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HomeMy WebLinkAboutPlanning Commission Packet 07-08-199214 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 24, 1992 COMMISSION MEETING DATE: July 8, 1992 FILE NO.: 91071 PETITIONER: Metropolitan Life REQUEST: Amendment to a Residential Planned Unit Development Preliminary Plan /Conditional Use Permit and Final Site Plan to increase offstreet parking by 99 places on an existing site; including a variance to exceed 30 percent impervious coverage in the Shoreland Overlay Management District. LOCATION: 15700 Rockford Road GUIDE PLAN CLASS: LA -4 (High Density Residential) ZONING: RPUD 88 -1 BACKGROUND: On March 21, 1988., the City Council, by Resolution 88 -188, approved a RPUD Concept Plan /Preliminary Plat /Plan, Conditional Use Permit, and Final Site Plan for the Vicksburg Village Apartments. On August 20, 1990, the City Council reviewed the parking situation at the Vicksburg Village Apartments in response to concerns of residents of the apartment complex and of the Plymouth Creek Townhouse Association concerning the lack of parking at the site. The City Council directed the Welsh Construction Company to provide the City with an Action Plan by October 1, 1990 on the resolution of the parking problem with this complex. In addition, the City Council directed City staff to amend the Zoning Ordinance to require two parking spaces per dwelling unit for multiple family development. On September 25, 1990, the Vicksburg Village management sent to the City their Interim Plan regarding the parking situation at the Vicksburg Village Apartments. The action plan included reducing the number of the excess handicapped parking spaces (continued Code compliances); adding parking spaces for other residents; clearly marking all fire lanes; prohibiting the storage of boats, trailers, classic cars and seasonally used vehicles on the site; requiring registration of all resident vehicles with the apartment manager; registering all long -term guest parking the apartment manager; and, to require all persons with underground parking to use the spaces to free up the outdoor lots. On December 10, 1990, the City Council, by Resolution 90 -38, approved a Zoning Ordinance Amendment to require two parking spaces per unit for multiple family dwellings and to require .5 parking spaces for guest parking for multiple family dwelling projects. Projects approved prior to this Zoning Ordinance Page Two, File 91071 Amendment are not required to bring the site in compliance with the new regulations. On October 21, 1991, the City Council, by Resolution 91 -651, denied the request to amend the Planned Unit Development Plan for two additional parking lots with a total of 101 parking spaces. One of the two lots was to be located on the eastern side of the lot, within the 50 foot shoreland setback and contained 49 parking spaces. The second lot was in the same location as the current request and contained 52 parking spaces. The City Council's denial of the request stated that the proposal would be injurious to the use and enjoyment of other property in the neighborhood. The City Council also directed the petitioner to include the neighborhood in the redesign of the project and relocation of the proposed easterly parking lot. 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 one parking area and add to an existing parking area to create an additional 99 offstreet parking spaces. A total of 564 parking spaces alreaa yT on the site (345 in garages and 219 at grade) . An additional parking 92 parking spaces would be constructed at the northwest corner of the site adjacent to Vicksburg Lane with 7 spaces added to an existing parking lot adjacent to the most northerly building on the site, northeast of the tennis court. 2. The Vicksburg Village project is comprised of 334 multifamily dwelling units on a site of 16.7 acres. The current offstreet parking component is 564 spaces for a ratio of 1.69 spaces per dwelling unit. The proposal is to increase offstreet parking to a total of 663 spaces for a ratio of 1.99 spaces per dwelling unit - -still well below the current Zoning Ordinance standard of 2.5 spaces per unit. 3. A portion of the Vicksburg Village site is located within the Shoreland Management Overlay District of Plymouth Creek (that portion of the site within 300 feet of the centerline of the creek). The special provisions of the Shoreland Management Overlay District of the Zoning Ordinance Section 6b, Subdivision 6), therefore apply. The construction of the new parking area and expansion of the existing parking lot will result in an increase in the impervious surface within the Shoreland Management Overlay District to 32.5 percent versus the Shoreland Management Overlay District standard of 30 percent. Consistent with the terms of the Shoreland Management Overlay District regulations, the Minnesota Department of Natural Resources was advised of the original variance requests. The DNR recommended denial of the 1991 request to increase impervious coverage to 32.9 percent. A separate DNR finding on this new application has not been solicited since the coverage proposed is very similar to that previously proposed. Page Three, File 91071 4. Except as noted above, the proposal to add parking to the Site Plan meets or exceeds standards of the Zoning Ordinance and other applicable City Codes, Ordinances and Policies with regard to construction of this type of facility in the R -4 Zoning District. The design and the features of the offstreet parking proposed ere consistent with City Codes. 5. Section 10, Subdivision B, Paragraph 5d of the Zoning Ordinance provides that offstreet parking and loading areas near or adjoining residence districts shall be screened by a fence or planting buffer. The ordinance provision does not specify height of the screening, but in practice staff has recommended a screening height sufficient to screen vehicular headlights from a person standing at the property line of the subject site. 6. The applicant proposes compliance with the screening standard of the Zoning Ordinance for his new parking areas by a combination of earthen berm and a variety of landscape materials. The effective height of the berming ranges from 0 feet at the west edge to 6 feet over the center of the site to 4 feet on the east edge of the parking lot. Landscaping in addition to the earthen berm is proposed to be comprised of deciduous and coniferous plantings. A total of 29 deciduous trees, 24 coniferous trees and a mixture of 56 other plantings are proposed. The trees proposed meet the City's Landscape Policy regarding size of trees at planting. 7. Amendment to a PUD Conditional Use Permit must be considered for consistency with the 6 Conditional Use Permit standards of the Zoning Ordinance as well as the Planned Unit Development Preliminary Plan criteria. Copies of those standards and criteria together with the applicant's narrative responses and project description are attached. PLANNING STAFF COMMENTS: 1. The proposal is to increase the offstreet parking at the site in an amount to bring the site to 79 percent compliance with the current Zoning Ordinance standard for offstreet parking for this type o-f—cevelopment. There is no requirement that the applicant do so since nonconforming status forthe existing offstreet parking component exists. Increase in the offstreet parking of this site is, however, a proposal consistent with the concerns raised by the City Council in response to complaints received concerning available offstreet parking on this site in 1990. The City Council did not mandate increasing the offstreet parking available on the site, but this proposaaT to increase the offstreet parking is certainly a response to the problems previously observed with regard to offstreet parking. 2. There may not be as much latitude in the location of additional offstreet parking on the site as the extensive acreage may imply. Substantial portions of the north quadrant of the site contain soils that are not conducive to any type of construction. 3. We find the proposal to amend the Site Plan to be consistent with the Zoning Ordinance and other Codes, Ordinances, Policies and Standards of the City of Plymouth regarding the development of sites in the R -4 Zoning Page Four, File 91071 District. The findings include compliance with the provisions of Section 10 with regard to the screening of offstreet parking adjacent to residential areas. We note that no specific quantitative standard has been provided by the Zoning Ordinance in regard to the extent of screening required, and the standard that has been applied in preceding cases has related to the screening of vehicular headlights at the property line. 4. We find the proposed Amendment to the Planned Unit Development Preliminary Plan and Conditional use Permit is consistent with the general Conditional Use Permit standards of the Zoning Ordinance and the criteria for a Planned Unit Development Preliminary Plan. S. We find the Shoreland Management Overlay District variance requested to respond to the Zoning Ordinance Variance criteria of Section 11 of the Zoning Ordinance and the purposes and intent of the Shoreland Management Overlay District in Section 6, Subdivision 6 of the Zoning Ordinance. RECOMMENDATION: I recommend adoption of the attached resolution providing for the approval of an Amended Residential Planned Unit Development Preliminary Plan, Conditional Use Permit, and Final Site Plan, including a variance from the Shoreland Management Overlay District standards with regard to impervious coverage within the shoreland, ^/requested. _ Submitted by: arles—E. Dillerud, ATTACHMENTS: veiopment uirector 1. Resolution Approving RPUD Preliminary Plan Amendment and Conditional Use Permit, and Final Site Plan 2. Engineer's Memo 3. Conditional Use Permit Standards 4. Zoning Ordinance Variance Standards 5. Applicant's Narrative 6. Minutes from the October 21, 1991 City Council Meeting 7. Location Map 8. Resolution 91 -651 9. Site Graphics APPROVING AN AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMENDMENT; AND AMENDED RPUD FINAL SITE PLAN INCLUDING SHORELAND OVERLAY DISTRICT VARIANCE FOR METROPOLITAN LIFE FOR VICKSBURG VILLAGE APARTMENTS LOCATED AT 15700 ROCKFORD ROAD (91071) WHEREAS, Metropolitan Life has requested approval of a for an Amended Residential Planned Unit Development Plan and Conditiunal Use Permit; and, an Amended RPUD Final Site Plan to increase offstreet parking by 99 parking places on an existing site; and, Variance to exceed 30 percent impervious coverage within the Shoreland Management Overlay District for offstreet parking for Vicksburg Village Apartments located at 15700 Rockford Road; 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 Metropolitan Life for an Amended Residential Planned Unit Development Plan and Conditional Use Permit; and, an Amended RPUD Final Site Plan to increase offstreet parking by 99 parking places on an existing site; and, Variance to exceed 30 percent impervious coverage within the Shoreland Management Overlay District for offstreet parking for Vicksburg Village Apartments located at 15700 Rockford Road, subject to the following findings and conditions: 1. No other amendments or variances are granted or implied. 2. The granting of the permit is responsive to criteria of the Zoning Ordinance for Conditional Use Permits and PUD Plans. 3. Compliance with the applicable conditions of City Council Resolution 88- 188 (RPUD Concept Plan, Preliminary Plan and Final Site Plan). 4. A Variance from the Shoreland Management Overlay District regulations is approved based on compliance with the Shoreland Management Overlay District purposes and intent and the Variance criteria of the Zoning Ordinance as follows: a. Impervious coverage within the Shoreland Management Overlay District of 32.5 percent versus the Zoning Ordinance Standard of 30 percent. res /pc /91071) City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: July 2, 1992 FILE NO.: 91071 PETITIONER: Mr. Paul Anderson, Welsch Construction Company, 11200 West 78th Street, Eden Prairie, MN 55344 SITE PLAN: ADDITIONAL PARKING (BASED ON REVISED PLAN DATED 6/2/92) VICKSBURG APARTMENTS LOCATION: North of County Road 9, east of Vicksburg Lane in the southwestern 1/4 of Section 16. 