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HomeMy WebLinkAboutPlanning Commission Packet 10-26-1988IV 5E CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 18, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88124 PETITIONER: Hillsborough Manor, Inc. REQUEST: Revised Preliminary Plan/Plat and Conditional Use Permit for Boulder Ridge (formerly Harrison Hills 3rd Addition) to construct 53 single family attached housing units on a site of 12.8 acres. (Net of ponding areas) LOCATION: Southeast corner of County Road 10 and Zachary Lane GUIDE PLAN CLASS: LA -2 (Low Density Multiple Residence) ZONING: RPUD 80-2 BACKGROUND: In August, 1979, the City Council approved an RPUD Concept Plan for "Harrison Hills" which included this parcel as part of an 82.9 acre site. This approved Concept Plan was later revised by the City Council under Resolution No. 80-143. The approved density for the 82.9 acre site was 3.8 units per acre, based on a total of four bonus points with a maximum number of units equalling 252. In June, 1980, the City Council approved a Preliminary Plan/Plat and Conditional Use Permit for Harrison Hills. This proposal specified development would occur in four phases and that the maximum total number of dwelling units, subject to Final Site Plan approval, would be 252. Project density was established at 3.8 units per net acre granting 2 bonus points for project scale and 2 bonus point for "affirmative design... private/public open space". The Final Plat for Harrison Hills Addition was approved by Resolution No. 81- 02 in January, 1981, and included a plat for 59 single family lots, 3 common lots, and an outlot. Resolution No. 83-293 revised the Preliminary Plan/Plat and Conditional Use Permit for "Harrison Hills" to change the housing type to single family detached, townhouses and condominiums, with a maximum number of units to be 252, as originally approved. The site under consideration at this time, Ir Staff Report (88124) October 18, 1988 Page 2 Phase III", was approved to include 104 condominium units and 7 multiple family buildings. In August, 1983, the City Council approved a Final Plat under Resolution No. 83-409 for Harrison Hills 2nd Addition, RPUD 80-2. This plat included 70 single family residential lots. The site under consideration at this time, was platted as Outlot B by this action. In 1987, an Application was presented to amend the site under consideration at this time as to Concept Plan and Preliminary Plat/Plan from the 104 condominium units previously approved to a design of 28 single family detached lots and 76 units in an apartment/condominium building on one lot. At its meeting on January 13, 1988, at the request of the developer, the Planning Commission acted to defer consideration of this proposal. On September 28, 1988, Hillsborough Manor, Inc. formally withdrew the 1987 Application to amend the RPUD Preliminary Plat for the Harrison Hills 3rd Addition. A Public Hearing notice has been published in the Official City Newspaper and all property owners within 500 feet have been notified. A development sign has been placed on this property. PRIMARY ISSUES AND ANALYSIS: 1. The Application now presented for "Phase III" of the "Harrison Hills" project returns to the 100% "attached" dwelling unit style approved in 1983. Staff has not required a new Concept Plan with this Application in that there really is no major change in concept (attached housing totally), but rather a reduction in unit count (from 104 to 53); and an increase in the number of structures from 7 to 15. The spot density of Phase III is reduced from a previous 8.13 units per net acre to a proposed 4.14 units per net acre. 2. Since the current Application makes no reference to an amendment involving the previously approved Phase IV of Harrison Hills, that stage remains at 19 units and the overall project scale is reduced from 252 units to 201 units. The overall project density therefore is reduced from the previous 3.8 units per net acre to a proposed 3.03 units per net acre. The density falls within the LA -2 range with a single bonus point. With 66 acres above the ordinary high water mark, the overall Harrison Hills RPUD is eligible for 2 bonus points "by right", or 3.4 units per net acre. Therefore, on site size alone, this amendment proposed results in the overall project not using all bonus density available. 3. The Applicant proposes that this "Phase III" of the overall Harrison Hills RPUD be itself phased into a Phase I (15 units) and a Phase II (38 units). The staging plan directly reflects the relationship of the respective unit counts to the two cul-de-sac streets proposed to serve the development. 4. The Zoning Ordinance provides the Planning Commission criteria upon which to analyze and make a recommendation concerning an RPUD Preliminary Staff Report (88124) October 18, 1988 Page 3 Plat/Plan. Those same criteria are equally applicable to a Revised Preliminary Plan/Plat such as is under consideration here. Those criteria and the response provided by the Petitioner are as follows: a) Compatibility with the stated purposes and intent of the Planned Unit Development. Those purposes are generally spelled out in Paragraph 1 of Subdivision B, Section 9 of the Zoning Ordinance. The Petitioner, in his narrative under "requested action", addresses the relationship of the project to the expected Planned Unit Development attributes found within the Ordinance citation noted above. The Applicant states that the proposed Preliminary Plat/Plan amendment is both consistent with the previously approved PUD plan and represents an improvement over the previously approved plan for this area, while continuing to preserve the natural site characteristics and the elements of good professional design expected in a Planned Unit Development. b) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the City's Comprehensive Plan and to other provisions of the Zoning Ordinance. The present plan for this site is responsive to the Land Use Guide Plan with respect to project density and structure type (density, when combined with the other three phases of the Harrison Hills RPUD). The neighborhood to which this particular phase of the Harrison Hills plan must relate is separated from the project by a major collector (Zachary Lane) and a minor arterial (County Road 10). Because of this, a harmonious physical relationship is not difficult to achieve. A primary concern with this plan is the need to intersect Zachary Lane across from existing 57th Avenue North to the west. The plan has accomplished that requirement. c) Internal organization and adequacy of various uses or density: circulation and parking facilities: recreation areas and open spaces. The plan now proposed as Phase III of Harrison Hills provides a double cul-de- sac internal circulation plan; densities consistent with the guiding of the site; and recreation/open spaces equal to 36% of the net site acreage. Not including storm water drainage areas). The recreational amenities proposed are reasonably centralized and are addressed to an adult population. No strictly child -related facilities are proposed. 5. The front yard setback proposed by the Petitioner with this amendment is 20 feet minimum on internal streets and 50 feet minimum on Zachary Lane/County Road 10. The 20 foot setback on internal streets constitutes a change from the original Preliminary Plan approval whereby 35 feet was the stated internal street setback distance, except 20 feet under special circumstances for areas south of the Phase. Imo 20 feet setbacks were previously approved for this area of Harrison Hils. A setback to internal streets of 35 feet in this area is clearly established by Concept Plan and Preliminary Plan approval resolutions. The Applicant provides no Staff Report (88124) October 18, 1988 Page 4 narrative discussion of the proposed change in setbacks. Although not stated in the project narrative, other setbacks to property lines proposed on the plan are 10 feet sideyard and 20 feet rearyard. Both dimensions are consistent with the previously approved RPUD plan. PLANNING STAFF COMMENTS: 1. The proposed amended plan for "Phase III" of the Harrison Hills RPUD does respond to the criteria the Zoning Ordinance specifies for the Planning Commission to consider in the review of any RPUD Preliminary Plat/Plan. Specifically, the plan does exhibit consistency with Comprehensive Plan elements; presents a workable internal circulation plan and private open space of reasonable scale; and generally responds to the previously approved Concept Plan for this site, but at a reduced density. On balance, this plan is as good or better a Preliminary Plat/Plan response to the originally approved Concept Plan as that last previously approved for this "Phase III" site. The 1987 plan was never formally addressed by the Planning Commission and is therefore not being considered. 2. An important element of Phase III development is the extension of sanitary sewer both to this site and to existing development of the Harrison Hills project to the south. An important of the approval of this Preliminary Plat/Plan will be the extension of public sewer to eliminate the need for the temporary lift station located south of this site. 3. We note the specific lack of recreation facilities for younger residents of this proposed development. While we recognize the probable marketing direction as being toward adults, we do anticipate that there will be youngsters residing within the area and that there should be private recreational facilities for them as well. The Final Plat/Plan should be directed to both further detail the private open space facilities now proposed, and provide for additional facilities addressing future younger residents. A lack of complete plans with prior stages of this RPUD has resulted in difficulty in defining developer responsibilities during construction of private open space improvements. RECOMMENDATION: We hereby recommend approval of the subject Preliminary Plat/Plan for the Boulder Ridge phase of the Harrison Hills RPUD. We have attached a draft resolution providing for approval subject to a number of conditions. Submitted by: Charles E. Di leru , Community Development Coordinator Staff Report (88124) October 18, 1988 Page 5 ATTACHMENTS: 1. Draft resolution for approval of the amended Preliminary Plan/Plat and Conditional Use Permit. 2. Engineer's Memo 3. Location Map 4. Resolution No. 80-372 5. Resolution No. 80-143 6. Resolution No. 83-293 7. RPUD Preliminary Plat/Plan Review Criteria 8. Petitioner's narrative 9. Large plan N APPROVING REVISED RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT AMENDMENT FOR "BOULDER RIDGE" (RPUD 80-2)(88124) WHEREAS, Hillsborough Manor, Inc. has requested approval for a Revised Residential Planned Unit Development Preliminary Plan/ Plat and Conditional Use Permit Amendment for Phase III of the Harrison Hills (RPUD 80-02), to be known as Boulder Ridge, to change the type of housing to single family attached townhouses with the number of units to be 53, located in the Southeast Quadrant of Zachary Lane and County Road 10; and, WHEREAS, The City Council approved the RPUD Preliminary Plan and Plat through Resolution No. 83-293; 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 hereby does approve the request by Hillsborough Manor, Inc. for a Revised Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit Amendment for Boulder Ridge (RPUD 80-2) located in the Southeast Quadrant of Zachary Lane and County Road 10 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 municipal sewer and water are physically available to the sites. 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. Yard setbacks are approved per the RPUD Plan, specifically 50 feet to Zachary Lane and County Road 10; 35 feet to internal streets; 10 feet side and 20 feet rear. 10. Appropriate legal documents regarding Homeowner Association covenants and restrictions as approved by the City Attorney, shall be filed with the Final Plat. 11. Detailed construction drawings of proposed private recreation area, to include facilities for children, as well as the trail system, with the Final Plat application. 12. Staging of development shall be in accordance with utility availability as approved by the City Engineer. Those areas which cannot be serviced with utilities at this time shall be platted as outlots in the Final Plat. 13. Submission of required Site Improvements Performance Agreement and financial guarantees for completion of site improvements. 14. Any signage shall be in compliance with the Ordinance and final detailed plans shall be submitted with the Final Plan/Plat application. 15. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 16. All streets serving platted single family attached dwellings in the development shall be public. 17. Public sanitary sewer shall be extended to replace the temporary lift station as a function of the initial final plan for this stage. 18. All private trails shall be constructed to the City of Plymouth trail design standards. 19. All trail and private open space grading, landscape and facility construction shall be completed, and approved by the City, prior to Occupancy Permit issuance for residences adjoining trails or private open space. 20. A sign with a map showing all approved lots and public and private open space, trails, and amenities shall be displayed at all entrances to the subdivision so all prospective buyers know their location. 21. Slopes and trees along the Bass Creek Conservation area are not to be distrubed by construction except where necessary to install sewer and water, and that necessity is to be reviewed and approved by the City Engineer. 22. The Final Plat resolution setting conditions and the Development Contract shall contain provisions of the tree preservation process including the penalty of $50.00 per caliper inch and a $15,000.00 performance guarantee. 2- i.. O Pursuant to due call an6otice thereof, a regular meeting oftheCityCounciloftheCityofPlymouth. Hinnesota was-TeTdonthe 16th day of June 19 80 The following memhers we e present', ,, u, t. Coun'ilmembers Davenport, Hoyt, Neils and Schneider The fol low n mem ers were a sent: _None _— Councilmember Schneider introduced the following Resolution and moved its a option: RESOLUTION NO. 80-372 APPROVING PRELIMINARY PLAT/PLAN AND CONDITIONAL USE PERMIT FOR HEWITT PETERSO" FOR "HARRISON HILL" RPUD /80-1 (79055) WHEREAS, Hew i•.t Peterson has requested approval of preliminary plat/plan and conditional ;se permit for a residential planned unit development known as Harrison Hiils" located at the southeast corner of Zachary Lane and CountyRoad10; amj WHEREAS, tiie City Council has approved a concept plan for the proposed RPUD under Resclution #80-143; and WHEREAS, the Planning Commission following a duly called public hearing as re:ommer,ded approval of the request; NOS, TiERFFORE, EE IT HEREBY RESO,VED BY THE CITY COUNCIL OF THE CITY OF PLYMO'TH MINNE"OTA that it should and hereby does approve the preliminary plat/plan and conditional use permit for Hewitt Peterson for "Harrison Hills" RPUD ;80-1 at tte southeast corner of Zachary Lane and County Road 10 subject tc the follchin: conditions: 1. Ccr•nliance with the City Engineer's memorandum. 2. Density shall be 3.8 unite Fer acre, exclusive of the 16.3 acres located below the 100 year high water level elevation 903; the maxirum tote] of 252 dwelling units shall be subject to final site plan approval. 3. Completion of the required Environmental Assessment Worksheet process prior to final platting, and prior to any site work. 4. Detailed construction drawings shall be submitted cf the proposed recreation area as well as of the trail s,. -stem. 5. Payment of park dedication fees in -lieu of dedication, in accordance with the dedication policy in affect at the time of filing the final plat(s). 6. Compliance with City Policy Resolution #79-80 regarding developments containing or adjacent to a storm water holding area. LI P Resolution #B0-372 Page 2 7. Street names shall be in accordance with adopted street naming, policies. B. Staging of developments shall be in accordance with utility availablity as approved by the City Engineer. 9. Approval is based upon exisiting LA -2 guiding of the entire property; no reguiding of any portion is approved. Rezoning of the property will be accomplished with the approval of the final plat(s). 10. Substantial buffering through the use of topography and plantings will be provided along the south, west, and north perimiters of the property. 11. Access to County Road 10 should be indicated in the form of an east bound exit only, subject of review and approval by the City and County engineerir:c, departments. 12. Required site improvement perfromance financial guarantee shall be termed for 24 months. 13. Setback of all structures from the public right. -of -way shall be at least the minimum of 35 feet; except for County Road 10 and Zachary Lane where setbacks shall be a minimum of 50 feet; and except for cul-de-sacs from 53rd Avenue and northeast of 53rd Avenue, where setbacks shall be a minimum of 20 feet, providing the developer saves the existing trees. 14. All cul-de-sacs in Phases 1 and 2 shall be public streets and shall be constructed according to crdinance standards. 15. Site landscaping shall be in accordand with the City Landscaping Standards and Criteria. U the motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Hoyt , and upon vote being taken thereon, the following votQ in favor thereof. Mayor hunt, Councilmembers Davenport, Hoyt. Neils and Schneider 17le 2nllowing voted against or abstained: None Nhereupon the Resolution was declared duly passe3 and adopt RRA RRR RAA CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was a on the 3rd day of larch , 19 80 . The following members were present: Mayor Ftint, r^,, Neils and Schneider The fol owing members were absent: None tiNr •t • • * • Councilmember Neils introduced the following Resolution and moved s adoption: RESOLUTION NO. 80- 143 APPROVING REVISED R.P.U.D. CONCEPT PLAN FOR PETERSON PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF COUNTY ROAD 10 AND ZACHARY LANE (79055) WHEREAS, Peterson Properties has requested approval of a revised R.P,U.D. Concept Plan for "Harrison Hills" as approved under, Council Resolution No. 7S-490 with respect to density on approximately 82.9 acres at the southeast corner of Zachary Lane and County Road 10; and, WHEREAS, the Planning Commission has reviewed the proposal at a duly called Public Informational Meeting 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 revised R.P.U.O, concept plan for "Harrison Hills" for Peterson Properties at the southeast corner of Zachary Lane and County Road 10 subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Completion of the Environmental Assessment Worksheet process. 3. Staging of development shall be in accordance with utility availability as approved by the City Engineer. 4. Approval is based upon existing LA -2 guiding of the entire property; no reguiding of any portion is approved. S. Substantial buffering through the use of topography and plantings will be provided along the south, west and north perimeters of thr2 ,property. 6. Setback of all structures from the public right-of-way shall he at least the minimum of 35 feet, except for County Road 10 and Zachary Lane where setbacks shall be 50 feet. 7. Approved density for this project shall be exclusive, of the wetland area and in consideration of the assigned density bonus points as follows: 2 bonus points per Criteria A for the site of the project; and 2 bcmus points per Criteria D for affirmative design efforts, with none allowed for Criteria C, with a total of 4 bonus points or a density of 3.8 units per acre, with a maximum number of units of 252. 9 Resolution 030-143 Page 2 8. A. -cess to County Road 10 should be indicated in the form of an eastbound exit only subject to review and approval by the City and County Engineering depart- ments. 9. Staging area no. 4 in the northeast portion of the site shall be redesignedshouldapublicroadbeavailablefromtheeastpriortoconstructionofthose units. 10. An area road needs analysis be accomplished in conjunction with the City Engineer, especially directed to providing access to the east in a continuous pattern with adjacent area residential land. 11. Petitioner shall consider the soil conditions in the northwest corner of the site due to filling operations. 12. The proposed northerly intersection with Zachary Lane should be moved further south to the maximum distance possible as verified by the City Engineer. 13. Preliminary plat survey of the property should include a survey of existing major stands of trees and shall be used to evaluate the proposed relocation of trees from one portion of the site to another. 14. Final density shall be based on demonstration of final site plans and final plat details. n The motion for the adoption of the foregoing Resolution vas duly seconded by Moor Hunt and upon vote being taken thereon, the folio ng votedin avor ereo Mayor Hunt, Councilmembers Davenport, _ vt_t. Nails _and Schneider iv iEe M.. swing vote— against or a stained: done Whereupon the Resolution was declared duly passe'Tc __ aiaopt e' AAA AAA RQA CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on t e H day of Juen . 