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Home My WebLink AboutCity Council Packet 07-11-1988 SpecialCITY OF PLYMOUTH A G E N D A SPECIAL COUNCIL MEETING JULY 11, 1988 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER 7:30 P.M. 2. INVOCATION 3. ROLL CALL 4. CONSENT AGENDA 5. MINUTES - Approval of Minutes of the Regular Council meeting of dune 27, 1988 6. PETITIONS, REQUESTS AND COMMUNICATIONS A. Hans Hagen Homes. Rezoning, Planned Unit Development Preliminary Plan/Plat, and Conditional Use Permit for Harbor Place located at Harbor Lane and County Road 15 (87124) B. Patrick Goff, Goff Homes. Site Plan and Conditional Use Permit and Subdivision Code variance at 45th Avenue and Fernbrook Lane (88019) C. Stan Tikkanen, Wayzata School District 284. Preliminary Plat, Site Plan, and Conditional Use Permit for the Plymouth Creek Elementary at Vicksburg Lane and 41st Avenue North (88035) D. Stuart Erickson. Conditional Use Permit to operate a SUBWAY Sandwich and Salad Shop in the Oakwood Square Shopping Center at Highways 101 and 6 (88055) E. Wally Anderson, ARADCO, Inc. Planned Unit Development Concept Plan and Comprehensive Plan Amendments to the Sanitary Sewer and Staged Growth Elements for single family and multi -family residential. development on property east of and parallel to Fernbrook Lane from 41st Avenue North to 45th Avenue North (88015) 8 F. Graham Development Company. Planned Unit Development Concept Plan for "Bass Lake Hills" for a mix of housing on property southeast of I-494 and County Road 47 (88060) G. Ryan Construction Company. Lot Consolidation/ Division for Ostbye & Anderson at 51st Avenue North and Nathan Lane (88073) H. Amoco Oil Company. Conditional Use Site Plan Amendment and Variance to add 4 1/2 ft. to the canopy at County Road 9 and Vinewood Lane (88074) I. Finding of No Need for an Environmental Impact Statement, Harrison Hills Ponds proposed by Hew -Lyn, Inc./FAC Corporation, located south of County Road 10, east and west of Trenton Lane 87109) O. Resolution authorizing driveway easement across Outlot A, Medicine Lake Shore Addition K. Resolution authorizing correction to Final Plat of Groves Office Park Addition L. Resolution authorizing No Parking on west side of Harbor Lane, north of 38th Avenue M. Receive petition, order report, receive report, and order street lighting improvements for Cates Plymouth Creekside Estates Addition N. Amendment to Alarm Ordinance 0. Amendment to ordinance pertaining to police reserves and community service officers directing traffic P. Development Contract Bond Reduction for Quail Ridge of Plymouth 3rd Addition (87133) Q. Application of Plymouth Chapter of Ducks Unlimited for lawful gambling exemption for a raffle on September 14 7. RP R. Jerome Begin. Appeal of a Board of Zoning Adjustments and Appeals ruling denying variances to the minimum setback requirements of the Zoning Ordinance on property at 5590 Juneau Lane 01-01-88) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS ADJOURNMENT M I N U T E S SPECIAL COUNCIL MEETING JUNE 27, 1988 A special meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Boulevard on June 27, 1988. PRESENT: Mayor Schneider, Councilmembers Ricker, Sisk, Zitur, and Vasiliou, Assistant City Manager Boyles, Planning Director Tremere, Public Works Director Moore, City Attorney Thomson, and City Clerk Rauenhorst ABSENT: None CONSENT AGENDA Item 6A (Preliminary and Final Plat application by Ihor Panchenko) was withdrawn from the agenda at the request of the petitioner. Councilmember Vasiliou requested that Item 6E-1 be removed from the consent agenda. MOTION was made by Councilmember Sisk, seconded by Councilmember CONSENT AGENDA Zitur, to approve the consent agenda as amended. Item 4 Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Sisk, seconded by Councilmember MINUTES Zitur, to approve the minutes of the June 20 Regular Council Item *5 Meeting. Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-368 Zitur, to adopt RESOLUTION NO. 88-368 APPROVING PLANS AND PLANS AND SPECIFICA- SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1988 STREET TIONS, ADVERTISEMENT IMPROVEMENT PROGRAM, CITY PROJECT NO'S 5179 720, 813 AND 904. FOR BIDS 1988 STREET IMPROVEMENTS Motion carried on a Roll Call vote, five ayes. Item *6-B MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-369 Zitur, to adopt RESOLUTION NO. 88-369 DECLARING COST TO BE ORDERING PREPARATION ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, CITY OF ASSESSMENT PROJECT NO. 544, FERNBROOK LANE - NORTH OF COUNTY ROAD 9. PROJECT 544, FERNBROOK LANE Motion carried on a Roll Call vote, five ayes. Item *6-C-1 Special Council Meeting June 27, 1988 Page 172 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-370 Zitur, to adopt RESOLUTION NO. 88-370 DECLARING COST TO BE ORDERING PREPARATION ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, CITY OF ASSESSMENTS, PROJECT NO. 648, S.O. GROVES OFFICE PARK AREA - PHASE I. PROJECT 648, S.O. GROVES OFFICE PARK Motion carried on a Roll Call vote, five ayes. Item *6-C-2 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-371 Zitur, to adopt RESOLUTION NO. 88-371 REQUEST FOR PAYMENT NO. 9 REQUEST FOR PAYMENT AND FINAL, S.J. GROVES OFFICE PARK AREA PHASE I, PROJECT NO. AND FINAL, PROJECT 648 648. S.J. GROVES OFFICE PARK AREA Motion carried on a Roll Call vote, five ayes. Item 6-D In response to a question by Councilmember Vasiliou, Director Moore explained that the 1988 Seal Coat Program was modified by reducing the number of streets to be seal coated due to the Short -Elliot -Hendrickson report and pending street reconstruc- tion program under review. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-372 Zitur, to adopt RESOLUTION NO. 88-372 ACCEPTING BID FOR 1988 ACCEPTING BID FOR 1988 SEAL COAT PROGRAM. SEAL COAT Item *6-E-1 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-373 Zitur, to adopt RESOLUTION NO. 88-373 ACCEPTING BID FOR 1988 ACCEPTING BID FOR 1988 CURB REPAIR PROGRAM. CURB REPAIR Item *6-E-2 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-374 Zitur, to adopt RESOLUTION NO. 88-374 APPROVING OFF -SALE NON- RENEWAL OF OFF -SALE INTOXICATING LIQUOR LICENSES for the period 7-1-88 through NON -INTOXICATING 6-30-89. LIQUOR LICENSES Item *6-F Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-375 Zitur, to adopt RESOLUTIOIN N0. °8-375 APPROVING ON -SALE NON- RENEWAL OF ON -SALE INTOXICATING LIQUOR LICENSES for the period 7-1-88 through NON -INTOXICATING 6-30-89. LIQUOR LICENSES Item *6-F Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-376 Zitur, to adopt RESOLUTION NO. 88-376 APPROVING CONSUMPTION AND RENEWAL OF CONSUMPTION DISPLAY LIQUOR LICENSES for the period 7-1-88 through 6-30-89. AND DISPLAY LICENSES Item *6-G Motion carried on a Roll Call vote, five ayes. i Special Council Meeting June 27, 1988 Page 173 MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-377 DIRECTING RESPONSE TO HENNEPIN COUNTY REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT REHABILITATION PROGRAM. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-378 DECLARING NATURAL PRESERVES in the vicinity of 4225 Cottonwood Lane. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-377 DIRECTING RESPONSE TO HENNEPIN COUNTY REGARDING REHAB. GRANT PROGRAM Item *6-H RESOLUTION NO. 88-378 DECLARING NATURAL PRESERVE AREA Item *6-I MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-379 Zitur, to adopt RESOLUTION NO. 88-379 PROVIDING FOR THE ISSUANCE PROVIDING FOR ISSUANCE AND SALE OF $3,950,000 GENERAL OBLIGATION IMPROVEMENT BONDS, OF G.O. IMP. BONDS SERIES 1988A. Item *6-J Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-380 Zitur, to adopt RESOLUTION NO. 88-380 PROVIDING FOR THE ISSUANCE PROVIDING FOR ISSUANCE AND SALE OF $1,025,000 GENERAL OBLIGATION TAX INCREMENT BONDS, OF G.O. IMP. BONDS SERIES 1988A. Item *6-3 Motion carried on a Roll Call vote, five ayes. Assistant Manager Boyles reported on infrastructure replacement and related fiscal matters report as submitted by the Special Assessment Committee. The Special Assessment Committee discussed the Short -Elliot -Hendrickson report which projects that by the year 2008, the City will need to finance $32,000,000 of street repair and reconstruction. That sum is for streets currently constructed and does not contemplate the repair of streets yet to be constructed. The adoption of a comprehensive maintenance program is essential. Councilmember Ricker reported that the financing of reconstruction can be complicated. Not every street will require the same degree of reconstruction and/or repair over a given time. A major concern is the utilization of special assessments in financing a street reconstruction program. The Supreme Court has ruled that the local government bears the burden of proving that a specific parcel benefited by an increase in valuation at least equal to the amount of the assessment. Demonstrating such benefit can be difficult and costly. The Committee believes that the City's Infrastructure Replacement Reserve Fund should continue to be the backbone of the City's long-term financial commitment to infrastructure preservation, but it cannot be the only source of funding. Based on analysis including fiscal projections, the Committee concluded that the Council should adopt a policy to assess 30% of the annual program costs for street resurfacing and/or SPECIAL ASSESSMENT COMMITTEE REPORT Special Council Meeting June 27, 1988 Page 174 reconstruction to the benefiting properties, that the annual Infrastructure Replacement Reserve Fund levy be increased from one mill to 1.5 mills, and that internal sources of revenues within the various bond funds be utilized to alleviate the infrastructure reserve fund cash flow shortfall. Councilmember Ricker stated that the Committee recommends the Council adopt resolutions approving the Council's policy on financing street resurfacing and reconstruction as recommended in the report; creating a permanent improvement revolving (PIR) fund; proceeding with planning activity for a community center; and directing staff to begin preliminary studies on the space requirements for the Public Safety Department. He stated that the third and fourth items are currently in the five year Capital Improvements Plan. Councilmember Sisk noted that the proposed PIR fund would provide the City flexibility in determining how to fund needed projects. In the past, bonding was one of the few alternatives. Councilmember Zitur stated that the proposed actions related to a community center and public safety department are only for initiation of study, and it is yet to be determined whether these Nrujeets will go any Turther. MOTION was made by Councilmember Zitur, seconded by Council - member Sisk, to adopt the following resolutions: 1. RESOLUTION NO. 88-381 ESTABLISHING CITY COUNCIL POLICY ON FINANCING STREET RESURFACING AND RECONSTRUCTION; 2. RESOLUTION NO. 88-382 RELATING TO THE PERMANENT IMPROVEMENT REVOLVING FUND OF THE CITY: DESIGNATING THE USES THEREFORE: AND PROVIDING FOR ITS MAINTENANCE; 3. RESOLUTION NO. 88-383 DIRECTING THE CITY MANAGER TO INITIATE PLANNING FOR A PLYMOUTH COMMUNITY CENTER; and 4. RESOLUTION NO. 88-384 DIRECTING CITY MANAGER TO BEGIN PRELIMINARY STUDIES ON THE SPACE REQUIREMENTS FOR THE P1 VMMITu PUBLIC SAFETY DEPART;'"ENT. Councilmember Vasiliou stated support for the first two resolutions, but would not be supporting the resolutions for a Community Center or Public Safety Department. She stated that the original referendum for a community center was defeated by over 90%, and the Community Attitude Survey indicated that 25% strongly favor with 28% favoring somewhat. Councilmember Vasiliou stated that more resident input is needed prior to a decision, and she believed the proposed resolutions indicate more than a plan. RESOLUTION NO. 88-381 ESTABLISHING POLICY ON FINANCING STREET RECONSTRUCTION RESOLUTION NO. 88-382 ESTABLISHING PERMANENT IMPROVEMENT REVOLVING FUND RESOLUTION NO. 88-383 INITIATE PLANNING FOR COMMUNITY CENTER RESOLUTION NO. 88-384 INITIATE STUDY ON SPACE REQUIREMENTS FOR PUBLIC SAFETY DEPT. Item 7-A f Special Council Meeting June 27, 1988 Page 175 MOTION by Mayor Schneider, seconded by Councilmember Vasiliou, to vote individually on each of the four resolutions. Motion failed; Schneider and Vasiliou ayes; Sisk, Ricker, and Zitur nays. Original motion carried on a Roll Call vote; four ayes, Vasiliou nay. The Council discussed the philosophy of issuing housing revenue bonds and tax increment financing to assist in projects outside of the downtown Plymouth area or beyond the TIF districts already created. This discussion was held in reponse to the request of Arkell Development Corporation for tax increment financing and housing revenue bonds for proposed senior citizen housing. Assistant Manager Boyles suggested the Council review three Issues: 1) Does the Council wish to authorize tax increment financing for housing projects (other than the downtown site)? 2) Does the Council wish to authorize additional housing revenue bonds (for projects other than the downtown site)? 3) If either tax increment financing or housing revenue bonds are to be issued, should they be location specific, i.e. downtown Plymouth only, or community -wide? Councilmember Sisk stated the idea of using financing tools to assist in development of senior citizen housing serves a useful purpose as long as it is consistent with the City's overall guide plan and the rents are affordable for those seniors that really need housing assistance. Councilmember Sisk was supportive of being site specific and stated it would be difficult to support financing for a project outside of the Plymouth Downtown area. MOTION was made by Mayor Schneider, seconded by Councilmember Ricker, to establish that it is the sense of the Council that the use of tax increment financing or revenue bonds for housing Is not supported, with the exception of the city -owned site in Downtown Plymouth. Motion carried on a Roll Call vote, five ayes. USE OF HOUSING BONDS AND TAX INCREMENT FINANCING FOR SENIOR CITIZEN HOUSING Item 7-B In response to a question by Councilmember Vasiliou, Director PROSECT STATUS REPORT Moore reported that street sprinkling with the water truck is the current method for dust control, but is done only during heavy hauling and construction. Special Council Meeting June 27, 1988 Page 176 Councilmember Vasiliou reported that Historical Society representatives will be attending the July 18 FORUM. Councilmember Zitur reported on a Northwest Human Services CCR REPORTS Executive Committee meeting with the major item of discussion being homeless people in the suburbs. He requested that Assis- tant Manager Boyles contact the Northwest Human Services Executive Director regarding funding questions. Mayor Schneider reported that Bud Robb, Hennepin County Commissioner, has requested that a Plymouth representative work with the County to develop a recycling policy. Councilmember Sisk volunteered to work with the County on this issue. The Council discussed the problem of Waste Technology picking up all solid waste without separating recyclables or yard waste. The concern was that the City receives no credit for tonnages recycled in this way even though the County endorses this method of recycling as acceptable. Councilmember Vasiliou expressed concern that citizens are confused over what is the City's recycling plan and what is Waste Tech's plan. Staff is to report on this issue. MOTION' ., r, ou..niu$ imado by ciliimember Rick-er, seconded by Council - member Sisk, to direct staff to proceed with installation of a booster pump in a selected Imperial Hills residence for a reasonable test period to be determined by the Public Works Director to attempt to address the problem of low water pressure in certain residences. The test should incorporate considera- tion of various risk management concerns. Motion carried, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Ricker, to direct staff to include in the Capital Improvements Program analysis on the need of expediting planning and construction of future wells and/or reservoir tanks, parti- cularly at Highway 55 and 101; to include cost, potential financing, resulting piping problems, and the 400' of 16" watermain west from Vicksburg. Motion carried, five ayes. Director Moore reported that an Environmental Assessment Work- sheet is currently being completed for the extension of Schmidt Lake Road from Zachary Lane easterly for approximately one-half mile to Saratoga Lane. The public review and comment period is open until June 29. At the conclusion of the comment period, the Council will determine whether a more detailed environmental impact assessment needs to be done. Based on past traffic counts and projections, the Schmidt Lake Road extension is needed to accommodate traffic caused by development in this part of the City. Major portions of Schmidt Lake Road have already been constructed. The ultimate roadway will be four -lane, 52' PROCEED WITH INSTAL- LATION OF PUMP IN SELFCTED RESIDENCE SCHMIDT LAKE ROAD EXTENSION Special Council Meeting June 27, 1988 Page 177 wide street, with no medians or lanes for turning movement between County Road 18 (T.H. 169) and T.H. 101 (County Road 101). Director Tremere clarified that this road has been contemplated by the Comprehensive Plan for many years. The City obtained right-of-way in anticipation of its construction; the plan was modified to show the present proposed alignment in 1979-80. The perception exists that two recent developments alone necessitate the extension of this street. These developments are at a geographical location requiring this part of the street, just as other sections of Schmidt Lake Road to the west were constructed at the time of other developments. Councilmember Vasiliou stated that certain residents, when hearing that the extension has been planned for many years, believe there is no use in attending the hearings. Director Moore stated that public input is one of the purposes of the Environmental Assessment, and one of the possible alternates is the "No Build Alternate". Councilmember Vasiliou requested that any budget information be shared with all councilmembers as it becomes available. The meeting was adjourned at 9:00 p.m. Clerk CITY OF PLYMOUTH 1"4 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 5, 1988 for City Council Meeting July 11, 1988 r TO: James G. Willis, City nager 't FROM: Charles E. Dill Community Development Coordinator through Blair Tremere, Communi evelopment Director SUBJECT HANS HAGEN HOMES. RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/ PLAT, CONDITIONAL USE PERMIT FOR "HARBOR PLACE" (87124) ACTION REQUESTED: Approval of the attached Resolution providing for the adoption of the RPUD Preliminary Plan/Plat and Conditional Use Permit for this proposal to create 36 single family detached lots on a parcel of approximately 15.18 acres in the northwest quadrant of Interstate 494 and Gleason Lake Road. BACKGROUND: On March 7, 1988, the City Council adopted two Resolutions concerning the subject property. Resolution No. 88-156, approved an Amendment to the Land Use Guide Plan, reguiding this site from LA -1 to LA -2, subject to certain actions being completed to December 31, 1988. Resolution No. 88-157, approved an RPUD Concept Plan for this site, virtually identical to the Preliminary Plan/Plat that is now presented. At its meeting on June 22, the Planning Commission unanimously adopted a Motion recom- mending approval of this Preliminary Plan/Plat. ISSUES AND ANALYSIS: The majority of Planning Commission discussion concerned the petitioner's proposal for front and side yard setbacks and lot coverage. The resulting recommendation calls for a front yard setback of 30 ft. for those lots that front the Glacier Lane cul-de-sac, and front yard setbacks of 35 ft. for the balance of the plat. The recommendation is for side yard setbacks of 5 ft. with a minimum of 15 ft. between dwellings. This is a departure from the Council's practice of allowing a reduced side yard setback to a minimum of 10 ft. on each site, for Planned Unit Developments with single family detached homes (the Ordinance standard is 15 ft.). Staff did not endorse the proposal, nor do we now. Administration of a minimum setback standard that does not relate only to the property line, has been, and will be problematical, unless extraordinary legal steps are taken by the developer, up front, to covenant these standards on each parcel. We have added language that should address that. Page two Memorandum to the City Manager City Council Meeting duly 11, 1988 July 5, 1988 The Planning Commission left intact, the staff recommended condition with regard to lot coverage. This language is consistent with similar lot coverage approved by the City Council. RECOMMENDATION AND CONCLUSIONS: We recommend approval of the attached Resolution providing for the approval of the RPUD Preliminary Plan/Plat and Conditional Use Permit, subject to the conditions recommended by the Planning Commission; and, in the case of Item No. 10, by staff. Attanhmcntc 1. Approving Resolution 2. dune 22, 1988 Planning Commission Minutes Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the_ day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88- INARY APPROVINGRESIDENTIAL AND CONDITIONAL L USE DUNIT PERMIT FOR DEVELOPMENT/CONCEPT HOMES FOR PLAN M PLAN/ PLAHARBOR PLACE 87124) WHEREAS, Hans Hagen Homes has requested approval for a Residential Planned Unit Development, Concept Plan, Preliminary Plan/Plat and Conditional Use Permit for Harbor Place for 36 single family lots on 15.18 acres located east of Harbor Lane at 4th Avenue North. WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF Residential PLYMOUTH, MINNESOTA, that it should and hereby does approve Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit forHansHagenHomesforHarborPlacelocatedeastofHarborLaneat4thAvenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with filing of the Final Plat. 8. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. Page 138 Planning Commission Minutes June 22, 1988 Chairman Pauba introduced Mr. Hans Hagen, 2353 No. Rice Street, St. Paul, MN and Mr. Sherm Goldberg, 12115 48th Avenue North. Mr. Hans Hagen commented on some of staff's concerns. With regard to the buffering, Mr. Hagen stated that he feels the existing natural buffering is sufficient, and did not see a need to cut down the trees, erect a fence when a buffer already exists. Mr. Hagen addressed the need to delineate those yards that abut the open space area. Mr. Hagen did not feel a need for this, and added that they have other developments similar to this project and the open space area has never been a problem before. Commissioner Plufka inquired if there were any covenants prohibiting a homeowner from erecting a fence if he so chooses. Mr. Hagen advised that there were none, and the homeowner had the right to erect a fence. Mr. Hagen stated that the request for setbacks was a iiia jOr i ssue and the development h i rages on the setbacks. Mr. Hagen stated that the varied setbacks allowed for a more interesting street appearance for the homes. He added that the front yard setbacks were critical for two reasons: 1) the narrowness of Glacier Lane and, 2) to vary appearance. He stated that the side yard setbacks are far more critical. The request for the 5 ft. side yard setback with a minimum of 15 ft. between the houses was needed to make the project work. Mr. Hagen stated that some of the houses exceeded the 20% lot coverage. Commissioner Plufka indicated advised Mr. Hagen that only ground coverage is considered, not the total square footage of the house. Mr. Hagen requested that compliance with the Engineer's Report be removed from the Resolution conditions. He stated that they were unable to comply with all of the listed conditions. Chairman Pauba advised Mr. Hagen that the Commissioners could not alter the Engineer's Report and that this item should be taken up with the City Council or staff. Commissioner Plufka added that this item is a "boiler plate" and the City Council is aware that the Planning Commission does not get involved in this area. Commissioner Marofsky inquired if Mr. Hagen was asking for variances for the lots on Harbor Lane. Page 139 Planning Commission Minutes June 22, 1988 Mr. Hagen advised him that they were not, only for the 12 lots that are 60 ft. in width, plus the lots with extra wide easements would be included. Chairman Pauba opened the Public Hearing. Max Wilhelm, 508 Kingsview Lane inquired what effect this development would have on the intersection of Harbor Lane and Gleason Lake Drive, adding that this is a very bad intersection. He also wanted to know if Kingsview Lane would remain a dead end street. Engineer Harrison advised Mr. Wilhelm that at this time there were no plans for a traffic signal at this location. Engineer Harrison added that Fernbrook Lane or 4th Avenue to County Road 6 is the only planned connection, and that is a long ways off. Commissioner Stulberg added that the current Thoroughfare Guide Plan does call for this, however, it could be changed. Skip Rosen, 425 Harbor Lane was concerned about the drainage and where the water would go. Sherm Goldberg advised that there will be storm sewer on Glacier Lane and 4th Avenue North that will pick up the drainage. Mr. Rosen asked if the houses on Harbor Lane would be greater than the 35 ft. setback. Chairman Pauba advised Mr. Rosen that 35 ft. is the standard setback for single family lots in the R-2 Zone. Mr. Rosen also expressed concern for the added traffic on Harbor Lane, and inquired about the proposed change in Harbor Lane with the road no longer being straight, but now having a bend. Coordinator Dillerud advised Mr. Rosen that Harbor Lane would now square off with a stop sign. Mr. Rosen stated that he agreed with Mr. Wilhelm that there should be an exit from the rear of the development. He also did not understand the rezoning. Commissioner Marofsky explained the guiding and that there now was a need to match the zoning with the guiding. Thelma Shepperd, 415 Harbor Lane, inquired about water drainage, the easement on her property and Page 140 Planning Commission Minutes June 22, 1988 what would happen to all of the trees. Ms. Shepperd stated that there was a legal description published in the Plymouth Post that was the legal for her lot. She wanted to know if they were going to be grading on her property and added that a surveyor for the City had been out on her property. Sherm Goldberg advised Ms. Shepperd that the drainage would run north to the cul-de-sac, and down Glacier Lane. Ms. Shepperd also expressed her concern for the added traffic on Harbor Lane. Mike Monson, 305 Harbor lane inquired if Harbor Lane would be widened and how the curb and gutter would be assessed. Mr. Monson stated that he felt that the developer should pay for it, as it is the developer who is creating the need for the change in the road. Engineer Harrison advised Mr. Monson that a developer is only required to put in storm sewer and utilities for his lots which abut the roadway. Mr. Monson inquired if a traffic study had been completed . Engineer Harrison advised that one had not been done. Sherm Goldberg mentioned that a traffic study had been done approximately three years ago. Engineer Harrison stated that if they decided to upgrade Harbor Lane and felt that the impact might be greater, a traffic study may be done at that time. Mr. Monson stated that the developer should pay for a traffic study that would prove whether the improvements to Harbor Lane were the sole result of this project. Chairman Pauba closed the Public Hearing. MOTION by Commissioner Marofsky, seconded by Commissioner Wire to approve the Preliminary Plat/Plan Planned Unit Development and Conditional Use Permit subject to the conditions listed in the June 15, 1988 Staff Report, changing the lot numbering of Conditions #12 and #14 to coincide MOTION TO APPROVE Page 141 Planning Commission Minutes June 22, 1988 with the numbering on the proposed preliminary plat/plan; delete Condition 13 and adding a new Condition 13 stating that the developer shall provide, with the final plat, Association Documents for the preservation and maintenance of open space. Commissioner Marofsky added that he wanted to address the variances on a lot -to -lot basis. Not all of the lots would need a variance and he did not want to set a precedent. MOTION by Commissioner Plufka, seconded by Commissioner Wire to amend Condition #10 to read a minimum 30 ft. front yard setback on Glacier Lane and 35 ft. on the balance of the project, with side yard setback of 5 ft. with minimum of 15 ft. between dwellings. Commissioner Tierney inquired if by doing this they would be modifying the Planned Unit Development. Commissioner Plufka stated that there are Planned Unit Developments with setbacks of 6 ft. like the Zipper Z". Commissioner Marofsky inquired if the front yard setback would include the four cul-de-sac lots on Glacier Lane. Commissioner Plufka advised that it would. Roll Call Vote. 5 ayes. Commissioners Wire and Marofsky nay. MOTION carried. MOTION by Commissioner Plufka, seconded by Commissioner Stulberg to further amend by deleting 12 regarding screening/buffering from County Road 15, since the petitioner made it clear that the existing buffering was sufficient. Commissioner Marofsky stated that if #12 was deleted, the petitioner could tear down the existing screening and leave no screening at all. Commissioner Plufka stated that the developer will not disturb the natural vegetation which is sufficient for a buffering. Roll Call Vote on the Amendment. 4 ayes. Commissioners Wire, Marofsky and Pauba nay. MOTION carried. MOTION TO AMEND VOTE - MOTION CARRIED MOTION TO FURTHER AMEND VOTE - MOTION CARRIED Page 142 Planning Commission Minutes June 22, 1988 Roll Call Vote on the Main Motion as Amended. 7 VOTE - MOTION CARRIED Ayes. MOTION CARRIED. Commissioner Stulberg asked that Coordinator Dillerud check on the legal description as noted in the Post newspaper to see what affects it has on Ms. Shepperd's land, and to talk with her before this item goes to City Council. Coordinator Dillerud advised that he would do so. Chairman Pauba introduced the request by Robert ROBERT WACHTER, DIMENSION Wachter, imension Development for "Parkview DEV.,RESIDENTIAL PLANNED Ridge". Co dinator Dillerud provided an overview UNIT DEVELOPMENT, 1988 Staff Report. of the June PRELIMINARY PLAN/PLAT, REZONING & CONDITIONAL USE PERMIT (88018) Commissioner Maro\kyinquired if the setbacks were addressed at e. Coordinator Dillerud advised that thebe addressed at this time. He further hat the 25 ft. setbacks were for the lots k up %o tale low land. Coordinator Dillerud advise that the reduction of the front yard setbacks wasthat the lots would be buildable. Chairman Pauba introduced Mr. R ert Wachter, Wachter Development and the Mr. Gr Frank, of McCombs Frank and Roos, the representa 've for the petitioner. Mr. Frank addressed the following reasons for the need for the variances: 1 the low areas of the site and the need to conte ue the existing street elevation, 2) for preserva 'on of the wooded areas. Mr. Frank stated that the did not intend to exceed the 20% ground coverage. r. Frank addressed Item 24E of the Engineer's M o stating there could be compliance if the Coun will allow the trail easement within the roa right-of-way. Commissioner Marofsky inquired about condition #15 with regard to open space. Mr. Frank pointed out the private trail system stating that this is a walking neighborhood" and there were several tot lots. Chairman Pauba opened the Public Hearing. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 DATE: July 1, 1988 for City Council Meeting July 11, 1988 TO: James G. Willis, Cit Manager FROM: Charles E. Dill Community Development Coordinator through Blair SUBJECT Tremere, Commun' evelopment Director PATRICK GOFF, GOFF HOMES, INC. SITE PLAN AND CONDITIONAL USE PERMIT FOR FERNBROOK MANOR" (88019) ACTION REQUESTED: Approve the attached Resolution for the Site Plan and Condit- ional Use Permit allowing the construction of seventeen 6 -unit buildings with a total of 102 units on property east of 45th Avenue North and Fernbrook Lane. BACKGROUND: The City Council previously directed the petitioner to return to the Planning Commis- sion for redesign of the proposed project. On June 22, 1988, the Planning Commission considered a revised Site Plan for the project and adopted action recommending approval of the new design, unanimously. PRIMARY ANALYSIS AND ISSUES: The petitioner's current plan for the project presents two design features that vary significantly from the plan that the City Council last addressed: 1. Proposed structures have been adjusted easterly on the site. The most significant impact is the movement of the two southwesterly structures, 120 ft. easterly. To accommodate this readjustment, the cul-de-sac is now 140 ft. longer than previously shown. Therefore, this length now requires a vari- ance from the design standards of the Subdivision Ordinance. 2. The private open space for the project has been reduced to be suffcient in size to support the density of the project only. The balance of the open space previously proposed has been incorporated into what would become the public park on the east side of the project site. Should the City Council concur with the Planning Commission recommendation for approval of this amended Site Plan and Conditional Use Permit, it will be necessary to amend the preliminary plat action previously taken by Resolution No. 88-96, to provide for a Variance to the Subdivision design standards to allow a cul-de-sac in excess of 500 ft. in length. Page two Memorandum to City Manager City Council Meeting July 11, 1989 July 5, 1988 RECOMMENDATIONS AND CONCLUSION: The attached Resolution provides for the approval of the Site Plan and Conditional Use Permit as recommended by the Planning Commission. The second Resolution provides amendment to Resolution No. 88-96 to provide for approval of a Variance to the Subdivision Design Standards for the previously approved Preliminary Plat that reflects the length of the cul-de-sac resulting from the amended Site Plan. Attachments 1. Approving Resolution 2. Resolution Amending Preliminary Plat 3. June 22, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR PATRICK GOFF, GOFF HOMES FOR "FERN - BROOK MANOR" (88019) WHEREAS, Patrick Goff has requested approval of a Site Plan and Conditional Use Permit for "Fernbrook Manor", consisting of 17 six-plex buildings with a total of 102 units to be located east of 45th Avenue North and Fernbrook Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Patrick Goff, Goff Homes for a Site Plan and Conditional Use Permit for "Fernbrook Manor", consisting of 17 six- plex buildings with a total of 102 units to be located east of 45th Avenue North and Fernbrook Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication with appropriate credits in an amount determined according to verified acreage and paving costs and according to the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 6. All waste and waste containers shall be stored within the enclosure, and no out- side storage is permitted. PLEASE SEE PAGE TWO Page two Resolution No. 88- 7. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 8. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 9. The Final Plat for the site shall reflect property line alterations dictated by approval of this Site Plan from those approved on the Preliminary Plat, per Resolution No. 88-96; and, the easement from the cul-de-sac to the public park as shown on the Preliminary Plat and Site Plan. 10. The developer shall comply with the Agreement made with the Kingsview Heights Homeowners Association per the letter dated March 16, 1988. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. J l CITY OF PLYMOUTH Pursuant to due call and notice thereof, a _ City of Plymouth, Minnesota, was held on the following members were present: The following members were absent: meeting of the City Council of the day of , 19 The introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - AMENDING RESOLUTION NO. 88-96 APPROVING THE PRELIMINARY PLAT FOR PATRICK GOFF, GOFF HOMES FOR "FERNBROOK MANOR" (88019) WHEREAS, on February 8, 1988, the City Council, by Resolution No. 88-96, approved the Preliminary Plat for Patrick Goff, Goff Homes, for "Fernbrook Manor; and, WHEREAS, the Planning Commission has recommended approval for a Site Plan and Conditional Use Permit that is based on revised plans that include a cul-de-sac that is in excess of 500 ft.; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does amend Resolution No. 88-96, approving the Preliminary Plat for Patrick Goff, Goff Homes, for "Fernbrook Manor", as approved at the City Council meeting on February 8, 1988, by granting a variance from the Subdivision regulations of the City of Plymouth, to allow the construction of a cul-de-sac in excess of 500 ft., based on the proposal being responsive to the findings required by Section 500.41 of the Plymouth City Code. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 154 Planning Commission Minutes June 22, 1988 Chairman Pauba introduced the request by Amoco Oil Station for the proposed canopy. The reading of the June 14, 1988 Staff Report was waived. Chairman Pauba introduced the peti ner's representative Mark Winson, 3025 Harbor. Y,ne. Commissioner Plufka inquired what ha ns to the right-of-way. Coordinator Dillerud vised that it is given back to the property own sand this is a long process through the State Chairman Pauba opened the P is Hearing. There was no one present to spea on this item and the Public Hearing was closed MOTION by Commissio r Plufka, seconded by Commissioner Wire f approval of the site plan amendment, Conditional Use Permit Amendment and Variances, subject to the 2 conditions listed in the June 14, 1988 Staff Report. AMOCO OIL COMPANY, SITE PLAN & CONDITIONAL USE PERMIT AMENDMENT WITH VARIANCE FOR PROPOSED CANOPY (88074) MOTION TO APPROVE NEW BUSINESS: NONE and OLD BUSINESS: PATRICK GOFF, GOFF HOMES. E PERMIT & Chairman Pauba introduced the request by Patrick Goff, Goff Homes. The reading of the June 15, 1988 Staff Report was waived. Chairman Pauba introduced the petitioner's representative, Bruce Hilger, 2106 No. St. Paul. Mr. Hilger indicated they with they would have known the cul-de-sac could have been 640 ft. rather than the 500 ft.. Chairman Pauba opened the Public Hearing. Randy Nord, 4420 Harbor Lane, reiterated the conditions that were set prior and that they had reached an agreement with Goff Homes. Mr. Hilger stated that they were still in agreement. Commissioner Marofsky inquired about the easement from the end of the cul-de-sac to the park. Mr. Hilger indicated that no direction has been indicated as of yet. CONDITIONAL US SITE PLAN (88019) 0 0 Page 155 Planning Commission Minutes June 22, 1988 Commissioner Tierney inquired if the units were within the limits of the staged development. Mr. Hilger indicated they were at the limit. MOTION by Commissioner Wire, seconded by Commissioner Stulberg to approve the Site Plan & Conditional Use Permit subject to the 9 conditions listed in the June 15, 1988 Staff Report. MOTION by Commissioner Marofsky, seconded by Commissioner Tierney to amend the Main Motion with Condition #10 requiring the developer to comply with the agreement made with the Kingsview Homeowners Association and the easement from the cul-de-sac to the park. Roll Call Vote on Motion to Amend. 7 Ayes. Motion Carried. MOTION TO APPROVE MOTION TO AMEND MAIN MOTION VOTE - MOTION CARRIED Roll Call Vote on Main Motion as once Amended. 7 VOTE ON MAIN MOTION AS Ayes. MOTION carried. ONCE AMEND - MOTION CARRIED Chairman Pauba introduced the request by Wally WALLY ANDERSON, ARADCO, Anderson, ARAD 0 for "Emerald Green". The reading PLANNED UNIT DEV. CONCEPT of the June 17, 88 Staff Report was waived. PLAN & COMPREHENSIVE PLAN AMENDMENTS (88015) Chairman Pauba intro d the petitioner's representative, Mr. Greg Fr Mr. Frank advised that the Northwestern Bell pro was not being included. Mr. Frank discussed a drainage, sanitary sewer and storm sewer pipe. MOTION by Commissioner Plufka, seconde by MOTION TO APPROVE Chairman Pauba for approval of the Comprehensi Plan Amendments subject to the 3 conditions listed in the June 17, 1988 Staff Report and approval of RPUD Concept Plan subject to the 9 conditions listed in the June 17, 1988 Staff Report. Roll Call Vote. 7 Ayes. Motion Carried. VOTE - MOTION CARRIED Commissioner Wire inquired about Berkshire Lane, stating the sharper corners will not stop the flow of traffic. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota, was held on the 8th day of February , 1988. The following members were present: Mayor Schneider ,-T—ouncilmembers Vasiliou, Ricker, Zitur and Sisk he following members were absent: None Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION NO. 88-96 APPROVING PRELIMINARY PLAT FOR PAT GOFF, GOFF HOMES, FOR FERNBROOK MANOR (87128) WHEREAS, Pat Goff, Goff Homes has requested approval for Rezoning and Preliminary Plat for "Fernbrook Manor", a plat consisting of two lots, one for multi -family residential development of 17 six-plex buildings for a total 102 dwelling units; and, one for City park, on approximately 18.35 acres located east of 45th Avenue North and Fernbrook Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Preliminary Plat for Pat Goff, Goff Homes for "Fernbrook Manor" located east of 45th Avenue North, and Fernbrook Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication with appropriate credits in an amount determined according to verified acreage according to the Dedication Policy in effect at the time of filing the Final Plat with Hennepin County. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with filing of the Final Plat. 8. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. No yard setback variances are granted or implied. J Page two Resolution No. 88-96 10. Private drive access shall be limited to internal public roads and prohibited from Fernbrook Lane 11. Transitional screening and berming shall be provided along Fernbrook Lane 12. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions as approved by the City Attorney, shall be filed with the Final Plat. 13. The Landscaping Plan should include screening and berming on the north and south property lines to adequately screen this development from neighboring developments. 14. Buildings shall be designed so that the exteriors provide a transition from the higher density to the single family neighborhood by way of appearance. 