Loading...
HomeMy WebLinkAboutPlanning Commission Packet 05-29-1992q, Ao MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 29, 1992 TO: Planning XGCONCERNING ers FROM: Charles E , Community Development Director SUBJECT: PUBLIC HE THE AMENDMENT TO THE TRANSPORTATION PLAN ELEMENT OF THE COMPREHENSIVE PLAN REGARDING THE FERNBROOK LANE CORRIDOR BETWEEN COUNTY ROAD 6 AND GLEASON LAKE ROAD (91036) At its meeting April 20, 1992, the City Council directed staff to order a traffic study from Strgar- Roscoe - Fausch that would model the traffic count resultants of the subject proposal. The Council also directed the Planning Commission to hold a public hearing concerning amending the Thoroughfare Plan regarding Fernbrook Lane after receipt of the traffic study materials from the traffic consultant. Consistent with the City Council direction Strgar- Roscoe - Fausch has completed a traffic study, a copy of which is attached to this memorandum. The Traffic Study describes the year 2010 distribution of traffic that would result from not constructing Fernbrook Lane as a through route from County Road 6 to Gleason Lake Drive. The Traffic Study also provides analysis and a recommendation that the Thoroughfare Plan not be amended. Note that the Traffic Study does find the amount of traffic that would be introduced to the regional highway network (Interstate 494) would be insignificant as a result of the amendment to the Transportation Plan, but the impact on other City streets would be significant in some cases. I have also attached copies of reports prepared by the Public Safety Division regarding potential impacts to Public Safety functions that could result from an amendment to the Transportation Plan if you eliminate the through route from County Road 6 to Gleason Lake Road. These reports were prepared in response to discussion surrounding the "Harbor Woods" Preliminary Plat in 1991 and the "Harbor Woods" Final Plat in 1992. With this technical information and the public hearing testimony the Planning Commission is asked to again consider the issue of the Fernbrook Lane Minor Collector route. I have attached minutes of prior Planning Commission consideration and recommendations on this issue, as well as pertinent City Council minutes. A portion of the Public Safety information was available at those times, but the Traffic Study was not, nor was the latest Public Safety memorandum. Page Two, File 91036 I have attached draft resolutions, both recommending approval of the amendment and recommending no amendment as proposed. Attachments: 1. Resolution Approving an Amendment to the Transportation Element of the Plymouth Comprehensive Plan Regarding Fernbrook Lane. 2. Resolution to Retain the Transportation Plan as now Approved with Regard to Fernbrook Lane. 3. Strgar- Roscoe - Fausch Traffic Study of May 27, 1992 4. Memo of the Fire Inspector of March 10, 1992 5. Memo of the Fire Inspector of June 7, 1991 6. City Council and Planning Commission Minutes Regarding the Fernbrook Lane Thoroughfare Issue pc /cd/91036) APPROVING AMENDMENT TO THE TRANSPORTATION ELEMENT OF THE PLYMOUTH COMPREHENSIVE PLAN (91036) WHEREAS, the Planning Commission has, at the direction of the City Council, conducted a Public Hearing regarding an Amendment to the Transportation Element of the Comprehensive Plan to delete the Minor Collector status of Fernbrook Lane /Harbor Lane between County Road 6 and Gleason Lake Drive; and, WHEREAS, the Planning Commission has reviewed the report of the City's Traffic Consultant regarding the impact of such a Transportation Plan Amendment on adjoining streets and highways; and, WHEREAS, the Planning Commission has considered the recommendations and analysis of the Public Safety Department and other staff regarding the proposed amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does amend the Transportation Element of the Plymouth Comprehensive Plan to delete the Minor Collector status on Fernbrook Lane /Harbor Lane between County Road 6 and Gleason Lake Drive. FURTHER, that this amendment to the Transportation Element of the Comprehensive Plan is contingent on the approval of the Metropolitan Council as required by law. res /pc/91036) DENYING AMENDMENT TO THE TRANSPORTATION ELEMENT OF THE PLYMOUTH COMPREHENSIVE PLAN (91036) WHEREAS, the Planning Commission has, at the direction of the City Council, conducted a Public Hearing regarding an Amendment to the Transportation Element of the Comprehensive Plan to delete the Minor Collector status of Fernbrook Lane /Harbor Lane between County Road 6 and Gleason Lake Drive; and, WHEREAS, the Planning Commission has reviewed the report of the City's Traffic Consultant regarding the impact of such a Transportation Plan Amendment on adjoining streets and highways; and, WHEREAS, the Planning Commission has considered the recommendations and analysis of the Public Safety Department and other staff regarding the proposed amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does find the Transportation Element of the Plymouth Comprehensive Plan with regard to the Minor Collector status on Fernbrook Lane /Harbor Lane between County Road 6 and Gleason Lake Drive to be reasonable, correct, and in the general public interest, and therefore no amendment to the Transportation Plan in that regard is approved. res /pc /91036:jw) SRFSTRGAR- ROSCOE- FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRANSPORTATION CIVIL STRUCTURAL ENVIRONMENTAL LAND SURVEYORS SRF No. 0921685 MEMORAMUX TO: Fred G. Moore, P.E. iunvrn Director of Public Works MAY 2g 1992CityofPlymouth FROM: Dennis R. Eyler, P.E.: Jeffrey R. Bednar %? DATE: May 27, 1992 SUBJECT: FERNBROOK LANE - COUNTY ROAD 6 TO GLEASON LAKE ROAD As you requested, a review of the future (year 2010) traffic forecasts on Fernbrook Lane and other associated roadways within the subject vicinity has been completed. Two alternative scenarios were considered in this review. One has Fernbrook Lane between County Road 6 and Gleason Lake Road as a "through" minor collector street as indicated in the city's Transportation Plan, and the second has Fernbrook Lane as a non - through local Street. Future (year 2010) traffic forecasts were developed for these two scenarios (see Figures 1 and 2) based on the city's Transportation Plan forecasts and the "Tranplan" Computer Network Model. Based on a review of these alternative scenario forecasts, we offer the following comments and recommendations for your consideration: 1. The future average daily traffic volume forecast for Fernbrook Lane as a "through" minor collector street (see Figure 1) between County Road 6 and Gleason Lake Road is 4,000. This volume falls well within the acceptable range for collector streets. 2. Constructing Fernbrook Lane as a non - through local street see Figure 2) would reduce the future ADT volume to 1,100 on the north segment and 2,600 on the south segment. These ADT volume forecasts are however still above those considered acceptable (1,000) for local residential streets. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475 -0010 FAX 612/475.2429 Fred G. Moore, P.E. - 2 - May 27, 1992 3. From a regional transportation system perspective, the impact of not constructing Fernbrook Lane as a "through" collector street is not significant. The future ADT forecast on I -494 adjacent to the subject segment of Fernbrook Lane only increases by 500 trips per day from 87,000 to 87,500 or by less than one percent. 4. Local transportation system impacts are more significant however. Traffic volumes on Niagara /Shenandoah Lane between County Road 6 and Gleason Lake Road double without constructing Fernbrook Lane as a "through" collector street. Other local and county road traffic volume forecasts also increase significantly. 5. Fernbrook Lane throughout the city is proposed to serve as a through" minor to major collector street paralleling I -494 on the west to provide local access to the regional system. If Fernbrook Lane is not constructed as a "through" minor collector street between County Road 6 and Gleason Lake Road, the local system continuity would be disrupted. Based on this review and analysis, we recommend that the City continue to consider constructing Fernbrook Lane between County Road 6 and Gleason Lake Road as a "through" minor collector street. This roadway will provide an important local transportation facility which is adjacent and parallel to I -494. Should you have any questions or comments concerning this review and analysis, please contact us. JRB: bba Attachments XXXX - FUTURE (YEAR 2010) AVERAGE DAILY TRAFFIC VOLUME FORECASTS STRGAR- ROSCOE- FAUSCR INC CITY OF PLYMOUTH SRF CONSULTING ENGINEERS FERNBROOK LANE - THRU COLLECTOR STREET SRF NO.09n"S I FERNBROOK LANE FROM C.S.A.H. 6 TO GLEASON LAKE ROAD I FIGURE 1 0 XXXX - FUTURE (YEAR 2010) AVERAGE DAILY TRAFFIC VOLUME FORECASTS SRFSTRGAR- ROSCOE- FAUSCK INC CITY OF PLYMOUTH CONSULTING ENGINEERS FERNBROOK LANE - NON-THRU LOCAL STREET SRF NO.0921685 1 FERNBROOK LANE FROM C.S.A.H. 6 TO GLEASON LAKE ROAD 1 FIGURE 2 rit:6 1 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 10, 1992 TO: Chuck Dillerud, Community Development Director FRAM: Kevin C. Leuer, Fire Inspector SUBJECT: PUBLIC SAFETY (FILE 90093) The proposed final plat for Harbor Woods (file 90093) does not include the connection of Fernbrook Lane across the Luce Line. The connection of this roadway is critical in reducing our emergency response times. The extension of Fernbrook Lane across the Luce Line will reduce police, fire and ambulance response times by more than two minutes. On the surface, two minutes does not sound like a substantial amount of time. But, suppose you were having a heart attack, or were choking and unable to breathe, or had your children trapped in the second story of the home with a raging inferno below them, two minutes would be an eternity and could be the difference between living or dying. Example 11 clearly shows the rate at which fire grows and how critical it is to arrive on the scene within the first five minutes, which would be the time before flashover would occur. Once flashover has occurred anyone within the room or area would perish. After flashover has occurred the fire will spread from room to room in only seconds and engulf one floor spreading to the next floor in just minutes. Example 12 illustrates the survival rate for heart attack victims based on response times. We can clearly see that after four minutes has elapsed from the onset of cardiac arrest the victim only has a 50/50 chance of survival. Reducing that by two minutes would give them an 80+ percent survival rate, undoubtedly better odds for survival. Example 13 depicts the potential emergency response routes available to responders and the estimated travel times based upon three different response routes. The map clearly indicates that the most direct and efficient response route is directly down Fernbrook Lane across the Luce Line. Conclusion: The connection of Fernbrook Lane across the Luce Line is truly a matter of public safety. We have an opportunity before us, to reduce critical response times by more than two minutes for this part of our community. This two minute faster response time will greatly enhance the level of service provided to the citizens within that area for many, many years to come. KCL:ly Attachments: 3 cc Denny Paulson, Acting Public Safety Director David Burke, Acting Fire Chief WHEN DO SECONDS COUNT ? When Children are Trapped in Their Home Because of a Fire 10 i191r1 Flashover is the point where a fire reaches 1500 degrees Fahrenheit and rages out of control, instantaneously igniting everything in its path. It is possible for a fire to reach the flashover point in as few as 5 or 6 minutes. see chart below) 2506 2000 a r c s 1500 c LL 1000 rn W 0 500 i Burnout Full Involvement Open Flame Flashover Ignition eloor Incipient Phase 0 1 2 3 4 5 6 7 8 Time (Minutes) Source: National Bureau of Statistics AT WHAT POINT CAN WE BE SATISFIED WITH OUR RESPONSE TIME? The consequences of lost seconds can be devastating in human life and property loss. The earlier the response the better. Lowered response time ultimately pays for itself by reducing the scale of the emergency and time spent at the scene. Example #1. WHEN DO SECONDS COUNT? When a Victim of a Cardiac Arrest Lies in Wait for Help. SURVIVAL RATE - HEART ATTACK VICTIMS Cardiac Arrest survival rates decline rapidly. At more than four minutes less that 50% of heart attack victims will survive. see chart below) 100 0 90 - a 80 70 60 W 50 40 Q 30 ca 20 a 10 0 WAN 0 1 2 3 4 5 6 7 8 9 10 Time (Minutes) Source: American Red Cross AT WHAT POINT CAN WE BE SATISFIED WITH OUR RESPONSE TIME? The consequences of lost seconds can be devastating in a medical emergency. Lowered response time ultimately pays for itself by reducing the scale of the emergency and time spent at the scene. Example #2. RESPONSE TIME TWO CRITICAL ISSUES EFFECT RESPONSE TIME A. Location of Emergency Equipment B. Travel Time to the Emergency Scene Travel Times: Route #1 - County Road 6 to Fernbrook, south to site, 2 minutes 20 seconds, 1.1 miles. Route #2 - Xenium Lane to Carlson 'Parkway to.Harbor, north to Site, 4 minutes 22 seconds, 2.1 miles. Route #3 - County Road 6 to I -494 to Carlson Parkway to Harbor, north to Site, 4 minutes 31 seconds, 2.2 miles. 7--7 —F I1JT11 AVE I - - 1011 _ d gsG T15T ` ++ O4. 17TH AV ' z sc loa S 2 I N G j -- --1%i - •1--11_ . gL_ .. . - .: - -- The selection of route #1 is the simplest, most direct and efficient for emergency response vehicles. In most cases our emergency response vehicles will be located north of the Harbor Woods site making access more difficult from the south. With the connection of Fernbrook Lane south across the Luce Line substantial reductions in response time will occur. Example #3. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 7, 1991 TO: Chuck Dillerud, Community Development Coordinator FROM: Kevin C. Leuer, Fire Inspector SUBJECT: CONNECTION OF FERNBROOK LANE SOUTH OF COUNTY ROAD 6 TO 4TH AVENUE FILE NUMBER 91036 In a recent internal fire suppression study conducted by our department we identified a need to have a road connection south from County Road 6 to the area south of the Luce Line, in the vicinity of Fernbrook and Harbor Lanes. Due to the current in service and travel time for fire apparatus we cannot provide a fire truck on the scene of an emergency in ten minutes under normal conditions. The extension of Fernbrook lane south of the Luce Line to 4th Avenue would reduce our response time by several minutes to the residents of the area and bring us in line with our ten minute targeted response time. The map indicated as page number 4 shows the current Fire Department ten minute response area. Note that the area in question is outside of this response area. The map indicated as page 5 shows the areas in our City where the department cannot provide fire apparatus on the scene within ten minutes in most cases. The map indicated as page 6 shows the areas that our mutual aid departments can arrive on scene within ten minutes of being called. The map indicated as page 7 shows the areas where fire protection can be provided within the targeted ten minute response time by our department or our mutual aid departments. Page 8 shows the areas where fire suppression cannot be provided within ten minutes due to the increased travel time caused by the indirect routes that fire apparatus must take to get there. The map indicated as page 9 shows some of the key roadway extensions necessary for the timely arrival of fire apparatus on the scene. One of the areas is the extension of Fernbrook Lane. The extension of Fernbrook Lane into the area south of the Luce Line would greatly enhance the City's ability to provide effective fire protection to those residents of our community. KCL:df CC: Lyle C. Robinson, Fire Chief N CIT CD w P Y E sckc w nits PLYMOUTH- S ° 10 !l i ll l i_ lg i• i•! ii =l Il l 1 il.,I ii E, llfi i•._! 111i•,,, ' ti!llll!!1lIElElt!!EEliltill r,er nTennwiee nwiee tili!Itil1ll!l1it11!!ii RESPONSE ZONE PAGE 4 i O a AEI TIP A k 0 Z&FA.5 O C. Vl WS - a 1 16 V Aut kt 0 its s? N t C)IT W P E Y O SC"t OF MILES PLYMOUTR_.. tliltlf[i 1 1E #: [ [tt tiir Hg! r 1 ! I!! :!1 { {tlt!lttliiEii tt:ltttt'_1ltt!!t!ttli{ tit!l ttliftllf tltl tlttlt lltititilt{1illt.11tbt.ltt.t AAlf t i r x EXTENSION OF KEY RUAUS PAGE 9 w Regular Council Meeting April 20, 1992 Page 134 Community Development Director Dillerud stated that as directed by the City Council, staff contacted the Metropolitan Council to request an opinion on whether Fernbrook Lane could be deleted as a minor collector street from the Transportation Plan. It would end in a cul -de- sac, rather than be extended. The Metropolitan Council has informed the City that they will not formally comment on the concept of amending the Transportation Plan to delete Fernbrook Lane between County Road 6 and Gleason Lake Drive until the Council has officially approved a Transportation Plan Amendment contingent on approval by the Metropolitan Council. Director Dillerud stated the Metropolitan Council's decision would be based on the impact on the regional transportation system. In this case the impact on I -494. He recommended that the City Council direct staff to contract a traffic study and to direct the Planning Commission to schedule a public hearing to consider the amendment, once the traffic study has been prepared. He stated that some reguiding has been done in this area since the last traffic study was conducted which should result in a lesser impact than previously determined. Councilmember Helliwell asked how much this type of study would cost and how long it would take to complete. She believes that if the City Council has doubts about whether the road is needed, the study should be conducted. Public Works Director Moore estimated the study would cost under $5,000 and take about two weeks. The consultant will need to rerun the computer model without this segment of roadway, taking into account the land use guiding amendment. Director Dillerud stated the Transportation Plan amendment will not receive consideration from the Metropolitan Council without the traffic study. MOTION was made by Councilmember Edson, seconded by Councilmember Vasiliou, to direct staff to Fernbrook Lane Request for Metropolitan Council review Transportation Plan Amendment Item 8 -A of Regular Council Meeting April 20, 1992 Page 135 conduct a traffic study and to direct the Planning Commission to immediately schedule a public hearing to consider the amendment, once the traffic study has been prepared. Councilmember Tierney requested that the Planning Commission also consider whether granting the request to not extend the roadway would set a precedent for future requests, the impact on other City streets, and the public safety concerns. She noted that the Council recently denied a similar cul -de -sac request. Councilmember Edson stated that the Fernbrook Lane request is different in that there is an alternative access to the neighborhood; not a single access as in the Rosewood Lane situation. Motion carried, five ayes. and Betty Begin from the Board of Zoning Adjustments and Appeals ruling of denial to increase the surface area of a freestanding business sign from 96 sq. ft. to 200 sq. ft. for the Cottonwood Plaza Shopping Center located at 3900 Vinewood Lane North. Staff recommends denial of the appeal. Barbara DeMars, Leasing Agent for Cottonwood Plaza, requested that the Council grant the appeal. The Cottonwood Plaza tenants fee hey need more visibility through a larger freestanding sign. The wall signs w identify each business are not all visible m County Road 9. Through customer surve tenants concluded that people aren't a of what is in the center. She stated the ckford Road Plaza sign is 300 sq. ft. and ested a 200 sq. ft. sign be approved for C onwood Plaza. Ms. DeMars stated that 11 businesses in the center were liste the existing sign, it would be unreadable. a feels this is a hardship, as well due to distance from the center to County R 9. Br anson, 3900 Vinewood Lane, stated the messes in Cottonwood Center are at a Ruling for J and Betty 03 -01 -9 Item 8 Regular Council Meeting March 16, 1992 Page 95 conded by Councilmember son, to adopt SOLUTION NO. 92 -170 AMENDING POLICY RELATING TO SION AND SILTATION CONTROL. Motion married on a roll call vote, five ayes. MOTION was m by Councilmember Helliwell, seconded by Co ilmember Edson, to adopt ORDINANCE NO. 92 RELATING TO EROSION ONTO STREET OR HIGHWAY AMENDING SUBSECTION 800.29 OF THE PLYMOUTH CITY E. Motion carried on a roll vote, five ayes. MOTION was made by Councilmembe lliwell, seconded by Councilmember Edson, t opt RESOLUTION NO. 92 -171 RENEWING CONS ON AND DISPLAY LICENSES. Motion carried on a roll call vote, five a The City Council received the Planning Commissi recommendations for the 1992 -1996 Capital Improvement Program (CIP). Mayor Bergman noted that the City Council will conduct a study Councilmember Vasiliou stated the Planning Commission recommended that the proposed extension of Fernbrook Lane be deleted from the Capital Improvement Program (CIP). The commission has recommended that the Comprehensive Guide Plan be amended to show a cul -de -sac, rather than a through street, as requested by the neighbors. The Public Safety Department has recommended that the road be extended for emergency response. She suggested that this issue be sent to the Metropolitan Council for opinion so that the City Council has an idea of whether the Metropolitan Council will consider a change to delete the Fernbrook Lane extension and to avoid time and expense involved in formally requesting the change. MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to direct staff to contact the Metropolitan Council to request an ENDING POLICY RELATING TO EROSION AND SILTATION CONTROL Item 6 -I ORDINANCE 92 -7 AMENDING CITY CODE RELATING TO EROSION ONTO STREET OR HIGHWAY Item 6 -I RESOLUTION 92 -171 RENEWING CONSUMPTION AND DISPLAY LICENSES Item 6 -J P ital rovement Regular Council Meeting March 16, 1992 Page 96 opinion by April 6 on whether Fernbrook Lane could end in a cul -de -sac, rather than be extended. Motion carried, five ayes. attached to the Capital Improvement Program a done by Ehlers and Associates, the City's previous fiscal consultant. She stated Councilmember Edson had found an error the park dedication fund projected deficit ount, and asked whether the model should be run by Springsted Inc. Councilmember Edson suggested that ringsted, Inc., review the model prepared b hlers for accuracy. MOTION was made by CouncilmembAV Edson, seconded by Councilmember Vasiliou, to erect staff to have Springsted Inc., review a financial model for the Capital Improvement rogram prepared by Ehlers and Associates for curacy. Motion carried, fiv/ asdCouncilmemberEdsontaff to explain the process used to solposals for property and liability insur Risk Management ordinator Pemberton stated bids were solicited 1991, with League of Minnesota Cities Insuran Trust (LMCIT) awarded the contract. St f did not seek competitive quotes this year s' a the market has not significantly changed in ether pricing or available carriers. MOTIX-172 made by Councilmember Edson, seconded by Cmember Vasiliou, to adopt RESOLUTION N0. AWARDING THE CONTRACT FOR INSURANCE HE 1992/1993 INSURANCE PROGRAM. Property %nd Liability Insurance Item 6 -L CITY OF PLYMOUTH PLANNING COMMISSION NUTES MARCH 20. 19 The Regular Meeting of the City of lmymouth Planning Commission was called to order at 1:0 p.. MEMBERS PRESENT: Chairman Plufk , Commissioners Hal Pierce, Dennis lla, Joy Tierney, Larry Marofsky, Mi ael Stulberg,. and John Wire. MEMBERS ABSENT: None. STAFF PRESENT: Coordi for Charles Dillerud, City Engin er Dan Faulkner, and Planning Sec tary Jackie Watson. MINUTES MOTION by Co issioner Stulberg, seconded by Commissioner Marofsky t approve the Planning Commission Minutes of March 20, 991. Vote. A/ Stained. Ayes. Chairman Plufka, Commissioner Pierce and Wire A tained. MOTION carried. Chairman Plufka introduced the request of Carlson Real Estate Company for Rezoning, Preliminary Plat and Variance for "Harbor Woods" located northwest of Carlson Parkway and I -494. Coordinator Dillerud reviewed the March 5, 1991 Staff Report. Chairman Plufka asked if the construction of Fernbrook Lane would encroach on any DNR protected wetlands, and if the southern two small wetland areas would be impacted. Coordinator Dillerud stated that no DNR protected wetland would be impacted but that the two small areas at the south would be impacted by the construction of Fernbrook Lane. Commissioner Zylla asked if Fernbrook Lane was designated as a minor collector and if so, what width and what volume of traffic could be expected on a minor collector once all development in the area was completed. MOTION TO APPROVE VOTE - MOTION CARRIED CARLSON REAL ESTATE COMPANY (90093) Planning Commission Minute March 20, 1991 Page 34 City Engineer Faulkner stated that Fernbrook Lane is designed to be a minor collector which would be 36 feet in width. He stated that projected vehicle usage at completion of development in the area would be 2 -3 thousand vehicles a day. He said this volume is figured at the rate of each household making 10 trips per day. City Engineer Faulkner stated that minor collectors are necessary to direct local traffic out of neighborhoods so the traffic does not directly impact upon the freeway system. Chairman Plufka introduced Mr. Rick Sathre representing the petitioner. Mr. Sathre stated that Carlson Real Estate Company's goal was to get approval for the preliminary platting of this property and then sell the land to a developer. He said that the area guided LA -4 would probably not be sold at the present time because of a decline in the demand for multi- family homes. Mr. Sathre stated that the two outlots would be conveyed to other owners in the area; Outlot B would probably be conveyed to the Gersbach Development; Outlot A could be joined to the land at the east, used a part of the road right -of -way or be acquired by the Harbor Place Homeowner's Association. Mr. Sathre stated that he was in agreement with the Staff Report. He said there is one issue regarding the alignment of Fernbrook Lane at the southern tip of this parcel that was a problem since the design of the roadway would go through the center of this southerly triangle making the land unusable. Mr. Sathre suggested that this area be acquired by the City. Chairman Plufka asked Mr. Sathre if he had any alternative suggestions for streets in this southern portion of the site. Mr. Sathre responded that this area contains some steep slopes and is a difficult area. He said that if Fernbrook Lane was not constructed Harbor Lane would have to absorb the increase traffic in the area. Commissioner Marofsky asked Mr. Sathre what he thought would be the result of increased traffic if Fernbrook Lane was constructed as a private driveway to the apartment site rather than a City street. Mr. Sathre responded that he did not have an answer. He said he would need more time to think about that idea. Planning Commission Minutes., March 20, 1991 Page 35 Commissioner Zylla asked if a traffic study was done for Fernbrook Lane as it is to be constructed. Coordinator Dillerud stated that a study was done several years ago. Commissioners Pierce asked if it was possible to push Fernbrook Lane closer to the freeway thus creating a larger outlot. Mr. Sathre stated that Carlson Real Estate Company will develop the area as the City requires. He said that if Fernbrook Lane were pushed closer to the freeway retaining walls would be required. Chairman Plufka called a recess at 7:55 p.m. The meeting was reconvened at 8:05 p.m. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Jeremy Wilson -Dando of 14400 4th Avenue North. Mr. Wilson -Dando stated that he represented the Harbor IPlaceHomeowner's Association. He stated that the Association was against the rezoning from FRD to LA -4 and the extension of Fernbrook Lane. Mr. Wilson -Dando said that the Association's reasons for the objection is due to the loss of vegetation and trees; reduction of the natural I buffer from the freeway; the multi - family development would decrease property values and increase traffic; and the completion of Fernbrook Lane would cause some homes to Ibedouble- fronted, and, in one case a home would be triple- fronted. Mr. Wilson -Dando presented a petition to the Planning Commission objecting to the rezoning and completion of Fernbrook Lane. He invited the Commissioners to walk the area to observe the amenities. Mr. Wilson -Dando also stated that the Association was agreeable to the Preliminary Plat for the 16 single family lots but that they would like access to the plat to be via 8th Avenue North. Chairman Plufka responded that the Commissioners do walk the area of each proposed petition prior to Planning Commission meetings. He stated that the Planning Commissioners must reconsider whether the guiding in this area is right. Commissioner Marofsky observed that if access to the single family lots were via 8th Avenue North the trafficwouldthenflowtoHarborLanethusincreasingthetraffic there. Planning Commission Minutes March 20, 1991 Page 36 Chairman Plufka introduced Ms. Sue Beiersdorf of 545 Glacier Lane North. Ms. Beiersdorf stated she was opposed to the multi- family rezoning and against the extension of Fernbrook Lane. Chairman Plufka introduced Ms. Kathy Blish of 510 Glacier Lane North. Ms. Blish stated that her home would be double- fronted if Fernbrook Lane were extended. She said she would rather see twinhomes or townhouses in the proposed LA -4 area instead of apartments. She suggested that the extension of Fernbrook Lane would diminish the natural buffer from the freeway and increase the noise in the area. Ms. Blish asked if an Environmental Impact Study could be requested for this area. Coordinator Dillerud stated that a mandatory Environmental Assessment Worksheet would not be required but that one could be petitioned through the Environmental Quality Board. He offered to give Ms. Blish the information needed to contact them. He said that a petition does not guarantee that an EAW will be required. IChairmanPlufkaintroducedMs. Cheryl Creecy of 14365 4th I Avenue North. i I Ms. Creecy stated that the she was against the rezoning it and extension of Fernbrook Lane because of the potential increase in traffic and the threat to the quality of life currently present in this area. Chairman Plufka introduced Mr. John Grams of 1230 Harbor Lane North. Mr. Grams stated that the Commissioners should reconsider the guiding in this area and determine whether the present guiding is in the best interest of the neighborhood. Chairman Plufka introduced Mr. James Hartmann of 1140 Harbor Lane. Mr. Hartmann stated that he felt the LA -4 guiding was not appropriate for the neighborhood. He said that he was against development in this area 10 years ago and did not realize that the zoning could be changed without a separate Public Hearing not tied to a development. He suggested that there is no clear need for apartments in this area and the increase in traffic resulting from the high density is undesirable. He said that he is against the extension of Fernbrook Lane. Planning Commission Minutes March 20, 1991 Page 37 Mr. Hartman said he did not object to townhomes on the site. He gave Chairman Plufka a copy of his notes when he finished speaking. Chairman Plufka introduced Ms. Lori Hempel of 450 Glacier Lane North. Ms. Hempel stated that the extension of Fernbrook Lane and the proposed multi - family development would cause her home to be triple- fronted. She said the proposed Fernbrook Lane would be 35 feet from her home. She said that her children play in the wooded area as there are no parks in the neighborhood. Commissioner Marofsky asked Ms. Hempel if she had been aware that Fernbrook Lane eventually would be extended. Ms. Hempel responded that she knew this would happen some day but did not think it would happen so soon or that the road would be so close to her home. Chairman Plufka introduced Mr. David Leschak of 14385 4th Avenue North. Mr. Leschak stated that he felt an error had been made in the guiding of the LA -4 area which will disrupt the residential neighborhood. He said that the extension of Fernbrook Lane is also a mistake since the slopes in that area are too steep. He stated that this development would destroy many of the old oak trees in the area. Mr. Sathre showed a graphic of the area designated for the extension of Fernbrook Lane explaining the slopes projected without constructing any walls. Mr. Leschak stated he was also concerned with the increase in traffic which would be generated from a multi - family development at the intersections of Harbor Lane and Gleason Lake Drive, and Gleason Lake Drive and Carlson Parkway. Chairman Plufka introduced Mr. Reg McNutt of 805 Harbor Lane. Mr. McNutt stated that traffic in the area is already heavy. He said the multi- family development will destroy the quality of the neighborhood. He suggested that the City establish a park in the area of Fernbrook Lane and 8th Avenue North with access on to Harbor Lane. Chairman Plufka stated that parks are not part of the Planning Commission authority and are under the authority of the Park and Recreation Department and Advisory Commission. Planning Commission Minutes - March 20, 1991 Page 38 Chairman Plufka introduced Mr. John Richter of 1205 Fernbrook Lane North. Mr. Richter stated that he preferred to see single family homes in the area guided LA -4. He said that multi- family homes in the area would increase the crime rate. He also stated that there is not market demand for multi- family homes. t Chairman Plufka introduced Mr. Skip Rosen of 425 Harbor Lane. Mr. Rosen stated he was against traffic increases which would be caused by a multi - family development; the increase in crime caused by multi- family development; and the destruction of wetlands and wildlife in this area. He said he was in favor of single family units for this iparcel. Chairman Plufka introduced Ms. Deelaine Schaefer of 14506 12th Avenue North. Ms. Schaefer stated she was against multi - family development in this area. She said she would like to see a trail constructed from this area to Parkers Lake and Medicine Lake. Chairman Plufka introduced Mr. Richard Schmidt of 14310 13th Avenue North. Mr. Schmidt stated that if the LA -4 area was eliminated from the plan the need for Fernbrook Lane would also be eliminated. He said the LA -4 guiding is not in character with the neighborhood. He suggested that Fernbrook Lane, if constructed, be placed closer to the freeway. Mr. Schmidt stated that he was aware of the plans for Fernbrook Lane some time ago but did not know what steps to take to get them changed. He said that it is time now to get the extension of Fernbrook Lane stopped. Chairman Plufka explained that if Fernbrook Lane were moved closer to the freeway it would encroach on the wetlands in the area. Chairman Plufka introduced Mr. David Schumacher of 525 Harbor Lane North. Mr. Schumacher stated that he was against the proposed multi - family development. He said that the increased traffic from Harbor Lane onto Gleason Lake Drive would be a hazard for small children. He said he preferred to see single family homes in the LA -4 guided area. Planning Commission Minutes March 20, 1991 Page 39 Chairman Plufka introduced Ms. Dorothy Vigness- of 530 Glacier Lane North. Ms. Vigness stated that when she purchased her home the developer told her the street stub was for access to adjoining property but that this was not likely to happen. She said she also called the City before purchasing her home about the street stub and future construction of a road and was told there were no plans at that time ". Chairman Plufka replied that the City was correct in stating that there had been no plans for the extension of the roadway since this is the first application for this property which includes the extension of Fernbrook Lane. Chairman Plufka introduced Ms. Alice Williams of 14325 12th Avenue North. Ms. Williams stated that she is against the LA -4 guiding and the extension of Fernbrook Lane. She read a portion from the 1989 Plymouth Handbook Mission statement regarding the aspect of "rural living in an urban setting" in the City of Plymouth and suggested that this development is not mindful of the Mission Statement. Chairman Plufka introduced Mr. Larry Wood of 1125 Fernbrook Lane. Mr. Wood stated that when he purchased his home the realtor made him aware of the extension of Fernbrook Lane and some single family development but did not suggest that there would be any multi- family development in the area. He said that he in favor of the extension of Fernbrook Lane, but is against the LA -4 guiding. Mr. Wood asked why citizens are. not informed of zoning changes; what guidelines are used for determining zoning; whether assessments will be charged to neighbors for the road; whether parking is allowed on a minor collector and what the speed limit is on a minor collector; and what plans are there for the Luce Line Trail. Chairman Plufka responded that the rezoning cannot be done until public utilities are in to the site and an application is received for development. He said that the City Council is charged with the responsibility of assessments. City Engineer Faulkner responded that parking is allowed on a minor collector street except from 2:00 a.m. - 6:00 a.m., and the speed limit on a minor collector is 30 mph. Planning Commission Minutes March 20, 1991 Page 40 Chairman Plufka stated that there present time for crossing the Luce will be none until an application is to develop a site abutting the trail. are no plans at the Line Trail and there received by the City I Chairman Plufka introduced Mr. Mike Munson of 305 Harbor Lane. Mr. Munson stated that he did not feel the LA -4 site was properly guided and stated his concern about the increased traffic the site would generate. He questioned whether the DNR approved the plan. Chairman Plufka stated that the DNR has not opposed this development plan. Chairman Plufka called a recess at 9:45 p.m. He reconvened the meeting at 9:55 p.m. Chairman Plufka closed the Public Hearing. Chairman Plufka thanked the audience for their comments and for being so thoughtful and courteous during the Public Hearing. Commissioner Marofsky questioned whether all the land in this site had to be platted at this time including the extension of Fernbrook Lane, or could the single family homes be platted separately. City Engineer Faulkner responded that platting of the entire property including the roadway is required. Coordinator Dillerud stated that, with a subdivision plat in process and public utilities available to the site, it was not consistent with the Zoning Ordinance to leave a portion of the site zoned FRD. Rezoning to some urban zoning classification is required. The proposed R -4 zoning is the correct classification for consistency with the Land Use Guide Plan. Coordinator Dillerud concurred in Engineer Faulkner's statements on platting-all contiguous property. Commissioner Marofsky stated that R -4 zoning is not restricted to just apartment houses but has other alternatives which are listed in the Zoning Ordinance. Commissioner Marofsky stated that the extension of Fernbrook Lane will eliminate the current traffic problems in the area by giving the area a north /south access and will also give the area an alternative access in case an emergency causes the current access to be blocked. Planning Commission Minutes March 20, 1991 Page 41 Commissioner Wire stated that he would like to see the Thoroughfare Guide Plan studied again regarding the extension of Fernbrook Lane and defer the rezoning until this is done. Chairman Plufka stated that the extension of Fernbrook Lane will eliminate much of the traffic from the south especially once is crosses the Luce Line. He suggested that the Commissioners ask themselves whether the LA -4 guiding is appropriate for the site and whether the Luce Line should be crossed by the extension of Fernbrook Lane. Chairman Plufka stated that the Commission also must consider that they cannot deprive a landowner of the reasonable use of his land. Commissioner Zylla stated that a property owner has the right to request rezoning of his property that is consistent with the Land Use Guide Plan. He suggested that a trade -off might be made to lower the guiding on the LA -4 parcel for the right to extend Fernbrook Lane. Commissioner Zylla stated that the extension of Fernbrook Lane is necessary to provide an alternative way out of this area. Mr. Sathre commented that single family developers are not interested in the LA -4 guided property because of its proximity to the freeway. He said he though they may be interested in a lower density of LA -3 or LA -2. Commissioner Pierce suggested that a lesser density in this area would allow an alternative configuration for the extension of Fernbrook Lane. Commissioner Stulberg stated that a R -4 zoning does not necessarily mean apartments nor does it mean that the crime in the area will increase. MOTION by Commission Stulberg, seconded by Commissioner MOTION TO APPROVE Wire to recommend approval of the Preliminary Plat for Harbor Woods" based on the staff recommendation contained in the Staff Report of March 5, 1991 but subject to the following modifications: 1. The plat shall be modified to substitute a single outlot for the proposed Fernbrook Lane; Lot 1, Block 1; Outlot A; and Outlot B. 2. Condition No. 1 of the recommendation be modified regarding the Engineer's Memo as it relates to features eliminated from the plat by No. 1. Planning Commission Minutes June 12, 1991'1 Page 108 0 0000 an alternative pylon si hich is more in keeping with the gateway image of City of Plymouth which could be displayed at the Cit Council Meeting. Chairman Plufka introduced the request by the City of Plymouth for continued consideration of the Thoroughfare Guide Plan for the area generally bounded by I -494, Harbor Lane (extended), Gleason Lake Road and County Road 6. Coordinator Dillerud reviewed the May 23, 1991 Staff Report. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Rick Sathre, speaking on behalf of the Carlson Real Estate Company. Mr. Sathre presented the Commissioners with an alternative plan for the site differing from the plan that had previously been before Public Hearing at the Planning Commission. He discussed the plan stating that Carlson Companies would be donating the easterly protion of the parcel guided as LA -4 in the future to either the City or another party with the condition that it be held as a natural preserve. Mr. Sathre requested that the guiding of this site remain as LA -4 until after Carlson Real Estate has donated the property. He said this is necessary for tax benefit to the company. Chairman Plufka asked if the reguiding of this parcel could be revisited in recognition of the alternate proposal discussed this evening with Mr. Sathre, representing Carlson Real Estate. Director Tremere stated that it could be revisited. Chairman Plufka introduced Mr. Pat Murray of 504 Kingsview Lane. Mr. Murray stated that he is the spokesman representing 34 homes located on Kingsview Lane who are against the connection of 10th Avenue North. He said that the steep grade and the curve of the road would need to be corrected if 10th Avenue North were connected. Mr. Murray stated that the homeowners objected to the connection. He said that the cul -de -sac was created from land dedicated from the surrounding property owners and they keep this area open so that an emergency vehicle could enter this area. VOTE - MOTION CARRIED THOROUGHFARE GUIDE PLAN (91036) Planning Commission Minutes June 12, 1991 ? r' Page 109 Chairman Plufka introduced Mr. Roy Obermiller of 920 Kingsview Lane North. Mr. Obermiller stated that he keeps the grass cut in the 10th Avenue North area. He said he can see no benefit to Fernbrook Lane crossing the Luce Line or the connection of 10th Avenue North. Chairman Plufka introduced Ms. Jan Anderson of 910 Kingsview Lane. Ms. Anderson stated that no one on Kingsview Lane was in favor of the 10th Avenue connection. She said all the property owners expressed concern over the safety hazard that would result from increasing traffic if 10th Avenue were connected. Chairman Plufka introduced Mr. Ron Anderson of 915 Kingsview Lane North. Mr. Anderson voiced his objection to the connection of 10th Avenue North. He said he and the neighbors enjoy the dead end cul -de -sac on Kingsview Lane North. Chairman Plufka introduced Mr. Jim Hartman of 1140 Harbor Lane. Mr. Hartman stated that none of the residents on Harbor Lane want Fernbrook Lane connected nor do they want to see Fernbrook Lane extended across the Luce Line. He said that he is also against the connection of 10th Avenue North, but, if the connection of 10th Avenue North would prevent the extension of Fernbrook Lane, he would be in favor of it. Mr. Hartman stated that he was happy with the alternative proposed plan discussed by Mr. Sathre for Carlson Real Estate Company and said that the extension of Fernbrook Lane would not be necessary if this plan is approved. He said that he prefers to live without the Fernbrook Lane connection and that any danger from lack of emergency access is unlikely. Chairman Plufka introduced Mr. David Miller of 925 Kingsview Lane. Mr. Miller stated that he is against the connection of 10th Avenue North. He said he was concerned about the safety issue and wanted to see the integrity of the neighborhood preserved. Chairman Plufka introduced Mr. Craig Rodamaker of 613 Kingsview Lane. Planning Commission Minutes June 12, 1991 Page 110 Mr. Rodamaker stated that he was against the connection of 10th Avenue North and said he could see no sense in a road which was so close to the Luce Line Trail. Chairman Plufka introduced Mr. Richard Schmidt of 14310- 13th Avenue North. Mr. Schmidt stated he was against the connection of Fernbrook Lane across the Luce Line Trail because of the concern for the safety of the neighborhood resulting from increased traffic. He said that he favored the alternate plan proposed by the Carlson Real Estate Company, and that the lower density of this development would not need the Fernbrook Lane connection. Chairman Plufka introduced Mr. Kurt Schwarz of 925 Ithaca Lane. Mr. Schwarz voiced his objection to the connection of 10th Avenue North. Chairman Plufka introduced Ms. Alice Williams of 14325- 12th Avenue North. Ms. Williams stated that there are 3 neighborhoods that are currently happy with the way the streets are. Chairman Plufka introduced Mr. Jeremy Wilson -Dando of 14400 -4th Avenue North. Mr. Wilson -Dando stated that he represented the Harbor Place Homeowner's Association and they oppose the connection of Fernbrook Lane and 10th Avenue North. He said that he favors the alternate proposal by Carlson Real Estate Company, and the reduced density of this project eliminates the need for any street connections in the area. He presented a petition dated May 14, 1991 in opposition to the connection of 10th Avenue North. Chairman Plufka introduced Mr. Harold Bakke of 815 Kingsview Lane. Mr. Bakke stated he opposed the connection of 10th Avenue North. He said that the School Board had asked for the connection in approximately 1961 and it was denied. Chairman Plufka introduced Mr. Robert C. Anderson of 604 Kingsview Lane North. Mr. Anderson stated that another street parallel to the Luce Line Trail was unnecessary and would destroy many nice trees. Planning Commission Minutes June 12, 1991 Page 111 Chairman Plufka introduced Mr. Skip Rosen of 425 Harbor Lane. Mr. Rosen stated that he opposed the connection of 10th Avenue North. He said that he did not object to the Fernbrook Lane crossing the Luce Line Trail as long as the traffic did not come down Harbor Lane. Chairman Plufka closed the Public Hearing. Commissioner Stulberg stated that memorandums from the Fire Chief and Fire Inspector relay the message that the connection of Fernbrook Lane is needed for emergency access into the area. MOTION by Commissioner Stulberg, seconded by Chairman Plufka to reconsider the guiding of the Carlson Real Estate parcel. Roll Call Vote. 7 Ayes. MOTION carried. Substitute MOTION by Commissioner Stulberg, seconded by Chairman Plufka to recommend reguiding the areas in the Carlson Real Estate parcel as follows: reguide the center of the parcel to LA -2; reguide west side of the parcel to LA -1; and leave the east portion of the parcel as LA -4, dependent on a plan from Carlson Real Estate Company to be submitted and approved by the Planning Commission and City Council. Roll Call Vote. 7 Ayes. MOTION carried. MOTION by Commissioner Stulberg, seconded by Commissioner Wigley to recommend that the Minor Collector classification for Fernbrook Lane be deleted; that there be no connection of 10th Avenue North; and, that the connection of Fernbrook Lane across the Luce Line be deleted; contingent on the approval of the alternate proposal to be forthcoming to the Planning Commission and City Council by Carlson Real Estate Company. Commissioner Beckers stated that he supports the proposal to not connect 10th Avenue North, but he said that an emergency in the future could impact the need for that connection and the City could be exposed to liability for not providing adequate secondary access. Roll Call Vote. 7 Ayes. MOTION carried. Commissioner Wigley recommended that 10th Avenue North be eliminated as a paper street on the Thoroughfare Guide Plan. r' MOTION TO RECONSIDER VOTE - MOTION CARRIED SUBSTITUTE MOTION TO APPROVE VOTE - MOTION CARRIED MOTION TO APPROVE VOTE - MOTION CARRIED Planning Commission Minutes June 12, 1991 Page 112 Director Tremere stated that the process necessary to do this was for the abutting property owners to petition the City for the vacation of this property. Chairmk Plufka introduced the request by the City of ZONING ORDINANCE Plymout regarding the Zoning Ordinance Amendment for AMENDMENT REGARDING retail us as a conditional use in the I -1 District. RETAIL USE IN I -1 DISTRICT Chairman Plufkaened and closed the Public Hearing as there was no one Kesent to speak on the issue. MOTION by Chairman Plufka, seconded by Commissioner Stulberg to defer this Xem. Roll Call Vote. 1 Ayes. %,,TION carried. Chairman Plufka introduced t % an uest by the City of Plymouth to consider the revi membership terms for the Board of Zoning Adjustmentppeals. Chairman Plufka opened and closed th Public Hearing as there was no one present to speak on the ssue. MOTION by Chairman Plufka, seconded by Commi Toner Wigley to recommend approval of the Zoning Ordinan Amendment regarding the revision of membership terms for he Board of Zoning Adjustments and Appeals. Roll Call Vote. 7 Ayes. MOTION carried. Meeting Adjourned at 1:35 p.m. MOTION TO DEFER VOTE - MOTION CARRIED ZONING ORDINANCE AMENDMENT REGARDING BOZA TERMS MOTION TO APPROVE VOTE - MOTION CARRIED Regular Council Meeting July 1, 1991 Page 12 deleted and referred to correspondence from and the staff reports. public Safety personnel, MOTION was made by Councilmember Vasiliou, e SoT,UTTON 91 -366 APPROVING LAND USE seconded by Councilmember Ricker, to adopt GUIDE RESOLUTION No. OFGPLYMOIITS. MENTFOR THE PLAN FOR THE CITY CITY OF PLYMOUTH Item 8 -J MOTION was made by Councilmember Vasiliou, to adopt RaentnTT[N 91 -367 APPROVING LAND USE seconded by Councilmember Ricker, 91-367 APPROVING LAM SIDE t GUIDE PLAN RESOLUTION NO. PLAN AMENDMENT OR THE CITY MEMENT FOR THE CITY OF PLYMOUTH Item 8 -J MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to deny the request to amend the Transportation Element of ` the Comprehensive Plan regarding a MinorCollectorParalleltoInterstate494from County road 6 to Gleason Lake Drive. Councilmember Vasiliou stated that there may not be an immediate need for the minor collector, but it is not prudent for the City to delete it from the Transportation Element. Director Tremere recommended that the•motion to deny be withdrawn since the City isi the petitioner. If uitlisaethensnooaction isTransportationPlanas necessary. Councilmembers Vasiliou and Ricker withdrew the motion regarding the Transportation Element. Dan Haugen, 515 Harbor Lane, stated that problems of speeding and additional traffic have increased since the road was reconstructed and widened. He suggested that the speed limit of 30 mph be reduced or that "Children at Play" signs be erected along this section of roadway. Public works Director Moore stated that the 30 mph speed limit is established by state la • Children at Play signs are because motorists should always expect to look Regular Council Meeting July 1, 1991 Page 13 for children in residential areas. The signs are only used for unusual conditions such as near a playground or school. Councilmember Vasiliou suggested that the public thisareapnooting, conduct radar in are this area residents. Jeremy Wilson- Danido, 14400 4th Avenue North, represented Harbor Place Homeowners Association. He stated the Association supports a plan that has a low environmental impact, will not cross the Luce Line, and will not require removal of the natural berm between Harbor Place and I -494. Roy Obermiller, 920 Kingsview Lane North, asked if the extension of 10th Avenue North was deleted from consideration. He stated the area residents would like this street right -of -way vacated. Manager Willis responded that it is not contemplated in the matter now before the Council, but the right -of -way is platted. He explained the procedure for petitioning for vacation of the street. Alice Williams, 14325 12th Avenue North, stated that many people use Fernbrook Lane to access the Luce Line. She believes there would be a more hazardous situation with the road, than without it. Dave Blish, 510 Glacier Lane, stated he does not want to lose the natural buffer behind his home, and expressed concern about the location of proposed Fernbrook Lane. He noted thathif ae road is constructed, his property major street on the front and back sides. Rick Sathre, Sathre Bergquist,Architects, and Kathryn Bent, Carlson Companies Real astate Company, were present to answer questions regarding the proposed Carlson development plan. Motion to adopt Resolution No. 91 -366 carried on a roll call vote, five ayes. f Vote on Resolution No. 91- 366 and 91 -367 Regular Council Meeting July 1, 1991 Page 14 Motion to adopt Resolution No. 91 -367 carried on a roll call vote, five ayes. Councilmember Vasiliou stated that a homeowner in Release of Site th \ 9are ton development has indicated some Improvement ow confused about what the development Performance for bos and what the homeowner's association Agreement ( 83054) wisponsible for when the developer is Item 8 -X -1 go stated the items remaining in the det bond appear to be unrelated to homeowner Voncerns. She questio \ that ther it is reasonable to allow the developaintain the existing curbcuts for the posenefit of a future owner of the property. gested that if the developer is allowed to the curbcuts, money be provided to rebuild so that for itfutThis oise the otype not be obli pay of improvemat homeowner association should not t t ay after the original developer hed th financial interest in the development John Healey, Assistant Vi a President of Healey Ramme Company, represent- the developer. He explained that the existing curbcuts may be a benefit to a future owner de nding on the layout of the site. He stated that a homeowners association would be not be re onsible for rebuilding the curb. Attorney Thomson stated that the 'ty could place this as a condition on any new dev opment proposal for the site. Director Tremere stated that the use the site is multiple family housing. Any propo 1 for development of the remaining land would •quire site plan approval which would include a ublic hearing. Councilmember Vasiliou stated she will supp the resolution for release of the site improvement performance agreement for TimbeN-- with the understanding that the Timberton Homeowners Association will not be responsie for replacement of curb in the area subject to future development. CITY OF PLYMOUTH PLANNING COMMISSION MINUTES October 9, 1991 The Regular Meeting of the City of Plymouth Planni Commission was called to order at 7:00 p.m. / MEMBERS PRESENT: Acting Chairman Michael Stulb g, Scott Syverson, Dennis Zylla, d Michael Wigley, and Barb Stims (arrived at 7:09 p.m.). MEMBERS ABSENT: STAFF PRESENT: Coordinator ' Charles Dillerud, City Engineer,. Dan Faulkner, and Sr. ClerVTypist Denise Hutt MINUTES Motion by , 06mmissioner Zylla, second by Commissioner Syverson to approve the Planning Commission Minutes of September 25, 1991. Vote. 3 Ayes. MOTION carried on a 3 -0 -1 Vote. j Commissioner Wigley abstained. Acting Chairman Stulberg introduced the request by Carlson Real Estate Company for a Preliminary Plat and General Development Plan for a 30 lot and l outlot conventional residential subdivision; Rezoning of a portion of the site from the FRD (Future Restricted Development) District to R -2 (Low Density Multiple Residence) and to R -4 (High Density Multiple Residence) District; and from R -1A (Low Density Single Family Residential) District to R -2 (Low Density Multiple Residence) District; and, Variances from the Subdivision Ordinance for lot width at the rear lot line and minimum lot width at the building setback line located at the northwest corner of Carlson Parkway and I- 494. Coordinator Dillerud reviewed the September 26, 1991 Staff Report. Commissioner Zylla asked who the owner of Outlot A would be. Coordinator Dillerud responded that he did not know who the owner of Outlot A would be, but stated that the Park and Recreation Director prefers the City not be. MOTION TO APPROVE VOTE - MOTION CARRIED CARLSON REAL ESTATE 90093) Planning Commission Minuter, October 9, 1991 Page 180 Commissioner Stulberg asked whether the proposed zoning followed the Land Use Guide Plan. Coordinator Dillerud stated that it is consistent with the reguiding that the City Council recently approved for this area. Acting Chairman Stulberg introduced Rick Sathre representing the petitioner. Mr. Sathre stated that the proposed development is consistent with the Comprehensive Plan, and the only issue remaining is if Fernbrook Lane is to be extended across the Luce Line Trail. Mr. Sathre stated that the petitioner would rather Fernbrook Lane not be extended. Mr. Sathre stated Outlot A is about 10 acres, but Carlson Real Estate has not yet found a nonprofit or public owner for that land. He also stated that the petitioner plans to give it to a nonprofit organization, and they have no intent to develop the Outlot.. Acting Chairman Stulberg opened the Public Hearing. Acting Chairman Stulberg introduced Jeremy Wilson -Dando of 14400 4th Avenue North. Mr. Wilson -Dando stated he resides south of the Harbor Woods development, and felt he would be affected by the proposed development and Fernbrook Lane. Mr. Wilson -Dando stated he is opposed to Fernbrook Lane crossing the Luce Line Corridor, as it would affect the trail users (bikers, joggers, walkers). Mr. Wilson -Dando stated he felt there would be increased noise, and personal injury risk because of higher traffic if Fernbrook were to go through. Mr. Wilson -Dando also stated that the crossing of Luce Line would only reduce response time for emergency vehicles a small amount. Acting Chairman Stulberg introduced Ken Gardner of 1240 Harbor Lane North. Mr. Gardner stated he is opposed to Fernbrook Lane going through, and commended the Commissioners for recommending that previously to the City Council. Acting Chairman Stulberg introduced Bob Gersbach of 10211 Cedar Lake #202. Mr. Gersbach stated he owns 2 acres of land south of the proposed project. Mr. Gersbach stated that the ponding area east of his parcel has been used as a drainage pond from Harbor Place, and the water level has been so high that trees have been under water. Mr. Gersbach asked Planning Commission Minutec October 9, 1991 Page 181 whether Hans Hagen was responsible for constructing a holding pond. Mr. Gersbach also asked whether the developer will be improving or extending Harbor Lane north to the Luce Line. City Engineer Faulkner stated that Harbor Lane is to be improved to the north end of the proposed platted property. Mr. Gersbach asked what the setbacks are on the east part of the project; value of homes proposed; and, what the proposed lot sizes are. Coordinator Dillerud responded that the front setbacks are 35 feet, and the rear yard setbacks are 25 feet. Coordinator Dillerud stated that the lot sizes range from 15,000 square feet to 35,000 square feet. Acting Chairman Stulberg asked if Hans Hagen is working on the ponding area. City Engineer Faulkner replied that Mr. Hagen has not yet fulfilled his obligations, but that the City will continue to monitor the progress. Acting Chairman Stulberg introduced John Grams of 1230 Harbor Lane North. Mr. Grams stated he is opposed to Fernbrook Lane crossing the Luce Line Trail. Mr. Grams stated that he felt it would be a potential traffic hazard and risk to pedestrians. Acting Chairman Stulberg introduced Susan Green of 700 Harbor Lane North. Ms. Green stated she is opposed to access across the Luce Line. Ms. Green asked how Outlot A size was determined, and will the outlot be rezoned in the future. Ms. Green also stated she was concerned with what will happen with the wildlife in the area. Acting Chairman Stulberg stated there would be a covenant on Outlot A so that it can not be rezoned or developed. Acting Chairman Stulberg introduced Jim Hartmann of 1140 Harbor Lane North. Mr. Hartmann stated he is concerned about Fernbrook Lane crossing the Luce Line. I Acting Chairman Stulberg introduced David Leschak of 14385 4th Avenue North. Planning Commission Minute. October 9, 1991 Page 182 Mr. Leschak stated he would like to see a temporary emergency access road north of the proposed project instead of Fernbrook Lane crossing the Luce Line. Acting Chairman Stulberg introduced Steve Offerman of 1135 Fernbrook Lane North. Mr. Offerman stated he is opposed to the completion of Fernbrook Lane across the Luce Line, and felt increased traffic would be a risk. Acting Chairman Stulberg introduced John Richter of 1205 Fernbrook Lane North. Mr. Richter asked if there would be a Public Hearing if they proposed Fernbrook Lane to go across the Luce Line. cting Chairman Stulberg stated there will be public meetings to discuss the project, but no formal public hearings are required. Acting Chairman Stulberg introduced Terry Rosen of 425 Harbor Lane North. Ms. Rosen stated she was concerned with the health and safety of the neighborhood if Fernbrook Lane is extended across the Luce Line. Acting Chairman Stulberg introduced Richard Schmidt of 14310 13th Avenue North. Mr. Schmidt stated he does not want Fernbrook Lane to go across the Luce Line, and that traffic is already heavy enough in that area. Acting Chairman Stulberg introduced Alice Williams of 14325 12th Avenue North. Ms. Williams stated she also does not want to see Fernbrook Lane go across the Luce Line. Ms. Williams stated that the City would be trading one hazard for another. Ms. Williams asked why fire safety concerns are greater than traffic safety concerns. Mr. Gardner questioned whether the concerns of the residents attending the meeting are brought to the City Council's attention. Acting Chairman Stulberg stated that the minutes of this meeting go to the City Council. Mr. Sathre responded to several questions that were raised. Mr. Sathre stated that Outlot A area is 432,000 square feet; almost 10 acres, and has great diversity. Planning Commission Minute, - October 9, 1991 Page 183 Mr. Sathre stated that some wildlife may be displaced, but most will stay. Mr. Sathre stated that home values will range from $130,000 and up, which are comparable to other homes in the surrounding area. Acting Chairman Stulberg closed the Public Hearing. Commissioner Wigley asked City Engineer Faulkner about looking at an emergency access along the Luce Line. City Engineer Faulkner stated that a collector street needs to go through, as he recommends. MOTION by Commissioner Wigley, seconded by Commissioner Stimson to recommend approval for a Preliminary Plat and General Development Plan for a 30 lot and 1 outlot conventional residential subdivision; and Variances from the Subdivision Ordinance for rear yard width at the lot line, and minimum lot width at the building setback line, subject to the conditions listed in the September 26, 1991 staff report. MOTION by Commissioner Wigley, seconded by Commissioner Stimson to add a Condition #11 to provide emergency access across the Luce Line trail. / Roll Call Vote. 5 Ayes. MOTION to Amend carried on a 5 -0 Vote. MOTION by Commissioner Zylla, seconded by Commissioner Wigley to amend Condition #10 to state "The Final Plat shall include a perpetual conservation easement /covenant for Outlot A and for ownership and responsibility for Outlot A acceptable to the City ". Roll Call Vote. 5 Ayes. MOTION to Amend carried on a 5 -0 Vote. MOTION by Commissioner Zylla, seconded by Commissioner Wigley to amend Condition #4 to recommend a waiver of the payment of park dedication fees -in -lieu because of the conservation easement in Outlot A. Acting Chairman Stulberg stated that they should not do this as an amendment to a condition and should not interfere with park dedication fees. Commissioner Zylla stated this is a fairness issue because of the dedication of Outlot A, and he does not want a financial burden placed on the developer. Acting Chairman Stulberg stated the petitioner may request a waiver at the City Council meeting. MOTION TO APPROVE MOTION TO AMEND VOTE - MOTION CARRIED MOTION TO AMEND VOTE- MOTION CARRIED MOTION TO AMEND Planning Commission Minuteq- October 9, 1991 Page 184 Roll Call Vote. 2 Ayes. (Commissioners Syverson, Wigley and Stulberg voted Nay) Motion failed on a 2 -3 Vote. Roll Call Vote on main motion. 