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HomeMy WebLinkAboutPlanning Commission Packet 03-25-1992J/ 0 A 0 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: March 17, 1992 COMMISSION MEETING DATE: March 25, 1992 FILE NO.: 92007 PETITIONER: Thompson Land Development Company, a Division of U.S. Homes Corporation REQUEST: Land Use Guide Plan Amendment to reclassify approximately 50 acres from Public /Semi - Public to LA -2 (Low Medium Density Residential); and, a Residential Planned Unit Development Concept Plan for 191 single family lots and 88 multifamily attached units on a 122.5 acre site. LOCATION: Southeast corner of Rockford Road and Dunkirk Lane GUIDE PLAN CLASS: Public /Semi - Public and LA -2 (Low Medium Density Residential) ZONING: FRD (Future Restricted Development District) BACKGROUND: No prior development actions have been approved for this site. Notice of this 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. Land Use Guide Plan Amendment a. The Land Use Guide Plan Amendment is to reclassify approximately 50 acres from Public /Semi - Public to LA -2 (Low Medium Density Residential). b. The applicant--has addressed the Land Use Guide Plan Amendment in the report dated March 1992 including responses to the Land Use Guide Plan checklist items. Staff findings with respect to the Land Use Guide Plan Amendment and checklist items are addressed in the comment section of this report. c. This site is located within both the Bassett Creek and Gleason Lake Drainage Districts; contains land located within the Flood Plain Overlay District, and Shoreland Overlay District; and, contains Department of Natural Resources Protected Wetlands and City of Plymouth ponding areas. The site does contain significant woodlands and some areas of significant slopes in excess of 12 percent. Large areas on this site do contain physical constraints to urban development with public sewers related to the physical constraints identified. 1 - 2. RPUD Concept Plan a. The Concept Plan provides for 88 multifamily townhouse units to be located at the immediate southeast corner of Old Rockford Road and Dunkirk Lane with an 8 acre church site at the northwest corner of County Road 9 extension and proposed 36th Avenue North. The plan also provides for 191 units of single family detached housing. b. County Road 9 crosses this property in the extreme southwest corner of the site. This Concept Plan provides for the location of 36th Avenue North to intersect County Road 9 and extend south into the adjoining property. c. The Concept Plan provides for street extensions into the property located north of the extension of County Road 9 and south of this property. d. Section 9, Subdivision 6, Paragraph 5c of the Plymouth Zoning Ordinance specifies a written review concerning the following regarding a Planned Unit Development Concept Plan 1) Relationship to Surrounding Neighborhood - This site is adjacent to undeveloped land on the north, south and west boundaries. On the east side of the property the Plymouth Creek Elementary School has been constructed with additional vacant land across Vicksburg Lane and at the northeast corner of the site. The property to the north, south and west is zoned FRD (Future Restricted Development District) and the property to the east is zone FRD (Future Restricted Develo ment District), R -2 (Low Density Multiple Residence District and RPUD 88 -1. The property to the north is guided LA -1 (Low Density Residential). The property to the south and east are guided LA -2 Low Medium Density Residential) and the property to the west is LA -1 (Low Density Residential). 2) Compliance with Zoning Ordinance and Comprehensive Plan - The Concept Plan proposed sows compliance with all re ated City ordinances to a degree that such compliance can be identified at this level of detail. Amendment to the Comprehensive Plan with respect to the Land Use Guide Plan reclassification of approximately 50 acres of the Concept Plan area is precedent to finding that the Concept Plan is in compliance with the Comprehensive Plan. Without the Land Use Guide Plan Amendment proposed concurrent with this application, and a Park and Trail Plan amendment, there is not compliance with the Comprehensive Plan. e. The Concept Plan relies on approval of the Land Use Guide Plan Amendment for development of the RPUD. Without the Land Use Guide Plan Amendment a large portion of the proposed development could not be accomplished. f. Gross density calculations include all land that is above the Ordinary High Water Mark established by the adopted Storm Water Drainage Plan. 2 - Street right -of -way, including County Road 9 extension right -of -way is counted in the gross density for this site. g. The Concept Plan based on the proposed Land Use Guide Plan classification results in the following number of units allowed on this site: DENSITY WITHOUT BONUS POINTS Approximate Land Use Guiding Acreage* LA- 2 101.1 Dwelling Unit Maximum Number Density Per Net Acre of Units 3 303 Acreage is net of 9.8 acres below the 100 Year Flood Elevation and 11.6 acres for a church site. The applicant proposes bonus points assigned as follows: Project Size -- +4 One bonus point is added for each 10 acres over the first 40 acres, up to 4 bonus points. This site contains 122.5 acres. With the addition of 4 bonus points, the resulting density and maximum number of units are as follows: DENSITY WITH BONUS POINTS Land Use Guiding LA -2 Approximate Acreage* 101.1 Dwelling Unit Maximum Number Density Per Net Acre of Units 3.8 384 Acreage is net, 9.8 acres below the 100 Year Flood Plain Elevation and 11.6 acres for a church site. The applicant proposes 279 dwelling units, which is within the range of units that may be allowed based on the assignable bonus points. PLANNING STAFF COMMENTS: 1 Land Use Guide Plan Amendment a. Staff analysis and findings per the application checklist for Land Use Guide Plan Amendments are as follows: 1) The existing classification, Public /Semi - Public meets the locations criteria as set forth in the Comprehensive Plan. The proposed classification of LA -2 (Low Medium Density Residential) also meets the locational criteria of the Land Use Guide Plan. 2) The area proposed for the Land Use Guide Plan reclassification is proposed for development under the existing classification as a community playfield. This playfield is one of two remaining undeveloped community playfields in Plymouth. A total of 10 community playfields will be constructed in the City of Plymouth 3 - consistent with the Park and Trail Plan Element of the Comprehensive Plan. 3) There is not a lack of developable land classified as LA -2 (Low Medium Density Residential) in Plymouth. There are two large areas of undeveloped LA -2 classified property, both along Vicksburg Lane. One is on the west side of Vicksburg Lane at 36th Avenue North and the other is on the east side of Vicksburg Lane at 22nd Avenue North. A third LA -2 classified property is west of County Road 101 and south of Highway 55. Another undeveloped LA -2 guided area is east of Fernbrook Lane at 44th Avenue North. These three encompass approximately 200 acres. There are also other tracts of undeveloped LA -2 classified property in Plymouth. 4) A reclassification of the property may effect the development of other public and semi - public classified property. If this playfield site is not replaced, the remaining playfields would have increased levels of demand placed on the services offered at those sites. The potential for enlarged facilities and increased traffic due to the elimination of one community playfield would also increase. Existing property guided LA -2 will not be negatively impacted by this proposal since the addition of 50 acres of LA -2 property would not represent a significant increase in the overall supply of undeveloped LA -2 property. 5) The proposal marginally demonstrates merit beyond the interests of the owner by providing for tax revenues for the City of Plymouth as a result of residential development. There is a need for public facilities such as a community playfield that have unique characteristics that limit the locational options for such facilities. The need for a large area of level well- drained land is critical for the development of a community playfield. This type of land is limited in Plymouth. 6) Although retaining this site as Public /Semi - public for a community playfield may not necessarily be considered the highest and best use, the City must base the determination of the best use *or the property in relationship to the needs of the entire community and the fact that there are a limited number of potential community playfield sites such as this within Plymouth. 7) The potential impact upon the several elements of Plymouth Comprehensive Plans have been reviewed during the Development Review Committee process. No specific negative impacts have been identified with respect to Capital Improvement Programs, Official Controls, Storm Sewer, Traffic or Housing Element. Discussion with respect to the impact on the Sanitary Sewer Element of the Comprehensive Plan is contained in the Engineer's Memorandum. The memorandum states the concern that the sanitary sewer serving this site was reduced when the property was reguided to LA -2 in 1989 and that the fact that if this Concept Plan does not move forward, a more intense development could occur. 