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. _ _ 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. X _ Complies with standard utility /drainage easements? If "No" is marked, the current City ordinance requires utility and drainage easements ten feet (101) 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.) 8. _ _ 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. 11. , 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 Droperty. then this re uirement 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. X DNR MN DOT Hennepin County MPCA State Health Department X Bassett Creek 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: The new catch basin shall be protected until the parking lot is paved. 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. _ J _ 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. _ _ 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. 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 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. For the 7 new stalls by the northeast corner of Building No. 3. 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 100X 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 10OX 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 -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 taR. 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 12, 22, 26, 29A, 29B, and 29C. 29 A. The relocated trail passing through the 92 stall parking lot on the north side of Building No. 4 shall require the installation of approved pedestrian curb ramps for the handicapped per City Plate No. SPP -lA wherever there is concrete curbing adjacent to the parking lot and all drive aisles. B. Sheet A -2R shows the seven new stalls connecting with the fire lane /drive aisle. A 24 foot-wide street and curb and gutter shall also be required in the area of this connection. The plans shall be revised accordingly. Submitted by: " S` Vl a_- l t l - Daniel L. Faulkner, P.E. City Engineer 5- Jtj1. '9 ± L.IULt_t :Ltr1F'ttrdlE'_ rEL CtevenCcott III:U la t.',C111CI11 I 11C'UI X)1'a1CCl July 2, 1992 REQUEST FOR A CONDITIONAL USE PERMIT Vicksburg Apartments 15700 County Road 9 Plymouth, Minnesota Lot 1, Block 1 Vicksburg Addition PIN # 16- 118 -22 -32 -0024 I Vicksburg Village Apartments is a planned unit development which was completed in 1990 consisting of 334 rental apartment units and one recreation building. We are at this time requesting the approval of one additional parking lot at the west lot consisting of 92 parking stalls and the expansion of one parking lot last of the tennis court consisting of 7 (seven) parking stalls. 2 The addition of these parking stalls is an attempt to bring the parking ratio from approximately 1.6 to 1 to a 2 to 1 ratio as is currently required in the revised City Ordinances. The addition of these stalls will eliminate the problem of residents parking in fire lanes, handicap stalls and other "no parking" areas. It will also eliminate the issuance of parking violations. 3 In an attempt to be sensitive to the impact of neighboring developments and also the resident within the Vicksburg Village project, we have developed a comprehensive landscape and berming plan and have made every attempt in the designing of these additional lots to minimize any potential impact. In addition, the current management policy of not allowing any recreational vehicles or storage of automobiles, boats, etc. will remain in effect so that these lots will be used for resident vehicles only. 4. The addition of these parking areas will not be changing the current use of the project. 5. The addition of these parking areas should not be a cause for increased traffic but should rather create a more organized situation and eliminate the problem of residents parking in fire lanes and "no parking" areas. 6. The additional parking areas will meet all requirements of the existing parking. I.cadc's in M11111- Family manaocnlent hIN.),5 `;t r. ;lra Kuuh'ar(1 Mlnneapolv,, N innesot.a 354 16 (6121) 544.5228 1 =AN (012) 544-1725 itt =n_u -t - -= i- itr'1F't IIE'_ TEL r•1 '- 5- 11 -1 "r F'. - tevenCcott-, 1 » ;ln;l cr »crlt ill'coll-)o atcd July 2, 1992 VARIANCE REQUEST Vicksburg Apartments 15700 County Road 9 Plymouth, Minnesota Lot 1, Block 1 Vicksburg Addition PIN # 16- 118 -22 -32 -0024 1. The original project was designed around the existing zoning ordinances at that time which included a 1.5 parking stall per unit ration and a maximum impervious surface coverage in the shoreline area of less than 30 %. DUe to these ordinances, the project was held away from the creek area and utilized most to of the land outside of the 300' shoreline setback. 2. There are currently large open green areas on the project site which fall within the 300' shoreline area. Due to this setback requirement, we are unable to get the additional parking without encroaching on this area. With these additional parking areas, we would be increasing the impervious surface with the shoreline area from the original coverage of 25.6% to 32.5 %. 3. The addition of these parking areas is for the sole purpose of resident parking and to eliminate parking in handicap stalls and fire lanes. 4. The project was built by and exceeded the requirements of the 1.5 to 1 parking stall ratio set forth in the previous City Ordinances. The current owner, Metropolitan Life, is attempting to bring the parking ratio up to the current City standards. 5. Extensive landscape and berming plans have been developed in an attempt to minimize any potential impact on neighboring developments and the residents of the Vicksburg Village Apartments. 6. The addition of these parking areas should not affect traffic or impair property values within the neighborhood. It will, however, eliminate the resident parking and restricted fire lane areas to maintain proper access for fire department and public satety vehicles. 1._emler,: in Mulii-Family Management hlN).5 \''aviara Buulcvar t Minnraln)li.. Minnesota 554 1t, 0 (612)544-522S FAX (()12) 5411 -.1725 0 S ceven cots F_ a :3 1 management incorporated May 4, 1992 Inge Moore 15645 - 40th Avenue North Plymouth, MN 55446, Dear Ms. Moore: I represent the owners of Vicksburg Village Apartments located on the land west of the Plymouth Creek Townhomes. Last fall the City of Plymouth City Council directed us to work with your Homeowners' Association to receive approval for the addition of a parking lot on the Vicksburg Village property. For the past year we have been talking to a Mr. Pat Halisey, who appeared to be operating on behalf of the Board of Directors and Homeowners' Association. However, since we never received official notification from the Board of Directors that Mr. Halisey was authorized to negotiate on your behalf, I thought it important to open communication directly to move the project ahead. I would appreciate your contacting me at your earliest convenience to discuss the progress of the parking lot plans and review any items of concern you may have. I can be reached daily at my office, 544 -5228, or in the evenings at home, 482 -1750. I would appreciate hearing from you soon because we would like to meet with the City of Plymouth Planning Commission in May.- I await your response. Sincerely, STEVEN SCOTT MANAGEMENT, INC. Barbara J. Ruhberg Director of Asset Management Leaders in Multi - Family Management 6005 Wayzata Boulevard Minneapolis, Minnesota 55416 (612) 5411 -5228 FAX(612)544-1725 Steven Cott management incorporated June 1, 1992 Plymouth Creek Townhomes c/o Inga Moore 15645 -40th Avenue North Plymouth, MN 55446 Dear Ms. Moore: I have not received a letter from you regarding an authorized representative to negotiate with us about the Vicksburg Village parking lot addition. Therefore, to insure that the Board of Directors of the townhome association has the correct and most updated information, I decided to forward these preliminary prints to you. Please review the enclosed drawings and feel free to contact me with questions %or for an explanation of any detail. These plans were drafted to meet requirements of the City of Plymouth after an initial inspection of this proposal by the City staff. You will remember that we decided to pursue this option after several meetings with Mr. Hallisey during which he indicated preference for this type of solution over others. Ms. Moore, should your Board of Directors not be interested in continuing negotiations with us on behalf of the owners of Vicksburg Village as it had been indicated by Mr. Hallisey in his presentation to the Board prior to our meeting with you several weeks ago, please inform me of this decision and I will communicate with the City regarding our options at this time. I look forward.to hearing from you at your earliest convenience. Sincerely, STEVEN SCOTT /WELSH MANAGEMENT le6 Barbara J. RuhFerg . Director of Asset Management cc: Katherine McCarthy Lisa Moe Leaders in Multi - Family Management 6005 Wayzata Boulevard Minneapolis, Minnesota 55416 (612) 544 -5228 FAX (612) 544 -1725 CtevenCcoa :3 - 0 management incotpomted June 12, 1992 Plymouth Creek Townhomes c/0 Inga Moore 15645 - 40th Avenue North Plymouth, MN 55446 Re: Vicksburg Village Parkin Lot qjgg Dear Ms. Moore: R ECHdED JUN 16 1^:2 OF PLYMOUTH COMii i;;,'il I DEVELOPMENT DEPT. To date, we have not received any type of communication from the Plymouth Townhome Association regarding an appointed representative or a status on the association's opinion on the preliminary parking lot plans sent to you June 1, 1992. I must advise the City whether or not we will be proceeding with this matter at a July meeting and need to have a direction from you prior to this contact. I would appreciate your contacting me with any information you have regarding this matter. I can be reached weekdays at 544 -5228 and evenings and weekends at 482 -1750. I await your response. Sincerely, STEVEN SCOTT MANAGEMENT, INC. rL OCLY( L Barbara J. Ruhber g Director of Asset Management cc: Katherine McCarthy, Metropolitan Life Insurance Co. Chuck Dillerud, City of Plymouth Lisa Moe, Steven Scott Management, Inc. Leaders in Multi- Family Management 6005 Wayzata Boulevard Minneapolis, Minnesota 55416 (612) 5445228 FAX (612) 544 -1725 n p 1 ijC i'j JUL , El Ms. Barbara J. Ruhberg June 29, 1992 Director of Asset Management C, ` • , 4 f V. H.ti.. L45a ", STEVEN SCOTT MANAGEMENT INC. cptd;?