5 Ayes. MOTION carried on a 5 -0 Vote. MOTION by Commissioner Wigley, seconded by Acting Chairman Stulberg to recommend approval of the Rezoning of a portion of the site from the FRO (Future Restricted Development) District to R -2 (Low Density Multiple Residence) and to R -4 (High Density Multiple Residence) District; and from R -1A (Low Density Single Family Residential) District to R -2 (Low Density Multiple Residence) District, and the resolution Setting conditions to be met prior to the publication of. the ordinance rezoning land. Roll Call Vote. 5 Ayes. MOTION carried on a 5 -0 Vote. MOTION by Commissioner Zylla, seconded by Commissioner Syverson to recommend 4th Avenue be vacated relative to the road easement, not the utility easement; and that the roadway be removed and returned to a pre- roadway condition subject to the preservation of the trail easement to Outlot A. Roll Call Vote. 5 Ayes. MOTION carried on a 5 -0 Vote. MOTION by Commissioner Zylla, seconded Commissioner Wigley to recommend that the Prelminary Plat and Final Plat be amended to show a permanent cul -de -sac at Fernbrook and the Luce Line Trail, and that Harbor Lane / Fernbrook be removed as collector streets as part of the Thoroughfare Guide Plan. VOTE - MOTION FAILED VOTE - MOTION CARRIED MOTION TO APPROVE VOTE - MOTION CARRIED RECOMMENDATION TO CITY COUNCIL VOTE - MOTION CARRIED RECOMMENDATION TO CITY COUNCIL Roll Call Vote. 5 Ayes. MOTION carried on a 5 -0 Vote. VOTE - MOTION CARRIED I-Acting Chairman Stulberg introduced the request by Richard RICHARD KOEPP (91017) Koep`p-r a Site Plan and Conditional Use Permit for U- Haul Rentai-,_and outside storage of rental trailers and trucks located--a"605 36th Avenue North. Acting Chairman Stulberglaiyed the overview of September 26, 1991 staff report. Coordinator Dillerud stated that the pe£ttf ner has been in violation at this location for a number years. Coordinator Dillerud stated that the use itse if properly controlled, is responsive to the Conditional Us Permit standards, but suggested to the Commission that there should be some screening of this use. Acting Chairman Stulberg introduced Rick Koepp and Bud Koepp representing the petitioner. Regular Council Mee" ng November 4, 1991 Page 431 MOTION was made by Councilmember Ricker, se naea by Councilmember Helliwell, to defer the assessments for Northwest Trunk Sanitary war, rovide Project 014, until December 2 in order t P time for the Special Assessment Committ to consider how to ease the assessment on for single family properties. Motion carried, three ayes. Mayor Bergman opened an assessor hearing at 7:50 p.m. on County Road 9/101 T Watermain Project 012. Bill LaTour stated he has the ame comments to this proposed assessment as made relative to Project 012. Mayor Bergman closed the wring at 7:59 p.m. MOTION was made by Coun lmember Ricker, seconded by Councilmember Helli 11, to defer the assessments for County oad 9/101 Trunk Watermain, Project 01 , until December 2 in order to provide time for a Special Assessment Committee to consid how ase the assessment burden for single ly properties. Mayor Bergman op ed an assessment hearing on the 1991 Street Rec struction Program, Phase I, Project 102, a 8:00 p.m. No one appeared and the hearing w closed at 8:00 p.m. Assessment Hearing Project 012 Item 8 -A -3 MOTION was / AD e by Councilmember Ricker, seconded s'SOLOTTON 91-688 by Council er Helliwell, to adopt RESOLOT2102, A.SSESSMENTS, N0. 91 -688 PTING ASSESSMENTS, PROJECT NO. PROJECT N0. 102 NSTRUCTION 1991STF ILY%RECONSTROCTION ONLAYM. PEE , Item 8 -A -4 Mot 8: ied on a roll call vote, three ayes. imember vasiliou arrived at the meeting at Community Development Director Dillerud stated Carlson Real the Planning Commission recommended approval of Estate Company - the Preliminary plat/General f evelopmenny Plan I90093) Carlson Real Estate Company P P Regular Council Me ing November 41 1991 Page 432 in the northwest quadrant of Carlson Parkway and I -494. The Commission found that the design is responsive to the previously approved Land Use Guide Plan Amendments for the site. The remaining issue relates to the collector street designation between County road 6 and Carlson Parkway. At the public hearing, residents requested that the collector street be eliminated. The developer indicated their preference to have a permanent cul -de -sac at the Luce Line, but they Mould provide the through street consistent with the Thoroughfare Guide Plan. The Planning Commission recommended that a temporary cul -de- sac be included in the plan and that emergency access be made across the Luce Line Trail. They also recommended that the Council consider the Thoroughfare Guide Plan to determine whether it should be amended to remove the collector street status of Fernbrook /Harbor Lane from County Road 6 to Gleason Lake Drive. This would be a separate action. Councilmember Vasiliou stated that she understands, through discussions with residents, that the Public Safety Department has no problems with the poles across the emergency access which can be opened by public safety personnel. Rick Sathre, Sathre- Bergquist Inc.; Kathryn Benz, Carlson Real Estate Company; and Terry Forbord, Lundgren Bros. Construction were present. Mr. Sathre stated that Carlson Real Estate and Lundgren Bros. Construction have entered into a joint agreement for development of this property. He requested that the Council not require a through collector street, but state they will abide with the Council's decision. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91 -689 APPROVING PRELIMINARY PLAT, GENERAL DEVELOPMENT PLAN, AND VARIANCES 9'OR CARLSON REAL ESTATE COMPANY FOR HARBOR WOODS 90093), including the provisions for emergency access across the Luce Line Trail and for the conservation easement and ownership of Outlot A, as indicated in the draft resolution. GENERAL DEVELOPMENT PLAN AND VARIANCES FOR HARBOR WOODS 90093) Item 9 -A Regular Council Mee +-ing November 4, 1991 Page 433 Bob Gersbach, 702 Harbor Lane, stated that he was previously required to provide easements for ponding and asked that these be vacated. Engineer Faulkner stated that when storm sewer becomes available, there will be a new high water level established based on the storm sewer system. The City would be willing to vacate the ponding easement after the future storm sewer is installed. Mr. Gersbach stated he would like something specific in the Engineer's Memorandum regarding responsibility for the costs of sewer and water service, i.e. that the going lineal foot rate for sewer and water will prevail. Manager Willis stated the reference is only for service from the lateral main to his property and the cost will be based on the actual cost of construction. Councilmember Vasiliou stated the Planning Commission had recommended waiver of payment of park dedication fees for the outlot. She asked whether the Council should waive those fees. Manager Willis stated the dedication of the conservation easement affords the property owner a tax advantage. it is not being dedicated for public park purposes; it is for the interest of the developer. Rick Sathre stated this recommendation is based on the Planning Commission interest to encourage open space preservation.- Councilmember Vasiliou concurred that natural conservation areas are positive and should be encouraged. Homeowner associations do not want active area outlots that have to be maintained and require additional liability coverage. Ken Gardner, 1240 Harbor Lane, stated many residents from both sides of Fernbrook Lane objected to the through street. He encouraged the Council to approve a permanent cul -de -sac. Regular Council Mea =ng November 4, 1991 Page 434 Jim Hartmann, 1140 harbor Lane, stated there is no compelling reason to require a through street. An emergency access will be available to address public safety concerns. A through street Mould be a safety problem in the neighborhood due to addition traffic. Motion carried on-a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, ORDINANCE 91 -35 seconded by Councilmember Ricker, to adopt REZONING PROPERTY ORDINANCE NO. 91 -35 AMENDING THE ZONING ORDINANCE FOR CARLSON REAL TO CLASSIFY CERTAIN LANDS LOCATED EAST OF HARBOR ESTATE COMPANY LANE AND SOUTH OF THE LUCE LINE TRAIL AS R -2 (LOW HARBOR WOODS DENSITY MULTIPLE RESIDENCE) DISTRICT, AND R -4 Item 9 -A HIGH DENSITY MULTIPLE RESIDENCE) DISTRICT 90093) . Motion carried on a roll call vote, four ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -690 seconded by Councilmember Ricker, to adopt SETTING CONDITIONS RESOLUTION NO. 91 -690 SETTING CONDITIONS TO BE TO BE MET PRIOR TO MET PRIOR TO PUBLICATION OF ORDINANCE REZONING PUBLICATION LAND LOCATED EAST OF HARBOR LANE AND SOUTH OF THE Item 9 -A LUCE LINE TRAIL (90093). Motion carried on a roll call vote, four ayes. MOTION wby Councilmember Ricker, seconded by Counr Helliwell, to adopt RESOLUTION NO. 91 -OVING AMENDED MIXED USE PLANNED UNIT DERELIMINARY PLAN AND CONDITIONAL USE PER STATION /CONVENIENCE STORE /CA FINAL SITE PLAN; AND A CONDITIPERMI OR A GAS STATION FOR ROCKFORLAZA (91 Motion carried on a roll four ayes. MOTION was made by Councilmember cker, seconded by Councilmember Helliwell, to adop SOLUTION NO. 91 -692 APPROVING CONDITIONAL USE i .FOR A CAR WASH LOCATED IN ROCKFORD ROAD PLAZA 074). Motion carried on a roll call vote, four ayes: RESOLUTION 91 -691 APPROVING AMENDED MPUD AND CUP FOR RYAN CONSTRUCTION COMPANY AT ROCKFORD ROAD PLAZA (91074) Item 9 -B RESOLUTION 91 -692 APPROVING CUP FOR A CAR WASH IN ROCKFORD ROAD PLAZA (91074) Item 9 -B t ye J3 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: May 15, 1992 COMMISSION MEETING DATE: June 3, 1992 FILE NO.: 91098 PETITIONER: Werneke Company REQUEST: Site Plan Amendment and Conditional Use Permit for outside storage LOCATION: 15500 28th Avenue North GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I -1 (Planned Industrial District) BACKGROUND: On June 3, 1985, the City Council, by Resolution 85 -339 approved a Site Plan for a 32,116 square foot building at this site. This approval also included a deferral of 44 parking spaces and the requirement that no outside storage be allowed at 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. The applicant proposes to construct a 28 foot by 17 foot 8" outside storage area enclosed by an 8 foot screening fence. This outside storage will be used for the storage of empty clean containers. 2. Outside storage in the I -1 (Planned Industrial District) is allowed only with the approval of a Conditional Use Permit consistent with the provisions of Section 8, Subdivision D, Paragraph 2 of the Plymouth Zoning Ordinance. Section 10, Subdivision C, Paragraph 4b of the Zoning Ordinance provides that any outdoor storage shall be located and screened per plans approved by the City so as not to be visible from any classes of residence district, from adjoining property, or from the public street. Screening of outdoor storage from adjoining property and from public streets in the Industrial District may be waived totally or partially by the City Council in conjunction with the Conditional Use Permit for outside storage. 3. Any Conditional Use Permit must be responsive to the six specific conditional use standards found in the Zoning Ordinance. A copy of which is attached. We have also attached a copy of the petitioner's narrative. 4 7 4. The products to be stored outside include containers which have been cleaned and purged of all vapors and other chemicals. PLANNING STAFF COMMENTS: 1. The proposed Conditional Use Permit Site Plan Amendment for outside storage complies with the six Conditional Use Permit Standards of the Zoning Ordinance Standards. 2. The staff finds that the Site Plan Amendment meets all the criteria set forth in the Zoning Ordinance regarding Site Plans for industrial sites. RECOMMENDATION: I recommend adoption of the attached resolution providing for the approval of the Conditional Use Permit and Site Plan Amendment to allow for outside storage. Submitted by: arles E. Dillerud, Z8lemunity Development Director ATTACHMENTS: 1. Resolution Approving Conditional Use Permit and Site Plan Amendment 2. Conditional Use Permit Standards 3. Petitioner's Narrative 4. Location Map 5. Site Graphics pc /jk/91098) 0 APPROVING CONDITIONAL USE PERMIT AND SITE PLAN AMENDMENT FOR WERNEKE COMPANY 92098) WHEREAS, Werneke Company has requested approval for a Conditional Use Permit and Site Plan Amendment for outside storage for property located 15500 28th 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 Werneke Company for a Conditional Use Permit and Site Plan Amendment for outside storage for property located 11500 28th Avenue North, subject to the following conditions: 1. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 2. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 3. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 4. This permit is subject to applicable codes, regulations, and ordinances, and violation thereof shall be grounds for revocation. 5. This site shall be maintained in a sanitary manner. 6. Approved outside storage area is a 28 foot by 17 foot 8" area screened by an 8 foot vertical board -on -board fence. 7. Only empty, cleaned and gas free metal containers may be stored in this area. 8. No stored containers shall be visible above the screen fence. res /pc/91098) FROM S=ON 9, S[MDIVISIM A 2. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Cammission for purposes of evaluation against the standards of this section, Public Hearing, and development of a recamrendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or ccmfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. fozms:o >pl /cup.stnd /s) 10/89 PHONE: 612/559.5911 I 0 ' O FAX: 12/ 559 -5FAX: 612/559 -5545 LOUIS O. WERNEKE COMPANY 15500 28th Avenue North, Plymout! ,.,"I)n_ sota,5544 ; Li April 21, 1992 Charles E. Dillerod Community Development City of Plymouth 2300 Plymouth Boulevard Plymouth, Minnesota 55447 pca 9,> 1992 CITY 01' F L` MOUTH COMMUNITY DEVELOPMENT DEPT. Subject: Application for site plan ammendment and conditional use permit. (91098) Dear Mr. Dillerod: Enclosed please find our revised plan for use on our application 91098. This plan reflects our changes discussed during our phone conversation during the second week in January 1992. Per our conversation we have made the decision to store only empty clean containers outside in a fenced in area to be the same size as our original plan submitted. The size was kept the same to utilize our original permit and site plan. The reason for reconsidering our original plan was simply economical. We could not afford at this time to comply with Item 8 of your letter dated October 30, 1991. After reviewing the questions from your October 30, 1991 letter, it appears that none of these questions pertain to our new proposal. I have also enclosed a revised plan zoning application form to reflect the changes we are proposing. If any additional information is necessary, please call (559 - 5911). We look forward to your reply. Sincerely, Michael Buystedt Vice President of Research and Development LOUIS 0. WERNEKE COMPANY, INC. MB:ss INNOVATORS AND MANUFACTURERS OF FINE PRINTING INKS D,a v 1IKA1II.: i 1 I vI:w: J4; 4 m bmj ...mew NONNI N v N O x o Lob J. o s a v Do Z tj o 3v a i s J 1 i\ t VII II i I 0 1 b b th 0 N 0 x n 0 ii i 00 tj o 3v a i s J 1 i\ t VII II i I 0 1 b b th 0 N 0 x n 0 ii 47 / f) 9V V JOHNSON CONSTRUCTION AND DEVE, f Purch Mork in mon6le cover ftposed ft"e iUMAV C4§&7Wnt Overhang N i L rt C.Sty ty's-4w ry Conc. abck Conc. Slob MSP ftwer Box Conc WA i II ® ®II I and r 28 T14 Ilia gi11LM N@9•4#'47*W 1 86189 curb and :w e, JqVG14uc NORTH andArofnege , 4rasemon., and Bulhr FAC PoJta ENCI-OSUCE sluminous A-w Ic 0I!I.0V OspHkler c. kb/k I. o A;, Cokch b, 0291 I ICI i L rt C.Sty ty's-4w ry Conc. abck Conc. Slob MSP ftwer Box Conc WA i II ® ®II I and r 28 T14 Ilia gi11LM N@9•4#'47*W 1 86189 curb and :we, JqVG14uc NORTH andArofnege , 4rasemon., and Bulhr FAC PoJta ENCI-OSUCE sluminous A-w Ic 0I!I.0V OspHkler c. kb/k I. o A;, Cokch b, 4,C CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: May 12, 1992 COMMISSION MEETING DATE: June 3, 1992 FILE NO.: 92034 PETITIONER: Graham Land Development Company REQUEST: Planned Unit Development Concept Plan, Preliminary Plan /Plat, Conditional Use Permit and Rezoning from FRD (Future Restricted Development District) to R -3 (Medium Density Multiple Residence) of a 21.81 acre site for a 38 lot single family Residential Planned Unit Development. LOCATION: Northwest of the intersection of Northwest Boulevard and 42nd Place North. GUIDE PLAN CLASS: LA -3 (High Medium Density Residential) ZONING: FRD (Future Restricted Development District) BACKGROUND: There are no previous Community Development activity files for this site. Notice of this Public Hearing has been 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. PRIMARY ISSUES AND ANALYSIS: 1. The Concept Plan proposes 15.69 acres of single family sites (38 total sites) and a 5.3 acre outlot for wetland purposes. An average lot size of 14,310 square feet is proposed, with no lots below 10,000 square feet. The density proposed is 2.21 units per net acre (land above the Ordinary High Water Level- - 17.21 acres). 2. This site is located in the Bassett Creek Storm Water Drainage District; contains storm water holding areas required by the City of Plymouth (pond BC- P14); does not contain Shoreland Management area or land with the Flood Plain Overlay Zoning District; contains wetlands regulated by both state and federal requirements; contains some woodlands of significant stature as defined by the Physical Constraints Analysis; contains some slopes greater than 18 percent; and contains land which has physical constraints to urban development even with public sewers -- primarily the wetlands. 3. Bonus points are assigned as follows: Project Size -- -4 One bonus point is subtracted for every 5 acres of project size under 40 acres. 1 - Density Without Bonus Points Minimum Dwelling Unit Density Maximum # Land Use Guiding Approximate Acreage* Per Net Acre of Units LA -3 17.21 5 87 Density With Bonus Points (4) Maximum Dwelling Unit Density Per Net Maximum # Land Use Guiding Approximate Acreage* Acre (4 Bonus Points) of Units LA -3 17.21 2.8 48 Acreage is net 4.6 acres below the Ordinary High Water Mark. The applicant proposes 38 dwelling units, which is 21 percent under the number of units that may be allowed based on the assignable bonus points. 4. The PUD Plan proposes a dimensional standard varying from the Subdivision Ordinance standard for the length of a cul -de -sac. The Subdivision Ordinance establishes 500 feet as the maximum length of a cul -de -sac. This PUD Plan includes a cul -de -sac length of 1,220 feet (measured from Northwest Boulevard). 5. The PUD Plan proposes detached single family use on a site classified LA -3 on the Land Use Guide Plan Element of the Comprehensive Plan. Conventional zoning of a LA -3 classified site is R -3. Only duplex, townhouse or apartment dwelling unit types are permitted in the R -3 Zoning District - -not single family detached houses. The applicant proposes flexibility through the PUD Conditional Use Permit to allow single family homes on LA -3 property (and R -3 underlying zoning). 6. Since no conventional single family lots are anticipated in the R -3 zone, the Zoning Ordinance specifies no single family dwelling dimensional standards setbacks, lot area, etc.). The applicant's PUD Plan specifies: Minimum Lot Area - 10,000 square feet Minimum Lot Width (at Front Setback) - 80 feet Minimum Front Setback - 30 feet Side Yard Setback 10/6 feet Rear Setback Not Specified The only true Zoning Ordinance R -3 standard that may be applicable is that of 6,000 square feet per dwelling unit for allowable residential uses. 7. Proposed Outlot A is 5.3 acres, of which 4.6 acres is below the Ordinary High Water Level. A portion of the proposed outlot is currently subject to a sanitary sewer easement, and most of the outlot would be also subject to a ponding and drainage easement. The applicant has not specified the intended ownership of Outlot A. This becomes an importantissue since no Homeowner Association is proposed and the City does not take title -- beyond easement rights - -to wetland or storm water drainage areas such as this. 2 - 8. The PUD Plan /Plat suggests extension of Vinewood Lane north to the north property line with the Hennepin Parks trail corridor. Vinewood was similarly extended south from the Curtis Lake plat. By a letter to the applicant of March 27 (attached), Hennepin Parks has, essentially, said that it opposes a public street crossing the 200 foot (north /south) trail corridor between propose "P ymouth Pointe" and the existing Curtis Lake development. An emergency access road ", either on the Vinewood Lane centerline, or elsewhere to the south is suggested by Hennepin Parks. PLANNING STAFF COMMENTS: 1. Concept Plan a. The relationship of the proposal to the surrounding neighborhood. The PUD Concept Plan proposes uses that are consistent with the proposed uses of the surrounding land. The guiding for the property on the north, east and west is LA -2. The guiding on the south is CR -2 (Retail Shopping). The 200 foot wide Hennepin Parks trail corridor provides transition to slightly lower residential density to the north; and, Northwest Boulevard and a similar trail corridor east of Northwest Boulevard provides transition to the east. b. Compliance with the City Ordinances and the Comprehensive Plan. The proposed PUD Concept Plan is consistent with the Comprehensive Plan with respect to land use guiding for High Medium Density Residential uses based on the bonus point assignment to this project. The negative bonus points reduces the allowable density on the site. The proposed single family dwelling use and the proposed dimensional standards are PUD flexibility requests. 2. PUD Preliminary Plan /Plat /Conditional Use Permit a. We find the PUD Preliminary Plan /Plat /Conditional Use Permit to present a positive relationship to the expected land uses in the area and to other provisions of the zoning area except as noted below. b. We find the internal organization of the proposal as submitted is acceptable. Although side yard setbacks of 6 feet and a front setback of 30 foot have not been approved for previous single family Planned Unit Developments, this site is guided LA -3 not LA -1 or LA -2 as are all other recent single family PUD's. The intent of LA -3 guiding is to encourage more dense developments than either LA -1 or LA -2. This proposal generates densities close to the maximum allowed for this site based on bonus point calculations while providing for detached dwelling units. C. We find the Conditional Use Permit application to meet the Conditional Use Permit criteria as established by the Zoning Ordinance (Section 9, Subdivision A). d. Due to pre- existing development and wetlands /topography, excessive cul -de- sac length is unavoidable in the development of this parcel. The effective length of the cul -de -sac can be reduced from over 1,200 feet to approximately 700 feet by access across the Hennepin Parks trail corridor via Vinewood Lane. A complete public street may not be required but a 3 - method of "year round" access should be designed with the Final Plat construction drawings and the short street dedication of Vinewood should be retained on the plat. e. Proposed Outlot A needs a permanent owner other than the City of Plymouth or the tax forfeit process. The applicant must nominate ownership to be approved by the City with the Final Plat. f. Proposed Lot 1, Block 1, and Lot 1, and Lot 4, Block 3 will be exposed to the heavy traffic of Northwest Boulevard without the grade differentials enjoyed by the other two lots backing up to the thoroughfare. The Final Plat should include a developer installed (individual homeowner maintained) screening plan for these lots. RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for a RPUD Concept Plan, RPUD Preliminary Plan /Plat and Conditional accordance with the attached resolution. I also recommend approval ordinance rezoning this site from the FRD Zoning District to R -3 Multiple Reside Submitted by: ATTACHMENTS: the approval of Use Permit in of the proposed Medium Density 1. Draft Resolution Approving RPUD Concept Plan 2. Draft Resolution Approving RPUD Preliminary 3. Draft Resolution Setting Conditions Prior to 4. Ordinance Rezoning Land from FRD to R -2 5. Engineer's Memo 6. PUD Attributes 7. Petitioner's Narrative 8. Location Map 9. Large Plans pc /j k/92034) IKIW Plan /Plat and Conditional Use Permit Publication of Rezoning APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR GRAHAM LAND DEVELOPMENT COMPANY FOR "PLYMOUTH POINTE" LOCATED AT 43RD AVENUE NORTH AND NORTHWEST BOULEVARD (92034) WHEREAS, Graham Land Development Company has requested approval of a Residential Planned Unit Development Concept Plan for the development of approximately 21.81 acres located at 43rd Avenue North and Northwest Boulevard; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Meeting and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve a Residential Planned Unit Development Concept Plan for Graham Land Development Company for the development of approximately 21.81 acres located at 43rd Avenue North and Northwest Boulevard, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. The maximum number of dwelling units approved is 38. 4. Maximum dwelling unit density is 2.21 units per net acre (11.21 net acres), based on LA -3 guiding and -4 bonus points for site area. res /pc/92034) APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND . CONDITIONAL USE PERMIT FOR GRAHAM LAND DEVELOPMENT COMPANY FOR PLYMOUTH POINTE LOCATED AT 43RD AVENUE NORTH AND NORTHWEST BOULEVARD (92034) WHEREAS, Graham Land Development has requested approval for a Residential Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for Plymouth Pointe for property located at 43rd Avenue North and Northwest Boulevard; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Graham Land Development for a Residential Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for Plymouth Pointe for property located at 43rd Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No building permits shall be issued until a contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of final platting. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with the filing of the Final Plat. 8. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. Approved dimensional standards are: a. Minimum side yard setback of 6 feet, but not less than a sum of 16 feet between houses. b. A minimum front lot width of 80 feet. c. A minimum lot size of 10,000 square feet. d. A minimum front yard setback of 30 feet. 10. Private drive access shall be limited to internal public roads and prohibited from Northwest Boulevard. Page Two, File 92034 11. Final Plat mylars shall refer to RPUD 52 -2. 12. Cul -de -sac length of 1,220 feet (measured from Northwest Boulevard) is approved, versus the Subdivision Ordinance standard of 500 feet, based on a Final Plat Plan and construction program for emergency access across the Hennepin Parks trail corridor on the Vinewood Lane alignment. The plans for such access must be submitted with the Final Plat for approval by the City Engineer. 13. The PUD Plan to plat single family dwelling lots in the underlying R -3 Zone is approved based on the dimensional standards approved above. 14. The Final Plat submission must designate an owner for Outlot A, subject to City approval, other than the City of Plymouth. 15. The Final Plat shall include plans for effective screening of Lot 1, Block 1 and Lots 1 and 4, Block 3 from Northwest Boulevard. Screening shall be installed by the developer on all lots prior to issuance of building permits on any of the noted lots. res /pc /92034.rpud) SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR GRAHAM LAND DEVELOPMENT COMPANY LOCATED NORTHWEST OF THE INTERSECTION OF NORTHWEST BOULEVARD AND 42ND PLACE NORTH (92034) WHEREAS, the City Council has approved an Ordinance rezoning certain land located northwest of the intersection of Northwest Boulevard and 42nd Place North from FRD (Future Restricted Development District) District to R -3 Medium Density Multiple Residence) District in conjunction with approval of the Preliminary Plat for Graham Land Development Company; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for Graham Land Development Company to be filed with Hennepin County prior to the publication of said Ordinance. res /pc /92034.rz.sc) CITY OF PLYMOUTH ORDINANCE NO. 92- AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED THE WEST SIDE OF NORTHWEST BOULEVARD AND 43RD AVENUE NORTH AS R -3 (MEDIUM DENSITY MULTIPLE RESIDENCE) (92034) Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by changing the classification on the City of Plymouth Zoning Map from FRD Future Restricted Development) District to R -3 (Medium Density Multiple Residence) District with respect to the hereinafter described property: Insert Legal) Section 2. General Development Plan. This Ordinance authorizes the development of said tracts only in accordance with the Plan approved for the File No. 92034. Section 3. Effective Date. This Ordinance shall take effect upon filing the Final Plat with Hennepin County and upon its passage and publication. Adopted by the City Council ATTEST City Clerk File pc /jk/92034) day of . Mayor DATE: FILE NO.: PETITIONER: PRELIMINARY PLAT: LOCATION: N/A Yes No City of Plymouth E N G I N E E R' S - M E M O to Planning Commission & City Council May 29, 1192 92034 Mr. Tom Graham, Graham Land Development, 10201 Wayzata Blvd., Minneapolis, MN 55343 PLYMOUTH POINTE ADDITION West of Northwest Boulevard, north of 42nd Place in the northeast 1/4 of Section 15. 