HomeMy WebLinkAboutPlanning Commission Packet 03-11-199244 A*
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: February 25, 1992 COMMISSION MEETING DATE: March 11, 1992
FILE NO.: 92006
PETITIONER: Hans Hagen Homes, Inc.
REQUEST: Planned Unit Development Plan Conditional Use Permit
Amendment to allow a 25 foot front yard setback on all lots
in the Seven Ponds Third Addition
LOCATION: Southwest corner of Medina Road and County Road 24.
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: MPUD 91 -1
BACKGROUND:
On December 18, 1989 the City Council amended the Land Use Guide Plan Element
of the Comprehensive Plan reclassifying this site, west of County Road 24 and
south of Medina Road from LA -2 (Low Medium Density Residential) to LA -1 (Low
Density Residential).
On July 2, 1990, the City Council, by Resolution 90 -400 approved a Conditional
Use Permit for Hans Hagen Homes /Westar /Rome Partners for Land Reclamation and
Stockpiling of earth fill on property at the southwest quadrant of Medina Road
and County Road 24. That filling activity has been completed with erosion
control ground cover in place.
On July 16, 1990, the City Council, by Resolution 90 -428 approved a Mixed Use
Planned Unit Development Concept Plan, Preliminary Plan /Plat and Conditional
Use Permit for Hans Hagen Homes /Westar -Rome Partners on part of this site.
The Mixed Planned Unit Development consisted of 66 acres, which included 76
single family lots, 2 commercial lots and one industrial lot.
On September 16, 1991, the City Council, by Resolutions 91 -536 and 91 -537
approved an Amended Mixed Planned Unit Development Concept Plan, Preliminary
Plan /Plat /Conditional Use Permit and Subdivision Variance for Seven Ponds
Second Addition. The Amended Mixed Planned Unit Development consisted of 106
acres which included 91 single family lots, 3 commercial lots and 4 industrial
lots.
On October 21, 1991, the City Council, by Resolutions 91 -648 and 91 -649
approved a Final Plat and set conditions for Seven Ponds Second Addition. The
Final Plat for Seven Ponds Second Addition included 24 single family lots, 2
commercial lots, 1 industrial lot and 9 outlots.
Notice of this Public Hearing was published in the Official City Newspaper and
has been mailed to all property owners within 500 feet. A development sign
has been placed on the property.
Page Two
File 92006
PRIMARY ISSUES AND ANALYSIS:
1. The petitioner is requesting a blanket approval of a 25 foot front yard
setback for all lots in the Seven Ponds Third and subsequent additions.
This approval would include any future phases that are currently being
platted as outlots in Seven Ponds Third Addition. The Zoning Ordinance
standard an t pproved PUD Plan specify 35 foot front setbacks except
50 feet to Medina Road and County Road 24.
2. The petitioner is requesting this reduced setback based on the existence
of wetlands throughout the entire subdivision.
3. Section 9, Subdivision B, Paragraph 3 (b) of the Zoning Ordinance states
that building setback requirements in Planned Unit Developments shall
conform to the standards of the Zoning Ordinance except as otherwise
approved by the Planned Unit Development Plan.
4. The City Council's Preliminary Plat and Preliminary Plan approval of the
Seven Ponds Second Addition include a reduced setback on 2 lots based on
the finding that the preservation of wetlands will result from the
variances. The 2 lots were both corner lots and the reduced front yard
setback is on the side of the lot that will function as a side yard rather
than the actual front yard of the house.
PLANNING STAFF COMMENTS:
1. It has not been the recent practice of the City of Plymouth to approve
blanket reduced front yard setbacks, or to approve reduced front yard
setbacks below 30 feet, even where natural resources can be preserved. If
this petition is approved as requested, it will evidence a shift in
philosophy by the City regarding setback regulations in Planned Unit
Developments.
2. While the required front yard setback does serve the public good in
limiting lot coverage; creating openness within neighborhoods; providing
for clear sight lines; and, increasing public safety, the actual setback
distance is arbitrary. The City of Plymouth has determined that a 35 foot
front yard setback is an appropriate setback for standard single family
residential developments. The standard was 50 feet in the 1960's.
3. Not every lot within this subdivision phase is located such that a reduced
front setback would preserve additional wetlands. Staff is concerned that
unless the reduced front setback is tied to lots where wetland
preservation can be demonstrated, no clear basis exists for such a
modification of standards.
