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HomeMy WebLinkAboutPlanning Commission Packet 06-26-19915. As CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 11, 1991 COMMISSION MEETING DATE: June 26, 1991 FILE NO.: 90038 PETITIONER: Len Busch Roses REQUEST: SITE PLAN APPROVAL FOR CONSTRUCTION OF A LANDSCAPE SCREENING BERM LOCATION: North of Medina Road West of County Road 101 GUIDE PLAN CLASS: LAR (Living Area, Rural) ZONING: FRO (Future Restricted Development District) BACKGROUND: On June 18, 1990, by Resolution 90 -355, the City Council approved a Site Plan for the construction of two greenhouses (numbers 15 and 16) at the Len Busch Roses complex, subject to several performance related conditions regarding lighting. On December 10, 1990, by Resolution 90 -778, the City Council approved an agreement with Len Busch Roses, Inc. concerning lighting of the greenhouses, in response to item 13 of Resolution 90 -355. A copy of the agreement is attached. PRIMARY ISSUES AND ANALYSIS: 1. One of the conditions approved by Resolution 90 -355 is that the petitioner shall submit a Landscape Plan b September 1, 1990 showing effective buffering by means of berming and /or landscaping and /or fencing along the entire length of the property adjacent to Medina Road; the topographical information shall be based on current data from the City and from a Site Survey and shall account for the final elevations of new Medina Road. The plan will be reviewed by the Planning commission and approved by the City Council. The Site Improvement Performance Agreement and Financial Guarantee shall be submitted to ensure completion of the improvements shown on the approved Landscape Plan. 2. Item number 4 of Resolution 90 -778 approving an agreement between the City of Plymouth and Len Busch Roses states that ..Len Busch Roses will also install screening along Medina Road consisting of berming, landscaping, and /or fencing pursuant to Resolution 90 -355, to partially block the view of the greenhouses from Medina Road. Before constructing the screening, Len Busch Roses will obtain City approval of its plans ". see next page) Page Two File 90038 3. The petitioner proposes, in response to these conditions, the construction of a berm parallel to Medina Road for a distance of approximately 1,000 feet ranging six to eight feet in height upon which would be planted 53 spruce trees at a planted height of six feet. The trees would be planted at an effective spacing of just under 20 feet on center. 4. The petitioner has provided two cross - section views (near the east end and near the west end of the proposed berm and plantings) showing the relationship of the greenhouse structures to both Medina Road and homes that would be constructed in the Bridlewood Farms addition south of Medina Road. The cross- sections show impact of the berm as well as the proposed coniferous trees - both at the planted height of six feet and the mature height (after 15 years) of 25 feet. PLANNING STAFF COMMENTS: 1. We find the berm alone will provide effective screening of the greenhouse structures from Medina Road along the 1,000 foot frontage for which the berm is proposed to be constructed. There will be isolated locations at which berm alone will not provide total screening, but in those cases the coniferous trees, even at planted height, will reduce the impact of the greenhouse structures significantly. 2. We find that a combination of the proposed berm and the coniferous trees at planted height will not initially provide effective uniform screening of the greenhouse structures from second -story windows of homes constructed south of Medina Road. In some cases the wide spacing of the trees at planting will result in gaps through which the greenhouse structures will be viewed, and /or the planted height is insufficient to provide a visual barrier to a person looking through a second or third floor window from across Medina Road. At later stages of growth the coniferous trees proposed will provide both the aeral and the vertical screening necessary to screen those houses. We observe the intent of the Site Plan condition is to provide lateral screening of the light produced by the greenhouses not to totally block view of greenhouses. The greenhouses have /will have curtain screens on the roofs to block reflective light transmitted vertically. 3. We find that Article No. 4 of the agreement between Len Busch Roses and the City of Plymouth specifies that berming, landscaping, and /or fencing pursuant to Resolution 90 -355 should partially block the view of the greenhouses from Medina Road. We find the plan that has been presented accomplishes the partial screening (in fact, almost total screening) from Medina Road, and partial screening from the homes to be constructed south of Medina Road as well. see next page) Page Three File 90038 RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for the approval of an amended Site Plan for Len Busch Roses under the 1990 planning file consistent with Condition No. 10 of the 1990 Approval Resolution and Article 4 of the agreement between Len Busch Roses and the City of Plymouth regarding lighting of greenhouses. Submitted by: arles E. Dillerud, -Community Development Coordinator ATTACHMENTS: 1. Draft Resolution for Approval of Site Plan Amendment 2. City Council Resolution 90 -355 3. Agreement Between Len Busch Roses and the City of Plymouth 4. Location Map 5. Landscape /Berming Plan 6. Site Cross - Section pc /jk /90038:dh) APPROVING AMENDED SITE PLAN FOR LEN BUSCH ROSES FOR THE CONSTRUCTION OF A LANDSCAPE SCREENING BERM. (90038) WHEREAS, Len Busch Roses has requested approval for an amended Site Plan for the construction of a landscape screening berm for property located north of Medina Road, west of County Road 101; and, WHEREAS, a Site Plan was approved by Resolution 90 -355 including a condition requiring approval of plans for a berm, and; WHEREAS, by Resolution 90 -778 an agreement between Len Busch Roses and the City of Plymouth was approved that specifies a berm be constructed along Medina Road per plans to be approved by the City, and; WHEREAS, the Planning Commission has reviewed said berm plans 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 Len Busch Roses for an amended Site Plan for the construction of a landscape screening berm for property located north of Medina Road, west of County Road 101, subject to the following conditions: 1. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of this resolution date. 2. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 3. Compliance with all applicable terms and conditions of Resolution 90 -355, 90 -778 and the agreement approved by Resolution 90 -778. res /pc /90038.sp:dh) CITY or PLM40UTB Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 18th day of June , 1990 following members were present: Mavor Bergman" i ouncilme= bar` He' l well , Ricker, Vasiliou, and L tur The following members were absent: Non Counci>member Ricker introduced the following Resolution and moved its adoption: RESOLUTION 90 -355 APPROVING SITE PLAN FOR LEN BUSCH ROSES (90038) WHEREAS, Len Busch Roses has requested approval for a Site Plan to construct a greenhouse structure located north of Medina Road and west of County Road 101; 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 Len Busch Roses for a Site Plan to construct a greenhouse located north of Medina Road and west of County Road 101, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum, except for Items 4 and 5. 2. No payment of park dedication fees -in -lieu of dedication or dedication of land is required until such time that the land is subdivided for urban development. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of approved site improvements. 5. Any signage shall be in compliance with the Ordinance. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire lanes. 8. All waste and waste containers shall be stored within an enclosure. Trash enclosure plans consistent with Zoning Ordinance specifications shall be submitted prior to this resolution becoming effective. see next page) Resolution No. 90 -355 File 90038 Page Two 9. An 8 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. The petitioner shall submit a Landscape Plan by September 1, 1990 showing effective buffering by means of berming and /or landscaping and /or fencing along the entire length of the property adjacent to Medina Road; the topographical information shall be based on current data from the City and from a Site Survey and shall account for the final elevations of new Medina Road. The plan will be reviewed by the Planning Commission and approved by the City Council. The Site Improvement Performance Agreement and Financial Guarantee shall be submitted to ensure completion of the improvements shown on the approved Landscape Plan. 11. The approval is for a maximum of two greenhouses as shown on the submitted plans and no additional greenhouses are included with this *approval. 12. Effective screening and /or lighting schedules shall be implemented with the new greenhouses so that no light produces glare beyond the boundaries of the property. 13. The petitioner shall submit by September 1, 1990, a detailed schedule and plan for abatement of the light emitted from existing buildings by September 1, 1993 so that no glare is produced and no new greenhouses shall be constructed on the site until such plan has been approved by the City Council. The motion for adoption of the foregoing Resolution was duly seconded by Council_me_mher Helliwell , and upon vote being taken thereon, the following voted in favor thereof: Mayor Bergman, Counci?mwlberm Helliwell, Ricker, and Zitur The following voted against or abstained Councilmember Vasiliou Whereupon the Resolution was declared duly passed and adopted. 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 10th day of December , 199Q. The following members were present: Mayor Beraman, Councilmembers Helliwell, Ricker, Vasiliou, and Zitur The following members were absent: None Co ncilmember Zitur introduced the following Resolution and moved its adoption: RESOLUTION NO. 90 -778 LEN BUSCH ROSES, INC. - LIGHTING AGREEMENT WHEREAS, the City Council has previously approved a site plan for Len Busch, d /b /a Len Busch Roses, Inc., to further expand his business of growing commercial flowers by Resolution No. 90 -355; and WHEREAS, said resolution established certain conditions, two of which were: "12. Effective screening and /or lighting schedules shall be implemented with the new greenhouses so that no light produces glare beyond the boundaries of the property. 