1. _ _ _1L Have watermain area assessments been levied based on proposed use? 2. _ X Have sanitary sewer area assessments been levied based on proposed use? 3. Will SAC and REC charges will be payable at the time building permits are issued? These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: Watermain area assessments based on 38 units x S790 per unit - 930.020. 5. Other additional assessments estimated: Pending Assessments Project No. 011, watermain lateral 646 feet x 922.50 per foot - S14.535. Street curb and gutter assessments. 646 feet x S92.50 per foot 5,59.755. N/A Yes No 6. _ X Does the preliminary plat comply with standard utility /drainage easements? If "No" is marked, the City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet 6') in width adjoining side and rear lot lines. N/A Yes No 7. _ _ X Are all standard utility easements required for construction provided? The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the preliminary plat construction plans. If "No" is marked, the following shall be included on the final plat: 8. _ _ X Complies with ponding easement requirements? The City requires the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. If "No" is marked, the following easement shall be included on the final plat: Drainage easements for ponding purposes will be required for Pond BC- P13 to an elevation 928.0. 9. X Have all existing unnecessary easements and rights -of -way have been vacated? If "No" is marked it will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. N/A YES NO 10. X Has the Owner's Duplicate Certificate of Title has been submitted to the City with this application? It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easement or vacation of unnecessary easement. 11. _ _ X All necessary permits for this project have been obtained - The developer must comply with the conditions within any permit. If "No" the following permits must be obtained by the developer: X DNR X MnDOT Hennepin County X MPCA X State Health Department 2 - X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers Wetland Conservation Act of 1991 from City x1misial i. N/A Yes No 12. _ X _ Does the preliminary plat conform with the grid system for street names? If "No" is marked, the following changes will be necessary: 13. , _ _ Acceleration /deceleration lanes provided? If "No" is marked, Acceleration /deceleration lanes are required at the intersection of and 14. _ X _ Are all existing street rights -of -way the required width? If "No" is marked, an additional feet of right -of -way will be required on As shown on the preliminary plat. 15. _ X Do the preliminary street and utility plans conform with City standard requiring the developer to construct utilities necessary to serve this plat? If "No" is marked, in accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. N/A Yes No 16. _ , X _ Do preliminary utility and street plans submitted comply with all City requirements? If "No" is marked, the following revisions are required for: Sanitary Sewer Watermain Storm Sewer Street /Concrete Curb & Gutter MM 3 N/A Yes No 17. _ X Do the preliminary construction plans conform to the City's adopted Thoroughfare Guide Plan? If "No" is marked, the following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan: 18. _ X _ Do the preliminary construction plans conform to the City's adopted Thoroughfare Guide Plan? If "No" is marked, the following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan: 19. _ X _ Do the preliminary construction plans conform to the City's adopted Comprehensive Water Distribution Plan? If "No" is marked, the following revisions will be required: N/A Yes No 20. _ X _ Do the preliminary construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan? If "No" is marked, the following revisions will be required: 21. _ X Is it necessary to contact Bob Fasching, the City's public utility foreman, at 550 -7492? If "Yes" is marked 24 hours notice is required in advance of making any proposed utility connections to the City's sanitary sewer and water systems. All water connections shall be via wet tap. 22. X Is it necessary to contact Tom Vetsch, the City's Street Foreman, at 550 -7493 for an excavating permit? If "Yes" is marked 24 hours notice is required before digging within the City right -of -way. 4 - 0 1;0-40-00 _ _ zml I _t_• • 11s _ • • • • _ i • N/A Yes No 23. _ X Do the preliminary construction plans conform to the City's adopted Comprehensive Storm Drainage Plan? If "No" is marked, the following revisions are required: 24. _ X Does the preliminary Grading, Drainage, and Erosion Control Plan comply with the City's erosion control policy? If "No" is marked, the following revisions will be required: 25. _ X _ Minimum basement elevations must be established for the following lots: 26. A. If Vinewood Lane is proposed to be construction from 43rd Avenue north across Hennepin County Parks Trail System to existing Vinewood Lane, a proposed grade shall be shown on the preliminary plat. B. The final grading plan shall clearly indicate how drainage is to be maintained around Lots 19 thru 23, Block 2. C. A usable vehicle access easement shall be provided for cleaning the sediment basin in Lot 24, Block 2. D. The overflow drainage swale between Lots 24 and 25, Block 2 shall be sodded and fenced. Submitted by: q- d,W-Z %.c - Daniel L. Faulkner, P.E. City Engineer 5 - Doc. Format Rev. 2- 11 -92) PLYMOUTH ZONING ORDINANCE P.U.D. CRITERIA The Planning Commission, after holding the public hearing, shall make its recommendations to the City Council for approval; approval with conditions; or denial of the Conditional Use Permit for a P.U.D., preliminary plat and rezoning if considered. The Planning Commission shall forward to the City Council its recommendations based on and including, but not limited to the following: 1) Compatibility with the stated purposes and intent of the Planned Unit Development. 2) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the City's Comprehensive Plan and to other provisions of the Zoning Ordinance. 3) Internal organization and adequacy of various uses or densities; circulation and parking facilities; recreation areas and open spaces. conventions:pl /jk /pud) McCombs Frank Roos Associates, Inc. ZG3y 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone Engineers 612./476 -6010 Planners 612/476 -8532 FAX Surveyors May 11, 1992 Mr. John Keho, City Planner _ ,1 City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SUBJECT: Graham Land Company CUP - PUD Application Request MFRA #9993 Dear Mr. Keho: This letter is written in support of Graham Land Company's request to rezone and plat approximately 21.81 acres for single - family detached residential use. The property is described as indicated in the application and as noted on the Preliminary Plat drawing. The site is contiguous to the north boundary of Rockford Plaza, with vehicular access from Northwest Boulevard County Road 61). The property is an isolated parcel, rectangular in shape, with an east -west dimension of approximately 1,400 feet and a north -south dimension of 650 feet. The east central 5.3 acres consists of a DNR and Army Corps of Engineers regulated wetland. The wetland is generally circular, with a diameter of 530 feet; approximately equal to the north -south dimension of the property. The protected wetland separates the 21 acre land mass into two buildable portions. The eastern portion fronts on County Road 61 while the western portion extends from the pond to Interstate 494 right -of -way. The western buildable portion is a hill of approximately 70 feet in height with slopes toward the wetland in the range of 15 -20%. The entire north boundary abuts Suburban Hennepin County Park land, intended ultimately to accommodate a multi - purpose trail /linear park connecting Fish Lake Regional Park with Clifton French Regional Park and other Regional Park Facilities. Directly east of County Road 61 is a north -south rectangular land parcel, also a part of the Hennepin County Park System. This parcel separates County Road 61 from the southern extremities of the Swan Lake neighborhood. The entire length of the subject property south boundary adjoins Rockford Plaza commercial development, consisting of Target Greatland, Rainbow Foods, a strip shopping center and other commercial uses. The subject site is isolated from other residential properties; it has unique physical features and is contained by roads, county park land, inter- state highway and a community /subregional shopping center. The site's physical features are complex and include a regulated wetland equaling approximately 24 An Equal Opportunity Employer Mr. John Keho May 11, 1992 Page Two percent of the total land mass, 15 -20% slopes and some woodland. These physical site amenities are highly conducive and supportive to residential uses. In fact, the combination of the single access from County Road 61, the future linear county recreation facility, wetland /pond, slopes and the trees are not only highly desirable site amenities, but very supportive to developing a well- defined cluster of single - family detached homesites. The preliminary plat includes 38 residential lots served by a public road intersecting at the most logical point on Northwest Boulevard. The overall density (1.7 units per acre), the land utilization and anticipated traffic generation is considerably less than alternative development scenarios allowed under the provisions of the LA -3 residential guiding (6 to 10 units per acre). City ordinance requires approval of a Conditional Use Permit for development within the R -3 (LA -3) use district. Section 9, Subdivision A of the ordinance identifies six standards to be considered in reviewing an application for a Conditional Use Permit. The following is a response to each of these statements: 1. "Compliance with and affect upon the Comprehensive Plan ". Response: The Comprehensive Plan has guided the subject property for LA -3 residential uses. Detached residential uses are specifically allowed in the LA -3 district. The applicant's proposed plan is consistent with the Comprehensive Plan. The effect of the proposal on surrounding land use, and upon the site's physical features, would be characterized as positive. 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 ". RESPONSE: The general intent of this standard within the context of municipal planning and zoning parlance is to provide a measure of public health, safety, welfare, morals and comfort when considering proposed conditional uses which may not necessarily promote or enhance the goals of a community. In this instance, the Conditional Use request is merely a response to a requirement of the district and the proposed single - family detached housing will not be detrimental or endanger the general public health or welfare of the community. 3. "The Conditional Use will not be injurious to the use or enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood ". Mr. John Keho May 11, 1992 Page Two RESPONSE: It is incomprehensible to imagine that the proposed single - family use would diminish or impair property values within the neighborhood. No substantive evidence exists that would suggest the proposed single - family use of this property would be injurious to the use or enjoyment of other property in the immediate vicinity. In fact, single - family detached housing is considered one of the least intense urban uses and, in this specific instance, the fact that the site is isolated from other uses, is further basis in support for the above statements. 4. "The establishment of the Conditional Use will not impede normal and orderly development and improvement of surrounding property for uses permitted in the district ". RESPONSE: The entire west and south adjoining property has developed to its expected potential with regard to usage and intensity. The east boundary is Northwest Boulevard (County Road 61). East of the county highway and along the entire north boundary is Suburban Hennepin County Regional Park property. The proposed residential development would be supportive and complimentary to the future orderly and normal development of the regional park property. In directions north, northeast and east, beyond the 150 -200 foot regional park corridor, are existing residential developments occupied by single - family home. 5. "Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion on the public streets ". RESPONSE: A single access intersection will be constructed to serve the property from County Road 61. The intersection location will be situated as far north as practical. The intersection will be limited to a "T" geometric design. This is determined to be the appropriate location for ingress and egress. The fact that the property is being developed ;for residential lots suggests that traffic will be substantially lower considering the alternatives for higher density uses allowed under the LA -3 district. 6. "The Conditional Use shall, in all other respects, conform to the applicable regulations of the district in which it is located ". RESPONSE: The regulations of the LA -3 corresponding zoning district do not specify lot area or dimensional requirements for single - family detached uses. The proposed plat includes lots of 14,310 square feet in area on the average and widths of 85 feet and depths of 130 feet, typically. The lots are of sufficient configuration, area and dimension to accommodate good size homes with 3 -car garages. All lots are certainly of sufficient size and proportion considering the physical site constraints and the site's land use context. Mr. John Keho May 11, 1992 Page Four In addition to the Conditional Use request, Graham Land Company is seeking a Planned Unit Residential Development and zoning district change to PUD. Because of the isolated nature of the site from other residential development and because of the site's unique context of commercial uses, the County Park property and I -494, and considering the site's physical characteristics, the Developer /Applicant is pursuing the design and development flexibility provisions of a Planned Unit Development. City ordinance requests the Developer demonstrate that utilization of these PUD benefits, i.e., design and development flexibility will "indeed provide a development which has substantial attributes to enhance the particular area ". It is axiomatic that new, quality residential development enhances the total community. Single - family residential uses generally constituent the largest major land use component in most suburban communities. In the City of Plymouth, single - family detached housing, and in most other metropolitan communities, is unquestionably the preferred housing choice. Owner occupied detached homes have always been a mark of success and personal pride. Proposed single - family homes on this site would perhaps be the most favorable attribute of the proposed Planned Unit Development. The fact that the property adjoins County Park land on its entire north boundary combined with the fact that the center of the property includes a 5.3 acre natural wetland and that the site has interesting topographic character, aesthetics and a small amount of woodland, all contribute to the desirability of the site for single - family residential use. The Developer is convinced that the most substantial attribute of the Planned Unit Development is the use of the property for single - family homes. Other PUD attributes listed in the ordinance deal with: 1. Benefits derived from new technology in building design, construction and land development; 2. High standards of site and building design through use of experienced professionals; 3. More efficient and effective use of streets, utilities and public facilities; 4. More usable and suitable recreational facilities; and 5. A demonstration of affirmative design efforts through the preservation and enhancement of desirable natural site characteristics. RESPONSE: It would be important to suggest that new technology in building design construction or land development will be implemented as a part of this Plan. The facts are, however, that for all practical circumstances, the development of this property, considering the physical site features, would involve accommodating site grade changes through the use of walkout structures, retaining walls and site grades to accommodate safe vehicular access. Mr. John Keho May 11, 1992 Page Five Experienced, trained professionals have been employed by the developer to prepare the plans. In fact, the Developer has considerable experience in this metropolitan market and the City of Plymouth with similar and more complex developments. It can be argued that the single - family detached residential plat is an effective and efficient use of public streets, utilities and facilities. Single - family is the largest category of urban land use in most suburban cities. Single - family developments typically yield high quality and highly demanded home sites. The Applicant is seeking approval of a Planned Unit Development which represents an efficient layout and use of the property. The proposed development has easy access to public streets and utilities. With regard to more usable and suitable recreational facilities that would not otherwise be provided under conventional development; the Developer's positionn is that, with 25% of the site covered by wetland, open space of aesthetic and ecological value does exist. The fact that the entire north boundary is suburban park reserve district, provides additional perpetual open space and recreational opportunities. Each residential lot will have some rear yard open space for private use and recreation. The site's physical features provide intrinsic aesthetic and natural areas for passive human enjoyment. The preservation and enhancement of desirable natural site characteristics is, in part accomplished by prohibiting any physical encroachment into the wetland area and by the utilization of intermediate storm ponds to minimize the effects of surface water runoff entering the central wetland. Any urban use of the property would require site grading. The proposed development has been designed to minimize the extent of grading by maximizing the use of walk -out home structures and retaining walls. In addition, retaining walls are being proposed in the western portion of the site to preserve woodland. The original maximum topographic relief will not be substantially altered. In fact, the high point on the property is 1000 feet; the proposed grading plan reduces this elevation to 990 feet. One detail request of the applicant is a reduction in front and side yard setbacks. Specifically, the front yard reduction request is from 35 feet to 30 foot. This request is intended to gain approximately 20 feet in total distance by combining 5 -foot per row of front yards. The individual 5 -foot reduction may be minimal; however, the accumulated 20 -foot space, as measured from the wetland's edge to the west property line is significant and simplifies site grading and land utilization slopes are more easily engineered. With regard to side yard reductions, current City requirements are 10 feet on each interior side yard. The applicant is requesting 10 feet and 6 feet, with no less than 16 feet between homes. The 10 and 6 -foot side yard setbacks will accommodate 3 -stall garages without compromising the density of the plat or decreasing the efficiency of the subdivision. Mr. John Keho May 11, 1992 Page Six The PUD zoning district and the LA -3 land use designation accommodate this proposal especially considering the unique setting and neighborhood context without adversely affecting the surrounding properties. On behalf of the applicant, I respectfully request favorable consideration of the Conditional Use Permit, Planned Unit Development, the reduction in front and side yard setbacks, and the 38 -lot subdivision. The development represents an appropriate and compatible use of the property, similar to other existing development in the area and along I -494. Kindest regards, McC MBS RO S ASSOCIATES, INC. l Michael J. r MG:jmj cc: Thomas Graham, Graham Land Company kW- R IN S W, am 1 M.., jg4II i OAK' 6 Last e; F,l - _•vlAV1,4; S v aQTC ", °L ' IMF NO`W V 0M.1 faro l IRMO X o oil ks'- Ir y. D CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: May 12, 1992 COMMISSION MEETING DATE: June 3, 1992 FILE NO.: 92035 PETITIONER: Lundgren Bros. Construction REQUEST: Residential Planned Unit Development (RPUD) Concept Plan, Preliminar Plan /Plat, Conditional Use Permit and Rezoning from FRO (Future Restricted Development District) to R -1A Low Density Single Family Residential) of an 82.84 acre site for a 127 lot single family residential development. LOCATION: Northeast corner of County Road 101 and County Road 24 GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: FRD (Future Restricted Development District) BACKGROUND: On September 24, 1990, the City Council, by Resolution 90 -588, denied a PUD Concept Plan for a residential project which consisted of both single family detached and townhome development on this site. 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. PRIMARY ISSUES AND ANALYSIS: 1. The Concept Plan presented provides for 51.1 acres of single family residential lots; 6.2 acres for public park and trail; and 15.3 acres of private open space. An additional 10.2 acres is proposed for City street right -of -way dedication. The average lot size proposed is 17,507 square feet. Eighty -one of the 127 lots are proposed to be under 18,500 square feet. No lot is _proposed to be less than 10,000 square feet in area. 2. This site is located in the Bassett Creek Storm Water Drainage District; contains storm water holding areas required by the City of Plymouth (pond BC -2); contains Shoreland Management areas; contains no land within the Flood Plain Overlay Zoning District; contains wetlands regulated by both state and federal requirements; contains no woodlands of significant stature as defined by the Physical Constraints Analysis; contains very limited slopes greater than 12 percent related to the wetlands; and, contains land which has physical constraints to urban development with public sewers, related to the wetlands only. 3. Net density calculations include all land that is above the Ordinary High Water Elevation established by the adopted Storm Water Drainage Plan. Street right -of -way is counted in net density for the site. 1 4. The applicant is not proposing PUD Bonus Points for this project. A total of 127 lots are proposed for this subdivision. Without bonus points the maximum number of units allowed for this site is 141. 2 units per net acre x 70.29 net acres = 141 units 5. The PUD Plan proposes dimensional standards varying from the Zoning Ordinance standards for a R -1A zoning classification as follows: a. Minimum side yard setback of 6 feet for interior side yard setbacks to garages and 9 feet interior side yard setbacks for living area versus the ordinance standard of 15 feet. b. A minimum front yard setback of 25 feet versus the ordinance standard of 35 feet. c. A minimum lot size of 10,000 square feet versus the ordinance standard of 18,500 square feet. 6. The petitioner is proposing to deed 6.1 acres for public park purposes. Park dedication fee credit will be given to the 4.91 acres of park and trail corridor that is above the Ordinary High Water level. 7. In addition to the public park and trail, the petitioner proposes 15 acres gross) of private open space to be owned and maintained by a Homeowners Association. While the bulk of the private open space would be natural and manicured wetland /pond areas, an active recreation area is proposed at the intersection of Olive Lane and 32nd Avenue North. A play structure and tennis courts are proposed. PLANNING STAFF COMMENTS: 1. Concept Plan a. Relationship of the proposal to the surrounding neighborhood. The PUD Concept Plan proposes uses that are consistent with proposed uses of the surrounding land. The guiding for the property on the east, south and west is LA -1. The guiding to the north is IP. b. Compliance with City Ordinances and the Comprehensive Plan. The proposed PUD Concept Plan is consistent with the Comprehensive Plan with respect to the land use guiding for low density residential uses. 2. PUD Preliminary Plan /Plat /Conditional Use Permit 2 - Public Existing Conditions Total Park and Trail Single Family Dwelling Gross Area (Acres) 82.84 5.83 77.01 Area Below Ordinary High Water Mark 7.64 92 6.72 Net Area (Acres) 75.2 4.91 70.29 4. The applicant is not proposing PUD Bonus Points for this project. A total of 127 lots are proposed for this subdivision. Without bonus points the maximum number of units allowed for this site is 141. 2 units per net acre x 70.29 net acres = 141 units 5. The PUD Plan proposes dimensional standards varying from the Zoning Ordinance standards for a R -1A zoning classification as follows: a. Minimum side yard setback of 6 feet for interior side yard setbacks to garages and 9 feet interior side yard setbacks for living area versus the ordinance standard of 15 feet. b. A minimum front yard setback of 25 feet versus the ordinance standard of 35 feet. c. A minimum lot size of 10,000 square feet versus the ordinance standard of 18,500 square feet. 6. The petitioner is proposing to deed 6.1 acres for public park purposes. Park dedication fee credit will be given to the 4.91 acres of park and trail corridor that is above the Ordinary High Water level. 7. In addition to the public park and trail, the petitioner proposes 15 acres gross) of private open space to be owned and maintained by a Homeowners Association. While the bulk of the private open space would be natural and manicured wetland /pond areas, an active recreation area is proposed at the intersection of Olive Lane and 32nd Avenue North. A play structure and tennis courts are proposed. PLANNING STAFF COMMENTS: 1. Concept Plan a. Relationship of the proposal to the surrounding neighborhood. The PUD Concept Plan proposes uses that are consistent with proposed uses of the surrounding land. The guiding for the property on the east, south and west is LA -1. The guiding to the north is IP. b. Compliance with City Ordinances and the Comprehensive Plan. The proposed PUD Concept Plan is consistent with the Comprehensive Plan with respect to the land use guiding for low density residential uses. 2. PUD Preliminary Plan /Plat /Conditional Use Permit 2 - a. Staff finds the PUD Preliminary Plan /Plat /Conditional Use Permit to present a generally positive relationship to the expected land uses in the area and to the other provisions of the Zoning Ordinance except as noted below. Transition to existing developments west and south is adequate- - particularly since compatible housing styles will result. As proposed street (front) setback to 32nd Avenue North may be 10 feet less (25 feet) versus adjoining homes in Seven Ponds 2nd Addition to the east (35 feet) . While Seven Ponds front setback may, under certain environmental conditions be reduced, there is no guarantee that this will be the case. The "streetscape" of 32nd Avenue North is relatively straight at the transition point, but potentially broken to some degree by the subdivision monument signage proposed. If front setback of less than 35 feet is otherwise approved a graduated transition is recommended along 32nd Avenue North. Details should be addressed with the Preliminary Plat. The petitioner, during the Development Review Committee process, was informed of our concern for the relationship of the design of this site to a parcel of approximately 2 acres at the northeast corner of this site (Leon Leuer). Redivision of that adjacent parcel in the future is probable and the only two directions of access to that parcel - -due to wetlands - -are north to Medina Road and west to this site. The Leuer parcel is not wide enough for a double loaded north /south cul -de -sac, and private drive accesses to Medina Road should be eliminated where possible. We recommend the Concept Plan be amended to include a stub public street (35th Avenue North) to the east property line. b. The Director of Park and Recreation recommends that the public street frontage to the public park be increased by 10 feet. He suggests deletion of Lot 1, Block 4, and incorporation of that area in to the public park. Additional park dedication credit, and less cash fees payable by the developer will result as well. C. The proposed side yard setbacks (9 feet /6 feet) are (in sum) a 50 percent reduction from R -1A standards (15 feet /15 feet). There have been several requests for side yard setbacks of this type with recent PUD applications. No blanket side setbacks of less than 10 feet have been approved for PUD 's areas classified LA -1 land use in recent years. "Steeplechase ", a development of this petitioner, was the last where the 9/6 standard was approved that we are aware of. That site is classified LA -2. Structure setbacks both provide health /safety benefits (such as fire separation and sight lines on a street), and, a sense of "feel" in the neighborhood. The feel can range from open, airy, suburban or rural (large setbacks) to compact, efficient, urban or city (smaller setbacks). A reduction from 30 foot sum (15/15) setbacks to 20 foot 10 /10) or, as here proposed, 15 foot (9/6) does not reach the threshold of public health /safety concern. Neither isit a densit issue. The site density is controlled exclusively by unit count of area allocations. 