4 - This reclassification proposal does negatively impact the Park and Trail Plan Element of the Comprehensive Plan. This site is proposed for a community playfield. If this site is reguided, then the Park and Trail Plan Element must also be amended to reflect this change and to identify another suitable location for this use or the elimination of a playfield from the Plan. 8) Discussion with respect to the impact on the utility charges is contained in the Engineer's Memorandum that has been attached to the staff report. 9) Impacts on future property tax assessment will be significant since tax revenues would not be generated by City -owned property if this site is ultimately developed as a community recreational facility. If the Park and Trail Plan is amended to provide for a Community Playfield in another location, the tax assessment impact would be negligible. b. We find the proposal to reclassify approximately 50 acres on the subject site from Public /Semi - Public to LA -2 (Low Medium Density) not to be consistent with the Comprehensive Plan. While the reclassification proposal may meet the locational criteria and may respond adequately to the many checklist issues to be considered in the review of Land Use Guide Plan Elements for LA -2 property, the proposal is inconsistent with the Park and Trail Plan Element of the Comprehensive Plan. 2. Concept Plan a. Staff finds that the higher density attached housing should be relocated from the northwest corner of the site to the more wooded areas south of Plymouth Creek Elementary School. A more environmentally sensitive development plan could be developed for attached housing in the wooded areas than would normally be proposed for a single family development in this same location. In addition, the area to the north and west of the proposed multifamily townhome sites have recently been approved for single family development. Placing a multifamily attached development in such a visible location may result in conflicts between the detached and attached developments. b. The overall: concept of residential development on this site is compatible with the residential uses proposed on the north, south, east and west of this property. c. During the Preliminary Plat and Final Plat process of this project the developer must pay particular attention to the Flood Plain and Shoreland Overlay District requirements as they impact this site. d. The Concept Plan is inconsistent with the Land Use Guide Plan and the Park and Trail Plan Element of the Comprehensive Plan in that it shows residential development in place of a public community playfield. e. It should not be construed that at this time, any portion of Outlot I, other than a 30 foot trail outlot on the south side of County Road 9, will be accepted for dedication to the City. 5 - 3. Alternative Concept Plan a. The petitioner has also submitted an alternative Concept Plan which shows a 48.4 acre outlot in the location of the proposed community playfield. This proposal reduces the number of dwelling units in the plan to 134 single family detached units and zero (0) townhome units. In all other respects the alternative Concept Plan submitted is similar to the initial Concept Plan. b. The alternative Concept Plan has been submitted so that if the Planning Commission /City Council denies the Land Use Guide Plan Amendment, approval could be granted for the alternative Concept Plan. This would allow the developer to continue to move forward in the development process without having to resubmit a revised Concept Plan. c. Staff finds that the alternative Concept Plan meets the PUD Concept Plan criteria as it conforms with all requirements of the initial Concept Plan with the exception that a 48.4 acre outlot for the community playfield site is proposed in this plan. d. Staff finds that the alternative Concept Plan is consistent with both the Land Use Guide Plan and Park and Trail Plan Elements of the Comprehensive Plan. RECOMMENDATION: I hereby recommend adoption of the attached draft resolution denying the proposed Land Use Guide Plan Amendment and related Concept Plan. I recommend approval of the attached draft resolution approving the alternative Concept Plan which provides for an Outlot over the area classified as public /semi- public and does not require a Land Use Guide Plan Amendment for Plymouth Creek Heights. If the Planning Commission determines that a Land Use Guide Plan Amendment from Public /Semi - Public to LA -2 is appropriate, this item should be continued to allow consideration by the Park and Recreation Advisory Commission. The Parks and Recreation Advisory Commission should then make a recommendation on the relocation or elimination of the proposed playfield. The Parks and Recreation Advisory Commission recommendation should then be heard by the Planning Commission as a Public Hearing prior to the Planning Commission recommendation to the City Council on the Land Use Guide Plan Amendment and Concept Plan. Submitted by: ATTACHMENTS: 1. Resolution Denying Land Use Guide Plan 2. Resolution Denying RPUD Concept Plan 3. Resolution Approving a RPUD Alternative 4. Engineer's Memo 5. Petitioner's Request and Study 6. Land Use Guide Plan Checklist 7. Location Map 8. Map Showing LA -2 Classified Property 9. Large Plans pc /jk /92007:jw) W-IM Amendment Concept Plan DENYING LAND USE GUIDE PLAN AMENDMENT FOR THOMPSON LAND DEVELOPMENT TO RECLASSIFY APPROXIMATELY 50 ACRES OF PUBLIC /SEMI- PUBLIC TO LA -2 (LOW MEDIUM DENSITY (92007) WHEREAS, Thompson Land Development has requested approval for a Land Use Guide Plan amendment to reclassify property located at the southeast corner of Rockford Road and Dunkirk Lane from Public /Semi - Public to LA -2 (Low Medium Density); and, WHEREAS, the Planning Commission has considered the request following a duly scheduled Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the reclassification of land use guiding for Thompson Land Development for approximately 50 acres located at the southeast corner of Old Rockford Road and Dunkirk Lane from Public /Semi - Public to LA -2 (Low Medium Density), subject to the following findings: 1. The reguiding of this property is not consistent with the Park and Trail Plan Element of the Comprehensive Plan. It has been determined through the review and adoption of the Comprehensive Plan that this location is the most suitable location for a community playfield to serve the needs of residents of Plymouth. DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN A FOR THOMPSON LAND DEVELOPMENT FOR PLYMOUTH CREEK HEIGHTS LOCATED AT THE SOUTHEAST CORNER OF OLD ROCKFORD ROAD AND DUNKIRK LANE (92007) WHEREAS, Thompson Land Development has requested approval of Residential Planned Unit Development Concept Plan A for the development of approximately 122.5 acres located at the southeast corner of Rockford Road and Dunkirk Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing; 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 Concept Plan A for the development of approximately 122.5 acres located at the southeast corner of Rockford Road and Dunkirk Lane, subject to the following finding: 1. This Concept Plan is inconsistent with the Land Use Guide Plan and Park and Trail Plan Element of the Comprehensive Plan. res /pc /92007.cp:jw)(3) APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT ALTERNATIVE CONCEPT PLAN B FOR THOMPSON LAND DEVELOPMENT FOR PLYMOUTH CREEK HEIGHTS LOCATED AT THE SOUTHEAST CORNER OF ROCKFORD ROAD AND DUNKIRK LANE (92007) WHEREAS, Thompson Land Development has requested approval of an Residential Planned Unit Development Alternative Concept Plan B for the development of approximately 122.5 acres located at the southeast corner of Rockford Road and Dunkirk Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Residential Planned Unit Development Alternative Concept Plan B for the development of approximately 122.5 acres at the southeast corner of Rockford Road and Dunkirk Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Private drive access shall be limited to internal public roads and restricted from Vicksburg Lane, Old Rockford Road, Dunkirk Lane and 36th Avenue North, except for church access. 4. The maximum density allowed is 3.8 units per acre based on the assigned bonus points. A total of 4 bonus points are assigned as follows: a. Plus 4 for project size, 122.5 acres b. A total of 134 units are permitted res /pc /92007.cp:jw)(3) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 20, 1992 TO:Jj9hn Keho, Associate Planner FROM:" Daniel L. Faulkner, City Engineer SUBJECT: LETTER FROM GREG FRANK, McCOMBS- FRANK -ROOS ASSOCIATES PLYMOUTH CREEK HEIGHTS (92007) The two units per acre the City assessed in November 1991 would represent a total site projected flow rate of 68,040 GPD (108 acres x 630 GPD /acre). The two unit per acre rate is based on LA -1 guiding. When the City reguided the property from LA -3 to LA -2, the 1990 Comprehensive Sewer Plan reduced the 21 inch sanitary sewer to 18 inch based on the less intensive use. This down sizing was predicated on 48.4 acres of public /semi- public use estimated at flow rate of 250 gallons per acre per day and 62.5 acres of LA -2 use estimated at 1,020 gallons per acre per day. This totals to 75,850 GPD, which is significantly less (202) than the concept plans project flow of 94,605 GPD. It should be noted that if the reguiding is approved and this concept plan does not move forward, a more intense development could be approved with even higher flows. The City does not disagree with the applicant's revised narrative concerning the affects of increased traffic and storm drainage. DLF:rcj:do cc: Fred Moore CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: March 18, 1992 FILE NO.: 92007 PETITIONER: Mr. William Pritchard, Thompson Land Development, a Division of U.S. Home Corporation, 8421 Wayzata Boulevard, Golden Valley, MN 55426 LUGPA/ CONCEPT PLAN: PLYMOUTH CREEK HEIGHTS LOCATION Proposed on 123 acres east of Dunkirk Lane, south of County Road 9 in the east 1/2 of Section 17. This memo was prepared in response to the request for land use guide plan amendment from public and semi - public to LA2 for the northern 50.6 acres of the 123 acre site and a concept plan for a PUD including multifamily and.single family dwellings. LUGPA 1) There would be a relatively significant increase in both estimated daily traffic (612) and sanitary sewer flows (502). The applicant needs to explain these effects. 