Loading...
HomeMy WebLinkAboutPlanning Commission Minutes 02-27-1985CITY OrPLV Xz-14 PLAWINC S9 {_13 14INUTES FEBRUARY t 1985 eetingof the Plymouth Planning Commission a sregularmeeting called to order at 7t4O P.A. MEMOS PRESENT; Chairman Steigerivaldg, Commissioners Wire, Magnus, Stulberg, and Pauba R ABSENI Commissioneroner Plufka STAFF PRESENT.- Community Development Coordinator Sara McConn City Engineer Jahn Sweeney Community Development Secretary Grace Fineman CONSENT AGENDA Commissioner Wire requested that Items -Al -A and '7-B be removed from the Consent Agenda. MINUTES - NUTSC1C € gay Commissioner Magnus, seconded CommissionerMOTION IWT- UY Pauba to approve the Minutes of February 13, 1985 as 11:t 1985 submitted.. OTE. 5 Ayes. NOTION earried. Chairman Steigerwald introduced 'the request by Holiday HOLID " STATION Station Storess Inc. and. introduoed Mr. Jerry 3ensent Moll- STORES,, INC. day Inc.; and, Rick S4thre, athre-Ser quist representing SITE PLAX the petition. Chairman Stelgerwald requested that Coord n- CONOITIONAL USE ator McConn review the FeE nary 13, 19855 staff report. PERMIT (85002) Mr. Jerry Jensen Mated. th JI this facility would be similar to the store located on Highway 55, but of smaller and newer design. Commissioner Pauba inquired about the delivery area at the store. Mr. Jensen stated that typically they would unload one tuck per geek at the front entrance$ and that deliver - les are made dui: inch sloe business hours. Comms nner Pa+ 3 a stated his concern where he has, seen stores with a number of delivery trucks, narked at the building, front creatlnq traf fio problems.. Mr, Jensen started not more than one delivery per week would he made, and unloading takes: approximately 15 minutes, com issioner Magnus discussed his concerns regarding traffic circulation. 42- RECOMMENDATIONS FOFEBRUARY , ;1985 APPROVING T PLAN AND CONDITIO14AL USE PERMIT FOR HOLIDAY STATION STORES, INC. EStation Stores, Inc. has requested approval a Site Plan and dndI t ,cna Use Permit for a 3,600 sq. ft. self -serve gas-fflne station and retail convenience store to be located east of ath n Lane on Lot Z,. Block I Rockford Square Addition -,s WHEREAS, the Planning Commission has reviewed said requests at a duly called Public Hearing and recommends approval NOW, THEREFORE'., BE IT HEREBY RESOLVED BY THE CITY COINCIL OF THE CITY OF PLY OUTH MINNESOTA, that it sf-ould and hereby does approve the request for Holiday Station Stores, Inc. for a Site flan and Conditional Use ermit for a 3600 sq. ft. self - serve gasoline station and retail convenience store to be Located east of Lathan Land on Lot 21 Block I Rockford Square Addition, subject to the following %ng conditions: 1* Compliance ` with City Engineer's Memorandum` Payment of park dedication fees -In -lieu of dedication in accordance with the Dedication policy In effect at the time of Building Permit issuance. 3. Compliance with Policy Resolution No. 79-80 regarding minimum Acer elevations for new structures on sites` adjacent to,, or cont in rig any open storm water drainage facility. 4. Submission of required financial ;guarantee and Site Performance Agreement for completion of site improvements. 5. Signage and illumination shall be within Ordinance standards. 6 Any subsequent phases or expansions are subject to required revises and approv- als per Ordinance provisions 1 7. All este and waste containers shall be stored within the enclosure. No Building Permit to be issued until the Fina. Plat for Rockford Square Is led and recorded w1t Hennepin County. PLEASE SEE NEXT PAGE Page 414 Planning Commission Minutes ebruar. 7 1985 Cols n r '' inquired about the hours said € « tion. tbjr. 3enson, stated they are to be 1 A.M. to Midnight.. Commissioner Stulberg confirmed that delivery of gasoline could occur during regular business hours with customers a the pumps. Mr. Jensen stated that delivery would not inter- fere with the customers. He pointed out the location of the tan aqe. Mr. 3ensen noted that the 1951 General` Development Plan for this property did shoe a Vitas station and convenience store, which is what is proposed for`development at this time, He was concerned about any delay in processing this appliea.- tion., He stayed they have complied with all requirements and Ordinance provisions and have responded to all direction from the City. They have enjoyed a Mood relat.ionship with the City of Plymouth and want it to continue... Chairman St igerwal,d requested that Coordinator McConn ad- dress Mr,, :ggen's comment that, the Rockford Square and De o o`development proposals all be considered at one time. Coordinator Accu n offered that the Rockford Square property as being platted at this time so there is merit in reviewing he development proposals together, She stated the property to the east (vtoco -Addition) was platted at about the same time and these development proposals were not ready for re- view at the same Planning Commission meeting. it should not he vie ed a$ a rpac age deal" a the Commis-- ion car aet on each proposal independently as they are not contingent on each other. Mr. Eggen explained that his statement regarding a "package deal.",was meant to explain the fact that the development proposals for Rockford Square are being heard at the same time; and, the proposals hung reviewed for the property to the east (Del oeo Addition) should be included to make it convenient for the City Council to review development proposals for the whole area..: Chairman Steige wal.d stated that the 1983 Preliminary Plan for Rockford Square identified these uses and the background sr.iterial could have been reviewed by the residents of the Middle East ,Assoc;,at:g oa ., He stated he was concerned that it took untill too y be¢oQ e a neigh orhood representative re- viewed the materials" under' consideration. Coordinator McConn staters thi,,. 