19 83 The following members were presents Mayor Davenpor , unci1members Men, 'e II S. Schneider and Threinen sTfarolLow ng members were absent: none te s*w +rd+r Councilmember Neils introduced the following Resolution and moved Its adoption: RESOLUTION NO. 83-293 APPROVING REVISED RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT AMENDMENT FOR "HARRISON HILLS" (RPUD 80-2) (79055) WHEREAS, David Peterson, Harrison Hills Partnership and Hillshorounh Manor, Inc. has requested approval for a Revised Resldcntial Planned Unit Development Preliminary Plan/ Plat and Conditional Use Permit Amendment for "Harrison Hills" (RPUD 80-2) to channe the type of housing to single family detached, townhouses and condominiums, with the number of units to be 252 originally approved, located in the Southeast Ouadrant of Zachary Lane and County Road 10; arid, WHEREAS, THE City Council approved the RPUD Preliminary Plan and Plat through Resolu- tion No. 80-372; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Puhilc. Hearing and recommends approval; NOW, THEREFORL, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the reouest by David Peterson, Harrison Hills Partnership and Hillsborough Manor, Inc. for a Revised Residential Planned Unit Development Preliminary Pian/Plat and Conditional Use Permit Amendment for "Harrison Hills" (RPUD 80-2) located in the Southeast Ouadrant of Zachary Lane and County Road 10 subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dyinq trees from the property at the owner's expense. 3. No Building Permits shall be issued until municipal sewer and water are physi- cally available to the sites. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of fiinq the Final Plat. 5. Street Names shall comply with the City Street Naminq System. 6. Compliance with Policy Resolution No. 79-80 renardlnq minimum floor elevations for new structures In subdivisions adjacent to or containinq any open storm water drainage facility. page two Resolution No. 83-293 7. Rezoning shall be finalized with filing of the Final Plat. i 0 8. No Building Permits shall be Issued until the Final Plat is filed and recorded with Hennepin County. 9. Yard setbacks are approved per the RPUD Plan. 10. Appropriate legal documents regarding Homeowner Association covenants and restrictions as approved by the City Attorney, shall be filed with the Final Plat. 11. Detailed construction drawings of proposed private recreation area as well as the trail system with the Final Plat application,. 12. Staging of development shall be in accordance with utility availability as approved by the City Engineer. These areas which cannot he serviced with utilities at this time shall be platted as outlots in the Final Plat. 13. Submission of required Site Improvements Performance Aqreement and financial guarantees for completion of site Improvements. 14. Any signage shall be in compliance with the Ordinance and final detailed plans shall be submitted with the Final Plan/Plat application. 15. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 16. All streets serving platted single family attached and detached dwellings in the development shall be public. 17. Approval is given for the construction of a lift station to be used for 70 units only until the construction of the Pike Lake Interceptor, and all expenses for maintenance and repair shall be borne by the developer. An agreement shall be executed between the City and developer, and approved by the City Attorney. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Moen and upon vote ¢eing taken thereon, the oave,rtp' n. nn votedn favor ereo sMar npo membgrs Moen, Neilt, Oe'qft ow ng vot aga ns or =11 Whereupon the Resolution was declared dsk2 none . PJAa 7rR / s c rr5S C. The benefit to the developer is one of design and development flexibility; in order to utilize this flexibility, the developer has the responsibility to demonstrate that its utilization does indeed provide a development which hassubstantialattributestoenhancetheparticularareaortheCityintotal. Expected attributes are: 1) Benefits from new technology in building desian, construction and land development. 2) Higher standards of site and buildino design through use of trained and experienced professionals in Land Planning, Architecture and Landscapina to prepare plans for Planned Unit Developments. 3.) More efficient and effective use of streets, utilities and public facil- ities to yield high quality development at a lesser cost. 4) More useable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conven- tional land development procedures. 5) Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics. Amended Ord. No. 82-15) SFer 9, StASO 9 Dj.yMoum+ ZAWIA% Okj> J N ANGE City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 19, 1988 FILE NO.: 88124 PETITIONER: Mr. Hewitt Peterson, Hillsboro Manor, Inc., 4900 N. County Rd. 18, Apt. 102, Minneapolis, Mn. 55428 PRELIMINARY PLAT: BOULDER RIDGE LOCATION: East of Zachary Lane, south of Co. Rd. 10 in the northeast one quarter of Section 1. N/A 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. These are in addition to the assessments shown in No. 1 and No. 2. 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 final plat approval. 4. Area assessments: Watermain Area Assessment based on 53 units S685.00 per unit. 1 11 -r Assessment on 53 units8380.00 per unit1 1 11 5. Other additional assessments estimated: None. 6. _ _ X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. _ X 0 9 X X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. 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 water drainage plan. A drainage easement for ponding purposes shall be provided on the final plat to an elevation of 903.0. 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 is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. The unnecessary ponding easement in the southerly portion of the plat, Lots 1. 2. 4, 5, 6. 7. and 9. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. 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 necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR MnDOT X Hennepin County X MPCA X State Health Department 2 Bassett Creek Minnehaha Creek Elm Creek X Shingle Creek X Army Corps of Engineers Other TRANSPORTATION: N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. _ _X — Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. _ _ X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of 15. X All existing street rights-of-way are required width - Additional right-of-way will be required on 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. See Item 17. 3 1' N/A Yes No 17. X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. The six inch watermain shall be extended north from Yorktown Lane to County Rd. 10. 18. T Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. 19. _ _ T Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. Lots 1 thru 11 and 20 thru 29 and 32 and 33 shall have minimum basement elevations of 905.0. 20. T The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. T The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 0 PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tan. 23. _ _ X Complies with Storm Drainage Plan The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Drainage calculations shall he provided for review. SPECIAL CONDTTTONS REQUIRED: 24. A. The final plat for this subdivision shall not be approved until the developer of the property to the east (Harrison Hills Ponds) has under contract and has provided the City financial guarantee for the sanitary sewer necessary to serve this plat or the developer of Boulder Ridge shall furnish the construction plans for the extension of the sanitary sewer including eliminating the lift station in Harrison Hills Second Addition. B. The sanitary sewer invert at Zachary Lane and 56th Ave. shall be 900.8 and 900.0 at Zachary Lane and 57th Ave. C. If this plat is developed prior to Harrison Hills Ponds, this developer shall construct the control structure for Pond SC -P20. Submitted by: ChesterH rrison, Jr., P. City Engineer 5 McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 October 21, 1988 Mr. Chuck Dillerud, Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SUBJECT: Hillsborough Manor Boulder Ridge Plymouth, Minnesota MFRA #8323 Dear Mr. Dillerud: Telephone Engineers 612/4f6-6010 Planners, Surveyors i OC" We have reviewed the staff report dated October 18, 1988, and have the following comments: 1. Condition No. 1 of the proposed approving resolution references the City Engineer's Memorandum. This memorandum has not been made available to us, and we, therefore, must request an opportunity to review it as a condition of our approval. 2. Condition No. 9 addresses setbacks. Our request for front yard setbacks on internal streets is 20 feet, not the 35 foot noted in the condition. Our justification for the 20 foot setback is that the site layout provides for clustering of units around private driveways, with no parking being provided in the access driveways from the streets. Therefore, the setback areas will be landscaped, without individual driveways from the street to individual garages. The clustering and site layout is very similiar to Deer Haven, immediately west of the project, where front yard setbacks are typically 20 feet. Without the reduced setback, the General Development Plan will be impacted significantly. It is our opinion that the proposal will produce an extremely high quality development, where the clustering and landscaping will mitigate any impact of the reduced setbacks. 3. In Condition No. 19, a restriction is placed on building permits for units adjoining trails or private open spaces. We understand the City's history with respect to trails and private recreational amenities. However, in this project, every townhome unit abutts the private open areas. Consequently, this restriction is extremely prohibitive. We request that only those lots adjoining trails or private recreational amenity areas be restricted. An Equal Opportunity Employer Mr. Chuck Dillerud October 20, 1988 Page Two US. If you have any questions or need additional information, please contact Very truly yours, M BS FRANK RO AS OCIATES, INC. i Gregor J: kank, P.E. GJF:jmj cc: Hewitt Peterson, Hillsborough Manor 5F CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 18, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88125 PETITIONER: Donald G. and Sarah E. Colpitts REQUEST: Conditional Use Permit to allow a home occupation of a cosmetology salon LOCATION: 2255 Highway 101 GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -IA (Low Density Single Family Residential) BACKGROUND: The Planning Department records indicate no applications for planning and zoning activities have occurred at this location over the period that records have been maintained. A notice of this Public Hearing has been published in the Official City Newspaper and all property owners within 500 feet have been notified by mail. PRIMARY ISSUES AND ANALYSIS: 1. Proposed is the use of a 225 square foot portion of the basement of an existing single family residence. The proposed beauty shop area would represent less than 20% of the total finish area of the structure and less than 10% of the total area of the structure at 100% finish. 2. The Conditional Use Permit for a Home Occupation is applied for responsive to the new definitions of "Home Occupation" and "Home Occupation Conditional" as adopted by the City Council recently in Ordinance 88-37. We have attached a photocopy of the subject Ordinance and we have determined that the operation of a beauty shop does require "Equipment other than that customarily found in a home", and therefore the Home Occupation does qualify as one of those that would be "conditional". Based on the foregoing, relationship between the primary use of the structure (residential occupancy) and the proposed beauty shop use which is proposed is clearly incidental and secondary to the residential use of the premises. Staff Report (88125) October 18, 1988 Page 2 3. Review of the proposed Conditional Use Permit by the Planning Commission is guided by the Zoning Ordinance provision of six criteria that must be addressed. We have attached a copy of those criteria, and we have provided a copy to Petitioner. By their letter of October 16, 1988, Petitioner has responded to those criteria. PLANNING STAFF COMMENTS: 1. The Application is responsive to the requirements for a "Home Occupation Conditional" found under the definition. Specifically, the proposed use is incidental and secondary to the residential use of the premises and will not produce light glare, noise, odor, or vibration perceptible beyond the boundaries of the premises. Finally, the use is not proposed to consist of over-the-counter sales of merchandise produced off the premises. 2. We concur that the specific site with respect to the relationship to adjoining properties is particularly well-suited for a Home Occupation and clearly meets the requirements of a Conditional Use Permit with respect to prohibition of impact on adjoining properties. 3. The private driveway to the residence from Highway 101 provides a distinct advantage over most residences with respect to insulating traffic impacts from neighboring homes. In this case, however, that private driveway as it is now configured also provides a negative factor with respect to this Conditional Use Permit. The driveway is quite steep and provides a minimal landing area at the top. Where the driveway intersects Highway 101 is midpoint in a curve and it is also a part of a slope. Considering the speed of traffic on Highway 101, sight distance to the west over the top of the hill is not ideal. 4. Based on the foregoing, we find that the proposed Home Occupation Conditional Use will not be responsive to Conditional Use Permit criteria involving the endangering of the public safety and the provision of ingress and egress to public streets. We particularly encourage the Planning Commission to itself visit this site and determine individually as to vehicular safety related to the Application. RECOMMENDATION: We have provided two draft Resolutions for consideration of the Planning Commission. The first Resolution provides for denial of the Conditional Use Permit based on the factors of traffic safety referred to above. The second draft Resolution provides for approval of the Conditional Use Permit based on compliance with all Conditional Use Permit criteria provided for by the Zoning Ordinance. Staff Report (88125) October 18, 1988 Page 3 Submitted by: L—. \ /d/_ll Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution for Denial 2. Draft Resolution for Approval 3. Location Map 4. Ordinance 88-37 5. Conditional Use Permit criteria 6. Petitioner's narrative of October 16, 1988 7. Petitioner's graphics CONDITIONAL USE PERMIT HOME OCCUPATION DENIAL OF A CONDITIONAL USE PERMIT FOR DONALD AND SARAH COLPITTS FOR A HOME OCCUPATION AT 2255 NORTH HIGHWAY 101 (88125) WHEREAS, Donald and Sarah Colpitts have requested a Conditional Use Permit for a Home Occupation to operate a beauty shop of 225 square feet from the residence at 2255 North Highway 101; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends denial. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for Donald and Sarah Colpitts, for a Conditional Use Permit for a Home Occupation to operate a beauty shop of 225 square feet from the residence at 2255 North Highway 101, based on the following findings: 1. The operation of the Conditional Use will be detrimental to the public safety due to additional traffic that will be added to the private drive access to Highway 101 at a location of restricted sight lines. 2. Ingress and egress to the site of the Conditional Use Home Occupation is of a design that will cause traffic congestion on a public street due to the steep grade and short "landing area" at Highway 101 for the driveway access. E CONDITIONAL USE PERMIT HOME OCCUPATION APPROVING A CONDITIONAL USE PERMIT FOR DONALD AND SARAH COLPITTS FOR A HOME OCCUPATION AT 2255 NORTH HIGHWAY 101 (88125) WHEREAS, Donald and Sarah Colpitts has requested a Conditional Use Permit for a Home Occupation to operate a beauty shop of 225 square feet from the residence at 2255 North 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 Donald and Sarah Colpitts, for a Conditional Use Permit for a Home Occupation to operate a beauty shop of 225 square feet from the residence at 2255 North 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 Donald and Sarah Colpitts as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. There shall be no signage allowed on the property relative to the use. 5. There shall be no outside display, sales, or storage of merchandise or related materials. 6. The permit shall be renewed in one year to assure compliance with the conditions and review the impact of the use on Highway 101 access. 7. A copy of the current State license shall be provided prior to issuance of the Permit and shall be kept on file with the City. 8. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to Permit issuance. 9. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. 10. Petitioners, at their expense, shall acquire, install, and maintain a stop" sign of regulation size and design at the point the driveway of the subject parcel intersects Highway 101. Iou,: :, I- 1 2,:.C1. 1,11) F- ( 191 n R ' ( 14) 13) 69 1110lt4• MAA w 2 T) t Is, :31' $ q ]I IL' 0 b lis l 4'2) 6155)'-''v .>, B (]1) 8 f16` r (5; R V g m 0 X21}) () R I - (25) - (27) .,. OA00 I Huts 2= y 25TH s aAVE' - N` M Ib p3 33) ) ( 38) K IY.o 8 ,,S:a. 1° II 1 Fx.el I •.ti (61 2 (9) ! IS) R (311 to Y J° 297 t Is. sr- , - ti IPA R (34) _ / '317.9 < 1 oi, , I1w- 6 Ipp-ep' y. _ o 1 fR2 W Im. 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( 25)- R4)8 l27) t 25) ry x - (,IJ e 28) 127) 8 - _ MI 8 (21)g- q3.0 I'D I'D.,.II ^ ri Rn i 105' 05' n1 W6, b' 1r. 61. or Ale9'S4 - p . m a 790. m' f. 9e' 110. • I b• b . 30' S0' n L . S . ES'06'E 56]•31. 6 111. 76' 111. 117 5' - o I - ) . -:_:! . rE7d'-- I v R e n J (9) Q - 12 ,] I. Jb. ilii It 1391 Q(38) a ( 37) a 136)6 l35), 134)6 i (671 914 9 16) 1101 - R(1A) (19) 3~ (20) Ri .8 TRACT 40)'. , (33) fro• ue' m' m..vr 100' 1qr. 11r. 1' 0. S7•C 61 M' -6.91lLiI Y Y t v ,!G' ` -- H F 1911 AVE, N0. 4541.55,11 S"' I d 1t 1 2 IW.00 , '95 11:7• .25 . N A. 6066) v8,' - Ilf R s \9= - rw) r57) r CITY OF PLYMOUTH ORDINANCE NO. 88-3'7 AN ORDINANCE AMENDING THE CITY OF PLYMOUTH ORDINANCE NUMBER 80-9, ADOPTED DUNE 16, 1980ASAMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO PROVISIONS FOR HOMEOCCUPATIONCONDITIONALUSEPERMITS THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Zoning Ordinance. SECTION 4, Subdivision B., is herebyamendedbydeletingthedefinitionforHomeOccupationinitsentiretyandsubstitutingthefollowing: Home Occupation -- Any gainful occupation or profession enga ed in by the occu- pant of the dwelling unit within the dwelling unit which is clearly incidental andsecondarytotheresidentialuseo_f the premises, provided, such activity does riotproducelight21are2noise, odor, or vibration perceptible beyond the boundaries ofthepremises; does not involve the use of accessory structures or any of thefollowing: Repair, service, or manufacturing which requires equipment other thanthatcustomarilyfoundinahomeover-the-counter sale of merchandise produced offthepremises; or, the employment of persons on the premises other than thosecustomarilyresidingonthepremises Home Occupation Conditional -- Any gainful occupation or profession approvedpursuanttotheconditionalusepermit + y p provisions of this Ordinance, engaged in bytheoccupantofadwellingunitwithinthedwellingunitorwithinnotmorethan one accessory structure permitted by the toning Ordinance and which involves anyofthefollowing: Stock -in -trade incidental to the performance of the service, repair, or manufacturing which require equipment other than that customarilyfoundinahome; the employment on the premises, at any one time, of not more than onepersonwhoisanon-resident of the premisesi the teachin of more than one but notmorethanfournon-resident students at any given time; or the need for riot morethantwoparkingspacesinadditiontospacesreuiredforththepremises. The activity shall be clearly incidental residential use of the premises includ' the dwelling li andinstallationsthereon; and shall not produce ht glare, nc perceptible beyond the boundaries of the premises; and over-the-counter sales of merchandise produced off the oremi e persons residing on and secondary to the permitted accessor— y or ise, odor, or vibration shall not consist of ses. Section 2. SECTION 7, Subdivision C., USES, is amended as follows to provide for permitted and conditional home occupations as allowable uses in all Residential ZoningDistricts, including the FRD: DISTRICTS FRO R -1A R -IB R-2 R-3 R-4 22.