2) There would be a significant increase in storm drainage run off. The applicant needs to determine the effect of the 100 year storm on downstream ponding systems. CONCEPT PLAN 1) Our assessments records indicate that the property was assessed at 2 units per acre for sanitary sewer area and watermain area. If the property develops at more than 2 units per acre, additional assessments will be levied with the final plat. 2) The developer will be responsible for one -half the cost of a 36 foot wide street on Dunkirk Lane. 3) The developer shall petition the City to construct Dunkirk Lane along with the 16 inch watermain and necessary storm sewer within Dunkirk Lane. 4) Comprehensive water system plan indicates a 12 inch watermain along the south portion of the property from Vicksburg Lane to Dunkirk Lane. 5) The applicant shall have the burden of establishing exact locations of the boundaries and type of wetlands as determined by a qualified consultant based on the State Interim Wetland Act of 1991. Drainage easements for ponding shall be required over the areas determined to be wetlands. ENGINEERING MEMO - CONCEPT PLAN Page Two 6) The City will require 10 foot utility and drainage easements on each side of a public utility where these utilities are proposed to be installed. 7) The developer will be responsible for the construction of necessary watermain, sanitary sewer, storm sewers and streets to serve the site. 8) The City will require a final plan and profile for the proposed sanitary sewer, watermain, streets and storm sewers, plus an erosion control plan that is in accordance with our Engineering Guidelines. 9) The City will require a grading and drainage plan showing proposed finished contours indicating how the proposed plat will ultimately drain. This material must be submitted in conjunction with purposed storm sewer plans. The City will then review the proposed storm drainage plans to make sure they are in compliance with the City's Comprehensive Plan for Storm Drainage System. 10) An additional 7 feet of right -of -way will be required along Dunkirk Lane and Old County Road 9 making the total distance from center line 40 feet. The right -of -way for New County Road 9 shall be 120 feet wide. All interior street right -of -ways may be 50 feet wide. 11) A storm water drainage map with runoff calculations and pipe capacity calculations shall be furnished to the City, prior to the final approval of the storm sewer system. 12) The City will require a dedication of drainage easements for Plymouth Creek. 13) No direct access to County Road 9 will be allowed. Based on the lack of sufficient information concerning the effects of increased traffic, storm drainage run off and increased sanitary sewer flows, it is recommended that the reguiding request be continued. SUBMITTED BY Daniel L. Faulkner, P.E. City Engineer McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 March 19, 1992 Mr. John Keho City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SUBJECT: Thompson Land Development Division /U.S. Plymouth Creek Heights (Jordan Parcel) Plymouth, Minnesota MFRA #8868 Dear Mr. Keho: Telephone Engineers 612/476 -6010 Planners 612/476 -8532 FAX Surveyors RECEVED MaR 19 Im CITY OF PLYMOUTH COMMUN4TY DEVELOPMENT DEPT, Home Corp. The purpose of this letter is to comment on the March 18, 1992 Engineer's memorandum on the subject project, relative to the reguiding's impact on sanitary sewer flows, storm drainage runoff, and traffic. We offer the following comments: 1. Sanitary Sewer. In conjunction with the recent trunk sanitary sewer extensions for the Northwest sewer district, the City assessed November, 1991) the Jordan parcel's net 108 -acres for sanitary sewer trunk service at a rate of 2 units /acre, representing a total site projected flow rate of 110,200 gallons per day (108 acres x 1020 gpd /acre). This was in spite of the fact that the northern 50 -acres was guided Public /Semi - Public. Based on the proposed LA -2 reguiding, the projected flow rate for the entire site, as developed in the narrative report, is 113,118 gpd. The approximately 3,000 gpd difference between this projection and the assessed benefit projection is very minimal in the context of a sanitary sewer system design. It should'be noted that the present LA -2 guided portion of the site was guided LA -3 until the City initiated reguiding of several years ago. With the prior LA -3 guiding, the wastewater flow from the site was projected as follows: Land Use Acres Flow Public /Semi - Public 48.4 12,500 gpd LA -3 62.5 87,500 gpd Projected Flow 100,000 gpd An Equal Opportunity Employer Mr. John Keho March 19, 1992 Page Two This compares with the projected flow of 113,118 gpd as contained in the narrative report, again a rather minor difference, relative to sewer design. Finally, it should be noted that the proposed Concept Plan provides for only 191 single - family lots, 88 townhome lots and an 8 -acre church site. Flow projections for these specific uses are as follows: Single Family 191 units x 315 gpd = 60,165 gpd Attached Multi 88 units x 255 gpd = 22,440 gpd Church 8 acres x 1500 gpd /ac * 12,000 gpd Projected Flow 9+05 Bpd Based on commercial /industrial flow rates This flow rate is less than the assessed benefit projected flow rate of 110,200 gpd. In summary, the projected flow rates associated with the reguiding are consistent with the benefits that the City assessed to the site for trunk sewer, and no impact on the City's system is expected. 2. Storm Sewer: Plymouth's Comprehensive Storm Sewer (Plan) was based on this site being developed as LA -3 and Public /Semi - Public, as well as additional properties in this watershed being developed in higher uses. When the City down - guided properties several years ago, they did not amend the storm sewer plan. That is, the Plan still reflects storm sewer flows based on the 1980 Storm Drainage Plan land use designations. The composite run -off rate from the 122.8 -acre parcel, per the 1980 Storm Drainage Plan is calculated as follows: Acres Runoff Coefficient Composite Public /Semi- Public 50.6 0.2 10.1 LA -3 72.2 0.5 36.1 TOTAL 122.8 Based on the reguiding, the composite runoff rate is calculated as follows: Acres Runoff Coefficient Composite LA -2 122.8 0.4 49.1 The difference between these is very minor in terms of storm sewer designing. Considering the fact that significant other areas in Plymouth in the same watershed were reguided downward by the City, there will be no impact on downstream facilities from a 100 -year storm event associated with the proposed reguiding. Mr. John Keho March 19, 1992 Page Three US. 3. Traffic: Prior to Plymouth's reguiding in 1990, the Transportation Plan for this area was based on the Jordan parcel developing as LA -3 and Public /Semi - Public and other surrounding properties developing in higher use. With the earlier guidings, trip generations are estimated as follows for the Jordan parcel: Trip Trips Land Use Net Acres Density Generation (ADT) Public /Semi - Public 48.4 N.A. 6.0 /Day /Acre 290 LA-3 62.5 6.0 unit /ac 8 trips /unit /day 3000 TOTAL 3290 During the City initiated down - guiding, the City's traffic consultant studied the impact of the reguiding on the transportation system. In the area north of T.H. 55 and east of Dunkirk, a projected loss of 105 households and a loss of employment of 661 was estimated, yet the Thoroughfare Guide Plan Update" and the "Proposed Thoroughfare Guide Plan" did not recommend any changes to the transportation system in the immediate area north of T.H. 55 and east of Dunkirk Lane. Based on the Concept Plan narrative, the proposed developer reguiding will result in an estimated traffic from the project site of 4,436 trips per day, as compared to 3,290 trips anticipated before the City initiated reguiding. Based on the proposed Concept Plan housing mix, traffic projections are as follows: Single - Family 191 units @ 10 trips /unit /day 1,910 trips /day Multi - Family 88 units @ 8 trips /unit /day 704 trips /day TOTAL Z, 1 trips /day Because the City did not change the transportation system plan in this area in their downguiding, it follows that the system can adequately accommodate the traffic from this site for the proposed Concept Plan/ reguiding which will have a traffic projection comparable to that which existed before the City downguiding. The fact that other properties were down - guided in the immediate area further supports the conclusion that the reguiding proposed by the developer will not impact the City's transportation plan. If you have any questions or need additional information, please contact Very truly yours, M S FRANK ASSOCIATES, INC. 90 ; Frank, P.E., President GJF:jmj cc: Bill Pritchard, Thompson Land Development Division I. i I /• • •IJ I:r r C Ir I J Each item must have a response, including "Not Applicable ", if that should be the case. 1. Is the locational criteria of both the existing and proposed classifications satisfied by the specific site? Explain. 