HomeMy WebLinkAboutPlanning Commission Packet 01-16-1991CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: January 4, 1991 COMMISSION MEETING DATE: January 16, 1991
FILE NO.: 90078
PETITIONER: Ryan Construction Company
REQUEST: Mixed Planned Unit Development Plan and Conditional Use
Permit Amendment to Increase the Percentage of Wall
Coverage by Signs from 5 Percent to 10 Percent of the Wall
Area Upon Which the Sign is Attached Except the Rainbow
Foods, Where No Amendment is Requested
LOCATION: Northeast corner of 6th Avenue North and Revere Lane
GUIDE PLAN CLASS: CS (Service Commercial)
ZONING: MPUD 86 -1 (Underlying zoning is B -3)
BACKGROUND:
On August 24, 1987, the City Council adopted Resolution 87 -540 approving a
Land Use Guide Plan amendment and MPUD Concept Plan for Ryan Construction
Company on this site.
On June 6, 1988, an MPUD Preliminary Plan and Conditional Use Permit was
approved for this site by Resolution 88 -308. The approval expressly states
that the PUD Plan includes no variances from 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 Zoning Ordinance
Standards.
Notice of the Public Hearing has been published in the official City newspaper
and notices have been mailed to all property owners within 500 feet. A
development sign has also been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. Before any Conditional Use Permit may be granted, the Planning Commission
shall review the requested proposals for purposes of evaluation against the
standards set forth in Section 9, Subdivision A, paragraph 2a and develop a
recommendation to the City Council which shall make a final determination
as to the approval or denial. Attached is a copy of the Conditional Use
Permit criteria from Section 9, Subdivision A, paragraph 2a of the Zoning
Ordinance. Also attached is the petitioner's response to the criteria.
see next page)
File 90078
Page Two
2. The applicant states a precedent has been set in that they were allowed to
increase wall coverage at their Rockford Road Plaza Shopping Center. The
Rockford Road Plaza Shopping Center did receive with the PUD approval wall
coverage for signs up to 10 percent except for Rainbow Foods. That
request, however, was addressed as part of a comprehensive sign plan of a
PUD Plan for the shopping center which included trade -offs with some
provisions being more restrictive and some provisions being less
restrictive than the Zoning Ordinance itself. No such trade -off is here
proposed.
3. The applicant has submitted graphics demonstrating the visual impact of a
sign increase from 5 percent to 10 percent of the wall area to which the
sign is attached. With those drawings the applicant (in his December 12,
1990 letter) states that the increased signage "...will help offset the
distance from the frontage road and highway that the center has been
setback ".
4. This applicant statement brings to issue the intended purpose for wall
signage in a shopping center context. Is individual wall signage intended
to identify tenants to the customer after entering the mall
parking /circulation area of the shopping center, or, to "draw" customers
off adjacent thoroughfares as individual stores? The applicant advocates
sufficient individual wall signage for each tenant to be identifiable from
the frontage road - -and Highway 55.
PLANNING STAFF COMMENTS:
1. We find the circumstances related to this request for an MPUD amendment
regarding wall signage and those related to the Master Sign Plan for the
Rockford Road Plaza MPUD to be sufficiently different as to not serve as a
precedent. The MPUD Conditional Use Permit flexibility granted for the
Rockford Road Plaza Signage Plan to permit wall signage of 10 percent was
a part of an overall MPUD Plan. Each PUD is reviewed on its merits - -as an
entity - -and precedent is not set unless all other factors are equal. That
is not the case, here. The common features here are the developer /owner
and layout. The zoning is not the same (both are PUDs however and are
eligible for design discretion).
No offsetting attributes are available at this time for the Waterford Park
Plaza to balance the additional flexibility now requested by this
application with respect to maximum allowable wall signage.
2. We find that individual tenant wall signage at 5 percent of the wall area
to which it is attached is sufficient to enable identification of
individual tenants within the shopping center by customers circulating
within the shopping center parking /drive aisle system.
We suggest it is the logical intent of the Zoning Ordinance sign
provisions for wall signage within a shopping center complex to be limited
in size to accomplish only that single purpose. We are concerned with
see next page)
File 90078
Page Three
both the applicant's intent as stated in application materials as well as
the visual distraction that would result by efforts to draw the attention
of the traveling public on State Highway 55 to individual tenants of the
shopping center by enlarged wall signage.
3. The applicant is entitled to and has a freestanding sign for the center
that is visible to the passing traffic.
4. We find that the proposed amendment to the Conditional Use Permit for the
Waterford Park MPUD will, by the admitted intent of the applicant, divert
the attention of motorists on the frontage road and State Highway 55 to
the existence of individual tenants within the Waterford Park Shopping
Center, and thereby serve to be detrimental to the public safety,
particularly with respect to the high volume and high speed limited access
arterial highway. It seems contrary to the public interest to, in any
manner, recommend Ordinance flexibility that could work to reduce the
function of arterial roadways and /or create a safety hazard on those
roadways.
5. The setback of the center was a design consideration from the developer.
It is a typical center layout with parking in front and broad open
exposure of the face of the center to the main entrance way.
RECOMMENDATION:
We do not find sufficient basis to recommend approval of the proposed
amendment to the Conditional Use Permit for the Waterford Park MPUD to allow
increased wall signage for individual tenants. We have attached a draft
resolution which provides for the denial of the requested MPUD amendment based
on the findings noted above.
Should the Planning Commission not concur in the findings staff has made with
respect MPUD denial, we have also attached a resolution for approval for
Planning Commissi sideration.
Submitted by:
Char es E. Di lerud, Community Dev opment Coordinator
ATTACHMENTS:
1. Draft Resolution Denying MPUD Plan and Conditional Use Permit Amendment
2. Draft Resolution Approving MPUD Plan and Conditional Use Permit Amendment
3. Conditional Use Permit Standards
4. Petitioner's Narrative
5. Location Map
6. Approved MPUD Plan
7. Petitioner's Graphic
pc /cd /90078:jw)
DENYING MIXED PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT
FOR RYAN CONSTRUCTION COMPANY FOR "WATERFORD PARK PLAZA" (90078) (MPUD 86 -1)
WHEREAS, Ryan Construction Company has requested approval for a Mixed Planned
Unit Development Plan and Conditional Use Permit Amendment to increase the
wall coverage of signs from 5 percent to 10 percent of the wall to which they
are attached for Waterford Park Plaza for property located at the northeast
corner of 6th Avenue North and Revere Lane except "Rainbow Foods "; 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 a Mixed Planned Unit Development Plan and Conditional
Use Permit Amendment to increase the wall coverage of signs from 5 percent to
10 percent of the wall to which they are attached for property located at the
northeast corner of 6th Avenue North and Revere Lane except "Rainbow Foods ",
based on the following finding:
1. The amendment to the Conditional Use Permit will be detrimental to and
endanger the public safety by the increased distraction of motorists on
State Highway 55 resulting from the enlarged signage for individual
tenants.
2. The approved Master Sign Plan was deemed appropriate for this center, and
no information has been presented to indicate changed conditions or
circumstances that warrant increased signage here.
3. The approved signage, including the freestanding business sign, provides
visibility and direction to patrons and potential patrons.
APPROVING MIXED PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT
FOR RYAN CONSTRUCTION COMPANY FOR "WATERFORD PARK PLAZA" (90078) (MPUD 86 -1)
WHEREAS, Ryan Construction Company has requested approval for a Mixed Planned
Unit Development Plan and Conditional Use Permit Amendment to increase the
wall coverage of signs from 5 percent to 10 percent of the wall to which they
are attached for Waterford Park Plaza for property located at the northeast
corner of 6th Avenue North and Revere Lane except "Rainbow Foods "; 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 a Mixed Planned Unit Development Plan and
Conditional Use Permit Amendment to increase the wall coverage of signs from 5
percent to 10 percent of the wall to which they are attached for property
located at the northeast corner of 6th Avenue North and Revere Lane except
Rainbow Foods ", 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 percentage of building wall allowance to be covered by signage shall
be 10 percent of building wall per lease space.
3. The increase in wall coverage does not apply to the Rainbow Foods
building.
4. The Conditional Use Permit Amendment is in compliance with the Conditional
Use Permit Standards of Section 9 of the Zoning Ordinance.
5. A revised detailed Master Plan shall be submitted to the Building
Official, prior to any sign permits.
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2. Pte• 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 Co=il, which
shall make the final determination as to approval or denial.
a. The Planning Commission shall review the application and consider its
conformance with the following standards:
1) Coinpliance 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
December 10, 1990
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RYAN C
OF MI NN'ESO A IN
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Mr. Chuck Dillerud DEC 12 1990
City of Plymouth ` r
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3400 Plymouth Boulevard ' UT
CO
Plymouth , MN
5544COMMUNITY DEVELOPMENT DEPT.
RE: AMENDMENT TO PUD CONDITIONAL USE PERMIT FOR
WATERFORD PARK PLAZA TO INCREASE ALLOWABLE SIGNAGE
Dear Chuck:
I apologize for our delay in getting back to you following your October 25, 1990, letter.
Please find enclosed the drawing of the most recent wall sign installed at Waterford Park
Plaza -- Smiley Moose One Hour Photo. Our architectural department has shown the
signage as it would appear for 5% and the proposed 10%.
We hope that this assists Staff and the Commissioners to have a better idea how the
increase from 5 to 10% would be a concrete benefit to the retail stores located at Waterford
Park Plaza.
Finally, please note that the increased signage will help offset the distance from the frontage
road and the highway that the center has been set back.
If you should have any questions, please feel free to call me at 336 -1204, or my assistant
Vince Driessen at 336 -1236.
WJM /sl
Enclosure
c: Vince Driessen
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700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 612/339.9847 FAX 6121337 -5552
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October 11, 1990
Mr. Chuck Dillerud
Community Development Coordinator
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
WYAN CONSTRUCTION
OF MINNESOTA,
NY
INC.
RE: WATERFORD PARK PLAZA PUD AMENDMENT TO INCREASE ALLOWABLE
SIGNAGE (YOUR FILE #90078)
Dear Mr. Dillerud:
In response to your letter of September 5, 1990, regarding the above
application, enclosed please find elevations that show the proposed
increased signage relative to the existing approved signage.
Additionally, we've provided you with two photographs that outline the
proposed signage in relation to two existing signs. In both the photos
and the elevations, the incremental increase is insignificant to the
overall architectural appearance of the structure. On the other hand,
the increased signage will significantly benefit the individual
retailers in the strip center, providing them with increased identity.
Additionally, we have provided you with two photographs, one taken from
Revere Lane and the second taken from the primary drive aisle in the
middle of the shopping center parking lot. Both show the difficulty of
seeing the existing signage from these reasonable vantage points.
Increasing the signage from 5% to 10% will allow the small shops to
increase their visibility, a goal we think has merit.
We would like to re- emphasize that the application does not request
increased signage at the Rainbow Foods building. We are requesting this
for the small shop spaces in the shopping center.
As always, we look forward to cooperating with the City staff towards
successfully resolving this application. If you should have any
questions, please feel free to call me at 336 -1204, or Vince Driessen at
336 -1236.
Sincerely,
Afte,
William J. McHale
Vice President
cc: Vince Driessen
Encl.
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CITY OF PLYMOUTH
COMMUNITY DEVELOPMENT DEPT.
700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 612/339.9847 FAX 612/337 -5552
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WYANCONSTRUCTION COMPANY
OF MINNESOTA, INC.
August 7, 1990 HMMW m
AUG 8 1990
Mr. Charles Dillerud / CITY OF " P L MOU T
HCommunityDevelopmentCoordinatorCOMMUNITYDEVELOPMENTDEPT, City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: WATERFORD PARK PLAZA --
PUD AMENDMENT APPLICATION
Dear Mr. Dillerud:
Please find enclosed an application and check for appropraite fees for
a PUD Amendment at Waterford Park Plaza which would increase the
building face signage from five percent (5 %) of building face to ten
percent (10 %) of building face for the small shop space, and increase
signage 50 s.f. for the Rainbow Foods building face so as to accommodate
the Marquette Bank signage. Signage location would not change from the
original signage location plan submitted and approved in 1989.
Additionally, pylon signage would not change from the original approval.
We would like to emphasize that all Ryan retail projects require
uniform criteria in construction and presentation of all signage.
Included with the application is the sign criteria that becomes part of
each lease requiring tenants to maintain quality, individually
constructed translucent signage.
Additionally, we have included several correspondences from the Rockford
Road Plaza final sign plan approval process where 10% of building face
was approved. The correspondence highlights several important points
regarding signage and retail business as well as a few comments
regarding our interpretation of the sign ordinance. These points would
also apply to Waterford Park Plaza.
Additionally, after a detailed review of the Plymouth zoning ordinance
sign regulations, we would like to make the following comments:
1. Small shop retail tenants (florist, video, dry cleaners, sandwich
shop, etc.) live or die based on their signage. These are small
retailers who need identity. Their business and customer base is
not destination driven, such as a larger, more prominent retailer.
700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402
TELEPHONE 612/339.9847 FAX 612/337 -5552
Mr. Charles E. Dillerud
Page Two
August 7, 1990
2. The fact that individual businesses and tenants in multi- tenant
retail buildings (i.e., shopping centers) are permitted the same 5%
of wall area signage that individual businesses and tenants in
multi- tenant industrial buildings are allowed seems out of line.