13. The petitioner shall submit by September 1, 1990, a detailed schedule and plan for the abatement of the light emitted from existing buildings by September 1, 1993, so that no glare is produced and no new greenhouses shall be constructed on the site until such plan has been approved by the City Council. "; and WHEREAS, the City staff and Mr. Busch have previously met to develop an agreement which would address the conditions outlined above; and WHEREAS, the City Council on November 5, 1990 further directed the City Manager and the City Attorney to meet with Mr. Busch and seek to resolve differences in order that an agreement could be negotiated between the parties; and WHEREAS, the City Manager in his report dated December 7, 1990, reported on those negotiations and submitted an agreement for consideration by this Council. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the agreement negotiated between Len Busch, dba Len Busch Roses, Inc., and the City of Plymouth, is hereby approved as meeting the Council's conditions 12 and 13 in Resolution No. 90 -355; and FURTHER, that the City Manager and Mayor are authorized and directed to execute the agreement on behalf of the City of Plymouth. 1 0 12/10/90 THIS AGREEMENT is entered into this day of , 1990 between the CITY OF PLYMOUTH ( "City ") and LEN BUSCH ROSES, INC. ( "Len Busch Roses ") . RECITALS: 1. Len Busch Roses has conducted a greenhouse operation on the property located at 4045 Highway 101 ( "Property ") in the City since 1965. As part of the greenhouse operation, Len Busch Roses uses special high intensity lights to assist in the growing process. Exhibit A to this Agreement is a schematic of the property depicting the number and location of the greenhouses. Nearby neighbors and property owners have objected to the use of the special high intensity lights because of the effect on their property. 2. Pursuant to City Resolution 90 -355, Len Busch Roses has received approval of a site plan for two additional greenhouse structures (Nos. 15 and 16) on the Property. 3. One of the conditions of the site plan approval was that Len Busch Roses submit a detailed schedule and plan for abatement of the reflected light emitted from' the greenhouse operation. 4. That the existing technology for screening greenhouses uses a fabric that may damage the acrylic panels used in the greenhouses of Len Busch Roses. 5. The City and Len Busch Roses enter into this Agreement to set forth the respective rights of the parties concerning implementation of said plan. 1. Len Busch Roses installed retractable, aluminum, opaque screens inside the two greenhouses that were approved by the City pursuant to Resolution 90 -355 (greenhouses 15 and 16). The purpose of the screens is to block reflected light from leaving the greenhouses, particularly from the roof or sidewalls. The screen may be retracted during daylight hours but must be drawn shut during the night time to keep light from reflecting outside the greenhouses. The estimated cost of installing these screens was $40,000. 2. By December 31, 1990, or as soon thereafter as the City Council shall schedule, Len Busch Roses will meet on site with the City Council and area property owners to evaluate the effectiveness of the screening of greenhouses 15 and 16 and the proposed screening of additional greenhouses. r As part of the evaluation process, Len Busch Roses first will shut off the lights in buildings 11 through 14 to simulate screening of those buildings and an assessment of the light reduction will be made. If the existing screening of buildings 15 and 16 and the blackout of buildings 11 through 14 is deemed insufficient light reduction, then Len Busch Roses will shut off the lights in buildings 7 through 10 to simulate the screening of those buildings and a further assessment of the light reduction will be made. If the City Council decides that buildings 7 through 10 must be screened, the screening scheduled will be accomplished as set forth in paragraph 3. The purpose of the evaluation is to determine the effectiveness of screening of the reflected light from the two screened greenhouses, as well as the effectiveness of the curtaining material and the effectiveness of proposed screening of additional buildings. 3. By October 15, 1991, Len Busch Roses will screen, in a fashion similar to greenhouses 15 and 16, greenhouses 11, 12, 13, and 14. If required in accordance with paragraph :2 of this Agreement, Len Busch Roses will screen buildings.'7, 8, 9, and 10 by October 15, 1992. 4. Len Busch Roses will also install screening along Medina Road consisting of berming, landscaping, and /or fencing pursuant to Resolution No. 90 -355, to partially block the view of the greenhouses from Medina Road. Before constructing the screening, Len Busch Roses will obtain City approval of his plans. The City agrees to provide to Len Busch Roses, to the extent available to the City, the necessary fill to construct a berm as contemplated herein from the material taken from Medina Road in the contemplated reconstruction of that roadway. The fill will be provided to Len Busch Roses at no cost. 5. The Council and Len Busch Roses mutually acknowledge that with the screening of greenhouses 11 through 16, as well as greenhouses 7 through 10, if required, as well as screening of any new greenhouses, the reflected light will be reduced to conditions existing in 1985 which was prior to the construction and lighting of the greenhouses referred to above. 6. The City and Len Busch Roses agree to exercise good faith in implementing the terms of this Agreement. The City will not approve any future expansion of greenhouses on the Property if at any time Len Busch roses is in default of this Agreement. i 7. If the screening material placed in any of the greenhouses is determined by Len Busch Roses to damage the acrylic panels, and the City Council agrees that such damage cannot reasonably be mitigated, or that alternative screening is not available, then it is understood that the screening may be removed and that Len Busch Roses will not use any high intensity lights to assist in the growing process in those greenhouses where the screening is removed. If alternative screening material is available, Len Busch Roses and the City Council shall mutually agree as to its suitability to effectively block reflected light from leaving the greenhouse. 8. Any breach of this Agreement by either party may be enforced by the other party seeking equitable judicial relief in order to specifically enforce the provisions of this Agreement. 9. Nothing in this Agreement is intended to be a waiver by the City of its right to declare the use of the lights or the greenhouse operation to be a nuisance and to abate it in accordance with applicable provisions of law. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. CITY OF 'PLYMOUTH By Mayor Its City Manager LEN BUSCH ROSES, INC. By Leonard A. Busch IF IOM -WNN i r 1,0 imp an F-'B A a Z W N co S w ox Z N m . Z W v J CC ! i QH : O , CL l I. r ; fit 1 =777! a L i- V ;i'•' g d 1 NL ar + I. r ; fit 1 =777! a L i- V ;i'•' g d 1 W W 1 W littE i l J i o to Z ailvJ cc 00 W L a i i i r r I f• ' I 3 Y t Y It ` t f o W k i' n III I I,I 3 Ir I I II II t I 1 3 v M r com k 1— O c i Ci 1 littE i l i Y c IROM SBCTIM 9, SU ®IVISICN A 2. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Cammission for purposes of evaluation against the standards of this section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the Conprehensive 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 dinunish 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 s N t MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 19, 1991 TO Ch ck Dillerud, Community Development Coordinator FROM: Daniel L. Faulkner City Engineerineer SUBJECT: LEN BUSCH LANDSCAPING REVIEW COMMENTS (90038) 1. The berm /landscape plan shall be submitted to Elm Creek for their review. 2. Permanent vegetation shall be installed within 30 days after completion of initial grading. 3. The City will provide the fill material available from the Medina Road site as per the agreement with Mr. Busch. 4. Because Medina Road will be under construction when the berm is being constructed, necessary erosion control measures shall be determined by the City Engineer in the field. DLF:rcj:do 5.8• CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 11, 1991 COMMISSION MEETING DATE: June 26, 1991 FILE NO.: 90103 PETITIONER: Hennepin County REQUEST: AMENDED MASTER PLAN AND CONDITIONAL USE PERMIT AND SITE PLAN FOR A NEW WOMEN'S FACILITY AND PARKING LOT; AND, A ZONING ORDINANCE VARIANCE TO PLACE MORE THAN ONE PRINCIPAL STRUCTURE CN A PARCEL OF RECORD AT THE HENNEPIN COUNTY ADULT CORREZTIONS FACILITY LOCATION: Southeast corner of County Road 6 and Vicksburg Lane GUIDE PLAN CLASS: Public and Semi - Public ZONING: R -1A BACKGROUND: In 1981 the City Council, !)y Resolution 81 -141 approved a Site Plan and Conditional Use Permit for Hennepin County to allow construction of the Work /Study Release Residence Facility on the Adult Correctional Facility site. The approval resolution contains several conditions including one that requires submission by the County and approval by the City of a Master Plan for the Adult Corrections Facility site within one year. On January 17, 1983, by Resolution 83 -48, the City Council approved a Conceptual Master Plan for the Hennepin County Adult Correctional Facility. The approved Conceptual Long Range Master Plan identifies the proposed Women's Housing Unit to be located adjacent to the existing Women's Residence as well as additions to the existing Men's Residence Unit. On November 20, 1989 the City Council adopted Ordinance 89 -38 adding Section 9, Subdivision E to the Zoning Ordinance. This Zoning Ordinance section specifically addresses submission requirements and performance standards for residential care facilities, including correctional facilities. On April 16, 1990, by Ordinance 90 -09 the City Council amended the list of allowable uses in the ironing Ordinance to include "adult corrections facilities in operation as of November 20, 1989" as a Conditional Use in all residential zoning districts. This action was to correct an oversight in the 1989 Zoning Ordinance amendments that inadvertently left the facility as a nonconforming use. These applications are to amend the approved Master Plan for the Adult Correctional Facilities site to relocate the Women's Facility from the east see next page) Page Two File 90103 side (the present location) to the center of the site, and construct additional offstreet parking (114 new spaces) at the southeast corner of the site. A Conditional Use Permit amendment responsive to Section 9 of the Zoning Ordinance is part of the request. In addition, Hennepin County has applied for an amended Site Plan approval to construct a new 68 bed, 36,437 square foot Women's Residence adjacent to the exiting "Work /Study" facility; and, to construct a 114 stall offstreet parking lot south of the existing Men's Facility ". Notice of this Public Hearing has been published in the official City Newspaper, and all property owners within 1,320 feet of the Adult Corrections Facility Site have been notified, consistent with the provisions of Section 9, Subdivision E of The Zoning Ordinance. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The Conditional Use Permit application is responsive to the provisions of Section 9, Subdivision E of the Zoning Ordinance governing Conditional Use Permits for correctional facilities. This section of the ordinance contains submission requirements; processing procedures; and development standards /performance criteria in addition to those required for other Conditional Use Permits. Application materials submitted comply with the submission requirements of Section 9, Subdivision E, and the applicable development standards /performance criteria. 2. All Conditional Use Permits approved by the City of Plymouth must be found to meet six specific standards of Section 9 of the Zoning Ordinance. A copy of those standards is attached, together with the applicant's response to the standards. 3. The site is located in the Parkers Lake and Gleason Lake Storm Water Drainage Districts; contains no storm water drainage, flood plain or wetland features, but is partially within the Shoreland Overlay District of Parkers Lake. The Minnesota Department of Natural Resources has been notified of these applications and has concluded that all Shoreland regulations are complied with. The site does contain existing woodlands at the northwest corner, but no topography or slopes greater than 12 percent. The site is suitable for urban development with municipal utilities in place, as they are presently. Proposed development of the site is consistent with the features found in the Plymouth Physical Constraints Analysis. No constraints to development are found. 4. The Site Plan for the new Women's Facility structure and the parking lot at the southeast corner of the site has been reviewed for compliance with the Zoning Ordinance and other City of Plymouth policies, codes and ordinances regulating the design of such structures and site improvements. Specifically, the design of the parking and circulation is consistent with the standards of the Zoning Ordinance; trash containment will be internal to the principal structure; no rooftop mechanical units are proposed which would require screening; all setbacks of parking and structures are consistent with ordinance standards; and landscaping is consistent with the City of Plymouth Landscape Policy. see next page) Page Three File 90103 5. The appearance of the structure will be in harmony with the existing Work Release Facility, featuring decorative masonry broken with metal panels, architectural features, and color to break the mass of the structure. 6. Approximately 50 percent of the existing wooded area at the northwest corner of the adult corrections facility site will be graded and therefore lost" to the women's facility construction. Sixty to eighty feet of the existing wooded area along Vicksburg Lane and County Road 6 would remain following,grading required to construct the facility. 7. A berm would be constructed consistent with City deign standard parallel to Shenandoah Lane between the new parking lot in the southeast corner of the site and the driving surface of Shenandoah Lane. The berm would be approximately 6 feet in height, and intended to screen vehicle lights from Shenandoah Lane consistent with the Zoning Ordinance standards in that regard. 8. A berm is under construction consistent with City design standards parallel to Vicksburg Lane as work related to the County Road 6 improvement project. The berm is shown on the Site Plan to be completed with top soil and seeding. Berming and other methods of transitional screening for the ACF site were conditions of the Site Plan and Conditional Use Permit approved for the Work Release Facility in 1981. 9. The 1981 approval resolution also specified construction of additional offstreet parking north of the men's facility, and paving of the new parking within 3 years (by 1984_). The County has been repeatedly reminded of the prior condition during staff review of these applications. County representatives have informed staff that the existing gravel lot will not be paved until 1993 - 9 years beyond the condition established for the completion of that work in 1981. Paving of parking and circulation access is a Zoning Ordinance Standard, and no variance was, in 1981 or since then, applied for or approved. The paving requirement was, in fact, deferred by the 1981 action for 3 years, not added by the Conditional Use Permit. 10. Section 10, Subdivision C, Paragraph 9 provides that there shall be no more than one principal building on one lot. The existing adult corrections facility does not now conform with that standard by the location of two structures on the northerly tax parcel and four structures on the southerly tax parcel. The proposal to construct a new women's facility and raze the existing Women's Facility would result in a continuation of two structures on the northerly parcel, one of which will be new construction. A variance to Zoning Ordinance standards is required to accommodate two principal structures on a single parcel i.e., the new second structure. The Zoning Ordinance specifies 6 criteria that must Be complied with for a variance to be approved. A copy of those criteria is attached. 11. The application states the existing Women's Residence will be razed following completion of the new structure per this application. see next page) Page Four File 90103 PLANNING STAFF COMMENTS: 1. The variance to permit two principal structures on a parcel of record complies with the zoning ordinance variance criteria. Specifically the site and historical circumstances regarding multiple structures is unique for this site compared to others found in the community, based upon the campus" plan and ownership by a single governmental unit. 2. Both the development standard "2G" of Section 9, Subdivision E and Conditional Use Permit standards 2, 3 and 4 found in Section 9, Subdivision A, Paragraph 2a must be addressed regarding the plan to relocate the Women's Facility on this site from the previously approved existing location adjacent to Shenandoah Lane to the now proposed location west of the Work Release facility at the corner of County Road 6 and Vicksburg Lane. Will the use continue to comply with the ordinance standards with the new plan for the Women's Facility in the same manner as it did with the previously approved Master Plan? 3. The Adult Correction Facility site is predominantly cleared of trees. The only significantly forested portion of the site will be reduced by construction of the Women's Residence. Staff has asked the County staff during DRC review, and continues to ask if some other portion of the site, where there are no existing trees, might be as suitable for the Women's Residence. 4. We find the change of location for the Women's Residence proposed by the new Master Plan to be in compliance with the Conditional Use Permit standards found in both Section 9, Subdivision A and Section 9, Subdivision E of the Zoning Ordinance. The structure will be located approximately 180 feet from the Vicksburg Lane property line, over three times the setback requirement of the Zoning Ordinance for structures abutting a thoroughfare street. Also, a minimum of 60 feet of the existing mature forested area at the northwest corner County Road 6 and Vicksburg Lane will remain after grading and construction activity related to the proposed Women's Facility construction. Based on these site locational factors and the fact that the use is proposed to be reduced from 75 beds to 68 beds compared to the already approved Conditional Use Permit we find amendment of the Master Plan and a Conditional Use Permit to be consistent with the Zoning Ordinance standards. 5. Hennepin County has not completed improvements in compliance with conditions approved concurrent with the 1981 approval resolution for the Work Release facility regarding offstreet parking. The gravel parking area north of the existing men's residence was constructed responsive to see next page) Page Five File 90103 the condition of the Conditional Use Permit, but was never surfaced with a dust -free material within the three year period as was also part of the condition. Compliance with the conditions of a previous approval should be a prerequisite to commencement of new construction on the site. No variance from the ordinance standard for parking lots was requested or granted. This lot should be finished before the new one is even graded. RECOMMENDATION: I hereby recommend adoption of the attached resolution which provides for the approval of a Master Plan and Conditional Use Permit amendment, Site Plan approval for the construction of 36,437 square foot Women's Residence and 114 car parking area consistent with the Master Site Plan for the Hennepin County Adult Corrections Facility which is part of the Conditional Use Permit. Also approved by the resolution is a variance to locate two principal structures on one parcel. Conditions are recommended in the approval resolution regarding compliance with the previous Conditional Use Permit regarding the surfacing of offstreet parking. Submitted by: ATTACHMENTS: 1. Resolution Approving Site Plan and Variance 2. Resolution Approving Amended Conditional Use Permit 3. Engineer's Memo 4. Petitioner's Narrative 5. Amended Master Plan 6. Approved Master Plan 7. City Council Resolution 81 -141 8. City Council Resolution 83 -48 9. Location Map 10. Site Plan 11. Architectural Elevation 12. Landscape Plan APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR HENNEPIN COUNTY FOR A CORRECTIONAL FACILITY. (90103) WHEREAS, Hennepin County has requested approval for an Amended Conditional Use Permit to Hennepin County for a Correctional Facility for property located at the southeast corner of County Road 6 and Vicksburg Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Hennepin County for an Amended Conditional Use Permit for a Correctional Facility for property located at the southeast corner of County Road 6 and Vicksburg Lane, subject to the following conditions: 1. Development of the site shall be in compliance with the Concept Master Plan dated December, 1989. (Graphics Dated November 7, 1989) 2. Compliance with the provisions of Section 9, Subdivision E of the Zoning Ordinance. res /pc /90103.cup:dh) APPROVING A SITE PLAN FOR A NEW WOMEN'S FACILITY AND PARKING LOT AND VARIANCE TO PERMIT TWO PRINCIPAL STRUCTURES ON A PARCEL OF RECORD FOR HENNEPIN COUNTY AT THE ADULT CORRECTION'S FACILITY (90103) WHEREAS, Hennepin County has requested approval for a Site Plan for a new Women's Facility and parking lot and a Variance to permit two principal structures on a parcel of record for property located at the southeast corner of County Road 6 and Vicksburg Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Hennepin County for a Site Plan for a new Women's Facility and parking lot and a Variance to permit two principal structures on a parcel of record for property located at the southeast corner of County Road 6 and Vicksburg Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication of the new construction 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. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 7. All waste and .waste containers shall be stored within the principal structure and no outside storage is permitted. 8. An 8h x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 9. A variance is approved to permit two principal structures on single parcel of record (PIN 28 -33 -0003) based on compliance with the Zoning Ordinance Variance Criteria. 11. Completion of curb /gutter and asphalt surfacing of the previously approved parking area north of the Men's Facility prior to issuance of building or grading permits for improvements hereby approved. res /pc /90103.sp.var:dh) City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: June 19, 1991 FILE NO.: 90103 PETITIONER: Mr. Dan Young- Dickson, Hennepin County, A -2303 Government Center, Minneapolis, MN 55487 -0228 SITE PLAN: HENNEPIN COUNTY /ADULT CORRECTIONAL FACILITY LOCATION: South of County Road 6, east of Vicksburg Lane, west of Shenandoah Lane in the southwest 1/4 of Section 28 and the northwest 1/4 of Section 33. ASSESSMENT RECORDS: 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. . Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None. 5. Other additional assessments estimated: Hennepin County shall be responsible for one -half the cost of a 36 foot wide 7 -ton street when Shenandoah Lane is imRroved. LEGAL/EASEMENTS /PERMITS: N/A Yes No 6. _ X _ Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. N/A Yes No 7. _ X _ Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 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 requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. N/A Yes No 10. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR X Bassett Creek MN DOT X Minnehaha Creek X Hennepin County Elm Creek MPCA Shingle Creek State Health Department Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ X Complies with Storm Drainage Plan - The site plan will be 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: N/A Yes No 14. _ X _ Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. _ X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. _ _ X Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. X 18. X 19. X N/A Yes No 20. X 21. X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and All existing street right -of -ways are required width - Additional right -of -way will be required on Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. Storm sewer is not available on the east side of the site 4- N/A Yes No 22. X 23. X STANDARDS: N/A Yes No 24. X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used whereitisnotnecessarytocontroldrainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. Complies with parking lot standards - The City will require that all traveled areas within the parkinglot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches ofClass5100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. It will be necessary to contact Bob Fasching, the City's utilityforeman, 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 theCity's right -of -way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 5- 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Item Nos. 12 and 16. Submitted by: -4f Daniel L. Faulkner, P. E. City Engineer FTPROPERTY MANAGEMENT A -2208 Government Center HENNEPIN Minneapolis, Minnesota 55487 -0228 i U May 15,1991 Mr. Chuck Dillerud Community Development Coordinator 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Chuck: As we discussed earlier we are forwarding to you final submission documents for your consideration regarding the Condition Use Permit for the Adult Corrections Facility. Listed below are the documents in this submission. 1. Rendering of Women's Section Building. 2. Plan of Project D, new parking lot and lighting diagram. 3. Women's Section Building drawings and site plans. 4. Letter written to you regarding the indicated uses of the Women's Section building. 5. Letter written to you regarding verification of comparable facilities licensed in the State of Minnesota. 6. Letter to you regarding emergency telephone numbers and addresses for the Adult Corrections Facility. I trust that the above is sufficient for you to begin processing of the Conditional Use Permit. Should you have any questions or require further information, please feel free to give me a call. SA;6cerely, Roge"PZ Martinsd`J Archit t-Proje Manager RM:mw HENNEPIN COUNTY an equal opportunity employer DATE: May 8, 1991 TO: Mr. Chuck Dillerud, Community Development HENNEPIN Coordinator, City of Plymouth Ij FROM: Sigmund L. Fine, Director, Adult Corrections Department SUBJECT: Emergency Telephone Numbers - Adult Corrections Facility Management Per your request, please be advised of the following: NAME /TITLE HOME TELEPHONE Sigmund L. Fine 612 - 553x0564 Director Adult Corrections Department 5278 No. Ximines Lane Plymouth, MN John Skavnak 612 - 566 -6911 Manager Men's Section 4117 No 79th Lane Brooklyn Park, MN 55443 Harry Lichy 612- 926 -7534 Manager Work Release /Women's Section 4908 Hibiscus Ave Edina, MN 55435 Rosemary Madison 612 - 522 -5475 Manager Administration &Support Services 1939 Washburn Ave. No. Mpls. MN 55411 C C_ w DATE May 8, 1991 TO: Mr. Chuck Dillerud, Community Development HENNEPIN Coordinator, City of Plymouth FROM: Sigmund L. Fine, Director, Adu Corrections Department SUBJECT: Requested Verification This is to advise that there are no facilities comparable to the Adult Corrections Facility licensed by the State of Minnesota within 1,320 feet of the Adult Corrections Facility. U= 1r - r G F-71- Armstrong Torseth Skold and Rydeen Inc. May 3, 1991 Mr. Charles E. Dillerud Community Development Coordinator City of Plymouth Community Development Department 3400 Plymouth Boulevard Plymouth, MN 55447 RE: New 68 -Bed Women's Correctional Facility Plymouth, Minnesota Project #84034.8 Dear Mr. Dillerud: Hennepin County is applying to the City of Plymouth for a conditional use and site plan approval to construct a new 68 -bed, 36,150 square foot Women's Correctional Facility on County -owned property connected to the west side of the existing Work Study Release Building in the City of Plymouth. The new facility will comply with the 1990 Minnesota State Building Code and the 1988 Uniform Building Code involving all local codes and ordinances. On site services and treatment at the correctional facility are for residents only and will not be used for non - residents or persons outside the facility. The exterior of the new facility will be articulated with a combination of metal standing seam and batten roofing materials and a stucco -like wall finish, similar to the Work Study Release Building. The scale and character of the new facility will be non - institutional in appearance and consistent with the existing two -level Work Study Release Building and other neighboring buildings. The new facility will continue the warm beige stucco appearance and the gray sloped metal roofs. A red accent color will be used at the exterior columns, entrances, screen walls and the connecting link similar to the red color used on the Work Study Release Building's exposed exterior columns. These exterior building materials and colors will be harmonious with the existing building and other buildings in the neighborhood. May 3, 1991 Mr. Charles E. Dillerud Page Two A graded berm and open space on the south and west side of the site and a natural wooded area and berm on the northwest corner of the site provide privacy and an appropriate transition from neighboring property. Parking will comply with City standards and zoning ordinances. The existing building signage will be modified and will not exceed 21 square feet in size. The new facility will be provided with enhanced security designed into the exterior windows, doors and building perimeter. The building shape creates an outdoor activity area which utilizes the building for security on three sides and a 12 foot high non - climbable fence on the open side. Access to the site will remain off Shenandoah Lane from the east. The existing entrance and access driveway for the Work Study Release Building will remain and also provide access to the new facility entrance and parking area. A continuation and upgrading of the existing fire lane provides a loop around both buildings and provides easy access for emergency and county vehicles. Attached is a zoning ordinance comparison sheet for your review. We are hopeful that the Conditional Use and Site Plan Review Applications will be considered at the new Planning Commission Meeting. Sincerely, Kenkrabow Project Architect KEG:bg cc: Robert Martinson, Hennepin County Property Management Dan Young- Dixon, Hennepin County Property Management Harry Lichy, Hennepin County Adult Corrections Facility ARMSTRONG, TORSETH, SKOLD AND RYDEEN, INC. ARCHITECTS/ENGINEERS WOMEN'S CORRECTIONAL FACILITY HENNEPIN COUNTY ADULT CORRECTIONAL FACILITY ZONING. ORDINANCE REVIEW