2. Can the site be reasonably developed under the current classification? If not, explain and demonstrate. 3. Is there a lack of developable property in the same classification as that which is being proposed? If so, is the proposed expansion supported by the Comprehensive Plan Community Structure Concept? If rot, explain the need for expansion. 4. Will other undeveloped property, in the classification proposed for this site, be adversely affected by this action? Will other developed property in the proposed classification, which might be subject to redevelopment /rehabilitation, be adversely affected by this action? 5. How does the proposal demonstrate merit beyond the interests of the owner, proponent, or prospective developer of the site? 6. How does the proposal dmonstrate that the new classification would be the highest and best use of the site? What is the public need or ccam mitt' benefit? 7. What impact will the proposed change have upon the several Comprehensive Plan Elements? Transportation Sanitary Sewer Storm Drainage Municipal Water Housing Capital Improvement Program official Controls ( Zoning, Subdivision, Environmental) City Parks and open Space B. What would be the likely ingaact upon area utility charges; current and future special assessments; current and future property tax assessments; and, per capita -based municipal aids? formsso >pl /lugp.item /s) 10/89 pis I 11 lGlo :47G11:ill:3D i AWN, RAIN 11c; m'r Mmol VA l LAR Z f W11 I (.14111'.1 1 I M CIO I 041 • • M. U S A BOUNDARY IpcOR-4 . r R' - p LAR 4 CR HOLLYOALt •° GOLF COURSE * S cR2 SITE 'ys• • • 2 a L' CR2 j: f t CCL -:4 t.. t 4 A . 4 1p r d L 1 X1. ° $ n 1p v f s or LOCATION OF LARGE UNDEVELOPED LA -2 CLASSIFIED PROPERTY 0 5 6 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: March 17, 1992 COMMISSION MEETING DATE: March 25, 1992 FILE NO.: 92010 PETITIONER: Jeff Delozier REQUEST: Conditional Use Permit to allow a fitness center in an existing retail building. LOCATION: 1400 County Road 101 GUIDE PLAN CLASS: CR -2 (Retail Shopping) ZONING: B -2 (Shopping Center Business District) BACKGROUND On March 16, 1987, the City Council, by Resolution 87 -88, approved a Site Plan and Variances for construction of 18,000 square foot shopping center at this location. In 1988, the City Council approved 4 Conditional Use Permits for 4 restaurants. Notice of this 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 a fitness center to locate in an existing Tone & Tan salon. 2. Parking requirements for 1,900 square foot lease space, based on the r fitness center criteria, is 58 parking spaces. The approved Site Plan for this shopping center provides 110 parking spaces. One of the primary concerns with the issuance of the Conditional Use Permits for the restaurants, was the number of parking spaces available in the shopping center. 3. The Zoning Ordinance directs the Planning Commission to consider a Conditional Use Permit in terms of the criteria found in Section 9, Subdivision A, Paragraph 2a. We have attached a copy of the referenced citation together with the petitioner's response. PLANNING STAFF COMMENTS: 1. Staff finds that the request meets the Conditional Use Permit criteria. Page Two, File 92010 2. Although the proposed use is technically classified as a fitness center, due to the petitioner's proposed name, the number of parking spaces expected to be used for the use would not be at the same level as those generated by a more traditional fitness center. With only 7 fitness machines in the lease space, it is not reasonable to require 58 parking spaces for the use. 3. Staff finds that the parking requirements for this use more closely match the parking requirements for a personal service than fitness center. The parking requirements for personal services is 12 parking spaces. The total number of parking spaces in the shopping center including the proposed use is 108, two less than the 110 provided for on the site. 4. Staff finds that the Conditional Use Permit, if approved, should be renewed in one year to determine if the parking requirements are working as anticipated. RECOMMENDATION: I hereby recommend approval of the attached resolution approving a Conditional Use Permit for a t7 s center to cated 0 County Road 101. Submitted by: Char es E. Dilleru Community Deve opment Director ATTACHMENTS: 1. Resolution Approving Conditional Use Permit 2. Conditional Use Permit Criteria 3. Petitioner's Narrative 4. Location Map 5. Large Plans pc /jk /92010:jw) r r APPROVING CONDITIONAL USE PERMIT FOR JEFF DELOZIER FOR TONE & TAN LOCATED AT 1400 COUNTY ROAD 101 (92010) WHEREAS, Jeff Delozier has requested approval for a Conditional Use Permit to operate a fitness center at Tone & Tan located at 1400 County Road 101; and, f 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 Jeff Delozier for a Conditional Use Permit to operate a fitness center in Tone Tan located at 1400 County Road 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 Jeff Delozier for Tone & Tan 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 one year to assure compliance with the conditions of the resolution, particularly the suitability of offstreet parking. 6. All parking shall be off - street in designated areas which comply with the Zoning Ordinance. 7. The number of toning machines is limited to 7 machines in the lease space. res /pc /92010:jw) r r 14 '• l• C• • 2. $ Before any Oooditiaoal Use Permit may be granted,, the application therefore, shall be referred to the Planning Ommission for purposes of evaluation against the standards of this section, Public Hearing,, and development of a re=. rkm Sat ion to the City Oo uncil, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its confoamiarmce with the following standards: 1) Catpliance 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 in. rvvement 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. r L (6) The =nditianal use shall, in all other respects, confomm to the applicable of the district in which it is located. LI fonnszoypl /cup.atnd /s) 10/89 THE GREATEST RECIPE OF ALL FROM BODYSHAPERS TO YOU .............. A BIT OF ... .........................REASON A LITTLE ... .........................EFFORT PLENTY OF ...........................SELF RESPECT A DASH OF .... .......................INTEREST A PORTION OFF ..... ...................PLEASANTNESS MUCH ............ .....................ENTHUSIASM MIX WELL. ADD A CUP OF MILK OF HUMAN KINDNESS. AVOID SEASONING WITH BITTERS. THIS NEVER GOES SOUR. NEEDS NO REFRIGERATION. SERVES EVERYBODY ACTIVE ANSWERS ABOUT PASSIVE EXERCISE by Martin Maroney r Dr. Sue Shapiro holds PH.D in education from the University of Virginia, specializing in the areas of Sports Medicine and Physiology. She has made numerous appearances on NBC, ABC, ESPN, including the Phil Donahue show and two halftime interviews on national football broadcasts. Between 1974 and 1986 she worked as an athletic trainer at several major universities. Dr.Shapiro currently works in a consulting role with Good Health Industries, manufacturers of the Elite Toning System. In the next few pages, there are some questions and answers of the more common that come up in the growing field of Toning. IS TONING REALLY A "PASSIVE" EXERCISE? In most situations, the tables are not utilized as passive exercise. It's important to understand what the term "Passive" means. It means taking the muscle through an active range of motion without contraction. In other words., someone or something else is doing the work. If someone gets on a table and just lies there, letting the table take them through the motion, it would be a passive exercise, but very little benefit would be received. Once the client contracts their muscles, either isotonically or isometrically, it's no longer a passive exercise.. The term "Passive" is often misused in the industry. You can't advocate totally passive use and still promise inch loss. CAN IT MAKE YOU LOSE WEIGHT? Weight loss will be minimal if the tables are used by themselves. Any good weight loss program must include a well - balanced nutritional diet along with some form of aerobic exercise. Weight loss results from increased energy expenditure and decreased caloric intake. Most manufacturers don't guarantee weight loss, just inch loss, which can be achieved by just the tables. It's a combination of increasing expenditure and decreasing intake that affords a decrease in weight. When you expend more energy than is provided by the food you consume, the body draws on its fat reserves to meet the extra energy demand. When the energy demand exceeds intake by 3500 calories, the body burns a pound of stored fat. Very few of the toning tables on the market produce an aerobic state, which is what results in a caloric burn. Thus toning tables alone cannot generally be considered weight reduction tools. HOW CAN SOMEONE LOSE INCHES WITHOUT LOSING WEIGHT? The inch loss results from a reshaping of the muscle. This reshaping comes about through elongation of