3 - To a large degree the issue is "feel ". Does the current Planning Commission /City Council like /dislike the "feel" of Steeplechase. Do those setbacks with those homes (as to house mass -- vertical as well as horizontal) reflect the local perception of tie right neighborhood feel. If so, the same standard should be available to all developments with similar circumstances (PUD on LA -1 land use guiding). d. The petitioner's proposal for 25 foot front (street) setbacks responds to much of the same logic noted above regarding side setbacks. Again the public health /safety threshold involving sight distance is well under 25 feet. Even on street corners our ordinance sight triangle" is 20 feet. Additional considerations regarding street setback reductions include: 1.) Our Building Inspection Division estimates a savings a $600 per lot for 10 feet of reduced length of water sewer connections and concrete driveway ($76,000 over this entire PUD) 2.) A potential exists for preservation of wetlands on certain lots by reduction of the lot depth required to be graded for a house pad. Several recent PUD's have featured front (street) setback flexibility from 35 feet to 30 feet specifically where natural resource preservation would result. In the adjoining PUD (Seven Ponds Second) the Community Development Director was delegated the decision for such flexibility on up to 25 percent of the total lots. As with side yard setbacks, a decision to grant a blanket reduction from 35 feet to 25 feet, as requested, will serve as precedent in future similar circumstances - -not necessarily a negative consideration, since there can be positive precedents too. Should the Planning Commission find a blanket 25 foot street setback is appropriate we recommend Lots 1 -3, Block 5, be excluded; and, that Lots 1 -3, Block 6, be "stepped" from 35 feet to 25 feet, east to west. Both adjustments are to blend with setbacks along 32nd Avenue North east of this plat. e. We recommend 35th Avenue North be extended east to the east property line to provide the access to the adjoining 2 acres in the best public interest. f. As we are currently researching and analyzing the general topic of Homeowners Association owned open space in sin le family detached subdivisions, we are finding more problems than advantages- - particularly where active recreation facilities (such as play structures and tennis courts), or manicured common open space is involved. The general concept of a H A for single family home owners, particularly where fees to cover liability insurance and maintenance, continues to burden the C in many instances after the developer has completed the subdivision. The liability insurance 4 - issue appears to compound when active recreation facilities are included. We recommend the RPUD Preliminary Plan be amended to, at a minimum, delete the tennis courts and play structure from the private open space. The Park Director has suggested those facilities may be welcomed (and thereafter maintained) by the City in the upblic neighborhood park near the center of the neighborhood. g. Substantial transition landscaping is proposed on the Preliminary Plan along County Road 24, County Road 101, and Medina Road. We recommend that the Homeowners Association be granted easement rights to these landscaped portions of the rear yards, and be responsible for perpetual maintenance of those easement areas. As now proposed only "hit and miss" maintenance of the transition landscaping can be expected from the individual lot owners. All subdivision monument signage not within HOA outlots should also be written such as easement. RECOMMENDATION: I hereby recommend adoption of the attached resolutions providing for the approval of a RPUD Concept Plan; RPUD Preliminary Plan /Plat and Conditional Use Permit according to the attached resolutions. Staff comments and recommendations are reflected as conditions of approval - -where appropriate. The resolution approving the Preliminary Plat is structured to approve the requested blanket setback requests. No specific staff preference should be implied by that structure. I also recommend approval on the proposed ordinance for rezoning on the site from FRD to R -1A to be consistent with the Land Use Guide Ply ,-- I__ I\ l_` Submitted by: erud, Community Development Director ATTACHMENTS: 1. Draft Resolution Approving RPUD Concept Plan 2. Draft Resolution Approving RPUD Preliminary Plan /Plat and Conditional Use Permit 3. Draft Resolution Setting Conditions to Be Met Prior to Publication 4. Ordinance Rezoning Land from FRD to R -1A 5. Engineer's Memo 6. PUD Attributes 7. Petitioner's Narrative 8. Location Map 9. Large Plans pc /jk/92035) 5 - APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR LUNDGREN BROS. CONSTRUCTION LOCATED AT THE NORTHEAST CORNER -OF COUNTY ROAD 101 AND COUNTY ROAD 24 (92035) WHEREAS, Lundgren Bros. Construction has requested approval for a Residential Planned Unit Development Concept Plan for 127 single family detached lots on 83 gross acres for property located at the northeast corner of County Road 101 and County Road 24; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Lundgren Bros. Construction for a Residential Planned Unit Development Concept Plan for property located at the northeast corner of County Road 101 and County Road 24, for 127 single family detached lots on 83 gross acres, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. All public street right -of -way shall be dedicated. 4. The maximum number of dwelling units approved is 127 with no bonus points assigned. Net project density is approved at 2.08 dwelling units per net acre (61 net acres). 5. Extension of 35th Avenue North to the east property line. 6. Deletion of the play structure and tennis courts from the private open space. res pc /92035.cp) APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAT /PLAN AND CONDITIONAL USE PERMIT FOR LUNDGREN BROS. CONSTRUCTION LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 101 AND COUNTY ROAD 24 (92035) WHEREAS, Lundgren Bros. Construction has requested approval for a Residential Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for property located at the northeast corner of County Road 101 and County Road 24; and, WHEREAS, the City Council approved an RPUD Concept Plan for this site for 127 single family lots; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Lundgren Bros. Construction for a Residential Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for property located at the northeast corner of County Road 101 and County Road 24, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No building permits shall be issued until a contract has been awarded for sewer and water. , 4. Payment of park dedication fees -in -lieu of dedication with appropriate credits in an amount determined according to verified acreage and paving costs and according to the Dedication Policy in effect at the time of filing the Final Plat with Hennepin County. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with the filing of the Final Plat. 8. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. Private drive access shall be limited to internal public roads and restricted from Medina Road, County Road 24, and County Road 101. 10. Final Plat mylars shall refer to RPUD 92 -3. 11. Appropriate legal documents regarding Homeowners' Association documents, covenants and restrictions as approved by the City Attorney, shall be filed with the Final Plat. Page Two, File 92035 12. Approved setbacks are: a. 9 foot (living) and 6 foot (garage) side yard setback. b. 25 foot front yard setback except 35 feet for Lots 1 -3, Block 5 and graduated from 35 feet to 25 feet for Lots 1 -3, Block 6. c. Lot width at the rear property line 15 feet. d. Lot width at the front setback line 75 feet. 13. Minimum lot size is 10,000 square feet. 14. Deletion of the play structure and the tennis courts from the private open space. 15. Extension of 35th Avenue North to the east property line. 16. An easement to the Homeowners Association shall be provided for all areas bermed /landscaped on the Preliminary Plan (labeled "General Development Plan "), and the HOA documents shall provide for perpetual HOA maintenance of the easement areas. 17. The street frontage of the public park outlot ( Outlot C) shall be increased to 165 feet. res /pc /92035.rpud) SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR LUNDGREN BROS. CONSTRUCTION FROM FRD (FUTURE RESTRICTED DEVELOPMENT DISTRICT) TO R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) (92035) WHEREAS, the City Council has approved an Ordinance rezoning certain land located at the northeast corner of County Road 101 and County Road 24 from FRO Future Restricted Development) District to R -1A (Low Density Single Family Residential) District in conjunction with approval of the Preliminary Plat for Lundgren Bros. Construction; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for Lundgren Bros. Construction to be filed with Hennepin County prior to the publication of said Ordinance. res /pc /92035.sc.ord) CITY OF PLYMOUTH ORDINANCE NO. 92- AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHEAST CORNER OF COUNTY ROAD 101 AND COUNTY ROAD 24 AS R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) (92035) Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by changing the classification on the City of Plymouth Zoning Map from FRD Future Restricted Development District) to R -1A (Low Density Single Family Residential) District with respect to the hereinafter described property: Insert Legal) Section 2. General Development Plan. This Ordinance authorizes the development of said tracts only in accordance with the Plan approved for the File No. 92035. Section 3. Effective Date. This Ordinance shall take effect upon filing the Final Plat with Hennepin County and upon its passage and publication. Adopted by the City Council ATTEST City Clerk File ord /pc/92035) day of . Mayor City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: May 29, 1992 FILE NO.: 92035 PETITIONER: Mr. Terry Forbord, Lundgren Bros. Construction Company, 935 East Wayzata Blvd., Wayzata, MN 55391 PRELIMINARY PLAT: STROMSETH PROPERTY LOCATION: North of County Road 24, east of County Road 101, south of Medina Road in the northeast 1/4 of Section 19. N/A Yes No 1. X — Have watermain area assessments been levied based on proposed use? 2. _ X_ Have sanitary sewer area assessments been levied based on proposed use? 3. _ X Will SAC and REC charges will be payable at the time building permits are issued? These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: None. 5. Other additional assessments estimated: Project 016. Pond BC -P1 S31.295 and Medina Road, Project 010, S38.150. N/A Yes No 6. _ X Does the preliminary plat comply with standard utility /drainage easements? If "No" is marked, the City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet 6') in width adjoining side and rear lot lines. N/A Yes No 7. _ X Are all standard utility easements required for construction provided? The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the preliminary plat construction plans. If "No" is marked, the following shall be included on the final plat: 8. _ _ X Complies with ponding easement requirements? The City requires the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. If "No" is marked, the following easement shall be included on the final plat: 9. X _ _ Have all existing unnecessary easements and rights -of -way have been vacated? If "No" is marked it will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. N/A YES NO 10. X Has the Owner's Duplicate Certificate of Title has been submitted to the City with this application? It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easement or vacation of unnecessary easement. 11. _ _ X All necessary permits for this project have been obtained - The developer must comply with the conditions within any permit. If "No" the following permits must be obtained by the developer: X DNR MnDOT X Hennepin County X MPCA X State Health Department 2 - X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers X Wetland Conservation Act of 1991 from City TRANSPORTATION: N/A Yes No 12. _ X _ Does the preliminary plat conform with the grid system for street names? If "No" is marked, the following changes will be necessary: 13. X Acceleration /deceleration lanes provided? If "No" is marked, Acceleration /deceleration lanes are required at the intersection of Olive Lane and County Road 24 14. _ X _ Are all existing street rights -of -way the required width? If "No" is marked, an additional feet of right -of -way will be required on As shown on the preliminary plat, 15. _ X Do the preliminary street and utility plans conform with City standard requiring the developer to construct utilities necessary to serve this plat? If "No" is marked, in accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. UTILITIES: N/A Yes No 16. _ X Do preliminary utility and street plans submitted comply with all City requirements? If "No" is marked, the following revisions are required for: Sanitary Sewer See Special Conditions Watermain See Special Conditions Storm Sewer See Special Conditions Street /Concrete Curb & Gutter See SRecial Conditions N/A Yes No 17. _ X _ Do the preliminary construction plans conform to the City's adopted Thoroughfare Guide Plan? If "No" is marked, the following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan: 18. X Do the preliminary construction plans conform to the City's adopted Thoroughfare Guide Plan? If "No" is marked, the following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan: 19. _ X Do the preliminary construction plans conform to the City's adopted Comprehensive Water Distribution Plan? If "No" is marked, the following revisions will be required: N/A Yes No 20. _ X _ Do the preliminary construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan? If "No" is marked, the following revisions will be required: 21. _ X Is it necessary to contact Bob Fasching, the City's public utility foreman, at 550 -74927 If "Yes" is marked 24 hours notice is required in advance of making any proposed utility connections to the City's sanitary sewer and water systems. All water connections shall be via wet tap. 22. _ X Is it necessary to contact Tom Vetsch, the City's Street Foreman, at 550 -7493 for an excavating permit? If "Yes" is marked 24 hours notice is required before digging within the City right -of -way. 4 - N/A Yes No 23. _ X _ Do the preliminary construction plans conform to the City's adopted Comprehensive Storm Drainage Plan? If "No" is marked, the following revisions are required: 24. X Does the preliminary Grading, Drainage, and Erosion Control Plan comply with the City's erosion control policy? If "No" is marked, the following revisions will be required: Ht bales shall be placed around all catch basins. A crushed rock be will ho required at Olive Lane and County Road 24. and Lawndale Lane and Medina Road Silt fence will be required around all ponds and wherever drainage leaves the site. 25. _ X _ Minimum basement elevations must be established for the following lots: All lots adjacent to ponds with a minimum flood elevation being 2 feet above the 100 year high water elevation. 26. A. The radius to back of curbs for all turn arounds shall be 41 feet. B. Remove the medians at Olive Lane and County Road 24, and Lawndale Avenue and Medina Road, and the islands in the turn arounds. C. Pond BC -P2 shall be established and the control structure constructed or on- site storage shall be provided in order that the DNR elevation of 993 is not exceeded by any storm. D. Pond calculations along with spot elevations within Pond BC -P2 shall be submitted with the final grading plan to ensure the required storage is available. E. Field tile, if encountered, shall be connected to the new storm sewer unless it can be determined the tile is no longer functioning. F. The existing 24 inch storm sewer crossing County Road 24 shall be extended to the pond in Block 6 and 7 and invert elevations shall be shown on the grading plan. G. The existing storm sewer crossing County Road 101 shall be extended to the pond on Lot 1, 2 and 3, Block 8. Invert elevations shall be shown on the grading plan. H. All storm sewer outlets shall be extended to the 100 year high water elevation. I. All overflow swales shall be sodded and fenced when grading is complete. J. A storm sewer pipe shall be installed between the ponds in Outlot E to Outlot D. K. The final grading plan shall show the house pads for lots adjacent to the sanitary sewer, storm sewer easement. 5 - Doc. Format Rev. 2- 11 -92) L. The location of the proposed Lawndale Circle /CSAH 24 intersection near the east plat boundary must be located directly opposite existing 30th Avenue North. M. Driveway access will not be permitted to County Road 24, County Road 101, or Medina Road. N. A 8 inch public sanitary sewer shall be extended between Lots 2 and 3. Block 1 from Lawndale Lane to the east plat boundary. 0. The developer has not provided the required information to evaluate the impact on wetlands as required by City policy and the 1991 Wetland Act. This information shall be provided and shall be evaluated before the preliminary plat is presented to the City Council. P. Relocate the fire hydrant from Lot 6, Block 2 to Lot 4, Block 2. Q. Relocate the fire hydrant from Lot 14, Block 3 to Lot 16, Block 3. R. A fire hydrant should be added to the north end of Lot 12, Block 3. Submitted by: 6 Daniel L. Faulkner, P.E. City Engineer 6 - Doc. Format Rev. 2- 11 -92) PLYMOUTH ZONING ORDINANCE P.U.D. CRITERIA The Planning Commission, after holding the public hearing, shall make its recommendations to the City Council for approval; approval with conditions; or denial of the Conditional Use Permit for a P.U.D., preliminary plat and rezoning if considered. The Planning Commission shall forward to the City Council its recommendations based on and including, but not limited to the following: 1) Compatibility with the stated purposes and intent of the Planned Unit Development. 2) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the City's Comprehensive Plan and to other provisions of the Zoning Ordinance. 3) Internal organization and adequacy of various uses or densities; circulation and parking facilities; recreation areas and open spaces. conventions:pl /jk /pud) J STROMSETH PROPERTY PLANNED UNIT DEVELOPMENT (PUD) CONCEPT PLAN AND PRELIMINARY PLAT PREPARED FOR THE PLANNING COMMISSION AND CITY COUNCIL OF PLYMOUTH, MN Submitted By: Lundgren Bros. Construction, Inc. 935 East Wayzata Boulevard Wayzata, MN 55391 612) 473 -1231 16 April 1992 TABLE OF CONTENTS Page I. DEVELOPMENT TEAM I II. INTRODUCTION 1 III. GENERAL STATEMENT OF CONCEPT I A. Location I B. P.U.D. Criteria 3 C. Comprehensive Plan Acceptability 5 1. Land Use Guide Plan/Density 5 2. Site Utility Availability and Service 5 3. Traffic Access & Circulation 6 D. Tentative Staging and Sequence Schedule 7 E. Financial Capability 7 F. Natural Resource Analysis 7 IV. CONFORMANCE TO CONDITIONAL USE PERMIT 7 V. MONUMENTATION/SIGNAGE 8 VI. COVENANTS 8 VII. CONCLUSION 9 I. DEVELOPMENT TEAM The developer of the Stromseth Property is Lundgren Bros. Constriction, Inc., a Minnesota Corporation located in Wayzata, MN. The Lundgren Bros. tradition has been synonymous with quality neighborhoods throughout the City of Plymouth for 23 years. Lundgren Bros. was the developer of the Mission Planned Unit Development, Churchill Farms Planned Unit Development, Bay Pointe at Mooney Lake, Ferndale North, Fox Run and Steeplechase to name a few. The development team is coordinated by Peter Pflaum, President; Michael Pilaum, Vice President; and Terry Fothord, Vice President and Project Manager of this development. Consultants Planner. Engineer: Surveyor. Legal: Wetland Biological Analysis: Landscape Architecture: Market Analysis: H. INTRODUCTION Pumose of Presentation The site plan design by Dahlgren, Shardlow, and Uban, Inc., located in Minneapolis, MN. The plat and public facilities engineering by Sathre Bergquist, Inc. in Wayzata, MN. Site surveying by Sathre Bergquist, Inc. Hugh Maynard, Leonard, Street & Deinard in Minneapolis, MN Regulated wetland permits, delineation and monitoring, Frank Svoboda, Wildlife Biologist. Entrance monumentation and landscape design by Dahlgren, Shardlow, and Uban, Inc. Preliminary market analysis by Conhaim & Associates located in Minneapolis, MN. The purpose of this presentation is to provide the Plymouth Development Review Committee DRC), Planning Commission and City Council details of the proposed planned unit development (P.U.D.) and to obtain the necessary concept plan, preliminary plan and preliminary plat approval. III. GENERAL STATEMENT OF CONCEPT A. Location This proposed residential planned unit development by Lundgren Bros. is located in Plymouth in Sections 18 and 19, Township 118N, Range 22W. The property consists of ±83 acres and is served by County Road 24 to the south, County Road 101 to the west and Medina Road to the north. The recently approved Seven Ponds Subdivision by Hans Hagen, lies adjacent to the east. Stromseth Property P.U.D. Zoning 2 The property is currently zoned Future Residential Development (FRD). The Developer proposes to rezone the property to a Planned Unit Development (PUD). The Project The project consists of 126 single family residential home sites that will be developed on lots ranging from 75' lot width to 100' with lot depths varying from 120' to 250'. Each lot will be developed to match the site with a choice of pre- designed models. Each home will have a minimum two car garage with a wide driveway and major emphasis placed on walkout basements where topography allows. Lot Size: Gross Average Lot Size 28,639 s.f. Net Average Lot Size 17,507 s.f. Smallest Lot Size 10,000 s.f. Largest Lot Size 39,500 s.f. Proposed Building Setbacks: 25' Front Yard Setback (minimum) 25' Rear Yard Setback (minimum) 6' Interior Side Yard Setback for Garages 9' Interior Side Yard Setback for Living Area 25' Rear Yard Wetland Setback The necessity for reduced front yard setbacks are for the perimeter lots abutting County Roads 101, 24 and Medina Road. In addition, lots abutting wetlands are also directly affected. Meandering wetlands create a variety of constraints to development, which can be minimized by setting the homes 25' from R.O.W., so as not to force development closer to the wetlands. This request for a 25' front yard setback would allow an additional 10' of buffering to accommodate extensive berming and landscaping, which will provide a much more desirable condition for quality housing. For obvious planning reasons, we prefer to maintain a consistent 25' front yard setback. The interior lots not affected by county roads or wetlands vary in size from 10,000 square feet to 20,000 square feet with perimeter lots; (those lots affected by wetlands and county roads), ranging from 12,000 square feet to 30,000 square feet. The range of lots in this development is considerable and provides an opportunity to accommodate different home styles. Besides offering the advantage of a highly varied stmetscape, the mixture of home plans and lot sizes can help to diversify target markets. Generally this option does, not achieve densities as high as those using conventional platting procedures, evidenced by the gross density shown on this plan of 1.5 units/acre with a net average lot size of 17,507 square feet. Stromseth Property P.U.D. 3 With the difficult constraints on this site, the mitigation measures that we propose of additional landscaping and preservation of open space creates a development that is aesthetically pleasing and environmentally responsible. These mitigation measures speak to the purpose of the setbacks and successfully create the ultimate condition that the setbacks were designed to affect. Development Summary: Total Acres Public Paris & Trail Open Space R.O.W. Net Developable Number of Lots Gross Density Net Density B. P.U.D. Criteria 82.84 ac. 6.10 ac. ( 7%) 15.90 ac. (19%) 10.20 ac. (12%) 50.64 ac. (62 %) 126 1.5 unjac. (126 = 82.84) 2.5 un./ac. The Plymouth Zoning Ordinance (May, 1986 version) outlines five expected attributes of Planned Unit Developments. Those expected attributes and the Developer's findings are outlined below: 1. Attribute: Benefits from new technology in building design, construction and land development. Finding: Lundgren Bros. annually upgrades its entire home product line keeping current with design trends that are the most in demand and efficient. The latest innovative construction techniques are implemented upon their introduction to the building industry. 2. Attribute: Higher standards of site and building design, through the use of trained and experienced professionals in land planning, architecture, and landscaping to prepare plans for Planned Unit Developments. Finding Lundgren Bros. has been developing residential single family Planned Unit Developments and building quality homes in Plymouth for 23 years. The Lundgren Bros. tradition of quality neighborhood communities has been recognized nationally by many industry publications such as; Better Homes and Gardens, Professional Builder and Builder magazine. The Lundgren Bros. design team is an assembly of experienced professionals who consistently have been on the "cutting edge" of innovative land use planning and environmental sensitivity, preserving and enhancing the existing natural features of each site. Stromseth Property P.U.D. 4 3. Attribute: More efficient and effective use of streets, utilities and public facilities to yield high quality development at a lesser cost. Findin : The proposed Concept Plan and Preliminary Plan maximizes the potential of the limited developable land on this property while providing an efficient use of open space that benefits as many home sites as possible. Because of the unusual amount of constraints existing on this site such as: the six wetlands, the visual and noise concerns of County Roads 101 and 24 and the anticipated industrial development to the north of Medina Road, Lundgren Bros. is requesting a P.U.D. on this property. A P.U.D. would provide more efficient use of land and public services, consolidation of areas for recreation and reductions in street lengths and other utility related expenses. 4. Attribute: More usable and suitably located active recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures. Finding The amount of open space provided in the neighborhood recreation area and the numerous ponds created within the development are a direct result of the flexibility allowed under a P.U.D. Additionally, because of reduced lot size and setback requirements the Developer is able to provide other neighborhood community benefits that reduce the strain on other city parks and trails. 5. Attribute: Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics. Finding The overall concept is oriented around the development of individual neighborhoods defined by the road system and the integrated open space system. This community was designed to accommodate moderate -sized single family homes. The building pad that is used on each lot to determine the impact of development is generally square and measures approximately 60' wide and 50' deep. The plentiful open space shown affords the visual amenity provided by ponds, wetlands, mounds and depressions and combines them with the landscape elements such as grass, flowers, shrubbery and trees. Over and above this, it provides the means to preserve and enhance existing natural amenities. Open space can beneficially influence the micro climate by improving heat radiation and by providing channels for air drainage and favorable air flows. The system operates as more than just open space; it provides a readily accessible place for informal recreation. The road system is designed to identify a hierarchy of traffic with secondary streets ruining into a north -south collector road. The cul-de -sacs are used to allow development of rolling hills and to create niches for smaller neighborhoods. The curvilinear road system, rolling topography and general site design help create many interesting and unique building sites which further promotes quality housing within the development. Stromseth Property P.U.D. S By design, the road system also locates entrances which identify points of arrival to individual neighborhoods. The entrance features will consist of ponds, tennis courts, play structures and planted medians. These areas will all be maintained by a homeowners association as well as covenants on the land that must be adhered to by owners. Those things to be controlled will be building size and materials, tree planting and other site features. Through the departure from the strict application of required setbacks, yard areas, lot sizes and other minimum requirements and performance standards associated with traditional zoning, planned unit developments can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. C. Comprehensive Plan Acceptability Land Use Guide Plan/Density The property is currently guided for Low Density Residential Single Family Housing (LA -1) by the City's Land Use Guide Plan. This designation allows 1 to 3 residential dwelling units per acre. The Stromseth Property Concept Plan and Preliminary Plan proposes 126 residential single family lots on approximately 83 acres for a density of 1.5 dwelling units per acre. 2. Site Utility Availability and Service The Stromseth site is within the current urban services area of Plymouth. Sanitary sewer, watermain and storm sewer systems have been completed around and in the site to serve this property as well as other undeveloped properties in the general area. Sanitary sewer service for the single family lots and homes will principally be provided by a 12" trunk sewer line that was installed through the property in 1991. The sewer bisects the northwesterly comer of the property. Gravity sewer lines will be extended southerly from this trunk sewer line to serve the majority of the site. The extreme southeasterly comer of the site will receive gravity lateral sewer service from an existing sewer line which parallels County Road 24. The installation of internal gravity sewers will be done in phases as necessary to support the phased development; beginning with Phase I at the southerly end of the property. Watermain trunk service has also been provided to the site in the past. As with the sanitary sewer service lateral watermains will be extended into the site in a phased manner beginning from County Road 24 and working north The preliminary utility plan shows the intended watermain system and its looping to the surrounding trunk lines. Stromseth Property P.U.D. r As each phase is extended, fire hydrants and individual house services will be provided from the lateral mains to provide normal urban services to each segment of the project. Storm drainage for the project site will be accommodated by existing public facilities in place (and to be constructed in a Seven Ponds 2nd Addition neighborhood area to the east of the site). The existing conditions plan for the property shows the wetlands which exist on the property at present. DNR wetlands 46OW and 463W straddle the property line between the Seven Ponds 2nd Addition area to the east and the Stromseth site. In addition to these two DNR wetlands, four other wetlands which are under the jurisdiction of regulatory bodies including the U.S. Army Corp of Engineers, exist in the southerly and southwesterly portions of the site. The design of the project is such that a very minimal encroachment into the federal wetlands area will be necessary for development of the project. No encroachment within the limits of the DNR wetlands are planned. The Preliminary Utility Plan depicts a system of upland ponds and an expansion of some wetland areas with storm sewers to interconnect the natural and man made facilities. The expansion of the wetland areas and the installation of storm sewers and drainage facilities will be phased with the phasing of the balance of development. The drainage facilities will conform to the Plymouth Storm Drainage Plan and its on -site ponding area BC -P2. 3. Traffic & Access Circulation The road system, open space system and trails have been developed to best facilitate the movement of traffic safely and conveniently in accordance with the City's designated road system. The overall plan is to develop housing and open space within a harmonious arrangement of neighborhoods set in a park like area. Primary access to the development will be off of a north -south collector connecting County Road 24 and Medina Road. Public trails are proposed along County Road 101 and along the southeastern edge of the property connecting adjacent neighborhoods to the park system. The preliminary plan provides for the preservation of approximately 22 acres of natural wetland and high ground areas as public park, trails and open space. Stromseth Property P.U.D. D. Tentative Staging and Sequence Schedule 7 The Developer intends to develop the project in five phases over a period of approximately four to five years. Obviously, economic conditions may effect the actual time frame and specific areas of development. The accompanying phasing plan attached identifies the sequence of development of the proposed development. This sequence is mostly derived by the approximate location of utilities. E. Financial Capability As the optionee, Lundgren Bros. intends to develop the Stromseth Property once they complete the purchase. Lundgren Bros. has successfully been a major participant in the residential development of Plymouth for more than 23 years and has never failed to perform on any of its commitments. F. Natural Resource Analysis The topography is gently, rolling terrain with the highest elevation being 1,020.6 and the lowest 991.2. There exists ± 18 acres of protected wetlands on the site, with both the Department of Natural Resources and the Department of Army Corp of Engineers having jurisdiction. In addition to these natural features, the development will include significant ponding and an undulating landscaped berm on three sides of the development providing a buffering of the development and single family homes to the County Roads. Additional landscape elements that the Developer is including will also ensure an overall development that is attractive, softens building masses and develops more intimate settings for each home. IV. CONFORMANCE TO CONDITIONAL USE PERMIT 1. Attribute: Compliance with and effect upon the Comprehensive Plan. Finding The property is currently guided for Low Density Residential Single Family Housing (LA -1) by the City's Land Use Guide Plan. This designation allows 1 to 3 dwelling units per acre. The Stromseth Property Concept Plan and Preliminary Plan proposes 126 residential single family lots on approximately 83 acres for a density of 1.5 dwelling units per acre. 2. Attribute: 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. Finding: With such site design features as a curvilinear road system, abundance of open space, preservation of wetlands and buffering from county roads, the Stromseth Stromseth Property P.U.D. S Property Proposal, in our opinion, enhances the quality goals and objectives of the City of Plymouth. 