`'` 6005 Wayzata Blvd. Minneapolis, M 0N55416 ' Dear Ms. Ruhberg: Your letters, dated 6/1/92 and 6/12/92 have been forwarded to me by Ms. Inga Moore from Plymouth Creek Board of Directors. She forwarded your letters to me for response because I am one of the three advisory committee members who was authorized by the Board of Directors for Plymouth Creek to work with Vicksberg Village, Metropolitan Life Insurance Co. and Welsh Construction along with yourself and your company to resolve the parking situation at Vicksberg Village. The other two committee members from our group are Mr. Patrick Hallisey of 4065 Quantico Lane North and Mr. Sy Friedman of 4155 Upland Lane North. The three of us have been the collective primary contacts from Plymouth Creek who have met with or worked with you, Lisa Moe and others from Metropolitan Life, Vicksberg Village and Welsh Construction over the past eight months (since October, 1991). We received authorization from the Board of Directors for Plymouth Creek (of which Mr. Friedman and myself are current Board members and Mr. Hallisey is a former Board member) following the Plymouth City Council meeting last October. During this meeting, Mayor Bergman's direction to Welsh Construction and the management company for Vicksberg Village (Z & S Management) was to include Plymouth Creek homeowners in further redesign efforts to alleviate the parking problems at Vicksberg Village. Our committee was formed to respond to this direction at the time and we have continued to remain the key resources on this issue from Plymouth Creek. Our committee designated Mr. Hallisey as the key contact to establish communication with the appropriate representatives from the apartments, Metropolitan Life, and Welsh Construction. Additionally, he has been responsible for establishing mutually convenient meeting times with as many of the parties represented as possible, for presenting and'reviewing all suggestions and alternatives to resolve the parking problems during these meetings, for recording and maintaining documentation on the progress made at these meetings, and for reporting periodic progress on this issue to the Plymouth Creek Board of Directors. Additionally however, Mr. Friedman and myself have also taken the responsibility for reporting progress, participating in meetings, and presenting progress reports within the Board of Directors sessions when Mr. Hallisey may not have been present. As the authorized representatives from Plymouth Creek, we regarded the City Council's request quite seriously when we initiated discussions with Vicksberg Village and attempted to collaboratively approach this task of resolving the parking problems with a plan that we both could endorse. We agreed early on last fall, that any eventual alternative(s) designed and proposed needed to be presented as a comprehensive plan to address the range of parking problems present within the apartments. It was quite evident following the October 1991 City Council meeting that the parking lot(s) approach in the absence of additional management directives, efforts, etc., would not resolve the parking problems in total. Consequently, when Mayor B. Ruhberg Page 2 Bergman closed the meeting that evening last October, he specifically directed that Welsh Construction and its representatives involve the Plymouth Creek homeowners or representatives therein in further efforts to define the specific parking problems and to design a plan to address these problems. This direction was given because it was originally Plymouth Creek homeowners who had suggested that we work collaboratively on the parking issues given the adverse impact the apartments had alreadyhadonthetownhomeproperties. Addition of parking lot(s) proposed last fall, was therefore considered only a partial solution to this problem. With this as a bit of rehashing of history which I'm sure you are alreadyfamiliarwith, I again reference your two June letters to our Board president, Ms. Moore. Both letters contain several false and misleading references on the subject of the parking situation which, we feel, requires clarification and correction. First, there should be no reason to question who the "authorized representative(s)" have been from Plymouth Creek as you personally, have worked with Mr. Hallisey over the past eight months. When you elected to contact Ms. Moore to request attendance at our May, 1992 Board meeting, Ms. Moore confirmed in your presence, that Mr. Hallisey, Mr. Friedman and myself have always been authorized to work with you on this issue. This is not new information to you. Your letters imply that you were unaware of this authorization with whom to work with from Plymouth Creek. The fact is however, that you have been very awarerof who to deal with as evidenced by your reference to Mr. Hallisey in your June 1st letter. Additionally, if there was a legitimate concern or question regarding the "authorization" of anybody from PlymouthCreek, you have had the past eight months to seek clarification! Raising the question now creates a scenario which looks as though Plymouth Creek has not been responsive in providing resources on this issue. Nothing couldbefurtherfromthetruth. Your raising the issue is a false and misleading picture of the reality of the situation which could easily be refuted by a review of our files on the discussions, proposals, and results of these discussions over the past eight months, of which you were a part. Second, you reference in your 6/1/92 letter, Mr. Hallisey's preference for a proposed parking lot to be built on the westernly portion of the apartment complex. You submitted preliminary prints to Ms. Moore with your letter to insure that the Board of Directors of the townhome association had the correct and most updated information." You sent this information to Ms. Moore under the pretense that you were uncertain who the authorized representatives were from Plymouth Creek, and therefore decided that the Board president was the authorized representative. Unfortunately, as you discovered, Ms. Moore thoughtfully reminded you to respectully consider operating within the process which had been designated last October rather that requesting an audience in the absence of agreement reached with our committee on the parking situation. You chose however, to send your parking lot proposal to the Community Development Director, City of Plymouth, and to bypass the Plymouth Creek committee members. This, in an attempt to hurriedly ensure that a parking lot commence this year. B. Ruhberg Page 3 Mr. Hallisey was also present at our May Board meeting to report on the progress of the discussions and the proposed resolutions to solving the parking lot problems at Vicksberg Village. His version of his "preference" for the parking lot alternative over other solutions, is quite contrary to the information you prsent. As the key resource and committee head for our group at Plymouth Creek, Mr. Hallisey has always indicated, and we have concurred, that any eventual resolution to the parking problems at Vicksberg Village would need a combination of efforts to alleviate and resolve this problem. You yourself, had acknowledged during our May Board meeting that Vicksberg Village is an exceptional property from your standard apartment projects given the large number of units situated on such a small, restrictive plot of land. Given this fact, Mr. Hallisey has indicated that if actual construction of a parking lot or some similar type of parking structure were to take place, then it would need to be done as part of a total comprehensive plan to address the parking problems. This plan would need to first, define the parking problems, and second, provide activities, actions, resources, timetables and costs for resolving these problems. Included in such a plan, could be a parking lot, but only if it is a factor within the context of the broader plan, and not the sole alternative. Neither Mr. Hallisey, nor any of the Plymouth Creek committee members on this subject, nor our Board of Directors has indicated a preference for a parking lot in the absence of a total comprehensive plan which includes additional, less costly measures and actions which could be taken prior to the parking lot construction phase of a project. Your insinuating that Mr. Hallisey prefers" the parking lot solution over other alternatives is false and completely contrary to what Mr. Hallisey has in fact, discussed with you and other Vicksberg Village and management company representatives since last fall. Consequently, we have asked Mr. Hallisey to compile the documentation on all suggestions and responses to these suggestions from all discussions over the past eight months. We will provide this information to the Plymouth Planning Commission and the Plymouth City Council in order that they too have "the most correct and updated information." Ms. Ruhberg, we have acknowledged all along, that when we reached mutual agreement on how to resolve the parking problems, our committee would approach our Board of Directors and then our homeowners to ensure their endorsement and support. We have also agreed, that we would then petition the City of Plymouth collectively in order that they, too, would know that we had complied with their directive and had reached an agreement that Plymouth Creek, Welsh Construction, Vicksberg Village, and your management company could live with. It has been critical that we be in a position to support any parking problem resolution(s) to our homeowners especially, given the existing adverse impacts the apartments have had on Plymouth Creek. These impacts have affected our property values which have been diminished partially due to the apartment complex, have affected the additional pollution of the Creek due to construction materials, etc., which have .yet to be cleaned up in the creek, and the general impairment of the land between Plymouth Creek and Vicksberg Village. B. Ruhberg Page 4 Your letters, and subsequent efforts to deliberately bypass the City Council's directive to involve and work with Plymouth Creek are unconscionable, but not surprising considering the past efforts of Metropolitan Life and Welsh Construction on this project. Your submission of a parking lot as the agreed upon resolution to all the parking problems existent at Vicksberg Village falls short of the comprehensive plan proposed by our committee and homewoners through Mr. Hallisey. The pieces of the plan which you neglected to include, but which bear some review include the following: The actions, timetables and resources with Steven Scott Management will be taking to manage the existing and future parking situations within the Vicksberg Village project. A formal documentation from Steven Scott Management which outlines the total number of apartments in the complex, the number of parking spaces required by unit, and the alignment of all parking spaces to allow for adequate resident and visitor parking. The redesign plan for all interior parking and the timetable for completion of this piece of the project. The specific efforts and activities proposed by Steven Scott management in terms of communication vehicles to better inform tennants about the true parking situation within the complex. If there is a parking lot proposal presented to the City of Plymouth which lacks the abovementioned items and additional items from Mr. Hallisey's documentation, then I can assure you that it is a plan that has not been endorsed by, nor has it involved appropriately, the Plymouth Creek represen- tatives. Finally, your 6/1/92 letter indicates that the Plymouth Creek Board of Directors may not have been interested in continuing negotiations with you, given Mr. Hallisey's recommendation to this effect at the May, 1992 Board meeting. Again, this is completely untrue and unfounded. By a review of your efforts as of late, it is quite apparent that you, not Plymouth Creek, are unwilling to negotiate on this issue. In your urgency to get a parking lot built, you have completely ignored the process directed by Mayor Bergman last October, and have adversarially bypassed the Plymouth Creek committee and homeowners on this issue. We remain committed to working together to resolve the parking situation; however, we cannot have our efforts represented to the City bf Plymouth under the false scenario's which you have presented. We respectfully request that if you cannot or will not work with us on a collaborative basis, that you identify someone else from your organization with whom we could work. If you desire to discuss this letter and /or respond, you can contact me directly at 4061 Quantico Lane, Plymouth, 55447 or at 559 -0087. cerely, J B' SieverdinYc g L OUTH CREEK BOARD OF DIREC 0 B. Ruhberg Page5 cc: Plymouth City Council Plymouth Planning Commission lymouth Creek Board of Directors Chuck Dillerud, Plymouth Community Development Director Katherine McCarthy, Metropolitan Life Insurance Co. - Chicago Lisa Moe, Steven Scott Management, Inc. Pat Hallisey, Chair, Plymouth Creek /Vicksberg Village Committee Regular Council Me Ang October 21, 1991 Page 407 MOTION was made by Councilmember Vasiliw,, seconded by Councilmember Zitur, to ad t RESOLUTION NO. 91 -647 ADOPTING ASSESS NTS, ABATEMENT OF HAZARDOUS BUILDINGS, 27 KIRKWOOD LANE NO. AND 3135 FERNBROOK LANE NO Motion carried on a roll call votes five ayes. MOTION was made by Councilmember asiliou, seconded by Councilmember Zitur to adopt RESOLUTION NO. 91 -648 APPROVIN FINAL PLAT AND DEVELOPMENT CONTRACT FOR HANS GEN HOMES, INC. FOR "SEVEN PONDS SECOND ADDI ON LOCATED AT THE SOUTHWEST CORNER OF DUNKIRK AND STATE HIGHWAY 55 (91062) (MPUD 9 -1). Motion carried on a roll)ball vote, five ayes. MOTION was made tylm:u il member Vasiliou, seconded by Coun er Zitur, to adopt RESOLUTION NO. 91-64 SETTING CONDITIONS TO BE MET PRIOR TO FILING F AND RELATED TO FINAL PLAT FOR HANS HAGEN HO , INC. FOR "SEVEN PONDS SECOND ADDITION" CATED AT THE SOUTHWEST CORNER OF DUNKIRK LANE STATE HIGHWAY 55 (91062) MPUD 91 -1). Motion carried/on a roll call vote, five ayes. MOTION was de by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION O. 91 -650 ADOPTING ASSESSMENTS, CITY PROJECT . 