[C] P [C] P [C]P[C]P[C]P[C]P 23. C C C C C C USES Home Occupation as defined by this Ordinance Home Occupation Conditional as defined by this Ordinance Se CTI 9 Coeld(r+oria/ lose PerM'T' GrITCe'r1a 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. Mr. Charles E. Dillerud City Of Plymouth October 16, 1988 Page 2 PLYMOUTH CONDITIONAL USE PERMIT CRITERIA Our salon will be located in the southwest corner of our basement. The effect that having a business such as this in our home will have many benefits for our community. Sarah's recent tenure has been at, The Salon Of Wayzata, already drawing a substantial portion of her clientele from the immediate Plymouth area. This relocation will: A) Not diminish the drawing capacity of any local competing businesses, since Sarah's customers were already taking their cosmetology business to Wayzata. B) Make things more convenient for Sarah's Plymouth clients. C) In fact, since another segment of Sarah's clientele reside in surrounding cities, the relocation of her business into our home will bring into Plymouth a number of potential shoppers, exposing them to restaurants, grocery stores and other divergent product and service oriented businesses. D) Adding the salon will enhance the value of our home thereby increase the cities taxable valuation. The salon will not be detrimental or endanger the safety ofthepublic. The construction of the salon will be in accordance to the cities building codes. Since the salon will be licensed by the State of Minnesota Cosmetology Board, the day to day operation of the salon shall be governed bytheirrulesandregulationsassetforthbythatboard, and regularly inspected for adherence to those rules. Since the salon will be located in our basement the onlychangestothehousewillbeinternal. There will be no signs on the outside of the house or at the street. Our home also has an exclusive driveway- it serves no other homes or businesses and is accessed off of highway 101. Since I€ it is a private driveway there will be no additional traffic in the surrounding neighborhoods. I Mr. Charles E. Dillerud City of Plymouth October 16, 1988 Page 3 Also, there are natural boundaries between our home and the surrounding homes; A) creek and undercover to the west B) undercover beneath power lines to the north C) highway 101, trees and undercover to the east D) trees and Snyders Lake to the south All of these natural boundaries provide visual and auditory insulation from neighboring sites. We have provided parking in our driveway in a special designated area away from the garage. Whether turning into our driveway or leaving it there is good visibility in all directions. Also since it is a small business we will have no more than two cars per hour, maximum. gyp\ W 56 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 17, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88126 PETITIONER: David and Joan Parker REQUEST: Amend RPUD Conditional Use Permit to allow construction of a deck within the prescribed sideyard setback. LOCATION: 2115 Archer Lane GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential) ZONING: MPUD 83-1 BACKGROUND: The last previous approval action for this PUD was by City Council Resolution 87-96. Structure setbacks are established by the plan submitted covering this area of the overall PUD. Specifications for this area (D1) call for sideyard setbacks of 6 feet on the garage side and 9 feet on the living area side, but by prior Resolution the sum of the distance between structures cannot be less than 15 feet. Notice of this Public Hearing has been published in the Official City Newspaper and mailed to all property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The Applicant proposes the construction of a deck on the side of the existing home, 10 feet by 24 feet in size. The proposed deck on the side of the home would extend to within 6.0 feet of the side property line. The PUD plan provides that setbacks shall be a minimum of 9 feet on the living" side of a home, and in no case less than 15 feet between structures. The garage portion of the structure constructed immediately to the north is within 11 feet of the common line with this structure. The resulting distance between the two structures will be 17 feet if the amendment to the Conditional Use Permit is approved as proposed. 2. An amendment to RPUD dimensional specifications such as here proposed must be reviewed by the Planning Commission consistent both with the RPUD Preliminary Plan criteria found in Section 9, Subdivision B 5 j of the Zoning Ordinance; and consistent with the Conditional Use Permit criteria Staff Report (88126) October 17, 1988 Page 2 found in Section 9, Subdivision A, Paragraph 2a of the Zoning Ordinance. Copies of both of those citations are attached to this Staff Report for the consideration of the Planning Commission. 3. The total structure, including the proposed deck, will occupy less than 200 of the lot area. Lot coverage is not an issue with this application. PLANNING STAFF COMMENTS: 1. The orderly development and improvement of the surrounding property - particularly the property within the Steeplechase Planned Unit Development - will be impacted by the proposed Conditional Use Permit. The basic design of the Steeplechase Development was clearly predicated on sideyard minimums that were clearly stated. The sideyard minimums approved for this RPUD already provided for a substantial reduction from the RI -A zoning standards that would otherwise apply. (Fifteen feet on both sides). In fact, the RPUD provision for the sum of two adjoining sideyards to be as little as 15 feet represents a 50% reduction from the conventional Zoning Ordinance standard. We cannot find any physical characteristics of the subject site that is sufficiently unique to justify the amendment to the Planned Unit Development proposed. 2. Since the subject site cannot be viewed as in any way unique with respect to the other sites within the Steeplechase RPUD, approval of the proposed Conditional Use Permit amendment will become precedent for any such amendment to sideyard specifications throughout this PUD. In addition, the approval of a setback of less than 10 feet on the "living" side of a residential structure in a single family detached neighborhood will constitute a departure from a setback standard that the City has maintained even in Planned Unit Development designs. 3. It is the larger issue of maintaining the integrity of the Planned Unit Development rather than 18 inches of setback that forms the basis for the Staff recommendation for denial of the requested Conditional Use Permit amendment. RECOMMENDATION: We have attached a draft recommendation for denial of the Conditional Use Permit amendment based on findings related to the Conditional Use Permit and Planned Unit Development criteria found in the Zoning Ordinance. Consistent with Planning Commission direction we have also included a draft action for approval of the Conditional Use Permit amendment. Staff Report (88126) October 17, 1988 Page 3 Submitted by: Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Location Map 2. Draft action for denial of the Conditional Use Permit amendment 3. Draft action for approval of the Conditional Use Permit amendment 4. Petitioner's narrative 5. Section 9, Subdivision B 5 j of the Zoning Ordinance 6. Conditional Use Permit criteria 7. Petitioner's plans DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT AND AMENDMENT FOR DAVID AND JOAN PARKER (88126) WHEREAS, David and Joan Parker have requested approval for a Residential Planned Unit Development Conditional Use Permit Amendment for property located at 2115 Archer Lane to allow deck construction to within 6.0 feet of the property line where 9 feet is the approved RPUD standard; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the Residential Planned Unit Development Conditional Use Permit Amendment for David and Joan Parker located at 2115 Archer Lane, based on the following finding: 1. The request is not responsive to Residential Planned Unit Development Conditional Use Permit findings with respect to compatibility with the surrounding neighborhood. 2. The amendment would establish an undesireale precedent for this and similar developments. APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT FOR DAVID AND JOAN PARKER (88126) (MPUD 83-1) WHEREAS, David and Joan Parker have requested a Planned Unit Development Plan Conditional Use Permit Amendment for property located at 2115 Archer Lane to allow deck construction to within 6 feet of the side lot line where 9 feet is the RPUD approved standard; 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 David and Joan Parker for a Residential Planned Unit Development Plan Conditional Use Permit Amendment to allow deck construction to within 6 feet of the side lot line per plans filed for property at 2115 Archer Lane pursuant to the following findings and conditions: 1. No other amendments or variances are granted or implied. 2. All applicable requirements of the City and State Building Codes shall be implemented and enforced; no Code requirements are waived by this approval. 3. The granting of the Permit is responsive to criteria of the Zoning Ordinance for Conditional Use Permits and PUD plans. 9 R_ •' S i Int _ I. c VICKSBURG VEST r`` 6 a M •i Y `q 1 + ao J _ a ID Q 187 E 4 ,2 > SP 7) P s Via. _ }i C:5) 111 / b' 141.1 I R - .,.:js,;.; .fp, •7. -c,. T ]u.7z Hula (5) Y K 0 E ( 7) 't+ (I I) ei .n / '° ''ter j 2(6) 19) Ph rl r ' Yr31) I I IJtq ( 1 vIA PAR 13 .M' lee'1 + 5bee • ijy a'. S 18) r 1 ^ ta G- 3 (Z0)C31) s R e9 fn n:. o5' . e 3<y, 's. f ,•. 5 I° 1 Gi) . r •7 17) t Igp.5f1P:NO. B _ (31 a (17) c Wit.]•' (2 11 l?, O• 1 7 \{ f err' _\ e Ay I (ID) b 'tty I 153 53. tn. F p . 10' _ 11 4F-5 d /^'' 3 rr._ 'b. •t (Z6)t 7 .. $ (I S) `I (77) •+ (33) q A. (' S 1' 16) Y. 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C IJ* .. > Ep F -S Nrr f 3 a 4v bq)r, 4 55) f+ • 15 _ if) II ,i!> s •' y,- /3 .iln)I OpV - I sf K 12 • 5 .4 g'7 )4> (W) ; Pt g]) I •,r y ` .w w c+ / >, _ 3 a( 13 3 ' ,, q (Lf) •L 1A _ ' s•+ „ +` 3 7 +s+ r J(ct)4 2 2 ^ a C• ('L AJ 4b.t 1. r+' rr+ I t4 8r S - 3 J J j'q) (N 0) (JI) v(6')`, uf: n• 'S - 2N +8 15 17 IB '19 13• e G ) -. lb. Al be. fi • 91,... f .' a' ,: Irt - roln tea. 53) (7) $_Ie ' ( 4 • " 1 • 7 'r' f :.( 1 .). .o o s N 1Jr.Y _ r IAI 6... a' 'fir !p - 1b...lt _ 1lGJ _" $ Ir.•.t 9C.N 1 f11: f 191' ]'•+ M1'S''I MTp"p 110. ]i 5•) / tg PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B 10) A Natural Resource Analysis containing the existing vegetation a as consisting of forest and woodlots as well as wetlands and wetlan ege- tation; the geology, slope, soil and ground water characteristi of the site; existing lakes, streams, ponds, drainageZ settling areas, and floodplains must be identified; anallationship of the proposed use of the existing natural conabove. 11) Circulation - including vehicular and pedestriaughout the site, relationship to the City Thoroughfare Gu adjoining land, a descriptive statement of objectives nd standards for the var- ious circulation elements and the p osed jurisdiction of each component. 40 12) Densities and distribution for various residential categories, pro- jected occupant characteristi and projected market sales price of the housing units. These tabu ions will be used to evaluate the adequacy of living space, open ace, educational facilities, utility systems, traffic generations yit other services both public and private. 13) Mass grading - dicating which areas must be adapted to allow the dev- Zaging ed and how it will visually and physically affect adjoin - d what soil erosion and sediment controls are to be ndicating geographic staging and approximate sequence of rtions thereof. The Planning Commission will hold a public hearing or hearings on the P.U.D. Preliminary Plan, Conditional Use Permit, Preliminary Plat and Zoning Amend- ment in the manner prescribed in Section 11. j. The Planning Commission, after holding the public hearing, shall Make its recommendations to the City Council for approval; approval with conditions; or denial of the Conditional Use Permit for a P.U.D., preliminary plat and rezon- ing if considered. The Planning Commission shall forward to the City Council its recommendations based on and including, but not limited to the following: 1) Compatibility with the stated purposes and intent of the Planned Unit Development. 2) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the City's Comprehensive Plan and to other provisions of the Zoning Ordinance. 3) Internal organization and adequacy of various uses or densities; circu- lation and parking facilities; recreation areas and open spaces. 9-17 Se CTO el 9 co'ld,ronar 64S Pe/O M,T C i7certa 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. l c'V O 0 J O I '% alb `` NPJ. to • PRO An LOC RTiON o Denotes Iron Monument / x X000.0 Denotes Existing Elevation Proposed Top of Foundation Elevation = 9B S1000.01 Denotes Proposed Elevation Proposed Corage Floor Elevation = 99( -Z Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation = 71f3.5 1 hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot I, Block 3, STEEPLECHASF 2t-{) K-OlTLCa^ , Hennepin County, Hinnesoto And of the location of all buildings, if any, thereon, and all visible encroachments, if any, fromoronsaidland. As surveyed by me this 9th day of April 19 f;(, . Rfv/5E0 NOU5E 10CA7/0/v 4-ia•86 G.R.G. Thomas S. Beroquist PEv/5f0 ,UeusE ¢-ii•86 ..e.5: Registered Land Surveyor, Minn. Lic. No. 7725 r— SATHRE-BERGOUIST, INC. 939 1A[T WAYZATA AIVO. WAYZATA. MM. 96301 T[l1..0.4 1I[JIl-09 9 KAP[ A .. 53 7! IIU N . 5440-j60 CERTIFICATE OF SURVEY for LW CX;RFN BP,OS. CONSTROCTIal, INC. A 514 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 18, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88129 PETITIONER: Gary and Denise Solarz REQUEST: RPUD Conditional Use Permit Amendment to sideyard setback provisions to allow construction of a fireplace chimney 22 inches within the 10 foot sideyard setback. LOCATION: 4880 Cottonwood Lane GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: RPUD 77-6 BACKGROUND: The last revised RPUD Preliminary Plat/Plan for Zachary Hills, of which this parcel is a part, was approved by Resolution No. 80-453 on July 21, 1980. Subsequent to that the Final Plat and Development Contract were approved on June 1, 1981 by City Council Resolution No. 81-346. Notice of this Public Hearing has been published in the Official City Newspaper and all property owners within 500 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. The Applicant proposes construction of 54 inch wide chimney structure to a depth of 22 inches on the side of the home on the subject parcel. The home is currently constructed with the wall upon which the fireplace is proposed on the 10 foot sideyard setback line. This results in the proposed chimney extending 22 inches into the 10 foot sideyard. The adjacent parcel to the southeast is so constructed as to provide a 16 foot setback from the nearest point of the structure to the common property line. The minimum distance existing between the two structures therefore is 26 feet. Because the structure to the southeast is on a cul-de-sac lot, the structure is set at an angle to the property line. This results in the actual distance between the structures being in excess of 26 feet at all but a single point. 2. Standards provided for setbacks in this portion of the Zachary Hills RPUD, as confirmed by the Development Contract for the Zachary Hills 4th Addition, call for a minimum of 10 feet as sideyard to the dwelling unit, and 6 feet as a minimum sideyard to a garage wall. Staff Report (88129) October 18, 1988 Page 2 An amendment to RPUD dimensional specifications, such as here proposed must be reviewed by the Planning Commission consistent both with the RPUD Preliminary Plan criteria found in Section 9, Subdivision B 5 j of the Zoning Ordinance; and consistent with the Conditional Use Permit criteria found in Section 9, Subdivision A (2a) of the Zoning Ordinance. Copies of both of those citations are attached to this Staff Report for consideration by the Planning Commission. 4. The petitioner has submitted a narrative response to the Conditional Use Permit criteria, which is attached. PLANNING STAFF COMMENTS: We encourage the Planning Commission to ask the question, "Would the Zachary Hills RPUD in particular, or any other RPUD within the community in general, be negatively impacted if every lot within those RPUDs were granted the same dimensional concession for the same purpose as is proposed by this Applicant?". We would not find such an impact to be significant either within Zachary Hills or within each and every lot on each and every RPUD within the community. The circumstances surrounding this particular case include the fact that the eave overhang will extend further into the 10 foot setback area (as allowed by the Ordinance) than the proposed chimney extension. 2. We find no inconsistencies between the proposed encroachment and the six Conditional Use Permit criteria that must be addressed or the three criteria for an RPUD Preliminary Plat/Plan that must be addressed. 3. In this particular case, we are not dealing with structures on the adjoining property that are built to the absolute minimums of the RPUD approval dimensions. The actual distance between structures in this case is approaching what would be found in a "conventional subdivision" (30 feet). RECOMMENDATION: We have attached a draft Resolution for approval of the Conditional Use Permit amendment as proposed. le--\ Submitted by: Charles E. 711lerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution for Approval 2. Location Map 3. Resolution 80-453 4. Page 13 of the Development Contract 5. Conditional Use Permit criteria 6. RPUD Preliminary Plat/Plan criteria 7. Petitioner's narrative 8. Petitioner's plot plan for Zachary Hills 4th Addition 0 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 88 - APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT AMENDMENT FOR GARY AND DENISE SOLARZ (88129) (RPUD 77-6) WHEREAS, Gary and Denise Solarz have requested a Planned Unit Development Conditional Use Permit Amendment for property located at 4880 Cottonwood Lane to allow setback for chimney construction of 8.2 feet where the RPUD standard is 10 feet, 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 Gary and Denise Solarz for a Residential Planned Unit Development Conditional Use Permit Amendment to allow setback for chimney construction of 8.2 feet for property located at 4880 Cottonwood Lane, pursuant to the following finding and conditions: 1. No other amendments or variances are granted or implied. 2. All applicable requirements of the City and State Building Codes shall be implemented and enforced; no Code requirements are waived by this approval. 3. The proposal is responsive to the criteria for a Conditional Use Permit and a PUD per the Zoning 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. r 1 ]•offjw I• , e\< ' e' ) } d (J) - .OT •1,,)J :. <, ] o IS r6 IIR „° 'I CJ1 _ - (Bi U'( s : ; 6)7=Y7®114 'r•a V r.11 p1T s •] so .•( i j r. VR .I}J 1' , IF 19; Ile e• A e.) ps . p0 10 '' Y. 1 •a 0. r 0 r_ I S ,r'I R - . LAfSC 'R:. ,e'7` ]1 - Li l• l' !Gr•-, ,^`l rO i ec cz A Nu. _oG .< d)'pd` a 6 J s rr re L,a-: 9 t+ > a fACKAAT r i62\ 67)_,R s LCKS fO,T ` LAKE - _ MOOD' t r )N PL. FN 1_ ,•r'nl •(s ], 6 n j._ 4 '. 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's'e.. ] ` j g C3e1 c O C•a 2 •j .>.ae 111 , <^ rr. u D 60\ g Yf,e V ;r rrm I 2 , p`"• +(] I''-(\Sr - _+• rur 9, (a7),o rn ., OL = (+ J < J.• i % 20s) E ATES(^ IPL iT 7 fl i 1 1-- [ I 11. i f1 Pursuant to due call and notice thereof, a regular meeting oftheCityCounciloftheCityofPlymouth, Minnesota was held on -c he2_1st — day of July , 19 80 The following memhers werepresent: Ma or Hunt, Councilmembers avenporf—,-Neils and Schneider The following mem-ers were d0senf. Counci ImemBer oy Councilmember Davenport introduced the following Resolution andmoveditsadoption: RESOLUTION NO. 80- 453 APPROVING REVISED PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR MARV ANDERSON CONSTRUCTION CO. FOR ZACHARY HILLS RPUD 77-6 LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTIO14 OF HAMEL ROAD WITH ZACHARY LANE (79045) WHEREAS, Mary Anderson Construction Co. has requested approval of a revised preliminary plat and conditional use permit for 100 townhouses and 84 single family lots on a total of 70.4 acres located in the southwest quadrant of the intersection of Hamel Road and Zachary Lane; and, WHEREAS, the Planning Commission has considered the request following a duly calledpublichearingandhasrecommendedapproval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and herr!)-,does approve the revised preliminary plat and conditional use permit for Mary Anuerson Construction Co. for Zachary Hills RPUD 19 77-6 for 100 townhouses and 84 single family lots on a total of 70.4 acres located in the southwest quadrant of the intersection of Hamel Road and Zachary Lanesubjecttothefollowingconditions: I. Compliance with the City Engineer's Memorandum. 2. Dedication of trail corridor segments (approximately 1.95 acres) and of "park" area (approximately 3.44 acres) with the final platting; with the balance of the dedication requirement fees -in -lieu of dedication in accordance with the Park Dedication Policy in effect at the time of final platting. 