3. Attribute: 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. Finding The Stromseth Proposal was designed to fit into the immediate community and with its open space, public park and public trails, this development is able to provide neighborhood community benefits as well as benefits to itself. 4. Attribute: 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. Finding It properly completes the development of the surrounding neighborhood and with its public trails and park, accommodates the park requirement and benefit to the community. 5. Attribute: 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. Finding With its proper intersection with County Road 24 and Medina Road and adequate measures taken such as 32' roadways and wide driveways, minimal traffic congestion should occur. 6. Attribute: The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Finding: The Stromseth property conforms to all applicable regulations of the LA -1 District and should provide a subdivision that is attractive, enduring and, along with Lundgren Bros. as developer, a quality housing development. IV. MONUMENTATION /SIGNAGE Professionally designed and landscaped entrance monuments shall be provided at each entrance to the P.U.D. The elements of the monumentation and signage shall be consistent throughout the neighborhood community. The design team shall take advantage of the creativity the P.U.D. ordinance allows and develop an identity that blends well with the natural surroundings. All monumentation shall be owned and maintained by the homeowners association and shall be consistent with the quality monumentation found in other exclusive Lundgren Bros. neighborhood communities. V. COVENANTS As in all neighborhood communities created by Lundgren Bros., strict architectural and protective covenants shall be established and recorded to protect the investment of each home owner and the City of Plymouth. Stromseth Property P.U.D. VI. CONCLUSION 9 Lundgren Bros. feels that the proposed Concept Plan and Preliminary Plan for development of the Stromseth property enhances the quality goals and objectives of the City of Plymouth. It is our pleasure to respectfully submit to you our proposal and request your acceptance. ST Wilk virAmiill l.d impar a1•; r r_ Eglifigamilift I J \ :;;Y,(l r, C"I TY POAD NO. 24 Z CL Lu Is f 9ti . t t I ' " f B We a CD r 1 e e , e q,y • Y a ' A1( L -- Ufa 41 1 N C o i # F P u u i its — $ W mc cc J J1 o - -- - I 1 • 1 a uIi IN Z j W m ao., C IL in 32W In OD Its 40 totj CY is Ln Ny on Ln zero rig OSEA 17- AiNi IL IM cc uj 4-3flig SSA Al A SIMN POWS M At fn M At I 1 I .:.'Ke ., e'tir,L "f :.:. s. • .. r st..._. =.r y ,_._.,L . Y , .,.., "°` ` COUNTY II040 NO. It- r+• a,Twlwwr Z a 2 W InN C-4 CLm. i n ,i n} is • Q N .. ',. ' fRY , Z W i k N ws• r :' W rn g No " i in It Ln t° r tn : la in VA o N \•' - ti Lrr a g oOpisrn 2 age, H , •ar'0 an M'111 1 I k . a I 1 ' x `" ^ t. • Ip' _ i g I a AIAAAlA!! MAE € Rol ' ir M_ e0) < ; N M111' .• • r N .F': a N•i t AflEE° I __ CD N « i0 Nt rt pp wA9 •vglsW7u to iy i g •xxe _xxcnar.rtr. N N * N, j f !AlIAl6 lEPB.E J N • ' r 1' i cent• xO I° ZN\ /ail_ a• N • i8 i 4 _ «_..._..____ M . O N •• H r• d J cmCD fitCY cy N ,; _ " a 110AACF>lAeeEh i r ti m f' •, «_ , N t• i _axt:^ «fen =n i fn IrtlJ '/ _ :' r N ;' M ,. fie a I o •t it J Lo xl •. c !!! M I I • «_ V J N In -• \\ , N I- w, S i xext_c<o= re::de^ in M i " UMI m `. wa d ,/ Ln I i AAfAAA!!!1!!1! a CCIl7 `t ., a : r 1 I i 5 • x e•_ a n- n ar. 1% r.c i A \\ $ i rll n';j — i 7 I \% • r - "' t"/ryfj I ( ee E !AA!!4llEESIF a C I r i A61AP.AQIAA E CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: May 28, 1992 COMMISSION MEETING DATE: June 3, 1992 FILE NO.: 92038 PETITIONER: Christ Memorial Lutheran Church REQUEST: Site Plan and Conditional Use Permit Amendment, and Zoning Ordinance Variance to permit a second structure on the parcel. LOCATION: Southeast corner of Sunset Trail and Xenium Lane GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: On September 23, 1985, the City Council, by Resolution 85 -742, approved a Conditional Use Permit for a daycare center for 21 students at this site. On October 7, 1985, the City Council, by Resolution 85 -814, approved a Conditional Use Permit for a Montessori School in Christ Memorial Lutheran Church. On December 7, 1987, the City Council, by Resolution 87 -789, approved a Conditional Use Permit for a nursery school in this facility. 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. This proposal is for the placement of a modular building on this site to meet the needs of the church for approximately five years. This building would be used for daycare uses as well as church uses. The structure contains 2,688 square feet. The church is proposing to increase the number of children in the daycare to 51 from the existing 21 children. 2. The Zoning Ordinance directs the Planning Commission to consider the Conditional Use Permit in terms of the six criteria found in Section 9, Subdivision A, Paragraph 2a. I have attached a copy of the referenced citation along with the applicant's narrative. 3. The Planning Commission must also consider the variance request for two structures on a parcel in terms of the criteria found in Section 11, Subdivision C, Paragraph 2d. of the Zoning Ordinance. I have attached a copy of this citation along with the applicant's narrative. Page Two, File 92038 PLANNING STAFF COMMENTS: 1. Except with respect to the Zoning Ordinance variance issue noted, this Site Plan meets the standards of the Zoning Ordinance policies and standards of the City of Plymouth regarding developments in the R -1A Zoning District. 2. The Conditional Use Permit Amendment application with the expansion of the daycare use complies with the Conditional Use Permit standards. 3. The requested variance for two structures on a lot meets the variance criteria. 4. The Zoning Ordinance does not specifically address temporary structures. Review of this request has been consistent with review procedures for a permanent structure including the addition of landscaping and the placement of the structure on a permanent foundation. RECOMMENDATION: I recommend adoption of the attached resolutions providing for the approval of the Site Plan and Conditional Use Permit Amendment and Variance for Christ Memorial Lutheran Church. Submitted by: Charles E. Dillerud, Community Development Director ATTACHMENTS: 1. Draft Resolution Approving Site Plan and Conditional Use Permit Amendment and Variance 2. Engineer's Memo 3. Applicant's Narrative 4. Conditional Use Permit Standards 5. Zoning Ordinance Variance Criteria 6. Location Map 7. Site Graphics pc /jk /92038:jw) APPROVING SITE PLAN AND CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE FOR CHRIST MEMORIAL LUTHERAN CHURCH (92038) WHEREAS, Christ Memorial Lutheran Church has requested approval for a Site Plan and Conditional Use Permit Amendment and Variance for construction of a second building and expansion of an existing daycare center for property located at the southeast corner of Sunset Trail and Xenium Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Christ Memorial Lutheran Church for a Site Plan and Conditional Use Permit Amendment and Variance for construction of a second building and expansion of an existing daycare center for property located at the southeast corner of Sunset Trail and Xenium Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. An 81z x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 7. The site shall be maintained in a sanitary manner. 8. All parking shall be offstreet in designated areas which comply with the Zoning Ordinance. 9. This permit is issued to Christ Memorial Lutheran Church. 10. A variance is granted for two structures on one parcel. 11. A State Seal and Certification of the structures is required. 12. This Conditional Use Permit shall be valid for 5 years from the date of this resolution. res /pc /92038:jw) City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: May 29, 1992 FILE NO.: 92038 PETITIONER: James MacLachlan /Deb Reisner, Christ Memorial Church, 13501 Sunset Trail, Plymouth, MN 55441 SITE PLAN: CHRIST MEMORIAL LUTHERAN CHURCH LOCATION: 13501 Sunset Trail N/A Yes No 1. _ X _ Have watermain area assessments been levied based on proposed use? 2. _ XX Have Sanitary sewer area assessments been levied based on proposed use? 3. _ X Will SAC and REC charges will be payable at the time building permits are issued? These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None, 5. Other additional assessments estimated: None, 6. _ X _ Is property one parcel? If "No" is marked, the approval of the site plan as proposed requires that a lot consolidation be approved by the City Council. N/A Yes No 7. _ Complies with standard utility /drainage easements? If "No" is marked, the current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) S. X _ _ Complies with ponding easement requirements? The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. If "No" is marked, the following changes are necessary: 9. X Are all standard utility easements required for construction provided? The City requires twenty foot (20') utility and drainage easements where these utilities are proposed to be installed. This item has been reviewed with the final site plan. If "No" is marked, the following changes are necessary: 10. X _ _ Have all existing unnecessary easements and rights -of -way been vacated? If "No" is marked, it will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process, it is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. X Has the Owner's Duplicate Certificate of Title has been submitted to the City with this application? If it is subsequently determined that the subject property is abstract property. then this requirement does not annly. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. _ _ X Have all necessary permits for this project been obtained? The developer must comply with the conditions within any permit. DNR MN DOT Hennepin County MPCA State Health Department Bassett Creek X Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Wetland Conservation Act of 1991 from City 13. _ X Does the Site Plan comply with The City's Adopted Storm Drainage Plan? If "No" is marked, the following revisions are required: 14. _ _ X Does the Grading, Drainage, and Erosion Control Plan comply with the City's erosion control policy? If "No" is marked, the following revisions are required: Silt fence shall be placed along the east and south side of the proposed building. 15. X Are necessary fire hydrants provided? If "No" is marked, the City of Plymouth requires five hydrants be spaced 300 feet apart. It will be necessary to locate hydrants in such a manner that the site plan complies with Plymouth City Code Section 905.05. 16. _ X _ Is the size and type of material proposed in the utility systems included on the utility plans? If "No" is marked, the utility plan shall be revised to indicate the size and type of material. Sanitary Sewer Watermain Storm Sewer 3- N/A Yes No 17. . X _ _ Is the post indicator valve and fire department connection provided? If "No" is marked, they shall be included in the site utility plan. 18. X _ Are hydrant valves provided7 If "No" is marked, all new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. 19. _ X _ Are sanitary sewer clean -outs provided? If "No" is marked, it will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. N/A Yes No 20. X _ _ Acceleration /deceleration lanes provided? If "No" is marked, Acceleration /deceleration lanes are required at the intersection of and 21. _ X _ Are all existing street rights -of -way the required width? If "No" is marked, an additional feet of right -of -way will be required on 22. X _ _ Does the grading plan comply with site drainage requirements? If "No" is marked, the City will not permit drainage onto a City street from a private parking lot, the site plan shall be revised accordingly. 23. X Is concrete curb and gutter provided7 If "No" is marked, the City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 24. X _ _ Does the site plan comply with parking lot standards? The City requires that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 1002 crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 1002 crushed base and two inch bituminous mat. If "No" is marked, the site plan shall be revised to indicate compliance with these requirements: 4- N/A Yes No N/A Yes No 25. _ X Is it necessary to contact Bob Fasching, the City's public utility foreman, at 550 -7492? If "Yes" is marked 24 hours notice is required in advance of making any proposed utility connections to the City's sanitary sewer and water systems. All water connections shall be via wet tap. 26. _ X Is it necessary to contact Tom Vetsch, the City's Street Foreman, at 550 -7493 for an excavating permit? If "Yes" is marked 24 hours notice is required before digging within the City right -of -way. 27. _ X The City requires reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to the financial guarantee being released. 28. _ _ X{ Does the site plan comply with the City of Plymouth's current Engineering Standards Manual? If "No" is marked, see Items See Item Nos, 7. 11- 12. 14. and Special Conditions. 29 A. The developer is responsible for the restoration of First Avenue North. Submitted by: c-ic1 Daniel L. Faulkner, P.E. City Engineer 5- CHRIST MEMORIAL LUTHERAN CHURCH TENDER LEARNING CENTER Christ Memorial Lutheran Church was originally located at State Highway 12 and Ford Road in Minnetonka. With the development in the area, access to the highways became a problem and we chose to relocate the church. The present facility was built at its present location in Plymouth in 1969. It was built on the edge of an existing residential area, but in an agricultural area that was to be developed, with the idea of being a part of a growing area in the community. Over the years we have offered educational programs on weekday evening that have been open to the public. The church has served the community as a poling place for elections for many years. In 1986 we felt that day care was an important and integral part of the community and we started a christian day care center which is open to the community and at present serves some special needs students from the Wayzata Public School System. At this time, because of the continued demand for a christian day care facility in the community we feel a need to expand our program. To provide the space needed for this expanded program we must construct an additional structure to house these children. In addition to the day care in this additional structure there will be an area dedicated to the youth program at the church. This building will be a fully handicap accessible structure with handicap access to all rooms. This structure will be a free standing modular built structure of about 2670 square feet. The plan is to provide this structure on a temporary basis for about 5 years. At that time it is our plan to expand the present church and educational facility to incorporate this additional day care use. Our present day care facility serves about 76 children of all ages and our expanded program will serve about 107 children. f CHRIST MEMORIAL LUTHERAN CHURCH TENDER LEARNING CENTER Zoning Ordinance - Variance Standard The variance of a second building on the site is being requested as a temporary use for about 5 years to allow planning for an addition to the present structure. We feel this variance should be granted for us on a temporary basis because it has been allowed in the past in Plymouth at the Wayzata Schools. This temporary structure, since it is temporary in nature, will not have an effect on the value of the property. This hardship and request are caused by an existing ordinance only allowing one structure on a tax parcel and we have done nothing to create this condition. Our present building is a brick structure on about 5 acres of land. On the southerly side of the property is a low area owned by the City of Plymouth, which is undeveloped. To the east of the site is a single family residence that is screened from the area of the temporary structure by existing trees and bushes. To the north are single family homes and a group home and on the westerly side is County Road No. 61. The area across County Road No. 61 is industrial with one story buildings. With this parcel between industrial and residential uses it should blend into the community. The temporary structure will be a one story modular unit with nature tone colors to blend into the environment. Light and air supplies will not be impacted with a one story structure and there will be little change in the traffic flow. The temporary structure will be fully installed with fire detection equipment. All points of the building will be within 50 feet of an existing bituminous surface and no fire danger will be created. U 0 CHRIST MEMORIAL LUTHERAN CHURCH TENDER LEARNING CENTER Conditional Use Permit Standards At the present time there is a church building on the property with a state licensed day care facility. The day care facility operates at this location under a Conditional Use Permit. There is no change in that use, except the proposed temporary structure being requested. There is a continued need for quality day care facilities and we feel that the proposed structure is an enhancement to that program, as well as the community, by providing a christian day care facility to the neighborhood. Many of our children are Plymouth residents. Since this is only a temporary structure to be used for about 5 years it will not have an impact on the development in the area nor will it impede any orderly development on the surrounding properties. Because of the low number of parking spaces required for this facility it will have no effect on parking at the present facility and access will be to Sunset Trail and County Road No. 61, which are presently being used for access. There shall be no other effect on the property or the neighborhood and any change will be a change for the better with a community day care facility, which serves the immediate neighborhood. PKM SKMICK 9r A 2. Before any Oondit3AS:a1 Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evaluation against the standards of this section, Public Hearing, and development of a reacmnezrdati:on to the City Ccx=il, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the C %xvhensive Plan. 2) The establishment, maintenance or operation of the conditional use will prcuote 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 inmediate 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 inpede the normal and orderly development and 11,; rvvenent 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. foram:o >pl /cup.stnd /s) 10/89 e k' I I Z _eKS ;. 1 1 k': " r 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished fran a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or imprvvenents in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. fonns:o >pl /zon.stnd /s) 10/89 i P'% AIL- c = MWP INEWA mini MmW 11 IIIN11 11 I s 0 m IX I oll S; U O CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION' STAFF REPORT REPORT DATE: May 21, 1992 COMMISSION MEETING DATE: June 3, 1992 FILE NO.: 92039 PETITIONER: Quantum Development REQUEST: Conditional Use Permit for a K -12 Private School LOCATION: 12325 State Highway 55 GUIDE PLAN CLASS: Public /Semi - Public ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: The Beacon Heights School was closed by the Wayzata School District in 1982. On August 20, 1984, the City Council, by Resolution 84 -546 denied a Land Use Guide Plan amendment and rezoning of this site from the R -1A (Low Density Single Family Residential) District to B -1 (Office Limited Business). On July 1, 1991, the City Council, by Resolution 91 -360, approved a Conditional Use Permit for a daycare facility and a private school; and, by Resolution 91 -361, approved a Conditional Use Permit for a private nursery school; by Resolution 91 -362, approved a Site Plan for parking lot expansion and variance for Quantum Development; and, by Resolution 91 -363, approved a Lot Consolidation for the Beacon Heights School. On May 4, 1992, the City Council, by Resolution 92 -245, approved a Site Plan and Conditional Use Permit for a parking lot expansion for Quantum Development. 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. This request is for a private coeducational nonprofit school for Kindergarten to Grade 12. The school will at full implementation occupy the remaining 16,000 square feet of an existing structure and will be implemented in two phases. The first phase will include 8,000 square feet. A total of 140 students is proposed for this school at full occupancy, with the first phase accommodating 40 students. The complete facility will include seven classrooms, with two in the first phase; and, will be open from 8:00 a.m. - 5:00 p.m. with extended hours for extracurricular activities. i • Page Two, File 92039 2. The Planning Commission, in consideration of a Conditional Use Permit must find the six standards of Section 9, Subdivision A, Paragraph 2a are complied with. A copy of the Conditional Use Permit standards is attached along with the petitioner's narrative. PLANNING STAFF COMMENTS: 1. The use of this existing facility for elementary level education has been historic. At one time 400 Kindergarten to 6th Grade students attended the facility. While the level of activity on the site would increase by this use over the current use, and that of the past few years, the aggregate scale of activities resulting from these 140 students, and the existing day care (250 students), would be similar to that previously established on the site. 2. The new factor represented by this application is the introduction of Junior and Senior High School age groups to the site. Typical differences in activity type and level that can accompany this older age group include expanded outdoor physical education and extra curricular athletics; and, for the Grades 10 -12 student automobiles. It is for these and other reasons State standards for Junior and Senior High School sites call for substantially more per pupil site area, with campus size minimums greater than the Beacon Heights site area. 3. Rehabilitation of the Beacon Heights facility is progressing - -a credit to the current owner /developer and his present tenant. We recognize that continued rehabilitation of the facility depends on additional tenants. To that end we find the use of the structure for 40 or 140 elementarx age students (Grades Kindergarten to Six) to be responsive to the Con itiona Use Permit standards. 4. We find the potential impact on the adjoining neighborhood could be significantly different with the introduction of students in Grades 8 to 12-- particularly related to outdoor physical education and student automobiles. Because of this potential we find the use - -as it relates to Grades 8- 12 - -will not meet the Conditional Use Permit standards #2 and #3 toning Ordinance Section 9, Subdivision A, Paragraph 2a.), regarding public welfare and the use and enjoyment of other property in the immediate vicinity. 5. We recommend approval of a Conditional Use Permit for Phase I (as stated by the applicant) for 40 elementary age (through Grade 6) students only. Additional numbers, or higher grade levels, could be considered by an Amended CUP following evaluation of elementary level operations at the 40 student size; and, based on a detailed analysis and a plan by the applicant to address the added site impacts from students in Grades 7 -12. i Page Three, File 92039 RECOMMENDATION: I hereby recommend approval of the Conditional Use Permit in conformance with the conditions of the attached resolution including a limitation to 40 students in K -6 gr MA levels. Submitted by: Charles E. Dillerud, Community Deve opment Director ATTACHMENTS: 1. Resolution Approving Conditional Use Permit Amendment 2. Conditional Use Permit Standards 3. Petitioner's Narrative 4. Location Map pc /jk /92039:jw) APPROVING CONDITIONAL USE PERMIT FOR QUANTUM DEVELOPMENT FOR THE FOUNDATION FOR APPLIED STUDY TECHNOLOGY, INC. LOCATED AT 12325 STATE HIGHWAY 55 (92039) WHEREAS, Quantum Development has requested approval for a Conditional Use Permit for The Foundation for Applied Study Technology, Inc. to operate a K -12 private school for property located at 12325 State Highway 55; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval of an amended use configuration; 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 Quantum Development for The Foundation for Applied Study Technology, Inc. for a Conditional Use Permit to operate a private school for property located at 12325 State Highway 55; 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 The Foundation for Applied Study Technology, Inc. for a private school 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. Signage relative to the use shall be per ordinance standards and the property owner shall apply for any permits and shall account for total signage for the building. 6. All parking shall be offstreet in designated areas which comply with the Zoning Ordinance. 7. Operating hours shall be 8:00 a.m. to 5:00 p.m. week days with extended hours for indoor extracurricular activities only. 8. Maximum enrollment, including any secondary uses, shall be 40 students in the grade and age levels Kindergarten to grade 6 only. 9. A copy of the current State Operating Certificate and /or license shall be kept on file with the City. 10. The permit shall not be issued until the required building improvements have been completed and approved by the City. 11. No variances from any City ordinance or code standards regarding this use are granted or implied by this action. res /pc /92039:jw) FROK SBCTICN 9, S[IDDIVISIC N A 2. per. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Ccnvdssion for purposes of evaluation against the standards of this section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning CcnvLi.ssion shall review the application and consider its conformance with the following standards: 1) Ccmpliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. forms: o>pl /cup. stnd/s) 10/89 92039 Exhibit B We are applying for a conditional use permit at the Beacon Heights School, 12325 State Highway 55, in order to house a co- educational, non - profit school which is for grades kindergarten thorough twelve. Our school will occupy approximately 16,000 square feet of the building that we will occupy in two (2) phases. Each phase will be approximately 8,000 square feet. Renovations will be complete and we should be ready to move in no later than September 1, 1992. Phase one of our renovated space will be able to fully service 40 students. Phase two will accommodate an additional 100 stu- dents for a total of 140 students. The proposed space will have two classrooms in phase one, and five additional classrooms in phase two. There will also be a kitchen, office and a boys and girls lavatory. Parking for both phases (total of 7 classrooms) is duly provided under site plan previously submitted to your city. The school will be open Monday through Friday 8:00 to 5:00 with extended hours for occasional extra curricular activities. Our school is addressing the fact that all children have different learning speeds. The curriculum is tailor made for the individual child who can learn at his own optimum speed, who does not fall be- hind, or get oard ith too much repetition. All of our teachers will be certified in Minnesota and will receive additional extensive training on how to apply this technology of study to our students. We do conform with the standards set forth in Section 9 of the Plymouth Zoning Ordinance, condi- tional use permit standards. 1.) The school is in compliance with the Comprehensive Plan because the building is guided and zoned for residential use which is the zoning required for school use. 2.) The school will provide a service that will enhance and promote the general public welfare and it will in no way endanger the public health, safety, morals or comfort. It will take a vacant building and put it to good use. 3.) The school will not be injurious to the use and enjoyment of the property in the area nor impair property values. 4.) The establishment of the conditional use will not impede the normal and orderly develop ment 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.) We will conform to all applicable regulations of our district. CXUD7 QUANTUM DEVELOPMENT, INC. 202 Peninsula Road Medicine Lake, Minnesota 55441 MAY Mr. John Keho, Associate Planner City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 May 28, 1992 Re: Conditional Use Permit Application (92039) Foundation for Applied Study Technology, Inc. Dear Mr. Keho, As we discussed, Beacon Heights was originally built as a Kindergarten through 12th grade school building and was used for all grades and high school for many years. With Wayzata Schools' numerous locations in the later years, the Beacon Heights building was used only for grades K through 6 during the last years they used it. The proposed use under this conditional use application would be for the use of the building exactly as it was originally designed and built: Kindergarten through grade 12. If you have any questions or comments, please call me at 544 -0965. Sincerely, Clint Carlson President QUANTUM DEVELOPMENT, INC. 202 Peninsula Road Medicine Lake, Minnesota 55441 Mr. John Keho, Associate Planner City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 9 2.031 May zsLEOME MAY 28 Re: Conditional Use Permit Application (92039) Foundation for Applied Study Technology, Inc. CITY OF PLYMOUTH Dear Mr. Keho, OMMUNITY DEVELOPMENT DEPT I am writing in response to the questions in your letter dated May 15, 1992. 1.As we discussed by phone, we are supplying 57 parking spaces on the site under the site plan recently approved. This is in comparison to the required 32 spaces (18 for Family Child Development Center and 14 additional for this school). The tenants will not be using the parking along the frontage road. As we agreed, no physical changes will need to be made to that area along the road from the way it is now. 2. The architect will be supplying the working drawings to provide compliance with current building those and fire codes. However, except for compliance items, no other changes to the building are planned.ysl 3. Our site plan dated April 15, serve the two different levels of 1992, shows 2 handicapped the spaces to project. Zoe a) The southern most space southwest of the building will be a a handicapped space. b) Of the 13 spaces on the north side of the project, the most westerly space will be a handicapped space. 