129, SANITARY SEWER AND WATERMAIN AREA, SFJFEN PONDS SECOND ADDITION. RESOLUTION 91 -647 ADOPTING ASSESSMENTS FOR ABATEMENT OF HAZARDOUS BUILDINGS Item *7 -G RESOLUTION 91 -648 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR SEVEN PONDS SECOND ADDITION (91062) MPUD 91 -1) Item *7 -H RESOLUTION 91 -649 SETTING CONDITIONS TO BE MET PRIOR TO FILING (91062) MPUD 91 -1) Item *7 -H RESOLUTION 91 -650 ADOPTING ASSESSMENTS, PROJECT NO. 129, SEVEN PONDS SECOND ADDITION Motion carried on a roll call vote, five ayes. Item *7 -H Community Development Coordinator Dillerud stated Vicksburg the owner of Vicksburg Village Apartments has Village - Increase requested an amendment to the site plan and a Parking conditional use permit to increase the off- street Item 7 -I parking on grade. The Planning Commission recommended denial of this request based on the finding that the conditional use permit application did not comply with two of the conditional use standards set forth in the Zoning Ordinance. Neighborhood objections related to appearance of the vehicles, outside lighting, and increased runoff into Plymouth Creek. Regular Council Meeting October 21, 1991 Page 408 The applicant had asked staff to hold the application for one meeting before presenting it to the Council in order to give the applicant an opportunity to meet with the neighborhood. The applicant submitted a letter describing the results of those meetings. The meetings were held subsequent to the Planning Commission meeting and the information has not been considered by the Commission. Councilmember Vasiliou asked why the application should not be remanded to the Planning Commission if new information has been presented, consistent with Council policy. Coordinator Dillerud stated the only new information has received to date is the letter. No amended plans have been submitted. William Scott, 15720 Rockford Road, #225, stated he has been a resident at Vicksburg Village for 1 1/2 years. He is in support of the application. He stated that they have been restricted in having guests come to visit because of the inadequate parking. He stated the current situation is a safety concern, and the problem has become progressively worse, particularly on weekends. There is no on- street parking in the vicinity. Visitors have to park near CUB Foods or several blocks away in another residential neighborhood. Councilmember Zitur asked if the parking problem could be the result of too many adults living in some of the units. Mr. Scott stated there is restriction on the number of adults allowed per unit, and he has no knowledge that this is a problem. Councilmember Vasiliou asked if similar problems are being experienced in other multiple dwelling units. Coordinator Dillerud stated that similar problems are occurring in other locations, and cited Parkside Apartments as an example. The standard for determining the number of required parking Regular Council Mef' -ing October 21, 1991 Page 409 stalls has changed since these developments were built. Grayson Smith, 15720 County Road 9, #202, agreed with the statements made by Mr. Scott. He has experienced the same problems due to inadequate parking. Lorrie Smith, 15720 County Road 9, #202, stated the residents of the apartments need help to get additional parking. Pat Hallisey, 4065 Quantico Lane, represented the Plymouth Creek Townhomes Association. He stated that the development was originally built with 344 units and 564 parking spaces. This is only 1.68 spaces per unit. He asked that the Council uphold the Planning Commission recommendation of denial, and stated he was disappointed with the staff finding that the proposed Site Plan and Conditional Use Permit amendments meet the ordinance standards and that the proposed screening would be adequate. Since this is a Planned Unit Development, he asked that the Council consider the request in a more restrictive manner. He believes the proposed plan contains inadequate berming and screening. Mr. Hallisey stated that at the meeting held subsequent to the Planning Commission, the petitioner and his representatives did not listen to neighborhood concerns. He stated the petitioner tried to convince the neighborhood that their proposal was correct, rather than considering alternatives. He stated the Plymouth Creek Association had suggested that the parking lot proposed on the southeasterly edge of the site be moved to the northerly center. The petitioner's representatives stated it was not a convenient location for the apartment residents. Mr. Hallisey stated that the petitioner was going to do further architectural studies for consideration by the Plymouth Creek Association for review and comment before presentation to the Council. This was not done. Mr. Hallisey stated the Plymouth Creek Association is still willing Regular Council Meeting October 21, 1991 Page 410 to work with the petitioner on alternatives to the problem. Attorney John Ploetz, represented Welsh Construction and Z & S Management. He stated that Vicksburg Village currently has inadequate parking and it causes congestion. The units are 85 percent occupied and 100 percent of parking is being used. The result of an insufficient number of parking spaces is vehicle parking in fire lanes and handicapped zones. Mr. Ploetz stated the plan meets or exceeds current aesthetic /construction standards and will improve the health and safety of the apartment and condominium residents. The water quality of Plymouth Creek will improve as the result of the skimming and sedimentation /filtration ponds that will be included in the plan. He stated the property values of the adjacent condominium units will increase due to the cleaner water. The proposed landscaping and berming will enhance the view of the apartments from the condominiums. Mr. Ploetz questioned whether Planning Commission Chair Plufka was impartial on this issue since he is an owner and resident of one of the Plymouth Creek units, and the Association has been very vocal in opposing the plan. He stated that the proposal mentioned by Mr. Hallisey to move the easterly parking lot was considered; however, the locations would not be close to any of the apartment buildings and a tot lot is nearby. Councilmember Vasiliou stated she takes offense and exception to the comments made about Chairman Plufka. The first time this parking issue was before the Council she had someone call the Vicksburg Village leasing office asking if there was a problem with parking. She was told there was no problem with parking. Regular Council Me ing October 21, 1991 Page 411 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91 -651 DENYING AN AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMENDMENT AND FINAL SITE PLAN, INCLUDING SHORELAND OVERLAY DISTRICT VARIANCES FOR WELSH CONSTRUCTION COMPANY (91071). The petitioner wai directed to include the neighborhood in further redesign, and to relocate the parking lot proposed on the easterly portion of the site. Motion carried on a roll call vote, five ayes. RESOLUTION 91 -651 DENYING AMENDED RPUD PLAN AND CUP AND FINAL SITE PLAN FOR WELSH CONSTRUCTION CO. 91071) Item 7 -I MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -652 seconde by Councilmember Zitur, to adopt RELEASE OF SITE RESOLUTI NO. 91 -652 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANC % 84(WAYZATA) RANTEE FOR INDEPENDENT SCHOOL GUARANTEE FOR DISTRICT 2 FOR GLEA.SON LAKE I.S.D. 284 (88036) ELEMENTARY OL (88036) . Item *7 -J -1 Motion carried oNa roll call vote, five ayes. MOTION was made by uncilmember Vasiliou, seconded by Councilme er Zitur, to adopt RESOLUTION 91 -653 AUTH IZING RELEASE OF SITE PERFORMANCE GUARANTEE FO INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) FO PLYMOUTH CREEK ELEMENTARY SCHOOL (88035) . Motion carried on a roll call'lote, five ayes. MOTION was made by Councilmember a seconded by Councilmember Zitur, t RESOLUTION NO. 91 -654 AUTHORIZING R PERFORMANCE GUARANTEE FOR INDEPENDE DISTRICT 284 (WAYZATA) FOR PLYMOUTH ELEMENTARY SCHOOL LOCATED AT 16005 NORTH (90072) . siliou, adopt OF SITE 41ST 'XVENUE Motion carried on a roll call vote, five MOTION was made by Councilmember Vasiliou, \ seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91 -655 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR PHEASANT TRAIL INVESTORS FOR PHEASANT TRAIL TOWNHOMES LOCATED SOUTH OF 53RD AVENUE NORTH AND EAST OF XIMINES LANE (87107). RESOLUTION 91 -653 RELEASE OF SITE PERFORMANCE GUARANTEE FOR I.S.D. 284 (88035) Item *7 -J -2 RESOLUTION 91 -654 RELEASE OF SITE PERFORMANCE GUARANTEE FOR I.S.D. 284 (90072) Item *7 -J -3 RESOLUTION 91 -655 RELEASE OF SITE PERFORMANCE LARANTEE FOR P SANT TRAIL TO HOMES ( 87107 ) Item *7 -J -4 Rip lV,.. . —. on ii u, r w tt• : \'Ili .,,• ..,, MEN CITY OF PLYMOUTH RESOLUTION 91- 651 DENYING AN AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT AMENDMENT AND FINAL SITE PLAN, INCLUDING SHORELAND OVERLAY DISTRICT VARIANCES FOR WELSH CONSTRUCTION COMPANY (91071) WHEREAS, Welsh Construction Company has requested an Amended Residential Planned Unit Development Plan and Conditional Use Permit and Final Site Plan including Shoreland Overlay District Variances to increase offstreet parking by 101 parking places on an existing site for Vicksburg Village Apartments located at 15700 Rockford Road; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request of Welsh Construction Company for an Amended Residential Planned Unit Development Plan and Conditional Use Permit and Final Site Plan including Shoreland Overlay District Variances to increase offstreet parking by 101 parking places on an existing site for Vicksburg Village Apartments located at 15700 Rockford Road based on the following findings: 1. The establishment, maintenance or operation of the conditional use will be detrimental to or endanger the public health, safety, morals or comfort. 2. The conditional use will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted and will substantially diminish and impair property values within the neighborhood. Adopted by the City Council on October 21, 1991. res /pc /91071) Planning Commission Minutes September 25, 1991 Page 171 and what controls are in place to insure the s family homes.will be built on the site. Chairman Plufka stated that anything but single family replatted or combined. e lots are not large qoFugh for homes, but said thgf could be Coordinator Dillerud stated he has not seejrthis happen. Chairman Plufka closed the Public Hear Commissioner Stulberg stated with the condition for access A, and said this access shoul the petitioner and the City C9 that is not comfortable to a site through Outlot i worked out with staff, cil. MOTION by Commissioner S berg, seconded by Commissioner Stimson to recommend -oval of the request by Custom Building Concepts, I for a Preliminary Plat to divide a 5.20 acre parcel to 9 single family lots, Variance regarding lot de and Rezoning from FRO to R -2 for property locat at the intersection of Northwest Boulevard at h Avenue North. City Engin r Faulkner stated an ease to the site and show this access will be on adjoining property. that the outlot will provide the petitioner will need to accomplished for 1 or 2 lots Chairman Plufka introduced the request by Welsh Construction Company for an Amendment to the RPUD Preliminary Plan /Conditional Use Permit, Final Site Plan, and Shoreland Management Variances, to increase offstreet parking by 101 places at the Vicksburg Village Apartments at 15700 Rockford Road. Coordinator Dillerud reviewed the September 16, 1991 staff report. Chairman Plufka asked for an explanation of the parking shortage complaints previously expressed before the City Council. Coordinator Dillerud stated that residents of the project complained in August, 1990 that some people were parking in fire lanes and driving lanes. The City Council asked for a management plan from owners which would eliminate the problem of parking in prohibited areas. Chairman Plufka asked if this is still a problem. MOTION TO APPROVE WELSH CONSTRUCTION CO. 91071) I. Planning