HomeMy WebLinkAboutPlanning Commission Packet 07-22-1992CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: July 13, 1992 COMMISSION MEETING DATE: July 22, 1992
FILE NO.: 92051
PETITIONER: Northern States Power
REQUEST: Lot Division, Conditional Use Permit, Site Plan and
Variance for a Northern States Power Substation
LOCATION: North of Medina Road on the east side of County Road 101
south of Highway 55
GUIDE PLAN CLASS: I -P (Planned Industrial)
ZONING: FRD (Future Restricted Development District)
BACKGROUND:
There are no Community Development files on this parcel.
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 Physical Constraints Analysis shows this property to be located within
the Bassett Creek Drainage District; does not contain any wetlands, major
woodlands, or severe slopes; some of the soils are marginally suitable and
some are unsuitable for development with public sewers. Those soils are
primarily located in the southern part of the tract.
2. The petitioner is requesting approval of a Site Plan for a Northern States
Power 69/13.8kV Substation. The Conditional Use Permit request is for
placement of essential service buildings in this location and for a 90,
foot high lightning rod pole versus the ordinance allowed'35 foot height.
3. Variances have been requested from the City Code (Subdivision Ordinance)
to allow for the division of unplatted property; for the creation of
parcels of less than 20 acres in size; and a 50 lot width versus the
Zoning Ordinance required 500 foot lot width. A Variance has also been
requested for a 15 foot setback from a drive aisle to the property line
versus the Zoning Ordinance required 30 feet.
4. Before any Conditional Use Permit may be granted, the Planning Commission
must review the request against the standards set forth in Section 9,
Subdivision A, Paragraph 2a of the Zoning Ordinance regarding Conditional
Use Permit criteria. Attached is the Zoning Ordinance citation and the
petitioner's response.
5. Before any Zoning Ordinance Variance may be granted, the Planning
Commission must review the request against the standards set forth in
Section 11, Subdivision C, Paragraph 2d of the Zoning Ordinance regarding
Variances. Attached is the Zoning Ordinance citation and the petitioner's
response.
6. Resulting from this property division application is a Variance from
Section 500.37 of the Subdivision Ordinance. This section permits the
division of 1pattedlandbutdoesnotprovideforthedivisionof ,
unplatted land. The Variance is to allow the division of the unplatted
parcel by this procedure.
7. A Variance is also requested from Section 500.21 of the City Code
Subdivision Ordinance) to permit the creation of a 3.18 acre and 6.67
acre tract of land versus the 20 acre minimum lot size in the FRD District
required by the Zoning Ordinance.
8. The Subdivision Ordinance provides for 3 criteria to be found by the
Planning Commission and City Council before any Subdivision Ordinance
Variance may be granted. A copy of the Variance criteria and the
applicant's response is attached.
9. The Site Plan includes extensive landscaping to screen this facility from
the east, south, and west. The landscaping on the north does not provide
the same level of screening. The property to the north is owned by the
City of Plymouth and is the site of a water tower.
PLANNING STAFF COMMENTS:
1. Staff finds the requested variances comply with the Subdivision Ordinance
variance criteria.
2. Staff finds that approval of this Lot Division will facilitate the
development of the NSP Substation which will serve this portion of
Plymouth.
3. Staff finds that the approval of this Lot Division will not negatively
impact future development of the remaining 6.67 acre tract of land.
4. Staff finds that this request meets the Conditional Use Permit criteria.
5. Staff finds that this request meets the Zoning Ordinance Variance criteria
for both the essential service buildings and the 90 foot lightning rod
pole.
6. The Site Plan meets the minimum standards set forth in the Zoning
Ordinance for this type of development.
RECOMMENDATION:
I hereby recommend approval of the request for a Lot Division, Site Plan,
Conditional Use Permit and Variances for a NSP Substation, subject to the
conditions of the t resolutio .
Submitted by:
axles E. Dillerud, Community Development Director
ATTACHMENTS:
1. Resolution Approving Site Plan, Conditional Use Permit and Variances
2. Resolution Approving Lot Division
3. Resolution Setting Condition Prior to Filing of Lot Division
4. Engineer's Memo
5. Petitioner's Narrative
6. Conditional Use Permit Criteria
7. Zoning Ordinance Variance Criteria
8. Subdivision Ordinance Variance Criteria
9. Location Map
10. Petitioner's Graphics
APPROVING A SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR NORTHERN STATES
POWER COMPANY LOCATED NORTH OF MEDINA ROAD ON THE EAST SIDE OF COUNTY ROAD 101
SOUTH OF HIGHWAY 55 (92051)
WHEREAS, Northern States Power Company has requested approval for a Site Plan,
Conditional Use Permit and Variance for a substation for property located
north of Medina Road on the east side of County Road 101 south of Highway 55;
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
Northern States Power Company for a Site Plan, Conditional Use Permit and
Variance for a substation for property located north of Medina Road on the
east side of County Road 101 south of Highway 55, subject to the following
conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of building permit issuance.
3. An easement for a 30 -foot wide trail per Comprehensive Park Plan, as
verified by the Parks and Engineering Departments.
4. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
5. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements within 12 months.
6. Any signage shall be in compliance with the Zoning Ordinance.
7. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
8. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
9. No outside storage is permitted.
10. No building permit to be issued until the Lot Division is filed with
Hennepin County.
11. A Variance is granted for a 15 foot setback from the drive aisle to the
property line versus the 30 feet required in the FRD District.
12. A Conditional Use Permit is approved for a 90 foot lightning rod pole.
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APPROVING LOT DIVISION /CONSOLIDATION FOR NORTHERN STATES POWER COMPANY FOR
PROPERTY LOCATED NORTH OF MEDINA ROAD ON THE EAST SIDE OF COUNTY ROAD 101
SOUTH OF HIGHWAY 55 (92051)
WHEREAS, Northern States Power Company has requested approval for a lot
division /consolidation for the creation of 2 parcels located north of Medina
Road on the east side of County Road 101 south of Highway 55;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot
division /consolidation for the creation of 2 parcels located north of Medina
Road on the east side of County Road 101 south of Highway 55.
EXISTING LEGAL DESCRIPTIONS
The north 380 feet of the east 320 feet of the southwest quarter of the
northeast quarter of the southeast quarter of Section 18, Township 118,
Range 22, Hennepin County, Minnesota.
That part of the north 50 feet of the southwest quarter of the northeast
quarter of the southeast quarter of Section 18, Township 118, Range 22,
Hennepin County, Minnesota lying west of the east 320 feet of said
southwest quarter of northeast quarter of southeast quarter.
