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HomeMy WebLinkAboutPlanning Commission Minutes 07-25-199011 W CITY OF PLYMOUTH PLANNING COVaMISSION MINUTES, JULY 25, 1990 The Regular Meeting of the City of Pliiouth Plaming txirAiission was called to order at 7.100 p.m. MEMBERS PRESENT -4 Coiw,iissioners John Wire: Dennis Zylla ar,'4ed at 7.-3G p.m.)Joy Tiertaev, Marofsky, and Acting k'hairman Micnael Stulberg. MEMBERS ABSENT: Comdssioaer Hal Picrce and thaimaN Richard Plufka. STAFF PRESENT, Coordinator Charles Dillerud, City Engineer Dan Faulkner, and Sr,, Clerk/Typist Denise Lanth4er. lie, !ffiam MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Tierney, to approve the Minutes for the July 11, 1990, Planning Commission Meeting, subject to the following change: On Page 111, paragraph 7, the first sentence should be changed to state, "Commissioner Tierney stated she initially did not like the concept of a fast ftad restaurant at this location." Vote. 3 Ayes. Commissioner hire abstained. MOTION VOTE - MOTION CARRIED carried. MOTION by Chairman Stulberg, seconded by Commissioner MOTION TO AMEND Marofsky, to amend the Minutes for the June 19, 1990, Planning Commission Meeting to include reference to a letter from Jerry Theis of Dundee Nursery in the Public nearing Minutes and made a formal part of the Minutes. Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Stulberg introduced the request by Vern Reynolds VERN REYNOLDS Construction for a Preliminary Plat and rezoning fiom FRD CONSTRUCTION (90050) Aft to R-2 for "Bass Lake Terrace" located at the northeast W quadrant of the Soo Line Track-, and Northwest Boulevard. Planning Commission Minutes July 25, 1990 Page 121 0 Commissioner Marofs y excused himself frot the table= Coordinator Dillerud gave an overview olf the duly 19, 1990,staff report City Engineer Faulkner noted that the word "paved" should. be inserted after the ward "temporary" in Condition 10 of the approving resolution. Commissioner Tierney asked staff what the length is of the cul-de-sac on 54th Avenue North. Coord*nator Dillerud responded that it is approximately 500 feet Chairman Stulberg introduced :tike Gair, representing the pet i ti oyer. Mr. Oair stated that they would like to begin phasing with the north end of the property immediately; He stared that the entire site will be graded at once, but that they will plat only the north end because the utilities are readily available on that portion of the site. Mr. Lair added that the remaining property would, be one large outlot instead of manv small outlots. Mr. flair also stated that they will provide a tamporary drive access through the site from lest Medicine Lake Drive.. Chairman Stul'berg opened: the Public. Hearing. There was no one present to speak €n the issue. Chairman Stulberg closed the Public Nearing-. MOTION by CoRnissioner Tierney, seconded by Commissioner MOTION TO APPROVE Wire, to recommend approval of the request by Vern Reynolds Construction for a f°rel minary Plan and reznnin? for "Bass Lake Terrace's located at the northwest quadrant of the Soo Line Tracks and northwest Boulevard, subject to the conditions set forth by staff in their July 19, 1990, staff report, but. amending Condition 10 by adding the word kpaved" after ,he word "temporary" in the approving resolution, Poll Call Vote. 3 eyes.: MOTION-arriee. VOTE - MOIION CARRIES} Chairman Stulberc requested the minutes reflect a request by the Planning Ccimission to the City Co jncil to expedite Metropolitan Council's decision on the Land Use Guide Plan;, Commissioner Marofsky took his position at the table.. Chairman Stulberq introduced the request by Ryan RYAN CONSTRUCTION Construction Company for an amended. Mixed Planned Unit COMPANY (90052) Planning Commission Minutes July 25, 1990 Page 12 Development Preliminary Plan/Plat/Conditional Use Permit and Final Site Plan/Plat for "Waterford Park Plaza 2nd Addition' located at the northeast quadrant of 6th Avenue North (Highway 55 North Service Drive) and Revere Lane. The former "D , eVac" site). Coordinator Dillerud gave an overview of the July 20, 1990, staff report. Commissioner Zylla arrived at 7t30 p.m. Chairman Stulberg introduced Pat Ryan, representing the