Retailers require signage to generate their customer base, where
industrial users are definitely destination oriented, and have
completely different signage requirements.
3. Under the B -3 Service Business Zoning District, single user
buildings are allowed 20% of the wall area for signage. Again,
this seems inconsistent with the required needs of retail users and
tenants in multi- tenant retail buildings who are limited to 5% of
building space in the B -2 shopping center zoning district.
4. The procedure for measuring individually constructed letter signs
in a similar fashion as measuring box /canned signs, encourages
landlords and retailers to provide the cheaper, less aesthetically
pleasing box /canned signs. Individually constructed letter signs
have higher quality, higher cost, and increased aesthetic appeal,
yet are restricted by the manner the City calculates the area of
the sign. If the letters were measured for their area
individually, as opposed to in aggregate like a box /canned sign,
retailers who provide individually constructed letter signs would
be allowed increased signage area. Note that in all newly
constructed Ryan retail centers, the tenants are required to
provide individually lettered signs (see sign criteria with
original submittal).
5. I would like to re- emphasize the high quality and aesthetically
pleasing nature of the signage required at all Ryan shopping center
projects. We require individually constructed and neon
illuminated, white acrylic, translucent letters. This provides
signage uniformity at the center. (I draw your attention to the
sign criteria submitted with the original comprehensive sign plan
submittal).
As always, we look forward to working with the City Staff in a
cooperative manner towards a successful resolution of this application.
If you should have any questions please feel free to call me at 336 -1204
or Vince Driessen at 336 -1236.
Sincla, i
Will a
Vice ident
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c: Vince Driessen
Rockford Road Plaza
Plymouth, Minnesota
April 6, 1990
SIGN CRITERIA - CITY APPROVAL PROCESS
I. GENERAL
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FYI
A.) Only the area above the Tenant's premises shall be identified by a
sign (except in the end cap spaces, where they may sign on the end cap
per code). The furnishing and installation of a sign and the costs
incurred shall be the responsibility of the Tenant.
B.) It is intented that the signing of the retail stores on the center
shall be developed in an imaginative and varied manner, and although
previous and current signing practices of the Tenant will be
considered they will not govern signs to be installed on the retail
stores.
C.) Each Tenant will be required to identify its premises by a sign.
D.) Service doors will be provided with uniform signs identifying stores
by the Landlord. Tenant shall not post any other additional signs.
II. SIGN CRITERIA
A.) The wording of the signs shall be limited to the store name only, and
such name shall not include any items sold therein.
B.) The use of corporate shields, crests, logos, or insignias will be
permitted (subject to Landlord's approval), provided such corporate
shields, crests, logos, or insignias shall not exceed the average
height for sign letters.
C.) Multiple or repetitive signing will be allowed only with the approval
of the Landlord provided the area of such signing conforms to the
limitations set forth herein.
D.) All signs and identifying marks shall be within the limitations of the
sign facia as set forth hereinafter, and not to exceed 10% of the
front elevation of the building.
E.) The average height of sign letters or components shall not exceed
30 ". Capital letters shall not exceed 36 ".
F.) Sign length shall be determined by centering in lease frontage area,
holding back a minimum of 2' from lease line on each end for 20'
fronts, 3' for 30' fronts and 4' for 40' fronts and larger.
Example: 40' wide space could have a 32' max. length.
20' wide space could have a 16' max. length.
Rockford Road Plaza
Page 2
II. SIGN CRITERIA (Continued)
G.) White sign letters to be constructed with internally illuminated
letters.
H.) Letters shall not project beyond the brick face more than five (5)
inches.
I.) The following design standards will be adhered to:
1.) Letters to be fabricated from aluminum medium bronze finish, trim
cap edge with white acrylic face.
2.) Illumination to be supplied by neon tubing powered by 60 M.A.
transformers.
III. PROHIBITED TYPES OF SIGNS OR SIGN COMPONENTS
A.) Moving or rotating signs.
B.) Back - illuminated signs.
C.) Signs employing moving or flashing lights.
D.) Signs employing exposed raceways, ballasts boxes or transformers.
E.), Signs employing painted and /or non - illuminated letters.
F.) Signs of box or cabinet type employing transparents, translucent or
luminous plastic background panels.
G.) Cloth, wood, paper or cardboard signs, stickers, decals or painted
signs around or on exterior surfaces (including interior.and exterior
surfaces of doors and /or windows) of the premises.
H.) Signs employing noise making devices and components.
I.) Signs, letters, symbols or identification of any nature painted
directly on surfaces exterior to the premises.
J.) Free - standing signs.
K.) Roof -top or exterior signs.
Rockford Road Plaza
Page 3
IV. PROCEDURE FOR SIGN DRAWINGS
A.) Tenant shall submit three (3) sets of blueline prints of the drawings
and specifications, including samples of materials and colors, for all
its proposed sign work. The drawings shall clearly show location of
sign on storefront elevation drawing, graphics, color and construction
and attachment details. Full information regarding electrical load
requirements and brightness in footlambers i -s to also be included.
B.) As soon as possible after receipt of the sign drawings, Landlord shall
return to Tenant one (1) set of such sign drawings with its suggested
modification and /or approval. All sign plans must have written
Landlord approval.
FORMSI /09 /sl
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the City Council of the
City of Plymouth, Minnesota, was held on the 6th day of June , 1988. The
following members were present: Deputy MayorTrsk, Councilmembers Vasillou,
Ricker and Zitur
The following members were absent: Mayor Schneider
if• 1F IF w *r
Councilmember Vasiliou intruduced the following Resolution and moved its
a opt on:
RESOLUTION NO. 88 -308
APPROVING PLKNNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND CONDITIONAL USE PERMIT FOR
RYAN CONSTRUCTION COMPANY OF MINNESOTA FOR WATERFORD PARK PLAZA (HPUD 86 -1) (87027)
WHEREAS, Ryan Construction fompany of Minnesota has requested approval for a Rezoning,
Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for Waterford
Park Plaza, for three commercial /office lots on 21.34 acres located in the northeast
quadrant of State Highway 55 and Revere Lane (extended); and,
WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear-
ing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the Planned Unit Development Preliminary
Plan /Plat and Conditional Use Permit for Ryan Construction of Minnesota for property
located in the northeast quadrant of State Highway 55 and Revere Lane (extended),
subject to the following conditions:
I. Compliance with the City Engineer's Memorandum as amended, and the Traffir.
Engineering consultant's recommendations.
2. Removal of all dead or dying trees from 0e property at the owner's expense.
3. No Building Permits shall be issued until& a Contract hds been awarded for sewer
and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with the
Dedication Policy in effect at the time of issuance of Building Permit.
5. Compliance with Pulicy Resolution No. 79 -80 regarding minimum floor elevations for
new structures in subdivisions adjacent to, or containing any open storm water
drainage facility.
E Rezoning shall be finalized with filing of the Final Plat.
7. No Building Permits shall be issued until the Final Plat is filed and recorded
with Hennepin County.
8. Approval of PUD Preliminary Plan /Plat includes no Variances from Zoninq Ordinance
specifications, specifically off- street parking and structure parking setbacks.
CONTINUED ON PACE TWO
tieaolution'No. 88 -308
9. The firal plat shall show Lot 1, Block 2, as an outlot, due to its size.
10. Demolition of the DeVac building shall be no later than October 17, 1989.
The motion for adoption of the foregoing Resolution was duly seconded by
Councilmember Zitur , and upon vote being taken thereon, the followingvotedInfavorthereof: Deputy a or Sisk Councilmembers Vasilluu
f icker and titur The foll ow ng
voted aga not or abstained: Rone Whereupon the
Resolution was declared duly passed and adopted.
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Waterford Park Plaza
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: January 8, 1991 COMMISSION MEETING DATE: January 16, 1991
FILE NO.: 90095
PETITIONER: Builders Development, Inc.
REQUEST: Rezoning, Preliminary Plat, and Subdivision Variances.
Rezone this 30.9 -Acre Tract from the FRD (Future Restricted
Development) to the R1 -A (Low Density Single Family
Residential), and Approval of a 47 -Lot Preliminary Plat
with Variances for the Length of the 33rd Place North Cul-
De -Sac and for the Minimum Required Rear Lot Line.
LOCATION: West of County Road 101, Approximately One- Quarter Mile
North of County Road 24
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
On January 22, 1990, the City Council approved a Sketch Plan for this project
under Resolution 90 -36.
Sanitary sewer is not yet available to this site. The extension of the
Northwest Trunk that would serve this site is pending City Council study of
the fiscal impacts of this (and other) extensions.
Notice of this public hearing has been published in the official City
Newspaper and mailed to all property owners within 500 feet. A development
sign has also been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. This site is located within the Bassett Creek Watershed District. The
site is not located within a Shoreland Management Area, but does contain a
small area of DNR wetlands related to City Pond BC -P1. No encroachment on
the wetland is proposed. It contains no major woodlands or severe slopes.
There are some unsuitable soils located in the north central portion of
this site; however, the majority of the site has suitable soils for urban
capability with public sewers.
2. As part of the Sketch Plan approval, City Council identified several areas
that would need additional review at the time of platting. They include,
school access, potential cul -de -sac length for the property to the north,
and preservation of wetlands. The petitioner's response includes:
see next page)
File 90095
Page Two
a. The approved Sketch Plan resolution states that during Development
Review Committee review, consideration should be given to the issue
of access by children in this neighborhood to the Greenwood
Elementary School, with respect for the need of a sidewalk or trail
corridor. The Preliminary Plat as submitted provides no special
consideration for access to the Greenwood School for children in this
proposed subdivision. The Parks and Recreation Department is not
recommending any public trail dedication with this subdivision.
b. The Sketch Plan approval resolution states that the maximum length of
Ranier Lane between 34th Avenue North and the north property line of
the property should be no more than one lot width (110 feet). This
condition was to minimize any potential cul -de -sac length from the
adjacent property to the north and thereby preclude basis for
additional road access from that parcel to Count Road 101. The
Preliminary Plat, as submitted, provides a width (125 feet maximum)
between 34th Avenue North and the north property line that is greater
than one lot.
c. A third issue addressed by the Sketch Plan resolution was the
Council's concern regarding the preservation of wetlands. The
petitioner was informed that he should be prepared to submit an
alternative plan for review with the Preliminary Plat. The
Preliminary Plat proposes to retain one wetland area that had
previously been shown to be eliminated by the Sketch Plan. In
addition, the petitioner is proposing to increase the number of acres
of wetland from 2.2 acres (existing) to 2.7 acres. These wetlands
will be used, in part, as storm water retention areas and due to the
grading to create them their character will change from that
existing.
3. In the Development Review Committee letter to the petitioner dated October
23, 1990, staff requested a detailed explanation regarding the proposed
changes to the existing wetlands. The petitioner's response dated
November 16, 1990, stated that they proposed to create two new wetlands in
the northeast and northwest corners of the site, and reduce the size of
the southwest wetland for the extension of 34th Avenue North. The south
central wetland is proposed to be reestablished at a lower elevation and
the southeast wetland is to remain unaltered. The petitioner states that
these changes will improve aesthetics, diversity of habitat and serve as
upland water retention.
The wetlands proposed for modification are small and isolated in nature,
and are not DNR protected.
4. The petitioner has requested a variance from Subdivision Ordinance Chapter
500.17, Subdivision 2, Minor Streets. The maximum length standard for a
cul -de -sac is 500 feet. The cul-de-sac for 33rd Place North is proposed
to be 620 feet. A copy of the Subdivision variance standards is included
along with the petitioner's explanation.
The petitioner states that this variance is requested in response to the
preservation of the south central wetland. The Sketch Plan showed 33rd
Place North as connecting through to 34th Avenue North. Under the current
proposal, a wetland is retained by placing a cul -de -sac on 33rd Place
North.
see next page)
File 90095
Page Three
5. A second variance request is from the Subdivision Ordinance, Chapter
500.21, Subdivision 6, Width. All lots must have a minimum of 30 feet in
width at the rear lot line. Two lots, Lot 7, Block 1 and Lot 1, Block 4
are pie shaped and provide no rear lot lines as required by the
Subdivision Ordinance. This design criteria is to ensure that each lot
will have adequate shape and room for a buildable site.
PLANNING STAFF COMMENTS:
1. We find the rezoning of this parcel to R -1A to be consistent with the
Guide Plan classification for this area (LA -1).
2. The Preliminary Plat meets the minimum requirements of the Zoning and
Subdivision Ordinances except with respect to the requested variances.
3. Staff finds that the variance for the length of the 33rd Place North cul-
de -sac meets the variance criteria due to the special circumstances
approved by the Sketch Plan resolution. In order to preserve additional
wetland as suggested by the Sketch Plan resolution, the street layout was
modified by curving 33rd Place North to avoid eliminating a wetland. This
results in a length of 620 feet for the 33rd Place North cul -de -sac.
4. Staff finds that the requested variance for the rear lot line width does
not meet the variance criteria. Design alternatives could be used to
provide the required 30 -foot rear lot line. This design change can be
accomplished at the time of final platting.
5. A contract to extend sanitary sewer trunk lines that would provide
municipal sewer service to this site has not been awarded. Preliminary
Plat approval and effectuation of the rezoning are subject to the
availability of public sanitary sewer.
RECOMMENDATION:
I hereby recommend approval of the Preliminary Plat and requested variances
based on the findings of the draft resolution.
I hereby recommend approval of the attached resolution for the rezoning of the
property.