the muscle via increased flexibility, decreased intramuscular fat and increased muscle strength. In addition to reshaping the muscle, the tables help facilitate better posture alignment. The client will decrease inches thru good posture by diminishing muscular imbalances and improving spinal curvature. CAN THE USE OF TONING TABLES IMPROVE ENDURANCE OR STAMINA? Proper usage of the toning tables, which includes progressively sustaining longer and more intense muscular contractions, will facilitate gaining muscular endurance. Being that the tables fall short of providing an aerobic exercise, it's not possible for them to provide cardio- vascular endurance. J Being that the tables fall short of providing an aerobic exercise, it's not possible for them to provide cardio- vascular endurance. Stamina, or the ability to fight off fatigue, comes about through the increases in muscular strength that are gained by performing isometric and isotonic contractions over long period of uninterruped exercise. The key to gaining muscular endurance is perfoming the toning exercises for periods of twenty to forty minutes without stopping. Doing short bursts of contractions will be inefficient at bringing about endurance in the muscles. If muscular strength is achieved in specific muscle groups that help improve one's posture, such as muscles in the upper back, stomach and low back, then additional stamina can be achieved, affording the individual the ability to stand.longer, walk further and perform everyday activities with relative ease. This becomes a very important attribute of working on the tables for professional who rely on muscular endurance to get through a day's work. HOW DOES USE OF THE TABLES IMPROVE MUSCLE TONE? It improves muscle tone through the use of isometric and isotonic muscle contractions. When a muscle is contracted and placed into an overload state it begins to gain tensile strength. As this strength improves, the muscle will become stronger, have more endurance and take on a more taut nature. IS IT NECESSARY TO RESIST THE MACHINE TO ACHIEVE RESULTS? It depends on the results that you want to achieve. Without resisting, the client can improve muscle flexibility, decrease stress and achieve minimal peripheral circulatory improvement. Through resisting isometrically or isotonically, the client can improve on the results gained by increasing muscle tone and endurance, decreasing intramuscular fat and achieving postural benefits. If you don't want resist, it is true passive exercise will produce minimal results. DOES REGULAR TONING REALLY IMPROVE FLEXIBILITY? HOW? When exercise physiologists refer to.flexibility, they.make a distinction between joint flexibility (movement around a given joint) and muscular flexibility. The extent of the improvement of muscle and joint flexibility is relative to the condition of the muscles and connective tissue of the person using the tables. Most of the tables have preset ranges that the legs and arms can be moved through, making it difficult to increase joint flexibility past a given point. However, if the client is coming form a sedentary lifestyle or is.limited in his joint motion ofr medical reasons, the toning tables can vastly improve his flexibility. Muscle flexibility, meaning the length of the muscle and connective tissue (tendons and ligaments) can be greatly improved on most of the tables if the.client is properly instructed as to body positioning and rr stretching techniques. There are some tables in which all of the exercises are performed with the legs bent or flexed at the hips, making it difficult to place the muscles on the stretch. I personally feel that the improvement of muscular flexibility is one of the major benefits os the toning tables because it helps to elongate and reshape the muscles providing for inch loss. ARE THERE ANY PSYCHOLOGICAL EFFECTS ASSOCIATED WITH TONING? Yes. In addition to serving as a relaxation technique, most client find that. working out on the tables on a regular basis helps to establish a positive mind set. Once the client starts to exercise, in most instances they will also start to feel better about themselves and become more. conscientious about what they eat and about their lifestyle. HOW LONG DOES IT TAKE TO SHOW NOTICEABLE EFFECTS? When the toning tables are used to promote muscular flexibility, results along these lines will begin to be seen in just a few visits. Visible inch loss can usually be abserved by about the eighth to tenth visit, depending on how extensive the workouts are in intensity and duration. I base this time parameter on the average individual whose muscles and connective tissues have not atrophied (reduced in size) to a state of having very little tone or tautness. A client who has been very sedentary for a number of years will see results more quickly. I re- emphasize the importance of compliance to a well - balanced diet and performance of an aerobic exercise in order to attain the best results. A few clients will have the false impression that since they exercising, a reward of increased calories is warranted. The caloric burning capabilities of the toning tables remains relatively low until clients have advanced to exercises on tthe tables that tress the muscular system. At this point, the inch loss results depend on the client's ability to reshape the major muscle groups and use their stored fat as fuel. HOW MANY TIMES A WEEK SHOULD ONE USE THE TABLES FOR MAKIUM BENEFIT? It's very unlikely that clients will experience soreness from the intensity of isometric or isotonic contractions they are likely to exert on a toning table. Therefore, from a physiological point of view, it's unlikely that using the tables as often as once a day would produce negative or unwanted effects. From a psychological standpoint, however, clients can become emotionally drained or burned out from trying to fit the toning workout into their daily itinerary, especially after a stressful day, making the additional workout psychologically exhausting. In addition, an elderly or orthopedic client with limited joint flexibility should not be overstretched in the begining phases of the toning regimen. Remember, gradual progressive exercise is the key to attaining good results and keeping the clients motivated and excited about using the tables as a vehicle to getting firm muslces. IF A CUSTOMER STOPS USING THE MACHINES, WILL THE INCHES COME RIGHT BACK? When a client discontines use of the tables they will experience the same type of effects that result from ceasing any other activity involving muscular strength and endurance. When a toning client who has increased either muscular strength or endurance on the tables stops working out, he will experience some decline in the tautness of his muslces. In some cases, clients find they lose the ability to do daily activities such as walking, standing and climbing stairs as easily as they once did. Since the inch loss that is experienced is derived from elongation of muscle fibers, a decrease in intramuscular fat and increased muscle strength, it is understandable that as these factors decline, the inches would return. The same type of regression would also take place if one were to cease any other type of regular exercise, however, I would advice clients who have reached their goals and are happy with their appearance to at least continue exercising on the tables one or two times per week in order to maintain their fitness level. CAN A USER PLATEAU? ( REACH A POINT WHERE IMPROVEMENT SEEMS TO LEVEL OFF? It goes without saying that every toning client will reach a plateay at some point in the toning regimen. When a muscle is undergoing isotonic or isometric contractions during an exercise program, the muscle needs to contract against increased resistance to continue to show improvement. If the muscle is not progressively resisted and placed into an overload stressing the muscle beyond the point to which it is normally worked), the result will be a leveling off or plateau effect. Therefore, the key to progressively gaining results lies in knowing.how to place the client into an overload state during each workout, even as his fitness level improves.' HOW DOES A PERIOD OF TIME SPENT ON A TONING TABLE TRANSLATE TO CONVENTIONAL EXERCISE, IF AT ALL? To my knowledge there haven's been any studies comparing traditional exercise workouts th those performed on a toning table. In my opinion, the activity levels in terms of caloric expenditure will fall far short of activities that are aerobic in nature, involving uninterrupted prolonged exercise over a 12 to 20 minute period. Exercise workouts on the toning table that encourage continual motion instead of a rest and work routine will come closer to being equivalent to traditional forms of exercise. Obviously, the intensity and duration to which a client utilizes the toning table will determine how closely the workout parallels conventional types of exercise. CAN AND SHOULD OTHER TYPES OF EXERCISE BE INCLUDED IN THE TONING WORKOUT? Absolutely, some form of aerobic routine to facilitate weight loss and decreases in subcutaneous fat. Toning tables help to reshape the muscles, but unless the activity level is strenuous or long enough in duration to place the client into an aerobic training state, the energy demands will not be high enough to utilize stored fat as fuel. HOW CAN A TONING WORKOUT BE INDIVIDUALIZED TO SPECIALIZE ON ONE AREA OF THE BODY? I recommended five techniques