3. Compliance with City Council Policy Resolution No. 79-80 regarding subdivi,.,ions containing or adjacent to storm water drairl:ge facilities. 4. Street names and numbers to comply with the City's ordinance. 5. No building permits to be issued until the final plat is filed and recorded with Hennepin County. 6. Final landscape plan prepared per adopted Landscape Criteria. 7. Additional landscaping shall be added to the rear of "exception" lot :vest of Zachary Lane. 8. Eliminating access onto Balsam at 48th Avenue and moving it to 4Eth Place. Th40emotionfortheadoptionoftheforegoingResolutionwasdulysecondedbyCouncilmemberNeilsanduponvotebeingtakenthereon, the0owngvote n avor t ereo ayor Hunt, Councilmembers Davenport, Neils _ The following voted against or abstained: 4uIl i member SchneiderWhereupontheResolutionwasdeclareddulypasseoaope . 14. Other Requirements (continued) 14.3 Removal of all dead or dying trees from the property at the owner's expense. 14.4 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. 14.5 Setbacks shall comply with approved setbacks for Zachary Hills 2nd Addition (35 ft. front yard; 25 ft. rear yard; 6 ft. side yard or garages; and, 10 ft. for dwellings). 14.6 No building permits to be issued until a contract has been awarded for municipal sewer and water, and the financial guarantee is submitted to the City. 14.7 This development covers: Lots 3-17, Block 1 (15 lots) Lots 2-5, Block 4 (4 lots) 13- CcoldXtoncat 64Se 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. Puts 47rR/ SUTOS C. The benefit to the developer is one of design and development flexibility; in order to utilize this flexibility, the developer has the responsibility to demonstrate that Its has substantial attributes ttoization does Indeed vienhancetheparticulararea orde a vthe pCity snmentich total. Expected attributes are: 1) Benefits from new technology in buildina desion, construction and land development. 2) Nigher standards of site and buildino desion throuoh use of trained and experienced professionals in Land Planning, Architecture and Landscaping to prepare plans for Planned Unit Developments. es 3.) More etolyield highequalityeuse of developmenteatsa lesserlcost d public facil- ities4) More useable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conven- tional land development procedures. S) Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics. emended Ord. No. 82-15) SFer 9, SusoB Pi.yMourr+ Zoow& OXj> 1 N I4MGE 77 SURVEY FOR: MARVIN H. ANDERSON CONSTRUCTION CO. DESCRIBED AS: Lot 2, Block 5, ZACHARY HILLS 4TH ADDITION, City of Plymouth, Hennepin County, Minnesota reserving the drainage and utility easements as shown on the record plat thereof. y674 966.E I- - 6 970,¢ 970 NES IR- PLA C -"- TZ ET I gOAl I — ) PON 6 i C"IC. rUgLK O Q I 6-07TONl 1/OOL ELEVATIONS Street At Driveway 9%Z, Garage Floor Yard Grade At House 9791yt Top Of Foundaiion y 7 Z F.rst Floor 7-4. Upper Basement Lowor Basement i6 7 Sanitary Sewer O jam' CERTIFICATE OF LOCATION OF ITDf NG I hereby certify that on J a i made a survey of the location of the building on the above described property and that the location of said building is correctly shown he abov P t i CEFtTIFIGATE QF UJR 7/18/84 I hereby certify that on I surveyed the property described above and that i_. t. .. r^rrort rweresenlolion of sold survey. / I 51 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 19, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88130 PETITIONER: Superior Ford, Inc/Ben Stroh REQUEST: Conditional Use Permit and Site Plan to Enlarge and Redesign Vehicle Parking and Storage Areas - No New Structures Proposed LOCATION: Southwest Quadrant of County Road 10 and County Road 18 9700 56th Avenue North) GUIDE PLAN CLASS: CS (Service Business) ZONING: B3 (Service Business) BACKGROUND: On October 15, 1973 by Resolution #73-408, the City Council approved a Site Plan and Conditional Use Permit for Charles A. Walton for the original Ford Dealership at this location. In February, 1976, by Resolution #76-103, the City Council approved a Conditional Use Permit for Superior Ford to temporarily park vehicles on their site on a non -hard surfaced area. On November 4, 1985, The City Council appointed Resolution #85-889 approving a Conditional Use Permit to Superior Ford to allow expanded outdoor storage of automobiles, and a Variance to allow temporary vehicle storage on unpaved surfaces. That Conditional Use Permit and Variance was to be renewed on a year-to-year basis. On July 20, 1988, the Community Development Director sent a letter to Superior Ford and administratively extended the Conditional Use Permit to November 4, 1988. With a completion of the sanitary sewer project to this area and the installation of sewer to the Superior Ford Site, the continued need to postpone installation of hard surface storage areas has terminated. Notice of this Public Hearing has been published in the Official City Newspaper and mailed to all property owners within 500 feet. Staff Report October 19, 1988 Page 2 PRIMARY ISSUES AND ANALYSIS: 1. Proposed is a Conditional Use Permit to allow the expansion of the storage facilities for the car dealership onto a new paved area that will total approximately 3.5 acres. Approximately one acre of this newly surfaced parking is already in use as an unsurfaced "temporary" vehicle storage area. As noted above, this temporary storage area was first authorized by a Conditional Use Permit and Variance in 1985. This "temporary" permission to use unsurfaced vehicle storage will expire November 4, 1988. The site plan also proposes to alter the parking configuration in other locations on the Superior Ford site, specifically along 56th Avenue North and adjacent to the current primary access point to 56th Avenue North. The net increase in vehicles on site, as a result of this request in action, will be 300. The total allowable vehicles on site (both storage and required off-street parking) if this proposal is approved will be 779. Of that number, 61 spaces are required by the Zoning Ordinance to meet the off-street parking requirement of the structures currently existing. 2. The Zoning Ordinance specifies six findings that the Planning Commission must make before they can recommend approval of any Conditional Use Permit. We have attached a copy of those six Conditional Use Permit Criteria together with the Petitioner's September 29, 1988 responses to those criteria. 3. Review of the Physical Constraints Analysis finds this site in the Shingle Creek Watershed District (not a part of a flood plain); containing no wetlands of consequence; containing no woodlands of consequence remaining); does present some areas of slopes of greater than 12% over the already developed portion of the site; and, displays some areas of the site with soils either marginally suitable or unsuitable for development even with public sewer service. Those unsuitable areas are used for vehicle storage, not structure. The Staff Analysis concurrent with the 1985 request for a Temporary Conditional Use Permit referenced a finding that a portion of the site may be a part of the Shoreland Overlay District of the Shingle Creek drainage area located Northwest of the site. Minnesota DNR was, at that time, notified of the possibility of the site being within a shoreland area and asked for their commentary. The DNR offered no objections to the issuing of the Conditional Use Permit. They did comment, however, that if the site were found to be within the Shoreland site it would be subject to a requirement that not more than 30% of the surface area be covered by non- absorbent surfaces (such as structures, concrete, or asphalt). Because of the critical importance of ground coverage to a Land Use such as an automobile dealership, we have again reviewed the relationship of the Shoreland Overlay for Shingle Creek in relationship to the property Staff Report October 19, 1988 Page 3 lines on the survey submitted with the Site Plan. A careful layout of that survey on the air photos for this area results in the finding that the Shoreland Overlay District of Shingle Creek does not extend into this site at its current configuration. 4. The Site Plan as submitted responds to all applicable City Code and Zoning Ordinance specifications for the work proposed to be undertaken. Specifically, provisions of the Landscape Policy and the off-street parking section of the Zoning Ordinance are responded to confirmatively. As has been the case with previous Site Plans involving vehicular storage, a distinction has been made between the areas of the site that are intended for the storage vehicles from the areas of site in which parking spaces are for transient use. In the areas where the use of the parking stalls is for storage exclusively double loaded isle width has been reduced from 26 feet to 24 feet, installed length has been reduced from 18.5 feet to 18 feet. These dimensional adjustments are considered characteristics of the Conditional Use Permit rather than a Variance to the Parking Ordinance. 5. We do not foresee completion of this work prior to the November 4, 1988 expiration of the existing CUP for temporary storage. In fact, it is doubtful this new surfacing will be complete during this construction season. An extension of the existing CUP for temporary storage until April 30, 1989 is recommended. PLANNING STAFF COMMENTS: 1. The Site Plan and Conditional Use Permit as proposed, respond to the respective Ordinance provisions and Conditional Use Permit Criteria. We recommend approval subject to the standard conditions per such actions including the Engineer's Memo. RECOMMENDATION: The attached draft recommendation is for approval of the Site Plan and Conditional Use Permit and extension of the existing Conditional Use Permit until April 30, 1989. Submitted by: Charles E. Dillerud, Community Development Coordinator Staff Report (88130) October 19, 1988 Page 4 ATTACHMENTS: 1. Resolution approving the Site Plan and Conditional Use Permit 2. Engineer's memo 3. Location map 4. Petitioner's narrative of September 29, 1988 5. Resolution #85-889 6. Conditional Use Permit Criteria 7. Letter of Director Tremere dated July 20, 1988 8. Large plans APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR SUPERIOR FORD/BEN STROH 88130) WHEREAS, Superior Ford/Ben Stroh has requested approval of a Site Plan, and Conditional Use Permit for Car Storage and Parking Lot Expansion to be located at 9700 56th Avenue North; 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 hereby does approve the request for Superior Ford/Ben Stroh for a Site Plan and Conditional Use Permit for Car Storage and Parking Lot Expansion to be located at 9700 56th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 3. Any signage shall be in compliance with the Ordinance. 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 structure, and no outside storage is permitted. 7. The Conditional Use Permit and Variance granted to this Petitioner by Resolution No. 85-889 is hereby extended to April 31, 1989. No enlargement of storage beyond the scope of that approval is hereby authorized. City of Plymouth E N G I N E E P' S M E M 0 to Planning Commission & City Council DATE: October 19, 1988 FILE NO.: 88130 PETITIONER: Mr. Sen Stroh, President, Superior Ford, 9700 56th Avenue N., Plymouth, Mn. SITE PLAN: ADDITION TO SUPERIOR FORD LOCATION: South of County Rd. 10, west of County Rd. 18, north of 56th Avenue in the southeast one quarter of Section 1. ASSESSMENT RECORDS: N/A 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. These are in addition to the assessments shown in No. 1 and No. 2. 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 Site Plan approval: 4. Area assessments estimated --Area Assessments were levied on Sept. 3. 1988 Resolution No. 88-603. 5. Other additional assessments estimated: None. Sanitary Sewer and Water Storm Sewer and Street installed by M. G. Astleford. LEGAL/EASEMENTS/PERMITS: 6. X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. N/A Yes No 7. X _ Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') 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.) 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 water requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. 10. 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. It should be noted that 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. 11. 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. 2- A UTILITIES AND TRAFFIC: N/A Yes No 12. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department 13. X Complies with Storm Drainage Plan - Bassett Creek Minnehaha Creek Elm Creek X Shingle Creek Army Corps of Engineers Other The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: See Item 2-7A 14. X _ _ Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. Hydrants will be installed with the proposed building addition. 15. X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. Watermain shall be ductile iron pipe. 16. X Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W-2. This plate should be referenced on the site plan. 18. X Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 20. X All existing street right-of-ways are required width - Additional right-of-way will be required on 21. X Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. See Item 27A. 4- N/A Yes No 22. X Curb and gutter provided - The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right-of-way. All connections to the water system shall be via wet tap. 25. X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As-Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. 5- SPECIAL CONDITIONS REQUIRED: 27. A. The storm drainage calculations submitted do not meet the requirements for five year design storm. The calculations submitted indicated 1.0 CFS for the south storm sewer system, it should be 10.0 CFS and for the north storm sewer system, 1.5 CFS was indicated and it should be 14.2 CFS. Up to five catch basins may be needed for the storm sewer system. The Site Plan shall be revised and the storm drainage calculations resubmitted. B. A catch basin and short storm sewer to the east is needed south of the existing building where the new parking stalls are being added. Submitted by:L Chester J. Harrison, Jr., P. -EE, City Engineer r x R B T M A A Phone (612) 559.9111 Superior Ford, Inc. 9700 - 56th Avenue North County Road 18 8 Bass Lake Road September 29, 1988 Minneapolis, Minnesota 55442 City of Plymouth Community Development Department 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Attn.: C. E. Dillerud Dear Mr. Dillerud, The proposed use of this conditional use permit shall be for the expansion of the parking facilities, new and used car storage for our dealership. Including all lighting, drainage, landscape and utility plans. The application is in conformance with the six (6) standards listed in Section 9 of the zoning ordinance and listed herein. 1. Compliance with and effect upon the Comprehensive Plan. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 3. The conditional use.will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Should you have any questions, please contact me. Sincerely, Ben Stroh BS:ksg Pursuant to due call and notice thereof, a reyuio -. .,,y the City of Plymouth, Minnesota, was held on the 4th day ofy mker fly The following members were present: Mayor Davenport. Councilmembers Neils Schneider, Cin and Va iii The following members were absent: n ne a.: Councilmember Vasiliou introduced the following Resolution and moved Its adoption: RESOLUTION N0. 85- B89 APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR BEN STROH, SUPERIOR FORD, INC. 85105) WHEREAS, Ben Stroh, Superior Ford, Inc. has requested a Conditional Use Permit and Var- lanee to allow for expanded outside storage of automobiles and to allow temporary vehicle storage no unpaved surfaces at 9700 56th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Publir Nearing 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 Ben Stroh, Superior Ford, Inc. for a Conditional Use Permit and Variance to allow for expanded outsidestorageofautomobilesandtoallowtemporaryvehiclestorageonunpavedsurfacesat 9700 56th Avenue North, subject to the following conditions; 1. The permit Is subject to all applicable Codes, regulations and Ordinances, and violation thereof shall he grounds for revocation. 2. The permit is issued to Superlor Ford, Inc. as operator of the facility and shall not he transferable. The site shall he maintained in a sanitary manner. 4. The permit shall be renewed in one year to assure compliance with the conditions and determine the status of permanent parking areas. 5. All parking and dlsplAv of vehicles shall be off-street in designated areas. No display of vehicles or storage of lnvento•y In yards or outside of designated areas are permitted. Tie storage of %enicles shall be located and limited to thV two areas identified on the plans staff dated September 130 1985. on inpaved 6. shallvhe maintaineds for proper thrdcainaary r, erosion tccontrol and las dust areas which free. Th- storage hestoraaofvehiclesdoesnotcomprehendcustomertraffic/circulation. 7. Appropriate legal documents, as approved by the City Attornev shall he flied and recorded at Hennepin County allowing for the parking areas and drive, to cross com- mon property lines with adjoining land. The motion for adoption of the foregoing peso ution was and upon vote bel gni d bythereon, the Councilmember Schneider following voted in Tavor thereo :Mayor uavenporty Councilmembers Neils, SchneiderCrain and Vasiliou 0 0 ng vo aye ns or a s e ne : none Whereupon the Resolution was declared duly passu an adopted. CO^o Tiona Se 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. July 20, 1988 Mr. Ben Stroh President Superior Ford, Inc. 9700 56th Avenue North Plymouth, MN 55442 Dear Mr. Stroh: CITY O PUM0 I + This is in response to your duly 14, 19PO letter to me and, to your :luly 14, 1988 letter to Community Development Coordinator Chuck Dillerud. I have reviewed the file generated by your 1985 request for a Conditional UsePermitandVarianceforthetemporaryexpandedoutsidestorageofautomohileson unpaved surfaces. I understand your anxiousness about getting your prospective plans together and I understand the frustrations you have had with the time to complete the sewer in this area. The Conditional Use Permit (copy of Resolution No. 85-889 enclosed) called for a Renewal in one year of Its original approval, November 4, 1995. That has heen extended for you once, and I believe it would have been extended again as you requested, if your letter had not been misplaced. I hereby extend the Conditional Use Permit originally authorized under Resolu- tion No. 85-899 to Friday, November 49 1988, which is exactly three years from the date of the original approval. My administrative approval is subject to the following: 1. There will be no further administrative extensions. Outside storage of automobiles on unpaved surfaces without benefit of City Council approval will not be authorized. City Council approval may or may not be granted in conjunction with your intended submittal of expansion plans for your property. I am taking into account the winter season and 1 am not authorizing continued parking or storage of automobiles on unpaved surfaces beyond November 4th, The sewer is now available and is now installed. You have adequate time to pave this area or to make other arrangements so that there is no longer a need for storage of automobiles on an unpaved surface. The extension is subject to the same conditions and requirements set forth in Resolution No. 85-889. I expect that you will take positive steps to assure that every condition is satisfied; and particularly, I draw your attention to Condition Nos. 5 and 6. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 Page two Mr. Ben Stroh Superior Ford July 20, 1988 I encourage you to promptly submit plans to Chuck Dillerud regarding any expan- sion of this facility. The review and approval process can be very expeditious but it is getting well into the construction season. A pro forma test that I must go by is whether there is a legal basis for continuinq a condition, i.e., parking on unpaved surfaces, for any business. I do not have unlimited authority to continue an infinite extension of a variance which was intended for a temporary condition. I believe this extension is responsive to your needs and your request. Tnank you for your inquiry. Call me if you have any questions regarding this. Sinrel y Blair Tremere, Director Community Development HT/gw cc: Community Development Coordinator C.E. Dillerud City Manaqer ,lames Willis File 85105 enclosure CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 20, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88131 PETITIONER: Trammell Crow Company REQUEST: Site Plan to construct new 111,000 square foot office/warehouse building LOCATION: East end of 10th Avenue North, east of Xenium Lane GUIDE PLAN CLASS: I -P (Planned Industrial) ZONING: I-1 (Planned Industrial) BACKGROUND: The revised Final Plat covering the Carlson Companies 2nd Addition, of which this site is a part, was approved July 16, 1979. Resolution No. 79-393 set the conditions to be met prior to filing of the Revised Final Plat. The Site Plan is presented to the Planning Commission and City Council, even though there are no Conditional Use Permits or Variances involved, responsive to the provisions of Section 11, Subdivision A (8) of the Zoning Ordinance which describes Site Plans that may be administratively approved. This site abuts a residential district, thereby processing of the Site Plan through the Planning Commission and City Council is required. PRIMARY ISSUES AND ANALYSIS: 1. Proposed is the construction of a 111,340 square foot multiple tenant office/warehouse structure on a site of 11.45 acres. 