Page Three
File 92006
4. If the Planning Commission finds a front setback reduction from 35 feet to
25 feet (or even 30 feet) to be in order, the approval recommendation
could be subject to the petitioner documenting the wetlands or significant
trees that would be saved by the reduced setback with each building
permit. Staff would then determine if the reduced setback would indeed
preserve additional wetlands or significant trees and if that is the case,
permit the reduced setback on a lot -by -lot basis. If the preservation of
resources is not realized, the 35 foot setback would be required.
This approach would allow the staff and builder to work together in
determining which lots will have a reduced setback without the petitioner
having to request a Planned Unit Development Amendment each time a wetland
is found to conflict with proposed building sites, or the City granting a
blanket setback concession.
RECOMMENDATION:
I hereby recommend approval of a contingent 30 -foot front yard setback with
the condition that, on a lot -by -lot basis, it be demonstrated that the reduced
setback will result in the preservation of natural features. This
recommendation is in line with previous Planned Unit Development setback
reductions.
I am not prepared to recommend approval of a blanket 25 foot front setback.
If the Planning Commission is inclined to recommend approval of the 25 -foot
setback and any amount of blanket setback reduction, then the attached
resolution should be modified accordingly.
Attached is a resolution approving the Planned Unit Development Plan
Conditional Use Permit Amendment for a contingent 30 -foot front setback with
conditions. n l- —
Submitted by:
es L. Ut
ATTACHMENTS:
nit'y Development Director
1. Draft Resolution Approving Amended PUD Plan
2. Peti ti oner'.s_ Narrative
3. Large P1 Vs
pc /jk/92006)
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT
AMENDMENT FOR HANS HAGEN HOMES, INC. FOR "SEVEN PONDS THIRD ADDITION" (92006)
WHEREAS, Hans Hagen Homes, Inc. has requested a Planned Unit Development Plan
Conditional Use Permit Amendment for "Seven Ponds Third Addition" for property
located at the southwest corner of Medina Road and County Road 24 to allow for
reduced setbacks from 35 feet to 30 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 of
Hans Hagen Homes, Inc. for a Planned Unit Development Plan Conditional Use
Permit Amendment for "Seven Ponds Third Addition" to allow reduced setbacks
for property located at the southwest corner of Medina Road and County Road
24, subject 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. A front yard setback of 30 feet is approved within Seven Ponds Third
Addition on any of those lots where it can be demonstrated that a
reduced setback will result in the preservation of natural features as
specifically approved in writing by the Community Development Director.
res /pc/92006)
PETITIONER'S NARRATIVE FOR HANS HAGEN HOMES, INC.
Final Platting of 21 single family lots and request to reduce setbacks to 25
feet for Seven Ponds Third Addition.
File 92006
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: February 25, 1992 COMMISSION MEETING DATE: March 11, 1992
FILE NO.: 92008
PETITIONER: Young's Gymnastics Academy, Inc.
REQUEST: Conditional Use Permit for a participative athletic use (a
gymnastic school).
LOCATION: 9837 -13th Avenue North
GUIDE PLAN CLASS: IP (Planned Industrial)
ZONING: I -1 (Planned Industrial District)
BACKGROUND:
On December 3, 1973, the City Council, by Resolution 73 -460, approved a Site
Plan and Variance for the construction of two buildings on this site.
On June 17, 1974, the City Council, by Resolution 74 -293, approved a
Conditional Use Permit for a tool and die making business at this location.
Notice of the Public Hearing 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 the property.
PRIMARY ISSUES AND ANALYSIS:
1. The petitioner is requesting a Conditional Use Permit for an existing
participative athletic use for a gymnastic school in a 4,192 square foot
space within an existing building at 9837 13th Avenue North. The
petitioner has stated that no more than 49 people will occupy the facility
at any one time. The facility will be used for instructional gymnastic
classes after 4:30 p.m. on weekdays and on Saturday mornings. Subsequent
to his letter dated February 28, 1992, the 'petitioner indicated to staff
that the facility will not be use for gymnastic meets.
2. The approved Site Plan for this site shows 102 required parking spaces.
Current parking requirements for this site based on 100 percent
manufacturing of both buildings is 191 spaces. Parking requirements for
the gymnastic use is 41 spaces.
3. The Zoning Ordinance directs the Planning Commission to consider a
Conditional Use Permit in terms of the six criteria found in Section 9,
Subdivision A, Paragraph 2a. We have attached a copy of the referenced
citation together with the petitioner's narrative.
Page Two, File 92008
4. Attached for your review is the Zoning Ordinance definition of a
participative athletic use.