ACTUAL USE CLASSIFICATION RIA BUILDING AREA LOWER LEVEL 1,120 MAIN LEVEL 29,370 UPPER LEVEL 5,660 TOTAL 36,150 LOT AREA PROJECT 4.55 AC 3 AC MIN. TOTAL A.C.F. 60 AC Approx. LOT COVERAGE 14.8% 20% MAX. BUILDING SETBACK FRONT YARD 380 FT - From East 50 FT Property line to . Existing Work Release Building SIDE YARD 177 FT - From North 30 FT Property Line REAR YARD 168 FT - From West 40 FT Property Line BUILDING HEIGHT 24 FT 35 FT MAX. NUMBER OF STORIES 2 3 MAX. PARKING STAFF AND VISITOR 24 Cars NAMEPLATE SIGN 21 SF 32 SF 0 Sf D 1991 MASTER PLAIN Z W W W 0 U) W W NORTH R' 0n 0 Z LU J N f 1982 MASTER `PLAN ' EXHIBIT A pt) - l L \;i } `y• Facilities i lomen OnlyCL Facilities 1 w • v\ \ _; P 1 Men Only i='= • - Joint -Use Fac i 1 i ty Proposed Wo 41—W fits C, Services Unit Gym- Em- - F J Henrepin County Adult Corrections Facility Conceptual Long Range Master Plan MAY 1982 o so 1W 150 aa• r CITY OF PLYMOUTH Pursuant to due call and notice thereof, a re user meeting of the City Council of the City of Plymouth, Minnesota, was nTTo- a 2nd day of Mar h , 1981 . The following members were present: Mayor Davenp ort, CouncfTmeembers Hoyt, Neils, Schneider b Threinen owing memDers were assent: None ft• Councilmember Neils introduced the following Resolution and moved Its adoption: RESOLUTION NO. 81 -141 APPROVINu CONDITIONAL USE PERMIT /SITE PLAN FOR HENNEPIN COUNTY FOR WORT: /STUDY Z£LEASE RE.'IDENCE FACILITY AT SOUTHWEST QUADRANT OF COUNTY ROAD 6 AND SHENANDOAli LANE (8006) WHEREAS, Hennepin County has requested approval of a conditional use permit and site plan for an institutional use in the R -1A District consisting of a work/ study release program residence facility on the site of the Hennepin County Adult Corrections Facility at the southwest quadrant of County Road 6 and Shenandoah Lane; and. WHEREAS, the Planning Commission has considered the request at two duly called Public hearings; 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 of Hennepin County for a conditional use permit and site plan approval for in institutional use in the R -1A Zoning District consisting of an approximate 29,574,square foot work /study release program residence facility subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. The permit is subject to all applicable codes, regulations and ordinances, particularly regarding maximum occupancy and security, and violation thereof shall be grounds fer revocation; the permit shall be reviewed annually. 3. Cumpliance with City Code requirements as to fire lanes and fire hydrants, including submittal of detailed plans regarding fire lane around the proposed building. 4. Submittal of a Resolution of Compliance, adopted by the Hennepin County Board, guaranteeing completion of approved site improvements within 24 months. 5. Any additional construction and expansion shall be subject to ordinance conditional use and site plan approval requirements. 6. The historical cabin at the north end of the site shall not be disturbed in any way snd shall be preserved. S r. Resolution No. 81 -141 Page 2 7. Existing parking deficiencies and problems at the south end of the site shall be resolved by: A. Installation of 20 parking spaces in front of the existing men's residence; this area shall be per City ordinance setback, paving, curbing, and landscaping requirements; no variances are granted. B. Installation of 7 parking spaces to the rear of the existing men's residence for use of service personnel, C. Installation of an 80 space parking area to the north of the existing men's residence; approval of a variance to allow the use of aggregate surfacing without curb for temporary overflow parking lot for a period not to exceed 3 years. 8. The overall general development plan shall include any proposed changes, together with a time schedule, which shall be prepared and submitted within 12 months of conditional use permit /site plan approval and including projected type and number of prisoners and a permanent solution to existing deficiencie" including transitional landscaping, buffering and berming and removal of the greenhouse. 9. Hennepin County, together with the City of Plymouth, shall convene a public informational meeting prior to the Planning Commission public hearing and notice shall be given, by mail, to all residents within 500 feet, presidents of homeowners associations in the area, and to all those who have appearej at the Planning Commission public hearing and this Council meeting. The motion for the adoption of the foregoing Resolution was duly seconded by Co n ilmember Threinen , and upon vote being taken thereon, the following voted in favor thereof: Mayor Davenport, Councilmembers Hoyt, Neils. Schneider 6 Threinen The following voted against or abstained: None Whereupon the Resolution was declared duly passe an a opte r f t r CITY OF PLVNDM Pursuant to due call and notice thereof, a rul r amptinp of the City Council of the City of Plymouth, Minnesota, was held on the 83T7thdayofJanuaryigP. The following members were present: Mayor Davenport. CounciImembers b1! en;-iTeiTs, Arhnpidpr and Threinen The following members were sent: none y Cn,mrilmpmhpr Moen -introduced the following Resolution and moved its adoption: RESOLUTION NO. 83- 4E APPROVAL FOR HENNEPIN COUNTY CENER DEVELOPMENT /CONCEPT PLAN FAR THE HENNFPIN C(AINTY ADULT CORRECTIONS FACILITY (80066) WHEREAS, the City Council directed in their Resolution Mo. 81 -141 that a Public Informational Hearing be conducted by Hennepin County; and, WHEREAS, on July 27, 1982 such Public Informational Hearing was conducted; and, WHEREAS, the Planning Commission has conducted a duly called Public Hearino and recommends approval of the Concept Plan for Hennepin County Adult Corrections Facility: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMnIITH, MINNESOTA, that it should and hereby does approve the Conceptual Master Plan for the Hennepin County Adult Corrections Facility subject to the followina condition: 1. That future development shll be subject to the approved Conceptual Master Plan. 2. That page 69 Objective 3 of the Master Plan narrative be changed to read "to Indicate consideration of berming and /or landscaping compatible with perimeter security ", and on page 139 Section E. paragraph 1, be modified to add: "to accommodate berming and /or landscaping for transition to the perimeter of the property where appropriate ". 3. That a Landscape Plan be developed, with the City's assistance, for the west and south boundaries of the property. 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Y I N 5•C• CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 11, 1991 COMMISSION MEETING DATE: June 26, 1991 FILE NO.: 91011 PETITIONER: Bruce Biederman REQUEST: CONDITIONAL USE PERMIT FOR A HOME OCCUPATION FOR SMALL ENGINE REPAIR LOCATION: 4115 Fernbrook Lane North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential District) BACKGROUND: There are no applications on file in the Community Development Department regarding this parcel. 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 application results from a zoning violation citation issued by the City of Plymouth on October 11, 1990. At least three signs along Fernbrook Lane advertised a small engine repair business and, a large accumulation of lawnmowers, snowblowers, and similar equipment was observed in the driveway of the residence. The applicant was directed to cease all repair of this type of equipment at his home, and make application for a Conditional Use Permit for a Home Occupation if it was his intention to continue this business. 2. Section 4 (Definitions) of the Plymouth Zoning Ordinance specifies two activity levels of "Home Occupation" allowable in residential zoning districts. Home Occupations that require equipment other than that customarily found in the home, such as is the case with repair of small engines and related equipment, requires a Conditional Use Permit. The definition of Home Occupation, special provides a number of standards that must be maintained. We have attached to this report copies of the Zoning Ordinance Home Occupation definitions. 3. The applicant proposes to use his garage for the repair of small engine powered equipment. In his letter the applicant describes the type of equipment he proposes to repair, and states that "a small portion of the driveway" would be used as well. The petitioner also states that he rarely needs to run power equipment that he repairs. see next page) Page two File 91011 4. Section 9, Subdivision A of the Zoning Ordinance provides six standards that must be found by the Planning Commission in its recommendation to the City Council, and the City Council in this decision concerning a Conditional Use Permit. The applicant, in his letter provides responses to those standards. A copy of the applicant's letter and the Zoning Ordinance standards for a Conditional Use Permit are attached. 5. The applicant's garage is secondary to the principal residential use of the site. PLANNING STAFF COMMENTS: 1. A common problem with small engine repair activity is noise. Test running of engines before and after repair would seem to be unavoidable by the definition of the task. To meet the fire code requirements regarding structure occupancy, outdoor handling of fuel is mandatory. In addition, the applicant makes reference to outside storage of items to be repaired. 2. Without on -site testing of the equipment being repaired concerns with noise associated with this activity can be overcome. A clear enforcement parameter should be established. Staff can only recommend this Conditional Use Permit for approval with a prohibition on test running. 