The west half of the south half of the northeast quarter of the southeast
quarter of Section 18, Township 118, Range 22, Hennepin County,
Minnesota.
Together with that part of the southeast quarter of the southeast quarter
of Section 18, Township 118, Range 22, Hennepin County, Minnesota, lying
north of the following described line: Beginning at the southeast corner
of said southeast quarter of the southeast quarter; thence westerly along
the south line of said southeast quarter of the southeast quarter a
distance of 372.36 feet; thence northwesterly along a tangential curve to
the right having a radius of 410 feet and central angle of 46 degrees 27
minutes a distance of 332.39 feet; thence northwesterly and tangent to
said curve a distance of 369.74 feet; thence northwesterly along a
tangential curve to the left having a radium of 1400 feet and central
angle of 9 degrees 47 minutes a distance of 239.05 feet; thence
northwesterly and tangent to last described curve to the west line of
said southeast quarter of the southeast quarter, and there terminating,
EXCEPT that part described as follows: Commencing at the northwest
corner of said southeast quarter of southeast quarter; thence southerly
along the west line thereof 417.50 feet to the point of beginning of the
property to be described; thence easterly and parallel with the north
line of said southeast quarter of the southeast quarter to the east line
of the west 136 feet thereof; thence southerly and parallel to said west
line of the southeast quarter of the southeast quarter to the
intersection with a line parallel with and distant 33 feet northerly of
the above described line; thence northwesterly along said parallel line
to said west line of the southeast quarter of the southeast quarter;
thence northerly to the point of beginning.
To be divided and consolidated as follows:
PARCEL A
The north 380 feet of the east 320 feet of the southwest quarter of the
northeast quarter of the southeast quarter of Section 18, Township 118,
Range 22, Hennepin County, Minnesota, and
That part of the north 50 feet of the southwest quarter of the northeast
quarter of the southeast quarter of Section 18, Township 118, Range 22,
Hennepin County, Minnesota lying west of the east 320 feet of said
southwest quarter of northeast quarter of southeast quarter. Subject to
road easement, and utility easement.
PARCEL B
The west half of the south half of the northeast quarter of the southeast
quarter of Section 18, Township 118, Range 22, Hennepin County,
Minnesota, except
The north 380 feet of the east 320 feet of the southwest quarter of the
northeast quarter of the southeast quarter of Section 18, Township 118,
Range 22, Hennepin County, Minnesota, and except
That part of the north 50 feet of the southwest quarter of the northeast
quarter of the southeast quarter of Section 18, Township 118, Range 22,
Hennepin County, Minnesota lying west of the east 320 feet of said
southwest quarter of northeast quarter of southeast quarter. Subject to
road easement.
FURTHER, that the City Manager be authorized to make the necessary special
assessment corrections based upon City Policy when the division /consolidation
is approved by Hennepin County.
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT
DIVISION /CONSOLIDATION FOR NORTHERN STATES POWER COMPANY FOR PROPERTY LOCATED
NORTH OF MEDINA ROAD ON THE EAST SIDE OF COUNTY ROAD 101 SOUTH OF HIGHWAY 55
92051)
WHEREAS, the City Council has approved a Lot Division /Consolidation for
Northern States Power for the creation of 2 parcels located north of Medina
Road on the east side of County Road 101 south of Highway 55;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does direct the following
conditions to be met prior to recording of, and related to said lot
division /consolidation:
1. Compliance with the City Engineer's Memorandum.
2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing open storm water
drainage facilities.
3. Payment of park dedication fees -in -lieu of dedication prior to issuance
of building permit in accordance with City Policy in effect at the time
of issuance of building permit.
4. No building permit is to be issued until the Lot Division is filed with
Hennepin County.
5. Submittal of all necessary utility easements prior to filing the Lot
Division with Hennepin County.
6. A variance is granted from Section 500.21 of the City Code (Subdivision
Ordinance) for the creation of 3.1 acre tract and a 6.67 tract of land
versus the Zoning Ordinance minimum of 20 acres in the FRO District
based upon the request meeting the variance criteria.
7. A variance is granted from Section 500.37 of the City Code (Subdivision
Ordinance) regarding division of platted property, based upon the
request meeting the approved variance criteria.
8. A variance is granted from Section 500.21 of the City Code (Subdivision
Ordinance) for the creation of a lot with a 50 foot lot width at the
front setback line versus the ordinance minimum of 500 feet in the FRD
District, based upon the request meeting the approved variance criteria.
res /pc /92051.sc.)
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: July 16, 1992
FILE NO.: 92051
PETITIONER: Mr. David Callahan, Northern States Power Company, 414 Nicollet Mall,
Minneapolis, MN 55401
SITE PLAN: HOLLYDALE SUBSTATION
LOCATION: East of County Road 101, southwest of State Highway 55 in the
southeast 1/4 of Section 18.
N/A Yes No
1. _ x Have watermain area assessments been levied based on proposed use?
2. _ X Have Sanitary sewer area assessments been levied based on proposed
use?
3. _ X _ Will SAC and REC charges will be payable at the time building
permits are issued? These are in addition to the assessments shown
in No. 1 and No. 2.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None,
5. Other additional assessments estimated: Medina estimated assessment
Project 010 for Hollydale Substation. S5.877.12.
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 (10') in width adjoining all streets and
six feet (6') in width adjoining side and rear lot lines.
If easements are required it is necessary for the owner to submit
separate easement documents executed and in recordable form prior to
the issuance of any building permits.)
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 (201) utility and drainage easements
where these utilities are proposed to be installed. This item has
been reviewed with the final site plan. If "No" is marked, the
following changes are necessary:
10. X _ _ Have all existing unnecessary easements and rights -of -way been
vacated?
If "No" is marked, it will be necessary to vacate the obsolete
easements /right -of -way to facilitate the development. This is not
an automatic process, it is the owner's responsibility to submit a
petition as well as legal descriptions of easements proposed to be
vacated.
X{ Has.the Owner's Duplicate Certificate of Title has been submitted to
the City with this application? If it is subsequently determined
that the subject property is abstract proRer y. then this
requirement does not avnly.
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
N/A Yes No
12. X Have all necessary permits for this project been obtained?
The developer must comply with the conditions within any permit.
DNR
MN DOT
X 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:
Silt fence is required where drainage leaves the site. A crushed
rock berm shall be constructed at County Road 101 during
construction. Hay bales shall be placed at each end of the
culverts.