PLANNING STAFF COMMENTS:
1. Staff finds that the request meets the Conditional Use Permit criteria.
2. The number of parking spaces on the site will not meet the current Zoning
Ordinance requirements for the gymnastic school as well as the other
businesses in the two buildings. Staff does find however, that with the
gymnastic school hours being limited to off -peak times, that it should not
compete for the same parking spaces as other businesses in the
development.
3. Due to the proposed "time shared" parking concept, this Conditional Use
Permit, if approved, should be renewed in six months to determine if the
shared parking arrangement is working.
RECOMMENDATION:
I hereby recommend approval of the attached resolution approving a Conditional
Use Permit for a participative athletic facility for a gymnastic school to be
located at 9837 13th Avenue North.
Submitted by:
arles E.-"Dillerua, Community Development Director
ATTACHMENTS:
1. Resolution Approving Conditional Use Permit
2. Conditional Use Permit Criteria
3. Zoning Ordinance Definition of Participative Athletic Use
3. Petitioner's Narrative and Letters
4. Large Plans
APPROVING CONDITIONAL USE PERMIT FOR YOUNG'S GYMNASTICS ACADEMY, INC. AT 9837-
13TH AVENUE NORTH (92008)
WHEREAS, Scott Young has requested approval for a Conditional Use Permit to
operate a participative athletic facility for property located at 9837 -13th
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 should and hereby does approve the request by
Scott Young for a Conditional Use Permit to operate a participative athletic
facility for property located at 9837 -13th Avenue North, 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 Young's Gymnastic Academy for Young's Gymnastic
Academy and shall not be transferable.
3. The site shall be maintained in a sanitary manner.
4. All waste and waste containers shall be stored within approved designated
areas.
5. The permit shall be renewed in six months to ensure that the time - shared
parking arrangement is meeting the intent of the approval.
6. All parking shall be offstreet in designated areas which comply with the
Zoning Ordinance.
7. No instructional classes shall be held prior to 4:30 p.m. on weekdays.
8. Maximum occupancy of the facility is limited to 49 persons at any one
time.
res /pc/92008)
i=M SE MCN 9, SU®IMIGN A
2. Procedure. Before any Conditional Use Penr t may be granted, the
application therefore, shall be referred to the Planning Camiission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a reccmnendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Carnission shall review the application and consider its
confornance with the following standards:
1) Compliance with and effect upon the Ccruprehensive 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 imrndiate 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.
forns:o >pl /cup.stnd /s) 10/89
PLYMOUTH ZONING ORDINANCE
Section 4, Subdivision 6
Parking Space -- An area o su nsions as provided by this
ordinance and so prepared as to be usa a of a motor
Participative athletic use - Athletic training and exhibition, and competitive
events which are limited to the participants and the personal friends and
family members of the participants. Commercial competitive athletic events
involving semi - professional and professional participants who perform for
the general public are not contemplated by this definition. Examples of
participative athletic uses include gymnastics, weight lifting,
racquetball, handball, volley ball and the like. (Amended Ord. 89 -17)
effects such as but not limited to: odor, smoke, toxic or noxious matter,
bration, fire and explosive hazard, glare, run -off or generated by or
inFroCent in, uses of land or building.
Person -- A ural person, his heirs, executors, administrators, or assigns,
and also cludes a firm, partnership, or corporation,- its or their
successors o signs, or the agent of any aforesaid.
Place of Worship -- A ?%ce where people assemble for religious purposes,
including churches, s agogues, and temples. (Amended Ord. 89 -02)
Plan, Comprehensive -- The ser of maps, reports, statement of Goals,
Objectives and Criteria; and cuments prepared by the Planning Commission
adopted by the City Council to ignate long -range orderly growth and
development of the community. Inc ding, but not limited to: a Land Use
Guide Plan, a Thoroughfare Guide Pla Community Facilities Plans and other
elements as required by statute.
Planned Unit Development -- A tract of land deve ereildingsmay
as a unit rather than as
an individual development wherein two or moay be located in
relationship to each other rather than to lot s with regard to use,
location and in accordance with definite requirement s well as provisions
agreed to between the City and owner.
Plat -- A drawing or map of a subdivision, meeting all the requiNiLents of the
City and in such form as required by the County for purposes onvecording.
Premises -- A lot or plot with the required front, side and rear yards
dwelling or other use as allowed under this Ordinance.
4 -13
Youlig's Gymnastics Academy, Inc. p)
r, ( D9837 - 13th Avenue North ,S t(
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Plymouth, MN. 55441 L1 lll vJ
Telephone (612) 546 -1561
FEB 28 '1.992
February 28, 1992 CITY OF PLYMOUTH
COMMUNJTY DEVELOPMENT DEPT.