3. In addition to violating the definition of "Home Occupation ", perceptible noise would be inconsistent with the Conditional Use Permit standard related to the "use and enjoyment of other property in the vicinity for purposes already permitted... ". The permitted existing use of other property is single family residence. We cannot perceive how testing, other than an entirely enclosed structure, would not be perceptible to residential properties adjacent to this site. 4. The applicant proposes that repairs would be confined to the garage and a small portion of the driveway... ". Permitting the use to extend beyond the limits of the garage structure both introduces a site appearance inconsistent with single family residence district in which the site is located, but also compounds the potential problem with respect to noise associated with the repair activity. In addition, no specification is proposed with respect to the degree of outdoor extension of the use. Once the use extends beyond the structure, enforcement of the scale of operations will become nearly impossible. Staff cannot recommend approval of a Conditional Use Permit for a Home Occupation where the activity related to that occupation extends outside structures on the site. 5. We find the application as presented does not respond to the six Conditional Use Permit standards that all Conditional Use Permits are required to respond to. We find specifically that the proposed use will injurious to the use and enjoyment of other property in the immediate vicinity; may be detrimental to the public comfort and health; and, may impede the normal and orderly development and improvement of surrounding property. This finding is see next page) Page Three File 91011 based primarily on the probability that noise from the repair of the products will be discernible beyond the property lines residential appearance of the site resulting from outdoor equipment related to the Home Occupation. RECOMMENDATION: I recommend denial denial is attached regard to proposed and testing and the non - storage of of the application as presented. A draft resolution of which provides findings consistent with staff comments with use. There may be circumstances under which the proposed Conditional Us a Home Occupation could be approved. Should the applicant be abl his Home Occupation with those conditions - primarily related to the use within existing structures and elimination of noise - a Use Permit could be found to be consistent with the Conditional standards. I have attached a draft resolution of approval conditions that would result in the Home Occupation maintaining with both the definition of "Home Occupation" and Conditional standards of Section 9 of the Zoning Ordinance. Submitted by: ATTACHMENTS: e Permit for e to operate retention of Conditional Use Permit containing consistency Use Permit s -E. Dillerud, Cominun ity Development Coordinator 1. Resolution Denying Conditional Use Permit for a Home Occupation 2. Resolution Approving Conditional Use Permit for a Home Occupation 3. Petitioner's Communication 4. Location Map 5. Zoning Ordinance Definitions of Home Occupation 6. Conditional Use Permit Standards pc /jk /91011:dh) ti DENYING CONDITIONAL USE PERMIT FOR BRUCE BIEDERMAN FOR A HOME OCCUPATION FOR SMALL ENGINE REPAIR. (91011) WHEREAS, Bruce Biederman has requested a Conditional Use Permit for a Home Occupation for small engine repair for property located at 4115 Fernbrook Lane North; 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 Bruce Biederman for a Home Occupation for small engine repair for property located at 4115 Fernbrook Lane North, based on the following findings: 1. The noise associated with the use related to the testing and repair of small engines will be injurious to the use and enjoyment of other property in the immediate vicinity. 2. The noise and engine exhaust related to the use will be detrimental to the public comfort and health. 3. The noise related to the proposed use and the storage of the equipment outdoors, as proposed, will impede the normal and orderly development and improvement of the surrounding property. res /pc /91011.cup.ho.d:dh) It APPROVING CONDITIONAL USE PERMIT FOR BRUCE BIEDERMAN FOR A HOME OCCUPATION FOR SMALL ENGINE REPAIR. (91011) WHEREAS, Bruce Biederman has requested a Conditional Use Permit for a Home Occupation for small engine repair for property located at 4115 Fernbrook 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 Bruce Biederman for a Home Occupation for small engine repair for property located at 4115 Fernbrook Lane North, subject to the following conditions: 1. On -site operation of internal combustion motors related to the repair and testing shall be prohibited, unless conducted in a fully enclosed structure meeting all fire code standards for handling of flammable liquids and other codes relative to ventilation. 2. All repair and storage shall be limited to the garage structure at all times. No outside storage, repair or testing is permitted. 3. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 4. The permit is issued to Bruce Biederman for the facility at this tie, and shall not be transferable. 5. There shall be no signage allowed on the property relative to the use. 6. The permit shall be renewed annually to assure compliance with the conditions. 7. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to permit issuance. res /pc /91011.cup.ho.a:dh) A BRUCE BIEDERMAN 4115 Fernbrook Lane North Plymouth, MN 55446 612) 557 -0369 February 1, 1991 Dear Members of the Planning Commission: It is my feeling that establishing a small repair company (lawn movers, snow blowers, log splitters, roto tillers, etc.) will enhance the public welfare. I am able to perform the repairs knowledgeably and at savings to the general public. As for the effect on the health and safety of others, there is no effect as I do not do repairs while you wait. As you know, these are not loud, and I rarely need to run them. There would be no injurious effect on any other property as all repairs would be confined to the garage and a small portion of the driveway. Property values would not be effected because this business does not require a lot of stock sitting around. The establishment of the Conditional Use Permit would not impede the use of surrounding properties for normal and orderly development. There is more than adequate parking available in my driveway for up to six cars. However, in performing this business previously, I seldom had more than one and never more than two cars at once. There are two doors on the front of the garage. One is a drive through door, and one is a walk through door. I feel that with my professional skills, I can be an asset to the neighborhood and to the community. Thank you very much for your time and consideration. Sincerely, BRUCE BIEDERMAN i i a e rs P1. PLYMOUTH ZONING ORDINANCE I. Section 4, Subdivision B building or portion thereof, exclusive of vent shafts and courts Garage -- A building or portion thereof in which a motor vehicle taining gasoline, distillate or other volatile, flammable liquid its tank, is stored, repaired or kept. Garage, Private -- A building or portion of a building not re than 1,000 square feet in area, in which only motor vehicles d by the tenants of the building or buildings on the premises are stor or kept. Garage, Public Parking -- Any garage other than a p ate garage. Garbage -- Animal and vegetable wastes and other astes or putrescible matter including but not limited to grease, wr pings, shells, grounds, bones, entrails, and similar materials result' g from the handling preparation, cooking, service and consumption of fo and other animal wastes. (Amended Ord. 87 -31) Gasoline Service Station -- Any buil g or premises used for the dispensation, sale or offering for sale at r it of any motor fuels, oils or lubricants. When the use is i/-- report he conduct of a public garage, the premises are classified as age. General Development Plrt in text and map form with the map drawn to scale depicting location and relationship of structures, streets, drivewayn areas, parking areas, utilities, etc. as related to a prop ent. Grade (Adjacent Gr d Elevation) -- The lowest point of elevation of the finished surf a of the ground between the exterior wall of a building and a point 5 f t distant from said wall, or the lowest point of elevation of the finis surface of the ground between the exterior wall of a building and the gFoperty line if it is less than 5 feet of a public sidewalk, alley or othpjFpublic way, the grade shall be the elevation of the sidewalk, alley public way. Guest Ro -- Any room or rooms used, or intended to be used by a guest for sl ping purposes. Hei of Building -- The vertical distance from the "Grade" to the highest point of the coping of a flat roof or to the _deck line of a mansard roof or 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, on* the employment of persons on the premises other than those customarily residing on the premises. (Ord. 88 -37) 4 -7 Home e OWN> PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B 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 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) gs within the meaning of Minnesota Statute Chapter 144.50. (Ord. 89 -3 Hotel (Motel) -- Any building or portion thereof where lodging i re offered to transient guests for compensation and in which there a a than three 3) sleeping rooms, with no cooking facilities in an in idual room or apartment. Impervious Surface -- Surfaces that do not absorb watgoF 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 ded or salvaged materials are brought, sold, exchanged, stored, cleaned acked, disassembled or handled, including, but not limited / ve* 1, rags, paper, rubber products, glass products, lumber produts resulting from the wrecking or salvage of automobiles or otLandReclamation -- Depositing fi c yards or more of material so as to elevate the grade. Limited Access Highw/ thich fic -way, including toll roads, for through traffic, in res owners or occupants of abutting property or lands and other e no legal right of access to or from the same, except at such and in such manner as may be determined by the public authority sdiction over the traffic -way. Loading Space - -t portion of a lot or plot designed to serve the purpose of loading or loading for all types of vehicles. Lot -- One it of a recorded plat or subdivision occupied or to be occupied by a b ' ding and its accessory buildings and including as a minimum such open s es as are required under this Ordinance and having frontage on a public 4 -8 r FR M SE' MCN 9, St13DMSICN A 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 recatmendation 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) Campliance with and effect upon the Ccuprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will pratate 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 I 4 i 5•D• CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 11, 1991 COMMISSION MEETING DATE: June 26, 1991 FILE NO.: 91040 PETITIONER: Mark McAlister REQUEST: CONDITIONAL USE PERMIT FOR HOME OCCUPATION TO REPAIR AND RESELL TELEPHONE EQUIPMENT LOCATION: 1870 Troy Lane North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: FRD (Future Restricted Development District) BACKGROUND: There are no applications on file in the Community Development Department regarding development action on this parcel. The applicant proposes to use a portion of his existing home as a office /repair facility for telephone equipment. 