1P addition to the Public Nearing Notice, a personal letter , was sent on February 15, " 955 to I Mr. Eg,on as President of V,e Hoo owner's Association. Mr. Pg en thanked Coovdinator McConn for having this special notice sent to tfle Assoolation. He stated that he was try - Ing to suggest s ething to make it easier for Citizens try- Ing to obtain information from the City, because they could not make a professional evaluation of a' development proposal. 4 Planning Comardislon fi.n to$ February ?71 1985 Chairman Stelgerwald stated th at the zoning and guidincl of this area 4as been uisoussed a number f times over the years. The confusion factor seams to lice with the nomencla- height orhocd shopping center"'-, people lank. I$ as a is aint l R the wntc tiW r shack-type" of development- and, the designation seems tO mean different things to each person defining it. He confirmed that these uses are c- ecx table uses by Conditional Use, Permit for this Zoning Distri . Mr. Eqgen stated they arsconcerned with the n"mber of eus- mers that would be r w by tease businesses, that the gas station Wt I l draw frooi a much eider area than the immediate neighborhood, iced, that Holiday sells geode at high volume. Chairman Steixierwald reiterated that', this use is a permitted use in the Zoning District by Conditional Use Per- r- mit. The permit has ondi tions Nhloh mush be met by the applicant; and, if there problems arise, the City can revoke that permit. He commented that Mr. 1 gen's statements on the " ateway" are well taken, and perhaps the "gateways" should have been looked at more closely ,vhen the guiding was established throughout the City. 4220 Nathan „ane stated thathe is con- cerned avid fur r , oex ned about the neighborhood oonoept , He commented that the e.xistlnq Holiday Plus store is 1,kjot a good neighbor"'. they plow snow it, the middle of the nicItit which disturbs the neighborhood; they are causing traffic problems in the area, and, that more development in this area causes it to look less and less like a neighborhood shopping area, He stated his ;_:%oncern about possible pollution and :contamination of ground water from gasoline storage tanks. Chairmao Steigerwald inquired what time of Might the -<plowing was being done. Mr. Burke stated he wasn't sure when he was awakened. Chairman Steigerwald inquired about the traff'i.o problems. Mp. Burke presented pictures showing police directing traffic-. Chairman Steigerwald noted these were taken during the period of the grand opening for the store, and inquired if Mr. Burke perceives that the traffic p obl.eirs have continued at that intensity. Mr.` Burke stated that the traffic is more intense but has been alleviated somewhat with the installation of traffic lights. Chairman Steigerwald inquired of Engineer Sweeney about. ,any problems with possible contamination of ground water: in this area. Engineer Sweeney stated that the tanks would be 'in-- stall.ed as regulated by "tats; Code. Rage 4 Planning C^mmlssioa Miautes FahruAry 27.1985 Mr. Jensen stated that realistically there have been some in the industry with tank leakage for those which were installed, long agcy and under less restrictive regula- tions. egu a - tions. He stated khat they install tanks to meet all codas and regulations ,including soils tests which reveal any chem- icals In the soil that could cause corrosion. Mr. 11,en Schuster, 4740 Orleans Lane, :Mated that he had spoken against the approval for Holiday PI t , and he feels that the gas station as proposed should be located on the same property as the Holiday Plus store. He is concerned that the Holiday store was proposed to Plymouth as a prem l.um outlet a:nd would tie a show case, he does not agree that this has been the case. He stated the landscaping is poori the parking lot is toss much asphalt, and, sopping carts are scattered over the lot. He agrees with Mr. Egqeals comments on this area as a "gateway" to Plymouth; ; and, that the City should have developer, a "theme" for the area. He stated that while in college, he worked in a`= gas station that pumped approximately %000 g l.loas per year. He is of the opinion that Holiday should offer the information on the volume of qas, sales they foresee for this facility. He stated there are enough gas stations in the area; .and, the Holiday plus star negates the need for a convenience store. file Schuster was also concerned about Holiday requesting Industrial Revenue Bond. that were approved by Council.,, and,inquilred about the Ste-,,els requirements regard- ing liability for any tank leakage. Chairman Steigerwald stated that the Commission afpreciates Mr. chuster's comments. Na explained that the Commission is advisory to the City Council and would have no comment on approvals regarding financing. He further explained that the Conditional Use permit would be issued to Holiday as operator of the station and could not be transferred to another operator. He commented that the landscaping ,and parking lot for the Holiday Plus storefollowed the Ordinance provisions and criteria for approval. We suggested to Mr. Schuster that he_g;ive his input to the City regarding traffic flora and this could be addressed by the City Engineer and Mr.. Jensen. Engineer Sweeney and Mr. ,Jensen commented on the Traffic Study completed in December, 1984, in don ut,_-tion with ;the preliminary plat for Rockford Square. This report reviewed development of property in the areal and, the report showed that with installation of traffic lights the uses proposed would not have an undue impact on ;the road system. Mr., Schuster stated that the traffic counts were ., .Me for County Roan 9, but not for Nathan Lane Page 47 planninq Cowmiss rn Minutes February 985 Engineer Sweeney stated that there were projected traffic counts made for Nathan Lane and the