15. XX _ _ 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. _ _ XX 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
x_ Storm Sewer
191'
N/A Yes No
17. X _ _ Is the post indicator valve and fire department connection provided?
If "No" is marked, they shall be included in the site utility plan.
18. X _ Are hydrant valves 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 17 feet of right -of -way will
be required on County Road 101.
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. XX Is concrete curb and gutter provided?
If "No" is marked, the City requires B -612 concrete curb and gutter
at all entrances and where drainage must be controlled, Curb Stone
may be used where it is not necessary to control drainage. For
traffic control either B -612 or curb stone is required around the
bituminous surfaced parking lot. The site plan shall be revised to
indicate compliance with this requirement.
24. 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 100X crushed base and two inch bituminous mat. If "No" is
marked, the site plan shall be revised to indicate compliance with
these requirements:
4-
N/A Yes No
N/A Yes No
25. X Is it necessary to contact Bob Fasching, the City's public utility
foreman, at 550 -7492?
If "Yes" is marked 24 hours notice is required in advance of making
any proposed utility connections to the City's sanitary sewer and
water systems. All water connections shall be via wet tag.
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 6. 7. 11, 12, 14. 16. and 21.
Submitted by:
Daniel L. Faulkner, P.E.
City Engineer
5-
City of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
DATE: July 16, 1992
FILE NO.: 92051
PETITIONER: Mr. David Callahan, Northern States Power Co., 414 Nicollet Mall,
Minneapolis, MN 55401
LOT DIVISION /CONSOLIDATION: PARCELS 18- 118 -22 -41 -0005 AND 0006 (HOLLYDALE SUBSTATION)
LOCATION: East of County Road 101, southwest of State Highway 55 in the
southeast 1/4 of Section 18.
N/A Yes No
1. _ X _ Watermain area assessments have been levied based on proposed use.
2. _ X _ Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X _ SAC and REC charges will be payable at the time building permits are
issued.
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 Lot Division /Consolidation approval:
4. Area assessments: None.
5. Other additional assessments estimated: Medina Road pending
assessments. Proiect 010, Parcel A pending assessment- S5.877.12.
Parcel B pending assessment- S77.289.72.
6. _ _ X Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required,
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any building
permits.)
N/A Yes No
7. X Complies with ponding requirements -
The City will require the dedication of drainage easements for
ponding purposes on all property lying below the established 100 year
high water elevation and conformance with the City's Comprehensive
Storm Drainage Plan.
8. X _ _ Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots:
9. X _ _ All standard utility easements required for construction
The following easements will be required for construction of
utilities
10. X _ All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way to
facilitate the development. This vacation is not an automatic
process in conjunction with the platting process. It is entirely
dependent upon the City receiving a petition for the vacation from
the property owner; therefore, it is their responsibility to submit a
petition as well as legal descriptions of easements proposed to be
vacated.
X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
12. _ _ X All existing street rights -of -way are required width -
Additional right -of -way will be required on an additional 17 feet of
right -of -way will be required for County Road 101. making a total
from center line 50 feet.
13. A. A 30 foot trail easement will be required along County Road 101.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
2
CI zos '
M4_ LS
HOLLYDALE SUBSTATION JU,v 30 1992
CITY OF PLYMOUTH CITY OF i1LY MOUTH
d01'slwUNITY DEVELOPMENT DEPT
NSP is proposing to construct a 69/13.8kV substation in the City of Plymouth.
The proposed 138,500 square foot parcel of land on which NSP has acquired an
option is located between County Road 101 and Highway 55 immediately South of the
city's water tower site.
Forecasts indicate electric load demand growth will overload existing
distribution feeder capacity by 1993. Also, under certain conditions, failure
of a feeder can overload the existing system to breakdown conditions. The
Hollydale Substation will provide the distribution feeders necessary to eliminate
these overload conditions and provide for future load growth.
The substation site was selected to minimize its impact on the area. The site
and surrounding land is zoned FRD and guided industrial. The existing United
Power Association 69kV Transmission located along the North property line will
supply power to the substation which will feed power into existing distribution
feeders located along County Road 101 and Highway 55. The site's proximity to
these existing lines will minimize construction of lines necessary to utilize the
substation facility.
The design of this substation will allow for two distribution transformer banks.
The site will be graded, fenced with the first bank installed by Spring 1993.
The second bank will be installed in the future to meet expected load growth.
The remaining ungraded area will be reserved by NSP to meet potential load
growth.
After construction, the facility will require minimal service and generate little
additional traffic to the area. A service vehicle will visit the site about
twice a week on a normal operating basis. Parking space for vehicles will be
provided on site so that there will be no parking on the public streets. There
are no City services such as sewer and water required.
The substation design is intended to present a low profile appearance. Except
for the structures that support the incoming lines, and the lightning shield
pole, the height of all the other equipment does not exceed 24 feet. The
landscape design is planned to provide screening and present an aesthetically
pleasing appearance.
This facility will not discharge any contaminated material into the environment.
The equipment will contain oil without PCB's and the noise levels will be well
within the MPCA standards.
A Conditional Use Permit is required to develop the substation because the 60-
foot height of the transmission line termination structures and the 90 -foot
height of the lightning rod pole exceed the maximum allowed. The 90 -foot
lightning rod pole is similar to a flag pole which is not a conditional use.
These structure heights are necessary to meet electrical ground clearance codes
and to protect the substation from lightning. The impact of these structures to
the area is lessened by the nearby presence of City's water tower and UPA's
transmission line which have heights equal to or greater than these structures.
A Conditional Use Permit is also required because a switchgear house is required
for each bank of the substation. These two buildings are necessary to protect
electrical equipment from the elements. The length, width and height of these
pre- fabricated buildings will be 36 feet by 14 feet by 11.5 feet.
Variances are required to purchase and develop the site because 1) the 3.18 acre
site is less than the 20 acre minimum for agricultural zoned land, 2) the 50 -foot
width of the driveway area is less than the 500 -foot minimum width required, 3)
the driveway is located less than 20 feet from the property line, 4) and NSP is
requesting a lot division instead of plating the property
The first three variances deal with reducing the parcel size below zoning
minimums. This parcel has been dimensioned to meet the substations needs. The
substation is a passive installation with the only activity limited to occasional
maintenance traffic. The acquisition of land excess to these needs to meet zoning
requirements that were established for properties with more active use is not
warranted. The excess land would be removed from development and left idle as
NSP would have no use for such land.
The variance for a lot division versus platting the property is requested as the
substation acreage (3.18 acres) is small in comparison to the remaining parcel
41.82 acres). The remaining land has the flexibility to be developed many
different ways requiring subdivision in the future, at which time platting may
be more appropriate. The land immediately west of the substation site may be
accessed in the future by joint use of NSP's driveway, direct access off County
101 or access off of a future internal street, if it is developed as a separate
parcel.