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. This application is the result of a complaint received by the City, concerning observed delivery service traffic on a regular basis in a residential zone. Following inquiry by staff as to the nature of the activity at this location it was determined that the activity constituted a zoning violation since no Conditional Use Permit for a Home Occupation had been issued. The property owner was advised to cease the business activities that provided the need for the Conditional Use Permit and make application for a Home Occupation Conditional Use Permit if it was his intention to continue in the future with that element of his business. 2. Section 4 (Definitions) of the Plymouth Zoning Ordinance specifies two activity levels of "Home Occupation" to be allowable in residential zoning districts (see attached). Home Occupations requiring employment of persons on the premises other than those customarily residing on the premises or stock -in -trade incidental to the performance of the service both of which are specified for the proposed use at this location) require a Conditional Use Permit. Home Occupations not requiring these and other specified characteristics are permitted uses in all residential zoning districts. see next page) Page Two File 91040 f 3. The area of the house proposed to be used for the Home Occupation will be 414 square feet, substantially less than half of the combined area of the house, garage and utility area. The proposed use is secondary and incidental to the single family residence use of the structure. 4. The parcel upon which the Conditional Use Permit for a Home Occupation is proposed is located near the end of a private drive of over 2,000 feet in length serving 16 homes. This residence is over 2,000 feet from a public street. The private drive is not constructed to City street specifications in terms of width and completed cross - section, but is paved over its entire length. This private street is maintained by the homeowners. 5. The Zoning Ordinance provides six standards to be met for approval of am Conditional Use Permit. A copy of the standards is attached together with a letter from the applicant dated May 8, 1991 in which he provides evidence of his compliance with the standards, and describing his intended use. PLANNING STAFF COMMENTS: 1. We find the proposed Home Occupation use to be secondary and incidental to the primary residence use of this parcel based on the area proposed to be occupied by the use. 2. We find the proposed use to be clearly a "Home Occupation Conditional" based on the employment of one person not a member of the immediate family and the keeping of stock -in- trade. 3. The parcel upon which the Conditional Use is proposed is over 2,000 feet from a public street and served by a narrow private drive providing the only access to 15 other residences. We find the proposal introduces nonresidential traffic related to the Conditional Use Home Occupation which is inconsistent with the Conditional Use Permit standards related to the endangering of the public health, safety and comfort; and, be detrimental to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. (residential only) RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for the denial of the Conditional Use Permit for a Home Occupation based on findings that the Conditional Use Permit standards are not met. see next page) Page Three File 91040 I have also attached, per commission practice, a resolution providing for the approval of the Home Occupation Conditional Use Permit subject to the standard conditions for such permits. Should the Commission find approval of the Conditional Use Permit is appropriate, an additional condition should be considered to limit the amount of nonresidential traffic permitted say, so many deliveries per week during specified hours. Submitted by: ar17 -E. Dillerud, t7nfmunity Development Coordinator ATTACHMENTS: 1. Resolution Denying a Conditional Use Permit for a Home Occupation 2. Resolution Approving a Conditional Use Permit for a Home Occupation 3. Petitioner's Narrative 4. Conditional Use Permit Standards 5. Home Occupation Definitions 6. Location Map pc /jk /91040:dh) 9 DENYING CONDITIONAL USE PERMIT FOR MARK MCALISTER FOR A HOME OCCUPATION TO REPAIR AND RESELL TELEPHONE EQUIPMENT. (91040) WHEREAS, Mark McAlister has requested a Conditional Use Permit for a Home Occupation to repair and resell telephone equipment for property located at 1870 Troy Lane North; and, WHEREAS, the Planning Commissjon 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 Mark McAlister for a Home Occupation to repair and resell telephone equipment for property located at 1870 Troy Lane North, based on the following findings: 1. The nonresidential pickup /delivery traffic generated will endanger the public health, safety, and comfort in the neighborhood that is only served by a private street of substandard design. 2. The use will be detrimental to the use and enjoyment of other property in the immediate vicinity for the residential purposes already permitted by the introduction of nonresidential traffic. res /pc /91040.cup.ho.d:dh) i APPROVING CONDITIONAL USE PERMIT FOR MARK MCALISTER FOR A HOME OCCUPATION TO REPAIR AND RESELL TELEPHONE EQUIPMENT. (91040) WHEREAS, Mark McAlister has requested a Conditional Use Permit for a Home Occupation to repair and resell telephone equipment for property located at 1870 Troy 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 Mark McAlister for a Home Occupation to repair and resell telephone equipment for property located at 1870 Troy 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 this property for the proposed use and shall not be transferable. 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 in one year to assure compliance with the conditions. 6. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to permit issuance. 7. All parking shall be off - street in designated areas which comply with the Zoning Ordinance. 8. Pickup and delivery trips related to the approved use shall be limited to trips per , and shall be within the hourse of and res /pc /91040.cup.ho.a:dh) d VA-10 aey vz to cuee WMI wl.G L&;+ b,,.......R. • /. eel -a,a /.ae.` we ia.e n.o o% -e4u,Co 40A" aLL- sc:L) U eo- t s %iw y Cau A obC %n SSy 7 7j-W 7j - c/ 00 Cam) w fw- ez U-r— yvt,,` ,,tio cc.2 Gc. v 7ws AZA 7 A, 400-" two AAI- lio C t rkt a,L w.n. 9 i C"dZv-m uJ)tt-eu au ccf -!.Q F6-x-O Aluc e—Xt/Zc AAJa fA4-4 LAA- a ,7- , 0,,J ouh. u, - VJ / of' /lam v- e- "- a,...P cti w e c164 c4e- ll wkt-c,k m-'ac d OA J a uA.o- ¢.Cueo . J C> elf -- I c 1 J I ko W x 77 3 O a a M LZ.+- Q 1 All r aD 44 J n h 3 I I 2 t i 3 I I I t • •• v ••. FKM SFX.TICN 9, S[EDIVISICK A 2. gam. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evaluation against the standards of this section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and fir property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvemrent 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 building or portion t PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B reolusive of vent shafts and cour a Garage -- A building or portion thereof in which a motor vehicle ntaining gasoline, distillate or other volatile, flammable liqui n its tank, is stored, repaired or kept. Garage, Private -- A building or portion of a building no more than 1,000 square feet in area, in which only motor vehicles sed by the tenants of the building or buildings on the premises are stor or kept. Garage, Public Parking -- Any garage other than a p ate garage. Garbage -- Animal and vegetable wastes and /othher stes or putrescible matter including but not limited to grease, ings, shells, grounds, bones, entrails, and similar materials resurom the handling preparation, cooking, service and consumption of fo other animal wastes. (Amended Ord. 87 -31) Gasoline Service Station -- Any buildin r premises used for the dispensation, sale or offering for sale at re of any motor fuels, oil's or lubricants. When the use is incidental to onduct of a public garage, the premises are classified as a public gar General Development Plan -- A r rt in text and map form with the map drawn to scale depicting the gen al location and relationship of structures, streets, driveways, rec tion areas, parking areas, utilities, etc. as related to a proposed d elopment. Grade (Adjacent Ground E ation) -- The lowest point of elevation of the finished surface o he ground between the exterior wall of a building and a point 5 feet di ant from said wall, or the lowest point of elevation of the finished su ce of the ground between the exterior wall of a building and the proper line if it is less than 5 feet of a public sidewalk, alley or other pub c way, the grade shall be the elevation of the sidewalk, alley or pu is way. Guest Room /--nrypr*oom or rooms used, or intended to be used by a guest for sleepi oses. Height g Building --'The vertical distance from the "Grade" to the highest p t of the coping of a flat roof or to the deck line of a mansard roof or 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 wow> 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) 4 -7 1 PLYMOUTH ZONING ORDINANCE 4. Section 4, Subdivision B 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 n one time of not more than one personemploymentonthepremises, at any P 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 for thenotmorethantwoparkingspacesinadditiontospacesrequired 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) within the meaning of Minnesota Statute Chapter 144.50. ZthanHotel (Motel) -- Any building or portion thereof where lodg to transient guests for compensation and in which there ree 3) sleeping rooms, with no cooking facilities in an or apartment. Impervious Surface -- Surfaces that do not absorb wate They consist of all buildings, parking areas, drivewa s, roads, si alks, and any areas of concrete asphalt. (Amended Ord. 89 -02 Junk Yard -- Land or buildings where wZucts d or salvaged materials are brought, sold, exchanged, stored, ed, disassembled or handled, including, but not limited to scgs, paper, rubber products, glass products, lumber products ansulting from the wrecking or salvage of automobiles or other