for his proposal. The .Commission com- mented that there is a great deal.of di ft-„,;nc Iii these propos,As and the revue -ted variances. Carlos, Hodgef Prudential Insurance Companyt stated that a letter supporting McDonald"s position had. been sere to the City. He stated that$ they feel the setback issues, are not major Issuest and that Pruldntiai, does not anticipate a fast food road.'” or strip within the Campus; they grant to limit the number of fast food restaurants L -" 'the Campus. Chairwoman Vasil..ou commented* that r- Baldwin had stated he had no knowledge initially of the intent of the plan for the MPUD. Mr. Hodge stated that they provided` McDonald"s with a oopy.of the t ldelines for developi—v in the Campus, but did not take an active role in discission of these issues until McDonald's wont to the City with the plans. Coordinator McConn read the cited letter from Ron Peng of Prudential.. Chairwoman ' asi,llou suggested that the Commission vote separately on the Final Plat and then. "i,te pian and Conditional Use Fermi, MOTION by Chairwoman Vasillou, seconded by Commissioner Wire RECOMME iAIION -1 to recommend approval ' for the MPUD Final Plat for Northwest Business Campus nthdditi.or" subject to the conditions as stated in the staff report. Page 295 Planning Commission, Minutes December 12, 1984 MOTION by Commissioner Piufka, Bonded by Commissioner NOTION Stu berg to recommend approval: for : the Site, Plan and Condit o Use Permit forMcDonald's Corporation subject:, to the cand. t ions as stated In the staff report., ow-w issioner Pl,ufka stated that, It is a good site ::layout, however, he is concerned about additional developers requiring varlajnc.s that could continie the encroachment, which could destroy the plan for the 'MPU© by setting that precedent now. Commissioner St ltSerwal.d stated his disappointment, that two major eorpora"t.;1ons have to ask for variances to. develop a :site within ar, MPUD lo, Ol mouth Chairwoman Vasiliou echoed this concern.. Mrs Hodge s Fatty, d he thinks Plymouth's development requirements are too stringentf especially for corporations: He stated, there 'Isn't much happening In Plymouth" bezzause the City seems. to want to build a Camelot',, which is "unrealista.c.11 Chairwoman Vasillou stated that flexibility has already been provided starting with the first building constructed in the Campus- and the Commission 's concerned with the precedent of variances such as these being requested "ups front". Mr. Hodcge commented that, there are few- llmii jor" developers In Plymouth; and, the reasons why are zestrictions and standards. Commissioner Steigerwald- disputed that, and stated the City is "proud of its leve opment,, and proud.of the Pruden,,,l.al development, so far". Tadd H ldwln stated =they had been interested In a site in Plymouth for four or five years, but nothing worked out ,in terms of acquiring a site., They are hoping to succeed here, where the plan called for a restaurant. Roll Call 'Vote Commissioner Stu .berg and Commissioner VOTE — NOTION FAILS Plufka Aye. Commissioners Ware,, Stelgerwald, Chair.t-iman Vasiliou Nay. MOTION fails. Chairwoman `aslliou called a -Recess at 9. PQM. ECESS Commissioner Magnus arrived 9:25 P,M. Chairwoman Vasil lou introduced the request for Preliminary ZWER EWANM Plat for anne nganeerang. 'Reading of the December , PRFJ-ININARY PLAN" 1984. staff report was waived,. 84102) Chairwoman Vasiliou opened -the Public Hearing. Page irlanning Commission Mines Deo -ember 19, *, 1984 Ray aohnson 1038 Nathan Lane,, inquired about the land in- volved In the plat. Coordinator MoConn explained that the plat includes all land owned by BannerEngineering,- that they are looking to future parking needs and possible balldlncg expansion. Mr aohnson inquired about ponding and drainage. Coordina- tor McConn stated the plan anticipates a holding pond for overland drainage. She noted the pond Is not required by. the City Storm Drainage Plan. lean Callagher, Architect) explained that water will drain across the parking lot to the holding pond. Chairwoman Vasillou closed the Public Hearing. MOTION by Commissioner Wire, seconded by Commissioner Pluf-ka IT -tit ATIO to recommend oppro%al of the Preliminary Plat for Banner Engineeringsubject to the conditions as stated in the staff report. Vete. 6 Ayes. MOTION carried. VOTE - 140TION CARRIED OLD NES Chairwoman Vasiliou introduced discussion, on the rezoning C%MNUATION OF for 'Area Al', stating that the Commission had conducted a ZOMM FOR "AREA A" Public bearing on February 29, 1964 where a number of par - eels Were approved for rezoning to FftD because of the lack of muni-:ipal services. "Area All was deferred at that time.. On September 1, 1984-1 the Planning Commission continued consideration, of this issue,; and tabled any action until September, 1985. On November 1'3. 1984, the Pla. ping; Commis- sion and 'City Council held a joint meeting where the City Council requested that the comnal!,s on recons der the action, and torwrd Lt to the City Council with recommendation. On November 14, 1984) the Commi sioa action was to remove the Item from the table for continued- discussion tonight.. g Chairwoman Vasiliou introduced Mr, Steve Poindexter, Mr. Bob Lindell, and Brace Raschke. Mrd Poindexter commented, he had thought he would not be addressing the Commission until. August, 19851 but that be- cause of direction from City Council,, the Commission appar- ently believes It does not have the discretion n defer this tem., He noted the discussion by the Comitission and Council, at respective meetings head on November 13 and 14, 1984. He is of the opinion that the Planning Commission has the legal authority to defer action on this item. Comm#m mss' over Stegerwald explained he had 'moved to take the item off the table. Page 2951 Planning Commis"'. -Ion Minutes December 1,21,€1Q81t Director Tremere stated that "Area All can be viewed as unique, in that, compared to other areas not served with utilities, this land is not constrained by the Metropolitan Urban Service Area or Staged Growth Plan, and can eventually be served by the Pike Lake interceptor. Thereforeg a nota- tion could be placed on the coning Map to designate that service is not availabzet but will. ,be available upon comple- tion, of the interceptor.. Further discussion ensued.. Commissioner Stul:be g stated he supported Option No., '' , and he hoped to stimulate a resole- ton of the situation. Director Tremera stated that tree Commission is not con- strained by the options noted in t't•: P gcember 41 1981+ memor- andum.L and can make their own.. Commissioner Stulberg reiterated his preference for a separate Zoning Classifica- tion, other than t"R . Mr,. Poindexter stated that two options for utilities to the property, would be extension from the Scherer Brothers prop- erty or service from the Pace Lake interceptor; and, the Council shoald continue the hearings on these options. as h e ,tatej that to use the ARD Zoning designation is to zone the property residential,, and since the City does not intend to have residential development of this property, it does not made sense to rezone it to FRD. The zoning should remain I^-1, Further discussion ensued about the need to clarify the WITHDRAW SECOND TO Motion. Commissioner Wire stated, he cannot agree with the MOTION MOTILIN as stated, and he withdrew his, second. MOTION by Commissioner Stulbt3 rg seconded by Commissioner RECOWMATION tel.gerwald to recommend, Option I as stated in the staff memorandum and noting, that the recom*,lendation to Council Is to direct staff to prepare amendatory language within 30 days. Commissioner Wire stated that the Commission wac tending to treat the issue out of proportion to its importance; the in- tent Is to get the matter to the Council for their del.iberatioRi. Commissioner Stei erwald called the question. VOTE 5 Ayes. Commissioner Pl.uf a, Nay. Roll Call Vote. 4 ayes. Commissioner Wire and Plufka, VOTE - NOTION CARRIED Nay. MOTION carried.