frontage road for County Road 9. The study reoom endat tons include an acceleration lane t t4,atw i ll be implea nted in con unotion with this development. Chairman Steigerwald; commented that in the ease of liabil - t t the operator would follow all tae of Minnesota standards and teat the State provides tilist of criteria they should follow. Mr. Schuster ommented that, the Planning Commission and City Council Should require uniform development themes,, and, that this area in particular should be planned as such. Coordinator McConn commented that the Zoning Ordinance does riot address mita mum architectural standards, ?fir, Schuster stated that communities like San Francisco have architectural standards to assure a stheticolly pleasing development. Chairman Steig,erwald closed the public Hearing* Commissioner Wire Inquired about the signage proposal and questioned the calculations, Coordinator McConn listed the square foota es and :noted that they were aid. within Crdin- ante provisions. Commissioner Wire Inquired about the size of the logos. Coordinator McCann answered that the Logo I,% counted as part of the building signage and the pylon is counted separately as a freestanding sign, Commissioner Wire inquired about the fascia panels,, aA whether they would use a stripe. Mr. Jensen answered that they would not use stapes,. Commissioner dire inquired about the self-service micro- phones and speakers. fir# Jensen stated these Mould be used and are required with this type of operation* Comm ssion r Wire inquired about (decibels) sound levels. fir. Jensen stated that the noise level should not oe intense as the speakers are located some distance from residential areas Mr. Jensen added that they would assure that the speakers would be turned down If there were. such problems arose. Commissioner S.tulberq commented that `decibel range has no bearing on which direction the sound will carry. Commissioner Wire stated his concern with illumination and inquired whether standards have been applied to the back -lit signs. Coordinator ReCunn stated the luminaire plan had been reviewed and nn, negative impacts were demonstrated. Pale 48 Planning, commission Minutes February 271, 198 Commissioner Wire stated this plan seemed to be strictly for pole lights. He inquired about the illumination of the sign on the buil,d nq and: whether there were standards for it. Coordinator icConn stated the intensity of the ill.cmtn ted sign was not reviewed, only the parking lot lighting. The signage i lluminat icon would be reviewed with ' Sign Permit application Further discussion of signage and illumination ensued. Chairman Steig rwald and Commissioner Stu.lberg suggested that Commissioner Wire could suggest conditions of approval that would address his concerns. Commissioner Wire stated that he was unable to identify the type of plantings considered for the bora in that the plan references sod only. Mr en en stated they propose sodding and low shrubbery over and above the requirements of tll( Landscape Pol icy. Commissioner ' Wirestated Concern t ._ because the area is heavily geed on the northwest sides but there is nothing planned for the front of the site. Mr. ensen, stated their proposal will make the most attractive surroundings and the landscape architect has prepared a good plan. Commissioner giro 'commented on 'the statements made by neighborhood residents who do not feel the landscaping is adequate around the Holiday Rhus stere, which imeans in this case, they should be sensitive to landscaping around the new facility. lir. Jensen stated they are satisfied with their plan and have worked with City scarf to achieve compliance with all requirements. Co=nmissioner Pauba noted that Condition No. 9 responds to the lltmlvv a re plan- arid, he agrees there should be plantings on the berm. Chairman Steigerwald pointed out that Four Seasons Shopping Mall has no .shrubbery planted on berms. MOTION by Commissioner Stulberg, seconded. by Commissioner 140TION Pauba to recommend approval for the Site 'Plan and Conditzon- al Ilse Permit for Holiday Station Stores, Inc. with the l conditions as .listed in the draft Resolution and a change to Condition No. 5 deleting the words ,aper site plan .materials dated February S, 198511, and adding that "signage and Illum- 4 . ination shall be within Ordinance standards" k MOTION by Commissioner Wire and seconded by Commissioner WFION TO AMEND Magnus to AMEND th; MOTION by adding the following to Condition No. II- hould the petitioner fail to comply with this provisions, store management shall be notified of the irreC larity, and given 24-hours to comply. In the event store management does not comply, the City shall proceed with the necessary corrective work and assess the cost against the property. OTE on the AMENDMENT. 5 Ayes. NOTION carried. VOTE 00 AK44ENT age 49 l annl nq Commission 11 nutes February `, 1985 MOTl l s on led by, a lsslorler la(pnus NOTION TO to Ate Nthe MOTION by changing the hours, f operation in ondltlon No. 13 from 6.00 A.M. to 12,00 A.M. A.. M. to 11*.00 p, l. Commissioner mire stated these hours would be more compatible with other businesses in the area. Commissioner Pauba stated hia opposition in that the hours proposed for this type of operation are not unusual. Com-- issiorter dire stated that most other business jn the neighborhood close at 10:00 or 11100 P.M. Roll Call VOTE the Amendment. Commissioners Stulbergj.. VOTE: OR AMENOW i 1.1auba and Chairman Rte qerwal.d, May. Commissioners Wire and HOTiON FAILED Magnus :Aye. MOTION failed. Commissioner lase commented that, there is no mi -ration of service stations in the list for Conditional Use permits as the proposed operation is not "minor" auto seri=ice. Chair- man Steigerwald inquired what Commissioner Wire's Interpre- tation ai uld be for "minor" auto service, Commissioner Wire stated that the Commission will review an upoominq proposal for a gas station (which is smaller in scale) on property to the east, Chairman Steigerwald requested further Interpre- tation by Commissioner Wire. Commissioner Wire stated he cannot quantify, but can only stave: it is less than what is shown on this proposal. Roll Call VOTE on the MAIN MOTIOU as ONCE AMENDED. 