2. The Site Plan proposed responds affirmatively to the various City Ordinances and Policies with regard to site design. Specifically, the proposal meets all required setback requirements; all required off-street parking requirements including proof of parking to 100% occupancy; design of trash facilities (inside of the principal structure); treatment of roof -top mechanical equipment (painted on the west side to match the structure and screened with a board fence for noise control on the east end of the structure); and internal design of circulation and parking facilities, including fire lanes. Current parking construction with a total of 131 stalls (15% office/85% warehouse). "Proof of parking" for an additional 187 spaces is depicted to accommodate 100% manufacturing use. Staff Report (88131) October 20, 1988 Page 2 3. Application of the Physical Constraints Analysis to the site under consideration reveals the site to be in the Bassett Creek Watershed District and not within a shoreland management or flood plain overlay district; to contain a minimal amount of wetland area on the far eastern extremity of the site; to contain no significant woodland areas; to contain no slopes in excess of 120; and to be suitable for development with urban sewer service. 4. The exterior appearance of the structure is predominantly that of ribbed stand-up concrete panels with a 24 foot roof height. The east and west elevations of the building are dominated by that type of appearance. The north elevation of the building features 4 entry "office finish" features that include tinted glass and copper roofing. The south elevation of the structure involves the services areas with overhead doors and steps to man doors breaking up the ribbed concrete appearance. The structure is of an office/warehouse multi -tenant appearance similar to many structures in the Minneapolis Industrial Park. Direct comparability to adjacent structures is difficult to address in that the existing structures are several hundred feet away from where this structure will be located. 5. A major issue addressed during Development Review Committee (DRC) consideration of this proposal has been the relationship of the proposal to the Park System Plan, adopted in 1982. That plan depicts an enlargement to the Gleanloch neighborhood park located immediately to the east of the site upon which the proposed structure is to be located. The Park Director indicates that the enlargement is based on the need for the Gleanloch Park to provide additional unstructured open play area, not involving any facilities, equipment, or development. A need for an area 250 feet by 300 feet is considered ideal, and the area should be relatively level and free of physical impediments. Since the Final Plat and Development Contract for the Carlson Companies 2nd Addition, of which this parcel is a part, specifies that park dedication for the site will be in the form of fees -in -lieu at the time of building permit issuance, we have been advised by the City Attorney that it may not be appropriate to now require a specific dedication of land when no platting activity is being proposed. 6. The 1977 platting action including this site provided for a transition area from 50 to 300 feet in width running north/south along the east property line of the plat. The original developer was required to record a covenant with the plat providing that no improvements would take place within that transition area. The purpose of the transition area is to buffer the Gleanloch residential neighborhood from the industrial development of this Carlson 2nd Addition Industrial plat. This Site Plan conforms to the specifications of that covenant. 7. The developer also owns the parcel immediately to the south of the subject parcel. His current plan is to divide a portion of the subject parcel Staff Report (88131) October 20, 1988 Page 3 off and attach that land to the south parcel to create a more buildable site. At that time, park dedication strategy may be re -addressed with respect to both parcels. 8. The developer has indicated his intention to cooperate toward a potential solution to Gleanloch Park requirements from lands now subject to the development ban covenant. PLANNING STAFF COMMENTS: 1. We find the Site Plan to respond affirmatively to the Ordinance provisions and pertinent City Policy with respect to development of sites within the I-1 zone. RECOMMENDATION: We recommend approval of the Site Plan as reflected by the attached Resolution of approval. Submitted by: l L(AIL SW -Y" \</ Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution of Approval 2. Engineer's Memo 3. Location Map 4. Large plans APPROVING SITE PLAN FOR TRAMMELL CROW COMPANY (88131) WHEREAS, Trammell Crow Company has requested approval of a Site Plan for an office/warehouse structure of 111,000 square feet to be located at the end of 10th Avenue North east of Xenium 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 hereby does approve the request for Trammell Crow Company for a Site Plan for an office/warehouse structure of 111,000 square feet to be located at the end of 10th Avenue North east of Xenium Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication according to the Dedication Policy in effect at the time of Building Permit issuance. If, prior to Building Permit issuance, the City and the Applicant agree that other lands under the Applicant's control are suitable for expansion of Gleanloch Park, dedication of land may be substituted for part or all of the fees. 3. 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. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 5. Any signage shall be in compliance with the Ordinance. 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 structure, and no outside storage is permitted. 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. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: October 19, 1988 FILE NO.: 88131 PETITIONER: Mr. John Griffith, Trammell Crow Company, Suite 375, 8400 Normandale Lake Boulevard, Bloomington, MN 55437 SITE PLAN: MINNEAPOLIS INDUSTRIAL PARK WAREHOUSE D LOCATION: East of 10th Avenue, North of 6th Avenue on the Northeast 1/4 of Section 34 ASSESSMENT RECORDS: N/A 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 REG charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. 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 Site Plan approval: 4. Area assessments estimated - NONE 5, Other additional assessments estimated: NONE LEGAL/EASEMENTS/PERMITS: 6. X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. N/A Yes No 7. _ _ X 8. — X 9. X 10. XX 11. _ X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') 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.) Six foot drainage and utility easements will be required on the west south and east property lines The easements shall be provided in recordable form. 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 water requirements. A drainage easement for ponding purposes to an elevation of 936.0 shall be provided alone the east property line north of the south property line. All standard utility easements required for construction are provided - A 20 foot drainage and utility easement snail De provided over the proposed public sanitary sewer along with a 30 foot wide drainage and utility easement from the end of the sanitary sewer west of the west property line and 30 feet wide alone the west property line to the north right-of-way line of 10th Avenue Along with the necessary drainage and utility easements for the sanitary sewer and storm sewer within the City Park property and north and south of the building. The following easements will be required for construction of utilities. 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. It should be noted that 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. 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. 2- U N/A Yes No 12. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: 13. _ _ X 14. X 15. _ X — X DNR MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers Other Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Drainage calculations are in the process of being reviewed. Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. it will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. The exact locations of additional hydrants shall be verified with the Fire Department. Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. X Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W-2. This plate should be referenced on the site plan. 18. X Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 20. X All existing street right-of-ways are required width - Additional right-of-way will be required on 21. X Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. X 23. _ X STANDARDS: Curb and gutter provided - The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 1003 crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. N/A Yes No 24. X it will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right-of-way. All connections to the water system shall be via wet tap. 25. X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As-Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. 5- SPECIAL CONDITIONS REQUIRED: 27. A. The eight inch storm sewer from Catch Basin No. 2, noted as eight inch PVC shall be a minimum of 12 inch. B. Where the 33 inch RCP enters the Park property from Catch Basin No. 1, there is an Ag. Lime Trail. This trail shall be noted on the utility plan. C. The utility plan shall be revised to show the eight inch public sanitary sewer. D. The class of storm sewer pipe shall be noted on the utility plan. E. Plan and Profile sheets along with specifications for the storm sewer north and south of the building shall be submitted with the Building Permit Application. F. The existing storm sewer at the end of 10th Avenue is not shown correctly. Submitted by: -v `" Chester J. Ha ison, Jr., P. City Engineer ZZ i r r a: m CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE 10/19/88 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88112 PETITIONER: David Dahl REQUEST: Preliminary Plat, Rezoning, and Subdivision Design Variance to Permit The Creation of 11 Single Family Residential Lots on a Parcel of 7 Acres, and a Conditional Use Permit to allow keeping of animals. LOCATION: South of County Road 24 at Garland Lane. GUIDE PLAN CLASS: LA1 (Low Density Residential) ZONING: FRD (Future Restricted Development) 7TiT.ZeT:iili1 1 1 No prior development activity on this parcel is reflected by the Planning Department files. A notice of this Public Hearing has been published in the official City Newspaper and notice has been mailed to all property owners within 500 feet. In addition, a development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. Proposed is the platting of a seven acre parcel into 11 "conventional" single family detached building lots, including one lot upon which an existing residence will be located. The plat design includes the need to request a Variance to the subdivision design standards to allow a cul-de-sac of over 500 feet (660 feet proposed). 2. Concurrent with the platting action rezoning is also requested from the existing FRD to the R -1A that is consistent with the guiding of the property and for which the property is eligible due to the existence of public sewer. 3. The petitioner is also seeking a Conditional Use Permit to allow the owner and resident of the existing home to keep two horses and a goat on Staff Report (88112) October 19, 1988 Page 2 that parcel of 45,775 square feet until July, 1989. This Conditional Use Permit becomes.required as the property is rezoned from FRD to R -IA. The keeping of those animals is a permitted use in the FRD zone as the property now exists. 4. Consideration of the Conventional Preliminary Plat is guided by the provisions of Section 500 of the City Code. The Planning Commission is generally directed to review the Preliminary Plat within the context of the design features listed in Section 500 and the dimensional specifications of the Zoning Ordinance. 5. The Subdivision Variance is to the dimensional provisions of Section 500.17 Subd. 2 which provides, in part, that cul-de-sac shall not be longer that 500 feet. The petitioner is proposing 660 feet for the length of the cul-de-sac in this subdivision. The Subdivision Variance must be reviewed responsive to the provisions of Section 500.41, wherein the Ordinance directs that no variance shall be granted unless the Commission makes 3 specific findings. We have attached a copy of Section 500.41 which reviews the 3 findings that must be made by the Planning Commission. 6. The rezoning requested, RIR-1A, is consistent with the guiding of the parcel. The timing of the rezoning action is appropriate with this plat action and the availability municipal sewer for the site. 7. The Zoning Ordinance provides six specific findings that must be made by the Planning Commission with respect to the requested Conditional Use Permit. A copy those six criteria is attached to the Staff Report. 8. The Plymouth Physical Constraints Analysis finds the subject site partly within the Gleason Lake and partly within the Basset Creek Watershed Districts; not a part of any shoreland or flood plain overlay district; not the location of any wetlands as defined by the Constraints Analysis; contains no woodlands of significance; does not present slopes in access of 12 percent; and is suitable for urban development with public sewers. A very small portion of the site is designated as unsuitable for development, constituting the lowland portions of the site. PLANNING STAFF COMMENTS: 1. Except for the Variance applied for, as noted above, the Preliminary Plat is consistent with the design standards of the Subdivision Ordinance and the dimensional requirements of the Zoning Ordinance with respect to the development of single family conventional subdivisions in the R -1A zone. Staff Report (88112) October 19, 1988 Page 3 2. We find that special circumstances with respect to the long narrow shape of the parcel and the existence of pockets of unsuitable soils provide basis for the Variance that is requested with respect to the length of the cul-de-sac street. We find the Variance is necessary for the preservation and enjoyment of the property rights of the applicant and that the granting of the Variance will not be detrimental to the public welfare or injurious to any other property in the territory in which the property is located. 3. We find that the proposal for the Conditional Use Permit to keep two horses and one goat at the existing facilities on lot 2 for a period ending July 31, 1989 is responsive to the six Conditional Use Criteria found on the Ordinance. As an FRD district, this home is presently keeping agricultural animals by right. To extend that right by less than a year is neither detrimental to the surrounding property owners nor contrary to the general public welfare. 4. The rezoning from FRD to R -1A is responsive to the LA -1 guiding of the site in the general City Policy with regard to rezoning from FRD to the Zoning District responsive to the Land Use Guide Plan concurrent with development action and the existence of public sanitary sewer. RECOMMENDATION: We recommend approval of the development actions applied for. The attached Approval Resolution covers a Preliminary Plat, Subdivision Variance and Rezoning. The Conditional Use Permit approval is by a second resolution. Submitted by: (' ' 4 1 i= 2 Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Resolution approving Preliminary Plat, Variances, Rezoning, and Conditional Use Permit 2. Engineer's Memo 3. Location map 4. Section 500.41 of the City Code 5. Conditional Use Permit Criteria 6. Petitioner's narrative with respect to the Conditional Use Permit 7. Large plans APPROVING PRELIMINARY PLAT AND VARIANCE FOR DAVID DAHL FOR PLYMOUTH MEADOWS 88112) WHEREAS, David Dahl has requested approval for a Preliminary Plat and Variance for Plymouth Meadows, a plat for 11 single family residential lots on 7 acres located north and east of the intersection of County Road #24 and 32nd Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recortmends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the Preliminary Plat and Variance for David Dahl for Plymouth Meadows for 11 single family residential lots located north and east of the intersection of County Road #24 and 32nd Avenue 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 with credit for dedication of the trail outlot along County Road #24. 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. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Approval includes a Variance from the Subdivision Design Standards to permit a cul-de-sac sheet with a length of 660 feet where the standard is 500 feet, based on the finding that the Subdivision Code Variance Criteria have been met. 9. Incorporation of tree protection provisions in the Final Plat and Development Contract approval, providing for payment of $50.00 per diameter - inch and for a $15,000.00 Bond. CONDITIONAL USE PERMIT APPROVING A CONDITIONAL USE PERMIT FOR ROSE DITZLER TO KEEP AGRICULTURAL ANIMALS IN THE R -1A ZONE AT 16925 COUNTY ROAD 24 (88112) WHEREAS, Rose Ditzler has requested a Conditional Use Permit to keep agricultural animals in the R -1A zone located at 16925 County Road 24; 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 Rose Ditzler for a Conditional Use Permit to keep agricultural animals in the R -1A zone, 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 Rose Ditzler as occupant of the parcel and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. The permit shall expire on July 31, 1989. 5. Animals kept shall be limited to 2 horses and 1 goat. 6. This Conditional Use Permit shall become effective upon publication of the ordinance rezoning the parcel to R -1A. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: October 19, 1988 FILE NO.: 88112 PETITIONER: Mr. David R. Dahl, 4255 Kingsview Lane, Plymouth, MN 55446 PRELIMINARY PLAT: PLYMOUTH MEADOWS LOCATION: South of County Road No. 24, north of 32nd Avenue, west of Dunkirk Lane in the northwest 1/4 of Section 20 ASSESSMENT RECORDS: N/A 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. Y SAC and REC charges will be payable at the time building permits are issued. These No. 2. are in addition to the assessments_ shown in No 1 and 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 final plat approval. 4. Area assessments: NONE 5. Other additional assessments estimated: NONE t EGAt /EASEMENTS /PERMITS : 6. _ _ `C Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. — _ X 8. _ _ X 9. X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. 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 water drainage plan. A drainage easement for ponding purposes shall be provided on the Final Plat to an elevation of 1003.5. 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 is not an automatic process in conjunction with the platting process. It is the owner's 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 - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. 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 deed for outlot. 11. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MnDOT Hennepin County X MPCA X State Health Department PA X Bassett Creek X Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other TRANSPORTATION: N/A Yes No 12. X Conforms with the City's grid system for street names - 13. X The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. _ X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and IT 4:11114 15. X All existing street rights-of-way are required width - Additional right-of-way will be required on 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. See Item No 24A. 3 3 N/A Yes No 17. _ X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. 3-e& Item No. 24A. 18, X Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. 19. X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. ro c 1, 2, 3, 4, 5., and 6 shall have minimum basement elevations of 1005.5. 20. X_ The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: L^ PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tap. 23. X Complies with Storm Drainage Plan The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Shall coMply with all drainage district requirements. 