0 The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Zitur , and upon vote being taken thereon, the followingvotedinfavorthereof: Mayor chneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. R CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 J DATE: July 1, 1988 for City Council Meeting July 11, 1988 9 --- TO: James G. Willis, City M nager FROM: Charles E. Dill r ommunity Development Coordinator through Blair Tremere, Communit lopment Director SUBJECT SCHOOL DISTRICT 284. PRELIMINARY PLAT, SITE PLAN, CONDITIONAL USE PERMIT FOR A SCHOOL IN A RESIDENCE DISTRICT, AND REZONING FOR THE PLYMOUTH CREEK ELEMENTARY SCHOOL AT THE SOUTHWEST CORNER OF VICKSBURG LANE AND COUNTY ROAD 9 (88035) ACTION REQUESTED: Approve the attached Resolution which provides for the pre- liminary plat, conditional use permit, and site plan; and, approval of the attached Ordinance which provides for the rezoning of the site from FRD future restricted development) District to R-2 (low density multiple residence) District, consistent with the Land Use Guide Plan. The rezoning requires a 4/5 vote. BACKGROUND: On June 22, 1988, the Planning Commission held the required Public Hearing on this pro- posal to redesign and increase the size of the parcel to accommodate the new Plymouth Creek Elementary School and eight single family lots of conventional R-2 size and design. This plat and plan would supercede the RPUD Plan referred to as "Willow Meadows" that was approved in 1980 for 72 townhouse dwelling units at this same general location. Unchanged from the 1980 approval is the General Development Plan proposal for the extreme northeast corner of the site to contain a church. The Planning Commission recommendation for approval, subject to several conditions, was unanimous. PRIMARY ANALYSIS AND ISSUES: The only public hearing participant was a representative of the church group proposing development of the northeast corner of the subject parcel. He indicated that the church still intended to construct on this site and that their plans were to be in to work with the City on a Site Plan in the near future. He also indicated that the church was pleased with the proposal that the School District had brought forward for the area and was in support of that proposal. The Planning Commission, in their discussion of the proposal, reviewed matters of trail corridors; off-street parking; and school bus maneuvering; and, student safety, with regard to the Plymouth Creek corridor. School District representatives and staff addressed the items in detail and any questions were resolved to the satisfaction of the Planning Commission. Page two Memorandum to City Manager City Council Meeting duly 11, 1988 July 1, 1988 RECONNENDATION AND CONCLUSIONS: Consistent with the Planning Commission action, we recommend adoption of the attached Resolution that provides for approval of the Preliminary Plat/General Development Plan, Conditional Use Permit for a school in a Residential District, and Site Plan for the elementary school. We also recommend adoption of the attached Ordinance for the rezoning of the site from FRD to R-2. The rezoning covers the original "Willow Meadows" site and the additional two acre parcel that has been included by the District in the southeast quadrant of the site. AttanhmPnt¢ 1. Draft Ordinance 2. Resolution setting Condition for Rezoning 3. Resolution Approving Preliminary Plat and Conditional Use Permit 4. Resolution Approving Site Plan and Conditional Use Permit 5. dune 22, 1988 Planning Commission Minutes r 0 CITY OF PLYMOUTH ORDINANCE NO. 88 - AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS AT THE SOUTHWEST CORNER OF VICKSBURG LANE AND COUNTY ROAD 9 AS R-2 (LOW DENSITY MULTIPLE RESIDENCE) DISTRICT Section 1. Amendment of Ordinance. Ordinance 80-9 of the City of Plymouth, Minnesota, adopted dune 15, 1980 as amended, is hereby amended by changing the classification on the City of Plymouth Zoning Map from FRD (future restricted development) District to R-2 (low density multiple residence) District with respect to the hereinafter described property: INSERT LEGAL) Section 2. General Development Plan. This Ordinance authorizes the development of said property only in accordance with the approved plat and site plan approvals for File 88035. Section 3. Effective Date. Final Plat. Adopted by the City Council ATTEST Laurie Rauenhorst, City Clerk cc: File 88035 This Ordinance shall take effect upon filing the day of 19 Virgil Schneider, Mayor CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19_ The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED AT THE SOUTHWEST CORNER OF VICKSBURG LANE AND COUNTY ROAD 9 (88035) WHEREAS, the City Council has approved an Ordinance rezoning certain land located at at the southwest corner of Vicksburg Lane and County Road 9 from FRD (future restricted development) District to R-2 (low density multiple residence) District in conjunction with approval of the Final Plat for School District No. 284 for the Plymouth Creek Elementary School; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for School District No. 284 to be filed with Hennepin County prior to the publication of said Ordinance. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. C CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the_ day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. APPROVING PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR ALTERATION OF THE FLOODWAY SECTION FOR WAYZATA SCHOOL DISTRICT #284 FOR WILLOW MEADOWS SECOND ADDITION (88035). WHEREAS, Wayzata School District has requested approval for a Preliminary Plat; Rezoning from FRD to R-2; and, Conditional Use Permit for alteration of the floodway section for Willow Meadows Second Addition for 8 single family lots , a church site and a school site on 27 acres located at the southwest quadrant of County Road 9 and Vicksburg Lane: and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Preliminary Plat; and, Conditional Use Permit for alteration of the floodway Section for Wayzata School District #284 for Willow Meadows Second Addition located at the southwest quadrant of County Road 9 and Vicksburg Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Provisions for a 30 ft. wide trail easement per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed pans as to construction of the trail per City standards. 5. Payment of park dedication fees -in -lieu of dedication for the single family lots in accordance with the Dedication Policy in effect at the time of filing the Final Plat with Hennepin County. Payment for the school site may be made with the Building Permit issuance. 6. Street names shall comply with the City Street Naming System. 7. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 8. Rezoning shall be finalized with filing of the Final Plat. Resolution No. Page 2 9. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 10. No yard setback variances are granted or implied. 11. Private drive access shall be limited to internal public road and restricted from Vicksburg Lane and County Road 9. 12. Resolutions #83-95 approving the Preliminary Plat/Plan and Conditional Use Permit for RPUD 83-1 is hereby rescinded. The motion for adoption of the foregoing Resolution was duly seconded by_ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the_ day of 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION NO. U APPROVING SITE PLAN AND A CONDITIONAL USE PERMIT FOR A SCHOOL IN AN R-2 ZONE 88035) WHEREAS, School District #284 has requested approval of a Site Plan and Conditional Use Permit for an elementary school to be located at the southeast corner of County Road 9 and Vicksburg Lane. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for School District #284 for a Site Plan and Conditional Use Permit for an elementary school to be located at the southeast corner of County Road 9 and Vicksburg Lane. 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication for the school site with appropriate credits in an amount determined according to verified acreage and paving cost and according to the Dedication Policy in effect at the time of Building Permit issuance. 3. Provisions for a 30 -ft. wide trail outlot per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed plans as to construction of the trail per City standards. 4. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 5. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 6. Any signage shall be in compliance with the Ordinance. 7. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. Resolution No. Page 2 8. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 9. All waste and waste containers shall be stored within the structure and no outside storage is permitted. 10. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 11. No Building Permit is to be issued until the Final Plat is filed and recorded with Hennepin County. 12. No Building Permit to be issued until related State/Federal Permits/Approvals with respect to work in Plymouth Creek wetland and flood plain have been obtained. The motion for adoption of the foregoing Resolution was duly seconded by_ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. I Page 143 Planning Commission Minutes June 22, 1988 There was no one here to speak on this item and Chairman Pauba closed the Public Hearing. MOTION by Commissioner Wire, seconded by Commissioner Zylla to recommend approval fo Residential Planned Unit Development, Prelimi y Plat/Plan and Conditional Use Permit subj to the Conditions in the June 15, 1988 Staf eport, modifying #10 to read "...not to excee .. Roll Call Vote. 6 Ayes. Commis sio Marofsky Nay MOTION carried. Commissioner Marofsky notyrthat he still had a problem with the open sp a area and did not feel that it was effective . e specifically noted that ththe "active" area f e single family detached lots was not appy fate. Chairman Pauba called for a recess at 9:19. The meeting resumed at 9:28. Chairman Pauba introduced the request by School District #284, for Plymouth Creek Elementary School". Coordinator Dillerud provided and overview of the June 17, 1988 Staff Report. Commissioner Marofsky had three questions: 1) How do you get from the school to the play field? 2) What would happen to the "church lot" if the church decides not to build? and, 3)Is there room for added parking for such functions as elections, PTA, etc...? Coordinator Dillerud advised that there was a culvert/bridge over the floodway of Plymouth Creek to get to the playground. He stated that the church use had not been addressed. With regard to the parking, he offered two suggestions. 1) Share parking with the church site 2) Add the flood plain area for additional parking. Commissioner Zylla inquired if 50 ft. right-of- way was consistent with conventional platting. Engineer Harrison advised that it was. MOTION TO APPROVE VOTE - MOTION CARRIED SCHOOL DISTRICT #284. PRELIMINARY PLAT, SITE PLAN, REZONING & CONDITIONAL USE PERMIT FOR PLYMOUTH CREEK ELEMENTARY (88035) Page 144 Planning Commission Minutes June 22, 1988 Commissioner Zylla inquired whether staff had looked at the turning radius for buses. Engineer Harrison advised that streets are designed for turn around, and there is a large opening in the parking lot to provide for a 180 degree turn. Commissioner Zylla also inquired about the trail system. Engineer Harrison advised that trails were not indicated except the east/west trail across the south portion of the site. Commissioner Marofsky inquired if the bike trail around the building was also fire lane. Coordinator Dillerud advised that this doubled as bike trail and a fire lane. T: I. 1, Chairman Pauba introduced Mr. StanIlk-kanen, the petitioners representative. Mr. Tikkanen stated that he had no comments to add, and that they were prepared to comply. Mr. Tikkanen stated that they have an agreement with the church to share parking lots. He added that the bus loading area could also be considered for additional parking. Mr. Tikkanen stated that there were no trails other than the bike trail/fire lane. Commissioner Marofsky inquired if another access to the play fields was explored. Mr. Tikkanen advised that they had considered a bridge over Plymouth Creek. Commissioner Plufka stated that the play fields were inconvenient to get to from the school building and he felt the children would go where they wanted. He advised that he would like to see something done to protect the children from the water, i.e. a fence similar to Sunset Hills School. Chairman Pauba opened the Public Hearing. John Francis, 3730 Cottonwood Lane, stated that he is the Building Chairman for the proposed church site. Mr. Francis indicated that he had no information to add and was only present to answer e Page 145 Planning Commission Minutes June 22, 1988 questions. He did state, however, that the church has every intention of building, and they are excited about having a school as a neighbor. Chairman Pauba closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner Wire to approve the Preliminary Plat, Site Plan and Conditional Use Permit subject to the 12 conditions as listed in the June 17, 1988 Staff Report. Roll Call Vote. 7 Ayes. MOTION carried. MOTION TO APPROVE VOTE - MOTION CARRIED Commissioner Stulberg emphasized the need to keep the children out of the water on the site. He suggested a fence be constructed. Chairman Pauba introduced the request by Vantage VANTAGE COMPANY. LAND USE Companies for "Highpointe Business Center". GUIDE PLANNED PLAN AMENDMENT UNIT DEVELOPMENT Coordinator Dillerud advised that Vantage Company FOR "HIGHPOINTE BUSINESS de fer this item CENTER" 88054) requested Commission Coordinator Di rud added that in checking with the City tt orn 's office, he advised the Commission to open th ublic Hearing tonight for those who came to speak this item. Chairman Pauba opened the PubTIv. Hearing. Marilyn Leverenz, 14005 Rockfor Road. Ms. Leverenz stated that she was concer about the traffic on County Road 9. She added at a boy had just been hit on County Road 9 & nbrook Lane the other day. Ms. Leverenz stated th the Public Safety issue was her main concern nd inquired what was going to be done. She add that the County stated that they would not be making any changes until they heard from the City of Plymouth. Engineer Harrison advised Ms. Leverenz that a traffic signal is scheduled for County Road 9 and Fernbrook Lane this summer. Commissioner Plufka advised Ms. Leverenz to speak to the City Council regarding her concerns for County Road 9 as soon as possible, and not to wait for the development to start. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 1, 1988 for City Council Meeting July 11, 1988 TO: James G. Willis, C' ager FROM: Charles E. Dille , C SUBJECT ommunity Development Coordinator through Blair Tremere, Communit evelopment Director STUART ERICKSON, CONDITIONAL USE PERMIT FOR SUBWAY SANDWICH (88055) ACTION REQUESTED: Approve the Resolution for a Conditional Use Permit to oper- ate a restaurant with carry -out service, specializing in Subway Sandwiches to be located in the Oakwood Square Shopping Center in the southeast quadrant of State Highway 101 and County Road 6. ffb [ 1. . 1 The Planning Commission reviewed the application at the Public Hearing held on June 22, 1988, and recommended approval by unanimous vote. PRIMARY ANALYSIS AND ISSUES: There has been a master sign plan submitted for the Oakwood Square Shopping Center that will be considered at the Planning Commission meeting on July 13, 1988. As of now, therefore, there is no approved sign plan for the Oakwood Square Shopping Center or for this proposed use. If approved, the occupancy for this use may be influenced by action taken by the City Council with regard to the landscape plan for this project. Specifi- cally, the Council at its June 20, 1988 meeting, adopted a Motion whereby landscaping plans must be complete by August 1, 1988, or no further occupancy permits will be issued for the Oakwood Square Shopping center. RECOMMENDATIONS AND CONCLUSIONS: The attached Resolution is to approve the Conditional Use Permit subject to the stand- ard conditions, including annual review; and, also conditions reflecting the current lack of an approved sign plan and the action taken by the City Council with regard to the landscaping at its June 20, 1988 meeting. Attachments 1. Resolution 2. June 22, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 88 - APPROVING A CONDITIONAL USE PERMIT FOR STUART ERICKSON TO OPERATE A CLASS II RESTAURANT AT THE OAKWOOD SHOPPING CENTER, 1400 HIGHWAY 101. (88055) WHEREAS, Stuart Erickson/Subway Sandwich, has requested a Conditional Use Permit to operate a Class II Restaurant at the Oakwood Shopping Center, located at 1400 Highway 101; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Stuart Erickson/Subway Sandwich, for a Conditional Use Permit to operate a Class II Restaurant at the Oakwood Shopping Center at 1400 Highway 101, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to Stuart Erickson/Subway Sandwich, as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. All waste and waste containers shall be stored within approved designated areas. 5. There shall be no outside display, sales, or storage of merchandise or related materials. 6. The permit shall be reviewed in one year to assure compliance with the conditions. 7. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to Permit issuance. f Resolution # Page 2 8. If an occupancy permit consistent with this approval action is not issued by August 1, 1988, and, if landscape plans for the Oakwood Square Shopping Center have not been completed by August 1, 1988, no occupancy permit for this use shall, after August 1, 1988, be issued until such time that the landscape plans have been fully executed. 9. No independent signage is hereby approved. All signage shall be responsive to the "Comprehensive Sign Plan" for the Oakwood Shopping Center. The motion for adoption of the foregoing Resolution was duly seconded by_ and upon vote being taken thereon, the following voted in favor thereof: following voted against or abstained the Resolution was declared duly passed and adopted. The Whereupon Page 146 Planning Commission Minutes June 22, 1988 Mr. David Peterson, 5240 Cottonwood Lane, tated that he had been a participant in the re iding, but has now withdrawn his cooperafiion and property. He stated that he was opposed to this plan. Motion by Commissioner Plufka, seconded by Commissioner Stulberg to defer this item. Roll Call Vote.7 Ayes. MOTION carried. A 60 day suspense date was added. Ms. Leverenz and Mr. Peterson will be renotified regarding the new consideration date for this proposal. Chairman Pauba introduced the request by Stuart Erickson, Subway Sandwich Shop. The reading of the June 17, 1988 Staff Report was waived. Chairman Pauba introduced the petitioner, Mr. Stuart Erickson, 6650 Vernon Avenue South, Edina, MN. Mr. Erickson stated that he had no additional comments. Chairman Pauba opened the Public Hearing. There was no one present to speak on this item and the Public Hearing was closed. MOTION by Commissioner Wire, seconded by Commissioner Stulberg to approve the Conditional Use Permit for Subway Sandwich Shop subject to the 9 conditions as listed in the June 17, 1988 Staff Report. MOTION TO DEFER VOTE - MOTION CARRIED STUART ERICKSON, SUBWAY SANDWICH, CONDITIONAL USE PERMIT (88055) MOTION TO APPROVE Roll Call Vote. 7 Ayes. MOTION CARRIED. VOTE Chairman Pauba introduced the request by Graham GRAHAM Developmen*44UM Corporation for "Bass Lake Hills". PLANNED Coordinator Dllerud provided an overview of the CONCEPT June 16, 1988 Staff Report. Chairman Pauba introduced Mike "Ga-i_r, 2021 East Hennepin Avenue, the petitioner's repres€ tative. Mr. Gair introduced Graham Development nd CSM Corporation representatives. Mr. Gair provided an overview of the project and described the overall plan. MOTION CARRIED DEV./CSM CORP. UNIT DEVELOPMENT PLAN (88060) CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: duly 1, 1988 for City Council Meeting duly 11, 1988 TO: dames G. Willis, C' Manager FROM: Charles E. it , Community Development Coordinator through Blair SUBJECT Tremere, Commu evelopment Director WALLY ANDERS , ARADCO, INC. RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN AND AN AMENDMENT TO THE PLYMOUTH COMPREHENSIVE PLAN ELEMENTS FOR SANI- TARY SEWER AND STAGED GROWTH FOR PROPERTY IN THE NORTHWEST QUADRANT OF I-494 AND COUNTY ROAD 9, EAST OF FERNBROOK LANE (88015) ACTION REQUESTED: Approve the attached Resolution which provides for adoption of the RPUD Concept Plan for this site consisting of 22 units, single family detached; 112 units single family attached; 152 units multi -family attached, on a site of 54.5 gross acres; and, a Resolution providing for an amendment to the Sanitary Sewer and Staged Growth Elements of the Comprehensive Plan to allow gravity service to a Sewer District not yet served by trunk sewer and urbanization to land that is within the "Post -1990" development area. A 4/5 vote is required for a Comprehensive Plan Amendment. BACKGROUND: On May 2, 1988, the City Council took action deferring consideration of both the Comprehenisve Plan amendments and the RPUD Concept Plan, directing re -design of the proposal and referring the proposal back to the Planning Commission for further consideration. On dune 22, 1988, the Planning Commission held another Public Informational Hearing and considered the revised plan proposed by ARADCO for the project site. The Planning Com- mission unanimously adopted action recommending approval of the Concept Plan as now proposed. The Planning Commission had recommended denial of the previous Concept Plan for this site, but had recommended approval of the changes to the Comprehensive Plan Elements that are proposed. PRIMARY ANALYSIS AND ISSUES: Aside from issues of design internally, these major issues were discussed at some length during prior City Planning Commission and City Council consideration of the concept plan: 1. The need to include, within the Concept Plan, a long narrow parcel of property running from County Road 9 along the east border of the prior concept plan. This parcel is referred to as the "Meyers Parcel" and consists of approxi- mately 5 acres total. Page two Memorandum to City Manager City Council Meeting July 11, 1988 July 1, 1988 The current concept plan includes that 5 acre parcel, wherein the prior concept plan did not include the parcel, but merely showed how the parcel could potentially develop. 2. The inclusion of the Northwestern Bell Telephone site within the previous concept plan was proposed by the petitioner so to qualify for one additional density bonus point for project size. By including the Meyer parcel as noted above, the petitioner now has over 50 acres without considering the Northwestern Bell Telephone site, therefore, the inclusion of that site is merely to address a contiguous land parcel for planning purposes. 