4 Ayes. ROLL CALL VOTE Commissioner d=ire Nay. MOT100 carried. NMOTION: As ONCE MERiles NOTION CARRIED Chairman Stelgerwal,d introduced taxa item and requested that BURGERKING CORP. Coordinator. McConn review the r'ebruar 150 1985 .staff re- SITE MAN, CONDITION - TION - port. port. Chairman Ste gerwald introduced JMr. lie Nordstrom, At.. USE PERMIT, AND representing Borger Kind Corporation,. VARIANCES 850 Commissioner Wire inquired ,about signagee and light in97 spec- ifreall the root spot lights and whether the roof is part of the signage, etre Nordstrom stated the roof Is not part of the signage plan and roof spot lights are accent lights, only which are similar to those located on the Highway 55 Burger Rinq. The buildings are the same except this build - Ing will have a greenhouse front. Commissioner Wire commented, that these lights may be too Intense. He Inquired about the wattage. Mr. Nordstrom stated the: lfights are 5 watts which are the same as ,hose pl;aoed on office buildings and outside City Hall. He added that they do rot flash, nor are they placed :so they would seine out; toward the residential area. Charman Steigerwald inquired if the slights would be directed upward, Mr. Nordstrom answered affirmatively. 0 Planning Commission Mi,'ot:s rebr ar y 27, 1985 Co ssiorter Wire Inquiried about the hours of Operation. Mr. Nordstrom stated' that the , Late night dr v -thrc uqh hours are the same as those at the Berger King on Highway 55. Commissioner Wire stated that a A.M. cldsxng is too lac. Commissioner Wire inquired ;ghat is being done about truce traffic at the restaurant. Mr. Nordstrom a d that the Ute Plan is designed to discourage large ser i-tra ler tr ccks, However it can aecommodate 4elivery trucks on site. Commisol.oner Wire discussed the tracks seen at the Burq r KUncl off Highway 55, Coordinator McConn stated that the site does not provide parking for semitri l.ler trucks atid, the Sth place Is posted "No Pal-king". Commissioner Wire m1hias d that Barger ling drays true traffic which difficult to control. Chairman t igerwal.d opened the fk!bl.ic H arinct. Mr. Roger Eqqen, President of Middle East Homeownerts Association, inquired if parking wind he permitted' on the rontago road. Coordinator McConn, was not certain if the frontage read will he posted, however, Nathan lane is posted r. Eggen commented that, there are c*=aereial and industrial 'Tac l ties eastof County ' ad 11 t at generate semi-trema: traffic; that could bac drawn to ,t fast food restaurant rt ted his concern that the hours of operation to 2:10D A.M., would not he compatible with other businesses -.n the area* and, that the :cooking odors Goold he a continuous problem, tie inquired about the number, of hamburgers sold. Mr. Eggen inquired about the tin nci it analysis tool from the Tischler consultants, and whether this report was AAaed to analyze development within the City. Coordinator McConn explained that the report is a fiscal analysis based on the City's Comprehensive Man. She citedd the example of a developer requesting. a 'land Use ` f*'uide plan Amendment; to change the land use designated by the City. the report t would 'analyze he potential finanial impact to the Clay. Chairman Steitlerwald added that if a drastiechange were proposed, time report can tell: how. such a change: would impact the City's tax base. Mr. E gen stated his concern that the City sery e:$ are already ;impacted, and costs are rising because of the law onfereem n problems at Holiday which in, shop lifting etc°. He inquired if the Clay is prepared to provide more protection for this neighborhood. "ha rman St igcrwald a k(m ;Mr. : ggen to clarify. Mrs. Eggen commented further Page 51 that, there would be the (-,-t;*d for more f ire protection-, police assistance for robberies, traffic accidents and the Ilk(-,, e pan thought that theconsultant's, report would identify these ki--ids of prob lemi by reporting on increased costs , the City, tom iss'oner 1&11;,Iberq stated that all new development re ie-wed I,.a es additional City services Into consideration. Chairmat, ,-t,-,ierwald states that* the Planning Commission does not deliberate on these sip ci --) however, the City Council takes all aspects of development into considerat1lon ,when they tak,,9 action on development proposals. Mr. Nordstrom addressed '0ie speaker system to b0 used of bila facility. He rioted that It is a -H systom with volume control. and the spaker is o.-jthe back of the bul`dinq so sound would have to, pas tthrou h the building before any potential iml-`-ir would reach residential it hbo `s. ;noted teat r rd to cooking odors, thus X1.1.1 install veH-,.tr guard heeds that remo es grease. tie stated that their customer pant and traffic studies are geared for interceptor ver5us generatorator t1aft ict that ist the faci,iity silt! intercept the existinq trditic In tho area. 0omml i,,y: "over Magnus Inquired about traffic from midnight to tip il-* A.M. olosin . Mr. ,Nordstro stated tsar .tet-dn a show a volume of approximately cars per hours as an average. Mr. Tim dpi inri .e, 10570 53rd Avenue North, stated that he eats at Burger Xings acid 4gr . s that this is a good site for a -fast food restaurant and gasoline station, Chairman Steigerwald closed the Ablia Hearing., TIN by Commissioner Pauba, seconded by Commissioner 3VTIOi Stulberg to recommend approval for, the SIte Plan,Condition- al Use Permit and Variances for Burger, J<Jnq Co)r loration „I-th the 15 