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2. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Camdssion for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a reoanmendation to the City Council, which
shall make the final detenni.nation as to approval or denial.
a. The Planning Commission shall review the application and consider its
conformance with the following standards:
1) Canpliance with and effect upon the Camprehensive 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 canfort.
3) The conditional use will not be injurious to the use and
enjoyment of other property in the inTneciiate vicinity for the
purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
4) The establishment of the conditional use will not inpede the
normal and orderly development and irovement 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, confonn to the
applicable regulations of the district in which it is located.
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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.
5. 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
I. General Conditions. The Planning Commission may reccnw end a variance fran
the provisions of this Section (500.41) as to specific properties when, in
its judgment, an unusual hardship on the land exists. In granting a
variance, the Cacmu ssion may prescribe conditions that it deems necessary
or desirable in the public interest. In making its findings, as required
below, the Commission shall consider the nature of the proposed use of the
land and the existing use of land in the vicinity, the number of persons
to reside or work in the proposed subdivision, and the probable effect of
the proposed subdivision upon traffic conditions in the vicinity. No
variance shall be granted unless the Commission finds:
a. That there are special circumstances or conditions affecting the
specific property such that the strict application of the provisions
of this Section would deprive the applicant of the reasonable use of
the land.
b. That the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
c. That the granting of the variance will not be detrimental to the
public welfare or injurious to other property in the territory in
which the property is situated.
The Commission findings in granting or denying a variance shall be in
writing and filed with the City Clerk.
2. Application _ »*pci. Applications for any variance under this Subsection
shall be submitted in writing by the owner or subdivider at the time the
preliminary plat is filed for consideration by the Planning Crnmission,
and shall state all facts relied upon by the applicant, and shall be
supplemented with maps, plans or other additional data which may aid the
Commission in the analysis of the proposed project. The plans for such
development shall include such covenants, restrictions or other legal
provisions necessary to guarantee the full achievement of the plan for the
Proposed project.
forms:o >pl /sub.stnd /s) 10/89
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: July 8, 1992 COMMISSION MEETING DATE: July 22, 1992
FILE NO.: 92055
PETITIONER: Alette Engebretson
REQUEST: Amended Planned Unit Development Plan and Conditional Use
Permit for a 3- season porch in "Cimarron Ponds ".
LOCATION: 1015 Yuma Lane North
GUIDE PLAN CLASS: LA -3 (High Medium Density Residential)
ZONING: RPUD 76 -3
BACKGROUND:
The Cimarron Ponds RPUD was approved as a Preliminary Plan /Plat by City
Council Resolution 76 -680 on November 15, 1976. The plan called for 228 patio
homes and 18 single family homes. The project has been constructed basically
as approved in 1986. Since 1981 the City Council has approved 11 Conditional
Use Permit Amendments to the RPUD to allow construction of additions to patio
homes within this project. The most recent Conditional Use Permit Amendment
was approved by the City Council on May 18, 1992 by Resolution 92 -285.
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 proposed 10 foot 4 inch by 20 foot 6 inch 3- season porch is a type
common throughout the community. The porch is similar to those
constructed previously within this development. The porch is designed to
be constructed to match existing residences as to design and construction
materials.
2. A RPUD Final Plan /Plat for the Cimarron Ponds Addition depicted exact
structure footprints within the confines of the platted lots. The plan
approval, in that case, establishes setbacks, lot coverage and related
matters based on the plan rather than on numeric standards in the Zoning
Ordinance. A feature of each of the patio homes is a concrete patio 10
feet by 14 feet, constructed on the side of some homes and at the rear of
others. In the case of this parcel, the patio is constructed on the side.
Various nonstructural enclosures have been constructed to cover those
patio areas where no building permits have been required in locations
throughout this development.
3. Location of the proposed 3- season porch would result in approximately 48
square feet of additional lot coverage beyond that established by the PUD
Plan building footprint.
Page Two, File 92055
4. Most of the preceding requests in the Cimarron Ponds Conditional Use
Permits were to allow construction of 3- season porches as merely a
substitute for the existing concrete patio. Here additional coverage is
proposed. One of the previous applications was for a 3- season porch in
addition to the concrete patio. Staff recommended against allowing the 3-
season porch and retention of the concrete patio based on resulting
increased structure coverage as this could set a precedent for the rest of
the PUD. The Planning Commission recommended approval of the retention of
the concrete patio in addition to the 3- season porch.
5. The City has received a letter from the Cimarron Ponds Homeowners
Association which indicates that the Homeowners Association did approve
the plan for this 3- season porch. The City of Plymouth is not a party to
the Homeowners Association and the Homeowners Association does not govern
with respect to the zoning regulations.
6. The Zoning Ordinance directs the Planning Commission to consider a
Conditional Use Permit on this in terms of the six criteria found in
Section 9, Subdivision A, Paragraph 2a. I have attached a copy of the
ordinance citation together with the petitioner's response to those
criteria.
7. The Planning Commission must also consider this particular Conditional Use
Permit in terms of the Planned Unit Development Preliminary Plat /Plan
review criteria found in Section 9, Subdivision E, Paragraph 5j of the
Zoning Ordinance. I have also attached a copy of this ordinance citation.
PLANNING STAFF COMMENTS:
1. Staff finds the proposed PUD Plan Amendment is responsive to the Planned
Unit Development criteria.
2. Staff finds that the proposed PUD Plan Amendment is responsive to the
Conditional Use Permit criteria.
3. The proposed 3- season porch will be 13 feet from the north property line
at its closest point. -
RECOMMENDATION:
I recommend adoption of the attached draft resolution approving the Amendment
to the PUD Plan and Conditional Use Permit for "Cimarron Ponds" to permit
construction of a 3 e son porch.
Submitted by:
Charles —E. Dillerud, Community Development Director
ATTACHMENTS:
1. Resolution Approving Amended Planned Unit Development Plan and Conditional
Use Permit
2. Conditional Use Permit Criteria
3. PUD Plan Criteria
4. Petitioner's Narrative
5. Homeowners Association Approval
6. Location Map
7. Site Graphics
APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR ALETTE ENGEBRETSON FOR PROPERTY LOCATED AT 1015
YUMA LANE (92055)
WHEREAS, Alette Engebretson has requested approval for an Amendment to the
Planned Unit Development Plan and Conditional Use Permit to allow the
construction of a 3- season porch in "Cimarron Ponds" for property located at
1015 Yuma 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
Alette Engebretson for an Amendment to the Planned Unit Development Plan and
Conditional Use Permit to allow the construction of a 3- season porch in
Cimarron Ponds" for property located at 1015 Yuma Lane, subject to the
following conditions:
1. No other amendments or variances are granted or implied.
2. All applicable requirements of the City and State Building Codes shall be
implemented and enforced; no Code requirements are waived by this
approval.