24. A. The utility plan shall be revised to show storm sewer manholes with proposed invert and top elevations. The existing storm sewer under County Road 9 shall be extended to the west property line of Lot 11 to maintain drainage. B. If this plat is proposed to be developed prior to the property to the east, it will be the developer's responsibility to install sanitary sewer from Garland Lane to the existing sanitary sewer north of Fountain Avenue along with obtaining the necessary easements. C. Copies of soil borings and R -Value and street design calculations shall be submitted with the Final Plat application. D. Drainage calculations and drainage maps shall be submitted with the Final Plat application. E. The invert elevations of the culvert under County Road 24 and the drainage pattern from the pond west of Lots 8 and 9 shall be shown on the final grading plan. F. Storm sewer shall be constructed from 32nd Avenue to the pond. G. Relocate the storm sewer from Garland Lane between Lots 6 and 7 to between Lots 2 and 6. H. The trail outlot shall be deeded to the City. I. No driveway access is permitted to County Road 24. J. The driveway for Lot 11 shall be on the southerly portion of the lot. i Submitted by: Chester'J•,Harrison, P.E. City Engineer 5 n Ju t SV5D1V1511)N CoDE- VA C RNGF- 6771 Iw pqA KD 5 GENERAL CONDITIONS The Planning Commission may recommend a variance from the provisions of this Section (500.41) as to specific properties when, in its judgment, an unusual hardship on the land exists. In granting a variance, the Commission may prescribe conditions that it deems necessary or desirable in the public interest. In making its findings, as required below, the Commission shall consider the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds: a) That there are special circumstances or conditions affecting the specific property such that the strict application of the provisions of this Section would deprive the applicant of the reasonable use of the land. b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. c) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The Commission findings in granting or denying a variance shall be in writing and filed with the City Clerk. APPLICATION REQUIRED Applications for any variance under this Subsection shall be submitted in writing by the owner or subdivider at the time the preliminary plat is filed for consideration by the Planning Commission, and shall state all facts relied upon by the applicant, and shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan for the proposed project. Se CT o., 9 ComdrTona ( t4S E Perm'7- Ge-rrla 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. Request for Conditional Use Permit for Rose Ditzler in proposed Plymouth Meadows Development - Block 1, Lot 2 Rose Ditzler is presently the owner of the 7 acre approximate) parcel being replatted as Plymouth Meadows. She currently has a house, a barn and a shed on this property and has kept a number of horses, goats, ducks and geese on this property over the past years. She presently has 1 goat and 1 horse on this property. When this property is replatted, Rose will retain Block 1, Lot 2 which contains her present house and barn. This request is for a conditional use permit to retain 2 horses (one for each grandchild) and 1 goat on Block 1, Lot 2, for as long as Rose Ditzler continues to own and occupy the home at that address. Rose Ditzler 1 1 Dave Dahl J Chester Harrison Plymouth City Engineering Dept. Request for Variance - Plymouth Meadows The purpose of this letter is to request a variance to accommodate a cul de sac of 660 feet in length. This cul de sac will be the only street serving this development and represents the most logical position of the street to maximize utilization of the presently undeveloped land and minimize disruption to rear yards of the adjacent developed properties. David R. Dahl August 1988 5c CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 17, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88122 PETITIONER: Michael J. and Cynthia L. Amundson REQUEST: Amend Conditional Use Permit for the Preliminary Plat/Preliminary Plan of Bass Lake Heights RPUD to construct a Deck Addition within the prescribed setback area. LOCATION: 5630 Sycamore Lane GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: RPUD 83-4 (Underlying R -1A) BACKGROUND: On December 19, 1983, the Preliminary Plat/Plan for this RPUD was approved by Resolution 83-681. Setbacks were addressed by Condition No. 9 of the Subject Resolution referencing the PUD plan. Attached are copies of the Preliminary Plat/Plan Resolution together with the pertinent portion of the PUD plan and Resolution No. 84-96 approving the Final Plat/Plan on February 27, 1984. Notice of this Public Hearing has been published in the Official City Newspaper and all property owners within 500 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. The Applicant proposes the construction of a deck on the side of the existing home, 4 feet by 6 feet in size. This deck would be in addition to the proposed deck on the rear of the home, 16 feet by 26 feet in size no CUP amendment required). The proposed deck on the side of the home would extend to within 8.5 feet of the side property line. The PUD plan provides that setbacks shall be a minimum of 10 feet on the "living" side of a home, and in no case less than 16 feet between structures. The garage portion of the structure constructed immediately to the north is within 6 feet of the common line with this structure. The resulting distance between the two structures will be 14.5 feet if the amendment to the Conditional Use Permit is approved as proposed. Staff Report (88122) October 17, 1988 Page 2 2. An amendment to RPUD dimensional specifications such as here proposed must be reviewed by the Planning Commission consistent both with the RPUD Preliminary Plan criteria found in Section 9, Subdivision B 5 j of the Zoning Ordinance; and consistent with the Conditional Use Permit criteria found in Section 9, Subdivision A, Paragraph 2a of the Zoning Ordinance. Copies of both of those citations are attached to this Staff Report for the consideration of the Planning Commission. 3. The total structure, including the proposed deck, will occupy exactly 20% of the lot area. There is no issue of lot coverage with this application. PLANNING STAFF COMMENTS: 1. The orderly development and improvement of the surrounding property - particularly the property within the Bass Lake Heights Planned Unit Development - will be impacted by the proposed Conditional Use Permit. The basic design of the Bass Lake Heights Development was clearly predicated on sideyard minimums that were clearly stated. The sideyard minimums approved for this RPUD already provided for a substantial reduction from the R1 -A zoning standards that would otherwise apply. Fifteen feet on both sides). In fact, the RPUD provision for the sum of two adjoining sideyards to be as little at 16 feet represents nearly a 50% reduction from the conventional Zoning Ordinance standard. We cannot find any physical characteristics of the subject site that is sufficiently unique to justify the amendment to the Planned Unit Development proposed. 2. Since the subject site cannot be viewed as in any way unique with respect to the other sites within the Bass Lake Heights RPUD, approval of the proposed Conditional Use Permit amendment will become precedent for any such amendment to sideyard specifications throughout this 80 lot RPUD. In addition, the approval of a setback of less than 10 feet on the "living" side of a residential structure in a single family detached neighborhood will constitute a departure from a setback standard that the City has maintained even in Planned Unit Development designs. 3. It is the larger issue of maintaining the integrity of the Planned Unit Development rather than 18 inches of setback that forms the basis for the Staff recommendation for denial of the requested Conditional Use Permit amendment. RECOMMENDATION: We have attached a draft recommendation for denial of the Conditional Use Permit amendment based on findings related to the Conditional Use Permit and Staff Report (88122) October 17, 1988 Page 2 Planned Unit Development criteria found in the Zoning Ordinance. Consistent with Planning Commission direction we have also included a draft action for approval of the Cond' i nal Use Perm'amendmen Submitted by: G Charles E. Dillerud, ommunity Development Coordinator ATTACHMENTS: 1. Location Map 2. Draft action for denial of the Conditional Use Permit amendment 3. Draft action for approval of the Conditional Use Permit amendment 4. Petitioner's narrative 5. Section 9, Subdivision B 5 j of the Zoning Ordinance 6. Conditional Use Permit criteria 7. Resolution 83-681 8. Resolution 84-96 9. Petitioner's plans DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT AMENDMENT FOR MICHAEL AND CYNTHIA AMUNDSON (88122) WHEREAS, Michael and Cynthia Amundson have requested approval for a Residential Planned Unit Development Conditional Use Permit Amendment for property located at 5630 Sycamore Lane to allow deck construction to within 8.5 feet of the side lot line where 10 feet is the approved RPUD standard; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the Residential Planned Unit Development Conditional Use Permit Amendment for Michael and Cynthia Amundson located at 5630 Sycamore Lane, based on the following finding: 1. The request is not responsive to Residential Planned Unit Development Conditional Use Permit findings with respect to compatibility with the surrounding neighborhood. 2. The amendment would establish an undesireable precedent for this and similar developments. n APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT FOR MICHAEL AND CYNTHIA AMUNDSON (88122) (RPUD 83-4) WHEREAS, Michael and Cynthia Amundson have requested a Planned Unit Development Plan Conditional Use Permit Amendment for property located at 5630 Sycamore Lane to allow deck construction 1.5 feet inside of the 10 foot sideyard setback; 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 Michael and Cynthia Amundson for a Residential Planned Unit Development Plan Conditional Use Permit Amendment to allow deck construction 1.5 feet inside of the 10 foot setback per plans filed at 5630 Sycamore Lane pursuant to the following findings and conditions: 1. No other amendments or variances are granted or implied. 2. All applicable requirements of the City and State Building Codes shall be implemented and enforced; no Code requirements are waived by this approval. 3. The granting of the Permit is responsive to criteria of the Zoning Ordinance for Conditional Use Permits and PUD plans. 0. ti I 76.6.83' Fd S. 452) c t+s.a• larIrl -n• . A• w• . AJ i ) i 0.l. A 42) t (5) Oo +q 121.1. 4.9) t . ( 45) ) y Qy l(55) (48 (5) 21. ar 56) 14 14) owe +•,. (a) - 3 is ry (6 (]6) (35) \ (7. 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[-..i t+-\ a VA d a V dS _ Sc= ( d rl lac --ILL VA 9 0 11 2 Z-oV) inG4cZvlcE' `. cci LZ(t 61 ry, e lvit , n-1 _3 t vt- f /z vt c e c3 1 d 012 -HAP-- 4-1f) HAS4--0 or Vlnp z ( D GO 1-p (_ e I d 1L ..w i 1 o %e i nJ c -t 1S f t.t s- and merit 'oJ rvt v,t o - v ft, ,o e' -Dv1d_.v cI sof r.ti.-za r op- v(r-fe-s -t v Q hhdrh uV o r_.l .- 1LQ t v-, - a r.5 ( cz ui % c c- J (,ID , T(ne o Q fih ee_ cc-1 11 ¢_ r vase e( ` w t ( 1 v -f- t'-ce,' -4-V ie 1 6 0 cvLl C-6V G/v t„Ji l' (r PLY110UTH ZONIl4G ORDINANCE 0 Section 9, Subdivision 10) A Natural Resource Analysis containing the existing vegeta 'on areas consisting of forest and woodiots as well as wetlands and tland vege- tation; the geology, slope, soil and ground water chara ristics of the site; existing lakes, streams, ponds, drainage swale , run-off settling areas, and floodplains must be identified; analys' of the relationship of the proposed use of the existing natural con tions listed above. 11) Circulation - including vehicular and pede rian movement throughout the site, relationship to the City Thorough re Guide Plan and the adjoining land, a descriptive statement of ob' ctives and standards for the var- ious circulation elements and he proposed jurisdiction of each component. 12) Densities and distributi for the various residential categories, pro- jected occupant charac ristics and projected market sales price of the housing units. The tabulations will be used to evaluate the adequacy of living space, pen space, educational facilities, utility systems, traffic genera ons and other services both public and private. 13) Mass grad' g - indicating which areas must be adapted to allow the dev- elopmen proposed and how it will visually and physically affect adjoin- ing ands, and what soil erosion and sediment controls are to be e oyed. 14 Staging plan indicating geographic staging and approximate sequence of the plan or portions thereof. i. The Planning Commission will hold a public hearing or hearings on the P.U.D. Preliminary Plan, Conditional Use Permit, Preliminary Plat and Zoning Amend- ment in the j. The Planning Commission, after holding the public hearing, shall make its recommendations to the City Council for approval; approval with conditions; or denial of the Conditional Use Permit for a P.U.D., preliminary plat and rezon- ing if considered. The Planning Commission shall forward to the City Council its recommendations based on and including, but not limited to the following: 1) Compatibility with the stated purposes and intent of the Planned Unit Development. 2) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the City's Comprehensive Plan and to other provisions of the Zoning Ordinance. 3) Internal organization and adequacy of various uses or densities; circu- lation and parking facilities; recreation areas and open spaces. 9-17 se CT 0t, 9 C o^ d rTo rt ca ( t4S E Pe,M,T C ei rer,a 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Pian. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. CITY OF PLVNC TN Pursuant to due call and notice thereofo a regular mroetinq of the City Council of the City of Plymouth, Minnesota, was "Id on 83dayofDecember19. The following me" were present: Mayor bavenpor ou cilmembers Moen, NeIrS, Schneider and Threinen MW following rs were absents none Councilmember Moen introduced the followlnq Resolution and moved its doPtIon3 RESOLUTION NO. 83- 681 APPROVING RESIDENTIAL Pl!,NHED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT, AND CONDITIONAL USE PERMIT FOR DICKMAN KNUTSON, K -M PARTNERSHIP FOR BASS LAKE HEIGHTS (RPl)n No. A3- ) 83008) WHEREAS, Dickman Knutson, K -M Partnership, has requested approval of a Residential Planned Unit Development Preliminary Plan/Plat, Rezoninq and Conditional Ilse Permit for 80 residential lots on 38.3 acres located west of Pineview Lane, south of County Road 47, north of Soo Line Railroad and east of I-494; and, WHEREAS, the Planning Commission has reviewed the request at a duly called puhlic hear- ing 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 Residential Planned Unit Development Preliminary Plan/Plat, and Conditional Use Permit for Dickman Knutson, K -M Partnership, for Bass Lake Heights, on property located west of Pineview Lane, south of County Rnad 47, north of Soo Line Railroad and east of I-494, subject to the followlnq 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 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. 5. Payment of park dedication fees -in -lieu of dedication with appropriate credits In an amount determined according to verified acreage and paving costs and ac- cording to the Dedication Policy in effect at the time of filing the Final Plat. 6. Street names shall comply with the City Street Naming System. 7. The rezoning ordinance shall be published when the Final Plat has been filed. 8. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. PLEASE SEE PAGE TWO 4ii1... t Page two Resolution No. 83- 681 9. Setbacks shall be per approved plan, noting that the side yard setback on the garage side of the dwelling units shall be 6 ft. minimum and in any case, the side yard setback between two dwelling units shall he a minimum of 16 ft.; front yard setback shall be 30 ft. for the L-shaped" dwellings; all others shall be 35 ft. 10. Appropriate legal documents regardlnq covenants, Homeowner Association restrictions and bylaws, as approved by the City Attorney, shall he filed with the Final Plat. 11. Maximum number of dwelling units shall be 60 with a density of 2.2 units per acre for the land at or above the established High Water Elevation per the City Storm Water Drainage Plan as verified by the City Fnnineer. One bonus point is assigned as follows: a). One point based on the provisions for open space. 12. Minimum lot size shall be 9,500 sq. ft. 13. Double fronted lots on Pineview Lane shall have a minimum depth of 150 ft. 14. Double fronted lots for single family detached dwellings on County Road 61 shall have a minimum depth of 145 ft. If other than sinqle family detached lots are proposed, the minimum lot depth shall he 120 ft. along proposed County Road Al. All lots on proposed County Road 61 shall be buffered by an earthen noise barrier. 15. No phasing requirements are Intended or Implied. 16. The Homeowner's Association covenants and restrictions shall he submitted with the Final Plat application and shall be approved by the City Attorney, and such conditions, covenants, and restrictions shall provide: There shall he no more than 20 modular homes In the development; there shall be no modular homes adjacent to Pineview Lane; all homes shall have, at a minimum, double car attached garages; and, all homes shall have a minimum 1,100 sq. ft. finished living area at the time of Initial occupancy; further, the 14 lots abuttinq Pinuview Lane and Outlot D ("Area All on the petitioner's drawlnq with the letter of December 16, 1983) shall have a minimum of 1,100 sq. ft, of fin!shed living area on the main level. The motion Tor adoption of the foregoing Resolution was duly seconded by Councilmember Threinen , and upon vote being taken t .rem eonthe following votedn favor thereof t Mayor avenport, Councilmembers Moen, Nei's and Threinen The following voted against or abstained: Gouncllmemner acnneiuer Whereupon the Resolution was declared duly passed and adopted. dsk2-A.2 0 J Ld Q Z W J n l d J tLli W Q u J o m o Lu °- lll LD r0 QQZO J Z -j ' 0 u N n pW J Z c11 u W 0 Q Q plc i WO w W` w N O `n LD OQ r c ow"PLU _j< 0o3 I CITY OF PLYMOUTH Pursuant to due call and notice thereof, a s ecial meeting of the City Council of the City of Plymouth, Nieeesota, was held on t 277th day of February1984. The followinq members sere present: Mayor Davenport, Councilmembers Schneider And Crain ...... I I . ....... . 11he Tollowing members were absent: Councilmem ers Moen and Neils ss a• Mayor Davenport introduced the following Resolution and moved its t on: RESOLUTION NO. 84- 96 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR RASS LAKE HEIGHTS FOR BLH DEVELOPMENT COMPANY (83008) WHEREAS, the City Council has approved the Final Plat and development Contract for Rass Lake Heiqhts as requested by B1,9 Development Company: NOW, THEREFORE, rE 1T HEREBY RESOLVED BY MINNESOTA, that it should and hereby does recordinq of, and related to said plat: THE CITY COUNCIL OF TNF CITY OF PLYHnilTH, approve the following to he met, prior to 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with Citi Policy in effect at the time of filing the Final Plat. 3. Provisions for a 30 -ft. wide trail easement per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with suhmittal of detailed plans as to construction of the trail per City standards. 4. Submittal of required utility and drainage easements as approved by the rity Enainrer prior to filing the Final Plat. 5. Appropriate legal documents regarding Homeowner Association covenants and restrictions as approved by the City Attorney, shall he filed with the Final Plat. 6. A variance is granted for street desion to allow up to an 8% orade. The motion for adoption of the foregoing Resolution was duly seconded by o ncilmember Crain , and upon vote beino taken thereon, t% ollowinq voted n favor thereof': Mayor evenport, Councilmember Crain The following votes against or aostai Whereupon the Resolution was declared dsk8 i 1 I 1 I 5; 1 a `I D 1 I 30.Oo L 9E N R 60.3 y a o a W r 4 1 L 80.00 1 CN NI r J Ii MH V 50 rh 'tialp '44fr 5r B0 00 12 '0 E 5 9. 94, O Denotes Iron Monument Denotes Wood Stake X000.0 Denotes Existing Elevation Proposed lop of Foundation Elevation= 1004. 