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Home My WebLink About11/14/77PLANNING COMMISSION MINUTES MONDAY, NOVEMBER 14, 1977 7:30 P. M. The meeting was called to order at 7:30 P.M. by Chairman Stoffel. Members:Present: Commissioners Stoffel, Gergen, Terrell, Wendler, Kramer, Groth a~d Fischer who arrived at 7:37 P.M., and Murry who arrived at 8:17 P. M. Members Absent: Johnson Moved by Commissioner Groth, seconded by Commiss- ioner Wendler to approve the Mirlxtes of October 24, 1977. 6 Ayes - 0 Nayes. APPROVAL OF MINUTES Chairman Stoffel opened the Public Hearing at 7:30 P. M. The Zoning Officer indicated that on file was the Notice of Public Hearing, Affidavit of Publication, and Certificate of Mailing. Thus, the Public Hearing was properly called. The Zoning Officer explained that since the last Planning Commission meeting, the developer had met all staff concerns with the minor exception of labeling one easement as for drainage and utility instead of just for utilities. He explained that the staff recommendation was to approve the preliminary plat subject to the developer making the indicated change on the preliminary plat. He also recommended that, in order to clarify the record regarding the total number of units approved by the City in 1971, the City should grant a density variance for the project. PUBLIC HEARING - PRE LIMINARY PLAT - WESTVIEW ADDITION - SITE PLAN REVIEW- MID CONTINENT DEVEL- OPERS The Zoning Officer also explained that the Staff had reviewed the site plan and found it to be in compliance with City regulations. The Staff recommendation was to approve the site plan. After all persons were afforded an opportunity to: be heard on the matter, Chairman Stoffel closed the Public Hearing at 7:39 P.M. Moved by Commissioner Wendler, seconded by Commissioner Kramer to approve the preliminary plat subject to the developer making the indicated change on the preliminary plat; to approve a density variance for a total of 247 units; and to approve the site plan. 7 Ayes - 0 Nayes. Planning Commission Minutes November 14, 1977 Chairman Sfoffel opened the Public Hearing at 7:40 P.M. The Zoning Officer indicated that on file was the Notice of Public Hearing, Affidavit of Publication, and Certificate of Mailing. Thus, the Public Hearing was properly called. The Zoning Officer explained that the developer had sa~is£ied the Staff concerns discussed PUBLIC HEARING - WHISPERING OAKS PHASE II - SITE PLAN REVIEW MID CO1NTINE1NT DEVEL- OPERS at the last Planning Commission meeting and that the developer had provided the City a copy of an easement agreement with the adjacent property owners a~d the Townhouse Association. He explained that the Staff recommendation was to approve the preliminary plat with the condition that the developer file all easements with the final plat. The Zoning Officer indicated that the Staff had reviewed the site plan and found it to be in compliance with City regulations. The Staff recommendation was to approve the site plan with the condition that the developer provide access to V~rhispering Lane at the point where the private drive has a temporary turn-around when W~hispering Lane is developed. Mrs. Eleanor Liska, President of the Townhouse Association, informed the Planning Commission that because of a technicality regarding the Association's voting requirements, her signature on the easement agreement may not be valid. 3ohn McDonald, a representative of the developer, explained that any question as to the validity of the easement agreement could be cleared up before the final plat was recorded. There was considerable discussion about past drainage problems in Phase I of the project and who should pay for damages in the event that similar problems arise in the future. Moved by Commissioner Murry, seconded by Commissioner Terrell to table the approval until the developer reaches an agreement with the City to pay for future damages resulting from water runoff. Murry, Terrell, Gergen - Aye - Groth, I~ramer, Stoffel, Wendler and Fischer - Nay. Motion failed. Commissi~er Fischer asked the Zoning Officer why the drainage for Phase I of the project was being discussed since Phase Ihas already been approved and that the preliminary plat and site plan for Phase II was what was under review at this time. The Zoning Officer explained that the drainage for Phase I was being discussed in the review for Phase II because that drainage had an affect on Phase II drainage. He explained that the developer