3. The granting of the Permit is responsive to criteria of the Zoning
Ordinance for Conditional Use Permits and PUD Plans.
4. The size of the porch shall be 10 feet 4 inches by 20 feet 6 inches.
5. The 3- season porch may encroach to within 13 feet of the north property
line.
res /pc /92055:jw)
FROK SECTION 9, SEWIVISION A
2. Fes. 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 recamnendation to the City Cm=il, which
shall make the final deter ination 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 impsovenent of surrounding
property for uses permitted in the district.
S) 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.
foras: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.
conventions:pl /jk /pud)
Planning and Zoning Applicati Fonn
Page 2
7. BRIEF DESCRIPTION OF RDa = (Attach ,separate sheet, if necessary):
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IMRRRon Ponos Home Owners Assocledom Inc.
June 17, 1992
Alette Engebretson
1015 Yuma Lane
Plymouth, Minnesota 55447
Dear Alette,
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CITY OF FLYMOUTH
OMMJNITY DEVELOPMENT DEP
Z0SS
P.O. Box 261
Hopkins, Minnesota 55343
Your plans for a permanent 3- season porch have been approved by the
Architectural Control Committee. The maintenance and repair of this
new structure will be strictly your responsibility. Any damage to
surrounding structures must be repaired by you.
We would like to bring to your attention the City of Plymouth's
requirement in the Cimarron Pond's development regarding additions
to the patio home. Persons seeking additions to their homes must
first receive Conditional Use Permit approval through the City of
Plymouth. A Conditional Use Permit is required to allow these homes
to exceed the setback limitations abd the maximum lot coverage.
The following information is required for each homeowner to provide the
City of Plymouth to make complete application for a Conditional Use
Permit.
1) Proof of Homeowner Association approval.
2) Site Plan of the proposed addition, including elevations.
3) A written description of the addition and its conformance with the
standards in Section 9 of the Plymouth Zoning Ordinance.
4) Labels, list and map from Hennepin County of all property owners
within 500 feet of the boundary of your home located at 1015 Yuma Lane.
5) A signed application and the appropriate fee for the Conditional
Use Permit.
Please find attached a copy of the Conditional Use Permit checklist,
application and fee schedule. The Conditional Use Permit takes approx-
imately 45 -60 days to process due to legal notice and public hearing
requirements.
Page 2
Enjoy your new porch.
Sincerely,
Cimarron Ponds Homeowners Associaiton
Lynne R. Taylor
President
CC: City of Plyouth
Architectural Control Committee
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I hereby certify that this is a true and correct representation of a survey of the boundaries of:
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And of the location of all buildings, if any, thereon, and all visible encroachments, if any, fr m
land. As surveyed by me this 5th day o Mpky 9
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: July 8, 1992 COMMISSION MEETING DATE: July 22, 1992
FILE NO.: 92057
PETITIONER: Maurice Klingele
REQUEST: Amendment to Planned Unit Development Plan and Conditional
Use Permit for a 3- season porch in Plymouth Creek 5th
Addition
LOCATION: 4115 Upland Lane North
GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential)
ZONING:
BACKGROUND:
RPUD 80 -1
On March 17, 1980, the City Council, by Resolution 80 -177, approved a
Preliminary Plan /Plat for a 122 unit townhouse development on 27.4 acres.
On April 21, 1986, the City Council, by Resolution 86 -217, approved a RPUD
Final Plan /Plat and PUD Amendment for the Plymouth Creek 5th Addition. That
plan included a specific 47.51 foot setback from Vicksburg Lane for the unit
located at 4115 Upland Lane North.
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 proposed 14 foot x 10 foot 3- season porch is a type common throughout
the community. The porch is designed to be constructed to match the
existing residence as to design and construction materials.
2. The RPUD Final Plan /Plat for the Plymouth Creek 5th Addition established
specific setbacks for each unit in this addition that abuts Vicksburg
Lane. A 47.5 foot setback from Vicksburg Lane right -of -way is required
for 4115 Upland Lane North. Lot coverage and related matters are based on
the approved Preliminary Plan /Plat rather than on numeric standards in the
Zoning Ordinance. Each of the homes contains a concrete patio or deck for
outdoor living.
3. This request is to allow construction of a 3- season porch in place of an
existing 8 x 12 concrete patio. In other Planned Unit Development patio
homes subdivisions, staff has recommended approval of 3- season porches
where they are being placed on top of existing concrete patios and are not
increasing lot coverage to any significant degree.
Page Two, File 92057
4. The location of the proposed 3- season porch will result in a 37 foot
setback to the Vicksburg Lane right -of -way.
5. The City has received a letter from the Plymouth Creek Homeowners
Association which indicates the Homeowners Association did approve the
plan for the 3- season porch. The City of Plymouth is not a party to
Homeowner Associations and the Homeowners Association does not govern with
respect to the zoning regulations.
6. The Zoning Ordinance directs that the Planning Commission consider a
Conditional Use Permit in terms of the 6 criteria found in Section 9,
Subdivision A, Paragraph 2a. I have attached a copy of those ordinance
citations together with the petition's response.
7. The Planning Commission must also consider this particular Conditional Use
Permit in terms of the Planned Unit Development Preliminary Plat /Plan or
view criteria found in Section 9, Subdivision A, Paragraph 5j of the
Zoning Ordinance. I have also attached a copy of this ordinance citation.
PLANNING STAFF COMMENTS:
I. Staff finds the proposed PUD Plan Amendment is responsive to the Planned
Unit Development criteria.
2. Staff finds that the proposed Planned Unit Development Amendment is
responsive to Conditional Use Permit criteria.
3. The proposed 3- season porch will be 37 feet from the right -of -way of
Vicksburg Lane.
RECOMMENDATION:
I recommend adoption of the attached draft resolution approving amendment to
the Planned Unit Development Plan and Conditional Use Permit for "Plymouth
Creek 5th Addition "Ap,.permit construftion of a 3- season porch.