4. Summary of Uses at the Project Tenant Use Maximum Pupil Famil hiTd Development Center rT - eschool & Daycare 1 Foundation for Applied Study K =12 School 1.40 Technology, Inc. Total for both schools If you have any questions or comments, please call me at 5440965. Sincerely, Clint Carlson President 0 i AWL Ir mom I I 1 w Sm N :7 A ttttt• ' : ; p[ IF ,k' {{' t .(E rF• E_r itsrfttlIrF `r' jIF ii il f I I rI [`r I [IF 'Ii ti Ifr f =(i t • !i B i F .'tff a rit I ii r fl 1 {fr i j I It [! If t i If'I [ If ' p Ft' 14 i I [ 3t4: I fri.F[+tF[tteBtfF' . 1 [ iFr tl { I j !{t i E 0 fi s }i;l rF rtr i{ Eli fI s [R' I g1 I Fi rE ! I t t t Ertl Ii. F I iirrr it i; Fr ii [F 1i L_ : i s i s r•I [f [[lfE[`tI'r{`[ t t rtlt it [ if EIf = r,[ i•t[[!, r r r fly rr• tit jFF rf s == e0p 1 EF)f Ft =j i _ Opp p SIf r. • i1r 1 r t _ C o '• I I i i }s f i nil v - y._ l A SITE PLAN rte e..•t.+•37Fa3._ FAMILY CHILD DEVELOPMENT CENTER It ;r iI =I ifiricl t FFFr.• II.` r i I i t w. r.w........ w.r. rw, r•..w rw.• •wrowr nil v - y._ l A SITE PLAN rte e..•t.+•37Fa3._ FAMILY CHILD DEVELOPMENT CENTER OFFICES, ASSOCIATION rr w.._.; • ... 1225 HIGHWAY 5b PLYMOUTH MN. w. r.w........ w.r. rw, r•..w rw.• •wrowr i N I a j n a wL . i i Fc C Ki1C1 •n G •. .. Garber CI•u Room Close Room orrle• sr FJoor or•A APP /, t J TA, h ,LNG n ^Bcn- N a Q I cost Reem .' ULL Rlneeyrlen Wwk Room lest« 1 Clots Room leunoe Suo•ly & Class Room Class RoomWork 2„a Floor 0 c 4 . is / F T_ r, S I 3i MEMO • CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55441 DATE: May 29, 1992 TO: Chuck Dillerud, Community Development Director FROM: John Keho, Associate Planne r SUBJECT: ROCKFORD ESTATES (92012) I have reviewed the Rockford Estates revised plans dated May 28, 1992. The revised plans include five additional planting beds at the two driveways and adjacent to their development sign which will consist of "two ton 1k inch washed river rock, 20 boulders, four Gold Drop Potentilla, four Mock Orange, two purple leaf Sand Cherry and two variegated Dogwoods ". The revised plans also include adding window panes to the windows and to add two additional windows to the second floor of the end units. A second floor overhang above the two exterior doors has also been proposed by this plan. There are no other revisions to the plans. pc /jk /cd.92012:dh) 4.oA* 9_Y_, CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 22, 1992 TO: PlanniWi2oCi,,one rs FROM: Chuck ommunity Development Director SUBJECT: GOFF H) The Planning Commission requested that this application be brought back to the table at the May 27, 1992 meeting. It is my understanding that there has been at least one and perhaps two meetings involving the neighbors and Mr. Goff since the April 22, 1992 Planning Commission meeting. As of the agenda publication deadline, neither Mr. Goff nor the adjoining neighbors have presented any additional information or graphics to be transmitted to the Planning Commission. Also, any modifications to the plans that may be presented on May 27, 1992 have not had the benefit of Development Review Committee consideration. I have attached all agenda materials received by the Commission with their April 22, 1992 agenda packet as well as the minutes from April 22, 1992 regarding this item. Attachments: 1. Planning Commission Minutes of April 22, 1992 2. Original Goff Homes Agenda Packet pl /cd /pc.5 -27) planning ppr1 22, age X Commission Minutes 1992 Commissioner Zylla stated that he was concerned about the parking, and felt that the prior plan should not relieve developer of new ordinance requirements. Roll Call vote. 4 Ayes, Commissioner Zylla VOTE - MOTION voted Nay. MOTION carried on a 4 -1 vote. CARRIED Chairman Stulberg introduced the request by GOFF HOMES, INC. Goff Homes for rezoning from FRD to R -4; (92012) Site Plan; and Conditional Use Permit for attached housing located at the west side of Xenium Lane at 37th Avenue North. Director Dillerud reviewed the April 13, 1992 staff report. Chairman Stulberg introduced Mr. Pat Goff, the petitioner. Mr. Goff stated that the proposed townhomes would be like those that have been built at 44th Place. He said that the anticipated occupancy would consist of 66 percent single persons, 30 percent empty nesters, and 2 -3 percent young couples. He said the models are open for review. Commissioner Scherer asked what was located on southeast corner of the Site Plan. Mr. Goff responded that it was an existing family home. He said he purchased the property from the owner of this site. Mr. Goff stated that he intends to develop 20 -40 units each season. He stated that because of the large assessments against the property, he would like to complete the property sites on the east and west, north of the north roadway first. He said this would give complete circulation through the site without disturbing existing Xenium Lane to the north. Chairman Stulberg opened the Public Hearing, and introduced letters into the record which were received at the table prior to the meeting. Chairman Stulberg introduced Attorney Scott Miller who stated he is representing homeowners in the area. April 22, 1992 Page 59 Mr. Miller stated what the, purpose and intent of the zoning ordinance is in regard to the public welfare. He stated that the Planning Commission should evaluate this proposal as it did not comply with the Conditional Use Permit criteria Nos. 2, 3, and 5 of Section 9 of the Zoning Ordinance. Mr. Miller stated that this request would be injurious to his client's land use and diminish the property values of neighboring property owners. He said that the increase in traffic endangers health and welfare of the neighborhood. Mr. Miller stated that the City codes and ordinances should reflect current public opinion. Mr. Miller said he wanted to know if the timing of the anticipated phases of development were realistic, and what if subsequent phases are not completed. He said the neighbors want to see if there are some alternatives uses for this land. Mr. Miller requested that the Planning Commission deny or table this request so that neighbors can meet with developer and City to explore other options, as they felt there had not been enough time from the time of property owner notices to discuss this proposal. - Chairman Stulberg introduced Ms. Sharon Maslow of 13210 -35th Avenue North. Ms. Maslow presented a petition to the Commission which she wanted entered into the record, signed by neighbors who oppose this request. She stated the high traffic, noise pollution ..and anticipated decrease property values would be detrimental to the neighborhood. She stated that one of the signatures on the petition was that of the owner of the site at the southeast corner, and another was the signature of the manager of the Stonehill Apartments. She said that the Stonehill Apartment have not created any problems for the neighorhood and that the management is supportive of the neighborhood's opposition to this proposed development. Planning Commission Minutes April 22, 1992 Page 60 Ms. Nancy Scott of 3530 Wedgewood Lane stated that she was concerned with aesthetic design, density and the anticipated loss in property values for surrounding property. Ms. Brenda Admire of 3620 Wedgewood Lane stated that she feared the devaluation in surrounding property, and was concerned over the heavy density, noise, and traffic that would result in the area from this proposed development. Ms. Admire stated that she is a realtor and it is difficult to sell homes in this area because of the closeness to the highway and the high density of the area. She stated that this type of development such as Sagamore and Trenton Place had decreased the value of surrounding property. She said this location is the gateway of Plymouth, and it is important to the impression you want people to have when they enter the City. She stated that she would like the City to maintain its high standards. Chairman Stulberg asked Ms. Admire when she bought her home. Ms. Admire stated that she bought her home in 1986. Chairman Stulberg stated that this guiding has been in place since 1973. Mr. Miller stated that the homeowners in the area did not understand what would go into this area when they bought their homes. Chairman Stulberg stated that the property owners of the developable land sites also need to be protected. Chairman Stulberg introduced Mr. Leo Timmerman of 3630 Wedgewood Lane. Mr. Timmerman stated that the Planning Commission is obligated to the people living in the area. He said he built his home in 1989 and was told it was zoned as is, and that the development would be similar to the Stonehill Apartments. He April 2 Page 61 1992 said he is not happy with the $60,000 value of the proposed townhomes. Chairman Stulberg introduced Mr. David Griffith of 13220 -35th Avenue North. Mr. Griffith showed the Commissioners some photographs and gave them a letter also stating his concerns. He said he does not live within 500 feet of the proposed development, but said that there had not been enough time between the receipt of the property notices and the public hearing for citizens to react and research information regarding this development. He said he had obtained copies of 44th Avenue and Fernbrook Lane development done by Goff Homes. He said he checked out this plan, and that what he saw at the site was different than what is on the plan. Mr. Griffith stated he could not see where there would be room for berms for buffering in the proposed project. He said he was also concerned that the parking spaces of 2 1/2 for each unit would place too much asphalt on the site. He said this development would negatively affect the quality of life for the neighborhood, and he was opposed to another development such as Fernbrook Manor. Mr. Griffith stated that he was surprised to hear that the Xenium Lane project had been moved up in the Capital Improvement Program, which will result in increased traffic on Xenium Lane. He said the kids need a park in this area. He stated that there has been constant construction in the area, and if this proposed development takes 5 or 6 years to complete, it will not be pleasant for the neighborhood. He asked the Commission to give the neighbors time to review the situation. Mr. Miller stated that he assumed the phases would not be complete until 1996. Chairman Stulberg introduced Mr. Ed Thode of 3540 -35th Place. Mr. Thode stated that in 1985 Graham Development received approval for a zoning change to R -2. He said he expected Planning Commission Minutes April 22, 1992 Page 62 multiple dwellings to be built on this site, but he would like to see a lower density. He said he was not aware of the 1988 plan for rezoning. Chairman Stulberg introduced Mr. John Doom 3600 Wedgwood Lane. Mr. Doom stated that he was concerned with the low cost of the proposed townhomes, and said this project does not fit in the neighborhood. He said he would like to see a better design with more aesthetics. He asked the Commissioners if any of them or any of the City Council members would benefit financially from the approval of this project. Chairman Stulberg explained that the Commissioners would not benefit financially from this proposal, and that in a case where there is a conflict of interest, the Commissioners would remove themselves from the discussion and vote on a proposal. Chairman Stulberg introduced Ms. Nancy Lykkehop of 3505 Wedgewood Lane. Ms. Lykkehop stated that the Fernbrook Manor project landscaping is still not completed. She asked if there would be pet areas, walking areas, and places where the snow could be piled. She asked how the laws would govern the association in regard to parking for - recreational vehicles, privacy, and what the cost of the association dues would be. Ms. Lykkehop stated that the dues for Fernbrook Manor were only $60 and wondered if the amount for this development was similar if it would be enough to cover future needs of the development. She said the neighbors deserve a development such as Stonehill. Mr. Miller stated that the concerns of the neighbors are sufficient to raise concern as to whether the standards of the City are being complied with, and asked that this request be at least tabled. Chairman Stulberg introduced Mrs. Linda Mulligan of 13005 -34th Avenue North. April 22, 1992 Page 63 Mrs. Mulligan stated that she was concerned with the increase in traffic on Xenium Lane and the safety of children in the area resulting from the anticipated traffic increase. She said she was a realtor and would like to she some improvement in the aesthetics for this development. Chairman Stulberg introduced Mr. Mike Mulligan of 13005 -34th Avenue North. Mr. Mulligan stated that the Fernbrook Manor townhouses did not sell well and this will probably be the case with these townhomes as well. Chairman Stulberg introduced Steven Piazza of 13410 -36th Avenue North. Mr. Piazza stated he was concerned with Xenium Lane street project and asked when it would be started. City Engineer Faulkner stated that a preliminary report has been ordered for Xenium Lane; easements and right -of -ways will have to be taken care of; and, he projected the work could begin in late summer. Mr. Piazza asked what the zoning is along Xenium Lane extended to Northwest Boulevard via 38th Avenue North. Director Dillerud guiding in the area corridor would be Residential). Mr. Piazza stated Commission should guiding in regard to by Goff Homes. responded that the of the Xenium Lane LA -1 (Low Density that the Planning consider this LA -1 the proposed project Chairman Stulberg introduced Ms. Bev Kottas of 3380 Sycamore Lane. Ms. Kottas stated that she was the President of Heritage Highland Homeowners Association, and that they were not aware of this request for development until Thursday. She said they are concerned with the high density and quality of the homes proposed, and the development would not be Planning Commission Minutes April 22, 1992 Page 64 so objectionable if it was upgraded. She said that curb appeal needs to be looked at, as well as how the upkeep could be managed financially by the purchasers of these lower priced homes. She stated that insufficient parking could be a problem. Chairman Stulberg introduced Mr. Brian Anderson of 3735 Vinewood Lane. Mr. Anderson stated that four years ago he saw a development such as this one proposed changed to single family homes. He said it was important to look at alternatives for this site. Chairman Stulberg introduced Mr. Marc Maslow of 13210 -35th Avenue North. Mr. Maslow stated that the quality needs to be upgraded in the Fernbrook Manor project, and he fears that this development will be the same quality. He said the Commission should do what is right and should not be bound by the law, as this development will effect all future development in Plymouth. Chairman Stulberg introduced Mr. Brad Haigh of 3780 Rosewood Lane. Mr. Haigh stated that he was against this project. Chairman Stulberg introduced Mr. Douglas Godfrey of 3770 Rosewood Lane. Mr. Godfrey stated that he has seen some 60,000 units located at the Crosstown and Highway 18 that are very appealing, and said that some good projects can be done for this dollar amount. Mr. Steve Piazza was recognized a second time and he stated that this proposed development has been a strain on his family because they believe that the value of the family's "dream home" will be reduced by this project. Mr. David Griffith was recognized a second time and stated that he was against the Xenium Lane roadway project. Planning April 22, Page 65 Commission 1992 Chairman Stulberg recognized Ms. Sharon Maslow a second time. Ms. Maslow stated that the rezoning of some of this land approved in 1985 was just recently published in the Sailor and that the City deliberately delayed the publication to mislead the neighbors. Ms. Maslow stated that zoning can be changed and it is the duty of the City to notify all residents of changes. Chairman Stulberg recognized Ms. Bev Kottas a second time. Ms. Kottas stated that she was in favor of the Xenium Lane extension, but that she also wanted Vinewood Lane extended. Chairman Stulberg recognized Mr. Griffith who stated that he had asked the City what the taxes on the proposed units would be and was told that taxes would be $600 per unit. Mr. Griffith stated that approval of this development would not be fair to those people who live across the road from this proposed site, and who pay $9,000 a year in taxes. He said this proposal is not an economic investment for the community as it will increase the number of children in the schools, which are already crowded. Mr. Miller was recognized again by Chairman Stulberg. Mr. Miller stated that the question of property taxes is a quality issue and the neighbors do not want to see the City tax base diminished by low income development. He said if there were time more issues could be raised and addressed. Mr. Leo Timmerman was recognized by Chairman Stulberg a second time. Mr. Timmerman stated that he had talked to an appraisal agent about what would happen to the value of his property if this development were approved. He said he was told by the agent to get an immediate reappraisal of his property, because the value would decrease, and he could then request that his taxes be lowered. Planning Commission Minutes April 22, 1992 Page 66 Chairman Stulberg called upon the following citizens who had filled out blue cards to speak at the Public Hearing. Each of the following responded that, they were against the request by Goff Homes, Inc., and that their concerns had been expressed by those who spoke before them. Tony Andreason, 13300 -34th Ave. N. Claudette Battaglia, 13205 -35th Ave. N. Frank Baeumler, 13325 -35th Ave. N. Robert Bemel, 13395 -36th Ave. N. Ken Bowers, 13430 -35th P1. N. Chuong Van Dao, 13425 -35th P1. N. Mary Anne Doom, 3600 Wedgewood La. N. Dianne Fuller, 13300 -35th Ave. N. Paul & Nancy Hammonds, 13415 -35th Ave. Carl Hedberg, 13420 -36th Ave. N. Eileen Hedberg, 13420 -36th Ave. N. Stu Holmer, 13120 -38th Ave. N. Howard Juul, 3615 Wedgewood La. N. Randi Livon, 13395 -36th Ave. N. John Love, 3650 Xenium Lane Wade Lykkehoy, 3505 Wedgewood La. N. Norma Miller, 13415 -36th Ave. N. Gary Petersen, 3520 Wedgewood La. N. Ray Roeller, 3400 Rosewood La. N. Mike & Sue Smed, 13310 -35th Ave. N. Larry Solberg, 3625 Wedgewood La. N. Candace Streeter, 13215 -35th Ave. N. Ed Streeter, 13215 -35th Ave. N. Stephanie Streeter, 13100 -35th Ave. N. Doug Templeton, 3510 Wedgewood La. N. Dawn Timmerman, 3630 Wedgewood La. N. Steve Tranter, 3650 Wedgewood La. N. Chairman Stulberg closed the Public Hearing. Chairman Stulberg requested that Mr. Goff answer the questions raised during the Public Hearing regarding pet areas and snow storage. He also asked what happens if a builder does not complete a part of the development such as landscaping. Director Dillerud responded that all builders are required to post a financial guarantee with the City which includes landscaping and other required site improvements. If the builder pulls out of the development without completing such items the financial guarantee would be used by the City to complete the requirements. I-ranirii[y %,wiuui April 22, 1992 Page 67 Mr. Goff responded that homeowners are expected to clean up after their own pets; snow would be stored between and at the ends of the parking areas, and there is too much snow the Homeowners Association would have to contract with someone to truck it out of the area. He stated that the common area is everything outside the building sites. Carol Goff responded to the questions regarding the Homeowner Association documents stating that the dues will be sufficient to take care of needs. She said that a budget is submitted to FHA to be certain that adequate funds are available for improvements needed through the Homeowners Association. She stated that the exterior of the building, except garage doors, would be. aluminum which requires very little maintenance. She stated that recreational vehicle parking is not allowed. She said the City has a copy of the document. Mr. Pat Goff stated that the $60,000 units should not devalue property in the area; that all property values are driven by supply and demand. He said the Homeowners Association gives the protection to the neighborhood that the development will be maintained. He discussed the placement of trees along Xenium Lane and the aluminum siding and brick construction of the townhomes. Mr. Goff stated that the income of persons owning the townhouses at Fernbrook Manor range from $20,000 to $90,000. He said that 30 percent of the buyers anticipated for this new development will be empty nesters who will pay cash for their home. He said this type of development satisfies the needs of those who want to stay in the community, and that many of these owners consider their home their "dream home ". Mr. Goff stated that the reason he plans to build over the next 5 to 6 years is because his company employs the same people to work on all their developments, including those in other communities, to ensure the work is Planning Commission Minutes April 22, 1992 Page 68 well done, and Goff Homes stays with the Homeowners Association until all work is completed to the satisfaction of the association. He said that supply and demand drives property values and Goff Homes strives to build as good a product as can be found. Carol Goff stated that Goff Homes is still on the Fernbrook Manor Homeowners Association Board. She said that the people living in these $60,000 homes are respectable, honest people who want to live in Plymouth too and deserve this right. Pat Goff stated that he has looked at alternatives and feels this proposal is right for the site. Chairman Stulberg asked Mr. Goff how many garage units will be attached to each townhouse. Mr. Goff responded that there will be a one car garage for each unit. Chairman Stulberg asked for an explanation of the market for this type of home. Mr. Goff stated that the Fernbrook Manor development will begin its 3rd Phase this year. His plan for this new requested development is for 24 -36 units this season. He stated there is market potential for this type of housing. Director Dillerud explained that the Parks and Trails Plan shows the neighborhood park at Plymouth Creek and Northwest Boulevard with a trail running along the Creek. Access south to that trail will be by a painted lane on Xenium Lane. Chairman Stulberg asked for an explanation of the notice discussed by Ms. Maslow regarding the Xenium Lane, Vinewood extension. Director Dillerud explained that the notice seen in the Sailor by Ms. Maslow was not a notice of public hearing; it was the publication of the rezoning which is not done until after the Final Plat was filed with the County. This action takes place Planning Commiss April 22, 1992 Page 69 pro forma after the approval by the City Council - -which had happened in 1985. Chairman Stulberg asked what became of the Gaughan Company, who had previously received approval for development on this property. Director Dillerud explained that the Gaughan Company has become a management focused company and sold the land. They now manage apartment complexes. Commissioner Wigley asked Mr. Goff if he could work with the neighborhood to resolve their issues. Mr. Goff stated that the neighbors should look closer at the 44th and Fernbrook Lane project; talk to some of the people who own the townhomes to see how valuable their property is to them; and, view the good quality materials that have been used. Commissioner Wigley asked what kind of compromise could be made by Goff Homes to meet with the neighbors. Mr. Goff stated that the development has to make economic sense because of the large assessments on the site. He said it would be difficult to determine where to start on a compromise. He said valuation is a perceived thing in today's tight market, and compromise is an arbitrary thing. He said that he does not want to compromise as he feels he knows what is right for this site. Chairman Stulberg stated that the issue concerning tax rates is not something that can be handled by the Planning Commission. The tax issue can be discussed with the City Council. Carol Goff stated that a possible compromise could be accomplished by the use of only one color on all the units instead of different colors, which would be a perceived value (like Stonehill), and they could do something at the entrance such as Stonehill. She said they could possibly do some heavy planting on the site, to give perceived value. Planning Commission Minutes April 22, 1992 Page 70 Commissioner Scherer stated that he thought the side view of the buildings could be improved by adding some windows which would create a more pleasing look rather than the solid wall. Commissioner Zylla asked if the prior rezoning of this site had been premature. Director Dillerud stated that the Rezoning was approved by the Planning Commission and City Council. The rezoning is not published in the newspaper until the Final Plat is filed with the County. The Final Plat for this site was never recorded with Hennepin County. Commissioner Wigley stated that he felt that the neighborhood is "up in arms ", and the developer is unwilling to compromise. MOTION by Commissioner Wigley, seconded by MOTION TO DENY Commissioner Zylla, to recommend denial of the request by Goff Homes, Inc. for Rezoning from FRD to R -4, Site Plan and Conditional Use Permit located at the west side of Xenium Lane at 37th Avenue North, stating that this request does not meet Condition No. 3 of the Conditional Use Permit criteria. Commissioner Wigley stated that the issue of compromise was not a threat; but his motion to deny would leave it up to the developer to agree to a compromise with the neighbors, or drop the plan. Commissioner Zylla stated that the guide plan for this site will still be LA -4 (High Density Multiple Residence District) if the request is denied. He said that it is possible for someone to submit a new request for the site which would be liked even less by the surrounding neighbors, which could include a higher density than what is currently being proposed. Commissioner Scherer stated that another possibility for development on this site could be a rental project instead of owner occupied townhomes, and this would probably be liked even less than what is currently being proposed. Planning Commission Minu April 22, 1992 Page 71 s Chairman Stulberg stated he was against the motion to deny this request, but that he would like to see developer meet with neighbors. He said this will give the neighbors more time to review the proposal. MOTION to table by Commissioner Scherer to give interested parties more time to review the project. The Motion died as there was no second. MOTION by Chairman Stulberg, seconded by Commissioner Scherer to table the request until the second meeting in June, with the requirement that the developer meet with the neighbors before the May 27, 1992 meeting. Roll Call Vote. 4 Ayes, Commissioners Wigley and Zylla voted Nay. MOTION carried on a 4 -2 vote. Meeting adjourned at 12:15 a.m. MOTION TO TABLE MOTION DIED MOTION TO TABLE VOTE - MOTION CARRIED CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: April 13, 1992 COMMISSION MEETING DATE: April 22, 1992 FILE NO.: 92012 PETITIONER: Goff Homes, Inc. REQUEST: Rezoning of 16.11 acre site from the FRD (Future Restricted Development District) to the R -4 (High Density Multiple Residence District); a Site Plan for 13 multiple family buildings with a total of 156 units; and, a Conditional Use Permit for attached housing. LOCATION: West side of Xenium Lane at 37th Avenue North. GUIDE PLAN CLASS: LA -4 (High Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: On February 6, 1984, the City Council, by Resolution 84 -74 approved a Lot Division and Variance for this property. On March 7, 1988, the City Council, by Resolution 88 -153 approved set conditions prior to approving zoning of this site from the FRD to R -4 District, by Resolution 88 -154, approved a Preliminary Plat for this site, and by Resolution 88 -155, approved a Site Plan and Conditional Use Permit for 152 units consisting of 62 coach house units, 55 townhouse units and 35 apartment units. This project was never constructed. Consistent with the terms of the Zoning Ordinance, the Site Plan and Conditional Use Permit approvals expire when no building permits were applied for within 12 months. 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. While we have referenced rezoning from FRD to R -4 in the published Public Hearing Notice and in the property owner's letters, our subsequent file research reveals rezoning to R -4 was approved by the City Council on March 7, 1988. Since the publication of the rezoning ordinance - -the effective execution of the rezoning direction- -was subject onl) to recording of the Final Plat with Hennepin County, no City rezoning action appears necessary at this time. Because of the passage of time we recommend the rezoning be simply reaffirmed at this time. The R -4 zoning continues to be consistent with the LA -4 (High Density Residential) classification of this site by the Land Use Guide Plan Element of the Plymouth Comprehensive Plan. The LA -4 classification of this site was reaffirmed by the City Council on December 1989 with the approval of the new City -wide Land Use Guide Plan Element. 2. The petitioner is also requesting approval of a Conditional Use Permit and Site Plan for a 13 building multifamily residential development totaling 156 units. The proposed development will have two access points onto Xenium Lane; at 37th Avenue North and 36th Avenue North. The petitioner is proposing to have 156 garage units and 234 surface parking spaces in this complex. 3. The Physical Constraints Analysis shows this property to be located within the Bassett Creek Drainage District. The site is not within the Shoreland Management District, but does contain wetland areas in the north edge of the property. There are no significant woodlands on this site. There are some slopes in excess of 12 percent on the eastern portion of the site. There are no physical constraints to urban development with public sewers on this site. 4. At the present time, Xenium Lane has not been constructed to intersect with County Road 9 as is proposed by the Thoroughfare Guide Plan. A dirt road extends north from Xenium Lane connecting to County Road 9 in the vicinity of the Cottonwood Plaza Shopping Center. The extension of Xenium Lane to County Road 9 and 38th Avenue North to Northwest Boulevard is part of Year 1992 Capital Improvement Program. 5. The Planning Commission must find the Conditional Use Permit consistent with the six standards for Conditional Use Permits found in Section 9, Subdivision A of the Zoning Ordinance. A copy of the standards and the applicant's narrative is attached. 6. Development of this site as proposed is responsive to the conventional development standards of Section 7, Subdivision E of the Zoning Ordinance. Dwelling unit density is determined by the requirement of 4,000 square feet per dwelling unit. With adjustments being responsive to lot area credits and allowances provided by the ordinance, the minimum lot area may be reduced in size. The petitioner is not proposing any credits or allowances for this site. The petitioner is proposing 4,498 square feet per dwelling unit. 7. The Site Plan proposed meets or will exceed standards of the Zoning Ordinance and other ordinances and policies governing development of sites in the R -4 Zoning District. Specifically, offstreet parking is consistent with the Zoning Ordinance in regard for multiple family dwellings; parking areas and driveways will be constructed to the standards of the City including construction and ease of circulation; trash containment will be handled internally on a unit -by -unit basis; proposed signage meets Zoning Ordinance standards for residential developments; the Landscape Plan is consistent with the Landscape Policy; and, no rooftop mechanical equipment are proposed. 