Commission Minutes September 25, 1991 Page 172 Chairman Plufka read a letter from Ceil Strauss of the Department of Natural. Resources in which she stated DNR opposition to the increase in impervious coverage on the site over 30 percent. He also read the Conditional Use Permit and Variance criteria. Chairman Plufka introduced Mr. John Ploetz representing the petitioner. Mr. Ploetz stated that additional parking was needed to reduce congestion on the site. He stated that cars are being tagged currently for illegal parking. He said the owners are trying to comply with current parking standards and the proposed parking will be used only for resident vehicle parking (no boats or recreational vehicles). He said that landscaping will be installed to minimize the effect on adjacent property owners. Mr. Ploetz stated that the proposed northwest parking area will be further away from the creek thus eliminating pollution. He said he is open to suggestions on how to reduce the amount impervious coverage. Chairman Plufka asked what percent of apartments and garage parking stalls are occupied. Ms. Lisa Moe, Property Manager, responded that 85 percent of the apartments are occupied and all garage parking stalls are occupied. Chairman Plufka asked for an illustration of the berming height and landscaping. Paul Anderson described the landscaping and berm on for east side of the site to block headlights from .a lower proposed elevation of the parking lot. Mr. Anderson described plantings which would screen without a fence. He stated that a 4 foot berm height would be maintained, and that soil conditions are not good. Commissioner Syverson asked if adequate lighting will be provided. Mr. Anderson stated that lighting will be consistent with the present lighting. Chairman Plufka asked what hours the parking lot lights would be on. Mr. Anderson responded that parking lot lights would be on all night. Chairman Plufka open the Public Hearing. Planning Commission Minutes September 25, 1991 Page 173 Chairman Plufka introduced Mr. Patrick Hallisey of 4065 Quantico Lane. Mr. Hallisey stated that he represented himself as a property owner and the Plymouth Creek Homeowners Association. He presented a petition to the Commission from 75 -85 percent of the Association members. He stated that proper planning, adherence to code, and sufficient parking were previous concerns of the homeowners when the development was first proposed. He said that the complex contains maximum density with bad planning. He stated that the high rental rates, because of amenities, causes doubling up in apartments and the use of the amenities by friends of residents. Mr. Hallisey commented on the staff report recommendation for approval. He said that items 5 and 6 on page 3 of the staff report were concerns. He explained that homeowners in the area are not concerned with the screening of car headlights as much as screening the parking lots from homes which are above level of the parking lot. He said that he is able to look directly into the parking lot from his home. He said the lights are also visible from his home and should be screened. Mr. Hallisey stated that an increase in parking spaces was not the only way to solve the parking problems. He said that landscaping is preferred for screening, but it must be adequate and homeowners must be allowed to determine the type of screening. He said aesthetics is an issue and also homeowners want the agreement of the DNR and Bassett Creek Watershed District for any increase in impervious surface. Mr. Hallisey stated Variance criteria are not met by the petitioner since adjoining property values have diminished since construction as per the City Assessor. He said that the proposed solution violates the City Codes and is injurious to surrounding property owners. Mr. Hallisey stated that the homeowners would like to see a committee formed by neighbors, tenants and the City to define problems and look at alternate solutions. Chairman Plufka introduced Ms. Mary Campbell of 4120 Ranchview Lane North. Ms. Campbell stated she concurred with Mr. Hallisey's comments. Chairman Plufka introduced Mr. Don Connors of 15565 -41st Avenue North. Mr. Connors stated that he is concerned with the pollution of the pond and Plymouth Creek. He said he has studied the pollution of the creek and has found an increase in pollution of the water. Planning Commission Minutes September 25, 1991 Page 174 Chairman Plufka introduced Mr. Jerry Massmann of 4069 Quantico Lane. Mr. Massmann stated he endorses Mr. Hallisey's comments. Chairman Plufka introduced Mr. Dan Sieverding of 4061 Quantico Lane North. Mr. Sieverding stated he is concerned with the diminished values of property in the area, which is 7 percent. He suggested that alternatives be considered to solve the parking problems. He said that the number of cars for each apartment should be limited, and a possible solution would be to fill in the swimming pool and use the space for parking. He said he is also concerned with the pollution of the area and suggested that the creek be cleaned up. Mr. Ploetz stated the units are 2 bedroom, and they are trying to eliminate recreational vehicles on the site. He said they have tried to address aesthetics with the berms and landscaping. Mr. Ploetz commented that some loss in property values may be due to the economy. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner Zylla to deny the request by Welsh Construction Company for an Amendment to the RPUD Preliminary Plan /Conditional Use Permit, Final Site Plan and Shoreland Management Variances to increase offstreet parking by 101 places at the Vicksburg Village Apartments at 15700 Rockford Road based on the finding that the request does not meet Conditional Use Permit standards 2 and 3. Commissioner Stulberg stated that it is not necessary to review the topic of whether this request meets the Zoning Ordinance standards if the Conditional Use Permit is denied. Commissioner Stulberg stated that he would like to see something done to solve the problems of parking and the pollution. Chairman Plufka discussed lower property values and stated that he liked the suggestion that the Homeowners Association get involved in discussions with Department of Natural Resource, and apartment owners. Coordinator Dillerud stated that it seems the discussion mostly relates to the east parking lot area. He asked if the issues affect the west parking lot in the same way. Chairman Plufka stated that both areas are affected. MOTION TO DENY Planning Commission Minutes September 25, 1991 Page 175 Coordinator Dillerud asked the Commissioners if parking should be considered anywhere outside the perimeter of the buildings and if so .further discussion would be helpful to staff. Chairman Plufka stated that the motion is for denial of the request, and not for tabling. Commissioner Syverson stated that he had lived in the Vicksburg Village apartments and there is a need for compromise between the neighbors and the apartment owners. Roll Call Vote. 5 Ayes. MOTION for denial carried on a 5 -0 vote. was reconvened at 8:55 p.m. VOTE - MOTION FOR DENIAL CARRIED Chairman Plufka introduced the request by Vision of G ry VISION OF GLORY Lutheran Church for a Site Plan Amendment and Condit nal LUTHERAN CHURCH Use Permit to construct a 60 foot bell tower the (91076) existing church at the. southwest corner of Teakwo Lane and 26th Avenue North. Chairman Plufka waived the review of the Se 1mber 16, staff report. There was no representative from the c/ ta, esent at the meeting. Chairman Plufka opened the Public Hear Chairman Plufka introduced Mr. Bob representing We lsh Companies for the Prudential Com Mr. Bouta asked if the bell tower uld be 60 feet from ground or from the top of church. Coordinator Dillerud responded at it was 60 feet from the ground, and would be built to the side of the church in a notch. Mr. Bouta stated he has noAbjection to the proposal. Chairman Plufka closed Ae Public Hearing. MOTION by ChairmpF Plufka, seconded by Commissioner Stimson to reco d approval of the request by Vision of Glory Luthera hurch for a Site Plan Amendment and Conditional a Permit to construct a 60 foot bell tower to the e ' ing church at the southwest corner of Teakwood Lan 26th Avenue North, subject to the conditions of t 1/ 18. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 24, 1992 COMMISSION MEETING DATE: July 8, 1992 FILE NO.: 91085 PETITIONER: Ryan Construction Company REQUEST: Amended Mixed Planned Unit Development Plan and Conditional Use Permit for Waterford Park Shopping Center to allow for a second pylon sign of 54 square feet. LOCATION: Northeast corner of 6th Avenue and Revere Lane GUIDE PLAN CLASS: CS (Service Business) ZONING: MPUD 86 -1 (underlying zoning is B -3) BACKGROUND: On August 24, 1987, the City Council, by Resolution 87 -540, approved a Land Use Guide Plan Amendment and MPUD Concept Plan for Ryan Construction Company on this site. On June 6, 1988, a MPUD Preliminary Plat and Conditional Use Permit was approved for this site by Resolution 88 -308. The approval expressly stated that the PUD Plan included no variances from the Zoning Ordinance specifications, which would include signage. On September 9, 1988, the Site Plan for Waterford Park Plaza was administratively approved, including signage consistent with the Zoning Ordinance standards. On March 4, 1991, the City Council, by Resolution 91 -113, approved an Amended Mixed Planned Unit Development Plan and Conditional Use Permit to increase the percentage of wall coverage by signs from 5 percent to 10 percent. Notice of this Public Hearing has been published in the Official City Newspaper and notices have been mailed to all property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes a second pylon sign along the west side of the site adjacent to Revere Lane. TFe sign will be located within 4 feet of the right -of -way line of Revere Lane and 4 feet from the parking spaces on the west side of the parking lot. The sign structure is proposed to be 12 feet 6 inches tall by 11 feet 1 inch wide with 54 square feet of signage. 2. The petitioner indicates that this additional signage will aid in the visibility and identity of the individual retail stores in the strip part of the shopping center. Page Two, File 91085 3. The existing 94 square foot pylon sign is located at the entrance to the center off of 6th Avenue North. The sign is set back from the property line and drive aisle 20 feet; and, 35 feet from adjacent parking. 4. Before any Conditional Use Permit may be granted, the Planning Commission must review the requested proposal for purposes of evaluation against the standards set forth in Section 9, Subdivision A, Paragraph 2a of the Zoning Ordinance. Attached is a copy of the Conditional Use Permit criteria along with the petitioner's response. PLANNING STAFF COMMENTS: 1. At the current time, the Planning Commission is reviewing the Zoning Ordinance criteria for signage. Part of this review includes City requirements for freestanding signs. Planning Commission review of this subject has not been completed as of the date of this staff report. 2. The setback of the center was a design consideration from the developer. This is a typical center layout with parking in front, and a broad open exposure of the face of the center to the main entrance way which is along Revere Lane. 3. While no specific "hardship" need be established for a PUD Amendment, at least part of the basis for this request is the inability of prospective customers to the shopping center businesses to identify which businesses are located in the center. The existing freestanding sign (on the State Highway 55 Service Road) identifies three of the several existing and future tenants within the center. 4. The underlying zoning of this PUD is B -3 (Service Business) but, with respect to the shopping center itself, could as easily have been B -2. The significance of this with respect to signage of the shopping center is that a shopping center such as this in a B -2 zoning district is permitted pylon (freestanding) signage based on the number of collector or arterial street approaches to the shopping center. On that basis, once Revere Lane is extended northerly to 10th Avenue North this site will have two collector street approaches and, then were it zoned B -2, it would eligible for two freestanding signs. This is the type of distinction with regard to Zoning Ordinance detail that it often the subject of flexibility in a PUD Plan - -or PUD Plan Amendment. 