Submitted by: ` U--u I --P ,u
Charles E. DilTeru, Community Deve opm Director
ATTACHMENTS:
1. Resolution Approving Amendment to the Planned Unit Development Plan and
Conditional Use Permit
2. Conditional Use Permit Criteria
3. PUD Plan Criteria
4. Petitioner's Narrative
5. Homeowners Association Approval
6. Location Map
7. Site Graphics
APPROVING AMENDMENT OF RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR MAURICE KLINGELE LOCATED AT 4115 UPLAND LANE
92057)
WHEREAS, Maurice Klingele has requested approval for an Amendment to the
Planned Unit Development Plan and Conditional Use Permit to allow the
construction of a 3- season porch in the "Plymouth Creek 5th Addition" for
property located at 4115 Upland Lane 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
Maurice Klingele for an Amendment to the Planned Unit Development Plan and
Conditional Use Permit to allow the construction of a 3- season porch in the
Plymouth Creek 5th Addition" at 4115 Upland Lane North, subject to the
following conditions:
1. No other amendments or variances are granted or implied.
2. All applicable requirements of the City and State Building Codes shall be
implemented and enforced; no Code requirements are waived by this
approval.
3. The granting of the Permit is responsive to criteria of the Zoning
Ordinance for Conditional Use Permits and PUD Plans.
4. The size of the porch shall be 10 feet by 14 feet.
5. The 3- season porch shall be set back 37 feet from the Vicksburg Lane
right -of -way line.
res /pc /92057:jw)
PKM SOMCK 94, S{EDWISIM A
2. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning commission for
puzposes of evaluation against the standards of this section, Public
Hearing, and development of a recamw4ation to the city council, which
shall make the final determination as to approval or denial.
a. The Planning Ccm nission 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 prowte 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.
conventions:pl /jk /pud)
June 23, 1992
Dear Plymouth Planning Commission Members:
We are requesting issuance of a Conditional Use Permit for the
construction of a permanent 3 season porch, located at 4115 Upland
Lane, in the Plymouth Creek Town House Development.
The proposed porch is 10'x14' and will be located on the West side
of the building. The addition is also in compliance with the
guidelines which have been established by the Homeowners Association
and approved by the Plymouth Creek Board of Directors. There are
many other porches constructed in this development.
The construction of this porch will take approximately 3 -4 weeks.
During the constructions period, the contractors vehicles will park
in the vacant lot next to the site. There is adequate parking in
this lot for these vehicles, thus eliminating parking in the street.
If you have any further questions, please call us at: 557- 9518(h)
or 545- 2571(w). Thank you for your consideration.
Sincerely,
a 1 and Mo g Klingele
4115 Upland Lane North
Plymouth, Minnesota 55446
CONDITIONAL USE PERMIT
Section 9, Subdivision A
Plymouth, Zoning Ordinance
2. a. (1) This addition is in compliance with the comprehensive
plan and will have no detrimental effect upon the
comprehensive plan.
2) The addition will enhance the appearance of the town
home, and will not endanger the public health, safety,
morals or comfort of others.
3) The addition to this property will not harm the use
and enjoyment of the surrounding properties, and will
add to the property value.
4) The addition will not effect any development or
improvements of the surrounding property.
5) This is a small addition with very few workers at the
site at one time, with approximately 2 to 3 vehicles.
Parking will not effect surrounding properties or
traffic in the area.
6) This Conditional Use Permit will comply with all building
codes, zoning ordinances, and guidelines set by
Plymouth Creek Architectural Committee and approved
by Plymouth Creek Homeowners Board of Directors.
i
Via: Carol•& Moe Klingele wit , : 4115 Upland Lane North
t -r—as )
Day Phcre Nom: 545 -2571 EvemiM pie N=b.: 557 -9518
It is rE;:es',.ed t!'zt the Frz-3 of Sizec" -ots zee a cjficati=(s) to the
above s`,te,^. unit as desc? belcw:
I . Ce 1 desCptcn and I=t--'on of prc.xsed ; f; eati,cn: Des,-
spec - eimUy ary w=c iT=.Ivino elec.3cml, pl=bin4, hating or cth,rt' c!la"4W, oz t ;s'czti= cr reacvrl):
porch addition.with 10' X jW cement deck on South side of
porch. Approved design for gutters on front and rear of house. Marvint'tAt*&
metal clad exterior finish windows Bids accepted on Final Print copy
or alternate floor construction proposal Non- venting skylites as
rurrantly on property_
2. p??_'I shiwi-q proposed r1teXzt?cns. -
Within 30 days after final approval3. P- `sz;3 w^ic sc'.er~?e: S: date:* After aoprova: /sel acti on of c`traftee.
2. After approval financing will be obtainedC=Pl etion date: .
4- Nm"e, coaa..r.-ess try e T
90 days or less after nstrction begins
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Rev 2/92
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6. The agrees to the folladiV oanditicm:
a. Additicnal info=etion or a site inspection required by the Arc'utectural
Cannittee or the Board of Directors nest be pr3g:t1y submitted or
ar -an a d.
b. No wotac may be commmen and taitil written approval is received from the
Association. Zhe Board or it's appointed representatives will try to
expedite approvals, denials or modified approvals. Work must be
c r=leted as represented in this Request for Approval of Modification
form.
C. 4he applicant vm=rants that the modification will be perfo=ned in a
workmanlike menner. if approved, the applicant that the cost
of this modification, and all future maintwmice and repair, will be the
respc=sibility of the owner anmi/or its assignees.
d. Any agreement with the contractor must contain a provision restricting
mar -ha dcs lima rights only to the omtract n; owner's unit. Lien waivers
far work and mete ia1s should be obtained fran the cm- A=ctor when
paYr7mts are made.
e. T7e owner is responsible for obtz; ate; any requited building pe"3.ts
prior to sta-Tt of construction.
f . 7he* owner is responsible for payment for any damage or other iapai:=e 't
of the building or gz resulting from the proposed , cn
activities.
g. CcnstTuction work mist be performed within the time limits approved by
t -,e Baer.? of Directors
h. All asseci:atim dues and- "sessaeats owed by iequestinq owner oust be
paid in full before consideration for ; f; cation is given .
Nzdz, &:! 3
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: July 10, 1992 COMMISSION MEETING DATE: July 22, 1992
FILE NO.: 92046
PETITIONER: Falmouth Associates
REQUEST: Sign Plan Amendment to reallocate the approved signage
square footage to the rear wall of the structure.
LOCATION: Southwest corner of County Road 9 and Highway 169.
GUIDE PLAN CLASS: CR -2 (Regional Shopping)
ZONING: B -2 (Shopping Center Business)
BACKGROUND:
On October 5, 1976, the City Council, by Resolution 76 -583, approved a Site
Plan for a neighborhood shopping center and a Variance from the sign
regulations.to allow for an aggregate of 4,020 square feet of wall signage in
accordance with the Sign Plan.