5000.0) Denotes Proposed Elevation Prcposed Garage Floor Elevation- 1 no +- p Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation- o Top n f A/ d. cvI - de Sao 57if Aa, h' 3 cie-v, /01o.29 I hereby certify that this Is a true and correct representation of a survey of the boundaries of: Lot 2, Block 1, BASS LANE HEIGHTS 3RD ADDI7'0N, Hennepin County, Minnesota And of the location of all buildings, it any, thereon, and all visible encroachments, if any, from or on said land. It also shows the location of the stakes as set for a proposed building. As surveyed by me or under my direct supervision this 23rr day of A71eus r 198_ Paul A. Johnson Land Surveyor, Minn. Reg. No.10938 CERTIFICATE OF SURVEYR,,7 forMcMBS-KNUTSGfJASSOCIATESINC. fUL1gD 11DIRnRS • LARD ]UAl(,011t tail ?IARA( RE/D E N C O N S Te 51) CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 18, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88123 PETITIONER: James Parker REQUEST: Preliminary Plat and Variance to the Subdivision Ordinance to create two building lots (existing structure on one lot) LOCATION: Northwest quadrant of 49th Avenue North and Zachary Lane GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: The Planning Department records reveal no prior applications or development activity involving this parcel. The site is surrounded on three sides by the open space outlot of the "Arrowwood Addition". Notice of this Public Hearing has been published in the Official City Newspaper and mailed to all property owners within 500 feet. In addition, the development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The Application is to plat an existing metes and bounds parcel of slightly over 33,000 square feet into two building lots, each slightly over 16,000 square feet. The northerly parcel would contain the existing one story home. A new home would be constructed on the south parcel. This is proposed to be a "conventional single family plat" and therefore R -1A Zoning Ordinance standards are applied. A Variance to the Subdivision Ordinance is requested to allow conventional standards for the proposed lots that would be less than the requirement under R -1A zoning. Specifically, it is proposed that the lots be 16,392 square feet and 16,735 square feet instead of the required 18,500 square feet. It is also proposed that the lot depth range from a minimum of 111 feet to a maximum of 115 feet, where the R -1A standard is 120 feet. 2. The action as proposed is responsive to Section 500 of the Plymouth City Code covering conventional subdivisions. The Variances being applied for are responsive to Section 500.41 of the City Code, which specifies that Staff Report (88123) October 18, 1988 Page 2 the Planning Commission may recommend a Variance from the provisions of the Subdivision Ordinance where an unusual hardship on the land exists. The Planning Commission is directed to consider three findings positively before it may recommend approval of the Variance. A copy of the Ordinance section containing the three findings referenced is attached. 3. With the exception of the Variances noted above, the proposed Plat is designed consistent with the Subdivision Ordinance and the requirements of the City Engineer, including the dedication of all required right-of-way on Zachary Lane. PLANNING STAFF COMMENTS: 1. It is certain that the property division that created this parcel of 33,000 square feet took place many years ago, perhaps prior to active involvement by the City in Zoning. We can determine that this division took place prior to the time that records were kept within the Planning Department for such activities. The issue related to the foregoing observation is that of "self-imposed hardship". Whatever hardship which may exist in support of the Variances requested is not self-imposed. 2. We do not believe that maintaining a single lot of over 33,000 square feet at this location represents a reasonable use of the land. The effective development density of the Arrowwood Development that surrounds this site is in excess of three units per gross acre. The density impact of this Preliminary Plat would be slightly over 2.6 units per gross acre. The density impact of denying the proposed plat, thereby limiting development to a single unit on 33,000 square feet would be 1.32 units per gross acre. The 2.6 units per gross acre that would result from the plat as proposed is reasonable east of the property given the surrounding development. To require the land to remain as a single parcel resulting in 1.32 units per gross acre is unreasonable use of the land. 3. The Variances as applied for are required and necessary for the preservation and enjoyment of a substantial property right of the Applicant. 4. By granting the Variances requested, the City will not in any way harm the public welfare or injure other property in the territory in which this property is located. The parcel is particularly well -buffered to the west by the existence of the Arrowwood, and open space, and to the east by the existence of Zachary Lane. Staff Report (88123) October 18, 1988 Page 3 RECOMMENDATION: We recommend approval of the Preliminary Plat as proposed including the Variances for lot area and lot depth. We have attached a draft recommendation for approval. 0 Submitted by: Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Staff recommendation for approval of the Preliminary Plat with Variances 2. Location Map 3. Section 500.41 of the City Code 4. Engineers Memorandum 5. Petitioner's plans APPROVING RESIDENTIAL PRELIMINARY PLAT FOR JAMES PARKER (88123) WHEREAS, James Parker has requested approval for a Preliminary Plat and Variances for the creation of two building lots and Variances for lot size and lot depth on Zachary Lane at 49th Avenue North; 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 hereby does approve the Preliminary Plat and Variances for James Parker for a two lot subdivision located at Zachary Lane at 49th Avenue North, , subject to the following conditions: 1. Compliance with the 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 Final Plat approval. 3. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 4. Variances to Section 500.21 of the City Code are hereby approved to allow lot sizes of 16,392 square feet and 16,735 square feet; and to allow a minimum lot depth of 111 feet. 5. No Variances are granted or implied with respect to minimum yard setbacks. 0 w a It VIAwl W L%h4 I u Plymouth City Code 500.39 j00.39. Sea Level Elevations Required. All surveys submitted in connection with applications for waivers of the provisions of Minnesota Statutes, Section 462.358, Subdivision 4, or for division or consolidation of lots or tracts as provided in Section 500.37 shall show thereon sea level elevations at 50 foot intervals. 500.41. Variances. Subdivision 1. General Conditions. The Planning Commission may recommend a variance from the provisions of this Section as to specific properties when, in its judgement, an unusual hardship on the land exists. In granting a variance, the Commission may prescribe conditions that it deems necessary or desirable in the public interest. In making its find- ings, as required below, the Commission shall consider the nature of the pro- posed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds: a) That there are special circumstances or conditions affecting the specific property such that the strict application of the provisions of this Section would deprive the applicant of the reasonable use of the land. b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. c) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is located. The Commission findings in granting or denying a variance shall be in writing and filed with the City Clerk. Subd. 2. Application Required. Applications for any variance under this Subsection shall be submitted in writing by the owner or subdivider at the time the preliminary plat is filed for consideration by the Planning Commission, and shall state all facts relied upon by the applicant, and shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan for the proposed project. 500.43. Compliance; Waivers; Building Permits. Subdivision 1. Conveyance of Land. Any person who conveys land by metes and bounds or by reference to an unapproved plat or registered land survey in violation of the provisions of Minnesota Statutes, Section 462.358, Subdivision 4, is subject to the penalty provisions of that Section. Subd. 2. Waiver of Compliance. In any case where compliance with the provisions of Minnesota Statutes, Section 462.358, Subdivision 4 will create an unnecessary hardship and failure to comply will not interfere with the purpose of this Section, the City Council may by resolution waive compliance with this Subsection, provided, however, that the proposed conveyance has been reviewed by the Planning Commission and the Commission has found that it complies with all provisions of this Section. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 19, 1988 FILE NO.: 88123 PETITIONER: Mr. James H. Parker, 5811 Cedar Lake Road, St. Louis Park, Mn. 55416 PRELIMINARY PLAT: LEHN ADDITION LOCATION: West of Zachary Lane, north of 49th Avenue, in the northeast quarter of Section 11. N/A 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. These are in addition to the assessments shown in No. 1 and No. 2. 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 final plat approval. 4. Area assessments: None. 5. Other additional assessments estimated: Assessment for Sanitary Sewer Lateral and Watermain Lateral not previously assessed 85,983.04. 6. _ _ X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. g, 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 water drainage plan. 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 is not an automatic process in conjunction with the platting process. It is the owner's 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 - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary foi 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 necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MnDOT Hennepin County MPCA State Health Department 2 X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other TRANSPORTATION: N/A Yes No 12. X _ Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. _ _ X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions :rust be made to conform with the City's adopted Thoroughfare Guide Plan. Additional 20 feet of right-of-wav is required for Zachary Lane. 14. X — — Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. X All existing street rights-of-way are required width - Additional right-of-way will be required on An additional 20 feet of right-of-way In required for Zachary Lane, 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 N/A Yes No 17. X 18. X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. 19. X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. 20. X The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via 23. — _ X Complies with Storm Drainage Plan The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Certificate of Survey shall include proposed grading and shall bsubmittede to Bassett Creek for their review showing erosion control methods. 24. A. The developer shall be responsible for extending the water curb box to the new property line for both Lots 1 and 2. 7 Submitted by: Chester J':_ arrison, Jr., P.E. City Engineer 5 5A CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE October 20, 1988 COMMISSION MEETING DATE: October 26, 1988 FILE NO.: 88060 PETITIONER: Graham Development/CSM Corporation REQUEST: Residential Planned Unit Development (RPUD) Preliminary Plat/Plan and Conditional Use Permit to develop a 75 acre parcel with 292 townhome units and 85 single family detached lots. LOCATION: The southeast quadrant of County Road 47 and Interstate I- 494 GUIDE PLAN CLASS: LA -3 (Medium Density Residential), LA -2 (Low Medium Density Residential), and LA -1 (Low Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: On July 11, 1988, the City Council, by Resolution No. 88-393, approved an RPUD Concept Plan for the subject site that provided for 310 townhome units and 85 single family lots. Notice of this Public Hearing has been published in the Official City Newspaper and mailed to all property owners within 500 feet. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The Application is for the Preliminary Plan/Plat and Conditional Use Permit stage of a project proposed to now total 377 dwelling units on a site of 76 gross acres. The project provides for 85 single family detached building lots together with 4 lots upon which 292 townhouse units are to be constructed. 2. A review of the Preliminary Plan/Plat is guided by provisions of the Zoning Ordinance where criteria are listed upon which the Planning Commission should base its recommendations to the City Council as follows: Staff Report (88060) October 20, 1988 Page 2 a. Compatibility with the stated purposes and intent of the Planned Unit Development. Paragraph 1, Subdivision B, Section 9 of the Zoning Ordinance addresses the purpose of the Planned Unit Development ordinance, primarly in terms of the attributes expected of a Planned Unit Development proposal. Applicant by his letter of May 2, 1988 has addressed the responsiveness of the plan proposed to those attributes. His response was related to the Concept Plan for the site, but is equally applicable to the Preliminary Plan stage. b. Relationship of the proposed plan to the neighborhood in which it is proposed to be located to the City's Comprehensive Plan and to other provisions of the Zoning Ordinance. The Preliminary Plat/Plan responds to the various elements of the Comprehensive Plan affirmatively. Specifically, the inclusion of the Northwest Boulevard corridor and the Pineview Lane re -alignment is an important response to the Thoroughfare Guide Plan. In addition, the Land Use Guide Plan specifies various portions of the total RPUD site as guided LA -1, LA -2, and LA -3. The 72 acre overall PUD size qualifies the proposal for 3 RPUD density bonus points consistent with the provisions of Section 9, Subdivision B of the Zoning Ordinance. Those bonus points alone qualify the project for 2.2 units per net acre in LA -1, 3.4 units per net acre in LA -2, and 6.0 units per net acre in LA -3. Our calculations indicate that the total RPUD site of 72 net acres qualifies for 384 total units based on the Land Use Guide Plan districting for the site coupled with the 2 bonus points the site is entitled to by the Zoning Ordinance. The Parks and Trails element of the Comprehensive Plan also draws a response to the Preliminary Plat/Plan under consideration. Specifically, the trail ocrridor specified in the trails element along the Northwest Boulevard is provided for dedication on the east side of Northwest Boulevard. Construction of that trail will take place concurrent with the public improvement construction of Northwest Boulevard. Considering the scale of the project, the relationship to adjoining neighborhoods is relatively insulated by existing or future major thoroughfares. To the extent that the proposed plan does directly relate to adjoining neighborhoods, the proposed development style is similar to that which exists in the adjoining neighborhood (on the east), or Petitioner is proposing a landscape and elevation change transition to adjoining neighborhoods where his use structure differs from that existing or planned in the adjoining neighborhood (to the south and west). Staff Report (88060) October 20, 1988 Page 3 c. internal organizaLlOn dI1U dUt!gUdLY VI V01fVuZI uacZ VI ucnai ic. circulation and parking facilities: recreation areas and open spaces. The Preliminary Plat/Plan proposals regarding these issues have not changed significantly from the approved Concept Plan. The circulation features for streets represents a compromise between perfect road design and recognition of the topographic and landscape features that currently exist on the site. All recreation areas and open spaces on the site except the trail corridor mentioned above, are private in nature. The Applicant has provided on his Landscape Plan details for the structures to be provided in these areas and landscaping that will be installed. The areas do not differ significantly from those depicted in the approved Concept Plan. 3. The Preliminary Plat/Plan must also be reviewed with respect to the responsiveness to design considerations contained in the resolution approving the Concept Plan. Issues raised by a Concept Plan Approval Resolution No. 88-393 and the measures found in the Preliminary Plat/Plan addressing those issues include the following: a. iransltlon LO dUIOIIIIIIU UdVLUI, VII LIM IIVI LII nczL anu JVuu1 vtvv...'X lines and internal transition between structure types. The Preliminary Plat /Plan proposes transition to the west property line by way of a combination of landscape features (depicted by the Landscape Plan) and topographic berming (depicted by way of the Grading Plan). The height of the berm proposed varies from 6 to 12 feet. To the south and east transition is exclusively landscape (spruce and pine).The transition to the north for both the single family along Pineview Lane and the townhomes along County Road 47 is again primarily provided with evergreen landscape plantings. The internal transition between the two dwelling types is both addressed with landscape plantings and 20 feet of topographic differential between the single family homes and the townhouse structures. b. Provision of a_private internal tragi system constructeu Lo LILY specifications. The approval resolution for the Concept Plan did not specify at what stage the plans for the private internal trail system were to be presented, however it is typical that at least tentative plans of this nature be presented at the Preliminary Plat/Plan stage. The southerly single family detached neighborhood is shown to have a 5 foot sidewalk constructed to City standards to provide internal circulation and access to the private and open space. Neither the northerly single family development nor the townhouse development, at this stage, reflect any type of a private trail system to provide access to the private open space as the Concept Plan resolution directs. The Applicant has not provided a reason for not providing those plans. Staff Report (88060) October 20, 1988 Page 4 c. Attention to the preservation of natural amenities on the site. The Petitioner has presented a detailed graphic analysis of existing site conditions with respect to landscape features of the site. Petitioner has also provided a graphic plan for the preservation of the existing vegetation, primarily in the northeast single family residential area and in the center of the townhouse area. 4. The Physical Constraints Analysis indicates this site is located in the Shingle Creek Watershed District but contains no hydrological features of significance involving shoreland or flood plain overlay district considerations; contains only a small wetland area adequately addressed with the Preliminary Plan as to preservation; contains 2 woodland areas of consequence, both of which are addressed in the Tree Preservation Plan; contains several areas involving slopes of 129-. or greater, providing a major basis for the design that we are now considering; and contains a small portion of the site considered unsuitable for urban development with public sewers. Those areas are scheduled to not be constructed upon by the current plan. 5. The current Environmental Quality Council rules state this project is of a scale requiring an Environmental Assessment Worksheet. The City of Plymouth will be the Responsible Government Agency on such an action. The Petitioner has submitted a draft Environmental Assessment Worksheet which Staff will submit to the Environmental Quality Board if and when the City Council approves the Preliminary Plat/Plan and Conditional Use Permit. 6. With respect to dimensional standards, the Preliminary Plan proposes that the single family lots maintain a 30 foot frontyard setback; 15 foot sideyard setback; and 30 foot rearyard setback; with a minimum lot width of 80 feet at the front setback line. The minimum single family lot size proposed is 11,000 square feet. With respect to the townhomes, it is proposed that there be 32 buildings of 8 units, 24 buildings of 6 units, and 12 buildings of 4 units with external setbacks of the structures to the adjoining residential development to be 30 feet. Proposed street setbacks to Northwest Boulevard and County Road 47 for both the single family detached and the townhomes is proposed to be 50 feet. Setback to the west property line for the townhomes is proposed to be zero at a minimum based on the assumption that the adjoining West Medicine Lake Boulevard will be vacated upon the opening of Northwest Boulevard. No representation as to lot coverage is made by Petitioner. Lot coverage, therefore, is to be per the Zoning Ordinance standards of 20% maximum. Staff Report (88060) October 20, 1988 Page 5 PLANNING STAFF COMMENTS: 1. The proposed Preliminary Plat/Plan is responsive to the approved Concept Plan for the subject parcel. The building unit types and densities are both responsive to the Land Use Guideplan and the reasonable design given the physical site characteristics. The site is designed responsive to identified Physical Constraints and the existing natural amenities. 2. Our concern continues with regard to the transition of the subject project to adjoining properties. Particularly, our concern lies with the transition to the south to LA -3 guided property that is yet to be developed. We reiterate the need and requirement for the developer to provide the transition on the subject parcel rather than relying on the adjoining property owner to the south to provide that same transition. It is this developer that has chosen to go to single family detached housing on LA -3 guiding, and the property owner to the south should not be penalized for that. With the lack of topographical relief or distance, we are concerned that the proposed method of transition landscaping alone is not sufficient to provide an adequate protection for the change of use that will likely occur. 