conditions as stated in the draft Resolution. MOTION by Commissioner Magnus) seconded by Commissioner "Fire MOTION TO AWN to AMEND the MOTION by ohanqlnq the hours of operation in Condition No. 14 from,7-kOG A.M. to 2:00 A.M,. to 7*000 A.M. t I M dni ht. Commissioner t4agaus_feels that a neighbor- hood operation there is no need for late night drive-through hours where no other business will be open at this time, Roll Call. MOTE. 4 Ayes. Comm'issioner Stulber9t Nay. VOTC ON AW.PO PST MOTION carried. OTION CARRID le planningCnmAi ss cn Hinutes February Z7, IM TON by Cciram ssioner Vil re, seconded by Commissioner pauba NOTION O AMEND to Amt the MAIN M10 ON by olidnginq the Lanquage of Con diticn No. 12 to add! Should the petitioner fatl to comPlvv jytth this prcv salons, store mann emen shall be notiif of rre 'arta cs and given -hours to comply, In the event store d-oes -act comp I, the City shall pro - c ,-d with the necessaryr eorrecti ve work and assess the cost rust the property. Roll Call }VOTE. 4 Ayes. Ccnmilssicner tjj.a)erq May. VOTE ON T F AWNDH04T MOTION carried. WTION CARRIED Commissioner Wire stated his nc irn regarding the traffic study and hi -4h volume of traffic that could be leen with, these uses p .us the development to be reviewed for property to the east which proposes another service station and oar wash. e Votrinented, that the traffic study seein o ma-ke assumptions on development other than what is proposed, and he would like to see something more de ,n ti e from thetraf- ic study. Coordinator McConn stated that the 1984 traffic etude was prepared based on the proposed Rockford Square plan approval for a_ fast food restaurant, self-service Boas station, and oft -`ice uses. Roll Call VOTE for the HAIN MOTION as TWICE AMENDED. 4 VOTE ON MAINMOTION Ayes. Commissioner Wire, Nay. MOTION carried. iNS VICE AWNDE NOTION CARRIED Chairman Steigerivald called a recess at 9:35 P.M. W WSINESS Chairman Steiqerwald introdueed the next_ item for Ogren OGREN PROPERTIES Properties proposed development o an approximate ,,000 s SITE RLQ AND ft.'a6ghberhood convenience center. He requested that Co- VARMCE 05006) otItor M Conn review the February 14, 1985 staff report. Chairman Stelger ald Introduced Beverly A'Nearn represent- ing the petittoner. Chairman Stelgerwald requested that a atzss )ner Wire- star, the questions and com ent $ as he had requested this item be removed from the Consent Agenda. Ccs ri ssioner Wire inquired about the canopies on the build- jn .. f;ls. .' jearsi stated that the building A,111 match the color of **,*he brisk beim used for the Burger Xing arca Holi- day Statlont and a brown canopy is proposed to carry forward the architectural jjij,s of the greenhouse for the Burger KAng facility. She exp,alned that tenants will be charged a,j association fee that will be retained for Ajse, in replac- inn andfor repairing the canopy. She noted that Vie antici- pated tenants ars: local Plymouth businesses. Page 53 planning commission t inut s February 27, 1985 jtffl r by o 'm issioner ire,. s ck.nded y Commiss onl'r: Magnus Tim- to recommend approval for the Site Rian and Varitince for Ogren Properties as stated in the draft Resolution. Rol'i Call VOTE. 5 eyes. MOTION carried. VOTE - MOTIORCARRIED OLD BUSINESS Chairman ateigerwal.d introduced the item that was considered DALE &EPTHIMME by City Council on 3anuary 7, 1985 and remanded back t f '-)D FINAL PLANPLAT pl..annjug Commission for further consideration of d re- COMMUNAL USE design. Readbig of the February 15, 1985 staff report was MR T, STTE PLAN waived. AND VARIANCE (840210 Commissioner Wire had requested this be removed from the Consient Agenda to inquire about the economic viability for the stare without the gas pumps, as the petitioner had stated that the gas pumps were critical to the project. Chairman Stelligerwald introduced qtr. Dale Berthlaumej. pet- itioner, and asked him about the chane e, made on his plan. Mr. f erthlaume stated he was given no choice but to remove the gasoline service. He commented that he dins not under- stand the strong feelings against his having the gas pumps. Chairman Steigerwald explained the c rculatir)n, stmt€ing, and curb eut protatems on this property. Commissioner Pauba concurred, stating that a larger site would be needed to handle ,the traffic circulation for gas pump. islands. Mr. Berthiaume stated that the estimate is a 33 1 loss of business without the gas.. pumps* He questioned the Commzs- siof?'s concern about late night and 24-hou4s businesses, not- ing that thisAs a convenience store th.t Should have con- venient business hours for a 4-hour society* and, that the longer business hours would help make up for the loss cit the gasoline sales. Chairman Stelgerwald inquired it Mr. Berthlaume was asking the: Commission to consider a change to the business hours proposed. fir. Berthiaume answered affirmatively. Chairman teigerwald stated concern that this property is near resi- dential neighborhoods. He pointed out that the C'omm,r.ssran made a similar judgment in limiting the hours of aper=rtr,on for similar developments. He commented that business hours to midnight could be con;.n ldored. Vo voissroner Wire inquired about the distance 1, tween this development ano the residential,_ areas, Mr. Berthlaome stated he did not know the exact distance. Commissioner that there residences directly south and heWirenotedare would agree with the midnight closincl. twlr* Berthiaume noted that to have someone in the store Z4 hours makes it sayer to do business and would make it an easier" operation. Page 5 i 1 Plan ing C mmission Minutes F"ehruary 27t 195 The Commissionon and Mr,, Berthlaume discussed traffic volume during late evenip l hours. Commissioner tulberq concurred with amending the hours of operation to midnight. MOTION day Commissioner Stulberg, seconded by Commissio er MOTION Wire to recommend approval ofthe MPUD Final l an/Plat, Conditional Use Permit, Site Pian and 'Variance for Dale Rerthieume for Le Dale Plaza as stated in the draft Resolutions ` and subject to all conditions with a change to hours of operation in Condition No. 1.3 from 5:00 A.M. to 11:00 R.M. to 500 A.M. to 12 Midnight. VOTE. . 