On February 11, 1980, the City Council, by Resolution 80 -121, approved an
Amended Sign Plan in accordance with a detailed Sign Plan which reallocated
the 4,020 square feet of signage. The Sign Plan did not include any signage
on the east (rear) wall of the structure. No reason was given for the
prohibition of signage on the east wall.
PRIMARY ISSUES AND ANALYSIS:
1. The current sign plan allows for 9.8 percent wall coverage and includes a
prohibition of signage on the east (rear) wall of the shopping center:
Actual signage on the shopping center is only 4.3 percent of wall
coverage. The petitioner can increase the actual signage in conformance
with the approved Sign Planwithout City Council approval.
2. The petitioner proposes to increase the allowable wall coverage on the
north and east walls, while reducing the allowable wall coverage on the
south and west walls.
3. The petitioner is requesting to reallocate the allowed 4,020 square feet
of signage to all four walls of the structure. The proposed reallocation
is identified in the following chart. The chart indicates the actual
signage and wall coverage existing, the signage and wall coverage allowed
by the existing approved plan and the petitioner's proposal.
Page Two, File 92046
Wall Wall Area Existing Signage
North
West
Front)
South
East
Rear)
3,435 96 actual)
96 allowed)
proposed)
Total Actual & Proposed)
16,100 1,430 actual)
2,880 allowed
Total Actual Proposed)
3,445 215 actual)
320 allowed
Total Actual Proposed)
Proposed
Signage
170
266
1,430
215
17,750 -0- (actual)
0- (allowed
proposed) 1,215
Total (Actual &Proposed) 1,215
Cumulative Totals:
Percent of
Wall Area
2.8%
2.8%
4.9%
7.7
8.8%
17.9%
8.8 9,.
6.2%
9.3%
6.2%
0% 0
00-0
6.8%
6.8%
40,730 1,741 (actual) 4.3%
3,126 (Actual & Proposed) 7.6%
4,020 (allowed) 9.8%
4. The Zoning Ordinance requirements for wall signage for shopping centers in
the B -2 Zoning District state that the aggregate of all wall signage shall
not exceed 5 percent of the area of the wall to which they are attached.
A Sign Plan is required to be submitted to the City prior to issuance of
any permits for signage. The arrangement, placement and design of the
signs is not regulated by the City.
PLANNING STAFF COMMENTS:
1. Staff finds that the proposed Sign Plan Amendment will bring the signage
into closer conformance with the City's standard 5 percent wall coverage
for shopping center signage. This proposal will reduce the allowable wall
coverage by signs on the west front wall) significantly - -from 17.9
percent to 8.8 percent.
2. Staff does not find a clear reason to prohibit signage on the east (rear)
wall of the center since the applicant is proposing to "give up" a
substantial amount of signage that can be placed on the west (front) wall
of the center.
RECOMMENDATION:
I hereby recommend approval of the attached resolution approving the Sign Plan
Amendment for the Four Season Mall redistributing the allowed signage square
footage among all wall elevations.
Submitted by:
a i es'
ATTACHMENTS:
erud, Community Development Director
1. Resolution Approving Sign Plan Amendment
2. Petitioner's Narrative
3. Location Map
4. Site Graphics
APPROVING SIGN PLAN AMENDMENT FOR FALMOUTH ASSOCIATES FOR FOUR SEASONS MALL
LOCATED AT THE SOUTHWEST CORNER OF COUNTY ROAD 9 AND HIGHWAY 169 (92046)
WHEREAS, Falmouth Associates has requested approval of a Sign Plan Amendment
for Four Seasons Mall for property located at 4200 Lancaster Lane 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
Falmouth Associates for a Sign Plan Amendment for Four Seasons Mall for
property located at 4200 Lancaster Lane 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 aggregate area of all wall signs shall not exceed 4,020 square feet.
3. Distribution of the wall signage as a percentage of wall coverage, shall
be in conformance with the Sign Plan dated July 10, 1992.
4. Any proposal to increase the amount of wall coverage by signage beyond
that stated in the Sign Plan dated July 10, 1992 will require approval by
the City Council.
res /pc /92046:jw)
Planning and Zoning Application Form
9e
7. BRIEF DESCRIPTION OF REMTM (Attach separate sheet, if necessary):
SIGN CRITERIA AMENDMENTS
Existing sign plan numbering system (modifications are shown underlined .
A. General
6. Landlord is designated 4 separate signage areas for center identification on the front (west)
elevation of the shopping center, 1 area on the side (south) elevation, 1 area on the side
north) elevation. and 1 area on the rear (east) elevation. See specifications within criteria.
B. Exterior Sian Criteria - Details
4. Letter styies and colors of tenant copy will be determined by the tenant. Please note that
the background which your sign letters will be attached is an orange -sand color on the front
and an accent color on the rear.
5. Tenants will be allocated an area on the exterior fascia, in front of and at the rear of the
occupied store or as close to the store as layout will allow.
6. The height of the front elevation signable area....
6a. The height of the rear signable area between Bays 11 and 39 is 5' -0" The maximum height
of any letter may not exceed 24" for upper case and 18" for lower case. Ascenders and
descenders allowed to 30' Logo heights may extend to 36" provided they are approved
by Landlord Signs are to be placed within signaae band as shown on Diagram F for
typical bays Signs placed in entrance area bays at the rear are to be located within the
signnage band as shown on Diagram G See building elevations (Diagram H) for location
of signaae bays.
spe meeting ofPursuant*to due call and notice thereof, a
the City Council of the City of Plymouth, Hinneso a was a on he
11th - day of February 19 80 . The following members were
present: Actin Ma or aven ort,
Council
lme ers Hoyt, Neils and Schneider .
The follow ng mem ers were a sen ayor un
Councilmember Neils _ introduced the following Resolution and
muv—ed its adoption:
RESOLUTION NO. 80 -121
APPROVING FOUR SHOPPING ER
A- 683)
WHEREAS, Metram Properties has requested approval of amended sign plans and
sign criteria for the Four Seasons Shopping Center located in the southwest
quadrant of County Road 18 and County Road 9; and,
WHEREAS, the Planning Commission has reviewed said request and recommended
approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNrIL OF THE CITY OF PLY -
MOUIH, MINNESOTA, that it should and hereby does approve the request of Metram
Properties for amended sign plans and sign criteria for Four Seasons Shopping
Center located in the southwest quadrant of County Road 18 and County Road 9
subject to the following conditions:
1. Per Council Resolution No. 76 -583, the aggregate area of all wall signs
shall not exceed 4,020 square feet, and no additional pylon and entrance
signs shall be allowed.