8. The exterior appearance of the structures will be a 12 -Unit building with a breezeway in the center of the building. The buildings will be two stories with a peaked roof and horizontal lapped siding. The appearance of the structures is consistent with the City Council Policy regarding site and building aesthetics and architectural design. PLANNING STAFF COMMENTS: 1. The rezoning from the FRD (Future Restricted Development District) to R -4 High Density Multiple Residence District) is consistent with the Land Use 2 - Guide Plan Element of the Comprehensive Plan. The City Council approved the rezoning of this site to R -4 in 1988 but the development was not built and the Zoning Ordinance was not published. 2. The Site Plan meets or exceeds all City standards with respect to development of multiple residence projects in the R -4 Zoning District. 3. Based primarily on consistency with the Plymouth Comprehensive Plan and applicable City policies, ordinance and standards regarding land development we find the application consistent with the Conditional use Permit Standards of Section 9, Subdivision A, Paragraph 2a of the Zoning Ordinance--assuming execution of the 1992 Plymouth Capital Improvements Program regar ing construction of Xenium Lane to County Road 9 and /or 38th Avenue North to Northwest Boulevard. 4. While it does not appear to have been an issue during 1988 discussion of development of this site, we now find the completion of an all weather north and /or east secondary access to this neighborhood to be a prudent condition to later stages of this development. The 1992 -1996 CIP has been approved by the City Council to include the Xenium Lane /38th Avenue North extension as a 1992 project. MaT has requested the City Council to order the engineering study at the April 20 meeting. These actions are the result of requests by residents of this neighborhood at the CIP Public Hearing February 26, 1992, and the subsequent Planning Commission recommendation to move this project ahead of the proposed schedule. 5. A limitation should be included in the Conditional Use Permit regarding the number of units to be constructed until Xenium Lane is completed to County Road 9 or 38th Avenue North is completed to Northwest Boulevard. Based on the likely timing of the road improvement and the applicant's statements on staging, the southerly five structures (60 units) may be a logical limitation. RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for the approval of a rezoning from the FRD (Future Restricted Development District) to R -4 (High Density, Multiple Residence istric nal Use Permit, and Site Plan. Submitted by: S E. ATTACHMENTS: 1. Resolution Approving Site Plan and Conditional Use Permit 2. Resolution Setting Conditions Prior to Publication of Rezoning Ordinance 3. Ordinance Rezoning from FRD (Future Restricted Development District) to R- 4 (High Density Multiple Residence District) 4. Engineer's Memo 5. Conditional Use Permit Standards 6. Petitioner's Narrative 7. Minutes of February 26, 1992 Hearing on the CIP 8. Communications 9. Location Map 10. Site Graphics 3- pc/jk/92012:jw) APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR GOFF ,MES, INC. LOCATED AT THE INTERSECTION OF 37TH AVENUE NORTH AND XENIUM LANE (92012) WHEREAS, Goff Homes, Inc. has requested approval for a Site Plan and Conditional Use Permit for a 156 unit multifamily project located at the intersection of 37th Avenue North and Xenium Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Goff Homes, Inc. for a Site Plan and Conditional Use Permit for a 156 unit multifamily project located at the intersection of 37th Avenue North and Xenium Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of recording of each Final Plat stage. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 5. Any signage shall be in compliance with the Ordinance. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within each building, and no outside storage is permitted. 9. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. No building permit to be issued until the Final Plat is filed and recorded with Hennepin County. 11. Compliance with the provisions of Resolution 89 -439 regarding tree preservation. 12. Building permits for Phases 3 and 4 shall not be issued until Xenium Lane is extended to Vinewood Lane or Northwest Boulevard; and, existing Xenium Lane is vacated. Phases 1 and 2 include the southerly 5 structures (60 total units). 13. No setback variances are approved. All setbacks for structures and parking /drive isles shall comply with Zoning Ordinance standards. The Site Plan shall be modified to comply with this condition. res /pc /92012:jw) SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR GOFF HOMES, INC. (92012) WHEREAS, the City Council has approved an Ordinance rezoning certain land located on the west side of Xenium Lane and 37th Avenue North from FRD (Future Restricted Development District) to R -4 (High Density Multiple Residence District) in conjunction with approval of the Site Plan for Rockford Estates; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for Rockford Estates to be filed with Hennepin County prior to the publication of said Ordinance. res /pc /92012.sc:jw) CITY OF PLYMOUTH ORDINANCE NO. 92- AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED WEST OF XENIUM LAND AND 37TH AVENUE NORTH AS R -4 (HIGH DENSITY MULTIPLE RESIDENCE DISTRICT) (92012) Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the .City of Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by changing the classification on the City of Plymouth Zoning Map from FRD Future Restricted Development District) to R -4 (High Density Multiple Residence District) with respect to the hereinafter described property: Insert Legal) Section 2. General Development Plan. This Ordinance authorizes the development of saicT tracts only in accor ance with the Plan approved for the File No. 92012. Section 3. Effective Date. This Ordinance shall take effect upon filing the Final Plat with Hennepin County and upon its passage and publication. Adopted by the City Council this ATTEST City Clerk cc /jk /92012:jw) day of . Mayor City of Plymouth E N G I N E E R ' S M E M O to Planning Commission i City Council DATE: April 15, 1992 FILE NO.2 92012 PETITIONER: Mr. Pat Goff, Goff Banes, Inc., 865 Aspen Circle, Little Canada, MN 55109 SITE PLAN: ROCKFORD ESTATES LOCATION: West Renium Lane, east of 494 in the south 1/2 of Section 15. N/A Yes No 1. _, _ _2_ Have watermain area assessments been levied based on proposed use? 2. _ _ Have Sanitary sever area assessments been levied based on proposed use? 3. _ _ Will SAC and REC charges will be payable at the time building permits are issued? These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 5. Other additional assessments estimated: None. LEGAL /EASEMENTS /PERMITS: 6. _ _ Is property one parcel? If "No" is marked, the approval of the site plan as proposed requires that a final plat be approved by the City Council. N/A Yes No 7. _ _ Complies with standard utility /drainage easements? If "No" is marked, the current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (61) in width adjoining side and rear lot lines. If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) Will comely when the final plat is recorded with Hennepin County. g. _ _ _JL Complies with ponding easement requirements? The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. If "No" is marked, the following changes are necessary: For the lion d in he north Portion of the site. 9. _ _ Are all standard utility easements required for construction provided? The City requires twenty foot (20') utility and drainage easements where these utilities are proposed to be installed. This item has been reviewed with the final site plan. If "No" is marked, the following changes are necessary: 10. X _ _ Have all existing unnecessary easements and rights -of -way been vacated? If "No" is marked, it will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process, it is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. _ _ Has'the Owner's Duplicate Certificate of Title has been submitted to the City with this application? If it is subsequently determined that the subject property is abstract nrooerty. then this reg, { cement does not A2211. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. _ _ _ZL Have all necessary permits for this project been obtained? The developer must comply with the conditions within any permit. DNR MN DOT Hennepin County MPCA State Health Department g Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers g Wetland Conservation Act of 1991 from City 13. _ J _ Does the Site Plan comply with The City's Adopted Storm Drainage Plan? If "No" is marked, the following revisions are required: 14. _ _ X Does the Grading, Drainage, and Erosion Control Plan comply with the City's erosion control policy? If "No" is marked, the following revisions are required: Silt fence or hay bales shall be provided around the catchbasins. A crushed rock berm shall be constructed in the driveways until the area is payed, 15. _ J _ Are necessary fire hydrants provided? If "No" is marked, the City of Plymouth requires five hydrants be spaced 300 feet apart. It will be necessary to locate hydrants in such a manner that .the site plan complies with Plymouth City Code Section 905.05. Is 'the size and type of material proposed in the utility systems included on the utility plans? If "No" is marked, the utility plan shall be revised to indicate the size and type of material. Sanitary Sewer x_ Natermain Storm Sewer 3- N/A Yes No 17. _ _ _ Is the post indicator valve and fire department connection provided? If "No" is marked, they shall be included in the site utility plan. 18. _ JL _ Are hydrant valves provided? If "No" is marked, all new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. 19. _ L. _ Are sanitary sewer clean -outs provided? If "No" is marked, it will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. N/A Yes No 20. ,L _ _ Acceleration /deceleration lanes provided? If "No" is marked, Acceleration /deceleration lanes are required at the intersection of and 21. _ _ Are all existing street rights -of -way the required width? If "No" is marked, an additional 23.5 feet of right -of -way will be required on Xenium Lane snaking the total distance from center line 40 feet. 22. _ X _ Does the grading plan comply with site drainage requirements? If "No" is marked, the City will not permit drainage onto a City street from a private parking lot, the site plan shall be revised accordingly. 23. _ ,L _ Is concrete curb and gutter provided? If "No" is marked, the City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 24. _ _ Does the site plan comply with parking lot standards? The City requires that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 1002 crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 1002 crushed base and two inch bituminous mat. If "No" is marked, the site plan shall be revised to indicate compliance with these requirements: 4- N/A Yes No N/A Yes No 25. _ L _ Is it necessary to contact Bob Fasching, the City's public utility foreman, at 550 -74927 If "Yes" is marked 24 hours notice is required in advance of making any proposed utility connections to the City's sanitary sewer and water systems. All water egMections shall be Via wet tjR. 26. _ _ Is it necessary to contact Tom Vetsch, the City's Street Foreman, at 550 -7493 for an excavating permit? If "Yes" is marked 24 hours notice is required before digging within the City right -of -way. 27. _ _ The City requires reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to the financial guarantee being released. 28. _ JL Does the site plan comply with the City of Plymouth's current Engineering Standards Manual? If "No" is marked, see Items 1. 2. 7. 8. 12, 14, 16. 21 and SR@cial Conditions, 29 A. A detail for the catchbasins shall be provided on the grading plan or utility plan. B. The revised storm drainage calculations are in the process of being reviewed. C. The B -612 curb detail shall be dimensioned D. Building permits for Phases 3 and 4 shall not be issued until Xenium Lane is extended to Vinewood Lane or Northwest Boulevard and existing Xenium Lane is vacated. Submitted by: 41 a. .ei /. Daniel L. Faulkner, P.E. City Engineer 5- PFCK S MMA 9, bZIDIVISIQi A re ego 2. $ Before any Oonditfonal Use permit may be granted, the application therefore, shall be referred to the Planning Ommiission for xim.; of evaluation against the standards of this section, Public Hearing, and development of a ro""taendation to the City Ommil, which shall make the final determination as to approval or denial. a. The Planning Commission shall rwiew the application and consider its conformance with the following standards: 1) Compliance with and effect upon the cmRzehensive 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 oomfort. 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 neigh ad=d. 4) The establishment of the conditional use will not impede the normal and orderly development and ivvanant of surrounding property for uses permitted in the district. 5) Adequate measures have been or will be taben to provide ingress, mss, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use small, in all other respects, conform to the applicable regulations of the district in which it is located. form:o>pl /cup.stnd /s) 10/89 GENERAL STATEMENT OF DEVELOPMENT FOR ROCKFORD ESTATES MAR 6 199? CITY OF PLYMOUTH CONCEPT p0MNtTY DEVELOPMENT KF A proposed multifamily residential development for the E. 1/2 of the E. 1/2 of the S.W. 1/4 of Sec. 15, TNSHP. 118 N, and R 22 W, in Hennepin County, City of Plymouth, Minnesota. Developer; Goff Homes, Inc. 865 Aspen Circle Little Canada, Minnesota 55109 612- 482 -0767 Existing Conditions d_ 16 acre Parcel is currently zoned agriculture and the and plan states further development to be R -4 D,_nsity Residential. The land is bordered on the west tt,_ 494 freeway, on the East with Xeniurn Lane and the ors the South by the Stonehill Apartment complex orer-t. narrows to a point cri the N4mrt`-. ;t : :ckfcr,u 71 _ i s .. single family home at the S.E. corner of Th h ,s, c•,_er undr_r cultivat.: _.n and is still bcinz Z., __ :. „ sc:il rui-,__sts of ( -_: y znd ssr,dy-_ 1ay with gooc-1 littl= sign of erosion or c4l excessive pond- !' +•g. the site :. -said be to the east. c,r rn, 5:r- and the ether one r r the existing home i in the- S.W. corner of si rificant tre in PROPOSED CONCEPT Thi- sit.., g neraily falls from west to east. The west portion of the property will be graded to produce berms along the boundary to minimize the noise impact and visiL)ility of the freeway. The maximum slope on all berms will X3.1 to keep ease in maintenance. Berms will be used along parking areas and between buildings to create as much privacy a=. possible. Ail storm water drainage is handled internally, except for the small portion in the wooded area in the southwest corner of the site which could not be altered without destroying trews- The existing story! sewer in 37th Avenue N. is fcr the maJ'?rlt; of the sate. All stc)rm water on the p"_ u areas i::. --arried along the curbs to catch basins I eforc ?ntr `ng Xenium Lane. An sariitzry sewer main will be extended from an existing tub ^! the west boulevard of Xenium Lane at the r.'"r section wat'_-main boulevard of N. and loop into the 24' of 36th Avenue will be extend Xenium Lane at Lhrough serving main extending N. and serve the development. A u from an 8" stub on the west the intersection of 36th Avenue the development and connect back straight north from Xenium Lane. With this utility design, according to the asbuilts, there should be no in street construction or repairs needed to Xenium Lane. The driveway layout is designed to function as a fire lane as well as access for residents and visitors. All turns have a 45' radius and the drive has a consistent 26' width. For fire protection there is a hydrant located at each end cf each building allowing no point inside or outside of any bUilding to be farther than 150' from a hydrant. It was decided to use this option of fire protection rather tha.-) fire 14n;i S around each + building or sprinklers in each unit. requirement of 1.5 stalls per dwelling unit is ma.orit.r ^f the gue t Malls immediat iY itself. T!' ,. re'`u_z is haridled b; each homeowner with a 50 to 50 iC_t G: i1 ciYlEr stored in their garage and a scheduled Gvljc =tin^ on .s wF'el•:lY basis. st - nt rely of Civ.-r -tCry trcFS. Wit+ i'.._ _.__.» !r ".•i= ..c eXr= 1-ienc.e has shown with thi._, t'y'pe G4 L -a ti ins will he,..: the most c: -,ance for long ar i =wide t`+e opt imurr, amOl.nt of shade The tr+_ = lc -3t -,5 are bas--d on the Stlad r19 Gn ;: tio_ and dec:'.s, ad; dd'L; can r, ri. r, areas, eve.-,green screenirr4 r : _w; ; , Gt-+d betw•- buildings anima alot-ty harking t'i1i. xt_rt-c deciduous overstory trees, w- e rrgreen tr_ will ac'_ ) m p I s the above while providing color, variety and meeting the requirements of the landscape ordinance. The choice of using all over tors trees is based on experience of being involved with development associations and the lack of attention for the smaller plantings as the development ages. Proposed Development W& to rezone the property to R -4 under the provisions the zoning ordinance, for conventional multifamily dweiiings and to plat the property into one Lot and Block. c mmon arc-as will be maintained through the homeowners uZ IatiGri bUil-d fcurteen 12 unit condominium 7UlldirgS. TP:•_ ir+ of the development will be fror, t north t._ _; ordinate with sales. Our projections are to sell 24 to t m_s each season. T!-or building design will be very similar to the Existing Fernbrook Manor development on Fernbrook Lane and 44th Place North. The buildings will have a connecting canopy over a center open air walk with six homes on either side of the center walk. Each home will have two private entrances, one from their own private garage and the front entry from the outside. There are three floor plans to select from, two with 1050 square fleet and one with 1100 square fleet. Each home has two bedrooms and one full bath. The inside of each home is finished with oak woodwork and cabinets. Standard features• include central air conditioning, refrigerator, rang:., dishwasher, washer and dryer. The second floor homes ii have vaulted ceilings and skylights as standard fccturCS. Optional features include french doors and a L-uilt in hutch off the dining area. ch bu -ding will have varying roof styles, different earth r:e _' r-- of horizontal aluminum siding, aluminium fascia cr;:: soffit -, brick garage illars and brick: three feet high r_;:'• th- entire building. quslity homes designed for energy efficiency with uc.lity workmanship and very affordable at around st D. - _C The =z horses are aopeaiing to the single career - r, couple- any empty nesters. Our homes help. ne-ea for style of living. Tabulation 1.: 1w wiling Units 168 Area of Parcel 16.11 acres 252F.irk-ng Spaces ThzuriF., you for your conside-ation of this proposed development. If any additional information will be helpful, I will be hapby to provide it. Respectfully S ubmit ed, 4ZtjZ W, Patrice: W. Goff w#1 Planning Commission Minute February 26, 1992 Page 20 Chairman Stulberg introduced Ms. Alice Williams of 14325- 12th Avenue North. Ms. Williams stated that it would not be safe to complete Fernbrook Lane and it is not needed. She said there are other north /south roads already complete such as Vicksburg Lane, portions of Fernbrook Lane, I -494 and Xenium Lane which move the traffic out of the neighborhoods. She said the Planning Commission previously recommended that Fernbrook Lane not be completed, the neighborhood is against it, and they she would like this issue resolved as soon as possible, one way or the other. Chairman Stulberg introduced Paul Vincent of 12800 -34th Avenue North. Mr. Vincent stated he would like to see curb cuts on east side of Xenium Lane at 34th and 37th Avenue to allow the public access for bikes and baby carriages to the park trail. He said he would like to see Xenium Lane extended to Northwest Boulevard but would also like to see it connected to Vinewood Lane. He said he would like to see a stoplight installed at 34th Avenue and Xenium Lane because of the heavy traffic, and would like his proposals done in 1992, if it is practical. Chairman Stulberg introduced Mr. Richard Schmidt of 14310- 13th Avenue North. Mr. Schmidt stated that he wished property owners had been notified of the Public Hearing on the CIP. He said that a previous Planning Commission recommendation of the Fernbrook Lane extension was to not extend it. He said he thought the City Council had agreed with the Planning Commission recommendation. Chairman Stulberg explained that the City Council did not act on the Planning Commission's recommendation to amend the Transportation Element of the Comprehensive Plan by removing Fernbrook Lane from the Plan. Commissioner Zylla asked if the Harbor Woods development had been approved. Associate Planner Keho stated that the Preliminary Plat has been approved, and staff recently received the application for the Final Plat. Director Moore stated that City Council approval of the Harbor Woods Preliminary Plat and General Development Plan stated that the right -of -way be granted for Fernbrook Lane. Planning Commission Minute February 26, 1992 Page 22 developments and neighborhoods which did not want the major thoroughfares in their neighborhoods. Chairman Stulberg introduced Mr. Steve Offerman of 1135 Fernbrook Lane. Mr. Offerman stated he lives just north of Luce Line; stated the roadway is not needed, and he doesn't want to have to pay for it. Mr. Offerman said he does not understand why staff continues to recommend the completion of Fernbrook Lane when no one wants it. He said he would like decision made on this issue soon, preferably to not complete Fernbrook Lane. Chairman Stulberg introduced Mr. Rick Murray of Builders Development, Inc. Mr. Murray stated he wanted the Northwest 19 Sewer District service available as soon as possible. Chairman Stulberg introduced Mr. Tom Loucks representing the Craig Scherber Development. Mr. Loucks stated that the Scherber development was recently approved by the City Council and they would like the extension of the watermain for Dunkirk Lane from County Road 9 to County Road 24 done in 1992 rather than 1993 as proposed and Dunkirk Lane added to the program for 1992. Chairman Stulberg introduced Mr. William Pritchard of Orrin Thompson Homes. Mr. Pritchard stated he would like to see the Dunkirk Lane improvements moved up to 1992 from 1993. Chairman Stulberg introduced Ms. Bev Kottas of 3380 Sycamore Lane. Ms. Kottas stated that she was representing Heritage Estates Homeowners Association. Ms. Kottas stated that the Homeowners Association would like to see traffic signals at both 34th and 37th Avenue and Northwest Boulevard. She said she had talked to the County about installing traffic lights and they said there were no plans for installing them. She also indicated that the Homeowners Association would like curb cuts on the east side of Northwest Boulevard at 34th and 37th Avenue North for bikes, baby carriages and walkway. Ms. Kottas stated that the Homeowners Association would like to see Xenium Lane connected to Northwest Boulevard but that this connection would increase the problems of Planning Commission Minutes February 26, 1992 Page 23 exiting from 34th and 37th Avenue North onto Northwest Boulevard. She explained that if Vinewood Lane was extended to Xenium Lane it would relieve some of the traffic at 34th Avenue North. She said she realized that there has been no development proposed along Vinewood Lane which would warrant its completion but wondered if the City would lock at this possibility and possibly be able to complete it with the land owners consent. Commissioner Wigley asked Ms. Kottas to explain the Vinewood Lane extension she was proposing. Ms. Kottas indicated her suggestion on a map shown on the overhead projection screen. Chairman Stulberg introduced Mr. Jim Hartman of 1140 Harbor Lane. Mr. Hartman stated that he was in agreement with others who spoke regarding his opinion that Fernbrook Lane is not needed and not wanted. He said that City staff are the only ones who wants Fernbrook Lane extended. He said he did not feel City staff are serving the community's best interests with this proposal. He said he thought City staff would notify the property owners in this area when the discussion of Fernbrook Lane came up. Chairman Stulberg introduced Ms. Bonnie Friedmeyer of 14425 -13th Avenue North. Ms. Friedmeyer stated she lived north of the Luce Line and she did not see a benefit for the extension of Fernbrook Lane. Chairman Stulberg introduced Mr. Jeremy Wilson - Dandos of 14400 -4th Avenue North. Mr. Wilson - Dandos stated he was speaking as a representative of the Harbor Place Homeowners Association, and they do not want Fernbrook Lane extended. He said the Fernbrook Lane extension would be a safety hazard, and no one wants this extension. Chairman Stulberg recognized Mr. Peter Pflaum who spoke earlier. Mr. Pflaum stated he would like to see the Northwest 19 District Sewer moved up to 1992. Chairman Stulberg introduced Ms. Susan Green of 700 Harbor Lane. Ms. Green asked who would pay for the special assessments to construct Fernbrook Lane. Planning Commission Minute February 26, 1992 Page 24 Chairman Stulberg recognized Ms. Bev Kottas who spoke earlier. Ms. Kottas stated that she was speaking now as a developer. She asked when the traffic signal at Fernbrook Lane and Harbor Lane would be installed since it is not indicated on the CIP. Chairman Stulberg introduced Mr. Larry Wood of 1125 Fernbrook Lane. Mr. Wood stated that property owners were not notified of this Public Hearing. He said he would like to know who will be assessed for the street extension. He said he would like to have a final decision made on the Fernbrook Lane issue. Mr. Wood stated that signs that had been posted for jogging and bicycle trails on the Luce Line Trail have disappeared. Chairman Stulberg responded that the Public Hearing Notice for the Capital Improvement Program 1992 -1996 was published in the Official City Newspaper as required by State Law. He said that the CIP affects every property owner in the City and therefore individual property owners are not sent individual notices. City Manager Willis stated that City's Thoroughfare Guide Plan was adopted in 1971 and 72. He said the Carlson Company proposal for Harbor Woods has brought the Fernbrook Lane roadway extension to the forefront, from the previous anticipated time of 1994. He said the Thoroughfare Guide Plan will need to be amended by the City Council and if this amendment is approved it will also need to be approved by the Metropolitan Council. Mr. Willis stated that the Metropolitan Council does not want to see metropolitan highways overburdened with local traffic. He stated that City Council options are to amend the Thoroughfare Guide Plan and to have Fernbrook Lane end in a cul -de -sac with emergency access; construct Fernbrook Lane as shown in the Guide Plan; or temporarily end the street in a cul -de -sac with it extended at some time in the future. He said that if the street remains in the 1992 CIP, then the adjacent property owners would be notified and a Public Hearing would be held for the street improvement project. Chairman Stulberg closed the Public Hearing. Chairman Stulberg asked Director Moore to respond to the questions raised during the Public Hearing by citizens. Planning Commission Minute -, February 26, 1992 Page 29 Commissioner Zylla stated that the decision on Fernbrook Lane should be decided now, whether it be to remove the street or construct it. He said the City Council needs to make the decision as the controversy creates problems for developers who wish to build in this area. Commissioner Scherer stated that it is good planning to have alternate parallel roadways to the major highways to aid the flow of traffic around the community. Commissioner Scherer stated that he had been a member of the Metropolitan Council and that he doubted that the Metropolitan Council would approve the removal of Fernbrook Xane as part of the Plymouth Thoroughfare Guide Plan, and they can overrule the City Council's decision. He said that one of the Metropolitan Council's main objectives is to prevent the overcrowding of the major highways in cities with the traffic from subdivisions. Roll Call Vote. 6 Ayes, Commissioner Scherer voted Nay. VOTE - MOTION CARRIED MOTION carried on a 6 -1 vote. MOTION by Commissioner Wigley, seconded by Commissioner MOTION TO AMEND Albro to recommend that the City enter into discussion with land owners to develop Xenium Lane to Northwest Boulevard and the Vinewood extension, and move these improvements to 1992. Commissioner Zylla stated he would like to see the Xenium Lane project done in 1992. He suggested using tax increment funding and assessments to the land owners to fund this project. Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote. Commissioner Albro asked why Zachary Lane was planned as a 4 lane roadway and said he would like it to remain a 2 lane street. Director Moore responded that he does not know if Zachary Lane will need to be 4 lanes, but traffic projections at the present time indicate 4 lanes will needed in the future. He stated that the High School is a major generator of traffic. He said detailed traffic studies will be done as this project nears 1994 when it becomes closer to time to be developed. Commissioner Albro stated that the Goals, Objectives and Criteria of the Comprehensive Plan state that a major collector street not be placed in a school area. Director Moore responded that the roadway was built in 1960 and needs to be improved. He said there are many minor roadvmvs that feed into Zachary Lane. e4 Apri 1 16, 1992 APR i6 02 CITY OF PLYMOUTH io uivi-noutn Planning commission: COWAUNITY DEVELOPMENT DEPT I am writing on hethalt of our neighborhhod action committee in regard to Vie proposed development on Xenium Avenue by Goff Homes. We are wiampr t iv opposed to the current plan presented by Gott Homes uur group reels the plan is not consistent with the existing neighborhoods near the site. Further, we have serious questions regarding increased trattic patterns on the area, possible effects on crime in the neighborhoods, coverage of.the site and the consequent impact on drainage, and the overall quality of design, This development, as currently proposed, is not only an eyesore, it is entirely too dense. Our group wi i be presenting a comprehensive report of our views at the April 22nd meeting. we ask you to consider carefully our concerns wren investigating the proposal by Goff Homes and urge you to vote against iti Sincerely, / 1 Sharon S Maslow 13210 35th Ave. N. Plymouth, MN. 55441 c( (. nur.k t)i i lerude Marla vast Ilou 4 MAMMA IN 11 liff I AskWAWMF Slawal JIM mil r-IM 1111 1i Imm, qc 1 111 ui 14 : 7 kk):: may. wifilia; O's- 14,mmmmm m_ w is it ., == j!:% tl A I/ Iik,_ I giii,irli I1 /AI AWA P% 1 1 ia IN 1J IIIII II I T j ifs r , i i WIN E t Willi i {fit t #' d }Fi ii31tE. r > r o Qjjjj tt I , r ' nr 1 , IL - QI - - - -- O I 1 i I- t E if rww..waM I1 1 1 I rj 1 I