5 Ayes. MOTION carried. VOTE- - MOTION CARRIED Chairman Stelgerwald introduced the Item and reading of the DIRLAM DEVELOPMENT February 19, 1985 staff report was waived. Chairman REVISED RPUD ' IM- teigerwald asked Commissioner -ire if he had questions for INARY PLAN AND PLAT this petitioner as he had removed the item from the Consent8° 1 Agenda. Commissioner dire stated he had no _questions or comments and expressed his apology to the petitioner. MOTION by Chairman te.igerwal.d$ seconded by ;Commissioner MOTION i agnus to recommend approval for the Revised Residential. Planned Unit Development Preliminary Plan and Plat for Dirl,am Development Company as stated in the 21 conditions of the draft Resolution VOTE. 5 ayes. MOTIOR carried. VOTE -TION CARRIED The Commission welcomed the newly appointed Planning Commissioner George Mellen. ADJOURNMENT, The Meeting adjourned at 10.0P.M. page planning Commission Minutes February 131 1985 LUt?ltemltherewasnooneelseprll speak Chairman tei era aid closed the Public Hearing. VIOTTON by Commissioner Paubal, seconded by Commissioner NOTION TO APPROVE stulbe 4 to recommend approval of the Revised Resi' dential, Planned Unit Development Preliminary plan and Plat for Wooddale l rth" sabjt-.t the conditions as stated In the draftResolution* Commissioner Pl.0 l a stated that he wished to debate and dts_ cuss ident, =° I'y Int that he felt the lot rel.ok ation ref leots a eh n e In open space which Is an unreasonable trade for the City; he asked about t !lio - slze j because the attributes for a Planned Unit De elopmv be satisfied. He stated that the trade of i.9 acre lana for 1.72 acres of ponding: is not appropri te, that Ordinance should be served, and would be best served by soaling back one lot to provide use- able open space for all residents of the PUD. Chairman St i erwald inquired about the open space for the second phase of the €c; Yelbpmeot, fir. Dirlam stated it would be 2.21acres. Cts rtissioner Stei erwal.d i qui,red how ;iany lots were in Phase T -f Mr. Dirlam responded It would be`33 lots., ommssionor Plufka stated that a good portion of the open space i. tlo . 80 could be onus ab e bele use of floodia and that ii would have limited reoro iti.onal use, but some aesUv # e rhairm n Stelgerwald stated it seemed that the .acreage pro- vided for open space is reasonable for the number of utilts. Coordinator NXotm stated that the En xneering p:'partment had Indicated that the Pond area would not havo standing water at all. times. Engineer Goldberg stated that the are! could be used as a playi?ield Mr. Dirlam stated there is a herd surface area in the central on space and they *.4 putting in shrubbery. Commissioner Magnus stated that the ori. iia. plan showed ripen space, but that he cannot seg that th plan offers an area L large enough for a pla t field teat could be used for soccer, etc, And that moving taka o=ort area from the. center of the development to the corner may make it *Inaccessible to all residents. Mr. Dennis Ma hula, Westwood Planning Engineering,, stated that a the tirn o UD pprova11t there rjas a change in City polio,- relating to storm sewer drainage, and this effected the changes which respond to the Storm Sewer Policy. He stated the developer would he happy to build As originally p anne(.1 but the City is not 41lowing this. Resolution No. 85 - Page two The conditional use permit is subject to all a illoa ale codes, regulations and 10, The p0rmit is Issued to the`Holiday tatlon Stores, Ino., as operator of the facility and shall not be transferablo,. 1. The site shall be maintained In a sanitary, i aaner and should the petitioner fail to comply with this provision, store management shall be notified of the irregularity, and given 4 -hours to comply. In the event store management cies not comply I the City shall proceed with t e necessary corrective word and assess the cost against the property. Thee shall be no outside display, sales, or storage of merchandise- or related materials. Hours o operation shall e limited to * ` A.M. to 2. , Compliance with applicable Building and Fire Code requirements be verified by the City prior to zssuance of the Conditional Use €permit. 15. All parking shall be ofd -street in designated areas which comply with tete Zoning Ordinan e,. referred parking spaces are allowed subject to installation upon determination by the City that they are needed. R , 1 "NDN' IONS FOR r1RUNRY ZT, 1,085 APPROVING SITE pLANt CONDITIONAL USE PERMIT AND VARIANCES FOR 81URGFR KING int "IL' 85011 WHEREAS, Barger King Corporation has requested ' approval of a SI to Plant Cotditional Use Permit and Variances for 3281 sq. ft. class 2 restaurant with a drive-through facility located east of Natrian Lane on Lot 1, Block Rockford Square Addition- and, WHEREAS, the 'Planning Commission has reviewed said request at a_duly called P0110 Hearing and recommends approval-, LCRL, HLL RL1L1t 1T flL1L NiT py?N,NOW t Err, HINNESOTAt, that it should and hereby does approve the request for Burge r King, Corporation for a Site Plan, Conditional Use Permit and Variances for a 3281 sq. ft. class 2 restaurant with a drive-through facility to be located east of Nathan, Lane on Lot 11 Mock I Rockford Square Additions subject to the following conditions: Compliance with City Erigineerls Memorandum k 2. Payment of park dedloa ion fees--in--lieu of dedication in accordance with the e lotion Poll v In effect at the time of Building Permit Issuance. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sates a0acent to,. or Cont aininq any open story water drainage facility. .. w 4 Submission of required fl.nar i.ar: quarantee and Site Performance Agreement for completion of site improvements. 5# Signage shall be In compliance with the Ordinance, except dor the traffic directional signage which is allowed to be 4.6 sq. ft, in size, per plans dated ebruary 7 1985. 6. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 7 All waste and waste containers shall: be stored within the enclosure, and no outside storage is permitted No Building Permit to be issued until the Final Plat for Rockford Square is filed and recorded with Hennepin County. 9. Approved Variances lncl.udel waiver of 10 ft. setbaelc of drive aisle to buxldinq for drive through window and 4.6 sq, ft. traffic directional signage rather than 4.0 sq,. ft. PLEAS; SEE NEXT ; PAGE Ptesolution No. Page two 10. The conditional use permit is subjectect o all applicable codes, requ ttions and Ordinances, es, and violation thereof shall be grounds for revocation, The permit is Issued to the petitioner as operator of the a ir! and shall not e transferable. the site shall be maintained" in a sanitary manner and should the petitioner fall to comply with this pr v slam stare management stall be notified of the Irregularity, and given hours to comply. in, the event store menagement does not comply, tete City ' shall proceed with the necessary correctiveve work and assess tete' cost Against tete property. There stall be no outside display, sales, or storage of merchandise or related materials. 14. Hours of operation shall be limited to 71-AOO A.M. to Midnight. 15. All parking sial.l be off-street in 'designated areas which comply with the Zoninq Ordinance. WE1 1~i ND N FOR FEBRUARY ?7,1 1985 APPROVING SITE PLAN A14D VARIANCE FOR OGREN PROPERTIES (85006 WHEREAS, Ogren properties has requestedapproval of a Site Play; and Variance for development f`t convenience center to be located .east of Nathan Lane on Lot # Block 1 Rockford Square Addition*, and, WHEREAS,, the Planningmmi:ssi.on has reviewed said request at a duly called Public: Tearing and recommends appro al NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOT that it should and hereby 'does approve the request for Ogren Properties for a Site plan and Variance , for development o : a 1,000 sq. ft. coaavenience center to be iocazed eas''of Nathan mane on Lot , Block I Rockford Square Addition, subject to the following conditions. - 1. Co onditions% y1 mpliance with City Engineer's Memorandum 21 Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building permit .issuance, Compliance with policy Resolution No. 79-80 regarding minimum floor elevation$ for new structures on sites adjacent to., or containing any open storm water drainage facility. Submission of regvired financial.- quar4ntee and Site Performance Agreement for completion of site improvements All- signage shall be in compliance with the Ordinance,, and no Tar ances are granted or Implied. ; Any subsequent phastisphase.or expansions are sobjea— to ' required reviews and approv- als pprov- a .s per Ordinance provisions. All waste and waste containers shall be stored Within the enclosure, and no outside storage Is permitted. No Building Permit to be issued until the Final plat for Rockford' Square is filed and recorded Frith Hennepin County. Approved Variance includes. a waiver of the fire Lane requirements for the north side' of the building. 10. Prior to Issuance of a Building hermit approval from Northwestern it for the cable relo ae,Ilon shall be granted and verified in writing. 11. Thc., lo*r building level is , for product storage and mechanical equlpm,-nt only-, no tenant occupancy shall be all o ed RECOMMENDATIONS FOR FEBRUARY 27, 1985 SETTING CONDITIONS TO BE RET RI T C r AND RELATED TO F` AL PLAT FOR DAL BERTHIAUML FOR LE DALE PLAZA (HPUD 78-1)(84023) WHEREAS, the My Counctil has approved the Final Pkat for Dale Berthtaume for Le Dale Baa 01PD - NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL, OF THE CITY OF PLY OU MIN- IN- E T , NESOTA, that it should and hereby does approve the following to be net, prior to re. - cording of,, and related to said plat. 1 . ,nel. with the Cite Engineer's Memorandum. 2. Provisions for a 30 -ft. wide rail easement per Comprehensive Park p in, as verified by the Parks dnd EngineeringDepartments, with submittal of d . tailed plans as to construction of the trail per City standards. Payment of pari, d dica cn fees -in -lieu of dedication i appropriate credits in an amount determined according to verified paving coasts and acoordtnq to the Dedication Policy, in effect at the time of filing the Final Plat or a issuance of uildinu Permit. 4. Removal of all dead or dying trees from the property at, the, Owner's expense. 5. Submittal of required utility and drainage easements as approveo by the City Engineer prior to filing the Final Plat. Issued Final as c end recordedNoI' lu i t with Hennepin County. RECOMMENDATIONS FOR FEBRUARY 27, 1955 APPROVING MPUG FINAL PIAT. SITE PLAN, CONDITIONAL USE PERMIT ANID VARIANCEOR DAL BERTHIAUME FOR LE DALEPLAZA MPU 5- (54023) Mi REAS- Dale erre ume has requested approval of, a Final plat, Site Plnl a~ ndi Iona' Vs t and Veriance for an approximate 5,000 sq. ft. multi -use rt:l tcli l_ and ` service i colli%y looated south of County Road 9 and north and east of Lane In the Criterion MPUD (Uutlat A).- and, W'VIL LA: JI tlr v "F ; ening Commission has reviewed said request at a duly calked Public Hearing NOW, THEREFORE, '; BE ITFR ` i RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLNVOUT 9 MINNESOTA, that it should and hereby does approve the request for Dale llerthlaum for 4n MPUD Final Plat,Site Plan, Conditional Use Permit and Variance z an approximate 5,000 sq. ft. multi -use retail, and service ;facility located south of County -Read 9 and north and east of Annapolis bane in the Criterion MPU[, subject the following co dltion5 1 compliance W14 °:nqlneelr ` ;; Memorandum. 