To: Planning and Zoning Commission
City of Plymouth
From: Scott Young, Young's Gymnastics
RE: After Hours Use for Conditional Use Permit
Young's Gymnastics Academy uses the space at 9837 - 13th Avenue North after
the normal business hours of the other tenants in the buiding. No instructional
classes are held prior to 4:30 PM weekdays.
Further, no special events or gymnastics meets will be held at the said
facility prior to 5:00 PM weekdays or during normal business hours of the other
tenants.
If there are any further questions regarding this issue, please contact me
at the above number or during the day you may contact me at my employer,
Northland Printing, 535 -2398.
Thank -You.
Vun:g
Planning and Zoning Application rm
Page 2
7. BRIEF DESCRIPTION OF REQTJEST (Attach separate sheet, if necessary):
Request for a conditional use permit for a gymnastics training studio that provides
gymnastics training for students ages 2Z up to and including adults. The studio
operates 'after hours' of the other tenants in the building, providing ample parking
and quiet use for everyone. Hours are weekdays from 4:30 - 9:00 PM and Saturday
mornings. Parking stall space required (from Sect. 10, Sub -div. B, no.2g) is 38 spaces.
Over 70 spaces are available around the building. The studio has operated in the area
for the last 5 years with no complaints as to noise, parking, traffic, vandalism, etc.
see attached letter-
Planning and Zoning Application Form -page 3
7. (continued from page 2)
Young's Gymnastics Academy has a tremendous safety record over the past ten
years of its history.
The need for a gymnastics studio in an industrial zone is necessary for the
high ceilings (at least 171) and wide open areas that are only available in
an industrial building.
In working with the city Fire Inspector and Building Inspector on the facility
requirements it was brought to my attention that a Conditional Use Permit is
required for operation.
I firmly believe that the operation of Young's Gymnastics Academy can, and does,
operate with safety to its members, the public and other businesses within the
area and can do so in a quiet and respectful manner.
Thank -You for your consideration!
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DRAFT AMENDMENT NO. 1
HEARING DATE: March 11. 1992
DESCRIPTION:
Redefinition of dimensional standards relating to yard setbacks, lot coverage, and
parking lot setbacks for adult correctional facilities. Deletion of adult
correctional facilities as an allowable use in all zoning districts.
SECTIONS INVOLVED: Section 7, Subdivision C; Section 7, Subdivision D; and Section
10, Subdivision B.
EXPLANATION /PURPOSE:
The City Council adopted Resolution 91 -512 directing staff to review the Zoning
Ordinance with respect to the possible need for additional requirements for spacial
or other buffering of adult correction facilities from adjacent neighborhoods and /or
other recommendations they may make regarding this type of use.
At their December 18, 1991 meeting, the Planning Commission directed staff to draft
Zoning Ordinance language reflecting the Commission's desire to increase setbacks
and screening for adult correctional facilities; and to delete adult correctional
facilities as an allowable conditional use in all zoning districts.
Section 12 of the Zoning Ordinance is so structured that only uses can be rendered
nonconforming by amendments to the allowable uses or map classifications.
Dimensional standards inconsistent with the specifications of the Zoning Ordinance
do not constitute nonconformity by definition.
While the proposed change in allowable uses regarding adult correctional facilities
will effectively preclude enlargement of the use, it does not necessarily preclude
site modifications such as recreational areas or parking. Therefore it is necessary
to retain /modify dimensional standards regarding adult correctional facilities as
well to fully accomplish the direction provided by the Planning Commission on this
matter. The dimensional standards proposed are the minimum that will ensure the
health, safety, and public welfare of the general public of the City of Plymouth.
CONCLUSIONS /RECOMMENDATIONS:
1. The Planning Commission has found that the inclusion of adult correctional
facilities as allowable uses within the Zoning Ordinance may not be in the
best interests of the public health, safety and welfare of the City of
Plymouth in the future.
2. Amendment to the allowable uses portion of Section 7, Subdivision C to strike
reference to adult correctional facilities will effectively
1 -
accomplish the Planning Commission's direction with regard to allowance for
adult correctional facilities.
3. The existing adult corrections facility in Plymouth would become a
nonconforming use" upon the adoption and publication of a Zoning Ordinance
amendment that would remove the use as allowable under the Plymouth Zoning
Ordinance. The use could continue to exist at the scale of existing date of
ordinance publication, but could not be expanded or could not be continued if
abandoned for more than a one year period.