for placing the client into an overload. One of these techniques is isolation. In order to reshape a particular muscle, the toning consultant should exercise the targeted area in relative isolation from other muscle groups. The key to gaining targeted results is placing the client in positions that require the targeted area to contract repetitively, one position following immediately after another with little time in between for rest. WHAT ARE THE VARIABLE SPEEDS FOR? In most instances, the variable speed feature.is added to toning tables as a method of placing the client into an overload. Once the client's muscles becone accustomed to the stress being placed on them one method of making the specific exercise more difficult is by increasing the rate of contractions. Caution should be exercised in advancing the difficulty of a client's toning regimen by increasing the speed of arms and legs motions, however. One of the primary problems confronting a client whose isotonic dynamic) contractions have been speeded up is maintaining muscular coordination to continually resist the faster moving table. Often, a client stop contacting altogether or will only do so about half the time. A better solution is to keep the rate of motion low and emphasize longer sustained contractions. The rate can then be gradually increased, but f with attention given to maintaining coordination. ARE THERE CERTAIN CLIENTS OR POPULATIONS WITH MEDICAL PROBLEMS WHO SHOULDN "T USE TONING TABLES AT ALL? This is obviously a delicate subject because all medical patients have different conditions and different degrees of affliction. One patient with disc problems may not be able to use the tables without a great deal of discomfort, while another may have no problem at all. In general, clients with low back problems (discs, muscle strains, sciatic impairments) should not sustain isometric contractions in the lower back due to increases in the intrathecal pressure along the spine. However, these same clients may very well be able to do isotonic contractions without any discomfort. Cardiac, post surgical and clients with neurological impairments should avoid exercises that involve isometric contractions. Many clients with range of joint motion deficiencies psotural and muscular imbalances and orthopedic injuries that interfere with conventional exercises can work out very well on the tables. Post -natal clients should not begin toning workouts generally until six weeks after a natural delivery or two to three months after a complicated delivery such as a cesarean section. Use of massage pads should be dincontinued with any pregnant client and positions which necessitate the client lying on her stomach should be discourage after a certain point. Prenatal clients in their third trimester should avoid any positions that require lying flat on the back because of ompediment of the blooc flow back to the lower vena cava. Maintaining a posterior pelvic tilt is essential to avoiding lower back problems and should be taught in both prone and supine positions. I would recommend getting a referral from the client's attending physician in cases of special medical considerations. It is important to accurately represent the toning equipment and the exercise concept to the physicians if they should call for information. Overall, I feel that toning tables can serve a positive function for clients who can not do conventional exercise. Clients with medical conditions, however, must have direct supervision and doubts concerning the structure and content of the best toning program for such a clent are best resolved with the assistance of a medical doctor or a physical therapist. AL NEI W db I'ii 111111A m it mn WE WO&MI, 4E' Como/ ON: Inm-7 SOA 0 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: March 16, 1992 COMMISSION MEETING DATE: March 25, 1992 FILE NO.: 92009 PETITIONER: Suburban Hennepin Regional Park District REQUEST: Lot Division and Variances to divide 5.74 acres from a parcel in the FRD District to create a parcel for a trail corridor. LOCATION: 15900 County Road 47 GUIDE PLAN CLASS: LAR (Rural Density Agricultural) ZONING: FRD (Future Restricted Development) BACKGROUND: There are no Community Development activity files on this parcel. Notice of Planning Commission consideration of this application has been mailed as a courtesy, to all property owners within 100 feet of the site. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes a division of an existing 34.4 acre tract into a 5.74 acre parcel and a 28.66 acre parcel. The 5.74 acres was sold to Suburban Hennepin Regional Park District by Sanford Williams in 1985. A formal request for a Lot Division was not submitted for this property transaction until this application. 2. Resulting from this property division application would be a variance from Section 500.37 of the Subdivision Ordinance. That section permits the division of 1pattedlandbutdoesnotprovideforthedivisionof rr unplatted land. The variance is to allow the division of an unplatted parcel by this procedure. 3. A variance is also requested from Section 500.21 of the City Code Subdivision Ordinance) to permit the creation of a 5.74 acre tract of land versus the 20 acre minimum lot size in the FRD District required by the Zoning Ordinance. 4. The Subdivision Ordinance provides for three criteria.to be found by the Planning Commission and City Council before any Subdivision Ordinance Variance may be granted. A copy of those three criteria and the applicant's response are attached to this staff report. Page Two, File 92009 0 PLANNING STAFF COMMENTS: 1. We find the requested variances comply with the Subdivision Ordinance variance criteria. 2. Staff finds that the approval of this Lot Division will facilitate the development of a Regional Trail from the Elm Creek Park Reserve in Maple Grove to the French Regional Park in Plymouth. 3. Staff finds that the approval of thos Lot Division will not negatively impact future development of the remaining 28.66 acre parcel. RECOMMENDATION: I hereby recommend approval of the attached resolutions providing for the division of unplatted property and setting conditions prior to recording of the resolution. /-A r, —'", Submitted by: arles E. Dillerud, Zommunity Development ATTACHMENTS: 1. Resolution Approving Lot Division and Variance 2. Resolution Setting Conditions to Be Met Prior to Recording 3. Engineer's Memo 4. Petitioner's Narrative 5. Location Map r r SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR SUBURBAN HENNEPIN REGIONAL PARK DISTRICT LOCATED AT 15900 COUNTY ROAD 47 92009) WHEREAS, the City Council has approved a Lot Division and Variance for Suburban Hennepin Regional Park District located 15900 County Road 47; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division: 1. No yard setback variances are granted or implied. 2. A Variance is granted from Section 500.21 of the City Code (Subdivision Ordinance) for the creation of 5.74 acre tract of land versus the Zoning Ordinance minimum of 20 acres in the FRD Zone based on the request meeting the variance criteria. 3. A Variance is granted from Section 500.37 (Subdivision Ordinance) regarding division of platted property, based on the request meeting the variance criteria. res /pc /92009.sc:jw) APPROVING LOT DIVISION AND VARIANCE FOR SUBURBAN HENNEPIN REGIONAL PARK DISTRICT LOCATED AT 15900 COUNTY ROAD 47 (92009) WHEREAS, Suburban Hennepin Regional Park District has requested approval for a lot division and variance for the creation of a 5.74 acre and a 28.66 acre parcel located 15900 County Road 47; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division and variance for Suburban Hennepin Regional Park District for property located 15900 County Road 47. EXISTING LEGAL DESCRIPTIONS That part of the East 112 of the Northeast 1/4 lying southerly of the centerline of County Road No. 47 designated as beginning at the southwest corner of said East 112 of the northeast 1/4; thence North along the West line thereof to the centerline of said County Road; thence easterly along said centerline to a point distance 223 feet east as measured at right angles, from the West line thereof; thence South parallel with said West line 162 34/100 feet; thence deflected left 90 degrees a distance of 190 feet; thence deflected left 90 degrees a distance 165 25/100 feet to a centerline of said County Road; thence easterly along said centerline to the East line of the East 112 of the Northeast 1/4; thence South to the Southeast corner thereof; thence West to the beginning except Roads. To be divided and consolidated as follows: PARCEL A All that part of the Southeast Quarter of the Northeast Quarter of Section 4, Township 11, Range 22 Hennepin County, Minnesota described as follows: Beginning at the southwest corner of said Southeast Quarter of the Northeast Quarter; thence north along the west line of said Southeast Quarter of the Northeast Quarter to the center line of County Road No. 47; thence easterly along said center line to a point distant 223.00 feet east as measured at right angles from the west line of said Southeast Quarter of the Northeast Quarter; thence south parallel with said west line 162.34 feet; thence deflect left 90 degrees for a distance of 190.00 r feet; thence deflect left 90 degrees for a distance of 165.25 feet to the center line of :said county road; thence easterly along said center line to the west line of the east 200.00 feet of said Southeast Quarter of the Northeast Quarter; thence south along said west line to the south line of said Southeast Quarter of the Northeast Quarter; thence west to the point of beginning. PARCEL B The east 200 feet of the Southeast Quarter of the Northeast Quarter of Section 4, Township 118, Range 22 lying southerly of Hennepin County Highway No. 47. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division /consolidation is approved by Hennepin County. res /pc /92009:jw): City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: March 18, 1992 FILE NO.: 92009 PETITIONER: Mr. Chuck Bellingham, Department of Planning and Engineering Suburban Hennepin Regional Park District, 12615 County Road 9, Plymouth, MN LOT DIVISION: Parcel 04- 118- 22 -14- 0002 /North Hennepin Regional Trail Corridor Comments based on comprehensive plan: Because of wetlands, Fernbrook Lane will be moved to the west and will not conflict with the County Trail at this location. The property to the south acquired by Hennepin County will conflict with Fernbrook Lane. The City would like Hennepin County to agree to cooperate with the City in locating the trail and Fernbrook Lane on the property to the south. The property owner of the remaining parcel shall acknowledge that Fernbrook Lane is proposed to cross their property. Pond ML -P1 encroaches to an elevation of 976.5 in the southeast corner of the site. An Army Corps wetland covers almost the entire north half of the site. An easement shall be granted over all property below elevation 967.5. Future trunk sanitary sewer terminates at the southeast corner of the site. An additional seven feet of right -of -way shall be granted for County Road 47. Submitted by: Daniel L. Faulkner, P. E. City Engineer RESPONSE TO VARIANCE CRITERIA The 5.74 acre parcel that will be divided from an existing 34.40 acre parcel is adequate for its use as open -space as part of the North Hennepin Regional Trail Corridor. Fifty percent of the land is low lying and unsuitable for building. Hennepin Parks is the owner of land designated for trail corridor abutting this property to the south and owns a strip of land in the plat of Lake Camelot Estates.' The subdivided parcel will provide Hennepin Parks with a continuous parcel in which to construct a bike /hike trail connecting Fish Lake Regional Park to Clifton E. French Regional Park, and ultimately to the Minneapolis Parks trail system. By taking 5.74 acres of land from the larger parcel of 34.40 acres, thelarger parcel will become 28.66 acres which is larger than the 20 acre minimum that is required for development in this zoned area. No building permits will be required on the new 5.74 acre parcel. r 5234.2/E F- tI 1. _ -T_i . . V 920b9 CO. RD. 47 OF r- t T i K a P Z 4s As MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 20, 1992 TO: Planning mmis ion FROM: Chuck it Community Development Director SUBJECT: ZONING RDINANCE AMENDMENTS REGARDING OUTDOOR ADVERTISING At your meeting March 11, 1992 you directed preparation of an amended Zoning Ordinance Amendment regarding outdoor advertising that will address modifications to locational aspects of outdoor advertising rather than complete prohibition. I have received from the City Attorney proposed Zoning Ordinance Amendment language that I believe accomplishes what the Planning Commission has in mind -- consistent with the observations made by staff at the time the original issue of outdoor advertising came to light. Draft Amendment Number 1A, attached addresses these modifications to the amendments. You may recall that we provided the Planning Commission several weeks ago a copy of some suggested amendments to the Zoning Ordinance regarding outdoor advertising proposed by 3M National Outdoor Advertising. These primarily deal with the size of billboards. I have again attached those suggested amendments to this memorandum. Should the Planning Commission desire to address these matters as well this would be an appropriate time. Attachments: 1. Draft Amendment No. 1A Regarding Location of Outdoor Advertising 2. Proposed Amendments Regarding Outdoor Advertising by 3M National Advertising Vc /cd /outdr.3- 25:jw) DRAFT AMENDMENT NO. 1A 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 494 . 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. Following the March 11, 1992 Hearing on the amendment the Planning Commission directed modification of the amendment to limit outdoor advertising to I -1 Districts along State and Federal highways only -- subject to the existing size and spacing standards. These amendments are a substitute for the prohibition approach previously presented. CONCLUSIONS /RECOMMENDATIONS: Zoning Ordinance amendments to execute the direction by the Planning Commission of March 11, 1992 is as follows: Section 1. Amend Section 10, Subdivision A, Paragraph 5 as folldws: c. Advertising Signs. 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 on which such sign is located. Advertising Signs. Advertising signs may be allowed by Conditional Use Permit in the B -3 District subject to the following standards and criteria: 1) Advertising signs shall be allowed only along State Highway 169, State Highway 55, and Interstate 494 with a maximum setback of 350 feet from the centerline of the right -of -way of said highway or interstate. 42) The total surface area of any advertising sign shall not exceed 300 sq. ft. per face, or be less than 110 sq. ft. in area including border, trim, and any projections of the featured message, but excluding base and apron supports and other structural members. Advertising signs fully visible from Interstate Highway 494 may be increased in area to no more than 750 sq. ft.; the area may be increased further by 10% for cut -outs, or extensions of the featured message. 23) The maximum height of all advertising signs shall not exceed 36 ft. above the established grade of the site upon which the sign is located. The maximum length of any sign, including border, trim and any projections of the featured message, shall not be more than 50 feet. 34) The minimum distance between advertising signs shall be based upon the posted speed limit of the public street or highway as follows: 1,500 ft. 55 mph; 1,400 ft. - 50 mph; 1,300 ft. - 45 mph; 1,100 ft. - 40 mph; and, 1,000 ft. - 35 mph or less. Distance restrictions between advertising signs apply only to those signs physically located on the same side of the street or highway, regardless of the direction of travel to which the display message is directed. Measurements to determine the location of one advertising sign in relation to another, will be made along the right -of -way line between the closest extremities of said signs, with the termini projected along lines perpendicular to the right -of -way of the street or highway. Advertising signs shall be constructed so as not to obstruct any existing business or sign. 45) No advertising sign or structure shall be located closer than 200 ft. from the boundary of any urban residential district, park, playground, school, or church on the same side of the street or intersection of streets; or 200 ft. from any structure located within single family residential district located on the same side of the street or intersection of streets. 6) No advertising sign shall contain more than two signs per facing. 7) Advertising signs shall be erected on single poles. No advertising sign shall be erected on or above the roof of any building. 38) The City Council, upon recommendation by the Planning Commission, may require the relocation or removal of advertising signs from sites where urban development is proposed, and when by virtue of site plan review and approval, it has been determined the advertising sign presents an obstruction and /or conflict with other signage as proposed on the site by the owner and /or developer. Likewise, the City Council may limit the amount of freestanding signage allowed on a site, which contains an existing advertising sign at the time of development. 69) The application for consideration of a Conditional Use Permit shall be in accordance with the standards and procedures in Section 9 of this Ordinance. 710)The application shall include, in addition to the required site plan, perspective drawings, or superimposed graphics on photographs of the proposed sign in relationship to the adjacent properties; an accurate map showing the location of all existing signs on the property; and current photographs of all existing signs on the subject property; and the plans for any proposed landscaping. 811)The City Council, upon recommendation by the Planning Commission, and in addition to the standards set forth in Section 9 of this Ordinance, shall make a finding that, by granting the Conditional Use Permit, such an advertising sign will not have a deleterious effect upon existing establishments on the subject property, or upon surrounding properties. Section 2. Amend Section 10, Subdivision A (6) as follows: c. Advertising Signs. Advertising signs as provided herein are intended to direct attention to a business, commodity, service, activity, or entertainment which is not conducted, sold, or offered upon the premises on which such sign is located. Advertising signs shall be permitted only within the Planned Industrial District under the following conditions: 1) Advertising signs shall be allowed only along State Highway 169, State Highway 55, and Interstate 494 with a maximum setback of 350 feet from the centerline of right -of -way of said highway or interstate. 