5. There would appear to be a number of options available to the property owner to accomplish the signage "mission" being addressed without the necessity for a second freestanding sign. These would include but not be limited to the following: a. Enlarging the existing freestanding sign. b. Moving the freestanding sign to a location where better visibility is afforded in combination with enlargement of the freestanding sign. Page Three, File 91085 C . Redesign of the freestanding sign to place a greater emphasis on several tenants of the center rather than just three. 6. Particularly because Revere Lane is a collector street, it will, when connected through to 10th Avenue North, carry substantial traffic. We find the proposed setback reduction from the 20 feet required by the Zoning Ordinance to the 4 feet proposed by this application to be significant, both in terms of the appearance of the streetscape, and the potential for the sign to constitute distraction, therefore a hazzard to motorists. 7. Requested is an amendment to the Planned Unit Development Conditional Use Permit. One of the foundation principals of the Planned Unit Development approach to land use control is that a measure of flexibility is provided by the City from dimensional standards of the Zoning Ordinance where the public good is not compromised in return for a measure of design creativity and project enhancements from the developer. Here the developer is proposing to increase the level of flexibility by requesting signage in excess of the ordinance standards but proposes no corresponding enhancements or creativity with respect to the design features of the project. RECOMMENDATION: While the concept of a second freestanding sin for a shopping center where two collector street approaches are available such will be the case here) i -s not without merit based on the Zoning Ordinance, I can not find sufficient basis to recommend approval of this particular proposal. The sign proposed both is and looks like an "after thought ", and will detract from the streetscape of Revere Lane -- particularly since it is proposed to be located significantly closer to the right -of -way line than most other signs in the community. Perhaps a sign with a theme such as the existing freestanding sign, at a location closer to the appropriate setback line (which could result in a need to alter the parking lot), would both serve the mission of the developer in this instance and be more in the public interest, thereby qualifying as a Conditional Use Permit amendment. Consistent with prior practice I have prepared resolutions both denying the Conditional Use Permit Amendment, as recommended; and, approving the Conditional Use Penn t,,Amendment conkistent wy't!y the application. Submitted by: ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. eruct, commun Draft Resolution Denying Amended MPUD Plan and Conditional Use Permit Draft Resolution Approving Amended MPUD Plan Conditional Use Permit Standards Petitioner's Narrative Location Map Approved MPUD Plan Petitioner's Graphics and Conditional Use Permit DENYING AN AMENDED MIXED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR RYAN CONSTRUCTION COMPANY FOR WATERFORD PARK PLAZA LOCATED AT THE NORTHEAST CORNER OF 6TH AVENUE NORTH AND REVERE LANE (91085) WHEREAS, Ryan Construction Company has requested approval for an Amended Mixed Planned Unit Development Plan and Conditional Use Permit for Waterford Park to permit a second pylon sign for property located at the northeast corder of 6th Avenue North and Revere Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Ryan Construction Company for an Amended Mixed Planned Unit Development Plan and Conditional Use Permit for Waterford Park to permit a second pylon sign for property located at the northeast corner of 6th Avenue North and Revere Lane, based on the following findings: I. The proposed second pylon sign will endanger the public safety and be injurious to the travelling public along Revere Lane. APPROVING AN AMENDED MIXED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR RYAN CONSTRUCTION COMPANY FOR WATERFORD PARK PLAZA LOCATED AT THE NORTHEAST CORNER OF 6TH AVENUE NORTH AND REVERE LANE (91085) WHEREAS, Ryan Construction Company has requested approval for an Amended Mixed Planned Unit Development Plan and Conditional Use Permit for Waterford Park to permit a second pylon sign for property located at the northeast corner of 6th Avenue North and Revere 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 Ryan Construction Company for an Amended Mixed Planned Unit Development Plan and Conditional Use Permit for Waterford Park to permit a second pylon sign for property located at the northeast corner of 6th Avenue North and Revere Lane, 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. A second pylon sign is permitted along the west property line of the project. The sign shall be limited to 12 feet 6 inches in height by 11 feet 1 inch in width, with a setback of 4 feet to the property line and a 4 foot setback to parking spaces. 3. A total of 54 square feet of signage is permitted. 1' s•. 1 V •. Pxx S=CK 91 S[ IVISIQT A 2. $fig. Before any Conditional 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 recal lation to the City Oauril, 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 prcmDte and enhance the general public welfare and will not be detrimental to or endangar 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 pe=tted, nor substantially duwu sh and impair property values within the neighborhood. 4) The establishment of the conditional use will not bpede the normal and orderly development and impr+avement 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. fo:= :o>pl /cup.stnd /s) 10/69 NARRATIVE WATERFORD PLAZA - PYLON /MONUMENT SIGN PUD AMENNENT /00NDITIONAL USE PERMIT The following points are per Section 9, Subdivision A of the Plymouth Zoning Ordinance: 1. The addition of a pylon /monument sign at Waterford Plaza PUD complies with the City's overall Comprehensive Plan. 2. The addition of a pylon /monument sign at Waterford Plaza PUD will promote and enhance public welfare. It will not be detrimental to nor endanger the public health and safety. morale. or comforts of the residents of the City of Plymouth. 3. The approval of this conditional use will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the proposed uses already permitted. It will not substantially diminish or impair property values in the neighborhood. Quite the contrary, this addition of a pylon /monument sign at Waterford Plaza PUD will enhance the broader desirability of Waterford Plaza, thereby improving the property values within the neighborhood. 4. The establishment of the conditional uses will not impede the normal and orderly development of improvements of surrounding property values for the uses permitted in the district. 5. The addition of a pylon /monument sign at Waterford Plaza PUD shall conform in all respects to the applicable regulations imposed upon the overall Master PUD. 1 A It MI_ a.Z m mix I_ _ k_, OW 1 o e r 4b k_, OW 1 o e r j I LP oil I kit; Till! "P J11.1LJj ILI! A JIB lit Nm am 0 n rug I I a 1 F3 1ZI-41 U-> IFE-) ij IN&W METAL COLUMW STEEL COLLW W - SEE STMTUCAL TOUMD COWL. FOOTWG SEE STX CTUtAL FWLSh1ED GRADE 1171" • 1' -0" METAL FKANJ W/ -i FREFWL44hW , r CALUNW COVtR JUL 1 1992 CITy 0- i vi COMMUNITY D6-VI: GF'P.1 114T UEPF STEEL cam -SEE SIGWAGE bU KHEAD STMTW.AL AaO& 12" . 1 ' -O" There are no Community Development files related to this issue. Notice of this Public Hearing has been published in the Official City Newspaper and notices have been mailed to all property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner is proposing to attach two 30 inch by 90 inch banners to the light poles in the median of Carlson Parkway. These banners will include the Carlson Center name and logo. A total of 8 light standards are proposed to :have these banners attached. This banner proposal is in conjunction with the banners proposed on Carlson Parkway in Minnetonka. The petitioner has indicated that the banners are maintenance free and have a life expectancy of 2 to 4 years. They have also stated that they will replace any worn banners. The Conditional Use Permit is for temporary banners in City right -of -way. 2. The variance request is from the Zoning Ordinance 60 day maximum time limit for temporary banners in City right -of -way. The Planning Commission must review this request versus the Variance Criteria set forth in Section 11, Subdivision C, Paragraph 2d. Attached is a copy of the Variance Criteria. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 25, 1992 COMMISSION MEETING DATE: July 8, 1992 FILE NO.: 92048 PETITIONER: Carlson Real Estate Company REQUEST: Conditional Use Permit and Variance to allow banners to be attached street light poles in the median of Carlson Parkway. LOCATION: Carlson Parkway Right -of -Way extended south from Interstate 494 to the south City limit line. GUIDE PLAN CLASS: Northeast of Carlson Parkway is guided CR -2 (Regional Shopping); northwest is guided LA -1 (Low Density Residential); and, both sides of the south half of Carlson Parkway guided as CL (Limited Business). ZONING: Northeast of Carlson Parkway is zoned B -2 (Shopping Center Business); northwest is zoned R -1A (Low Density Single Family Residential); and the south half on each side of Carlson Parkway is zoned B -1 (Office Limited Business). BACKGROUND: There are no Community Development files related to this issue. Notice of this Public Hearing has been published in the Official City Newspaper and notices have been mailed to all property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner is proposing to attach two 30 inch by 90 inch banners to the light poles in the median of Carlson Parkway. These banners will include the Carlson Center name and logo. A total of 8 light standards are proposed to :have these banners attached. This banner proposal is in conjunction with the banners proposed on Carlson Parkway in Minnetonka. The petitioner has indicated that the banners are maintenance free and have a life expectancy of 2 to 4 years. They have also stated that they will replace any worn banners. The Conditional Use Permit is for temporary banners in City right -of -way. 2. The variance request is from the Zoning Ordinance 60 day maximum time limit for temporary banners in City right -of -way. The Planning Commission must review this request versus the Variance Criteria set forth in Section 11, Subdivision C, Paragraph 2d. Attached is a copy of the Variance Criteria. Page Two, File 92048 3. Before any Conditional Use Permit may be granted, the Planning Commission must review the requested proposal for purposes of evaluation against the standards set forth in Section 9, Subdivision A, Paragraph 2a. Attached is a copy of the Conditional Use Permit standards and the petitioner's response. PLANNING STAFF CObMENTS: 1. We are not certain that our current Zoning Ordinance standards anticipated some of the more contemporary methods of personalizing and creating atmosphere" in commercial /industrial or residential development projects. We can find no provisions in the ordinance that would allow the light pole banners that have become popular in many communities, other than for a 90 day period. Clearly the Zoning Ordinance anticipated any of these banners would be of a strictly advertising nature rather than a project enhancement - -such as appears to be the case with this proposal. If this reasoning is accurate, the appropriate question would be whether it is better to amend the Zoning Ordinance to address contemporary project features (such as banners on a full -time basis) or address each proposal on its merits using the Conditional Use Permit /Variance procedures of the Zoning Ordinance. If this were expected to be a reoccurring request, an ordinance amendment would be the most appropriate. If, on the other hand, only a few possibilities exist in the community for such a request:to be repeated, perhaps the best method would be to simply use the Conditional Use Permit /Variance procedures in this and whatever few other cases might appear in the future. Since the opportunity for banners on public light poles (whether in medians or not) are extremely limited within Plymouth - -and since most of those opportunities other than here are within PUD's where requests can be handled simply with a Conditional Use Permit amendment - -we do not recommend amendment to the Zoning Ordinance to accommodate requests such as these at this time. 2. We can clearly distinguish between this particular request for banners of a project enhancement nature and similar types of requests that would involve either site or tenant advertising. These banners would become enhancements that identify a sizeable project with many individual parcels and many more individual businesses. There are few other developments within Plymouth that would fit the same criteria (such as Northwest Business Campus or the Bass Creek Business Park). 