4. The nonconforming use section of the Plymouth Zoning Ordinance excludes
dimensional inconsistencies with the Zoning Ordinance standards from the
definition of "nonconforming ". To control modifications to adult correction
facility sites that do no involve enlargement of the use itself it is
necessary to retain and modify dimensional standards related to adult
correction facilities to assure consistency with the spirit of the Planning
Commission direction in this regard.
5. To accomplish the foregoing amendment to Section 7, Subdivision C, Number 18
of the Zoning Ordinance is necessary as follows:
ZONING ORDINANCE TEXT SUGGESTED AMENDMENTS
SUBDIVISION C - ALLOWABLE USES
Within the Residence Districts, no building or land shall be used except for
one or more of the following uses. Letter designations shall be interpreted as
meaning:
P - Permitted Uses
C - Uses by Conditional Use Permit
A - Accessory Uses
DISTRICTS
FRD R -lA R -1B R -2 R -3 R -4
18. C C C C C C
2 -
USES
Municipal, administrative and
service buildings or uses, public
libraries, museums, post offices
and the like except incompatible
activity of an industrial
character; and Adult Gerreatior,
NeyemIIer 20, 19 (Amend. Ord.
89 -38 & 90 -09)
0
6. In addition, it is recommended that Section 7, Subdivision D, Numbers 5, 6, 7, 8,
and 9 of the Zoning Ordinance be modified to address dimensional standards
regarding adult correctional facilities as follows:
SUBDIVISION D - SCHEDULE OF LOT AREAS, DEPTH, WIDTH, COVERAGE, SETBACKS,
AND HEIGHT REGULATIONS IN RESIDENCE DISTRICTS.
NOTE:
Lots in the Flood Plain or Shoreland Management Overlay Districts are subject
to the Special Protection District requirements as set forth in Section 5 of
this Ordinance. (Amended Ord. No. 82 -33)
FRD R -IA R -1B
5. Maximum Lot Coverage ef
a. Adult Correctional 6% 6% 6%
Facilities
b. All Other Structures ** 20% 20% 20% 20% 20%
Ord.88 -45 & 89 -02)
6. Maximum Imaervious Surface
R -2* R -3* R -4*
6% 6% 6%
of All Non - residence Condi-
tional Uses * * * * ** Ord. 89 -02)
7. Minimum Front Yard in Feet **
50% 50% 50% 60%
Applies to Each Street Frontage)
20%
60%
a. Dwellings, abutting an
Arterial Street 50 50 50 50 50 50
b. Other Uses 100 50 50 50 50 50
c. Dwellings, one family 50 35 35 35
d. Dwellings, two family 50 35 35 35 35 35
e. Dwellings, over two family -- 50 50 50 50
Amended Ord. 86 -07 and 86 -26)
f. Adult Correctional
Facility 600 600 600 600 600 600
8. Minimum Side Yard in Feet **
a. Dwellings, one family 15 15 10 10
b. Dwellings, two family 15 15 10 10 20 20
c. Other Uses 30 30 30 30 30 30
d. Other Uses abutting
residences 50 50 50 50 50 50
e. Adult Correctional
Facility 600 600 600 600 600 600
f. Detached accessory uses 15 6 6 10 20 20
g. Attached accessory uses 15 15 10 10 20 20
Items 8 a. & b. Amend. Ord. 89- 37)(Items 8 e. & f. Amend. Ord. 90 -4)
3 -
9. Minimum Rear Yard in Feet"
a. Dwellings, one family 25 25 20 15 -- --
b. Dwellings, two family 25 25 20 15 15 15
c. Other Uses 40 40 35 30 30 30
d. Other Uses abutting
residences 50 50 50 50 50 50
e. Adult Correctional
Facility 600 600 600 600 600 600
f. Detached accessory uses 25 6 6 15 15 15
g. Abutting an arterial
street 50 50 50 50 50 50
7. Amend Section 10, Subdivision B, Table 1 of the Zoning Ordinance to read as
follows:
Side and rear yard setback K For resident uses in residence
of parking to lot line district: as required for
Amended Ord. 89 -02) accessory building. For Non-
resident uses in residence
district: 30 ft., Adult
Correctional Facilities: 600
ft.
Non - residence districts: 20
Front yard setback M R Districts Residence Uses: 20
of parking to lot line feet, R Districts Non - residence
Uses: 30ft. Adult Correctional
Facilities: 600 ft.
B Districts: 20 ft., Industrial
District: 50 ft.