Submitted by: 1 i n!
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Ordinance Amending Zoning Ordinance
2. Resolution Approving Preliminary Plat and Variance
3. Engineer's Memorandum
4. DNR Letter Dated October 22, 1990
5. Letters from the Petitioner Dated November 16, 1990 and September 24, 1990
6. Copy of Chapter 500.41 of the Subdivision Ordinance
7. Resolution 90 -36 Boulder Crest Sketch Plan
8. Location Map
pc /cd /90095:dl)
APPROVING PRELIMINARY PLAT AND VARIANCE FOR BUILDERS DEVELOPMENT, INC. (90095)
WHEREAS, Builders Development, Inc. has requested approval for a Preliminary
Plat and variances for property located west of County Road 101, approximately ,
one - quarter mile north of County Road 24; 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
Builders Development, Inc. for a Preliminary Plat and a variance for property
located west of County Road 101, approximately one - quarter mile north of
County Road 24, 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. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
4. No Final Plat shall be approved until a contract is awarded for public
sewer to serve this parcel. Any Final Plat application made prior to
award of a contract for public sewer shall be accompanied by a waiver of
the 60 -day State Statute regarding processing of Final Plats.
5. No building permit to be issued until the Final Plat is filed and recorded
with Hennepin County.
6. A variance is granted for a 620 foot cul -de -sac on 33rd Place North, based
on the following findings:
a. Strict enforcement of the cul -de -sac length regulation would deprive
the applicant of the reasonable use of the land.
b. The variances are necessary for the preservation and enjoyment of the
substantial property rights of the applicant.
c. The granting of the variances will not be detrimental to the public
welfare or injurious to other property.
7. The two pie- shaped lots, Lot 7, Block 1 and Lot 1, Block 4, shall be
redesigned to provide the required rear lot line width of 30 feet.
8. Street names shall comply with the City Street Naming System.
9. Incorporation of tree preservation policy provisions in the Final Plat and
Development Contract approval.
10. Removal of all dead or dying trees from the property at the owner's
expense.
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
WEST OF COUNTY ROAD 101, APPROXIMATELY ONE- QUARTER MILE NORTH OF COUNTY ROAD
24 AS R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) DISTRICT
Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of
Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by
changing the classification on the City of Plymouth Zoning Map from FRD
Future Restricted Development) District to R -1A (Low Density Single Family
Residential) District with respect to the hereinafter described property:
Insert Legal)
Section 2. General Development Plan. This Ordinance authorizes the
development of said tracts only in accordance with the Plan approved for the
File No. 90095.
Section 3. Effective Date. This Ordinance shall take effect upon filing
the Final Plat with Hennepin County and upon its passage and publication.
Adopted by the City Council
ATTEST
City Clerk
File 90095
day of .
Mayor
SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR BUILDERS DEVELOPMENT, INC. (90095)
WHEREAS, the City Council has approved an Ordinance rezoning certain land
located west of County Road 101, approximately one - quarter mile north of
County Road 24 from FRD (Future Restricted Development) District to R -1A (Low
Density Single Family Residential) District in conjunction with approval of
the Preliminary Plat for Builders Development, Inc.;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for
Builders Development, Inc. to be filed with Hennepin County and the contract
for public water and sewer to the site be awarded prior to the publication of
said Ordinance.
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
N/A Yes No
City of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
January 9, 1991
90095
Mr. Rick D. Murray, Builders Development, Inc., 1055 East Wayzata
Blvd., P.O. Box 637, Wayzata, MN 55391
BOULDER CREST ADDITION
West of County Road 101, north of 33rd Avenue, east of Urbandale
Lane in the northeast 1/4 of Section 19.
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. These are in addition to the assessments shown in No. 1 and
No. 2
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of final plat approval.
4. Area assessments: Sanitary sewer area assessments based on 30.9
acres - 1.15 acres wetland - 29.75 acres x 9880.00 per acres =
26,180 Watermain area assessment based on 30.9 acres - 1.15 acres
wetland - 29.75 acres x $1.580 per acres - 947,005.
5. Other additional assessments estimated: Pond BC -P1, Project 016.
3,827- There will be a lateral sanitary sewer assessment for direct
connection to the city sanitary sewer trunk line.
N/A Yes No
6. _ _ X Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet (10')
in width adjoining all streets and six feet (6') in width adjoining
side and rear lot lines.
N/A Yes No
7. _ X All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
8. _ _ 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 water drainage plan.
Pond BC -P1 will be controlled west of the trail that leads to the
elementary school Drainage easements for ponding shall be provided
on the Final Plat myj ar to an elevation of 998.0 for the pond within
Lots 1, 2, 3 and 4. Block 1; 1000.0 for the pond within Lot 3, Block
2; 1006.0 for the pond within Lots 5 and 6. Block 3; 1004.0 for the
pond within Lot 1, Block 3 and to 999.0 for the pond within Lots 5.
6. 7. 8 and 9, Block 4.
9. 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 is not an automatic process in
conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions of
easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application - If it is subsequently determined that
the subject property is abstract property, then this requirement does
not apply.
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.
11. _ _ X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
X DNR
MnDOT
X Hennepin County
X MPCA
X State Health Department
X Bassett Creek
X Minnehaha Creek
Elm Creek
Shingle Creek
X Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
N/A Yes No
12. _ _ X
13. _X-
14. __X
15. _X_
N/A Yes No
16. __X
Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary. Shadyv,Pw shall be spelled as one word on the Final Plat
mylar.
Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
Shal comply with Hennepin County requirements.
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 the total
distance from center line 50 feet The plat, as proposed, complies.
Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsible
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional
engineer must prepare the plans and profiles of the proposed sanitary
sewer, watermain, storm sewer facilities and streets to serve the
development. See special_ conditions.
3 -
N/A Yes No
17. _ _ X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities. See
al conditions.
18. X Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction. The developer shall petition the
City to construct Projects 016 and 014.
19. _ _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
The minimum basement elevation for Lots 1, 2, 3 and 4 Block 1 shall
be 1000.0. For Lot 3, Block 2 1002.0. For Lot 1, Block 3 1006.0.
For Tots 5 and 6, Block 3 1008.0. For Lots 5, 6, 7, 8 and 9. Block
1001.0.
N/A Yes No
20. X The preliminary plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required: See special conditions.
21. _ X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required: The sanitary sewer trunk
will be constructed under City Project No. 014.
4 -
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
N/A Yes No
22. X It will be -necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right -of -way. All water connections shall be via
wettan.
23. _ _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to
the City's Consulting Engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan. All
of their recommendations shall be incorporated in a revised plan.
The grading and drainage plan shall also indicate proposed methods of
erosion control, including the placement of silt fence in strategic
locations. Additionally, the following revisions will be necessary:
Shall comply with all agency permits.
24. A. Existing field tile, if encountered, shall be connected to the new storm sewer
unless it can be determined the tile is no longer functioning.
B. Driveway access to County Road 101 will not be allowed.
C. All overflow swales shall be clearly marked on the Final Grading Plan along
with cross sections and sodded when grading is complete.
D. A covenant or deed restriction, for the properties adjacent to the wetland
areas shall be filed to require no alterations of the wetlands without City,
D.N.R. or Army Corps permits.
E. Wetland 27 -461W shall be labeled on all construction plans.
F. The watermain from the northwest corner of Lot 6, Block 4 shall be 12 inch and
shall be extended to County Road 101. The City will reimburse the developer
the cost between an 8 inch and 12 inch watermain.
G. The 12 inch watermain shall be connected to an existing 12 inch T by
constructing the watermain between Lot 1 and 2, Block 2.
H. The Final Grading Plan shall show the existing contours to 100 feet beyond the
plat line along the south and west to ensure property drainage is maintained
from the existing homes.
I. A Final Plat shall not be considered until a contract has been awarded for
Sanitary Sewer Project No. 014 and Pond BC -Pl, Project No. 016.
5 -
J. The driveway for Lot 1, Block 2, shall be from Queensland Lane and the driveway
for Lot 7, Block 1 shall be as far from County Road 101 as possible.
K. The pond within Lots 1, 2, 3 and 4, Block 1 shall not encroach onto the
property to the north:
L. The storm sewer outlet from Block 4 to Block 1 shall be shown as the Grading
Plan and from the pond in Block 1 across County Road 101.
M. The developer shall provide the necessary sanitary sewer services for the lots
adjacent to the trunk sanitary sewer.
Submitted by: & "/
Daniel L. Faulkner, P.E.
City Engineer
CITY OF
January 10, 1991 PUMOUTR
Mr. Rick D. Murray
BUILDERS DEVELOPMENT, INC.
1055 East Wayzata Boulevard
P.O. Box 637
Wayzata, MN 55391
SUBJECT: PRELIMINARY PLAT FOR
BOULDER CREST ADDITION (90095)
Dear Mr. Murray:
The Engineering Department has completed their review of the above referenced
Preliminary Plat.
The Engineer's Memo has been submitted to the Planning Commission for their
consideration at the January 16, 1991 meeting. If you have any questions
regarding the contents of the enclosed memo, please call me.
ncerely yo urs.
JSJhn R. Swee
istant Er
JRS:do
enclosure
cc: Fred G. Moore, Director of Public Works
Daniel L. Faulkner, City Engineer
Don Munson, Asst. Bldg. Official
Bob Johnson, Senior Engineering Technician
Rick Sathre, Sathre - Bergquist, Inc.
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
STATE OF
INNFSOT
DEPARTMENT OF NATURAL RESOURCES Im
MOM REGION MMM - 1200 V&MMR ROAD, ST. PAUL, MDT 55106
PHONE NO. 772 -7910 FILE NO.
October 22, 1990
Mr. Charles Dillerud
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Dillerud:
MNPP_q"M
OCT 24 1990
CITY OF PLYMOUTH
COMITY DMLOPM WT DEPT.
RE: BOULDER C (90095), UILDERS DEVELOPMENT, INC., WETLAND
27 -461W, CITJ OF PL , HENNEPIN COUNTY
I have recently reviewed the site plans (received October 15, 1990)
for the above- referenced project (Section 19, Township 118 North,
Range 22 West) and have the following camlents to offer:
1) Protected wetland 27 -461W is on the proposed site. Any
activity below the ordinary high water (OHW) elevation, which
alters the course, current or cross - section of protected waters
or wetlands, is under the jurisdiction of the DNR and may
require a DNR protected waters permit. The OHW for wetland
27 -461W is between 998.0' and 1000.0' (NGVD, 1929). The
Department is in the process of determining an appropriate
water level control elevation and will advise the City and WMO.
2) If construction involves dewatering in excess of 10,000 gallons
per day or 1 million gallons per year, the contractor will need
to obtain a DNR appropriation permit. You are advised that it
typically takes approximately 60 days to process the permit
application.
3) Appropriate erosion control measures should be taken during the
construction period. The Minnesota Construction Site Erosion
and Sediment Control Planning Handbook (Board of Water and Soil
Resources and Association of Metropolitan Soil and Water
Conservation Districts) guidelines, or their equivalent, should
be followed.
4) There should be some type of easement, covenant or deed
restriction for the properties adjacent to the wetland areas.
This would help to ensure that property owners are aware that
the DNR and the Corps of Engineers have jurisdiction over the
areas and that the wetlands cannot be altered without
appropriate permits.
AN EQUAL OPPORTUNITY EMPLOYER
Charles Dillerud
October 22, 1990
Page Two
7) It appears that most of the stozmwater is routed through
settling basins, which is good. We would object to having the
stormwater routed directly to this wetland.
8) DNR protected wetland 27 -461W should be labeled as such in
future plans or plats and the OHW, if available, should be
noted.
Thank you for the opportunity to ca ment. Please call me at
772 -7910 should you have any questions regarding these comments.
Sincerely,
Joe Richter
Hydrologist
C159:kap
Builders Development, Inc.
Minnehaha Creek WSD
Wetland 27 -461W file
October 23, 1990
Rick Sathre
Sathre- Bergquist Inc.
150 South Broadway
Wayzata, MN 55391
SUBJECT: BUILDERS DEVELOPMENT, INC. REZONING, PRELIMINARY PLAT AND VARIANCE
FOR "BOULDER CREST" (90095)
Dear Mr. Sathre:
This letter is written to forward review comments and observations submitted
by the staff members at the October 9, 1990, staff review committee meeting
regarding the above referenced application. During the staff discussion of
the application materials submitted, the following items were addressed:
1. The water main from the lift station in the northwest corner of the site
to County Road 101 shall be a 12" water main. The City will reimburse the
developer the cost between an 8" and a 12" water main.
2. The 12" water main shall be connected to an existing 12" "T" by
constructing the water main between Lots 1 and 2, Block 2.
3. The final grading plan shall show the existing contours to 100 feet beyond
the plat line along the south and west, to ensure proper drainage is
maintained from the existing homes.
4. A drainage easement for ponding will be required over Lots 5, 6, and 7,
Block 4, to an elevation of 1001.6 for Pond BC -P1; and to the 100 year
elevations for the ponds within Lot 8, Block 4, Lots 1, 2, 3 and 4, Block
1, and Lots 5 & 6, Block 5. Any encroachment beyond this elevation will
require compensating storage.
5. A Final Plat shall not be considered until a contract has been awarded for
Sanitary Sewer Project #014, and Pond BC -P1, Project #016.