petitioner. Mr. Ryan stated that the lot for the "Arby's" site is of a sufficient size for the use.. He stated he feels their request conforms with the Zoning Ordinance. Mr. Ayan added that he does not feel Arby's should have to purchase additional land for setback requirements. Mr. Ryan stated they will agree to have a minimum 4 foot setback on the other side which will result in 8 feet of greenery. Commissioner Marofsky asked Mr. Ryan if the parking lot adjacent in Lot 2 will be constructed at this time, Mr. Ryan responded negatively. Commissioner Marofsky asked Mr. Ryan if there is a possibility that a use for Lot 2 might develop where the office building might be located in such a way as it would prevent combined parking lots with Lot 1. Mr. Ryan responded negatively and stated that they have private coverants in their Rainbow lease as to the location of the office building. Commissioner Marofsky asked Mr. Ryan if they would be agreeatile to setting up a covenant that would state when the office building is built on Lot 2, 15 feet can be used of Lot I in the forn, of reversion back. Mr. Ryan stated he woul-I be agreeable to that. Commissioner Zylla iskea staff if they are interpreting a 20 -foot setback because the parking lot on Lot 2 does not yet physica-l?y,exist. Coordinator Dillerud responded affirmatively. Commissioner Marofsky asked if the landscaping on the berm exiting from Rainbow Foods obstructs view for traffic: from the west and if the building obstructs view for traffic from the east. Planning Commission Minutes July 25, 1990 Page 123 Greg Kopischke, representing the petitioner, responded that the site triangle ratios mee+ all City requirements and added that the berm will be adjusted when the road alignment is completed. Chairman Stulberg opened the Public Hearing. There was no one present to speak on the issue. Chairman Stulberg closed the Public Hearing. MOTION by Conunissioner Wire, seconded by Commissioner 'OTION TO APPROVE Tierney, to recommend approval of the request by Ryan Construction Company for an amended Mixed Planned Veit. Development Preliminary Plan/Plat/Conditional Use Permit for "Waterford Park Plaza" located at the northeast quadrant of 6th Avenue North (Highway 55 North Service Drive) and Revere Lane, subject to the conditions set forth by staff in the July 20, 1990, staff report. Roll Call Vote. 5 Ayes, MOTION carried. VOTE - MOTION CARRIED Commissioner Marofsky stated that his vote in favor of this motion does not conflict with his previous, vote on the Land Use Guide, Plan amendment. MOTION by Commissioner Zylla, seconded i Commissioner MOTION TO APPROVE Wire, to recommend approval of the request by Ryan Construction Company for a Mixed Planned Unit Development Final Site Plan for "Waterford Park Plaza 2nd Addition" located at the northeast quadrant of 6th Avenue North Highway 55 North Service Drive) and Revere Lane, subject to the conditions set forth by staff i -i their July 20, 1990, staff report. Roll Call Vote. 5 Ayes, MIOTION carried. VOTE - MOTIG PARRIED Chairman Stulberg introduced the request by Joseph Strait JOSEPH STRAIT (90053) for a Conditional Use Permit for a Home Occtipation to operate a saw mill located at 16845 12th Avenue North. Coordinator Dillerud gave an overview of the July 18, 1990, staff report. Chairman Stulberg introduced Joseph Strait, the petitioner. Mr. Strait stated he was confused as to why he must apply fot a Conditional Use Permit to continue his hobby of saw milling on his property. He stated he oid not provide a list of property owners to City staff because he telt the 90 fee li, submitted to make application would cover the costs of everything. He was under the impression City staff was to take care of everything. Commis-ioner Tierney asked Mr. Strait if he is employed. Mr. Strait responded he is retired. Planning, Commission Minutes July 25, 1990 rage 124 Commissioner Tierney asked Mr. Strait if he makes any money from his saw mill operation. Mr. Strait responded that he, did not make much money from his saw mill operation. He stated that it is more of a hobby than an occupation. He added that most of his work has been for his daughter. Chairman St-ilberg opened the Public Hearing. Chairman