Amended Ord. 89 -02)
Bold - indicates new text
eu - indicates deleted text
ord:pc /jk /adult)
4 -
2 March 1992
ALL PLANNING COMMISSION MEMBERS
RECEVED
MAR 5 1992
CITY OF PLYMOUTH
AOMMUNITY DEVELOPMENT DEPT.
We live on Vicksburg across the street from the adult corrections facility.
We have lived here for 29 years. We have watched the changes made on this
facility for all these years. It was originally designed as a work -house
for very minor offenses - not a hard core prison. This is not what the
facility was designed for.
We do not feel that hard core prisoners should be at this location and we
strongly urge that the zoning be made so no extensions of the work -house can
be done and tht set back requirements be implemented. If the prisons at
St. Cloud, Stillwater and the new high security prison are over - crowded,
then it is apparent something else has to be considered but this should not
be done at this facility. This facility was built for 400 and not 800.
We resent the fact that hard core prisoners have been sent to the adult
corrections facility over the years without the knowledge of the residents
in the area. We have a grade school and a high school within a mile of this
facility and this is not good for the personal safety and welfare of the young
people of the community as well as the residents. There have been a number
of prisoners escaping from this facility and we are not advised whether they
are hard core prisoners or not.
We need zoning that will eliminate the facility as an "allowable use"
and need to increase "set back requirements ".
We are writing to let you know that we do not wanta prison situated in
Plymouth. We need ordinance changes that will stop Hennepin County from
using this facility for hard core prisoners.
r
Mr. & Mrs. Thomas Finn 4me,1141
15900 14th Avenue North
Plymouth, MN 55447
March 2, 1992
All Plymouth Planning Commission Members
and All Plymouth City Council Members
Plymouth City Center
3400 Plymouth Blvd.
Plymouth, MN 55447
To Whom It May Concern:
IUnL+ _.._ ,
t
MAR 4
0'- PLYMOUTH
DEVELOPMEWT DP
We would like to express our concerns regarding the zoning ordinance changes for
the Hennepin County Adult Correction Facility.
It is our desire that the adult corrections facility become a non - conforming use and that
increased set back requirements be implemented. We are very concerned about the
type of inmates housed in the facility. The current population consists of a number of
major felons.
We live just a few blocks from the facility and believe there should be some limit as to
the type of felon housed there as well as more security. At the present time there is no
fence whatsoever around the facility.
Hopefully, there will be no major additions to the present set of buildings already
located in our neighborhood.
Please feel free to present this letter at the Planning Commission meeting on
March 11, 1992.
Sincerely,
Frank and Arletta Adams
15215 - 9th Avenue North
Plymouth, MN 55447
RECHVED
M 4R 3 '° '
CITY >r UP14< THJackieGryczanc,,t ;uU Y{T, DEVELOHA iT DEPT. 625 Niagara Lane N'
Plymouth, Mn 55447
March 2, 1992
Plymouth City Center
3400 Plymouth Blvd.
Plymouth, Mn 55447
Dear Planning Commission:
I am writing this as a concerned citizen regarding the Adult
Correction Facility. Please submit this letter to be
recorded as part of the record for the March 11th meeting
regarding this issue.
Before I moved into the neighborhood 2 1/2 years ago, I
talked with the neighbors and Realtor about my concern of
living so close to this facility. I was assured by all and
many that there was never any problems or reason to be
concerned with living by the facility. It did not have a
bad reputation ".
I have now become concerned with the Adult Facility for the
following reasons..
1) The proposed expansion plans.
2) The type of inmates. (major felons)
3) The escapes. This is a recreational area of Plymouth
along with a heavy residential area. I feel this could
become a risk for the area.
4) Increased undesirable traffic around the area.
5) Decreased home and property value because of the area
becoming a "bad area ".
Please consider and share my concerns by seeing that this
facility does not expand. Also that it does not house
major felons. Please keep this area of Plymouth which is
noted and valued as a nice recreational area and
neighborhood a safe and enjoyable place to be and live.
Sincerely,
a6 4 z1a7a-r-i
Jackie Gryczan
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TO:. Plymouth City Council
Plymouth Planning Commission
FROM: Concerned Undersigned Citizens
We wish to express our extreme concern regarding the Adult Corrections Facility (ACF) -- present
and future. We also wish to support strongly the concept of the ACF being a "non- conforming
use" coupled with significantly increased "setback requirements" in the city of Plymouth. We
strongly believe that these zoning changes, as they relate to the ACF in Plymouth, are in the very
best interest of public safety and welfare of our community, families and homes.
As you probably know, the ACF is either the 3rd or 4th largest PRISON in the state of Minnesota.