had made provisions for improving Phase I drainage and that the Staff felt the drainage plan for Phase II was acceptable. Some townhouse residents expressed concern over all residents of the townhouses having to pay for future assessments. Planning Commission Minutes -3- November 14, 1977 After all persons were afforded an opportunity to be heard on the matter, Chairman Stoffel closed the Public Hearing at 8:30 P. M. Moved by Commissioner Fischer, seconded by Commissioner Wendler to approve the preliminary plat and site plan subject to legal clarification on the easement agreements and the developer providing the City with evidence of an agreement to provide a street access at the temporary turn-around point when Whispering Lane is developed. 7 Ayes - Murry, Nay. Moved by Commissioner Fischer, seconded by Commissioner Wendler to suggest that the Council investigate assessment procedures in the townhouse area and determine if they should be changed. 7 Ayes - Gergen, Nay. Cornn~issioner Groth gave the Committee report which recommended approving the request. The Planning Commission discussed possible danger to have children playing near Pine Street which has pretty hearst traffic. Moved by Commissioner Groth, .seconded by Commissioner Wendler to approve the Home Occupa- tion Permit. ? Ayes - Gergen, Nay. Chairman Stoffel referred the Preliminary Plat for Country Club 4th Addition to the Wendler Committee for further study regarding the width of the street right- of-way and the issue of a public path in the drainage and utility easement. COMMITTEE REPORT- HOME OCCUPATION PERMIT - DAY CARE CENTER - 910 W. 9TH MR. & MRS. JAMES PETERS PRELIMINARY PLAT - COUNTRY CLUB 4TH ADD. The Zoning Officer explained that Mr. Conzemius wants to rezone, plat, and obtain a special use permit for the purpose of constructing a duplex on his property. He also explained that since Mr. Conzemius is obtaining some land from the Sisters of Charity, both parcels are REZONING- PRELIMI- NARY PLAT - SPECIAL USE PERMIT -PROPOSED VALLEY WEST ADDITION- WEST SIDE OF FARM ST. being platted together. He indicated that the Staff felt BETWEEN 1ST ST. AND the proposals meet all required criteria except that sewer ZND ST. -ALOIS CONZE- and water locations should be shown on the preliminary MIUS plat. Moved by Commissioner Wendler, seconded by Commissioner Fischer to schedule a Public Hearing on the requests for the November 28th Planning Commission meeting. 8 Ayes - 0 Nayes. The Zoning Officer explained that the Archdiocese had received a variance in 1976 to build an elderly housing project of 109 units where the zoning requirements had allowed only a total of 108 units. A subsequent survey had revealed a reduction in the total lot area equal to 1897.6 square feet - which meant that only 107 units would have been the maximum allowed by the zoning ordinance. VARIA1NC E - DENSITY REQUIREMENTS -ARCH- DIOCESE OF ST. PAUL & MPLS. - ELDERLY HOUSING PROJECT - 1199 BAHLS DRIVE Planning Commission Minutes -4- November 14, 1977 The Zoning Officer indicated that no other zoning requirements were affected, and that the Staff ftc- commended approving a new variance. Moved by Commissioner Fischer, seconded by Com- missioner Murry to approve the variance. 8 A}res 0 Nayes The Zoning Officer explained that the owners of the Westview Shopping Center were proposing to provide an outside waste storage area for a grocery store in the shopping center rather than an inside storage area as required by the development agreement. The reason an outside waste storage area was being asked for was that the room originally planned for that use had been taken up with an incinerator. The Zoning Officer in- dicated that any change in the development agreement would have to be approved by the Planning Commis- sion and that another item in the development agreement, namely the screening of rooftop machinery, had not been complied with. Chairman Stoffel referred the matter to the Fischer Committee. The Zoning Officer suggested that the Fischer com- mittee look into amending the zoning ordinance to allow accessory buildings in side yards, establish regulations for signs in the C-5 district, and re- strictions for signs advertising future businesses on construction sites. Moved by Commissioner Wendler, seconded by Commissioner Murry to adjourn at 9:25 P. M. 8 Ayes-0 Nayes RENEGOTIATION OF DEVELOPMENT AGREE- MENT FOR WESTVIEW SHOPPING CENTER PROPOSED AMENDMENTS TO THE ZONING ORDINANCE ADJOURNMEiNT PB:jj