2. Payment of pare dcd,* atlun fees -in -lieu of dedl at on in accordance with Dedl*- cation Policy In effect at the time of Boil.di g Permit issuance. provisions for a 30 i=t. wide trail easement per Comprehensive Park Plan, as verified by the Parksn ngineerin Departments, with submittal detailed plans as to construction of the trail per Citystandards* 4 Submissionsion of required financial guarantee and performance agreement for comple- tion mple- tion cif site Improvements. 5. All signage shall be in compliance with the Ordinance. Any subsequent phases of expansions are subject to required reviews and appro- vals per Ordinance provisions. T. Compliance with Qrdinande regarding the location of fire liy rants, A variance is approved from the fire lane requirements per the December 4, 1984. Memorandum from the Fire Inspector. S. All waste and `paste containers shall be, stored within the structure and no out- side storage is permitted. 9. The existing slab and foundation shall be removed at the developer'speiie. PLEASE SEE PACS' TWO Rage Two Resolution o . The conditional use permit is svb je t to all applicable codes, regulations and Ordinances a 'kd violatiort thereof stkall be grounds for revocation. 11. The site shall be mqj* n ,fined in a sanitary manner* There shall n display sales or storage of merchandise or related 13. Hours of ov,-Aion shall be within the periods 5-AOO A.M. to idn * 4. No Wilding Permits shall be issued until the Fina, Plat Is filed -and recorded at Hennepin County. 15. Approval Violud s a waiver of the ack to the east property line for the Ivy.; aisle. RECOMMENDATIONS FOR FEBRUARY 27, 1985 APPROVING REVISED RESIDENTIAL PLAN :. UNIT DEVELOPfTIENT PRFLIMINARY PLANIPLAI FOR ID VEOPMEUT FOR 1$11w 1 ' 31 WHEREAS, Dlrlam Development has eequested approval of a Revised Residential Planned Unit Development Preliminary Plan/Plat, for "Woo ida:le North" to ri lccate three residential < Lots and prxivaLe open' space, located east of Vicksburg Lane and south of future Hamel Road- and, WHEREAS, the City Council approved an RPUVI Preliminary Plan/Plat, Conditional Use P r as t and Rozonina for Wooddale through Resolution No. -354 Gn. 3une,4, 1984.. ani, WHEREAS, D rlar evelopment Company requests approval of ' w revision relatinq tc the rk4ocaticn of private open space and 3>lots; and, V1HE,-REAS,j the Planning Commission has reviewed the request at a duty called Public HeAring and recommends approval,-, OW, THEREFORE,. B l R R *BYRESOLVED Y THE CITY COUNCIL ° H` PLYMOUTH, MINNESOTA, ;that. It should and hereby does approve the Revised Resla,,ntl. l Planned Unit Development Preliminary Plan/Plat for Dir am Development for "Wooddale girth" located east of Vicksburg lana and south of future flamel Road, subject to the following conditions. - 1. Compliance with the City Engineer's Memorandum,. Z. Removal of all dead or dying trees from the property at the owner's expense. x No Building, Permits, shall be_ Issued until._ a Contrast _gas awarded for sewer and 'eater. 4. Payment of park dedlcatiwi fees -in -lieu of dedication In accordance with tete Dedication 0lb y in effect at the time of filing the Final Plat. Street names shall comply with the City Street Naming System. gip- Rezoning shalt he finalized with filing of the Final. Plat. 7, No Buildliiq Permits shall he Issued until the Final plat Is filed and recorded with Hennepin County. Yard seth,.,ck,,5 are 35, ft. front yard: 10 ft side yrard to living area, ft side yard to garage area; a d, 0 ft,., rear yard. etlaac!A to Ham.:.l Road and c sh rg Lane are 50 ft Appropriate .legal docurients regarding Homeoniver sss ciatl ,,a covenants and restrictions as approves by the ` City Attorney, shall be filen, with the Final Plat 111. Staging of the development sINaa.l ;be in accordance with utility avW0111ty as approved by the CiLy Engineer. eeomtrv,. dations for February 27, 193 a7.71t%axax 1.05 uw*ts per . a - x cr ie, ani at, or about the tabl sped High eater elevation per the adopted City Storm.,eater Drainage Pan 44 verified by, the City Engineer.The final numl4er of units shall be 70single family dwellings. U. A mioover from the 40 acre minimum size reqs Ilr ements for p aE s is continqent upon an execoted Development Contract, whereby hve4op r is responsible for the Hamel Road Improvements, an Is approved on the basis that the pro,,osal is an extension of two developments that were ap-)roved under the PUD prov,i. ons No private drive access shall be permitted to Vicksburgg Lane and Ham,! Road. all private drives *hall be provided by Internal public streets. 14. Temporary access to Vicksburg, Lane shall be permitted ones the developer has submitted a ad d' e: requiredit financial guarantees for the constructionpetition o a 4ami,a aad . 15. Tet o. ,ry signage along Vicksburg lane shall be removed simultaneously with the temporary access. All s gnage shall be setback 20 ft. from property lines. 16 There shall be a ,property covenant for permanent monument sign maintenance over the entire subdivision as approved by tree City Attorney, such covenant to be filed prior to issuance of Sign permit. The easement provided for the approved monument signs on the protnrty shall be filed to issc¢anee of Sign permit. prior fid. Loton tie south side of the property that `abut existing development to be s'Imilar in size to etre adjacent lots. 19. Submission of requires i to Performance Agreement and financial quarantee dor completion of the site Improvements for the private recreation - area and landscaping. 20* Resolution No. 4-354 is hereby rasoindoda Development Is subject to terms described In the. Development Contract for Wooddale North". c