3. An issue addressed by staff and the Planning Commission, since the previous concept plan, involves the need to maintain a reasonable travel continuity between County Road 9 and Fernbrook Lane via Berkshire Lane and 45th Avenue North extended east. This constitutes a minor collector corridor on the Thoroughfare Guide Plan. The Planning Commission has determined that the petitioner has responded to these concerns by his now proposed concept plan. RECOMMENDATION AND CONCLUSION: Two Resolutions are attached and recommended for adoption by the City Council. The first Resolution provides for approval of amendments to the Sanitary Sewer and Staged Growth Elements of the Comprehensive Plan to allow a portion of this site to develop even though it is located in a Sewer District that is not now served by trunk sanitary sewer and within the "Post -1990" Staged Growth Area. The second Resolution would approve the PUD Concept Plan consistent with the Planning Commission recommendation. Attachments 1. Approving Resolution to Amend the Comprehensive Guide Plan 2. Approving Resolution for RPUD Concept Plan 3. June 22, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a _ City of Plymouth, Minnesota, was held on the following members were present: The following members were absent: adoption: meeting of the City Council of the day of , 19 . The introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING COMPREHENSIVE PLAN AMENDMENTS FOR WALLY ANDERSON, ARADCO (88015) WHEREAS, Wally Anderson, ARADCO, has requested approval of an amendment to the Sanitary Sewer Plan and Staged Growth Plan Elements of the City's Comprehensive Plan for approximately 30 acres located east of 42nd Avenue North and Fernbrook Lane; and, WHEREAS, the Planning Commission has considered the request following a duly scheduled public hearing and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the amendment to the Sanitary Sewer Plan and to the Staged Growth Plan Elements of the City's Comprehensive Plan for approximately 30 acres located east of 42nd Avenue North and Fernbrook Lane, subject to the following conditions: 1. Approval of the Residential Planned Unit Development Concept Plan and related exhibits. 2. The amendment to the Sewer Element is to redirect flow from a portion of NC -11 to NW -8. 3. The amendment to the Staged Growth Element is to urbanize that land that can be served by gravity sewer via existing trunks. FURTHER, Approval of the Comprehensive Plan Amendment is contingent upon, and subject to the required review and response by the Metropolitan Council, and the Final Plat/Plan which shall be approved by the City Council prior to finalization of the Amendment. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR WALLY ANDERSON, ARADCO 88015) WHEREAS, Wally Anderson, ARADCO, has requested approval of a Residential Planned Unit Development Concept Plan for the development of 22 single family detached; 112 units of single family attached; and 152 units of multi -family attached dwelling units on approximately 54.5 acres located east of 42nd Avenue North and Fernbrook Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing and has recommended approval; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the Residential Planned Unit Development Concept Plan for Wally Anderson, ARADCO, for a development to be known as Emerald Green consisting of 22 single family detached; 112 units of single family attached; and 152 multi -family attached dwelling units on approximately 54.5 acres located east of 42nd Avenue North and Fernbrook Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. Maximum density shall be six units per acre for the land at or above the established high water elevation per the adopted City Storm Water Drainage Plan as verified by the City Engineer. Density bonus points are assigned as follows: a) +1 Project Size b) +1 Housing Mix 4. Draft restrictive covenants for the private open areas shall be submitted with preliminary plat/plan application. 5. A private trail system to be constructed within the project, providing residents of the PUD with internal access, shall be bituminous and constructed to City standards. It shall be completed prior to certification of occupancy of adjacent or nearest dwellings. PLEASE SEE PAGE TWO R Page two Resolution No. 88- 6. No private drive access shall be permitted to Fernbrook Lane and County Road 9; all private drives shall be provided by internal public streets. 7. Approval is contingent upon, and subject to the required review and response by the Metropolitan Council to the proposed Comprehensive Plan Amendments, and the Final Plan/Plat which shall be approved by the City Council prior to finalization of the Amendment. 8. Petitioner will submit cross through -sections with preliminary plan/plat. 9. Design of the street system shall provide a more direct connection from Berkshire Lane to 43rd Avenue North. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 155 Planning Commission Minutes June 22, 1988 Commissioner Tierney inquired if the units were within the limits of the staged development. Mr. Hilger indicated they were at the limit. MOTION by Commissioner Wire, Seco ed by Commissioner Stulberg to approve the S' a Plan & Conditional Use Permit subject to the conditions listed in the June 15, 1988 Staff Rep rt. MOTION by Commissioner Marofsk , seconded by Commissioner Tierney to amend th ain Motion with Condition #10 requiring the d eloper to comply with the agreement made th the Kingsview Homeowners Association and a easement from the cul-de-sac to the park. Roll Call Vote on Mot/n to Amend. 7 Ayes. Motion Carried. MOTION TO APPROVE MOTION TO AMEND MAIN MOTION VOTE - MOTION CARRIED Roll Call Vote on Main Motion as once Amended. 7 VOTE ON MAIN MOTION AS Ayes. MOTION carried. ONCE AMEND - MOTION CARRIED Chairman Pauba introduced the request by Wally Anderson, ARADCO for "Emerald Green". The reading of the June 17, 1988 Staff Report was waived. Chairman Pauba introduced the petitioner's representative, Mr. Greg Frank. Mr. Frank advised that the Northwestern Bell property was not being included. Mr. Frank discussed the drainage, sanitary sewer and storm sewer pipe. MOTION by Commissioner Plufka, seconded by Chairman Pauba for approval of the Comprehensive Plan Amendments subject to the 3 conditions listed in the June 17, 1988 Staff Report and approval of RPUD Concept Plan subject to the 9 conditions listed in the June 17, 1988 Staff Report. Roll Call Vote. 7 Ayes. Motion Carried. Commissioner Wire inquired about Berkshire Lane, stating the sharper corners will not stop the flow of traffic. WALLY ANDERSON, ARADCO, PLANNED UNIT DEV. CONCEPT PLAN & COMPREHENSIVE PLAN AMENDMENTS (88015) MOTION TO APPROVE VOTE - MOTION CARRIED F Page 156 Planning Commission Minutes June 22, 1988 Coordinator Dillerud advised they were trying to honor the minor collector status on the Thoroughfare Guide Plan with the staff recommendation to make the connection more direct. The meeting adjourned at 1:12 A.M. CITY OF PLYMOUTH _ 3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 1, 1988 for City Council Meeting July 11, 1988 TO: James G. Willis, City M aqer FROM: Charles E. 1 ommunity Development Coordinator through Blair Tremere, Commun evelopment Director SUBJECT GRAHAM DEVELOPMENT COMPANY. RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR "BASS LAKE HILLS" AT THE SOUTHEAST CORNER OF COUNTY ROAD 47 AND I-494 (88060) ACTION REQUESTED: Approve the attached Resolution providing for the adoption RPUD Concept Plan for 395 residential dwelling units on a parcel of approximately 75 acres. BACKGROUND: On June 22, 1988, the Planninq Commission held the required Public Informational Meet- inq and took action recommending approval of this Concept Plan proposal. The Public Hearing was well attended by residents of the neighborhood, and the Planning Commission heard substantial commentary from those residents with regard to concepts the peti- tioner is proposing for the site. Following the conclusion of the Public Informational meeting, the Planning Commission adopted a Motion recommending approval of the Concept Plan subject to the standard conditions for such an approval, and a condition directing the petitioner to address preservation of natural site amenities with his preliminary plat/plan submissions. The Planning Commission action was by a vote of 6 - 1. The dissenting Commissioner indi- cated during his comments prior to the vote that he was concerned with the size and suitability for active use of the open space areas that were conceptually proposed within the site. PRIMARY ANALYSIS AND ISSUES: The primary staff concern was with the proposal to provide single family detached hous- ing in an LA -3 guided area in the south one-third of the site. Where the housing types were not necessarily in question, the provision of an effective transition to the balance of the LA -3 guided land south of this site was. The Planning Commission con- curred with staff comments in this regard and included as Condition No. 8 of the approval recommendation, a provision whereby matters of transition are to be specifi- cally addressed by the petitioner at preliminary plan/plat submission. Page two Memorandum to City Manager City Council Meeting duly 11, 1985 July 1, 1988 Public Information meeting comments centered on the petitioner's proposal to introduced townhouse -type structures -- specifically, rental townhomes -- to this site. Most neighboring residents did not think that the attached style of housing, rental mode of residency, and high density, related to the existing developments in the area, and was appropriate regardless of the existance of the LA -3 guiding on the site. In addition, the public informational meeting participants addressed the perceived inability of the existing Thoroughfare System to handle traffic that would be generated by this project. They made particular note of the inadequacies of existing County Road 47 and County Road 10, as well as the probability that County Road 61 would not be completed to an intersection with some other thoroughfare south of the project consistent with the development of this project. The Commissioners pointed out to the participants that the Bass Lake Hills Concept Plan proposal was consistent with the Land Use Guide Plan for this area as had been in place for a number of years. The Commissioners also noted that the petitioner was responding to the Thoroughfare Guide Plan by the inclusion of the County Road 61 right-of-way and the adjustment to Pineview Lane. The Commissioners noted to members of the public that issues of dwelling unit cost and type of residency (ownership versus rental) is not addressed by City Ordinance, and therefore is inappropriate as a matter for the Planning_ Commission on which make a recommendation. Members of the Planning Commission noted, as had staff in its report, that the petitioner was proposing a concept plan that introduces a project density at the lower limits of what the Land Use Guide Plan would provide over the 75 acre site. The conditions attached to the Planning Commission recommendation for approval of the Concept Plan are those normally attached to such recommendations, together with the staff proposed and Planning Commission adopted recommendation with regard to addressing transition and detail; and, an additional recommended condition by the Planning Commis- sion that addresses the attention to the preservation of natural amenities at the pre- liminary plan/plat stage. RECOMMENDATION AND CONCLUSIONS: We recommend approval of the attached Resolution that provides for the adoption of the RPUD Concept Plan for the "Bass Lake Hills" project subject to conditions consistent with the Planning Commission recommended action. Attachments 1. Resolution 2. dune 22, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Council of the City of Plymouth, Minnesota, 19 The following members were present: The following members were absent: moved its adoption: meeting of the City was held on the_ day of , introduced the following Resolution and RESOLUTION NO. 88 - APPROVING A RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR GRAHAM DEVELOPMENT/CSM CORPORATION (88060) WHEREAS, Graham Development has requested approval for a Residential Planned Unit Development Concept Plan for the development of 310 townhome units and 85 single family lots on approximately 76 acres located at the southeast quadrant of County Road 47 and I-494; and, WHEREAS, The Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Residential Planned Unit Development Concept Plan for Graham Development/CSM Corporation for a development to be known as Bass Lake Hills consisting of 310 townhome units and 85 single family lots on approximately 76 acres located at the southeast quadrant of County Road 47 and I-494, subject tot he following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. Maximum density shall be 5.5 units per acre for the land at or above the established high water elevation per the adopted City Storm Water Drainage Plan as verified by the City Engineer. Density bonus points are assigned as follows: a) Project Scale - 2 points 4. Draft restrictive covenants for the private open areas shall be submitted with preliminary plat/plan application. 5. Petitioner will submit cross through -sections with preliminary plan/plat. 6. A private trail system to be constructed within the project providing residents of the Planned Unit Development with internal access. All private trails shall be constructed to City specifications. Resolution No. Page 2 7. No private drive access shall be permitted to County Road 61, County Road 47 or Pineview Lane; all private drives shall be provided by internal public streets. 8. The preliminary plat/plan submission shall include the details of the transition buffers" on the north, west and south property lines, and internal transition between structure types. 9. The petitioner shall with the Preliminary Plat/Plan provide attention to the preservation of natural amenities on site to the greatest extent, particularly in the areas of greatest densities. The motion for adoption of the foregoing Resolution was duly seconded by— and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. Page 146 Planning Commission Minutes June 22, 1988 Mr. David Peterson, 5240 Cottonwood Lane, stated that he had been a participant in the reguiding, on but has now He stated that he l wascopposedl property. to tan plan. Motion by Commissioner PIufka, seco ed by Commissioner Stulberg to defer this item Roll Call Vote. 7 Ayes. MOTION carrier! A 60 day suspense date was added Ms. Leverenz and Mr. Peterson will be ren0tif- d regarding the new consideration date for this oposal. Chairman Pauba introduced th request by reading art of Erickson, Subway Sandwich S p. the June 17, 1988 Staff Rep t was waived. Chairman Pauba introduc the petitioner, Mr. Stuart Erickson, 6650 V non Avenue South, Edina, MN. Mr. Erickson stat that he had no additiona-1, comments. Chairman Pauba open the Public Hearing. There was no one to speak on this item and the Public Heari/ esent was closed. MOTION by commissioner Wire, seconded by Commissioner Stulberg to approve the Conditional Use nditionsfor asSubway isted and t o the in the June 17, 1988 Staff 9 co Report. Roll Call Vote. 7 Ayes. MOTION CARRIED. Chairman Pauba introduced the request by Graham Development/CSM Corporation for "Bass Lake Hills". Coordinator Dillerud provided an overview of the June 16, 1988 Staff Report. Chairman Pauba introduced Mike Gair, 2021 East Hennepin int petitioner's representative. Mr.Gar. introduced GahamDeve1opmentand CSM Corporation representatives. Mr. Gair provided an overview of the project and described the overall plan. MOTION TO DEFER VOTE - MOTION CARRIED STUART ERICKSON, SUBWAY SANDWICH, CONDITIONAL USE PERMIT (88055) MOTION TO APPROVE VOTE - MOTION CARRIED GRAHAM DEV./CSM CORP. PLANNED UNIT DEVELOPMENT CONCEPT PLAN (88060) Page 147 Planning Commission Minutes June 22, 1988 Mr. Gary Tushie, Tushie-Montgomery Assoc., 3300 Edinborough Way, Edina, MN., described the townhouse portion of this development. Mr. Gair explained the densities involved in this project. Chairman Pauba opened the Public Hearing. Ken Morrison, 5715 Sycamore Lane. Mr. Morrison inquired if this proposal was a proper use of the area regardless of the existing guiding. He indicated that he did not believe that townhomes were compatible with the existing area. Mr. Morrison inquired what the current occupancy rate was in the similar Woodbury Project that CSM Corporation had developed. Mr. Gair indicated that the Valley Creek project in Woodbury, which is still being constructed, is 75% rented at this time. Mr. Morrison asked for a show of hands from the audience of those who would rent one of these townhouses. (No one raised their hands). Mr. Morrison inquired about the plans to upgrade County Road 10 and County Road 47, and who would bear the costs. Engineer Harrison advised that he was unsure the time table regarding upgrading County Road 10. Engineer Harrison advised that the cost for curb and gutter would be assessed. Mr. Morrison also indicated concern with the extreme amount of traffic, and the playground located across the major street from much of the project. He inquired if the school district was aware of the added housing, and if this would crowd the schools. Commissioner Plufka advised that the school districts look at the City Zoning to project enrollment. He added that Osseo School District should be aware of the proposal. Mr. Morrison inquired about the added water problem. Engineer Harrison advised that he was not aware of any water problems. 9 Page 148 Planning Commission Minutes June 22, 1988 r the Mr. Morrrvationnandlmaintemaintenance of the trees aindicated concern ond wild preservation life in the area. Ms. Joyce Tolve, 5640 Sycamore Lane, expressed her She concern for rental units in the project stated that he had been in charge of rental property in Eagan. She stated that renters do not take care of the property they rent. Ms. Tolve indicated that she was a Realtor, and udseserenwa a great need for ownership the 100,000 - $150,000 price range. She indicated that these units were better as owner occupied othanasrentalasproposed. Ms. Tolve added that there already is a problem with water pressure in this area. t dress a fed om here are days that the water j faucet. Ms. Tolve stated that County Road 47 should be developed before anything else. She indicated She that traffic on PinevLaneto be donebacked also about added that something needs the people who use the Prudential ballfields, as they are parked all over the streets in the area. Ms. Tolve inquired as to why the townhouses were to be rental units. Commissioner cewhetherT tive he uncus are the Cityity has no control over rented or sold. Mr. Mike Derring, 13035 56th Avenue North, indicated concern about the elevations of the roadway. He also expressed concern over the noise and sound abatement. stated that e It 494e existing buffering was goodprotection Road fromom Mr. Derring inquired about County 61. Commissioner o Ma kyto dviseMr. toucn the area Derring east hof there are Plans County Road 61. Mr. Derring inquired when they would be able to discuss County Road 61. Engineer Harrison for the that platting re procesds band Public Hearing assessments for curb and gutter. Page 151 Planning Commission Minutes June 22, 1988 the County Road 61 should not be curved so sharply and wanted to know who could make this change. Chairman Pauba advised the alignment of the street would be taken into consideration. Discussion ensued between the Commissioners and Coordinator Dillerud regarding the Land Use Guide Plan relating to classifications and density. Scott Ottenberg, 5625 Quinwood Lane, indicated that he did not appreciate Chairman Pauba's comment about the residents not wanting anyone around them. He stated that he did no want to be packed in like sardines and wanted to see compatible houses built. He stated that they were not getting satisfactory answers regarding traffic signals, water pressure etc ... He added that he had done a quick calculation and 310 vehicles x 8 trips a day would be 3720 vehicles on the roads. Steve McNattin, 12625 58th Avenue North, stated there should be a review of the density in this area. He wanted to know timing with regard to completion County Road 61 and County Road 10. He too was concerned about the water pressure and questioned why no wells would be going. Chairman Pauba closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner Tierney to approve the Residential Planned Unit Development Concept Plan subject to the 8 conditions listed in the June 16, 1988 Staff Report. Commissioner Stulberg stated that at this time the Commission needed only to determine if the Concept Plan supports the PUD Ordinance. Commissioner Plufka stated that the high density in the northeast corner was a major concern. He suggested the density be spread out and perhaps have no single family houses in the development. He stated that it was up to the developer to provide for an adequate transition. Commissioner Stulberg stated this proposal combines 6 pieces of land (the 7th piece is owned by the City) in an area guided LA -2 and LA -3, rather than each proposal coming in as separate MOTION TO APPROVE 0 Page 152 Planning Commission Minutes June 22, 1988 pieces. He added that the single family houses to the south is a better transition with the existing houses. Commissioner Marofsky recommended that the developer contact the owner of the property to the south to see if they have a contemplated use that may be consistent with the single family housing. Commissioner Marofsky added his concern for the lack of efficient open area. He indicated that the park is across County Road 61 and there is no method provided for assistance in crossing County Road 61. The open area has problems as a Concept Plan. Commissioners Zylla inquired if readings and signals were provided to the developer so he does not come back in the next stage with the same plan. Commissioner Zylla also was concerned for the preservation of the natural areas and the lack of open space. He suggested that perhaps providing for more open space would bring the density down. Commissioner Plufka added that the housing units could be clustered together, eliminating the single family houses and thus would allow for more open areas. Commissioner Zylla stated that he understood that with regard to the Concept Plan it is less than what is eligible, however, inquired if the bonus point is something that has to be granted. He inquired as to the density without the points. Commissioner Zylla also questioned what is meant by "eligible for". Is this negotiable, or is it an absolute. Commissioner Plufka advised that the Ordinance provides the project scale. The variety of housing is subject to one bonus point. He added that the criteria for granting bonus points are in the Ordinance. More discussion ensued regarding bonus points. Commissioner Tierney pointed out that this development could have 63 more units than what is proposed tonight and that the single family houses could be eliminated altogether. Page 153 Planning Commission Minutes June 22, 1988 Commissioner Marofsky advised that a condition should be added to provide for more open space for the townhouses. MOTION by Commissioner Marofsky, seconded by Commissioner Wire to amend to add a 9th condition to provide for the open space areas within the town homes to be increased in size and be suitable as active use open space. Roll Call Vote. 3 ayes. Commissioners Stulberg, Tierney, Plufka and Chairman Pauba nay. Motion by Commissioner Zylla, seconded by Commissioner Plufka to add a number 9 for the petitioner to, with the Preliminary Plat/Plan, provide attention to the preservation of natural amenities on site to the greatest extent, particularly in the areas of greatest densities. Roll Call Vote. 7 ayes. Commissioner Wire expressed his concern for the added traffic on 56th Avenue. He stated that he does not know how to resolve the problem, but feels that there is a need to think about redesign. MOTION by Commissioner Wire to add Condition #10 for the petitioner to address the added traffic. Due to lack of a second, the motion died. Commissioner Stulberg indicated his reason to not second the motion was that it is part of the City Ordinance to provide the petitioner with direction. He did not want the concerns listed as part of the recommendation. Commissioner Marofsky requested that copies of this discussion be included when this proposal comes back as preliminary plan/plat. Coordinator Dillerud advised that this is normally the practice. Roll Call Vote on Main Motion as once Amended. 