3. The most obvious potential "downside" of this proposal is the certainty that banners such as this will over time, if not continuously maintained, become shabby and therefore detract from the appearance of the project rather than work as an enhancement to that appearance. While Carlson Companies have in their application indicated it is their intention to perpetually maintain the banners, and we have absolute confidence that Carlson Companies will remain "on the scene" to do so, we believe it is prudent for the City to periodically review this type of project enhancement for its continued contribution to the project -- primarily since it is located on public property. Page Three, File 92048 4. Based primarily on the foregoing we find the application, when conditioned on periodic renewal of the Conditional Use Permit meets both the Zoning Ordinance Variance standards and the Conditional Use Permit standards. An appropriate condition has been added to the recommended resolution of approval providing for renewal of the Conditional Use Permit at two -year intervals to monitor the condition of and continued need for banners. 5. The request for banners in the Minnetonka portion of Carlson Parkway is scheduled for their Planning Commission on July 18, 1992. We understand Minnetonka staff may recommend limiting the banners to every third or every other light pole from an aesthetic perspective. RECOMMENDATION: I hereby recommend ap oval of the Conditional Use Permit and Variance for the attachment of banne light poles the Ca on Parkway right -of -way. Submitted by: Char es E. Di eru , Community Development Director ATTACHMENTS: 1. Draft Resolution Approving Conditional Use Permit and Variance 2. Conditional Use Permit Standards 3. Variance Standards 4. Petitioner's Narrative 5. Location Map 6. Petitioner's Graphics APPROVING CONDITIONAL USE PERMIT AND VARIANCE FOR CARLSON REAL ESTATE COMPANY LOCATED AT THE CARLSON PARKWAY RIGHT -OF -WAY EXTENDED SOUTH FROM INTERSTATE 494 TO THE SOUTH CITY LIMIT LINE(92048) WHEREAS, Carlson Real Estate Company has requested approval for a Conditional Use Permit to allow temporary banners in the public right -of -way and a variance to allow the banners to be within the right -of -way 365 days a year for property located at the Carlson Parkway right -of -way extended south from Interstate 494 to the south City limit line; 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 Carlson Real Estate for a Conditional Use Permit to allow for temporary banners in the public right -of -way and a variance to allow the banners to be within the right -of -way 365 days a year for property located at the Carlson Parkway right -of -way extended south from Interstate 494 to the south City limit line, 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. Carlson Real Estate Company will maintain the banners and replace any banners which fall into disrepair. 3. A Variance has' been approved to allow for temporary banners to be located within the right -of -way in the right -of -way for 365 days a year versus the Zoning Ordinance maximum of 90 days. 4. The Conditional Use Permit shall be renewed in two years to evaluate the maintenance and continued need for the banners. I i• ,N .7 • :•. I v •.I. FROR SBL` CN 9, St_UIVISICN A 2. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Cm uLi.ssion for purposes of evaluation against the standards of this section, Public Hearing, and development of a reoamrendation to the City Council, which shall make the final date munation as to approval or denial. a. The Planning Mmmission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the Chensive 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 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. fonds :o>pl /cup.stnd /s) 10/89 e 11 , —zq 1 0 M' 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same 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. S. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the 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. forms:o >pl /zon.stnd /s) 10/89 CARLSON REAL ESTA'T'E COM PAIN 1' May 20, 1992 Mr. Chuck Dillerud Planning Director City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Chuck: JUN 4 1992 CITY OF PLYMOU i H COMNIUNiTY DE1iELOPNIENT DEPT. Because I am requesting a conditional use permit, I would like to respond to the six points that the City will be considering: 1. The addition of decorations in the right -of -way will not have any effect upon the comprehensive plan for two reasons: a. There will be no impact on traffic. b. There will be no adverse impact on other buildings of the surrounding neighborhood because this is an aesthetic change, not a land or building use change. 2. The establishment and maintenance of the conditional use will promote and enhance the general public welfare by adding additional beauty and uniqueness to the heavily landscaped and tree -lined Carlson Parkway. This decorative conditional use will not endanger the public health, safety, morals, or comfort in anyway. 3. This conditional use will not adversely impact any other properties in the area. In fact, these decorations will enhance the beauty of Carlson Parkway and add to the harmony of the Carlson Center Development. 4. This does not apply because this conditional use permit requires no changes in land use or traffic counts. 5. N/A 6. It is our intent to comply with all applicable regulations. 2222 Plaza V11,45 South Seventh Street, Minneapolis, Minnesota 55402 612- 333 -9898 Mr. Chuck Dillerud May 20, 1992 Page Two If you have any questions, please call me. Sincerely, CARLSON REAL ESTATE COMPANY, INC. Kathryn I. Benz Manager of Investments 612) 333 -9879 RIB /tlk CARLSON REAL ESTATE COMPANY a NO 11 M . oil lox Fil am I11 i .. I i C0 !,11,11!1:2 to] ,,1:,! I Mom STREET LIGHTS NIl Allo 64100"11.1 1 A l ll •LNOI i sain V GIEAS N I2 W W Z W U Z ' O on J ir U J # 0 I Q Q o 0 a 1 I / Zl/ r i l ITY OF PLYMOUTH CITY OF MINNETONKA N T z z O U W n W z Z Z O WiAU J Q U I it Z En I1 U I / Zl/ r i l ITY OF PLYMOUTH CITY OF MINNETONKA N T Lill 3 C A R L S O N C E N i ui a t Lill 3 C A R L S O N C E N i ui a mli IL z 24 7rZY,, 7 1 "71 q, 1) - CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 25, 1992 COMMISSION MEETING DATE: July 8, 1992 FILE NO.: 92049 PETITIONER: Minnegasco REQUEST: Amendment to Planned Unit Development Plan and Conditional Use Permit to allow for an experimental fuel service pump at a single family site. LOCATION: 11525 -51st Avenue North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: RPUD 76 -4 BACKGROUND: On June 6, 1977, the City Council, by Resolution 77 -269, approved a Residential Planned Unit Development and Conditional Use Permit for the Schmidt Lake Woods subdivision. Notice of this Public Hearing has been published in the Official City Newspaper and notices have been mailed to all property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner is requesting approval of the installation of a vehicle fueling appliance (VFA) to be located on the exterior of a Minnegasco employee's home. Staff has determined that this would constitute an Amendment to the PUD Plan. The VFA will pressurize regular house natural gas for fueling a natural gas powered vehicle. The natural gas powered vehicle is provided to the employee by Minnegasco. This is an experimental project to determine if vehicle fueling appliances can be utilized for residential uses on a commercial basis. The proposed VFA is to be located 7 feet in front of the garage. The VFA will have a 6 foot hose so the vehicle cannot be refueled while parked inside the garage. The VFA is also proposed to be located 11 feet from the property line. The side yard setback in this Planned Unit Development is 10 feet. 2. The proposal includes two posts to prevent vehicles from bumping into the VFA. Page Two, File 92049 3. The proposal includes two plants to screen the VFA from the street. The plan does not indicate the type or size of the landscaping. 4. The petitioner has provided information showing that the 45 dba noise level generated by the vehicle fueling pump is less than a window air conditioner which generates 50 dba. The 45 -50 dba is listed as moderate noise in the 1989 Fundamentals Handbook of the American Society of Heating and Refrigeration Association for Engineers, Chapter 7.2. 5. Before any Conditional Use Permit may be granted, the Planning Commission must review the requested proposal for purposes of evaluation against the standards set forth in Section 9, Subdivision A, Paragraph 2a. A copy of the Conditional Use Permit criteria is attached along with the petitioner's narrative. PLANNING STAFF COMMENTS: 1. Staff finds that the Landscape Plan does not provide effective screening of the VFA from the street or from the adjoining property. The Landscape Plan should be modified to require coniferous plantings of at least 28 inches in height at the time of planting. The VFA is 28 inches in height. In addition, two additional plants should be placed on the east side of the VFA to screen the VFA from the adjacent lot. 2. Staff finds that the noise level generated by the VFA is within the acceptable noise levels in a residential area. 3. Staff finds that the request meets the Conditional Use Permit criteria as an experimental project, based on the conditions listed in the draft resolution. RECOMMENDATION: I hereby recommend approval of the Conditional Use Permit for the installation of a vehicle fuel ino,anliance at a_ residential site. Submitted by: nity Development Director ATTACHMENTS: 1. Draft Resolution Approving an Amended RPUD Plan and Conditional Use Permit 2. Conditional Use Permit Standards 3. Petitioner's Narrative 4. Location Map 5. Petitioner's Graphics APPROVING AMENDED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR MINNEGASCO LOCATED AT 11525 -51ST AVENUE NORTH (92049) WHEREAS, Minnegasco has requested approval for an Amended Planned Unit Development Plan and Conditional Use Permit to install a vehicle fueling appliance for property located at 11525 -51st 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 Minnegasco for an Amended Planned Unit Development Plan and Conditional Use Permit to install a vehicle fueling appliance for property located at 11525- 51st Avenue North, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 2. The site shall be maintained in a sanitary manner. 3. No signage is allowed relative to the use. 4. The Landscape Plan shall include 4 coniferous plantings of 28 inches in height at the time of planting, 2 in front and 2 on the east side of the VFA to screen the vehicle fueling applicance from the street and from the adjacent property. 