This facility was originally designed as an 800 inmate facility but was only constructed at the 400
inmate level -- which means it could double in physical size. Additionally, it was originally
designed with an entirely different inmate population in mind than it currently handles. The
population today is significantly more dangerous than what was originally intended and we have
seen a number of examples recently where previous inmates of the ACF have gone on to commit
additional serious crimes and in some cases have either killed or been killed (see attached). A
number of escapes have also occurred.
You also probably know that Hennepin County will not give the City of Plymouth any kind of
assurances regarding the seriousness of crimes committed by the population housed in the
ACF. With everyone pleading ignorance and an inability to control the situation, how dangerous
will the inmate population become before a serious and tragic accident occurs ? ? ?? We need to
be proactive to protect our. community, citizens and property.
We as a community need to be proactive and protect the public safety and welfare of our
community, families and homes (property values also). We believe that it is in everyone's best
interest that the ACF be considered a non - conforming use and have additional significant set
back requirements placed on it today. We sincerely ask for and appreciate your support.
Name: _ Address:
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nued on next page:
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November 11, 199
Page 10A ---Law makers rejected life without parole for three time sex offenders in favor of a 37 year
sentence which translates to 25 years in prison. But many criminals who have committed three or more
crimes will be able to escape the sentence because of plea bargaining in the past — that is they have
pleaded guilty to burglary or kidnapping instead of sex charges.
Page 11A- -- Orville Redale Foster was supposed to go to prison for more than 7 years. He was
sentenced to probation and treatment instead. So were 30 other rapists, child molestors and incest
offenders -- nearly half the 66 people who were sentenced on the state's most serious sex charge in
Hennepin County last year. Hennepin County gives light sentences across the board said State
Representative Kathleen Vellenga who heads the House Judiciary Committee. Criminals say, if I'm
going to offend again, I'll do it in Hennepin%
In February 1990, Foster lay in wait for women as they walked to work at Abbot Northwestern
Hospital. On February 19 he was arrested. The county attorney's office wanted Foster to go to prison
but Judge Charles Porter sentenced him to 20 years probation, a year in the workhouse and treatment,
with an 86 month stayed sentence. Foster ultimately fled the state and was resentenced to 86 months.
An overcrowded jail also creates pressures to move cases along. Plea bargains resolve cases quickly,
and Judges sometimes take chances on people who are willing to enter treatment programs said
Roberta Levy, Chief Judge in Hennepin County.
The pressures are especially heavy in Hennepin which has 24% of the state's population. In 1988, the
county handled 30% of the state's felony cases but accounted for 44% of the downward departures
from the state sentencing guidelines.
Page 12A - - -It was the most brutal sexual assault Fred Karasov had seen in seven years as a prosecutor.
Photographs of the 21 year old woman's wounds shocked the jurors, who convicted Morsey Sykes of
rape and first degree assault in August 1989. Hennepin County District Judge Ann Montgomery told
Sykes she was tempted to "let you rot in prison" but she decided not to — instead Sykes spent 10 months
in the Hennepin County Adult Corrections Facility then went to a treatment program for sex offenders
at the Minnesota Security Hospital at St. Peter. If he does well there, he'll be released in
2 - 3 years.
February 7.1992
This edition shows a listing of the Hennepin County District Court records. Of the 63 listings shown,
44 of them (approx. 70%) were sentenced to some time in the Adult Corrections Facility. Charges
varied but 6 cases were crimes against people ranging from 2nd and 3rd degree assault to 1st and 2nd
degree criminal sexual conduct.
February 13.1992
The man (Theodore Bobo) who was shot and killed by Minneapolis Police for allegedly holding his
girlfriend at knifepoint had been released 3 days earlier from the Hennepin County Adult Correction
Facility. He has served 30 days for assaulting his girlfriend with a gun.
March 3, 1972
Planning Commission Members
Plymouth City Center
3400 Plymouth Blvd.
Plymouth, MN 55447
To All Planning Commission Members:
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MAR 9 1992
Ur'' `. ' - 'L,YMOUTH
EVELQPMeNTD@PT.
As residents of the Parkers Lake area, we are concerned about the
public safety aspects and property value impacts of the Adult
Correction Facility.
We do not want to see further expansion of such facilities in our
community. We desire that the adult correction facility be
classified a non - conforming use and that increased set back
requirements be implemented to prohibit any future expansion.
Expansion of this correctional institution is completely
incompatible with the family oriented recreation at Parkers Lake
and the Luce Line.
We feel the zoning changes being considered are in the best
interests of the public safety and welfare of all Plymouth
residents.