6. Condition 7 of Resolution 90 -36, approving the Sketch Plan for this site
provided that the developer should note the City Council's concern
regarding the preservation of the wetlands, and should be prepared to
submit an alternate plan for review with the Preliminary Plat.
We note your Preliminary Plat proposes a design that will assure wet lands
in the locations of your site where wetland currently exists. With the
exception of the extreme northeast corner of the plat, your grading plan
provides for creation of engineered ponds in the locations where naturally
occuring wetlands now exist. While this proposal to substitute one type
of wetland for what now exists, we are not certain that this was the City
Council's intent by the condition of Resolution 90 -36. Do you propose to
alter the type of wetland in these areas for reasons beyond aesthetics?
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000
Rick Sathre
October 23, 1990
Page 2
We note that each of these ponding areas serves as an element of your
Storm Water Drainage Plan for this area. Will the Storm Water Drainage
Plans function without changing the character of the existing wetlands?
7. It appears from your tree inventory that two areas of significant existing
trees are located on the site: one related to the farmstead near State
Highway 101, in the northeast corner of the site; and, an area in the
southwest corner of the site between the two wetland areas. Please
confirm our reading of your grading plan that indicates virtually all of
the wooded area related to the existing farm site will be lost during mass
grading; but that a corridor of mass grading of approximately 60 feet
width will be the only major encroachment during mass grading to the
wooded area at the southwest corner of the site.
The purpose of this letter is to notify you of those review items identified
during the staff review of the application materials. You should respond to
the above review comments in written and /or graphic form as appropriate. Your
earliest response in written and /or graphic form to the above points will
permit us to continue processing the application for review by the Planning
Commission. You should respond to all of the items.
Once the additional and /or revised information is submitted, the staff members
will in turn review the information to verify that all the items have been
addressed. If any additional comments arise from that staff review,
correspondence similar to this letter will be promptly forwarded to you. If
you have questions relating to the above review comments, or if you feel a
more detailed discussion (through a meeting with the staff members) is
warranted, please feel free to contact our office at your earliest
convenience.
We anticipate working with you through the completion of the review process.
Hopefully, this information will assist you.
i
e ly,
s Di erud
Community Development Coordinator
cc: File 90095
dre /cd/90095)
C'
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F
9
lu cn
November 16, 1990
moo
SATHRE - RERGQUIST, INC.
150 SOUTH BROADWAY
612) 476 -6000
Mr. Charles B. Dillerud
Community Development Coordinator
CITY OF PLYrKAM
3400 Plymouth Blvd.
Plymouth, Minnesota 55447
SUBJECT: BOULDER CREST
Builders Development, Inc.
James Development Company
Dear Mr. Dillerud:
WAYZATA, MN 55391
FAX 476 -0104
R
r I";•f 1 t i
Under separate cover Builders Development, Inc. has submitted an
abstract for their portion of the subject project (Patricia White land).
Enclosed herewith is the "new" abstract for the James Development
Company land.
This letter shall serve also as the petitioners' response to your letter
of October 23, 1990 requesting information.
1. We understand that the City needs a trunk 12" watermain thru the
site and that the developer is responsible for the costs of an 8"
watermain. Final construction plans will include the 12"
watermain.'
2. We understand the City wishes to use an existing 12" T for the
water connection to BOULDER CREST.
3. We understand that the City wants the final grading plan to show
the existing contours 100 feet south and west of this project. We
also understand that the BOULDER CREST project must not damage
these owners by blocking historic drainage courses. Does the City
have the existing contour information?
4. Easements will be created on the final plat to set aside the
drainage easements for ponding" necessary for all wetlands and
ponds. The easements shall contain the 100 year design flood
level.
5. We understand that the City intends not to consider the BOULDER
CREST final plat until the contracts have been awarded for
construction of trunk sewer (project #014) and construction of the
BC -P1 storm sewer and ditch system which will provide a permanent
outlet (project #016).
6. We believe we propose a significant, and permanent enhancement
plan for the preservation and improvement of the site's wetland
areas. In the northeast and northwest portions of the site we
propose to construct new wetlands where none exist presently. The
southeast wetland remains untouched. The southwest wetland was
reduced in area when AMBER WOODS was developed. In order to
construct 34th Avenue North from AMBER WOODS to the east, we must
cross the southwest wetland. We assume that the City continues to
require this road connection. If not, we would propose no
alteration of the small wetland, and would not extend 34th Avenue
North into AMBER WOODS. The plans for BOULDER CREST currently
show fill thru this wetland for the road only and to partially
mitigate this loss we show some excavation in the wetland to
develop an open water area. This open water area will:
1. Improve aesthetics,
2. Improve the wetland diversity of habitat,
3. Improve the interspersion within the basin for better
wildlife cover.
The south central wetland is proposed to be altered also. We fear
that leaving this basin as is will not be in anyone's best
interest. The small wetland exists at an elevation 10 feet higher
than the other wetlands. Consequently it is not fed very
adequately by ground nor surface waters. We propose to excavate
this basin and re- establish the wetland at a lower elevation. In
this way we can direct more runoff and sub - surface drainage to it.
Our goal here is noble. We want to preserve this wetland and
believe our proposal is sound.
You note that we propose to use the wetlands and new ponds as part
of the overall storm water drainage plan for this area. We are
advocates of upland storm water retention. We believe that upland
ponds and wetlands should be protected and /or created to act as
runoff peak flow attenuators, nutrient assimilators, sedimentation
traps and to enhance the quality of life (wildlife and human).
The City's Comprehensive Storm Drainage Plan doesn't require any
upland ponding in the project (pending final determination of the
BC -P1 outlet control structure location). We certainly could be
proposing a less imaginative project and construct storm sewers to
convey all the site runoff to ponding sites elsewhere. We aren't.
7. One of our developmental goals is to preserve as many trees as we
can. You are correct that we hope to grade only the roadway area
within the southwest woods. We plan to save trees in the
farmstead area as well. When we prepare the 50 scale final
grading plan we will look carefully at the farmstead trees and be
sensitive where it is reasonable.
Thank you for this opportunity to assist in your understanding of the
BOULDER CREST development project. We believe it will be a very
attractive addition to the City's neighborhoods. Please call or write
with questions or comments.
Sincerely,
SATHRE- BERGQUIST, IN .
4
Richard W. Sathre, P.E.
RWS /dm
cc: Mr. Rick rlurray, Builders Development, Inc.
Mr. Jim Ostenson, James Development Company
S SU9`
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4,FRS
September 24, 1990
SATHRE - BERGQUIST, INC.
150 SOUTH BROADWAY WAYZATA, MN 55391
612) 476 -6000 FAX 476 -0104
Mr. Charles B. Dillerud
Community Development Coordinator
CITY OF PLYMOUTH
3400 Plymouth Blvd.
Plymouth, Minnesota 55447
SUBJECT: BOULDER CREST
Builders Development, lnc.
James Development Company
Dear Mr. Dillerud:
R
SEP 2P_ 1990
OUTH
CfimMUNITY DEEVELOPMENT DUT.
Accompanying this letter are the required submission materials for
Preliminary Plat, Rezoning and Variance requests for a subdivision to be
named BOULDER CREST.
BOLLDER CREST is proposed on approximately 30 acres of land owned by our
clients. James Development Company is fee owner of the northerly 9+
acres and Builders Development, Inc. is the contract purchaser of the
White property which comprises the southerly portion of the site. The
two development companies are jointly planning and making application
but their ownership interests are separate.
BOULDER CREST was previously reviewed by the City as a Sketch Plan. In
sketch plan review two areas of concern were identified:
1. Wetland preservation.
2. Potential cul-de -sac length if our northerly stub street is
extended into the Latour property.
The City Council directed that we study the alternatives to elimination
of wetlands. We have done this. We now propose to increase the amount
of wetland habitat area on the site.
No DNR wetlands exist on the site. There are 4 wetland areas on the
site that are under the U.S. Army Corps of Engineers jurisdiction.
These wetlands are shown on our plans.
In the southeast corner of the property a tiny wetland area exists. We
have shifted the future building site to the north out of the wetland.
In the northwest corner of the property a large wetland intrudes. We
propose no encroachment.
In the southwest corner of the property a wetland adjoins AMBER WOODS.
Much of this wetland was filled when AMBER WOODS was built. 34th Avenue
North, the east /west collector street, must bisect this wetland. As
mitigation for this filling we propose to excavate an area of open water
south of 34th Avenue) to create a more diverse habitat.
As further mitigation to the 34th Avenue filling, we propose to excavate
2 small ponding areas along the northerly property line. These ponds
are being created in what is now "upland" area.
In the south central portion of the property a small wetland is perched
on a hilltop. This is a very unusual wetland in that the surrounding
area is generally lower than the wetland. We have designed the
Preliminary Plat to site lots and houses around the wetland so that it
is preserved.
We are concerned that with development the water flow to this central
wetland could be inadequate to insure its future viability. We
therefore propose to excavate the wetland area and to recreate it at a
lower elevation. A larger area will drain into the wetland as a result.
The wetland soils (organics) will be respread in the lowered basin so
that the natural revegetation may reestablish itself.
At present 2.2 acres of wetland exist on the site. After construction
2.7 acres will exist, for a net gain of 0.5 acre.
The City Planning Commission and Council directed at the Sketch Plan
phase that the stub street to the Latour property be shortened by one
lot (from 2 lots long to 1 lot long). We have designed 34th Avenue
North so this direction is followed and the "design speed" of the road
curvature is still 30 MPH.
We request that the City approve our clients' requests for Preliminary
Plat approval, for rezoning from FRD to R1 and also grant the necessary
variance for a slightly longer than normal cul -de -sac.
The Sketch Plan did not reflect a variance condition for a longer cul-
de -sac because we assumed filling of the south central wetland.
Preservation of this wetland eliminates the thru street previously
planned and "creates" a variance length cul -de -sac. The hardship to the
land which is avoided by this longer cul-de -sac is, we believe, ample
grounds for the variance.
We have submitted this request for a standard R1 subdivision with the
intent of development construction beginning next spring (1991). We
will continue to work with the City and it's consultants on the trunk
sanitary sewer and storm sewer improvements planned to cross this site
this winter and next spring. We hope to receive preliminary stage
approvals and then to proceed with our final plat to create the
necessary permanent easements, on the plat, for the trunk facilities.
We look forward to working with you on this continuing project.
Sincerely,
SATHRE- BERGQUIST, INC.
Richard W. Sathre, P.E.
RWS /dm
cc: Mr. Rick Murray, Builders Development, Inc.
Mr. Jim Ostenson, James Development Company
Plymouth City Code
00. levations Re
with applications for waiver
pr vided in Section 500.37 shall
inter -
500.39
uired. All surveys submitted in connection
the sions of Minneso WEDIms, Section
vin or consolidation of lots or tracts as
show thereon sea level elevations at 50 foot
500.41. Variances. Subdivision 1. General Conditions. The Planning
Commission may recommend a variance from the provisions of this Section as to
specific properties when, in its judgement, an unusual hardship on the land
exists. In granting a variance, the Commission may prescribe conditions that
it deems necessary or desirable in the public interest. In making its find-
ings, as required below, the Commission shall consider the nature of the pro-
posed 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
t in which the property is located.
The Commission findings in granting or denying a variance shall be in writing
and filed with the City Clerk.
Application Required. tions for any variance under this
Subsection shall be submitted in writing by the owner or s t the time
the preliminary plat is filed for consideration by the Plannin ission, and
shall state all facts relied upon by the applicant, and sh be supplemented
with maps, plans or other additional data which m Commission in the
analysis of the proposed project. The plans for ch development shall include
such covenants, restrictions or other legal visions necessary to guarantee
the full achievement of the plan for the proposed project.
500.43. Compliance; Waiver s; Builcl1Kq Permits. Subdivision 1. Conveyance of
and. Any person who conveys 1 by metes and bounds or by reference to an
unapproved plat or registere and survey in violation of the provisions of
Minnesota Statutes, Sectio 462.358, Subdivision 4, is subject to the penalty
provisions of that Sect n.
Subd. 2. Waiy6r of Compliance. In any case where compliance with the
provisions of M nesota Statutes, Section 462.358, Subdivision 4 will create an
unnecessary dship and failure to comply will not interfere with the purpose
of this Se ion, the City Council may by resolution waive compliance with this
Subset vided, howev -has -been reviewed
by t mm ssion and the Commission has found that it complies with
all of this Sec tion.
o
gooq
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting f the
City Council of the City of Plymouth, Minnesota, was held on the 22nd day
Of .qty, 19_9Q_ The following members were present:
Mnvnr Apr a n_ rounrilmemberflAie_1Uwell, Ricker, and Vaeiliou
The following members were absent: Councilmember Zitur
r1,.tnrllmainher Vaeiliou introduced the following Resolution and
moved its adoption:
RESOLUTION 90 -36
APPROVING SKETCH PLAN FOR BUILDERS DEVELOPMENT, INC. AND JAMES DEVELOPMENT
COMPANY FOR THE PROPOSED DEVELOPMENT OF LAND NOT YET SERVED BY PUBLIC SEWERS
89110)
WHEREAS, Builders Development, Inc. and James Development Company have
requested approval of a Sketch Plan for the development of a 30 acre site with
R -IA single family conventional building lots located west of County Road 101,
approximately 1 quarter mile north of County Road 24; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called
Public Informational Meeting and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Sketch Plan
for Builders Development, Inc. and James Development Company for the proposed
development of a 30 acre site with R -IA single family conventional building
lots located west of County Road 101, approximately 1 quarter mile north of
County Road 24, subject to the following conditions:
1. Staging of the development shall be in accordance with utility
availability as approved by the City Engineer.