5. This Conditional Use Permit shall be subject to renewal one year from the date of this resolution. At that time the need for subsequent annual renewals shall be considered. i i PKX SWnCN 9, S--- IVISICK A 2. Pte. Before any Conditional Use Pe=t 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 re=,via elation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Catmission shall review the application and consider its conformw -ce with the following standards: 1) Compliance with and effect upon the Caq=ehensive 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 pe=Litted, 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 perntitted 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. formsso >pl /cup.stnd /s) 10/89 FACTORY DIRECT DEDICATED NATURAL GAS VEHICLES AND RESIDENTIAL FUELING APPLIANCES THREE YEAR TEST PROJECT Overview 1992 Objective 1992 Scope 1992 Program Measurement 1992 Schedule MINNEGASCO N.G.V. TEAM MAY 1, 1992 i t60TTS-50N I OVERVIEW Minnegasco plans to expand its Natural Gas Vehicle program by conducting a test over the next three years which will include the installation of a maximum of twenty Vehicle Fueling Appliances (V.F.A.'s) at the residences of company employees in the Metro area. Along with the V.F.A.'s these employees will receive factory dedicated Natural Gas Vehicles (N.G.V.'s). Minnegasco will train these employees on the use and safety features of the V.F.A.'s and vehicles, as well as conduct monthly safety and maintenance inspections. All V.F.A's and dedicated vehicles will be Minnegasco owned and operated by Minnegasco employees only. The installation of the V.F.A's will occur upon approval from the Zoning, Planning, and Fire authorities from each jurisdiction. The V.F.A.'s will be installed for outdoor fueling only such that point of transfer (end of hose) will not allow for indoor fueling. Annual and final reports on test program findings will be available to interested state and local officials upon request. Safety, reliability, and economics will eventually determine future commercial market opportunity in Minnegasco's service territory. 1992 OBJECTIVE To field test manufacturer's dedicated natural gas vehicles in conjunction with the home vehicle fueling appliance concept. To evaluate equipment and vehicle durability, reliability, driver acceptance, and installation costs. 1992 SCOPE Place (6) Dodge B250/350 full size vans, (2) G.M Sierra 3/4 ton pick -up trucks in residential application for fueling by ( 8) Fuel Maker fueling appliances. The fueling appliance offers opportunities to fuel fleet vehicles which are not centrally based, and traditionally would not be considered candidates for natural gas fuel. These new products will be introduced and evaluated in Minnegasco's fleet to assist and support OEM's in the development of the alternate fuels market, as well as determine actual installation and operating cost savings. Vehicle fueling appliances will be installed at residences of drivers who volunteer to participate in this program and accept dedicated natural gas vehicles. Minnegasco will fund all installation and operating costs associated with these dedicated vehicles and fueling appliances. Residential locations will be kept in close proximity to company yards that are compressor equipped to serve as back- up for the at -home fueling appliance. Expansion of this program in 1993 and beyond will depend on operating experience and driver acceptance. 1992 PROGRAM MEASUREMENT VEHICLES - Operating and maintenance data will be tracked. The monthly gas consumption will be inputted based on 125SCF as the equivalent to a gallon of gasoline. FUELING APPLIANCES - Maintenance and repairs that result from monthly checks or unanticipated downtime will also be tracked. DRIVER ACCEPTANCE - Survey will be utilized on a semi - annual basis. acair.rvgv Cl 2 0ek 9 Conditional Use Permit for Minnegasco's V.F.A. Installation Minnegasco requests Planning Commission approval for the installation of a Vehicle Fueling Appliance (V.F.A.) at the residence of Robert Yerxa of 11525 51st Avenue North, a Minnegasco Appliance Serviceman. The V.F.A. fuels a Minnegasco owned factory built dedicated Natural Gas Vehicle (NGV) by compressing regular house pressure natural gas. No gas storage is involved (other than on board vehicle storage). The V.F.A. meets the American Gas Associates (AGA) listing requirements for safety and use in outdoor residential applications. The unit will be installed per manufacturer's specifications as well as National Fire Protection Association (N.F.P.A. #52) Standards for Compressed Natural Gas Vehicular Fuel Systems. The unit will be located next to the driveway and in front of the garage, per request of state and local Plymouth Fire Marshals. The V.F.A. installation is similar in appearance to an air conditioner, but approximately half the size and quieter (40% less noise output). The attached overview explaining Minnegasco's V.F.A. program has been included for your information. Alp attachment W TS11C_i IL 1E MEMO z::i" uml N 0/ NMINI R.. TP aw!t i osAP m w a -j, Iwewo in 6 tomii ," /1,j , lab OWN r I II:i.l 1i Nonni i .!a llill_ 11 tI'mr! fil IL 1E CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 25, 1992 COMMISSION MEETING DATE: July 8, 1992 FILE NO.: 92050 PETITIONER: U.S. Homes Corporation REQUEST: Amended Planned Unit Development Plan and Conditional Use Permit to allow for fencing over 3 feet in height in the front yard. LOCATION: Lot 1, Block 5, Bridlewood Farm. GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: RPUD 90 -2 BACKGROUND: On December 10, 1990, the City Council, by Resolution 90 -771 approved a Residential Planned Unit Development Preliminary Plan /Plat, Conditional Use Permit, and Rezoning for U.S. Homes Corporation. On July 1, 1991, the City Council, by Resolution 91 -354, approved a Final Plat for Thompson Land Development for Bridlewood Farm. Notice of this Public Hearing has been published in the Official City Newspaper and notices have been mailed to all property owners within 500 feet. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner is requesting approval of the placement of a fence in excess of the 3 foot height standard in the front yard on Lot 1, Block 8. The proposed fence is to be 6 feet in height. Only a 15 foot 6 inch section of the 40 foot fence will exceed 3 feet in height. The fence is to consist of cut field stone with the Bridlewood Farm signage placed on the fence. The signage is in compliance with Zoning Ordinance standards. 2. The petitioner has indicated that they will amend the Declaration of Covenants for the subdivision to include Homeowners Association maintenance of the proposed fencing and landscaping within the easements along Medina Road. 3. Before any Conditional Use Permit may be granted or amended, the Planning Commission shall review the requested proposal for purposes of evaluation against the standards set forth in Section 9, Subdivision A, Paragraph 2a. A copy of the Conditional Use Permit criteria along with the petitioner's narrative is attached. Page Two, File 92050 4. The Planning Commission must also consider this request in terms of the Planned Unit Development Preliminary Plan /Plat criteria found in Section 9, Subdivision B, Paragraph 5, of the Zoning Ordinance. We have attached a copy of this criteria. PLANNING STAFF COMMENTS: 1. Staff finds that the proposed request meets the criteria for Conditional Use Permits. Staff finds that the increased height and size of the fence does not impede the normal and orderly development and improvement of the surrounding property and will not be injurious to the use and enjoyment of other property in the subdivision. 2. Staff's primary concern, maintenance of the fencing, has been satisfied with the petitioner's proposal to require the Homeowners Association to maintain the fence. RECOMMENDATION: I hereby recommend approval of the attached resolution approving the Amended Planned Unit Development Plan and Conditional Use Permit to allow for increased height of nce from 3 fe to 6 feet. Submitted by: 011 Charles E. Dil erud, Community Development Director ATTACHMENTS: 1. Draft Resolution Approving Amended Planned Unit Development Plan and Conditional Use Permit 2. Conditional Use Permit Standards 3. PUD Plan Standards 4. Petitioner's Narrative 5. Location Map 6. Petitioner's Graphics 0 0 APPROVING AMENDED PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR U.S. HOMES LOCATED ON LOT 1, BLOCK 5, BRIDLEWOOD FARM (92050) WHEREAS, U.S. Homes Corporation has requested approval for an Amended Planned Unit Development Plan and Conditional Use Permit to permit a 6 foot high fence to be located in the front yard for property located at Lot 1, Block 5, Bridlewood Farm; 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 U.S. Homes Corporation for an Amended Planned Unit Development Plan and Conditional Use Permit to permit a 6 foot high fence to be located in the front yard for property located at Lot 1, Block 5, Bridlewood Farm, 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 Homeowners Association Declaration of Covenants and Restrictions shall be amended and recorded with Hennepin County to provide for Homeowners Association maintenance and upkeep of the fencing prior to issuance of the fence permit. FROM S=GN 91 SUBDIVISIGN A MFe19 zi 2. Before any Conditional 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 recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its 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 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 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. r conventions:pl /jk /pud) Planning and Zoning Application Form Page 2 7. BRIEF DESCRIPTION oF-REQUEST (Attach separate sheet, if necessary): To install entry monuments and fencing at intersection of Medina Road and Yellowstone /Urbandale Lanes North. Entry monument and fencing to be owned and maintained by Bridlewood Farm Homeowner's Association. Easements will be created where Monument and Fence exist. rte ''C*T.11 ri) r M ra ice F lSRI= m I' I 1 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: July 10, 1992 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT: JULY 13 CITY COUNCIL STUDY SESSION The City Council has scheduled a study session for 5:00 p.m., Monday, July 13 to discuss 1993 budget priorities. A light dinner will be served. Attached is information about the 1992 tax levy, tax capacity value, and market value, and the estimated tax capacity value and market value for 1993. Two significant changes will occur in 1993. First, the tax classification rate for our households will change from 1% for values less than $72,000, 2% up to $115,000, and 2.5% beyond $115,000 value, to 1% for less than $72,000 value and 2% for anything above that value. Similarly, the commercial tax classification rate will decrease from 4.75 % to 4.70 % and 3.6 % to 5.4 % for apartments. For the average Plymouth taxpayer, this will represent some easing in property tax burden, all other things being equal. The legislation provides that the tax capacity value which would otherwise have been provided by this half percent, will be made up by greater Homestead and Agricultural Credit (HACA) Aid. The second major change is that levy limits have been eliminated for the first time in many years. I am hopeful that the Council will spend the available time Monday evening discussing its expectations for 1993 service levels and priorities. At the meeting I will provide the Council with a list of new positions which have been proposed by department heads in their 1993 budgets. I would also like to discuss with the Council the following: 1. Funding sources and levels for street reconstruction. 2. Initiation of a storm sewer utility fund. 3. Creation of a centralized code enforcement office for point of sale and rental unit inspections. The study session is scheduled to adjourn at 7:00 p.m. SPECIAL LEVIES rax abatements and 1992 1992 1993 200,483 Adopted Adopted Tax Proposed 63 Levy Capacity Rate Levy 3ENERAL PURPOSE LEVIES 254,000 44 City Special Assessments eneral Fund 8,038,400 13.89 357,410 Infrastructure 930,818 1.61 2.30 Storm Sewer Tax Districts 300,034 52 Total General Purpose 9,269,252 16.02 SPECIAL LEVIES rax abatements and cancellations 200,483 35 1980 Park Bonds 363,000 63 1980 Storm Sewer Bonds 44,000 08 1987 Fire Station Bonds 254,000 44 City Special Assessments 110,000 18 HRA 357,410 62 Total Special Levies 1,328,893 2.30 TOTAL ALL LEVIES 10,598,145 18.32 LESS: HOMESTEAD & AG CREDIT AID HACA) 1,413,712 2.44 9,184,433 15.88 TAX CAPACITY VALUE $57,854,472 $53,163,336 MARKET VALUE $2,759,981,400 $2,789,728,100 1993 Proposed Tax Capacity Rate