6 Ayes. Commissioner Marofsky nay. Chairman Pauba called for a recess at 12:26. The meeting resumed at 12:35. MOTION TO AMEND VOTE - MOTION FAILS MOTION TO AMEND VOTE - MOTION CARRIED MOTION TO AMEND MOTION TO AMEND DIES FOR LACK OF A SECOND VOTE - MOTION CARRIED TO APPROVE MAIN MOTION AS ONCE AMENDED 1 I CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: duly 5, 1988 for City Council Meeting duly 11, 1988 TO FROM SUBJECT i,- 7r 2&_ X James G. Willis, C'ty ager Charles E. DilWeommunity Development Coordinator through Blair Tremere, Commun'pment Director RYAN CONSTRUCTION COMPANY. LOT DIVISION/CONSOLIDATION, LOT 4, RYAN BUSINESS CENTER, 51ST AVENUE NORTH AND NATHAN LANE (88073) ACTION REQUESTED: Approve the attached Resolution which re-establishes an exist- ing property line within the Ryan Business Center, 152 ft. further west than now established. BACKGROUND: Ryan Construction has filed a Site Plan that is eligible for administrative approval to construct a 10,000 sq. ft. building on the westerly two acres of Lot 4, Ryan Business Center. A previously approved Lot Division established a division of Lot 4 to create the site for "Quality Business Products." This action will remove 152 ft. from prev- ious Parcel B, and add it to the "Quality Business Products" site. The result will be a two acre parcel for the new site and a "Quality Business Products" site that will be 1.17 acres larger than previously. An added condition, prior to filing, is for payment of park dedication fees for the 1.17 acres that will not be included with any specific building permit because of this Division/Consolidation action. RECOMMENDATION AND CONCLUSIONS: We recommend adoption of the attached Resolutions that approve the Lot Division/ Consolidation and set the conditions to be met prior to filing the Lot Division/ Consolidation at Hennepin County. AttanhmPntc 1. Approving Resolution 2. Resolution setting conditions for filing 3. Location Map 4. Engineer's Memorandum 5. Graphic CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING LOT DIVISION/CONSOLIDATION FOR RYAN CONSTRUCTION COMPANY (88073) WHEREAS, Ryan Construction Company has requested approval of a Lot Division/Consolida- tion to adjust the lot line to add 152 ft. to the "Quality Business Products" site in the Ryan Business Center; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the following: EXISTING LEGAL DESCRIPTIONS PARCEL A: That part of Lot 4, Block 1, RYAN BUSINESS CENTER, Hennepin County, Minnesota, lying east of the following described line: Beqinning at a point in the south line of said Lot 4 a distance of 285.00 feet west of the southeast corner of said Lot 4; thence north to a point in the north line of said Lot 4 a distance of 290.12 ft. west of the northeast corner of said Lot 4 and there terminating. Subject to all easements of record and a drainage and utility easement over the west 6.00 feet of the above described land. PARCEL B: That part of Lot 4, Block 1, RYAN BUSINESS CENTER, HENNEPIN County, Minnesota, lying west of the following described line: Beginning at a point in the south line of said Lot 4, a distance of 285.00 feet west of the southeast corner of said Lot 4; thence north to a point in the north line of said Lot 4 a distance of 290.12 ft. west of the northeast corner of said Lot 4 and there terminating. Subject to all easements of record and a drainage and utility easement over the east 6.00 ft. of the above described land. To be divided and consolidated as follows: PARCEL C: That part of Lot 4, Block 1, RYAN BUSINESS CENTER, Hennepin County, Minnesota lying west of the following described line: Beginning at a point in the south line of said Lot 4; thence north to a point in the north line of said Lot 4 a distance of 442.80 feet west of the northeast corner of said Lot 4 and there term- inating. Subject to all easements of record and a drainage and utility easement over the east 6.00 feet of the above described land. PLEASE SEE PAGE TWO 1 I Page two Resolution No. 88 - PARCEL E: That part of Lot 4, Block 1, RYAN BUSINESS CENTER, Hennepin County, Minnesota, lying east of the following described line: Beginning at a point in the south line of said Lot 4, a distance of 437.67 feet west of the southeast corner of said Lot 4; thence north to a point in the north line of said Lot 4 a distance of 442.80 feet west of the northeast corner of said Lot 4 and there terminating. Subject to all easements of record and a drainage and utility easement over the west 6.00 feet of the above described land. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division is approved by Hennepin County. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. s CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION/CONSOLIDATION) FOR RYAN CONSTRUCTION COMPANY (88073) WHEREAS, the City Council has approved a Lot Division/Consolidation) for Ryan Construction Company for property located at 51st Avenue North and Nathan Lane, under Resolution No. ; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to filing of and regarding said Lot Division/Consolidation): 1. Compliance with Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 4. Payment of required park dedication fees for the 1.17 acres not included with a specific building permit because of the Division/Consolidation. 5. No Building Permit to be issued until the Lot Division/Consolidation is filed with Hennepin County. 6. Submittal of all necessary utility easements prior to filing the Lot Division/Consolidation with Hennepin County. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. IS t AYA Mr. IM nll a Go 1 „j 1 I; 4f:s-V City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: July 6, 1988 FILE NO.: 88073 PETITIONER: Mr. John Strittmatter - Ryan Construction Company, Inc. - 900 Second Avenue South, Suite 700, Minneapolis, MN 55402 LOT DIVISION/CONSOLIDATION:Parcels 12-118-22-13-0009 and 0010 LOCATION: South of 51st Avenue, west of Nathan Lane in the northeast 1/4 of Section 12 NIA Yes No 1 X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division/Consolidation approval: 4. Additional assessments estimated: TFGAL/EASEMENTS/PERMITS: 5. — _ X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (101) in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 6 feet east and west of the new north south nronerty line. 6. X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. l ll N/A Yes No 7 X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: g, X _ _ All standard utility easements required for construction The following easements will be required for construction of utilities q, _ X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. X All existing street rights-of-way are required width - Additional right-of-way will be required on 12. A. Submitted by: Chester Harison, Jr., P.E. City Engineer 2 E---- mmummmmopm M r C-) m tl m Z c m it it j Mai n M If It Itv IS m 4F, t 2 D j N00 55.07-[ —550 85 NATHANLANENE 01— R`;-Iw, SlItt- RN HELL FT AL)DIM10114 LOT DIVISION AND TOPOGRAPHYRAP LOT 4, BLOCK 1, SATHRE-BERGOUIST, INC. RYAN BUSINESS CENTER ± 40 - prepared for: RYAN CONSTRUCTION COMPANY r_— Iwil IN—ME-011 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 1, 1988 for City Council Meeting July 11, 1988 TO: James G. Willis, City Manager FROM: Charles E. Dillerud, Community Dev 1 nt Coordinator Tremere, Community Development Directo SUBJECT through Blair AMOCO OIL COMPANY. SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT, AND VARIANCE TO CONSTRUCT AN ADDITION TO THE CANOPY FOR A SERVICE STATION AT THE SOUTHWEST CORNER OF COUNTY ROAD 9 AND VINEWOOD LANE (88074) ACTION REQUESTED: Approval of the attached Resolution that amends the Site Plan and Conditional Use Permit for the existing Amoco service station; and, approves a Variance for the front yard setback to allow a canopy to a point 37 ft. from the existing Xenium Lane right-of-way, where 50 ft. would otherwise be required. BACKGROUND: The Planning Commission reviewed the applications at the Public Hearing held June 22, 1988; and, recommended approval by unanimous vote. On March 7, 1988, the City Council adopted an Ordinance and a number of Resolutions that approved the Site Plan, Conditional Use Permit, Preliminary and Final Plat, and variances for the construction of a service station at the subject location. No vari- ance was applied for with respect to the canopy since the specific plan set that staff used for review showed a notch of 4.5 ft. that kept the canopy from extending within the 50 ft. setback area to existing Xenium Lane. The petitioner (Amoco Oil Company) had submitted plans other than the set of plans the staff was reviewing with respect to the canopy size and found at the time of application for Building Permit, that the construction intentions did not fit what had been approved in the Site Plan. PRIMARY ANALYSIS AND ISSUES: The Planning Commission found the plans to be consistent with the six findings that the Zoning Ordinance prescribes with respect to variances. The unique shape of the site in question, coupled with the established fact that the property line in question will someday be altered to the extent that no setback variance would exist, formed the basis for the Planning Commission recommendation in addition to the responsiveness to the Variance Criteria. Page two Memorandum to City Manager games Willis City Council Meeting July 11, 1988 July 1, 1988 RECOMMENDATIONS AND CONCLUSIONS: We recommend adoption of the attached Resolution which provides for approval of the Site Plan Amendment, Conditional Use Permit Amendment and variances, consistent with the Planning Commission's recommendation. AttarhmPntc 1. Resolution 2. Resolution No. 88-148 3. June 22, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the_ day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION NO. 88 - APPROVING REVISED SITE PLAN, CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE FOR A CANOPY FOR AMOCO OIL COMPANY AT 3955 VINEWOOD LANE(88074) WHEREAS, Amoco Oil company has requested approval of a Site Plan, Conditional Use Permit Amendment and Variance for a canopy for the Amoco Service Station at 3955 Vinewood Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for a canopy at 3955 Vinewood Lane, subject to the following conditions: 1. Variance is approved for the following, based upon the finding that the Ordinance Variance Criteria are met; a) Building setback to front lot line 37 feet vs. 50 feet Ordinance standard, 2. Resolution No. 88-148 is still in force. The motion for adoption of the foregoing Resolution was duly seconded by— and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of theCityofPlymouth, Minnesota, was held on the 7th day of March , 1988. The following members were present: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk The following members were absent: None Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 88-148 APPROVING CONDITIONAL USE PERMIT, SITE PLAN, AND VARIANCES FOR AMOCO OIL COMPANY FOR AN AMOCO SERVICE STATION (87062) WHEREAS, Amoco Oil Company has requested approval of a Conditional Use Permit, Site Plan and Variances for the construction of an Amoco Service Station to be located in the B-3 Zoning District at the southeast corner of I-494 and County Road 9; and WHEREAS, the Planning Commission has reviewed said request at a duly called PublicHearingandrecommendsapproval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Amoco Oil CompanyforaConditionalUsePermit, Site Plan, and Variances for construction of an AmocoServiceStationtobelocatedatthesoutheastcornerofI-494 and County Road 9 subject to the following conditions: I. Compliance with City Engineer's Memorandum. 2. 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. Provisions for a 20 ft. wide trail easement per Comprehensive Park Plan, as verified by the Parks and Engineering Departments. 4. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 5. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the enclosure, and no outside storage is permitted. PLEASE SEE PAGE TWO k J RESOLUTION NO. 88-148 Page Two Recommendations for Conditional Use Permit, Site Plan, and Variances for Amoco Oil Company 9. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. No Building Permit to be issued until the Final Plat is filed and recorded withHennepinCounty. 11. Appropriate legal documents for the shared drive shall be submitted for review and approved by the City Attorney and filed with the Final Plat. 12. The Conditional Use Permit is subject to all applicable codes, regulations andOrdinances, and violation thereof shall be grounds for revocation. 13. The Conditional Use Permit is issued to Amoco Oil Company as operator of thefacilityandshallnotbetransferable. 14. The site shall be maintained in a sanitary manner. 15. There shall be no outside display, sales, or storage of merchandise or related materials. 16. All parking shall be off-street in designated areas which comply with the ZoningOrdinance. 17. Variances are approved for the following, based upon the findings indicated: a.) Drive aisle to building 5 ft. versus 10 ft. Ordinance standard. 18. The trash enclosure shall be brick construction. 19. The building fascia for the carwash shall be brick to match the primary building. The motion for adoption of the foregoing Resolution was duly seconded byCouncilmemberZitur , and upon vote being taken thereon, the followingvotedinfavorthereof:MaSchneider, Councilmembers Vasiliou, Ricker, ZiturandSisk yor The followingvotedagainstorabstained: None Whereupon theResolutionwasdeclareddulypassedandadopted. Page 154 Planning Commission Minutes June 22, 1988 Chairman Pauba introduced the request by Amoco Oil Station for the proposed canopy. The reading of the June 14, 1988 Staff Report was waived. Chairman Pauba introduced the petitioner's representative Mark Winson, 3025 Harbor. Lane. Commissioner Plufka inquired what happens to the right-of-way. Coordinator Dillerud advised that it is given back to the property owners, and this is a long process through the State. Chairman Pauba opened the Public Hearing. There was no one present to speak on this item and the Public Hearing was closed. AMOCO OIL COMPANY, SITE PLAN & CONDITIONAL USE PERMIT AMENDMENT WITH VARIANCE FOR PROPOSED CANOPY (88074) MOTION by Commissioner Plufka, seconded by MOTION TO APPROVE Commissioner Wire for approval of the site plan amendment, Conditional Use Permit Amendment and Variances, subject to the 2 conditions listed in the June 14, 1988 Staff Report. NEW BUSINESS: NONE OLD BUSINESS: Chairman Paub 'ntroduced the request by Patrick Goff, Goff Homes. The reading of the June 15, 1988 Staff Report wa aived. Chairman Pauba introdu the petitioner's representative, Bruce Hilger, 06 No. St. Paul. Mr. Hilger indicated they with ey would have known the cul-de-sac could have n 640 ft. rather than the 500 ft.. Chairman Pauba opened the Public Hearing. Randy Nord, 4420 Harbor Lane, reiterated the conditions that were set prior and that they had reached an agreement with Goff Homes. Mr. Hilger stated that they were still in agreement. Commissioner Marofsky inquired about the easement from the end of the cul-de-sac to the park. Mr. Hilger indicated that no direction has been indicated as of yet. PATRICK GOFF, GOFF HOMES. CONDITIONAL USE PERMIT & SITE PLAN (88019) CITY OF PLYMOUTH *-6,1 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 5, 1988 for City Council Meeting July 11, 1988 TO: City Manager James G. Willis FROM: Community Development Coordinator Charlesv E. D(ilPrough Community Development Director Blair Tremere SUBJECT ENVIRONMENTAL REVIEW FOR HARRISON HILLS PONDS FOR HEW-LYN, INC./FAC CORPORA- TION (87109) ACTION REQUESTED: Adopt the attached Resolution that declares a Finding of No Need for an Environmental Impact Statement, based upon the Environmental Assessment Worksheet review process for Harrision Hills Ponds proposed by Hew -Lyn, Inc./FAC Corporation. BACKGROUND: The project is located south of County Road 10, east and west of Trenton Lane in the east half of the Southwest Quarter of Section 1. The required 30 -day comment period has expired, and upon review of all comments received, it is determined that an Environmental Impact Statement is not required. PRIMARY ISSUES AND ANALYSIS: Of the various State and Federal agencies that were noticed of this Worksheet, the only response that contained commentary of significance, was that of the Minnesota Depart- ment of Transportation (MnDOT). It is no particular surprise that they comment that County Road 18 (now State Trunk Highway 169) is currently beyond capacity during peak hours. It is noted that the City should indicate its future plans for handling the additional traffic from this project to that roadway. It would appear that the State of Minnesota has inherited Hennepin County's problem in that regard. The environmental review process is no place for the State to acknowledge that they have inherited a capacity problem from Hennepin County. The development plans for the City of Plymouth that would impact County Road 18 (State Highway 169) have been of record and basically unchanged for over 15 years. The State Highway Department should be looking beyond negative comments on Environmental Assessment Worksheets for the solution to the capacity problems of State Highway 169, at least with respect to what- ever contribution the City of Plymouth may bring to that problem. RECOMMENDATION AND CONCLUSIONS: I recommend adoption of the attached Resolution as one of the final steps in the Environmental Review Process. Review comments and recommendations were received from the Minnesota Department of Transportation; the Minnesota Historical Society; the Minnesota Pollution Control Agency; and, the Metropolitan Council. OttanhmPntc 1. Resolution 2. Location Map 3. Plat Pursuant to due call and notice City of Plymouth, Minnesota, was following members were present: CITY OF PLYMOUTH thereof, a _ held on the The following members were absent: adoption: meeting of the City Council of the day of , 19 The introduced the following Resolution and moved its RESOLUTION NO. 88 - DECLARING FINDING OF NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED MAY 17, 1988 FOR HARRISON HILLS PONDS PROPOSED BY HEW-LYN, INC./FAC DEVELOPMENT CORPORATION (87109) WHEREAS, the City Council approved the Mixed Planned Unit Development (MPUD) Concept Plan, Preliminary Plat/Plan, Conditional Use Permit for Harrison Hills Ponds by Resolution No. 88-182 and 88-183 on March 21, 1988; and, WHEREAS, pursuant to Minnesota Environmental Quality Board (EQB) Rule No. 6 MCAR S-3.038- Z2 -R1- Q2, the Environmental Review Process, the City of Plymouth, as the responsible governmental unit, submitted an Environmental Assessment Worksheet (EAW) for the development on March 23, 1988; and, WHEREAS, the 30 -day review comment period expired on dune 29, 1988, and all comments and recommendations received from reviewing agencies and other interested parties have been considered; and, WHEREAS, it has been determined that the proposed development does not present a poten- tial for significant environmental effects; NOW, THERFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does make a negative declaration on the need for an Environmental Impact Statement (EIS) for the proposed development known as Harrision Hills Ponds for Hew -Lyn, Inc./FAC Development Corporation. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. r I ' likilill 0 I ... 77. Aiiiiii s June 27, 1988 Minnesota Department of Transportation Transportation Building, St. Paul, MN 55155 Mr. Blair Tremere F IE0411 D Director of Community Development U1 3400 Plymouth Boulevard L Plymouth, Minnesota 55447 Re: Harrison Hills Ponds Environmental Assessment Worksheet (EAW) District 5 (Plymouth, Hennepin County) Dear Mr. Tremere: The Minnesota Department of Transportation (Mn/DOT) has completed a review of the above -referenced EAW and have the following comments: The proposed development will generate approximately 2,850 average daily traffic (ADT), much of which will ultimately use County State Aid Highway (CSAR) 18. This roadway will be designated as State Trunk Highway (T.H.) 169 as of July 1, 1988. This increased use of CSAR 18/T.H. 169 is not addressed in the traffic analysis of item 28 in the EAW. Traffic conditions on CSAH 18/T.H. 169 during peak hours are currently beyond capacity, and any additional traffic will severely impact this situation. The city should indicate its future plans for handling additional traffic. It appears that the proposed project will require review by the apropriate watershed district. Existing drainage patterns and runoff rates should be maintained. There is apparently an error in Item 14; the before and after acreages don't add up (9.1 before, 96 after). If you require additional information from Mn/DOT, please contact Carl Hoffstedt, Transportation Planning Engineer at our District Office in Golden Valley, telephone number (612) 593-8540. Sincerely, Patricia Bursaw Environmental Coordinator Environmental Services Section An Equal Opportunity Employer P MINNESOTA HISTORICAL SOCIETY FOUNDED IN 1849 June 17, 1988 Mr. C. Dillerud City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Dillerud: 5!. 1',uol, • (612) 726-1171 JUN 20 1988 Re: Harrison Hills Ponds nixed Planned Unit Development E/2 SW/4, S1, T118, R22 & W/2 SE/4, S1, T118, R22 Plymouth, Hennepin County MHS Referral File Number: 88-1519 Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the Procedures of the National Advisory Council of Historic Preservation (36CFR800). This review reveals the location of no known sites of historic, architectural, cultural, archaeological, or engineering significance within the area of the proposed project. There are no sites in the project area which are on the National Register or eligible for inclusion on the National Register, and therefore, none which may be affected by your proposal. Again, thank you for your participation in this important effort to preserve Minnesota's heritage. Sincerely, Dennis A. Gimmestad Deputy State Historic Preservation Officer DAG:dmb g7 5 r, '` \ 1/IIJI 14.`Ill/_1/I:i:01 1a I/_'I wII_tA/1'I::'G a 300 Centennial Building • 658 Cedar Street • St. Paul, Minnesota 55155x 612-296-2603E•Q B, Dear Mr. Tremere: This letter acknowledges receipt of the EAW for the above-named project. The Environmental Review Program rules (at Minnesota Rules, part 4410.1500B.) require that a press release containing notice of the EAW availability be provided to at least one newspaper of general circulation within the area and that copies of the EAW be distributed to all points on the EQB distribution list. We presume that these requirements have been met. Notice of the EAW availability will be published in the EQB Monitor on May 30, 1988. The 30 -day comment period will begin on that day and will expire on June 29, 1988. Pursuant to Minnesota Rules, part 4410.3100, subpart 1, no final governmental decision to grant a permit or other approval required to commence the project shall be made until a negative declaration or EIS adequacy determination has been made. Please contact me if any questions arise about the Review process. My phone number is (612) 296-8253, toll-free by dialing 1-800-652-9747 and asking for Quality Board, Environmental Review Program. Sincerely, Gregg M. Downing Environmental Review Coordinator cc: An Equal Opportunity Employer Environmental or you may call the Environmental I May 25, 1988 Lis Blair Tremere Director of Community Development 3400 Plymouth Blvd. Plymouth, MN 55447 RE: Environmental Assessment Worksheet EAW) for Harrison Hills Ponds Dear Mr. Tremere: This letter acknowledges receipt of the EAW for the above-named project. The Environmental Review Program rules (at Minnesota Rules, part 4410.1500B.) require that a press release containing notice of the EAW availability be provided to at least one newspaper of general circulation within the area and that copies of the EAW be distributed to all points on the EQB distribution list. We presume that these requirements have been met. Notice of the EAW availability will be published in the EQB Monitor on May 30, 1988. The 30 -day comment period will begin on that day and will expire on June 29, 1988. Pursuant to Minnesota Rules, part 4410.3100, subpart 1, no final governmental decision to grant a permit or other approval required to commence the project shall be made until a negative declaration or EIS adequacy determination has been made. Please contact me if any questions arise about the Review process. My phone number is (612) 296-8253, toll-free by dialing 1-800-652-9747 and asking for Quality Board, Environmental Review Program. Sincerely, Gregg M. Downing Environmental Review Coordinator cc: An Equal Opportunity Employer Environmental or you may call the Environmental I 4° 4 Q o0 May 23, 1988 Blair Tremere Director of Community Development 3400 Plymouth Blvd. Plymouth, MN 55447 RE: EAW Harrison Hill Ponds Metropolitan Council District 9 Dear Mr. Tremere: Metropolitan Counci' 300 Metro Square Building Seventh and Robert Streets St, Paul, Minnesota 5510', Telephone (612) 291-635 Council staff has conducted a preliminary review of this environmental assessment worksheet to determine its adequacy and accuracy in addressing regional concerns. The staff review has concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. This will conclude the Council's review of the EAW. No formal action on the EAW will be taken by the Council. If you have any questions or need further information, please contact Pat Pahl, Council staff at 291-6392. Sincerely, Roger Israel, Director cc: Jo Nunn, Metropolitan Council District 9 John Rutford, Metropolitan Council Staff An Equal Opportunity Employer z z IYill l l`I N W•-W V1/ fIJi/mWIF1V4LW4IF21TRIWN•:g,_Tifff 300 Centennial Building • 658 Cedar Street • St. Paul, Minnesota 55155 E.Q.B 612-296-2603 AL CL June 30, 1988 -' h r 17 Blair Tremere' Direcor of Community Development f; r. t "c.iY [kVIELOPf,'ENT DEP1. 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Close of EAW Review Period for Harrison Hills Ponds Dear Mr. Tremere: The 30 -day review and comment period for this EAW ended on June 29, 1988. A decision on the need for an Environmental Impact Statement EIS) is to be made within 15 working days of the expiration of the comment period unless the decision will be made by a body which meets only periodically, in which case the decision is to be made at the first meeting 10 or more days after the expiration date and in no case more than 30 calendar days afterwards. In making the EIS decision please note the following requirements given at Minnesota Rules, part 4410.1700, page 16 of the rules): 1. You must maintain a written record of some sort, including specific findings of fact, which supports your decision. The record must reflect the findings about the project with respect to the criteria of subpart 7 and should consider the information in the EAW itself and any timely comments reseived. 2. A notice of the decision is to be sent within five working days to the EQB, all persons on the EAW distribution list, all persons who commented, and anyone who makes a request (see B.4.). The EQB will publish notice of your decision in the EQB Monitor. 3. If your decision is to prepare an EIS, your notice must also include your proposed scope of the EIS and the date, time and place of the scoping meeting. Please call me before scheduling a scoping meeting to assure that the meeting will fall between 10 working days and 20 calendar days after publication of the notice in the EQB Monitor. The scoping meeting must also be noticed by a press release. Sincerely, Gregg Downing Environmental Review Coordinator 612) 296-8253 Toll-free: 1-800-652-9747; ask for EQB, Environmental Review Program An Equal Opportunity Employer kid e flat R p. rg a E e Ya Pig csrsz to r 12, 's 3 a9 5 9a: sis4 e 3 e ve k s 0 MEMO CITY OF PLYMOUTH T- 34003400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 1, 1988 For City Council Meeting of July 11, 1988 TO: James G. Willis, City Manager Through Fred G. Moore ,D rector of Public Works FROM : Richard J. Pouliot, Project Coordinator SUBJECT: DRIVEWAY EASEMENT MEDICINE LAKESHORE ADDITION ACTION REQUESTED: Request the City Council pass the attached resolution authorizing the Mayor and City Clerk to grant a driveway easement across Outlot A (trail) Medicine Lakeshore Addition. BACKGROUND: As a condition of platting his property, Mr. Robert Gersbach was required to donate a 30 foot strip of land adjoining Medicine Lake Drive for trail purposes. Even though his driveway continued to exit across the outlot, no legally described access to the property exists. Mr. Gersbach has now placed his property for sale and the title search and title opinion are that in order to market the property, he must have a legally described access to the property. RECOMMENDATIONS AND CONCLUSIONS: I recommend the City Council pass the resolution authorizing the Mayor and City Clerk to grant the attached easement. Richard J. Pouliot RJP:kh attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: CXX its adoption: I XXX introduced the following Resolution and moved RESOLUTION NO. 88 - AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT A DRIVEWAY EASEMENT ACROSS OUTLOT A - MEDICINE LAKESHORE ADDITION WHEREAS, as a condition of platting his property into Medicine Lakeshore Addition, Mr. Robert Gersbach was required to dedicate Outlot A across the front of his property adjoining Medicine Lake Drive for trail purposes; and WHEREAS, the existing driveway into his property crosses Outlot A, but there is no legally described driveway access across the trail; and WHEREAS, it is not the City's intent to landlock the property. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Mayor and City Clerk are hereby authorized to grant a driveway easement across said outlot for ingress and egress purposes. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. EASEMENT THIS EASEMENT IS MADE and entered into this day of , 19_ , by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation, and Sheila M. Gallagher, a single person (Lot 1) and John R. Pokorny and Jeanne M. Pokorny, husband and wife, (Lot 2) Grantee. WITNESSETH, that whereas said Grantor is the owner of the tract of land in the County of Hennepin, State of Minnesota, described as follows: DESCRIPTION OF PROPERTY: (PIN 26-118-22-21-0116) Outlot A, Medicine Lakeshore Addition, Hennepin County, Minnesota according to the recorded plat thereof. NOW, THEREFORE, Grantor, in consideration of One Dollar and other good and valuable consideration, to it in hand paid by Grantee, receipt of which is hereby acknowledged, hereby grants to said Grantee, its successors and assigns, the following easement: This easement is for the benefit of Lot 1 and Lot 2, Medicine Lakeshore Addition, Hennepin County, MN. according to the recorded plat thereof. A permanent driveway easement for ingress and egress purposes over, under and across that part of the above described parcel described as a 30 foot strip of land, the centerline of which is described as follows: Commencing at the northeast corner of said Outlot A; thence on an assumed bearing of South 41 degrees, 25 minutes, 10 seconds east, along the easterly line of said Outlot A, a distance of 77.29 feet to the point of beginning of the centerline to be described; thence South 48 degrees, 35 minutes West, a distance of 30 feet to the Westerly line of said Outlot A and there terminating. IN WITNESS WHEREOF, said Grantor has hereunto set its hand the day and year first above written. This Instrument Drafted by: Fred G. Moore, P.E. Director of Public Works City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 By Mayor STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) State Deed Tax Due: By , City Clerk The foregoing instrument was acknowledged before me this day of City Clerk. 19 by: Virgil A. Schneider, Mayor and Laurie Rauenhorst, Notary Public DUNTKLEY, BENT\TETT & CHRISTE'_-SEN, P. A. ATTORNEYS AT LAW SUITE 1400 JAY BENNE77 701 FOURTH AVENUE SOUTH WILLIAM M. OUNKLEY MINNEAPOLIS, MINNESOTA 55415 ROBERT P. CHRISTENSEN JOHN HARPER IIITELEPHONE '612; 339-1290 THOMAS J. HUNZIKER DANIEL W. HERGOTT, P. A. June 28, 1988 RICHARD M. DAHL WILLIAM J. CASHMAN Mr. Robert Gerach l 2540 W. Media*ne Lake Drive Plymouth, MPS 55441 ` Dear Bob.f Thank you for your June 24, 1988 letter regarding the sale of your property to Sheila Gallagher. OF COUNSEL BRUCE H. HANLEY JAY P. YUNEK I received Julie Bergh's June 23, 1988 letter on Monday and have spoken with Fred Moore and Dick Pouliot regarding what would be needed in order to pull this matter together and close as soon as possible. As reflected in Ms. Bergh's letter and confirmed by Messrs. Moore and Pouliot, we need an accurate survey of the property together with a legal description which is over the existing driveway. Assuming we can provide this information to Dick Pouliot on or before July 5, 1988, he will prepare the necessary easement and resolution to present to the City Council and this matter can be approved on July 11, 1988. On June 27, 1988, Jeff Lindgren called and we discussed this matter. He said he -would prepare the legal and provide the same to me and Pouliot. I told him to contact Pouliot directly as soon as possible because we are on a tight timetable. He said he would follow through on this matter on a rush basis. Working with the above timetable in mind, I propose we have a closing on July 12, 1988 at 10:00 a.m. in my office. Thank you for your cooperation in this matter and please do not hesitate to contact me if you have any questions. vdry-,-#ruly yours, John/Harper III JH/dlc cc: Ms Sheila Gallagher Richard Pouliot MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 7, 1988 For City Council Meeting of July 11, 1988 TO: James G. Willis, City Manager FROM Fred G. Moore, Director of Public Works SUBJECT: CORRECTION TO FINAL PLAT GROVES OFFICE PARK ADDITION ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution authorizing the Mayor to certify the correction to the easement dimension in the Groves Office Park plat. BACKGROUND: In 1986, the City Council approved the final plat for the Groves Office Park Addition. An error has been discovered in a dimension which was shown on that plat. The drainage and utility easement adjacent to the north line of Lot 2, Block 1 was indicated as being 38.35 feet wide. The correct dimension should have been 68.35 feet. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached resolution authorizing the Mayor, City Clerk and Engineer to certify the correction to the final plat. A Fred G. Moore, P.E. FGM:kh attachment: Resolution LAND SURVEYORS CERTIFICATE OF CORRECTION TO PLAT Name of Plat: GROVES OFFICE PARK Pursuant to the provisions of M.S.A., Section 505.174, Martin J. Weber, the undersigned a Registered Land surveyor in and for the State of Minnesota, declares as follows: 1. That I prepared the plat of GROVES OFFICE PARK dated August 29, 1986 and filed on September 25, 1986 in the office of the County Recorder, Hennepin County, Minnesota, as per Document No. Abstract 5162326, Torrens 1756349. 2. That said plat contains errors, omissions, or defects in the following particulars, to -wit: The drainage and utility easement adjacent to the north line of Lot 2, Block 1, has the width dimensioned as 38.35 feet. (see attached sheet Exhibit A). 3. That said plat is hereby corrected in the following particulars, to -wit: The drainage and utility easement described above has a corrected width of 68.35 feet. (see attached sheet Exhibit B) r Dated egistered Surveyor No. 12043 State ,of Minnesota The above Certificate of Correction to the plat of GROVES OFFICE PARK has been approved by the at a regular meeting of the of Minnesota, held on the day of Mayor City Clerk City Engineer 42v. vlti I N 100` p6.,W 0 EXHIBIT VVI C3o `" 3 9 Oroinoge8 'tilih FaserneM N12 5438 E' D ainoge8 a.1 _ So Iti li ty Ease nent-,J,it eost line of fM SW 1/4 01 the N£ 1/4, N Set. 36, Twp. 118, Rye. 22 13100 _'4 48"W 595. i ti rt... -3/0.•.. W1: 694.73 of to—' 4 of Me S£ //4, Trp. 118, R9e. 22 ;..4, /..... h ai G C.) _. 00 33 T: 1 270 D z ;. O U o; ....... .... l cn Cb I — tv W ... o Y7--30 - QD a - O I M M7 I Z ko cam I A..; I iCarrecton I C'v er ' • .' I 71 ! ••s -s N .._ ..,:: ,• .i ` . \.• . Ma : mow: y _- - ------ s-- -4 O of no Edey 720 00 flee of Zns o/ flys SE/./4, Sec 36, 4 C 1 n Row. 22 (o ?1 ' ys 6za.av------ .. N 0046'27" W .... 7 4 Z 3 33 --east line of Lots 9 and 20, PLYMOUTH G4kDEN 7 4 I (n and itr soullerly oud northorly extensions O / 0 Cb N z•'os rod ` I ,. 4 N IHIBIT "A7 4 10049'48"W 3.69 r ip boi Q Drainage 9vo9 _ I ` I Drainage -tilit, Easement N 1?°34'38"E - I vov a ..'Utifitr Eosemsnhp \ \ i rIt4.3B I , „I ,/stn •:': 1•o , • ' east line of the SW I/4 of the NE 114,.. ' vSK. J5, Trp. /8, Rqe. 2246CCO 99.73 -_ u3oo_ O 49'48 ' W ..'; 593 o " .240....73U49 `48 E ,,,, of th 4 o/ Me SE //4, Set. 36, Trp. //8, Rye. 22 ;;•y '% 3rJ o r zp d 270 I p / / ni Ct T1 a / der r ay c. n I m I 30 T I o.-• to c• • -. Error a z ^T '8.33•„ ^ r _ T rest No* of ails Eaaf 724-00 feet of O >Na NE//4 of tM SE/•14, Sac 36, 1 Trp• //e, flap. zY ; I G -t. • ( O , 1 r r I _ 6r3.au • X33 N O' 46 27r W .. Z z a east line of Lots 9 and 20, PLYMOUTH GARDEN' and it: soutAerlr and noitflarlr es ensions c c j cc O snN m M vizmw D r,• kb t) ....t G .. TZ v os v 4, a 7 xw `'• `96% 1 vOm 0oo0 rEmiI m 2 ::j D mzMo vr+ 0 v+ oo m I ?e+l w MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 7, 1988 For City Council Meeting of July 11, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: NO PARKING WEST SIDE OF HARBOR LANE - NORTH OF 38TH AVENUE ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution prohibiting parking on the west side of Harbor Lane, between 38th Avenue and Glacier Lane. BACKGROUND: Attached is a petition from the three property owners along the west side of Harbor Lane, between 38th Avenue and Glacier Lane, requesting that parking be prohibited on their side of the street. Parking has previously been removed along both sides of 38th Avenue. People using the community playfield find it more convenient to park in this residential area than using the parking lot provided for the playfield. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached resolution prohibiting parking on this portion of Harbor Lane. I I- Fred G. Moore, P.E. FGM:kh attachment: Resolution Petition or CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: YX )C its adoption: C )C X introduced the following Resolution and moved RESOLUTION NO. 88 - APPROVING AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON HARBOR LANE WHEREAS, substantial on -street parking has been noted on Harbor Lane; and WHEREAS, such parking creates a public nuisance and potential traffic congestion; and WHEREAS, the property owners have requested that parking be prohibited. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should and hereby does authorize the installation of "NO PARKING" signs on the west side of the following street: 1. Harbor Lane - 38th Avenue to Glacier Lane The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. i C f X)C'JC XXX 4, c of Y. f f 2001 AO?. 22 FLUDON-0 all imm R ( • c ( SE 114 S 1 1 N STORM SEWER !STP;Cl FOUNCAR. Sc. L00 EGINOAR, WA fRsqV m INCREWNT BOLINDAPI iit Ken & Cindy Kark 3835 Harbor Lane Plymouth, MN 55446 Home: (612) 559-0399 Office: (612) 829-1423 July 5, 1988 Mr_ Fred Moore City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55446 Dear Mr_ Moore, Enclosed is a signed petition for the installation of NO PARKING ANY TIME signs to prohibit street parking in front of the homes of the petition signees. Doing so will serve as the solution to several serious problems caused by Plymouth Creek Park Playfield car and truck traffic. Please make the necessary arrangements to add this important issue to the agenda of the next Plymouth City Council meeting. Then, advise me of the date and time of the meeting as I do plan to attend. I'll call you within the next few days to confirm that you received this letter and petition and to confirm the arrangements. Sincerely, Ken Kark PETITION TO THE CITY OF PLYMOUTH July 5. 1988 TO: Mr. Fred Moore - City of Plymouth FR: Steve and Sue Johnson 3825 Harbor Line North Ken and Cindy Kirk 3835 Harbor Lane North Doug and Judy Johnson 3845 Harbor Line North RE: PETITION FOR THE INSTALLATION OF NO PARKING ANY TIME SIGNS We, the resident -owners of 3825. 