2. This approval is for a Sketch Plan 2ojy, consistent with City Council
Policy 89 -91. The City Council's acceptance of this Sketch Plan ,hall not
be deemed to constitute approval of formal variances or modifications,
including residential development density.
3. This resolution shall become effective only upon the recording of this
resolution as a covenant to the title of land included in this Sketch
Plan.
4. This resolution shall become null and void if complete application for a
Preliminary Plat for all of this site has not been made within 9 months of
City Council adoption of the 5 -Year Capital Improvements Program that
identifies the subject property in the current program year.
see next page)
411V 6
Resolution No. 90-36
File 89110
Page Two
5. As a function of the Development Review Committee review of any future
preliminary plat for this site additional consideration should be given to
the issue of access by children of this neighborhood to the Greenwood
Elementary School, with respect to the need for sidewalk or trail
corridors within this site.
6. East /west road alignment for that part of the north /south roadway link to
the property immediately to the north of this site shall be provided
within no more than one lot width (110 feet) of the north property line of
this site to assure that the length of a future cul -de -sac into the site
to the north is minimized.
7. The developer should note the Council's concern regarding the preservation
of the wetlands and should be prepared to submit an alternate plan for
review with the preliminary plat.
The motion for adoption of the foregoing Resolution was duly seconded
by Council member Helliwell and upon vote being taken thereon,
the following voted in favor thereof: _Mayor Bergman, Councilmembera
Helliwell. Ricker, and Vaeiliou
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
OIO1A I Is] 0 t di /_1:
IIIII.'
Mis
CSCC.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: January 4, 1991 COMMISSION MEETING DATE: January 16, 1991
FILE NO.: 90105
PETITIONER: Gonyea Land Company
REQUEST: Rezoning of a 49.4 -Acre Tract of Land from FRD (Future
Restricted Development) to R -2 (Low Density Multiple
Residence); Approval of a 64 -Lot Residential Preliminary
Plat and Variances for the Length of a Cul -De -Sac, and to
Allow the Platting of One -Half of a Street Right of Way.
LOCATION: West side of West Medicine Lake Road at 45th Avenue North
GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
This site is a part of the several hundred acres that was reclassified as to
land use guiding by the Land Use Guide Plan amendment adopted by the City
Council in December 1989. The site was reclassified from LA -3 (High Medium
Density Residential) to LA -2 (Low Medium Density Residential). The required
Metropolitan Council approval of this Comprehensive Land Use Guide Plan
amendment has not been completed pending modifications required by the
Metropolitan Council to the Plymouth Transportation Plan Element. Those
modifications have been completed by the City's consultant, and action on the
Land Use Guide Plan amendment by the Metropolitan Council is expected soon.
Sanitary sewer is not yet available to this site. The extension of the North
Central Trunk that would serve this site is pending City Council study of the
fiscal impacts of this (and other) extensions.
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. With respect to the Physical Constraints Analysis, we find the project to
be located in the Shingle Creek Watershed District and to adjoin the Curtis
Lake hydrological feature; to contain no Flood Plain Overlay District or
Shoreland Overlay District; to contain both DNR protected waters and City
of Plymouth ponding area; to contain no woodland stands of significance; to
contain some slopes in excess of 12 percent; and to contain some land
unsuitable for urban development with municipal sewer system -- related to
the Curtis Lake wetland area.
see next page)
File 90105
Page Two
2. A portion of the wetland (approximately 5,000 square feet - -2/10 acre) on
Lots 3 and 4, Block 2 is proposed to be modified to function as a storm
water sedimentation pond. The storm sewer outfall from the southerly 700
feet of Vinewood Lane and the unplatted land lying southeast of the plat
would be held in this constructed pond for a time to reduce suspended
solids entering the Curtis Lake wetland area. A similar pond is proposed
in the center of Block 3 to handle filtering of the balance of the storm
sewers of this plat, but no appropriation of existing wetlands is required
to accommodate this second sedimentation pond.
One function of the wetlands has historically been the cleansing of runoff
water - -at least with respect to one form of phosphorous and suspended
solids. Over the past few months agencies including the Department of
Natural Resources, Pollution Control Agency, Watersheds and the
Metropolitan Council has become increasingly concerned with pre- treatment
of storm water resulting from land development activity. Such pre-
treatment has been required for storm water outfall for all recent plats in
Plymouth.
There is no issue here as whether pre- treatment of storm water is to be
provided. The issue we raise is, however, whether the wetland itself
should be permitted to be appropriated in the creation of the pre- treatment
ponds.
3. The petitioner is proposing to place the center line of Vinewood Lane,
south of Lot 6, Block 2, on the east property line of the site. In his
letter of December 10, 1990, the petitioner states that the existing Curtis
Lake DNR protected wetland forces a road design for Vinewood Lane oriented
too far easterly to totally be accommodated on his site alone. He further
states that the neighboring property owner will eventually plat the full
street width.
The request for a half street dedication results in a variance request from
Subdivision Ordinance Chapter 500.17, Subdivision 10, Half Streets. The
Subdivision Ordinance specifically prohibits the dedication of a half -
street except "where it is essential to the reasonable development of the
subdivision and in conformity with the other requirements of these
regulations, where it is found that it will be practical to require the
dedication of the other half when the adjoining property is subdivided, or
where it becomes necessary to acquire the remaining half by condemnation so
it may be improved in the public interest."
To partially mitigate the right -of -way issue, the petitioner proposes to
secure for the City a street and utility easement from the adjacent
property owner. This easement would allow the City of Plymouth the right
to construct a portion of Vinewood Lane on the property. The easement will
be removed once a plat has been submitted and approved on this property
with the remaining right -of -way for Vinewood Lane being dedicated to the
City.
see next page)
File 90105
Page Three
4. The second variance request is for a cul -de -sac length of 1161 feet
contrary to the terms of the Subdivision Ordinance Chapter 500.17,
Subdivision 2, Minor Streets. The Subdivision Ordinance specifically
states that "cul -de -sacs shall normally not be longer than 500 feet."
The petitioner states in his letter of December 10, 1990, that the variance
is the result of timing problems related to the platting of the parcel of
land at the southeast corner of this site. They imply that a future 44th
Avenue North extended west from Northwest Boulevard through the neighboring
parcel to an intersection with Vinewood Lane will eliminate the variance in
the future.
The petitioner has proposed to partially mitigate this variance by
providing a temporary access across Lot 13, Block 1 of the subdivision.
This temporary access would connect 45th Avenue North to West Medicine Lake
Drive (Northwest Boulevard). The temporary access would be eliminated once
44th Avenue North is constructed. The Vinewood Lane cul -de -sac south of
45th Avenue North would be reduced to 729 feet by this temporary access
proposal - -still 229 feet longer than the Subdivision Ordinance Standard.
No variance would remain once the new 44th Avenue North connects West
Medicine Lake Drive (Northwest Boulevard) to Vinewood Lane.
5. The issues of cul -de -sac length and half - street right -of -way were
identified early in Development Review Committee analysis of this
application. Numerous alternatives were discussed with the applicant. The
Development Review Committee informed that applicant that staff would not
support the variances initially, and would recommend no Final Platting of
the south 900 feet of this site until access through 44th Avenue North was
available. The Public Safety and Public Works Departments have reviewed
the proposals for mitigating access by easements proposed by the applicant
as conditions of the variances, and they find those proposals to overcome
their earlier design concerns with the variances.
PLANNING STAFF COMMENTS:
1. The Preliminary Plat meets or exceeds the Zoning Ordinance minimum lot
dimension requirements for the R -2 (Low Density Multiple Residence)
District.
2. We find the rezoning of this parcel to R -2 to be consistent with the Land
Use Guide Plan classification for this area (LA -2), subject to Metropolitan
Council concurrence with the earlier reclassification from LA -3 to LA -2.
3. We find that the petitioner's variance requests do meet the variance
criteria as stated in the Subdivision Ordinance on the condition, for each
variance, that mitigating easements and temporary access be provided by tte -
petitioner.
4. The Preliminary Plat is responsive to the Physical Constraints Analysis and
the dimensional standards of the Subdivision and Zoning Ordinance except
see next page)
File 90105
Page Four
with respect to the requested variances, and relationship of one storm
water holding pond to the existing wetland.
5. We recommend that the Final Plat /Grading Plan be adjusted to accommodate
the south storm water sedimentation pond outside the existing wetland area
at a location existing above elevation 931 . -
6. Extension of the North Central Trunk Sanitary Sewer is a prerequisite to
the development of this parcel. The City project to extend the public
sewer to this site is pending completion of a study of the fiscal impact of
the sewer extension. The Final Plat for this project would not be approved
and the rezoning would not be effective until the contract is awarded to
provide public sewer to the site.
RECOMMENDATION:
I hereby recommend approval of the draft resolution for the Rezoning,
Preliminary Plat yypp riancelr"_1-' — T 1I nn
Submitted by:
es E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Ordinance Amending Zoning Ordinance
2. Resolution Approving Preliminary Plat and Variance
3. Engineer's Memo
4. DNR Letter Dated November 28, 1990
5. Letter from Petitioner Dated December 10, 1990
6. Letter from Petitioner Dated November 1, 1990
7. Copy of Chapter 500.41 of the Subdivision Ordinance
8. Location Map
pc /cd /90105:jw)
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
AT THE WEST SIDE OF WEST MEDICINE LAKE ROAD AT 45TH AVENUE NORTH FROM FRD
FUTURE RESTRICTED DEVELOPMENT) DISTRICT AS R -2 (LOW DENSITY MULTIPLE
RESIDENCE) DISTRICT (90105)
Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of
Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by
changing the classification on the City of Plymouth Zoning Map from FRO
Future Restricted Development) District to R -2 (Low Density Multiple
Residence) District with respect to the hereinafter described property:
Insert Legal)
Section 2. General Development Plan. This Ordinance authorizes the
development of said tracts only in accordance with the Plan approved for the
File No. 90105.
Section 3. Effective Date. This Ordinance shall take effect upon filing
the Final Plat with Hennepin County and upon its passage and publication.
Adopted by the City Council day of .
ATTEST
City Clerk
File
Mayor
SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR GONYEA LAND DEVELOPMENT COMPANY FOR PROPERTY LOCATED AT THE WEST SIDE OF
WEST MEDICINE LAKE ROAD AT 45TH AVENUE NORTH FROM FRD (FUTURE RESTRICTED
DEVELOPMENT) DISTRICT TO R -2 (LOW DENSITY MULTIPLE RESIDENCE) DISTRICT (90105)
WHEREAS, the City Council has approved an Ordinance rezoning certain land
located at the West side of West Meddicine Lake Road, North of County Road 9
from FRD (Future Restricted Development) District to R -2 (Low Density Multiple
Residence) District in conjunction with approval of the Preliminary Plat for
Gonyea Land Development Company for "Curtis Lake ";
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for
Gonyea Land Development Company for "Curtis Lake" to be filed with Hennepin
County and the contract for public water and sewer service to the site be
awarded prior to the publication of said Ordinance.
FURTHER, the Metropolitan Council shall approve the Land Use Guide Plan
amendment reclassifying the parcel from LA -3 to LA -2 prior to publication of
said Ordinance.
APPROVING PRELIMINARY PLAT AND VARIANCES FOR GONYEA LAND DEVELOPMENT COMPANY
FOR "CURTIS LAKE" LOCATED AT THE WEST SIDE OF WEST MEDICINE LAKE ROAD (90105)
WHEREAS, Gonyea Land Development Company has
Preliminary Plat for "Curtis Lake ", a plat for
variances to allow the dedication of one -half
portion of Vinewood Lane and to allow a cul -do
standards of the Subdivision Ordinance located
Medicine Lake Road at 45th Avenue North; and,
requested approval for a
64 lots on 49.4 acres and
of the right -of -way for a
sac to exceed the minimum
at the west side of West
WHEREAS, the Planning Commission has reviewed said requests 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 hereby does approve the request by Gonyea Land
Development Company for a Preliminary Plat and variances to allow the
dedication of one -half of the right -of -way for a portion of Vinewood Lane and
to allow a cul -de -sac to exceed the minimum standards for "Curtis Lake" for 64
lots located at the west side of West Medicine Lake Road at 45th Avenue North,
subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No building permits shall be issued until a contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of filing the Final Plat.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution 79 -80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
7. No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
8. Incorporation of tree protection provisions in the Final Plat and
Development Contract approval.
9. Variances are granted for the dedication of one -half of the right -of -way
for Vinewood Lane adjacent to Lots 1 -6, Block 2 and for a 1,161 -foot long
cul -de -sac for Vinewood Lane south of 46th Avenue North, based on the
following findings and conditions:
a. The strict enforcement of the length of a cul -de -sac would deprive
the applicant of the reasonable use of the land.
see next page)
Resolution No.
File 90105
Page Two
b. The variances are necessary for the preservation and enjoyment of
substantial property rights of the applicant.
c. The granting of the variances will not be detrimental to the public
welfare or injurious to other property.
d. The petitioner shall provide a temporary easement and construct a
temporary street, both consistent with specifications approved by the
City Engineer, extending 45th Avenue North easterly to intersect with
West Medicine Lake Drive. This temporary street shall be vacated
only upon the construction of 44th Avenue North from West Medicine
Lake Drive to Vinewood Lane.
e. The petitioner shall provide an easement for street, storm drainage
and utilities from property south of the parcel sufficient in width
to, when combined with Vinewood Lane platted hereby, total a 50 -foot
right -of -way for Vinewood Lane over the entire length of the parcel.