Sincerely,
4e r e" and Diane Waldow
9g
0 Kingsview/Lane N.
Plymouth, MN 55447
Plymouth Planning Commission
Plymouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Commission Members:
March!` +,92 Jib '
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ED
MAR S 19S2
CITY OF PLYMOUTH
EOMMMUNITY DEVELOPMENT DEPT.
Please let us address the issue of the Hennepin County Workhouse.
As very vulnerable home owners on Parkers Lake, we strongly
feel that the Correction Facility should not be allowed to
expand. With the convenient park trail exiting along side our
home, we notice walking inmates, and are fearful. Times are
changing, and the inmates being sentenced to this facility
are increasingly more dangerous, as we all can note in the
Star Tribune.
We understand the dire need for confinement space, but expansion
is out of the question in a suburban neighborhood.
Please support the adoption of the zoning ordinance being
considered at the March 11th Planning Commission meeting.
We certainly hope that Plymouth is politically strong enough
to control its own destiny with Hennepin County. Otherwise,
escapes, injuries, or worse - murders, will eventually get
government attention.
Sincerely,
avid and Jacqueline M. Anderson
1555 uneau Lane North
Plymouth MN 55447
476 -1814
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CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: March 6, 1992
TO:
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FROM: Chuck Community Development Director
SUBJECT: ZONING AMENDMENTS ON TRASH ENCLOSURES
Following publication of the hearing notice regarding this matter I have
discussed Zoning Ordinance drafting strategy with the City Attorney on several
occasions. Primarily because of the stated desire of the task force to treat
existing buildings in a different fashion than new buildings with regard to
recycling container screening we have not as yet determined the appropriate
legal strategy for the ordinance amendments regarding trash enclosure
screening.
Please disregard any previous materials we have distributed to the Planning
Commission regarding this item. It appears we will have to take a
substantially different approach than we previously thought. I will republish
a hearing notice concerning these matters at such time as we have arrived at
the appropriate legal strategy to address the desired outcome.
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DRAFT AMENDMENT NO. 3
HEARING DATE: March 11, 1992
DESCRIPTION:
Amendment to specifically prohibit outdoor advertising signs in all locations
in the community.
SECTIONS INVOLVED: Section 7, Subdivision A.
EXPLANATION /PURPOSE:
In 1991, as a result of an application for a Sign Permit, City staff
discovered that the Zoning Ordinance provisions for outdoor advertising are so
written as to permit such outdoor advertising as a permitted use -in the I -1
Planned Industrial) District and as a conditional use in the B -3 (Service
Commercial) District throughout the City. It had been the previous
understanding of staff that the Zoning Ordinance had been written to limit
outdoor advertising to I -1 (Planned Industrial) Districts adjoining State and
Federal highways only (State Highway 169, State Highway 55, and Interstate
T9-4 .
Following review of the staff report regarding outdoor advertising provisions
of the Zoning Ordinance, the City Council, on October 7, 1991 adopted
Ordinance 91 -31 creating a six month moratorium on permits for outdoor
advertising to permit study of Zoning Ordinance provisions, and adopt
amendments that were found necessary.
The Planning Commission was directed to review the Zoning Ordinance provisions
for outdoor advertising and recommend any amendments that may be in order.
Subsequently the Planning Commission did review the Zoning Ordinance
provisions regarding outdoor advertising and adopted direction to the staff
and the City Attorney to draft new Zoning Ordinance provisions that would
prohibit outdoor advertising in all areas of the community.
CONCLUSIONS /RECOMMENDATIONS:
Responsive to the direction of the Planning Commission the City Attorney has
researched the concept of the prohibition of outdoor advertising and,
responsive to that research he has prepared a draft ordinance to prohibit all
new outdoor advertising and to require the removal of all outdoor advertising,
except that protected by the Minnesota Outdoor Advertising Act (along State
Highway 169, State Highway 55, and Interstate 494).
The Planning Commission should conduct the scheduled Public Hearing and make
recommendation concerning the following changes to the Zoning Ordinance:
Section 1. Amend Section 10, Subdivision 7, to add a new subsection as
follows:
s. Advertising signs are intended to direct attention to a
business commodity, service, activity, or entertainment which
is not conducted, sold or offered upon the premises which
such sign is located. All advertising signs are strictly
prohibited. All existing advertising signs, with the
exception of those advertising signs currently located along
State Highway 169, State Highway 55 and Interstate 494, are
declared to be nonconforming signs and shall be removed
within five years.
Section 2. Amend Section 10, Subdivision A, Paragraph 5 as
follows:
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