Stulberg noted the Planning Commission's receipt of a petition from the neighbors of Mr. Strait opposing the proposed Conditional Use Permit for a Home Occupation to operate a saw mill. Chairman Stulberg introduced Sandra Vrooman of 16705 12th Avenue North. Ms. Vrooman stated that her property is located east of Mr. Strait's property, and stated that she is not opposed, of his saw mill operation. She stated that a majority of her waighbors, are conducting a business in their home of some sort, whether for profit or for hobby, and she cannot understand why they are all opposing of Mr. Strait's operations,. Ms. Vrooman asked if denial of a Conditional Use Permit for a Home Occupation would. prevent Mr. Strait from cutting wood for his own use, i.e., for heating his home. Ms. Vrooman also stated she would be willing to help Mr. Strait obtain a property owner's list from Hennepin County if he wishes to pursue this. Chairman Stulberg responded that Mr., Strait will be able to saw for his own personal use as lon- as it does not cause a nuisance. Commissioner Tierney asked. Ms. Vrooman if she has ever heard the saw. Ms.. Vrooman stated that she has heard much machinery noises from her other neighbors, but has not heard Mr.. Strait's saw. Chairman Stulberg continued the Public Hearing until another date when all property owners have been notified. Mr. Strait stated that his biggest job was a while back for Plymouth Village, cutting diseased Elms for retaining walls. He was paid for that work. Commissioner Tierney asked Mr. Strait if he owns a chain saw. Mr. Strait responded affirmatively. Planning Commission Minutes July 25, 1990 Page 125 Commissioner Tierney asked staff why a Conditional Use Permit is necessary for Mr. Strait. Coordinator Dillerud responded that Mr. Strait h 3 admitted to being paid from his operations. If he is being paid, he must have a Conditional Use Permit per the Zoning Ordinance. Commissioner Marofsky asked staff if Mr. Strait operates his saw for his own personal use and as a hobby, would there be a need for a Conditional Use Permit. Coordinator Dillerud responded negatively. Commissioner Stulberg advised Mr. Strait that if he wants to continue with his application for a Conditional Use Permit, he must, by law, provide the City with a list of property owners within 500 feet of his property. Commissioner Stulberg introduced the request by Lowry Pill Development Company for an amendment to the Sanitary Sewer Element of the Comprehensive Plan to permit relocation of a parcel of property from one Sewer District to another located at the northeast corner of Holly Lane and County Road 9. Coordinator Dillerud gave an overview of the July 18, 1990, staff report. Chairman Stulberg asked staff if the Metropolitan Waste Control Commission would approve this amendment if the City approves it. City Engineer Faulkner responded affirmatively. Commissioner Marofsky asked staff if this proposal is different from the Northfork hookup. City Engineer Faulkner responded affirmatively. Commissioner Zylla risked staff when sewer would be available to this site if their proposal is denied. Coordinator Dilleruc responded it was not in the 1990-1994 Capital Improvements Program. Commissioner Zylla asked staff who pays for the connection to the sewer to tf, east in the future if this is approved. Coordinator Dillerud. responded the petitioner is responsible for the cost. LOWRY HILL DEVELOPMENT COMPANY (50056) Planning Commission Minutes July 25, 1990 Page 126 Amb, Commissioner marofsky a- ed staff whether any other development boundaries in this sewer district had been changed. Coordinator Dillerud responded that there have been no changes in sewer district boundaries in this area. CAmmissioner Wire asked staff if the Lowry Hill site could get sewer from the Medina Interceptor. City Engineer Faulkner responded. that the Metropolitan Waste Control Commission monitors and approves sewer hookup to that pipe. Commissioner Zylla asked staff if it is likely that there will be more amendments in the future to move between Sewer Districts. City Engineer Faulkner responded tFat he does not foresee much development to cause more amendments. Coordinator Dillerud stated