10. No Final Plat shall be approved until a contract is awarded for public
sewer to serve this parcel. Any Final Plat application made prior to
when the contract for public sewer is awarded shall be accompanied by a
waiver of the 60 -day State Statute regarding processing of Final Plats.
11. No Final Plat shall be approved until the Metropolitan Council has
approved the Land Use Guide Plan amendment reclassifying this parcel from
LA -3 to LA -2.
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: January 9, 1991
FILE NO.: 90105
PETITIONER: Mr. Darrel E. Gonyea, Gonyea Land Company, 9100 West Bloomington
Freeway, No. 157, Bloomington, MN 55431
PRELIMINARY PLAT: CURTIS LAKE
LOCATION: West of Northwest Boulevard, east of 494, north of 42nd Avenue in
the southeast 1/4 of Section 10 and the northeast 1/4 of Section
15.
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. These are in addition to the assessments shown in No. 1 and
No. 2.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of final plat approval.
4. Area assessments: Sanitary sewer area assessment based on 49.4
acres - 16.0 acres for Pond SC -P11 = 11.4 acres x $880 per acre =
x,392 Watermain area assessment based on 49.4 acres - 16 acres
for Pond SC -Pll = 33.4 acres x $1,580 per acre = $52.772.
5. Other additional assessments estimated: The developer will be
responsible for 1/2 the cost of a 36 foot wide, seven ton street when
Northwest Boulevard is reconstructed. Also sanitary sewer lateral
benefit for Lots 23 through 29, Block 2 which will be served from the
North Central Trunk Sanitary Sewer,
N/A Yes No
6. _ _ X Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet (10')
in width adjoining all streets and six feet (6') in width adjoining
side and rear lot lines.
N/A Yes No
7. X All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
g. _ — 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 water drainage plan. A drainage easement for ponding purposes
shall be provided to the DNR high water elevation of 931.0. A
drainage easement for ponding will be reguired for the pond in Block
1. The 100 year elevation of this pond shall he noted on the grading
121an:
9. 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 is not an automatic process in
conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions of
easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application - If it is subsequently determined that
the subject property is abstract property, then this requirement does
not apply.
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.
11. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
X DNR
MnDOT
X Hennepin County
X MPCA
X State Health Department
Bassett Creek
Minnehaha Creek
Elm Creek
X Shingle Creek
X Army Corps of Engineers
Other
The developer must comply with the conditions within any permit. (See
Item 24L.
2 -
0
TRANSPORTATION:
N/A Yes No
12. _ X Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary. 47th Avenue shall be removed from the plat and 47th Court
shall be changed to Underwood Court.
13. _ X _ Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection of
and
15. _ X All existing street rights -of -way are required width -
Additional right -of -way will be required on as shown on the
preliminary plat.
N/A Yes No
16. _ X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsible
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional
engineer must prepare the plans and profiles of the proposed sanitary
sewer, watermain, storm sewer facilities and streets to serve the
development. (See Items 241 and 24M)
3 -
N/A Yes No
17. X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities. See
Items 24J and 24M).
18. X Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction. The developer shall petition the
City to construct Northwest Boulevard along with the necessary
watermain and the North Central Trunk Sewer System. City Project 011
and 015. and for sanitary sewer lateral to serve Lots 23 through 29,
Block 2 The development contract shall make provisions for payment
of these assessments.
19. _ _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots. The minimum basement elevations for Lots 1 through 22 Block 2
shall be 933.0 and for the lots adiacent to the pond in Block 3 two
feet above the 100 year high water elevation to be determined by the
developer's engineer and noted on the grading plan
N/A Yes No
20. _ X The preliminary plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. _ X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
n
n
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
N/A Yes No
22. X It will be -necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right -of -way. All water connections shall be via
wettan. Shall comply with all agency pew rmits_
23. _ _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to
the City's Consulting Engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan. All
of their recommendations shall be incorporated in a revised plan.
The grading and drainage plan shall also indicate proposed methods of
erosion control, including the placement of silt fence in strategic
locations. Additionally, the following revisions will be necessary:
Shall comply with all agency permits.
24. A. The parallel sanitary sewer from Underwood Court west to the trunk line shall
be removed with the services being provided from the 10 inch trunk, which is
part of the City project.
B. All the drainage easements for ponding are not in place for Pond SC -Pll and
downstream ponding areas. Storm drainage to Pond SC -Pll must be maintained at
the undeveloped rate for the 1 year, 5 year and 100 year storms.
C. Cross sections shall be provided for all overflow swales along with the final
grading plan. The overflow swale shall be sodded after initial grading is
complete. These drainage swales must be clearly marked on the Final Grading
Plan.
D. A covenant or deed restriction, for the properties adjacent to the wetland
areas shall be.filed to require no alterations of the wetlands without City,
D.N.R. or Corps permits.
E. Wetland 27 -593W shall be labeled on all construction plans.
F. No driveway access will be permitted to Northwest Boulevard or West Medicine
Lake Drive.
G. An application for final plat shall not be submitted until a contract has been
awarded for Sanitary Sewer Project No. 015 by the City.
H. Lot 30, Block 2 shall be revised so there is no frontage on Northwest
Boulevard.
5 -
I. The D.N.R. and Army Corps of Engineers shall be contacted to establish their
wetland limits to make sure Vinewood Lane south of 45th Avenue can be +
constructed as proposed on the Preliminary Plat. If the street cannot be
constructed without encroachment into the proposed wetland, it shall be moved
easterly to eliminate-any encroachment.
J. There is an existing culvert under Northwest Boulevard 350 feet north of 45th
Avenue. Flow of the water from this culvert is not provided for in the grading
or utility plans. This culvert shall be extended and a storm sewer system
constructed to provide flow for this drainage.
K. The developer has obtained an easement from the adjacent property owner for the
remainder of Vinewood Lane and this development shall be responsible for
constructing Vinewood Lane and necessary utilities. This construction must
take place when Lots 1 through 7, Block 2 are final platted.
L. The plans indicate a water quality pond which is required by Shingle Creek in
the protected wetland. If D.N.R. or the Army Corps do not issue the required
permits, it may be necessary to eliminate either Lot 3 or 4, Block 2 in order
to construct the required pond.
M. If the City has not awarded a contract for the watermain along Northwest
Boulevard before the Final Plat is approved, the developer shall provide
watermain connections to the existing City system between Lots 12 and 13, Block
1 and between Lots 28 and 29, Block 2.
N. The driveway for Lot 1, Block 2 , and Lot 34 Block 2 shall be adjacent to the
westerly property line and as far from Northwest Boulevard as possible.
Submitted by:v h u
Daniel L. Faulkner, P.E.
City Engineer
4
January 10, 1991
Mr. Darrel E. Gonyea
Gonyea Land Company
9100 West Bloomington Freeway
No. 157
Bloomington, MN 55431
CITY OF
PUmoUrR
SUBJECT: PRELIMINARY PLAT OF
CURTIS LAKE ADDITION (90105)
Dear Mr. Gonyea:
The Engineering Department has completed their review of the above
referenced Preliminary Plat.
The Engineer's Memo has been submitted to the Planning Commission for
their consideration at the January 16, 1991, Planning Commission
meeting.
If you have any questions regarding the contents of the enclosed memo,
please call me at 550 -5072.
SynCerely yours.
Jo 'n R. Sweene
sistant Engi
JRS:kh
enclosure
cc: Fred G. Moore, Director of Public Works
Daniel L. Faulkner, City Engineer
Donald Munson, Assistant Building Official
Robert C. Johnson, Senior Engineering Technician
Mike Gair, McCombs Frank Roos and Associates, Inc.
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550 -5000
STATE OF
r1 HIE S. O 'Q
DEPARTMENT OF NATURAL RESOURCES
METRO REGION WATERS - 1200 WARNER ROAD, ST.
PHONE NO. 772-7910
November 27, 1990
Mr. Charles Dillerud
City of Plymouth
3400 Plymouth Boulevard Tao_
Plymouth, MN 55447
Dear Mr. Dillerud:
PAUL, MN 55106
FILE NO.
D
NOV 28 1990
CITY OF PLYMOUTH
COMMUNITY DEVELOPMENT DEPT.
RE: GONYEA LAND COMP (90105) CURTIS LAKE (27- 593W), CITY OF
PLYMOUTH, HENNEPIN
We have reviewed the site plans (received November 14, 1990) for the
above - referenced project and have the following comments to offer:
1) Protected wetland Curtis Lake (27 -593W) is on the proposed
site. Any activity below the ordinary high water (OHW)
elevation, which alters the course, current or cross - section of
protected waters or wetlands, is under the jurisdiction of the
DNR and may require a DNR protected waters permit. The OHW for
Curtis Lake is 931 O'(NGVD, 1929).
2) If construction involves dewatering in excess of 10,000 gallons
per day or 1 million gallons per year, the contractor will need
to obtain a DNR appropriation permit. You are advised that it
typically takes approximately 60 days to process the permit
application.
3) Appropriate erosion control measures should be taken during the
construction period. The Minnesota Construction Site Erosion
and Sediment Control Planning Handbook (Board of Water and Soil
Resources and Association of Metropolitan Soil and Water
Conservation Districts) guidelines, or their equivalent, should
be followed.
4) There should be some type of easement, covenant or deed
restriction for the properties adjacent to the wetland areas.
This would help to ensure that property owners are aware that
the DNR and the Corps of Engineers have jurisdiction over the
areas and that the wetlands cannot be altered without
appropriate permits.
AN EQUAL OPPORTUNITY EMPLOYER
INN6SOT
1990
Charles Dillerud
November 27, 1990
Page Two
7) It appears that the stormwater is being routed directly to
Curtis Lake. Stormwater sedimentation /treatment features,
should be included in the plan. If stormwater is routed
directly to the wetland(lake) it can cause sedimentation and
water level bounces that are detrimental to the basin's
wildlife values and water quality.
8) DNR protected wetland Curtis Lake (27 -593W) should be labeled
as such in future plans or plats and the OHW, if available,
should be noted.
Thank you for the opportunity to comment. Please contact me at
772 -7910 should you have any questions regarding these comments.
Sincerely,
Joe Richter
Hydrologist
C160:kap
cc: John Lino, Gonyea Land Company
Shingle Creek WSD
Curtis Lake (27 -593W) file
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447
Mr. Chuck Dillerud
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Telephone
612/476 -6010
612/476 -8532 FAX
December 10, 1990
SUBJECT: Variance from Provisions of Section 500.41
Curtis Lake - Darrel Gonyea Application
MFRA #9285
Dear Mr. Dillerud:
90X05
Engineers
Planners
Surveyors
Eiv o
DEC lgx, loanAaw
C17Y OF Pi
Ot-"WENT DEPT.
In behalf of Darrel Gonyea, our firm, along with Mr. John Lino of Gonyea
Land Company recently submitted an application and other pertinent documents
requesting preliminary plat and rezoning of approximately 49.4 acres. The
application has been reviewed by the City DRC and we have responded to the
initial inquiries. This letter seeks to respond to the remaining two concerns,
consisting of variances on a temporary basis for length of cul -de -sac and the
dilemma created by dedicating a half right of way in the southern extremity of
proposed Vinewood Lane.
Initially, we were anticipating the adjoining southeast property owner,
namely McGraw, would submit preliminary plat plans concurrently with the Curtis
Lake Subdivision. This was not accomplished; however, alternatively, with the
original application and submittal for Curtis Lake, a statement of intent
signed by McGraw and Gonyea was filed, indicating McGraw's intention to
cooperatively join in a plat. This agreement additionally stated McGraw's
intention to provide the remaining required east 25' half right of way for
Vinewood Lane.
Because the timing with the McGraw subdivision is not concurrent with the
preliminary plat request for Curtis Lake, two variance requests are required.
The first is because the length of the cul -de -sac is approximately 1,100'
measured from 46th Avenue North to the south plat line. The length of
cul -de -sac, however, can be reduced with the provision of a temporary access
easement over Lot 13 of Block 1. This easement would extend from proposed 45th
Avenue Northeast to Northwest Boulevard at the approximate location of existing
45th Avenue North.
The second variance pertains to the platting of a half right -of -way. This
affects approximately 500' of the southern extremity of proposed Vinewood Lane
and occurs over the entire frontage of the McGraw property. With this
requested variance however, an easement for the easterly 25' of proposed
Vinewood Lane from McGraw to the City for roadway and utility purposes will be
provided.
An Equal Opportunity Employer
Mr. Chuck Dillerud
December 10, 1990
Page Two
With the above two identified easements, the variances ostensible become
temporary and should be abated at the time the McGraw property is platted.
However, in the intervening period from the recording of Curtis Lake final plat
until McGraw plats, easements as stated above will be granted to mitigate the
dilemma created by length of cul -de -sac and half right of way dedication.