42) The total surface area of any advertising sign shall not exceed 300 sq. ft. per face, or be less than 110 sq. ft. in area including border, trim, and any projections of the featured message, but excluding base and apron supports and other structural members. Advertising signs fully visible from Interstate Highway 494 may be increased in area to no more than 750 sq. ft.; the area may be increased further by 10% for cut -outs, or extensions of the featured message. 23) The maximum height of all advertising signs shall not exceed 36 ft. above the established grade of the site upon which the sign is located. The maximum length of any sign, including border, trim and any projections of the featured message, shall not be more than 50 feet. 34) The minimum distance between advertising signs shall be based upon the posted speed limit of the public street or highway as follows: 1,500 ft. 55 mph; 1,400 ft. - 50 mph; 1,300 ft. - 45 mph; 1,100 ft. - 40 mph; and, 1,000 ft. - 35 mph or less. Distance restrictions between advertising signs apply only to those signs physically located on the same side of the street or highway, regardless of the direction of travel to which the display message is directed. Measurements to determine the location of one advertising sign in relation to another, will be made along the right -of -way line between the closest extremities of said signs, with the termini projected along lines perpendicular to the right -of -way of the street or highway. Advertising signs shall be constructed so as not to obstruct any existing business or sign. 45) No advertising sign or structure shall be located closer than 200 ft. from the boundary of any urban residential district, park, playground, school, or church on the same side of the street or intersection of streets; or 200 ft. from any structure located within single family residential district located on the same side of the street or intersection of streets. 6) No advertising sign shall contain more than two signs per facing. 7) Advertising signs shall be erected on single poles. No advertising sign shall be erected on or above the roof of any building. 58) Advertising signs may be located in required industrial yard setback areas if all requirements of Conditions 1, 2, 3, and 4 are satisfied. 69) The City'Council, upon recommendation by the Planning Commission, may require the relocation or removal of advertising signs from sites where urban development is proposed, and when by virtue of site plan review and approval, it has been determined the advertising sign presents an obstruction and /or conflict with other signage as proposed on the site by the owner and /or developer. Likewise, the City Council may limit the amount of freestanding signage allowed on a site, which contains an existing advertising sign at the time of development. Bold Print - indicates new text eeu - indicates deleted text pc /cd /signs.3- 25:`jw) JOSEPH P. McCORMICK ATTORNEY AT LAW 3033 EXCELSIOR BOULEVARD SUITE 300 MINNEAPOLIS, MINNESOTA 55416 612- 924 -2350 Mr. Chuck Dillerud City of Plymouth Community Development Department 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Zoning Text Amendment Dear Mr. Dillerud: RECEVED DEC 12 1991 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPT, December 10, 1991 As you know, I represent 3M /National Advertising Company. In that capacity we have had certain discussions regarding the placement of an outdoor advertising sign at 815 North Highway 169, in the City of Plymouth. It is my understanding that at the present time there is a six month moratorium on the issuance of any permits for the placement of outdoor advertising signs in the City of Plymouth. The purpose of this letter is to seek your advice as to the method and manner by which my client may propose a change to Section 10, Subdivision A.6.C.(1), which limits the size of certain outdoor advertising signs to a surface area of no more than 300 square feet. As we have discussed, the industry standard for painted bulletins, which is the product my client utilizes, is for signs of 10.5' X 36' or 378 square feet. I have enclosed herein the proposed change to the zoning code along with a driscussion for the reasons thereof. I would appreciate it if you would, at your convenience, read over the suggested change and give me a call with your comments or suggestions as to how best proceed to instituting this change. Mr. Chuck Dillerud Page Two Thank you for your attention to this matter and your cooperation and professional courtesies throughout this process. I look forward to hearing from you shortly. Sincerel , IL C J eph r. McCormick JPM /wp Enclosure r r TEXT AMENDMENT CHANGE REQUEST This request concerns a requested change in Section 10, Subdivision A.6.c.(1) of the Plymouth Zoning Ordinance. The present text is set forth below along with the requested change indicated by strikeouts and /or additional text. C. Advertising Signs. Advertising signs as provided herein 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. Advertilsing signs shall be permitted only within the Planned Industrial District under the following conditions: 1) The total surface area of any advertising sign shall not exceed -390- 378 sq. ft. per face, or be less than 110 sq. ft. in area including border, trim, and any projections of the featured message, but excluding base and apron supports and other structural members. Advertising signs fully visible from Interstate Highways may be increased in area to no more than 750 sq. ft.; the area may be increased further by 10% for cut -outs, or extensions of the featured message. DISCUSSION The outdoor advertising medium is one of standardized sizing. This sizing exists for a number of reasons including safety, cost and uniformity of message size throughout the advertising industry. First, safety plays an important part in the uniform sizing. The intent of outdoor advertising panels is to convey a message to the consumer in a short period of time, without jeopordizing the organized flow of traffic nor the safety of the driver. While a smaller sign, on a minimally travelled road with reduced speeds may be appropriate to maintain safety while conveying a message, it would be wholly inappropriate on a heavily travelled highway with posted speeds of 55 m.p.h. Within the City of Plymouth, it appears that there are only four (4) locations in which this particular portion of the Zoning Code relative to ' signs of this nature would apply; and, they are all located on Highway 169, a highway with posted speeds of 55 m.p.h. In fact, the current text of the zoning code appears to allude to this safety factor by prohibiting any sign in these locations which is less than 110 sq. ft. in surface area. Second, cost is a major concern to both the manufacturers and users of the outdoor advertising medium. The Traffic Audit Bureau (TAB), under the authority of the Association of National Advertisers (ANA) and the American Association of Advertising Agencies (AAAA) sets the standards for size and usage of outdoor advertising nationwide. The standards in the present situation (painted bulletins) describe the generally accepted size of a painted bulletin to range in size from 10' X 36' to a "Super Bulletin" size of 14' X 48'. Advertisers size their message according to these standards and the equipment and facilities required for the production of these "bulletins" cannot be easily or cost - effectively modified to accomodate a larger or smaller size product. This standardization within the painted bulletin industry allows the manufacturer and user alike to create and implement a marketing plan which is vastly superior to the "poster" system of outdoor advertising. Painted bulletins" as compared to multiple sheet "poster" systems are generally accepted as more aesthetically pleasing than poster type systems due to their more deep and vibrant colors; more durable than poster systems which tend to peel away after a short duration and in all respects a higher quality product than that of a poster system. Third, and closely related to the cost factors as above set forth is the uniformity of message size throughout the painted bulletin industry. This uniformity allows the advertiser to produce multiple numbers of painted bulletins, which can be distributed to various locations throughout local and national markets without the added cost burden of downsizing or upsizing as required by differing local zoning regulations. Further, such uniformity precludes the haphazard placement of different and varying size bulletins along similar stretches of roadway; some being too small to safely and adequately convey the desired message while others being larger than required and thus obtrusive to the reader and the community in general. In conclusion, "painted bulletins" are a vastly superior product to the poster" type system prevalent in many areas. Painted bulletins carry a deeper and more vibrant color; do not peel away from the surface as do posters and in general are universally accepted as a quality product. However, industry standards mandate that painted bulletins be produced in uniform sizes such as the 10 1/2' X 36' (378 sq. ft.) requested here. This uniformity allows production costs to remain reasonable; allows advertisers to produce multiple bulletins which can be placed in various locations and conveys the advertising message in a safe and acceptable manner.