he feels approval of this proposal would set precedent for land 411-19 Sewer District that is adjacent to County Road 9. Chairman Stulberg introduced Rick Sathre, representing the petitioner. Mr. Sathr- stated that there are 7 families who are co- owners 0 this land and would like to develop the property. He stated it was logical to switch Sewer Districts, find there would be no cost to the City to switch to easterly trunk line in the future. Mr. Sathre added that the flow out of this site would be a small part of the Metropolitan Waste Control Commission's sewer capacity in the Medina. Interceptor. Chairman Stulberg introduced Bernard Barr, one of the petitioners . Mr. Barr stated he is having business relation problems, with Cityy staff. He expressed his frustration of fighting with the City for so many years to get sewer a0 water hookup. Chairman Stulberg opened the Public Hearing. Chairman Stulberg introduced Karla Blevins of 16440 Old Rockford Road. Ms. Blevins asked where the sewer would hookup and how it will effect her property. Planning Commission Minutes July 25, 1990 Page 127 Coordinator Dillerud showed her on the map the point of hookup. Ms. Uievins asked if she would be assessed for the hookup. Mr. Sathre rasponded that the sewer would be built by private money, and she would not be assessed. Ms. Blevins -stated the City should bear in mind the tax burdens to property owners who do not benefit fropi the service. Chairman Stulberg introduced Dorothy Krekelberg of 61E Hemlock Lane North, Ms. Krekelberg asked if the Arne and Northfork properties had to amend the Comprehensive Plan in order to obtain sewer to their site also. Coordinator Dillerud responded negatively and stated that it was because they were connected with t1,e City trunk sewer system rather than a Metropolitan Waste Control Commission pipe, Mr. Sathre added that the Artie and Nforthfork properties da did need to amend the Staged Growth Element of the 1W Comprehensive Plan. Chairman Stulberg introduced Gary Schet-ber of Box 181, Rogers. Mr. Scherber expressed his concern that if this is approved, all the other land owners to the west will petition for the same thing, which will result in the opening of the land to the west. Chairman Stulber,,° closed the Public Hearing. Commissioner Wire asked staff if this proposal would over tax the capacity to the City's pipes. Coordinator Dillerud stated it is ino I re of a timing issue. Commissioner Marofsky asked staff whether the future proposed trunk sewer east of this parcel will serve the Hollydale property also.. Coordinator Dillerud responded that it will serve up to the MOSA line, and that Lowry Hill will not be the only property to be serviced. MOTION by Commissioner Zylla, seconded by Commissioner Wire, to recommend approval of the request by Lowry Hill Development Company for an amendment to the -Sanitary Sewer MOTION TO APPROVE Planning Commission Minutes July 25, 1990 Page 128 Elemeit of the Comprehensive Plan to permit relocation of Parcel 17-12-0001 from Sewer District N01-17 to Sewer District V-18 located at the northeast corner of Holly Lane dnd County Road 9, subject to the conditions set Barth by staff in thei- July 18, 1990, staff report, but deleting Condition 3 of the approving resolution. Mr. Sathre noted that the name "Lowry Hill Construction ipany(( should be changed to "Lowry, Hill Development Company" in the approving resolution. Commissioner Zylla stated that he feels this is more of an issue of staging, and that the City will see reasonable plans -For development. Conmiissioner Wire stated he feels the pipe capacity is sufficient to service this site. Commissioner Marofsky stated that be is in favor of this proposal, and that it is not the job of the Plaoning Commission to moniter competition. He stated that this land is part of the 1,800 acres the City opened up with the expansion of the MUSA line, and therefore the owners should be 61y to develop their land. Roll Ca'l' Vote. 5 Ayes. MOTION carried. Chairman Stulberg stated the Public Hearings for amendments to the Zoning Ordinance is continued until August 8, 1990. Chairman Stulberg adjourned the meeting at 9:30 pm, 0 VOTE - MOTION CARRIED ZONING ORDINANCE AMENDMENTS