The City Planning Commission may favorably recommend variances from the
provisions of Section 500.41 of the subdivision code, after consideration of
three items:
1. Special circumstances or conditions do exist, which would deprive the
applicant /owner of reasonable and timely use of this property under
strict application of the subdivision code. Specifically, the
southern 500+ feet of the proposed Curtis Lake subdivision, which
includes Lots 1 -5 of Block 2, is situated in a "pan- handle" land form
configuration. The land form configuration is created by Hennepin
County Regional Park District property on the southern edge of the
plat, as well as Park District property on the western boundary of the
subdivision. Additionally, between proposed Vinewood Lane and the
sites' westerly boundary is DNR protected wetland which limits the
placement of fill and thus the location of roadways and homesites.
The applicant has worked cooperatively with DNR and the adjoining
property owner has also cooperated by allowing the placement of
Vinewood Lane on the McGraw /Gonyea common lot line, thus centering the
50' public right of way of Vinewood Lane equally on both properties.
This cooperatively agreed upon location of Vinewood provides
reasonable use of the subject property.
Additionally, the center line of Vinewood Lane is the proposed
location of a City Trunk Sanitary Sewer, which will extend beyond the
property in both north and south directions and generally follow the
alignment of Vinewood Lane.
From a marketing and land development perspective, the first 5 -7 Lots
of Block 2 are vital in establishing the long term quality of the
proposed subdivision. These lots are determined to be the "trend
setters" relative to quality and value of housing type. Basis for
this is the fact that they are secluded and views to the west are into
a densely wooded land form. These 5 -7 lots, because of their location
and orientation, will set presidence for the balance of the
subdivision, an important factor to the overall quality and
appearance. Delaying the development of these properties would run
counter to sound marketing and development strategy.
We believe the provision of an easement by McGraw for the easterly 25'
of Vinewood Lane, mitigates the need for the variance. The platting
of the McGraw property will ultimately provide full dedication of the
right of way.
Mr. Chuck Dillerud
December 10, 1990
Page Three
Additionally, a temporary access easement over Lot 13 of Block 1
eliminates on a temporary basis the extreme length of the Vinewood
cul -de -sac. As noted above, the temporary easement over Lot 13 of
Block 1, effectively reduces the length of cul -de -sac from 1,100' to
680' +.
This variance is temporary also and will be eliminated at such time as
the McGraw property is platted, in so far as an east and west access
from Vinewood Lane to Northwest Boulevard at the location of existing
44th Avenue North will be platted by McGraw in the future.
2. These variances are deemed "necessary for the preservation and
enjoyment of a substantial property right of the applicant /owner ". As
noted above, the primary orientation of the development will originate
with development of the southerly first 5 or % lots in Block 2. The
development of these lots for home sites will unquestionably set an
important trend in terms of quality and overall appearance of the
Curtis Lake subdivision. These first 5 -7 lots are the most
ammenatized with regard to woodland, land form, wetlands, and
seclusivity.
3. The granting of the requested two variances will not be detrimental. to
public welfare, or injurious to other property in the area. In fact,
the purpose for requesting the length of cul -de -sac variance with a
temporary access easement over Lot 13 is provided specifically in the
interest of public welfare and health. The half right of way variance
is being accommodated by an easement from McGraw and the ultimate full
dedication should benefit the McGraw property.
The granting of these two variances does not create an irreversible
variance from the subdivision code. Both variances are mitigated by temporary
remediation via the proposed easements.
We realize variances from the subdivision ordinance are a serious matter
and that the purpose of these ordinances are to protect health, safety, welfare
and property values. In the instance of the Curtis Lake subdivision, the
variances are not permanent, irreversible or unmitigated requests, but rather
temporary differences from the strict specifications of the subdivision code.
We appreciate your assistance on this matter, please feel free to contact
myself or Gonyea Land Company.
Kindest regards,
McCOMBS ANK POOS ASSOCIATES, INC.
Michael J G r
MJG:aju
cc: Darrel Gonyea
John Lino
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447
November 1, 1990
Mr. Chuck Dillerud, Community Development Coordinator
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Telephone Engineers
612/476 -6010 Planners
612/476 -8532 FAX Surveyors
F
NOV 2 1990
SUBJECT: Gonyea Land Company
A1
Preliminary Plat and Rezoning CQ -1i'i "i' iTY ;L ;V' :LUI7 fY%NT DEPT
MFRA #9285
Dear Mr. Dillerud:
With this letter, we are forwarding an application seeking preliminary plat
and rezoning approval for property located at 45th Avenue North and West
Medicine Lake Road.
On previous occasions, Gonyea Land Company has met with City Engineering
and Community Development staff regarding the development of this property and
alignment of trunk sanitary sewer through the site.
The current zoning of the property is FRD, with a land use designation
pursuant to the December 18, 1989 amended City Comprehensive Land Use Map of
LA -2. Consistent with the LA -2 Land Use Designation, the applicant /owner is
requesting the property be rezoned to R -2. The developer's intention is for
all lots to meet or exceed the R -2 district lot requirement standards. As
such, no variances are being pursued with this application. The plat is
approximately 49.43 acres in area, and consists of 64 residential home sites.
A gently curving road layout pattern has been designed in response to the
contours of the property, primarily those abutting the wetland area on the
western third of the site. The entire wetland area has been platted by
extending lot lines to the site's western boundary drainage and utility
easements will be provided encompassing the 100 -year elevation (928.8 feet).
During our most recent DRC meeting, the entrances to the property and
roadway pattern was reviewed and found to be appropriate. Included in these
discussions was a east -west roadway, from future County Road 61 at the entrance
to the Swan Lake development and extending westerly to the proposed north -south
proposed right -of -way on the Gonyea /McGraw property line. We understand this
relatively short segment of east -west roadway has been discussed with the
representatives for the McGraw property.
The City is in the process of completing its design phase for the Central
Area Trunk Sanitary Sewer, which will traverse the subject property, extend
north and west beyond I -494. It is this trunk sewer facility that will provide
sanitary sewer service to the subject property. The developer /owner's
An Equal Opportunity Employer
Mr. Chuck Dillerud
November 1, 1990
Page Two
preferred alignment for the trunk is along the proposed center line of the
primary north -south road, as illustrated in the preliminary plat. This
alignment, I believe, offers benefit to the City, insofar as it is an alignment
less difficult to traverse by avoiding wetland and wooded areas. However, the
determination of this alignment is dependent upon engineering design and
platting configuration.
Although the northern one -third of the site is affected by visual and
audible contact with I -494, the proposed homesites are situated approximately
700 feet from the nearest highway travel lane. The central and southern
portion of the property are screened from the highway by a significant
intervening land mass and woodland area. This significant natural feature,
along with property along the site's southern boundary, is owned by Hennepin
County Park Reserve District. This Future Recreation Element feature adds to
the value of the residential subdivision. The large central land area, while
regulated by the Minnesota Department of Natural Resources, also adds
asthestic, wildlife and spacial benefit to the subdivision. The development's
primary access from future County Road 61 is centrally located and is expected
to add seclucivity to the development.
In conclusion, the Owner /Developer seeks City approval for a 64 -unit
residential plat and rezoning to R -2, consistent with the City's Comprehensive
Land Use Plan.
Kindest regards,
MG:jmj
cc: Darrel Gonyea, Gonyea Land Company
John Leno , Gonyea Land Company
IATES, INC.
Plymouth City Code 500.39
00.39. Sea Level Elevations Required. All surveys submitted in connection
with applications for waivers of the provisions of Minnesota Statutes, Section
462.358, Subdivision 4, or for division or consolidation of lots or tracts as
provided in Section 500.37 shall show thereon sea level elevations at 50 foot
Intervals.
500.41. Variances. Subdivision 1. General Conditions. The Planning
Commission may recommend a variance from the provisions of this Section as to
specific properties when, in its judgement, an unusual hardship on the land
exists. In granting a variance, the Commission may prescribe conditions that
it deems necessary or desirable in the public interest. In making its find-
ings, as required below, the Commission shall consider the nature of the pro-
posed 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 located.
The Commission findings in granting or denying a variance shall-be in writing
and filed with the City Clerk. _ s
Subd. 2. Application Required. 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 Commission, 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.
500.43. Compliance; Waivers; Building Permits. Subdivision 1. Conveyance of
and. Any person who conveys land by metes and bounds or by reference to an
unapproved plat or registered land survey in violation of the provisions of
Minnesota Statutes, Section 462.358, Subdivision 4, is subject to the penalty
provisions of that Section.
Subd. 2. Waiver of Compliance. In any case where compliance with the
provisions of Minnesota Statutes, Section 462.358, Subdivision 4 will create an
unnecessary hardship and failure to comply will not interfere-with the purpose
of this Section, the City Council may by resolution waive compliance with this
Subsection, provided, however, that the proposed conveyance has been reviewed
by the Planning Commission and the Commission has found that it complies with
all provisions of this Section.
1i Avvfia 1o,m vj /ij
IIjU
E lipn
r
J
T
t%714 ;
I
5- D.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Dec. 20, 1990 COMMISSION MEETING DATE: Jan Ao, 1991
FILE NO.: 90106
PETITIONER: Independent School District #284/St. Philip the Deacon
Church
REQUEST: Conditional Use Permit to Allow Church Use of a School
Facility as a Temporary Site for Worship and Religious
Education at Wayzata Senior High School
LOCATION: Northwest Corner of Vicksburg Lane and Gleason Lake Road
305 Vicksburg Lane North)
GUIDE PLAN CLASS: Public /Semi - Public
ZONING: R -1A (Low Density Single Family Residential)
BACKGROUND:
There have been a number of Community Development applications processed for
the Wayzata Senior High School over the past several years. The most recent
application was a Conditional Use Permit for the Woodridge Church to use
Wayzata Senior High School for a temporary worship site. Resolution 90 -551
was approved by the City Council on September 9, 1990. One condition of the
resolution is that the Conditional Use Permit be reviewed annually to ensure
compliance with the Zoning Ordinance.
This application, by a different church, proposes the use of the auditorium,
cafeterias, and several classrooms in Wayzata Senior High School together with
the entire Wayzata Senior High School parking lot as a parking resource for
Sunday morning worship services and related educational activities.
Notice of this public hearing has been published in the official City
newspaper and mailed to all property owners within 500 feet.
PRIMARY ISSUES AND ANALYSIS:
1. Use of the 900 -seat auditorium, both cafeterias, and three classrooms of
the Wayzata Senior High School is proposed for Sunday mornings from 7:00
a.m. to 12:30 p.m. The church indicates that Sunday morning attendance
could average 700. The Wayzata Senior High School site provides 526 off -
street parking spaces that would be available for use by church service
attendees. At the Zoning Ordinance standard of one offstreet parking
space per four seats, the proposed use would occupy 175 spaces, leaving a
reserve" factor of 351 spaces over the Zoning Ordinance standard.
see next page)
File 90106
Page Two
2. The primary issue with this request is in relation to the existing
Conditional Use Permit for the Woodridge Church at this site. Wayzata
Public Schools has provided the Facility Use Permit for the Woodridge
Church as an exhibit to this application. This agreement is valid for
each Sunday from September 16, 1990, to Sunday, March 24, 1991. The
proposed Facility Use Permit for the St. Philip the Deacon Church would be
valid on each Sunday between April 7, 1991, and June 30, 1991.
3. A Conditional Use Permit for this facility must respond positively to the
six Conditional Use Permit criteria to allow for a place of worship in the
R -1A Zoning District. We have attached a copy of the six criteria that
must be addressed. We have also attached the petitioner's narrative
regarding these criteria.
PLANNING STAFF COMMENTS:
1. In order to ensure that the two churches using Wayzata Senior High School
are not occupying the facility at the same time, the resolution for St.
Philip the Deacon Church should include a commencement date that is after
the premises have been vacated by the Woodridge Church.
2. The application is responsive to the requirements for a Conditional Use
Permit for a Place of Worship.
3. The application meets the six standards required for any Conditional Use
Permit by the Plymouth Zoning Ordinance.
RECOMMENDATION:
I hereby recommend approval of the Conditional Use Permit consistent with the
attached list of mommended condil-4Qns.
Submitted by:
arles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Draft Resolution for Approval of a Conditional Use Permit
2. Location Map
3. Conditional Use Permit Criteria
4. Petitioner's Narrative
pc /cd /90106:dl)
APPROVING CONDITIONAL USE PERMIT FOR INDEPENDENT SCHOOL DISTRICT #284 (90106)
WHEREAS, Independent School District #284 has requested approval for a
Conditional Use Permit to allow church use of a school facility as a temporary
site for worship and religious education at Wayzata Senior High School located
at the northwest corner of Vicksburg Lane and Gleason Lake Road (305 Vicksburg
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
Independent School District #284 for a Conditional Use Permit to allow church
use of a school facility as a temporary site for worship and religious
education at Wayzata Senior High School located at the northwest corner of
Vicksburg Lane and Gleason Lake Road (305 Vicksburg 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 permit is issued to Independent School District #284 for the use
proposed by St. Philip the Deacon Church.
3. The site shall be maintained in a sanitary manner.
4. All waste and waste containers shall be stored within approved designated
areas.
5. No signage is allowed relative to the use except that a temporary sign not
to exceed 20 square feet in area will be permitted between one hour prior
to and one hour after the service.
6. This permit shall be valid upon termination of the use by Woodridge Church
as authorized by Conditional Use Permit Resolution 90 -551.
7. All parking shall be off - street in designated areas which comply with the
Zoning Ordinance.