3835, and 3845 Harbor Lane North unaminously petition that the City install NO PARKING ANY TIME signs in front of our respective properties west side of Harbor Lane) to prohibit parking in this area. This is due to continuous and excessive car and truck parking by spectators and participants that use Plymouth Creek Playfield immediately south of our neighborhood. Reasons for this petition are sound, and include: Traffic congestion that creates an unsafe condition for all drivers, pedestrians, children, and bicyclists along Harbor Lane North Litter left on our yards before, during, and after games from the park users is undesirable and must be picked up by we the resident -owners The nuisance of noise from slamming car and truck doors, starting cars, loud talk, occassional rowdiness, and ignited firecrackers heard as late as 10 p.m. 9 Frequent use of our driveways as a means for park traffic to turnaround to find parking space in front of our homes The installation of these signs will significantly reduce the safety hazard, litter, noise, and inconveniences of park traffic that we currently experience. We are are citizens concerned about the safety and quality of life in our neighborhood. We petition that the City take action responsibly and promptly with the approval of and installation of these signs. We petition that the signs be installed on the lot lines between 1. 3855 and 3845 Harbor Lane North 2. 3845 and 3835 Harbor Lane North 3. 3835 and 3825 Harbor Lane North, and 4. midway between the 3835/3825 Harbor Lane North lot line and the corner of Harbor Lane North and 38th Avenue North Signed, Steve Joh *on Ke Bart Sue Johnson' Cind ar 3825 Harbor Lane North 3835 Harbor Lane North 3845 Harbor Lane North 612) 559-6358 (.612) 559-0399 (612.) 559-9216 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 6, 1988 For City Council Meeting of July 11, 1988 TO: James G. Willis, City Manager FROM: Chester Harrison, Jr., City Engineer SUBJECT: STREET LIGHTING CATES PLYMOUTH CREEKSIDE ESTATES ACTION REQUESTED: Installation of Streetlighting Petition. BACKGROUND: Attached to this memo is a Preliminary Engineering Report for the above referenced street lighting project. The City has received a petition from the developer and homeowners requesting that the street lights be installed. The petition was signed by 100% of the affected property owners and they have waived their rights to a public improvement and special assessment hearing. RECOMMENDATIONS AND CONCLUSIONS: I would recommend that the City Council adopt the attached resolutions declaring adequacy of petition, ordering preparation report and receiving the Preliminary Engineering Report and ordering the street lighting projects. IGM61, 1540107 Nr CJH:sm attachment: Preliminary Engineering Report Resolutions 4 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: CX C its adoption: X): X introduced the following Resolution and moved RESOLUTION NO. 88 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING - CATES PLYMOUTH CREEKSIDE ESTATES WHEREAS, a petition has been received from the developer and homeowner requesting installation of ornamental residential street lighting in the Cates Plymouth Creekside Estates. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Cates Plymouth Creekside Estates by the installation of residential ornamental street lighting, filed with the City Council on July 11, 1988 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: - The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. R 1101. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: X CX its adoption: Xxx introduced the following Resolution and moved RESOLUTION NO. 88 - RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING CATES PLYMOUTH CREEKSIDE ESTATES WHEREAS, pursuant to a resolution of the Council adopted July 1, 1988, a report has been prepared by the City Engineer with reference to the improvement of Cates Plymouth Creekside Estates by the installation of ornamental residential street lights and this report was received by the Council on July 11, 1988; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property abutting upon the streets named as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted July 11, 1988. The petitioners have waived their right to a public hearing. 2. The City Engineer is hereby designated as the engineer for these improvements. He shall coordinate the work which will be done by the Northern States Power Company. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 7rCXX PRELIMINARY ENGINEERING REPORT ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM CATES PLYMOUTH CREEKSIDE ESTATES Attached to this report is a petition received from the developer and/or property owners of 100% of the property known as Cates Plymouth Creekside Estates requesting street lights. The project consists of the installation of ornamental street lights for the plat with the lights to be placed at the locations shown on the attached map. There are six (6) lights at a monthly cost of $13.46 per light for a total cost of $82.66 per month, including contingencies at $.10 per lot. The project would be billed on a monthly basis to all the lots in the addition, a total of 19 lots, which results in an estimated cost of $4.35 per lot per month. The rate quoted above is dependent upon the operating cost for Northern States Power Company under contract franchise with the City of Plymouth. The lights will be their standard "traditional" post top unit mounted on a fiberglass pole and the wiring will be underground from the transformer. The project is feasible and should be undertaken as outlined above. Re No. Chester Harrison, 12510 Dated: July 7, 1988 v ' 2 1 b w 7 S 4 j.E •_ 13. 5' I „ y ` c I +yS OC ;.0 05 o.o 1 8>?.e7 '1000Yo.00 'to G,0 o z e 1 tie a, - rO, G 35TH s —oa.m - e AVE. N0. e 14, 116 Y it SS.N 114.00 .i.p0 1 iir.0 r 0C i M 00 Tfll ND ,,IDDITIONVAC. N0. 5 6ri6 9 8 -• 10 181603 i6..... Og po 1 t,V. i :2Y.1' I .:L 00 I\ NB9'8150• 3 IIV.00 It Y,pO 0 00 iiY oU 2 7 i.0.c- I IID 110 146.96 125 1 110 1101 11 - IE FR EUNDS FRE ND 1 (Q 13. IzIS) U36) — 17) (9)OUTL T 1(26) 9) II FREUND' S 2ND 16. 13x13' 76.77 t10 110 Ito ADD, 110 110 94. 3' 16 1 ' 7 lD'tAV :R•653.11 1 2 .606* 56' NC9'6't a 1 $ 34 T H Na0(` 6'•..'. .,.,,• Sa $ 110 • 154. 110 N• 9A IS $t • N7b',5''30. 1.3 77. 54 110 110 110 122. 1 i° 79. 1 1 52. A 4). _._ 8 I - (4) 1 2 r 3 a , 9.23' AS o (2-3 SAD • 10 12 ( 13) . a, 0 2 3 5 6 -( 56); 239• — (20)(21) (22) (24) 2 (25) ADD., 1 .t, g. 239• -.... Ito 11011 I T 12853 1 1111I Itoa _ t 13. S• c300 27300 77 v7 N69'45.30'• - g YAC. N0 5) (6) %28) . 1 18 c"' ( 2) Na1603P. 1 DOE. M0. 4779717 1 >_ ( 7) 0 57 vs.C AT ES 3.33• _. - .1. I 73g,..... 7099 ' t37U 56 ' O.C.D. 3/20/59 ' n. !R 33RD AVE. ?I $ 1 330 J i 6 672 9i301 r; 49 93 193b- 3. 5. o Ncr 2 Y) u, ^o 1 PLYMOUTH4- N 1° N 1 g S'r 9 115) IsS,• t e Q 3) 330•0aIIo ; , 7 o 1 '73 oG CRE EKSIDE 0 14 a' i3 0 12 '\ 7 o --- p1 (19) \I U) \ (17)JJ 1 33oo u3' ? 5Y1 t1 1 32t' d3.u go /,Y, go -go b/ r • L A-..4>99f ESTATES m n I lam% (7) 3 d'61 1 5 zq7 1 2 s rti O 7DO' PES• " 9P•, i. 5) Y:7 W kTE CONSTRUCTION CO. GENERAL CONTRACTING 300 HIGHWAY 55, HAMEL, MINNESOTA 55340 TELEPHONE 478-6050 June 23, 1988 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55441 RE: Creekside Estates Gentlemen: COMMERCIAL APARTMENTS NURSING HOMES TURN -KEY PROJECTS Enclosed find the signed petition for, street lights in the above referenced project. It is our understanding that this is the only requirement to have these put on a schedule for installation. The only cost to us would be a monthly charge of approximately $4.50 per, month per lot. If additional information is needed please contact our, office, if not, please inform us of the time schedule for installation. Thank you, elace H. Cates President Enclosure a 0 6V* CITY OF PLYMOUTH PETITION FOR STREET LIGHTS We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: CATES PLYMOUTH CREEKSIDE ESTATES We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME annRrCC 330— 32.Ni) AL). tv. , I3 ism 33 AA, .CIO - 55110-5 3'Z1. r 33oa Svc. 71r Y 33,, 5 c12 ,.S eLe 33352.CL lb3 31Z 6_;r M 33/ '~ CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: June 24. 1988 for City Council Meeting of July 18. 1988 TO: James G. Willis - City Manager FROM: Richard J. Carlouist - Public Safety Director SUBJECT AMENDMENT TO ALARM ORDINANCE ACTION REQUESTED: It is recommended that the City Council pass the Ordinance Amendment 1155.15, Subdivision 1. BACKGROUND: This ordinance amendment will take effect on January 1. 1989. As Council is aware, this is part of the alarm ordinance that was Passed oriq_inally on March 28. 1988. As we had been gearing up to administer this new ordinance through numerous and sundry contacts with the public. we have become aware of a provision that should be changed. Specifically. I am referring to the provision that allows the annual permit fee for an alarm system to be waived if a user obtains the permit during the month of December of the Preceding year. We did not allow for waiving an annual permit fee for systems that would be installed during the calender year. I believe it is only fittina and proper that we allow a person who wants to out an alarm system in his home during the calender year in question to obtain a free permit if application is made in a reasonable time. Please note that the discretion to waive the annual permit is left with the Public Safety Director. I promise to use my very best judgement if the Council passes this ordinance amendment. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council pass the ordinance amendment 1155.15. Subdivision 1, of the Plymouth City Code. This change will or should be perceived as a common sense application of the permit fees section of the ordinance. RJC:gs Enclosure LeFe%ere Lef let, hennedN, Drawz a Professional Association 2000 First Bank Place West June 22, 1988 Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Steven B. Schmidt John G. Kressel James M. Strommen Ronald H. Batty William P. Jordan William R. Skallerud Rodney D. Anderson Corrine A. Heine David D. Beaudoin Steven M. Tallen Mary Frances Skala Leslie M. Altman Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chamerlik Paul D. Baertschi Arden Fritz Clayton L. LeFevere, Retired Herbert P. Lefler, Retired Mr. Dick Carlquist Public Safety Director City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Amendment to Alarm Ordinance Dear Dick: Enclosed as you requested is a proposed ordinance amending Subsection 1155.15, Subd. 1 of the Plymouth City Code. Very truly yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ 7- Corrine A. Heine CAH:jh a:00660622.j48 Encl. o ¢od fo f CITY OF PLYMOUTH ORDINANCE NO. AN ORDINANCE AMENDING SUBSECTION 1155.15, SUBD. 1 OF THE PLYMOUTH CITY CODE (ORDINANCE NO. 88-13) RELATING TO WAIVER OF ALARM USER PERMIT FEE FOR NEW ALARM SYSTEMS THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES ORDAIN: Section 1. Subsection 1155.15, Subdivision 1 of the Plymouth City Code (Ordinance No. 88-13) is amended to read as follows: 1155.15. Permit Fees. Subdivision 1. Annual Permit Fee. The annual fee for an alarm user's permit shall be: Police - twenty-five dollars ($25.00), Fire - twenty-five dollars ($25.00). The annual fee shall be waived if the permit is obtained during the month of December of the preceding year. The Public Safety Director may waive the annual permit fee for an alarm system that has been installed during the calendar year in which the permit application is made. Section 2. This ordinance will take effect on January 1, ATTEST: Laurie Rauenhorst, City Clerk a:0066od0l.j48 Virgil Schneider, Mayor CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: June 24. 1988 for City Council Meeting of July 18, 1988 o TO: James G. Willis - City Manager FROM: Richard J. Carlouist - Public Safety Directo SUBJECT ORDINANCE AMENDMENT AFFECTING PLYMOUTH CITY CODE SECTION 131D5 AS IT PERTAINS TO POLICE RESERVES AND COMMUNITY SERVICE OFFICERS DIRECTING TRAFFIC ACTION REQUESTED: it is recommended that the City Council Pass the Ordinance Amendment affecting Plymouth City Code Section 13 05. BACKGROUND: We discovered a glitch. In order for civilians. i.e. our Commu- nity Service Officers and Police Reserves, to direct traffic, we must specifically authorize this by City Ordinance. I believe that it is necessary to have Community Service Officers and Police Reserves assistina us in traffic direction. It makes good sense cents)! In order to protect the City from any undue exposure to risk. we must have the authorization for these civilians mandated through our Plymouth City Code. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council Pass the accompanying ordinance amending Plymouth City Code Section 1305. This amendment will authorize what we've been doing all along. RJC:cis Enclosure 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Steven B. Schmidt John G. Kressel James M. Strommen Ronald H. Batty William P. Jordan William R. Skallerud Rodney D. Anderson Corrine A. Heine David D. Beaudoin Steven M. Tallen Mary Frances Skala Leslie M. Altman Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chamerlik Paul D. Baertschi Arden Fritz Clayton L. LeFevere, Retired Herbert P. Lefler, Retired L4(eN ere LeHer hennedN O'Brien K. D1-Iwz a Professional Association June 13, 1988 Mr. Richard J. Carlquist Public Safety Director City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Chief Carlquist: Enclosed please find a draft ordinance addressing the traffic control issue that you raised. I initially intended on defining police officers to include reserve officers and C.S.0.'s. However, I determined that this would be confusing with respect to other provisions of the City Code where police officer is intended to mean peace officer. As we discussed, I have left out any reference to the troublesome issue of civilians directing traffic. I think your assessment of the problems we could create by either specifically allowing or prohibiting this activity is accurate. Please advise me whether any changes are necessary. Thank you. Sincerely, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ 4/ aul D. Baertschi Assistant City Attorney PDB:lyn encl.(original) 0066LT03M63 ORD. NO. 88 - AN ORDINANCE RELATING TO TRAFFIC, MOTOR VEHICLES AND OTHER VEHICLES: ADDING SUBSECTION 1305.02 AND AMENDING SUBSECTIONS 1305.01 and 1305.03. THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code, Section 1305, is amended by adding a new subsection to read as follows: 1305.02. Traffic control. Subdivision 1. Traffic officers defined: For purposes of Subsections 1305.01, 1305.02 and 1305.03, traffic officer means the following persons employed by the City of Plymouth: a reserve officer as defined by Minn. Stat. Section 626.84, subd. 1(g), or a community service officer as defined in subsection 2000.09, subdivision 1. Subd. 2. Authorization; penalty. Police and traffic officers as defined in this subsection are authorized to regulate traffic. Directions of a police or traffic officer take precedence over all traffic control devices. Willful failure or refusal to comply with a lawful order or direction of any police or traffic officer is a misdemeanor and is punishable in accordance with Section 115 of the Code. Sec. 2. Plymouth City Code, subsection 1305.01, subdivision 4 is amended to read as follows: Subd. 4. Barrier; Warnings. Any street or area may be closed to vehicular or pedestrian traffic or to parked cars at any hour by the stationing of a police or traffic officer at both ends of said street or area, who shall then direct traffic, or during the daylight hours by posting or erecting suitable signs, flags or barriers at both ends of the street or area so designated, stating the restriction imposed and by whose authority said restriction is imposed, or at night by the placing of suitable barriers and warning lights or flasher signals at both ends of the street or areas so designated. Drivers shall obey police and traffic officers and barriers, flags, signs, lights, or signals so placed. Sec. 3. Plymouth City Code, subsection 1305.03 is amended to read as follows: 1305.03. Cutting Accross Private Property. It is unlawful to disobey the instructions of an official traffic control device unless otherwise directed by a police or traffic officer, by driving into or across private property so as to obviate the need to comply with said traffic control device. Sec. 4. This ordinance is effective upon publication in accordance with Subsection 110.11. Adopted this day of Mayor ATTEST: Clerk 0066TOO1M63) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 5, 1988 for Council Meeting of July 11, 1988 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM : John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS ACTION REQUESTED: We have received a request from the developers for a bond reduction to reflect completed work in their development. The City has made inspections of the work and I recommend that the attached resolution be adopted. This development is: 1. Quail Ridge of Plymouth 3rd Addition (87133) Jo R. Sweeney RS:kh attachment: Resolutio CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: X 'X adoption: iCXX meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND QUAIL RIDGE OF PLYMOUTH 3RD ADDITION (87133) WHEREAS, in accordance with the development contract dated May 16, 1988, Cenvesco, Inc., developer of Quail Ridge of Plymouth 3rd Addition (87133), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction $ Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements See Permit No. 12929) Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 74,360 34,360 46,969 0- 44,515 0- 7,741 0- 7,000 7,000 0- 0- 150 150 0- 0- 0- -0- 21,688 4,981 202,423 $ 46,491 That the letter of credit required for the above items be reduced as detailed above from $91,292 to $46,491 to reflect the completed work. Resolution No. 88 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $-0- $-0- Letter of Credit: $-0- $-0- The Required Financial Guarantee for these items is included in grading Permit No. 12929. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX CITY OF PLYMOUTH * - Q 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: June 30, 1988 TO: James G. Willis, City Manager FROM: Laurie Rauenhorst, City Clerk SUBJECT GAMBLING EXEMPTION - PLYMOUTH CHAPTER OF DUCKS UNLIMITED ACTION REQUESTED: The City has received an application for Lawful Gambling Exemption from the Plymouth Chapter of Ducks Unlimited to hold one raffle on September 14, 1988. The drawing will be held at Scanticon, 3131 Campus Drive. The City Code provides that up to five raffles can be held in one year at one liquor establishment. This is the first raffle held in this location this year. Proceeds of the raffle will be sent to the National Headquarters of Ducks Unlimited. The Police Department has found no reason to deny the license. A resolution approving the exemption is attached and recommended for adoption. Pursuant to City Council day of present: CITY OF PLYMOUTH due call and notice thereof, a meeting of the of the City of Plymouth, Minnesota, was held on the 19 88 . The following members were The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING LAWFUL GAMBLING EXEMPTION PLYMOUTH CHAPTER OF DUCKS UNLIMITED WHEREAS, the City has received notice of an application from the Plymouth Chapter of Ducks Unlimited to the Minnesota Charitable Gambling Control Board for a lawful gambling exemption to operate a raffle on September 14, 1988; and WHEREAS, the Council has reviewed the request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for a lawful gambling exemption for the Plymouth Chapter of Ducks Unlimited. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: June 30, 1988 for City Council Meeting July 11, 1988 TO: James G. Willis, City Manager R FROM: Al Cottingham, Associate Planner through Blair Tremere, Community Development Director SUBJECT APPEAL OF BOARD OF ZONING RULING BY JEROME BEGIN (01-01-88) ACTION REQUESTED: Adopt the Resolution for Denial, upholding the Board's action. A Resolution granting the appeal of the Board's action is also attached, per Council policy. BACKGROUND: The petitioner is appealing the Board of Zoning ruling which denied the Variance. On June 14, 1988, the Board of Zoninq Adjustments and Appeals denied the Variance request by Jerome Begin, 5590 Juneau Lane North by unanimous vote. The Variance requested is from the Shoreland Management District standards and the minimum front yard setbacks. Mr. Begin is appealing the Board's ruling as provided by Section 11, Subdivision C., of the Plymouth Zoning Ordinance. PRIMARY ANALYSIS AND ISSUES: The request is for a 100 ft. variance for a 100 ft. Shoreland Management setback, and a 35 ft. variance for a 15 ft. front yard setback for a new home. The home could be built within Ordinance standards, notwithstanding the desires of the owner. The appli- cant does not cite reasons for the appeal; the basis for the request are presumably the same as the initial petition. RECOMMENDATON AND CONCLUSION: Staff supports the Board ruling. Attachments 1. Resolution Denying Appeal 2. Resolution Approving Appeal and Variance 3. Board of Zoning Adjustments and Appeals Minutes 4. Correspondence 5. Board of Zoning Staff Report CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - DENIAL OF APPEAL BY JEROME BEGIN OF BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING 01-01-88) WHEREAS, Jerome Begin, pursuant to Section 11, Subdivision C., of the Plymouth Zoning Ordinance has appealed the June 14, 1988 ruling of the Board of Zoning Adjustments and Appeals relative to his request for a variance from the minimum Shoreland Management and front yard setbacks at 5590 Juneau Lane North; and, WHEREAS, the Board of Zoning Adjustments and Appeals considered the matter and a ruling was made to deny the variances requested; and, WHEREAS, the City Council has reviewed the proceedings of the Board of Zoning Adjustments and Appeals, as well as the petitioner's application for the variance; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the appeal by Jerome Begin of the Board of Zoning Adjustments and Appeals ruling for the following reasons: 1. Granting the appeal would establish an undesirable precedent in the City. 2. Standards for a variance have not been met. 3. A new home could be constructed within the Ordinance required setbacks. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING APPEAL BY JEROME BEGIN OF BOARD OF ZONING ADJUSTMENTS AND APPEALS RULING 01-01-88) WHEREAS, Jerome Begin, pursuant to Section 11, Subdivision C., of the Plymouth Zoning Ordinance has appealed the June 14, 1988 ruling of the Board of Zoning Adjustments and Appeals relative to his request for a variance from the minimum Shoreland Management and front yard setbacks at 5590 Juneau Lane North; and, WHEREAS, the Board of Zoning Adjustments and Appeals considered the matter and a ruling was made to deny the variances requested; and, WHEREAS, the City Council has reviewed the proceedings of the Board of Zoning Adjust- ments and Appeals, as well as the petitioner's application for the variance; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the appeal by Jerome Begin of the Board of Zoning Adjustments and Appeals ruling based on the following: 1. Ordinance Variance Criteria have been met. 2. Approval is granted for a variance for a maximum 100 ft. encroachment into the required Shoreland Management setback and a maximum 35 ft. encroachment into the required front yard setback. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. WAM80-i P. I:3EGIN CUNTR C "TING 'U. June 17, 1.988 Al Cottingham Associate Planner City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 13600 COUNTY RD. 9 PLYMOUTH, MN 55441 559-3900 559-3073 Subject: Variance Request at 5590 Juneau Lane North Dear Mr. Cottingham: We would like to have you put us on the Council Agenda, as soon as possible, to pursue our request for a building permit for our five acre parcel at Pomerleau Lake. If you need anything other than this written request, please call us at 559-2311, or 559-2480. Thank you. Singerely yours, Betty & Jerome Begin CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT 5 t4 STAFF REPORT TO BOARD OF ZONING ADJUSTMENTS AND APPEALS REPORT DATE: June 7, 1988 MEETING DATE: June 14, 1988 FILE NO.: 01-01-88 PETITIONER: Jerome Begin REQUEST: Variance from the Shoreland Management setback and front yard setback to allow the construction of a new dwelling. The petitioner is seeking a 100 foot setback from the Ordinary High Water Mark versus the Ordinance minimum, 200 feet, and a 15 foot front yard setback versus the Ordinance minimum 50 feet. LOCATION: 5590 Juneau Lane North GUIDE PLAN CLASS: LAR (Living Area Rural) ZONING: FRD (Future Restrict- ed Development) BACKGROUND: The Board of Zoning reviewed this request at the January 13, 1988 and April 12, 1988 meetings and defered this item so the petitioner could reduce the encroachment into the setbacks and show the Board that this is the only location that a structure could be placed, due to other physical constraints. Property owners within 100 feet have been notified. Attached is a copy of the variance criteria for reference. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner states they have checked many alternatives and this location sets the house as far away from the lake and Juneau Lane as practical, leaving a buildable homesite. 2. He believes the location meets the direction of the Board given at the April 12, 1988 meeting with this location. 3. The petitioner seeks approval for the specific dwelling design he prefers. PLANNING STAFF COMMENTS: 1. This land has a unique shape and topography; much of the parcel is marshland or flood plain, thus leaving a small portion which is buildable within the ordinance required setbacks. 2. A variance from either the Shoreland Management Ordinary High Water Elevation setback (200 from the OHW) or the front yard setback (50 feet), but not both, would be in order for a single family dwelling of reasonable dimensions. Further, the degree of variance is a significant consideration. The requested magnitude of variance seems excessive. It could be less. The proposed home could be relocated so to not have as great an impact on the lake, thus having a greater setback and lesser variance. It appears that this same home could be constructed with less encroachment into the respective yards. Staff Report/Jerome Begin. Board of Zoning Adjustments and Appeals June 7, 1988 Page 2 3. There is little rationale to grant the variance as requested, which could establish an undesirable precedent for vacant lots on this and other lakes. The buildable portion of this lot may not suit the petitioner's desgn preferences, but a 100 foot setback versus the 200 foot setback from the OHWM does not have merit. 4. The Board has deferred this item twice for redesign to lessen the impact on the Shoreland Management setbacks. The petitioner has reduced the setback to what they believe is reasonable. Staff believes this item should receive final action at this time. RECOMMENDATION: We recommend denial of the request submitted by Jerome Begin for a variance from the minimum Shoreland Management setback and front yard setback for property located at 5590 Juneau Lane North, for the reasons stated in the draft resolution. Submitted By: Al Cottingham, Assoc to Planner ATTACHMENTS: 1. Draft Resolution 2. Location Map 3. Lot Drawing 4. January 12 and April 12, 1988 BOZA Minutes 5. Petitioner's Correspondence 6. Variance Criteria CITY OF PLYMOUTH Pursuant to due call and notice thereof, a _ Zoning Adjustments and Appeals of the City the day of present: The following members were absent: adoption. of Plymouth, 198 The meeting of the Board of Minnesota, was held on following members were introduced the following Resolution and moved its RESOLUTION NO. 88 - DENYING VARIANCE REQUEST FOR JEROME BEGIN, 5590 JUNEAU LANE NORTH (01-01-88). WHEREAS, Jerome Begin has requested approval of a 100 foot encroachment into the Shoreland Management setback of 200 feet, and a 35 foot encroachment into the front yard setback of 50 feet, in order to construct a new home on the northwest side of Pomerleau Lake; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS, OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request Jerome Begin, for a 100 foot variance to allow a 100 foot Shoreland Management setback and 35 foot variance to allow a 15 foot front yard setback for a new home, on the northwest side of Pomerleau Lake at 5590 Juneau Lane, for the following reasons: 1. The variance criteria have not been met. 2. A home could be constructed with lesser impact on both the Shoreland Management setback and the front yard setback. The motion for adoption of by following voted in favor thereof: the foregoing Resolution was duly seconded and upon vote being taking thereon, the The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, Zoning Adjustments and Appeals of the the day of present: The following members were absent: adoption. a meeting of the Board of City of Plymouth, Minnesota, was held on 198_ The following members were introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING VARIANCE REQUEST FOR JEROME BEGIN, 5590 JUNEAU LANE NORTH (01-01-88). WHEREAS, Jerome Begin has requested approval of a 100 foot encroachment into the Shoreland Management setback of 200 feet, and a 35 foot encroachment into the front yard setback of 50 feet, in order to construct a new home on the northwest side of Pomerleau Lake; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS, OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request Jerome Begin, for a 100 foot variance to allow a 100 foot Shoreland Management setback and 35 foot variance to allow a 15 foot front yard setback for a new home, on the northwest side of Pomerleau Lake at 5590 Juneau Lane, for the following reasons: 1. The variance criteria have been met. 2. No other variances are granted or implied by this action. The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taking thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. GOV " LOT 2 I GOVT LOT I J^ • I' 1 r, e I k i i I 1 , 1 1 r PMERE EAU LAKE S w •.. r I sr ,• I GOVT LOT 3 GOVT LOT 1 O r•r •cr 510Ra SE•fR DISIRICI BO(l.QRRr o... ... w ac PENCES89°4120 E 257.11 Noah Gov't Loo 3 f of u ,, setback line\, A BUILDABLE AREA N ; s:` : '` W//0 VARIANCE U IPA 9 '}' ti l j c L M , Q\ N l A10, ci Q p ' 000 / NCE aMLdllO e i. ._ • `// THE CITY OF PLYMOUTH BOARD OF ZONING ADJUSTMENTS AND APPEALS APRIL 12, 1988 The Regular Meeting of the Board of Zoning Adjustments and Appeals was called to order at 7:35 P.M. MEMBERS PRESENT: Chairman Quass, Commissioners, Anderson Bigelow, Naftzger, Patterson, Porzio and Stulberg STAFF PRESENT: Associate Planner Al Cottingham and Building Official Joe Ryan MINUTES MOTION was made by Commissioner Patterson, seconded by Commissioner Porzio to approve the March 8, 1988 Minutes as amended. MOTION TO APPROVE VOTE. 5 Ayes. MOTION carried. Chairman Quass VOTE -MOTION and Commissioner Naftzger abstained. CARRIED D BUSINE Chairman Quass introduced the Board Members and reviewed the variance criteria as contained in the Zoning Ordinance. Chairman Quass stated that this item was JEROME BEGIN. before the Board at the January 12, 1988 VARIANCE FROM meeting and was deferred to allow the SHORELAND petitioner to work with the Department of MANAGEMENT AND Natural Resources (DNR) to determine the FRONT YARD location of the Ordinary High Water Mark OHW) SETBACK. and to resolve issues concerning illegal fill into the lake. Mr. Sherman Goldberg, representing the Begins, was present. Mr. Goldberg discussed the DNR permit noting that there are still issues to be resolved, but the DNR was satisfied with the location of the OHW on this survey and the application could move forward. Commissioner Bigelow questioned the concerns of the DNR and what should happen to satisfy these concerns. Minutes - Board of Zoning Adjustments and Appeals April 12, 1988 Page 2 Mr. Goldberg noted that the land north of the retaining wall needed to be sodded and possibly the removal of some fill in the lake, in order to reduce the size of the beach area. He stated they were currently working with the DNR to resolve this. Commissioner Stulberg inquired as to the possibility of moving the house closer to Juneau Lane and reducing the variance being requested. Mr. Goldberg believed they could move the home back 100 feet but any further, the lot becomes too narrow and would not accommodate this home. Commissioner Anderson inquired as to the possibility of upgrading Juneau Lane. Associate Planner Cottingham noted that it had been upgraded from a gravel road to bituminous street two years ago and no further upgradings are planned until sewer and water comes into this area. This is not expected for some time. Commissioner Anderson inquired if the drainfield for the home had to be 200 feet. Associate Planner Cottingham responded that it could be as close as 150 feet. Chairman Quass believed that the DNR concerns had not been addressed and this item should not be back before the Board. Mr. Goldberg believed the issue with the OHW mark had been resolved but they are still working with the DNR concerning the illegal filling of part of the wetland. Chairman Quass stated that a permit was issued to fill part of the area but the petitioner filled beyond that area. In his mind this was still an issue that should be resolved prior to the Board's action. Associate Planner Cottingham noted there were two different issues. The City could work with the DNR to help resolve the illegal fill Minutes - Board of Zoning Adjustments and Appeals April 12, 1988 Page 3 issue; but, from a variance standpoint, the OHW has been established and the DNR confirms that location is acceptable. The board could add a condition to an approval, if an approval is appropriate, that would require the isslegal fill issue to be resolved prior to the issuance of Building Permits. Commissioner Anderson inquired if the Ordinance required a certain distance between the drainfield and the home. Building Official Ryan responded affirmatively, but he was not sure as to the distance. Chairman Quass inquired as to the required distance between a well and a drainfield. Building Official Ryan responded he believed it is 75 feet. Chairman Quass believed that a variance is warranted, but to what degree he was not sure. Commissioner Stulberg noted his concern that the petitioner had not followed the Board's direction in showing an alternative location for the home; but, showing it where they wanted it. Commissioner Naftzger noted his concern at having an encroachment to this degree. He believes the encroachment should be reduced. This was requested of the petitioner at the last meeting and the location of the home has not changed. Commissioner Anderson noted that plans should be submitted if the Board is to approve an alternative location. Mr. Goldberg stated they could return with other locations. Chairman Quass noted the Board had three options. (1) Defer for redesign; (2) Approve the request as submitted; (3) Deny the request as submitted and let them appeal to the City Council, if they wish. Associate Planner Cottingham agreed with Commissioner Quass; but, noted that, if the Board defers the request, they should give Minutes - Board of Zoning Adjustments and Appeals April 12, 1988 Page 4 direction to the petitioner as to the redesign. Commissioner Stulberg believed the petitioner should minimize the impact on the lake and show the Board that this is the only possible location for the structure. Commissioner Naftzger agreed with Commissioner Stulberg and believed the petitioner should have a strong rationale for the proposed location. He stated that this did not mean a variance would be granted. Chairman Quass inquired as to this setback versus other setbacks for homes on other lakes. Associate Planner Cottingham cautioned comparing this setback with others on other lakes as there is only one other lake in the City that has the same Shoreland classification as this lake, and it only has two homes on it. Chairman Quass said he was looking for what the petitioner could live with as far as their feasible setbacks. Commissioner Bigelow noted that it would be beneficial if the Board were supplied with a cutout of the proposed home to determine other possible locations on the lot. MOTION was made by Commissioner Stulberg, MOTION TO TABLE seconded by Commissioner Bigelow to table this request for redesign/relocation of the structure to minimize the impact on both the Shoreland setback and the front yard setback. VOTE. 7 ayes. MOTION carried. VOTE - MOTION CARRIED Planner Cottingham stated he would again notify property owners when this request would be back before the Board. ADJOURNMENT The meeting adjourned at 8:40 P.M. THE CITY OF PLYMOUTH BOARD OF ZONING ADJUSTMENTS AND APPEALS JANUARY 12, 1988 The Regular Meeting of the Board of Zoning Adjustments and Appeals was called to order at 7:30 P.M. MEMBERS PRESENT MEMBERS ABSENT: STAFF PRESENT: Chairman Quass, Commissioner Anderson, Bigelow, Stulberg, Naftzger and Patterson Commissioner Porzio Associate Planner Al Cottingham and Building Official Joe Ryan MOTION was made by Commissioner Naftzger, seconded by Commissioner Patterson to approve the December 8, 1987 Minutes as amended, and subject to seeing the approving resolutions. VOTE. 5 Ayes. Commissioner Stulberg abstained MOTION carried. NEW BUSINESS: Chairman Quass introduced the Board members and reviewed the variance criteria as contained in the Zoning Ordinance. The request submitted by Jerome Begin was introduced for a variance from the minimum Shoreland Management setback and front yard setback for property located at 5590 Juneau Lane North, per the January 6, 1988 staff report. Mr. Sherman Goldberg, P.E., representing Jerome Begin gave a review of the request, noting the lines on the survey showing a 200 foot setback from the Ordinary High Water Mark and a 35 foot setback from the right-of-way of Juneau Lane. He pointed out to the Board that if a home was built on this property prior to 1982, when the City adopted the Shoreland Regulations, they could have placed the home where requested. He further noted there was very little room elsewhere on the property to place a home, without the need for a variance. MOTION TO APPROVE VOTE -MOTION CARRIED Minutes for Board of Zoning Adjustments and Appeals January 12, 1988 Page 2 Commissioner Anderson inquired if the staff report was written prior to receiving the Department of Natural Resources letter on this application. Associate Planner Cottingham responded affirmatively, but stated it did not change the request and if a structure were placed on this property, it would require a variance, either from the Shoreland Management setback, the front yard setback, or both. Commissioner Bigelow inquired as to the upgrading of Juneau Lane. Associate Planner Cottingham responded that it was not anticipated in the near future since it was paved one and one-half years ago. Utilities will not be available until sometime after the year 2000. Commissioner Anderson inquired of the DNR's concern with the fill which has been placed below the Ordinary High Water Mark, and the 936.4 elevation on the survey is not the OHM for this lake. Asociate Planner Cottingham noted they were valid concerns with the fill being placed below the OHW, but the 936.4 elevation on the survey was accurate even though it is not O.H.W. mark. Discussion continued regarding the violations of the encroachment into the wetlands and the fact that the survey is based on existing conditions and not those that would be there after corrections were made to satisfy the DNR concerns. Chairman Quass noted his concern with the closeness of this home to the lake and the precedent which would be set for other homes in the area. Mr. Goldberg responded that the applicant just wanted to enjoy the lake and surroundings. Commissioner Quass noted if the home were professionally designed, it could come close to maintaining the required setbacks. Commissioner Naftzger inquired as to the area located northeast of the creek. Associate Planner Cottingham responded that area is within a Flood Plain area and was not buildable. Mr. Don Pertinen of 1611 Highway 10 NE, stated he has purchased a number of lots on the east side of the lake and was concerned with the granting of a variance and the impact it would have on the lake. He agrees with the DNR report noting the corrections should be made to the site and then Minutes for Board of Zoning Adjustments and Appeals January 12, 1988 Page 3 see if there is area left for placing a home. He further commented that there are several vacant lots on the north and east sides of this lake that would need to adhere to the required setbacks. He was concerned with the precedent that was set. Chairman Quass inquired if the lots Mr. Pertinen owned had some of the same constraints as this property. Mr. Pertinen responded negatively; however, if they chose to save some major trees, and have a better view of the lake, then they would have some of the same constraints. Commissioner Naftzger inquired when the Begins purchased this property. Mr. Goldberg responded, the land was acquired 1975. Commissioner Naftzger inquired when the Shoreland Management portion of the Ordinance was inacted. Associate Planner Cottingham responded the regulations were adopted in December, 1982. Commissioner Naftzger stated that a survey should be done which represents the accurate elevations of this site and in accordance with the DNR concerns addressed in their letter. Mrs. Betty Begin inquired if all the Board members had visited the site. Commissioner Quass responded affirmatively. Mr. Jerome Begin stated they should see the site and where they were proposing to place their home. Commissioner Stulberg believed the differences with the DNR should be resolved prior to the Board taking action on this application. The petitioner should meet with them to resolve these issues along with placing the home elsewhere on the lot to lessen the variances. He also stated the 937 foot elevation should be drawn on the plans. MOTION was made by Commissioner Patterson, seconded by Commissioner Stulberg to table this request until the DNR concerns have been resolved, and until an alternative placement of the home has been considered to lessen the impact on the lake. VOTE. 6 Ayes. MOTION carried. Commissioner Patterson inquired if the representative from the DNR could be available when this item is acted upon. Associate Planner Cottingham stated he would check with the DNR to see if it would be possible. MOTION TO TABLE REQUEST VOTE -MOTION CARRIED Minutes for Board of Zoning Adjustments and Appeals January 12, 1988 Page 4 The meeting adjourned at 8:40 P.M. SHERMAN GOLDBERG & ASSOCIATES 12115 48TH AVE. NO. PLYMOUTH,MN 55442 APRIL 21,1988 RE:VARIANCE REQUEST JEROME & BETTY BEGIN DEAR AL: PERSUANT TO THE DIRECTION RECEIIVED FROM THE ZONING BOARD AT THEIR APRIL 12,1988 MEETING, I'M .SUBMITTING A PLAN WHICH PLACES THE HOUSE ON THE LOT MINIMIZING THE REQUESTED VARIANCES. I HAVE EXPLORED MANY ALTERNATIVES AND THIS LOCATION SETS THE HOUSE AS FAR AWAY FROM THE LAKE AND JUNEAU LANE AS PRACTICAL AND STILL HAVE A BUILDABLE HOME SITE. THE PROPOSED LOCATION WOULD1REQUIRE THE FOLLOWING VARIANCES: 1. -JUNEAU LANE -15 FEETCASSUMING 33' IS TAKEN FOR JUNEAU LN R/W IN THE FUTURE & THE REQUIRED SETBACK IS 50' FROM NEW R/W LINE. 2.-O.H.W.-100 FEET I WOULD APPRECIATE IT IF YOU COULD SCHEDULE THIS REQUEST FOR THE MAY 10,1988 BOPARD MEETING. I HAVE TRIED TO STAY WITHIN THE BOARD'S DIRECTION BUT IF YOU FEEL I HAVE NOT PLEASE CALL ME SO WE CAN DISCUSS ANY QUESTIONS YOU HAVE. THANK . SHERMAN GOLDBERG MMENT LW 161968 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPT. 0 ZONING C)RWNP%tVC.F- VAK1NNC.-F.- 67AtilDP RDS 1) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance Is sought and are not applicable, generally, to other property within the same zon- ing classification. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4) That the alleged difficulty or hardship Is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. S) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the con- gestion of the public streets, or increase the danqer of fire, or endanger the public safety, or substantially diminish or impair property values within the nelghborhood.