2. Multi- tenant signs shall be permitted only in areas indicated on the
elevation plans, i.e., located over the entrances to the interior mall
as represented on Exhibit D of the sign criteria staff dated 12/19/79.
3. The location and configuration of all signs shall be in accordance with
the sign criteria.staff dated 12/19/79, with the following added to
Category D "Prohibited Signs" as item #10: There shall be no reader board
type signs, i.e., those containing movable and removable letters; all
applications for sign permits shall be initialed by the owner /agent for
the shopping center as being in compliance with said criteria.
The motion for the adoption of the foregoing Resolution was duly seconded by
Councilmember Hoyt , and upon vote being taken thereon, the
o ow ng Voted in favor thereof: ctina Mayor Davenport, Councilmembers
Ho t, Neils and Schneider •
Th-e—Following voted against or a sta ne None
Whereupon the Resolution was declared duly passe an a op e
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Neal A. Perlich Realty., Int
Revision by:
T& H Enterprises, Inc. 9/7S
PRELIMINARY
so
is
A. GMAT.
1. it is intended that the signing of the stores at FOUr-Seasons rO Ming
Center shall be developed in an imaginative and varied manner. The criteria
herein below set forth shall govern.
2. Althmigh previous and current signing practices of the tenant will be considere,
they will not govern signs to be installed at Four - Seasons Shopping Center.
3. Approval of store desing drawings or working drawings and specifications for
tenant's leased premises does not constitute approval of any sign work.
Landlord's written of talTr7tosign drawings and specifications is required.
4. The fun-Ishing acid installation of a sign and the costs incurred shall be
the responsibility of the tenant. Sign construction is to be completed in
ccapleance with the instructions contained within this brochure.
5. Each tenant will be required to identify his premises with a sign(s) -
6. Landlord is designated 4 separate signage areas for center identification an
the front (wst) elevation of the shopping center and 1 area on the side (south'.
elevation_. See specifications within criteria.
64
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B. Exterior Sign Criteria- Details
1. Tenant signs shall bt store identity signs only and will
be limited to the proper name and major product and /or
service provided therein.
2. Each tenant will be allocated an area on the exterior ele-
vation of the shopping center to which the tenant may
attach a sign. Specifications on the exact placement and
sizing information regarding your sign have been determined
by the criteria set forth herein and by the developer.
3. Tenant signs shall consist of individual illuminated
letters per specifications furnished in this criteria.
4. Letter styles and colors of tenant copy will be determined
by the tenant. Please note that the background color to
which your sign letters will be attacked is an orange -sand
color.
5. Tenants will be allocated an area on the exterior fascia,
in front of the occupied store or as close to the store
as layout will allow.
6. The height of the signable area is 4' -0" except for tenants
in bays 25 -32 (see pt. #7 below). The maximum height of any
letter may not exceed 18" for an upper case letter and
14" for lowercase. Ascenders and descenders are allowed
up to 27" in height. ,
a
7. Pays 25 through 32 are alloted 2 regular- sized'signage areas
as described in point #6 above. These areas shall be-
given to the first two tenants that request them. The other
6 tenants are alloted areas on the exterior of the buildingwithalengthof .12'-0" and a maximum heigth of a 12"
t; uppercase -letter..7Placement of these signs also will be
at the request of the tenant.
S. Bay #1 (Super Valu) is allowed one 8' -0" by 12' -0" signage
area for their logo on the north side of the building.
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Z. 9. Corporate logos; shields etc. are permitted provided
F
they are contained within your signable area and conform
to the applicable height and width allowances as outlined
above and kpproved by landlord.
10. Sign letters and components shall not have any exposedlightsource. All light sources shall be concealed by
transluscent material. Sign letters or components may be"
illuminated with lamps contained wholly within the depth
of the letters.
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C. Interior Signage
1. Each tenant will be required to identity the interior
mall elevation of his store with a sign.
2. 'tenants will be restricted to copy which will designate
the-tenants proper name, product and /or jervice.
3. Tenants signs shall consist of individual illuminated or
non- illuminated letters per specifications furnished herein.
4. Maximum letter height to be 18" uppercase, 14" lowercase,
with ascenders and descenders no more than 27 ".
S. Non - illuminated letters to project not more than 2 ",
illuminated letters to project not more than S" from
store front background.
6. Letters constructed with a plastic face and an attached
edgebrite mAterial (or equal). , Non - illuminated letters can
also be a flat faced moulded plastic letter.
7. Tenants are encouraged to design into their storefront
logos, shields, or other decor so that the signing becomes
an integral part of the store front design. Logo use
contingent upon landlord approval.
8. Multiple or repetitive signing may be allowed.
9• Sign letters or components shall nothave exposed noon or
other lamps. All light sources shall'be concealed by
transluscent materials or may be back illuminated with
lamps contained within the depth of the letter or sign
component.
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Prohibited Signs - All Types
Exterior and Interior
The following types of signs or sign components are
PROHIBITED:
1. Cabinet signs.
2. Moving or rotating signs.
3. Signs employing moving or-flashing lights.
4. Signs, letters, symbols or identification of any nature
painted directly on surfaces exterior to the premises.
5. Cloth, wood, paper or cardboard signs, stickers, decals,
or painted signs around or on the exterior surfaces (doors
and /or windows) of the premises.
6. Signs employing noise making devices or components.
7. Free- standing signs.
8. Rooftop signs.
9. Signs exhibiting names, stamps or decals of sign
manufacturer or installer unless displayed on the edge of
the sing or return and is not larger than 3" x 6 ".
Sign Approval Procedures
1. Tenant shall submit drawings and specifications for all its
proposed sign work to the developer. The drawings shall
clearly show locations of the signs on the exterior and int-
erior elevations, graphics, colors, construction details
and installation methods, including fastening devices.
2. The developer shall return one (1) sut of the sign drawings,
as.soon as possible, to the tenant. The drawings will be
marked either "Approved ". - "Approved with Landlord Modifi-
cations", or "Dissapproved " =Sign drawings that have
bee "Approved with Landlord Modifications are to be re-
turned to the landlord bearing tenants approval or are
to be redesigned and resubmitted for landlords approval
within seven (7 ?•days of receipt by tenant. Sign drawings
that have been Tissapproved" are to be redesigned ane
resubmitted to the -landlord for approval, also within
seven (7) days of receipt by tenant.
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