CTl[oI4
1
iRog S=CN 9, S WrVr SICN A
2. p c Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Cc mission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a reccnr endation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning a mission shall review the application and consider its
conformwice with the following standards:
1) Compliance with and effect upon the Ccaprehensive 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
December 5, 1990
Mr. John Keho
City of r'. yr',o.:th
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Mr. Keho:
I b 10 tp
COMMUNITY EDUCATION SERVICES
210 COUNTY ROAD 101 NORTH
P.O. BOX 660
WAYZATA, MN 55391 -9990
612) 476 -3200 FAX 476 -3214
DEC 6 1990
CITY OF PLYMOUTH
COMMUNITY DEVELOPMENT DEPT.
I am the person you spoke with on Tuesday, November 13, 1990
regarding the application of St. Phillip the Deacon Church
90160). I apologize for the delay in forwarding this letter of
confirmation to you. I have been waiting for additional
information from Woodridge Church about their future use of
District 284 Facilities.
The Woodridge Church's District 284 Facility Use Permit
00004987) expires on Sunday, March 24, 1991. St. Phillip the
Deacon's pending Facility Use Permit ( #00005942) begins on
Sunday, April 7, 1991. A copy of both permits are enclosed. St.
Phillip the Deacon will be scheduled through April 26, 1992 and
has yet to return a signed copy of their permit to our office.
Please contact me if you have further questions or concerns. I
can be reached at the District 284 Community Education Services
Office, 476 -3200.
Sincerely,
David Throne
Youth /Facilities Coordinator
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CITY OF PLYMOUTH
OQ COMMUNITY DEVELOPMENT DEPT. the lutheRan chupc h of s t. p hiLi p the deacon
17205 County Road No. 6, Plymouth, Minnesota 55447 -3096 / (612) 473 -7868
T Pastors
The Rev. Dr. David Hoffman Director of Christian Education Director of Youth Ministry
The Rev. Dr. Christopher Nelson Kathleen Adam Gordon Sandquist
The Rev. Valerie Strand
TO: City of Plymouth
FROM: St. Philip the Deacon Lutheran Church
DATE: October 25, 1990
SUBJ: Conditional Use Permit for the use of Wayzata Senior High School by
St. Philip the Deacon Lutheran Church
St. Philip the Deacon Lutheran Church would like to rent from the Wayzata School
System the Wayzata Senior High School from 7:30 a.m. to 12:00 p.m. every Sunday
morning for the purpose of holding our worship services. These services would take
place in the high school auditorium with a total average expected attendance of
700. Besides the auditorium, St. Philip the Deacon would also rent a room for
nursery, and several rooms and the cafeteria for Sunday School classrooms. St.
Philip the Deacon would also use the auditorium on Christmas Eve.
This rental agreement with the Wayzata School System for the Wayzata Senior High
School complies with the Conditional Use Permit Standards from Section 9, subdivision A
of the Plymouth Zoning Ordinance in the following ways:
1. In terms of the comprehensive plan for the usage of the Wayzata Senior High School,
the rental of St. Philip the Deacon will in no way deviate from that plan. St.
Philip the Deacon will not alter in any way the high school facility. Our
usage will be limited to the weekly rental on Sunday mornings.
2. St. Philip the Deacon is committed to providing ongoing programs that will be
beneficial for the public welfare of citizens in Plymouth. The usage of the
Wayzata Senior High School will in no way endanger public health or safety since
the group of people attending at St. Philip the Deacon will in no way tax the
building facilities of the senior high school.
3. Since St. Philip the Deacon is renting the property of the Wayzata School System
only on Sunday mornings, it should have no substantial impact on property values
within the neighborhood. Also, all of our parking will be off - street and should
not be detrimental to the use of property by the other property owners in the
immediate vicinity.
4. Since St. Philip the Deacon will only be renting the Wayzata Senior High School
on Sunday morning, it will in no way impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district. We
will not alter in any way the high school facility.
page two
5. All parking for St. Philip the Deacon will be in the parking lot adjacent to the
auditorium at the Wayzata Senior High School. The anticipated attendance at
St. Philip the Deacon is approximately 700 and the parking lot adjacent to the
auditorium holds 365 cars.
6. Since St. Philip the Deacon is renting the Wayzata Senior High School and will
make no changes to the property, it should in all other respects, conform to the
applicable regulations of the district in which it is located.
Thank you for your consideration
5. E.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: January 4, 1991 COMMISSION MEETING DATE: January 16, 1991
FILE NO.: 90108
PETITIONER: Ray Wedin
REQUEST: Conditional Use Permit for Home Occupation to Operate a
Woodworking /Cabinetry Shop
LOCATION: 16831 12th Avenue North
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: R -1A (Low Density Single Family Residential)
BACKGROUND:
There are no applications on file in the Community Development Department
regarding development actions on this parcel.
Proposed is a "Home Occupation - Conditional" for the operation of a
woodworking /cabinetry shop. The application results from a complaint and
verified Zoning Ordinance violation related to the use being in operation
without a Conditional Use Permit. The use has ceased pending the decision on
the Conditional Use Permit.
Notice of this Public Hearing has been published in the official City
newspaper, and mailed to all property owners within 500 feet.
PRIMARY ISSUES AND ANALYSIS:
1. The area of the existing garage proposed to be used for the home
occupation will be 620 square feet, or under 30 percent of the house and
garage area combined, and therefore is held to be secondary and incidental
to the primary use of the structure - single family residence.
2. The Zoning Ordinance allows two classes of home occupations in residential
zoning districts. Certain home occupations -of a small nature and
involving no external evidence of those occupations- are a permitted use
in the residential districts. Certain other home occupations,
specifically those that involve the keeping of "stock -in- trade" or
manufacturing which requires equipment other that than customarily found
in the home, require a Conditional Use Permit. Since lumber will be kept
on the premises, between jobs, and two saws not usually found in a home
will also be kept on site, a Conditional Use Permit is required in this
case (see attached ordinance definitions).
see next page)
File 90108
Page Two
3. The Zoning Ordinance provides that six standards be met prior to issuance
of any Conditional Use Permit. A copy of the standards is attached and
the letter of the applicant dated 12- 11 -90, is also attached in which he
provides evidence of his complying with the standards.
4. The definition of "Home Occupation - Conditional" in Section 4 of the Zoning
Ordinance specifies that the use shall not produce light glare, noise,
odor or vibration perceptible beyond the premises. The original complaint
states saw noise as an observed problem with this use. The applicant
states there is no noise with doors closed.
PLANNING STAFF COMMENTS:
1. The proposed home occupation meets the definition of "home occupation -
conditional" of the Plymouth Zoning Ordinance, subject to control of saw
noise perceptable beyond the boundaries of the premises. A condition is
recommended to affirm the Zoning Ordinance standard regarding noise.
2. The proposed home occupation meets the six standards of the Zoning
Ordinance specified for any Conditional Use Permit.
3. The proposed home occupation is secondary and incidental to the primary
use of the single family residence.
RECOMMENDATION:
I hereby recommend adoption of the attached resolution providing for the
approval of a home occupation - conditional for the operation of a
woodworking /cabine r shop as r u d.
Submitted by:
arles E. Dillerud; Community Development Coordinator
ATTACHMENTS:
1. Resolution Approving Conditional Use Permit for Home Occupation
2. Zoning Ordinance Definition of Home Occupation - Conditional
3. Conditional Use Permit Standards
4. Petitioner's Letter Dated 12 -11 -90
5. Location Map
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APPROVING CONDITIONAL USE PERMIT FOR RAY WEDIN (90108)
WHEREAS, Ray Wedin has requested a Conditional Use Permit for a Home
Occupation to operate a woodworking /cabinetry shop occupying 620 square feet
of the garage for property located at 16831 12th 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 Ray
Wedin for a Conditional Use Permit for a Home Occupation to operate a
woodworking /cabinetry shop occupying 620 square feet of the garage for
property located at 16831 12th 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. There shall be no signage allowed on the property relative to the use.
4. There shall be no outside display, sales, or storage of merchandise or
related materials.
5. The permit shall be renewed annually from the date of this resolution to
assure compliance with the conditions.
6. The garage doors shall remain closed during the operation of the
woodworking /cabinetry shop so that no noise related to this home
occupation shall be perceptible beyond the boundaries of the premises.
7. There shall be no vehicular traffic related to this use other than the
personal vehicles of the permittee.
PLYMOUTH ZONING ORDINANCE'
Section 4, Subdivision B
ige -- Ani al. and ye92.table wastes and other wastes or putrescible matter
inc uding but not imi e o shells, grounds, bones,
entrails, and similar materials resulting from t e aration,
cooking, service and consumption of food, and other animal waste (Amended
Ord. 87 -31)
Gasoline Service Station -- Any building or premises used fgpofhe dispensation,
sale or offering for sale at retail of any motor fue , oils or lubricants.
When the use is incidental to the conduct of a p is garage, the premises
are classified as a public garage.
General Development Plan -- A report in text map form with the map drawn to
scale depicting the general locatio and relationship of structures,
streets, driveways, recreation are parking areas, utilities, etc. as
related to a proposed development
Grade (Adjacent Ground Elevation -- The lowest point of elevation of the
finished surface of the and between the exterior wall of a building and
a point 5 feet distant om said wall, or the lowest point of elevation of
the finished surface the ground between the exterior wall of a building
and the property 1' a if it is less than 5 feet of a public sidewalk, alley
or other public . ay, the grade shall be the elevation of the sidewalk,
alley or publ' way.
Guest Room -- ny room or rooms used, or intended to be used by a guest for
sleepi purposes.
Height Building -- The vertical distance from the "Grade" to the highest
int of the coping of a flat roof or to the deck line of a mansard roof orr
Home Occupation -- Any gainful occupation or profession engaged in by the
occupant of the dwelling unit within the dwelling unit which is clearly
incidental and secondary to the residential use of the premises, provided,
such activity does not produce light glare, noise, odor, or vibration
perceptible beyond the boundaries of the premises; does not involve the use
of accessory structures or any of the following: Repair, service, or
manufacturing which requires equipment other than that customarily found in
a home; over -the- counter sale of merchandise produced off the premises; or,
the employment of persons on the premises other than those customarily
residing on the premises. (Ord. 88 -37) 64
Home Occupation Conditional -- Any gainful occupation or profession, approved
pursuant to the conditional use permit provisions of this Ordinance,
engaged in by the occupant of a dwelling unit within the dwelling unit or
within not more than one accessory structure permitted by the Zoning
Ordinance, and which involves any of the following: Stock -in -trade
incidental to the performance of the service; repair, or manufacturing
which require equipment other than that customarily found in a home; the
employment on the premises, at any one time, of not more than one person
who is a non - resident of the premises; the teaching of more than one but
not more than four non - resident students at any given time; or the need for
not more than two parking spaces in addition to spaces required for the
4 -7
PLYMOUTH ZONING ORDINANCE
Section 4, Subdivision B
persons residing on the premises. The activity shall be clearly incidental
and secondary to the residential use of the premises, including the
dwelling and permitted accessory or installations thereon; and shall not
produce light glare, noise, odor, or 'vibration perceptible beyond the
boundaries of the premises; and shall not consist of over - the - counter sales
of merchandise produced off the premises. (Ord. 88 -37)
an beings
within the meaning of Minnesota Statute Chapter 144.50. (Ord. 38)
Hotel (Motel) -- Any building or portion thereof where lodgin is offered
to transient guests for compensation and in which there ar more than three
3) sleeping rooms, with no cooking facilities in an . dividual room or
apartment.
Impervious Surface -- Surfaces that do not absorb wa They consist of
all buildings, parking areas, drivewa s, roads, si walks, and any areas of
concrete asphalt. (Amended Ord. 89 -02
Junk Yard -- Land or buildings where waste, dis(
brought, sold, exchanged, stored, cleaned,
including, but not limited to scrap metal
glass products, lumber products and produ
salvage of automobiles or other vehicle
ar d or salvaged materials are
p ked, disassembled or handled,
rags, paper, rubber products,
s resulting from the wrecking or
Land Reclamation -- Depositing fifty (50) ubic yards or more of material so as
to elevate the grade.
Limited Access Highwa/
foall
traffic -w , including toll roads, for through
traffic, in resp which ers or occupants of abutting property or
lands and other s have legal right of access to or from the same,
except at such ponly . d in such manner as may be determined by the
public authority jur diction over the traffic -way.
Loading Space -- That on f a lot or plot designed to serve the purpose of
loading or unloa all types of vehicles.
Lot -- One unit of a ed plat or s ubdivision occupied or to be occupied by
a building and iessory buildings and including as a minimum such openspacesasarereunderthisOrdinanceandhavingfrontageonapublic
street or'approv vate street.
Lot Area -- The tojcl land area within the lot lines.
Lot Area per Dw ling Unit -- The lot area required by this Ordinance to be
provided r each dwelling.
Lot, Corn -- A lot situated at the junction of and fronting on two or more
str ts.
Lot overage -- The area of a lot occupied by the principal building or
buildings and, structures, exce t erwise by this
3
FR M MMON 9, MBDIVISICK A
3
2. Procedure. 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) Ccnpliance with and effect upon the Ccniprehensive 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 3lmmdiate 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
Description of Conditional Use Permit Request for Ray Wedin (90108)
I am a finish carpenter. I have two saws in part of my garage. I build
cabinets when needed for remodel jobs I do. There is no noise outside of the
garage, no deliveries, no dust outside and no disturbance of neighbors. I
request permission to continue with my work.
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NUMB
DEC 11 1990
CITY OF PLYMOUTH
COMMUNITY DEVELOPMENT DEPT
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