3. No private trail system has yet to be proposed for the townhouse area or serving the single family detached neighborhood to the north. Access to the private, open space areas proposed was a major topic during Concept Plan discussions. At least a preliminary location of such trails in the townhouse area should be a part of this stage of approval 4. The Petitioner has done a creditable job in identifying the existing natural vegetation of the site. His plan for preserving as much of the natural vegetation as possible appears reasonable given the substantial other physical constraints this site presents to design. RECOMMENDATION: We hereby recommend approval of the Preliminary Plat/Plan, Re -Zoning and Conditional Use Permit and have attached a Resolution providing for those actions subject to a number of conditions, including those normally attached to RPUD Preliminary Plan approvals and those related to concerns addressed above. If the Planning Commission concurs that all trail plans - as to location - be a part of this RPUD stage, deferral for inclusion of those plans for the townhouse area may be in order. Submitted by: -`)\!` Charles E. Dillerud, Community Development Coordinator Staff Report (88060) October 20, 1988 Page 6 ATTACHMENTS: 1. Draft Resolution for Approval and Conditional Use Permit 2. Engineer's Memo 3. Location Map 4. Resolution No. 88-393 5. Petitioner's letter of August 6. Large Plans of the RPUD Preliminary Plan/Plat, Re -Zoning 10, 1988 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT/PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR GRAHAM DEVELOPMENT/CSM CORPORATION (88060) WHEREAS, Graham Development/CSM Corporation have requested approval for a Residential Planned Unit Development, Preliminary Plan/Plat and Conditional Use Permit for Bass Lake Hills for 85 single faily detached lots and 292 townhomes on approximately 76 acres located at the southeast corner of County Road 47 and I-494; 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 hereby does approve the request for the Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Graham Development/CSM Corporation for Bass Lake Hills located at the southeast corner of County Road 47 and 1-494, 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 verfied acreage and paving costs and according to the Dedication Policy in effect at the time of filing the Final Plat issuance. 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 on sites adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with filing of the Final Plat. 8. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 9. Maximum density shall be 5.22 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. Two density bonus points are assigned for the project size. The maximum number of dwelling units is 377. 10. No private Drive access shall be permitted to County Road 47 or Northwest Boulevard; all private drives shall be provided by internal public streets. 11. The private trails shall be built to City standards and shall be constructed prior to issuance of Occupancy Permits for homes on lots adjacent to the trails. 12. The minimum sideyard setbacks for all detached dwellings and accessory buildings shall be 15 feet; the minimum front setback shall be 30 feet; and the minimum rear setback shall be 30 feet. 13. The design of proposed private open space areas including tot lots is specified on the Landscape Plan. The approved improvements and equipment shall be installed prior to issuance of Building Permits for homes on the adjacent lots. All Landscape Plan improvements shall be secured and guaranteed with a Site Improvements Agreement. 14. Staff shall incorporate with the Final Plat and Development Contract, the provision for tree protection, as earlier drafted, providing for payment of $50.00 per diameter - inch and for a $15,000.00 Bond. 15. Completion of the Environmental Assessment Worksheet Process as required by the Minnesota Environmental Quality Board. DATE: FILE NO.: PETITIONER: PRELIMINARY PLAT: LOCATION: ASSESSMENT RECORDS: City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council October 19, 1988 Mr. David Carland, CSM Corporation, Minneapolis, Mn. 55414 BASS LAKE HILLS ADDITION 680 Kasota Avenue, South of County Rd. 47, west of Pineview Lane, east of W. Medicine Lake Drive, east half of Section 3. The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. Y Sanitary sewer area assessments have been levied based on proposed use. 3. Y SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments No. 2• shown in No. 1 and 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 final plat approval. 4. Area assessments: Watermain Area Assessments based minus 46.86 units_ previously assessed = 330.14 units equals 5226,145.90. Sanitary Sewer Area Assessment 46.86 assessed = 330.14 on x S685 based units 377 units per unit on 377 x S380 per 5. units minus units previously units = S125.453,20, Other additional assessments estimated: Project Boulevard, See Item 24A. 416 Northwest EGAL/EASEMENTS/PE 6. X MITS: Complies with standard utility/drainage easements The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. X 8. - - x All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. 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 water drainage plan. A drainage easement for ponding purposes shall be provided to the elevation of 970.0 for Pond SC -P15 and for the pond west of Northwest Blvd and south of Co. Rd. 47 to the established 100 Year Elevation, 9. 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 is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. When the new intersection of Northwest Boulevard and Pineview lane and County Rd. 47 is constructed a portion of County Rd 47 right-of-way may be vacated per Hennepin County Approval The old right-of-way for Pineview Lane is no longer necessary for street right-of-way. When Northwest Boulevard has been constructed from 47th Avenue to County Rd 47 West Medicine Lake Drive may be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. 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. For Lot i, Block 5 and Lot 4, Block 6 for trail purposes The Preliminary Plat shall revised to show these as outlots. 11. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MnDOT X Hennepin County X_ MPCA X State Health Department 2 Bassett Creek Minnehaha Creek Elm Creek X Shingle Creek X Army Corps of Engineers Other TRANSPORTATION: N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. The street names shall be checked by the Building Department when a 200 scale drawing is submitted for their review. 13. Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. The right -of -moi for Northwest Boulevard shall be 100 feet wide Northwest Boulevard shall be dedicated with the first final plat. 14. X Acceleration/deceleration lanes provided - Shall comply with Hennepin CQUnty requirements with intersection of Underwood Lane and County Rd, 47. Acceleration/deceleration lanes are required at the intersection of and 15. X All existing street rights-of-way are required width - Additional right-of-way will be required on As shown on the Preliminary Plat an additional 7 feet of right-of-way shall be dedicated on the Final Plat for County Rd 47 making a total distance from centerline 40 feet 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. See Item 24A. 3 N/A Yes No 17. X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. 5e Ttem 24 A. X Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. The developer shall construct Northwest Boulevard including a 12 inch watermain or shall petition the City to construct Northwest Boulevard and the 12 inch watermain. 19. _ _ X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. All lots adjacent to pond SCP15 shall have minimum basement elevations of 972.0. 20. X The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tan. 23. X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: The storm drainage plan shall comply with Shingle Creek requirements, Storm drainage calculations shall be provided with the Final Plat application. 24. A. Estimated assessments for Project 416 Northwest Boulevard: The developer shall be responsible for one half the cost of a 9 ton 44 foot wide street and one half the cost of a 12 inch watermain (LA3 guiding) west of Northwest Boulevard Blocks 1, 2, 3, and 4) which is estimated to be $225,550 for the street, curb and gutter, $32,838 for watermain, $2,662 for sanitary sewer and $20,100 for storm sewer. Also responsible for one half the cost of a 7 ton 36 foot wide street (LA2 guiding) east of Northwest Boulevard (Block 5) which is estimated to be $84,575 for street, curb and gutter and $30,234 for storm sewer. Cost of concrete curb and gutter (LA1 guiding) (Block 6) which is estimated to be 3,056. B. The developer shall be responsible for grading and seeding the trail. C. The developer shall be responsible for construction of Northwest Boulevard from Pineview Lane to the south plat boundary or they shall petition the City to do the construction. D. Hennepin County shall approve the grade for Northwest Boulevard before the City can approve the final grading plan. E. The Engineering Dept. recommends an 8% grade on Rosewood Lane be approved in order to preserve the trees because of the following reasons: A 7% grade would require lowering the building pads for proper driveway grades and retaining walls will not work in the cul-de-sac area because of the limited frontage. 5 Special Conditions required: F. There shall be no access to West Medicine Lake Drive, Co. Rd. 47 and Pineview Lane except for Block 6. G. The Preliminary Plat shall note the width of all right-of-ways including the radius for the cul-de-sacs. H. The developer shall construct Pond SC -P15 in accordance with one storm drainage plan. i Submitted by:— Chester J.',, -Harrison, Jr.,"R.E. City Engineer 14 1 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 thei1thday of July 19 88 The following members were present: Mayor Schneidei,councilmembers Vasiliou Ricker, Zitur and Sisk The following members were absent: None Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION NO. 88-393 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. S. 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. 88-393 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 Councilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider Councilmembers Vasiliou, Ricker. Zitur and Sisk The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted. GAIR & ASSOCIATES :: z Division of Kidde Consultants, Inc. Site Design and Planning Consultants e '- August 10, 1988 Mr. Blaire Tremere Planning Director City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Bass Lake Hills P.U.D. - Preliminary Plan Rezoning Preliminary Plat Conditional Use Permit Dear Mr. Tremere: At the July 11, 1988 City Council meeting, the Council moved and adopted Resolution No. 88-393, approving a Residential Plan Unit Development Concept for Graham Development/C.S.M. Corporation (88060). This letter accompanies an application, filing fee, and exhibits in support of the preliminary plat and preliminary plan unit development request. The application includes requested actions from both Graham Development Company and C.S.M. Corporation as co -applicants. As previously represented, Graham Development Company will develop and market the single family detached portions of the P.U.D. C.S.M. Corporation will develop, build, market, maintain and own the townhouse portion of the proposed plan. The single family detached areas, of which there are three sites, two located on either side of Pineview and the third located west of future Highway 61, include 36.1 acres and 85 lots. Common private open space equalling 4.1 acres has been provided in two locations serving primarily the single family detached portions of the subdivision; one area of 1.5 acres and the second area in the major development area equalling 2.6 acres. Both areas were previously included in the approved Concept Plan. Covenants and restrictions will be recorded with the plat setting for responsibility, use, ownership and maintenance of these two areas. The design, layout and proposed uses within the single family detached area of the P.U.D. remain unchanged from the previously approved plans. A five foot concrete sidewalk will be included within the public right-of-way providing easy access to the common private open space in the southern central portion of the plan. In addition, Graham Development Company will be providing play equipment within the 2.6 acre open space area for the benefit of the single family homeowners. 2021 East Hennepin Avenue • Suite 250 • Minneapolis, Minnesota 55413 6121331-8668 TWX: 910-576-3111 Page Two Mr. Blaire Tremere August 10, 1988 The C.S.M. Corporation townhouse portion of the Plan Unit Development, consisting of 31.3 acres and 310 residential attached units, has been altered from the approved Concept Plan. Specifically, the proposal has been modified downward from 310 units to 292 units. This reduction in the unit count by 18 units is the result of a more sensitive use of the site relative to existing woodland. A tree inventory has been completed which revealed the extent of trees worthy of preservation. The shifting of buildings, along with the use of retaining walls and the elimination of 18 units, provides for an extensive and valuable wooded central open space within the townhouse portion of the proposal. This central open space area allows for the preservation of trees and the siting of a community center, pool and tot lot play area. These modifications in the plan result in a superior plan relative to recreational uses, tree preservation and, in general, better site aesthetics. The preservation of this open area further allows for a better location of the community center and pool relative to the entrance into the project from County Road 47, and provides for a more desirable orientation of the future residents and visitors to the townhome area. The loss of units is of consequence to the proforma of the plan, and C.S.M. Corporation reluctantly agreed to the change. With regard to tree preservation on the east side of future Highway 61, namely in the area of the proposed single family subdivision, you will note the limits of site grading are confined to an absolute minimum. The only immediate tree loss experienced in this area will be caused by the developer during the construction of streets and utilities. The technique of limiting tree loss only to the site development work provides greater tree preservation potential and maximizes future flexibility by architects, builders, and homeowners as individual homes are custom designed to the site and existing woodland areas. The density of woodland in the single family area lying east of future Highway 61 is comparable to that which exists on the west side of Highway 61. The density and types of plant material is comparable on both sides of future Highway 61. Tree preservation on the east side of future 61 is accomplished by; 1) the inclusion of a 1.5 acre private common open space area, 2) minimal tree loss by the developer during site utility and roadway construction, and 3) the use of retaining walls and custom site/lot utilization and design. The fact that multi -family housing, namely townhomes, are proposed in this Plan Page Three Nir. Blaire Tremere August 10, 1988 Unit Development, a Conditional Use Permit is being requested. The following discussion deals with criteria pertinent to the Conditional Use Permit: 1. The Plan is in conformance with the City's Comprehensive Land Use Plan. This was essentially confirmed in the concept approval and articulated in the City staff reports dated June 22, 1988, Page 2, Item 2, and the City Council memorandum dated July 1, 1988. The proposal is consistent in terms of land use and density. 2. Relative to the proposal's enhancement of and promotion of general public welfare, we believe that the single family detached market continues to be highly demanded and desirable properties in all real estate markets of our metro area. Single family detached housing is and continues to be perceived as the ultimate alternative to meeting housing needs. The townhomes, which are proposed as rental properties, offer an alternative to ownership and an important alternative to traditional apartment structures. It is believed that a strong market exists and the general welfare and interest of future tenants will not deter or detract from the general welfare of Plymouth residents but rather the general welfare could be enhanced by the housing mix and proposed alternative lifestyles. The ownership, maintenance and management of the townhomes will continue with C.S.M. Corporation. 3. The properties proposed for townhouse use are presently guided for similar uses in the LA 3 district, however, of potentially higher density and greater populations. This proposal is very modest in size and well within the residential guidelines established by the City. It is inconceivable that such a proposal would be injurious to the use and enjoyment of other properties considering its relative isolation, location, density and site design factors. 4. The proposed uses will not impede normal or orderly development of surrounding property. In fact, the prospect of completing a portion of Highway 61 will enhance development potential for other area properties, in particular those south of the subject site. Proper transitions and buffering strips are required which will accommodate development to the south. All other property boundaries abut roadway right-cf-way or compatible uses. Page Four Mr. Blaire Tremere August 10, 1988 5. The approved Concept Plan provides for roadway connections, intersections and road continuity. All intersections with County roadways will be thoroughly reviewed, and traffic projections are the subject of an Environmental Assessment Worksheet. No adverse affects are envisioned as a result of this proposed development on existing or proposed roadway elements. 6. The conditional use, as proposed, does not conform in all regard to the R3 zoning district regulations. The following tabulation summarizes the differences: Lot Area Per Unit Lot Depth Lot Width Lot Coverages Minimum Front Yard from public right-of-way) Minimum Side Yard Minimum Rear Yard Minimum Distance Between Principal Building Minimum Unit Width 114,669 sq. ft. per unit vs. 6,000 sq. ft. Conforms Conforms 14.6% vs. 20% Conforms Conforms 10-15 ft. vs. 30 ft. 30 ft. vs. 35 ft. 16 ft. vs. 22 ft. The proposed request is accompanied by plans including a tree inventory, preliminary plat, preliminary utility plan, preliminary grading plan, landscaping and buffering plans and a 50 scale site plan. The proposal is consistent with the City's development plans, land use guide, and the proposal compliments surrounding existing uses. The proposal is consistent with the previously approved Concept Plan with constructive and positive improvements as already noted in the above. The applicant has requested the City proceed with the actions necessary to cause the preparation of plans and specifications for County Road 61, and both C.S.M. Corporation and Graham Development Company are anxious to proceed with this development. As you well know, the development of these plans and the accomplishments to date have been long in coming and not without considerable expense and frustration. We believe that the current proposal represents a fine and appropriate use of the land. The resulting residential neighborhood will be a source of pride for the City of Plymouth as well as future residents and owners. We would respectfully request your favorable consideration of these planning Page Five Mr. Blaire Tremere Page 5 requests and forward these materials to the City Planning Commission for their review and consideration. Kindest regards, GAIR & AASSOCIATES Mi hael J. Gair -- MJG:klm cc: Thomas Graham/Graham Development Company Dave Carland/C.S.M. Corporation Pug A 7rR / 3 UTRS c. The benefit to the developer is one of design and development flexibility; in utilizeordertolflexibilltyohdeveloperto demonst atethat itsutilizationdoesindeIndeed provide a developmentwhichhas substantial attributes to enhance the particular area or the City in total. Expected attributes are: 1) Benefits from new technology in bulldino design, construction and land development. 2) Higher standards of site and building design through use of trained and experienced professionals in Land Planning, Architecture and Landscaping to prepare plans for Planned Unit Developments. 3.) More efficient and effective use of streets, utilitieslesser and public facil- ities to yield high quality development t. 4) ande common useable facilitiessuitably t ancated wouldrecreation otherwise facilities other provided u der conven- tional land development procedures. 5) Demonstration ot desirabletive naturalign sitefforts toward eharacterist cs. e preservation and enhancement Amended Ord. No. 82-15) Seer 97, Sµsc B p` yMoutN &N/A t) kt> I N pNGE S t o„ q Co,,drroha( Se Pe rM 7 G.,T e a 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located.