ve Land Reclamation -- Depositing fif 50) cubic yards or more of material so as to elevate the grade. Limited Access HighZ-- A ffic -way, including toll roads, for throu gh traffic, in reich owners or occupants of abutting property or lands and otheve no legal right of access to or from the same, except at such and in such manner as may be determined by the public authori risdiction over the traffic -way. Loading Space What portion of a lot or plot designed to serve the purpose of loading unloading for all types of vehicles. Lot -- unit of a recorded plat or subdivision occupied or to be occupied by ilding and its accessory buildings and including as a minimum such open paces as are required under this Ordinance and having frontage on a public 4 -8 64 Voil 40vC.I /:14 INE2VINI., : Mr. & Mrs. Richard C. Klein 1840 Troy Lane Plymouth, MN 55447 June 19, 1991 Richard G. Plufka Chairman, Planning Commission City of Plymouth 4095 Terraceview Lane Plymouth, MN 55447 JUN 21 -- QTY #; RE: Request by Mark McAlister, under File 91040, for a Conditional Use Permit for a Home Occupation for the resale and repair of telephone equipment located at 1870 Troy Lane Dear Mr. Plufka: We will be out of town on June 26th and are writing this letter to state our objection to the above referenced request for a conditional use permit. Troy Lane is a private road serving fifteen households in a heavily wooded area on the east shore of Mooney Lake. It is a narrow road, about 6/10 of a mile in length, not intended for truck traffic. The daily presence of numerous UPS Vans, Federal express trucks and other delivery vehicles presents a safety hazard for the regular residential vehicular and pedestrian traffic. The frequent daily deliveries and pickups by noisy commercial vehicles violates the peace and tranquility of this secluded neighborhood. We are long term residents (24 years) who place a high value on the rustic character of the neighborhood and we do not want to see it diminished by the presence of commercial activities. For the above reasons we urge that this request for a conditional use permit be denied. Very truly yours, Richard C. Klein cc: Charles E. Dillerud I nadette J. Klein 1 M CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 24, 1991 TO: Planning Commi i rs FROM: Chuck Dill r unity Development Coordinator SUBJECT: CONTINUED CONSIDERATION OF AN ORDINANCE TO AMEND THE ZONING ORDINANCE REGARDING LIMITED RETAIL ACTIVITY IN THE I -1 DISTRICT. At the Planning Commission meeting of June 12, 1991 a Public Hearing was conducted and action tabled on a proposal of staff to amend the Zoning Ordinance to allow for a limited amount of retail activity as secondary or incidental Conditional Use in the I -1 (Planned Industrial) District. The action was tabled due to the lateness of the hour. I have attached a copy of the materials distributed to the Planning Commission prior to the June 12, 1991 meeting concerning the subject. The amendment should be again considered on June 26, 1991. The application of "Fireside Corners" for a Conditional Use Permit to conduct limited retail sales in the I -1 district was withdrawn. The withdrawal was based primarily on the proposed limitation and percentage of retail sales that could be conducted. That application was the catalyst for the staff recommendation to consider amendment to the standards of the I -1 district to permit retail sales on a limited basis. Even though that application has been withdrawn, staff continues in its recommendation with regard to limited retail sales in the I -1 district. pl /cd /zonord.6- 24:dh) Planning Commission Minutes June 12, Page 112 1991 Director Tremere ated that the process essary to do this was for t abutting property owner to petition the City for the cation of this property Chairman Plufka introduced the request by the City of ZONING ORDINANCE Plymouth regarding the Zoning Ordinance Amendment for AMENDMENT REGARDING retail uses as a conditional use in the I -1 District. RETAIL USE IN I -1 DISTRICT Chairman Plufka opened and closed the Public Hearing as there was no one present to speak on the issue. MOTION by Chairman Plufka, seconded by Commissioner MOTION TO DEFER Stulberg to defer this item. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman P fka introduced the request by the City of ZONING ORDINANCE Plymouth to c Sider the revision of members hi terms for AMENDMENT REGARDING the Board of Zo 'ng Adjustments and Appeals. BOZA TERMS Chairman Plufka op ed and closed the Public Hea g as there was no one pres t to speak on the issue. MOTION by Chairman Plu\ Appe ded by Commissioner Wigl MOTION TO APPROVE to recommend approval oning Ordinance Amendment regarding the revisiorship terms for the Board of Zoning Adjustments s. Roll Call Vote. 7 Ayes. M OTION cg*ried. VOTE - MOTION CARRIED Meeting Adjourned at 1:35 p.m. c =Z 1 DRAFT AMENDMENT NO. 2 HEARING DATE: June 12, 1991 DESCRIPTION: Amend Ordinance to provide for limited retail activity as secondary or incidental conditional use in the I -1 (Planned Industrial) District. SECTIONS INVOLVED: Section 8, Subdivision D. 2. EXPLANATION /PURPOSE: The Industrial District by design does not permit traditional commercial or retail uses. The ordinance does allow some retail and service establishements as conditional uses subject to the tests that the retail or service establishment is "essential to the operation of the district" and that the retail or service establishment "provides goods and services which are primarily for the use of persons employed in the district ". The ordinance also provides for freestanding office buildings for uses that are found to be generally compatible with the Industrial District ". The ordinance provides for "secondary uses customarily incident to the permitted or conditional uses allowed" in the three business districts as accessory uses which means a principal permitted or conditional use must be established. The key word in this provision is "customarily." The Planned Industrial District also provides for accessory uses, but the provision is much more limiting and was last reviewed in 1987. It reads as follows: All secondary uses customarily incident to the permitted or conditional uses listed including but not limited to the following in approved multi - tenant buildings: over - the - counter printing, duplicating and photocopying services; secretarial and word processing services; and telephone answering services. The purpose and intent of the Industrial District is stated in the Ordinance see attached page). It is clear, all things considered, that the City planned for and has strived to implement a Planned Industrial District that is not in competition with the plan in established commercial districts. We periodically are confronted with uses that clearly belong in the I -1 Planned Industrial) District as a principal use but which may have certain features which are not clearly within the intent of the Industrial District. Specifically, we have dealt with a firm that provides repair and manufacturing for electronic sound systems for automobiles but which also has a showroom where periodic retail sales can be made. The retail activity was allowed by conditional use permit subject to a number of conditions and has not been problematical. A baking company distribution center was authorized a conditional use permit to have a "day old" bread store which retailed returned bread products to the public, and this has not been a problem. 7 Recently a brick/fireplace distributor has proposed to locate in the Industrial District and indicated that they feature a showroom whereby the public could view and select merchandise for purchase on a retail basis although the company's business principally is not retail to the public. The Planning staff has concluded that it would be appropriate to consider an amendment to the I -1 District standards which would allow for a limited amount of retail activity as a conditional use, not an accessory use. That would require that a proposed retail activity would be subject to a Public Nearing and review by the Planning Commission and City Council and that reasonable conditions could be established for such activities on an individual basis. The key to this suggestion is that the retail uses would not be freestanding or principal but rather would be clearly secondary and incidental as well as related to the principal use. The tests of how essential the use is to the operation of the district and whether the activity is primarily for the use of persons employed in the district would not be required. CONCLUSIONS /RECOMMENDATIONS: It is appropriate for the Commission to consider this in the context that there appear to be a number of Industrial principal uses that have periodic retail sales functions but which cannot satisfy the tests of the ordinance for retail establishments. It is possible to provide for a limited amount of incidental retail activity by conditional use permit whereby each proposed use would be subject to review by the Planning Commission and City Council and whereby reasonable conditions can be applied to ensure the secondary and incidental nature of the activity. I recommend the Commission recommend the adoption of the following amendment to Section 8, Subdivision D.2: Limited retail sales which are clearly secondary and incidental and demonstrably related to the principal allowed use. The property owner must demonstrate how the site will support the proposed retail activity in terms of the minimum parking required by the ordinance for the retail activity in addition to the allowed principal use or uses of the property. The City ay establish a maximum percentaqe of floor area or sales volume and periodic reporting thereof as a reasonable control measure to ensure the retail activity is secondary and incidental to the a lowed principal nonretail use. Underscore - indicates new text Strikeeut -- indicates deleted text pc /bt.zo.2 /6 -12) j f PLYMOUTH ZONING ORDINANCE Section 8, Subdivision C SUBDIVISION C - PURPOSE AND INTENT: INDUSTRIAL DISTRICTS 1. The Planned Industrial District is established to accomplish the general ( purpose of the Ordinance and the Comprehensive Plan and for the following specific reasons: a. Develop major centers or complexes in separate areas to allow for distribution of peak period traffic, efficient access, effective distribution of primary water and sewage facilities and property utilization of land suited for industrial development. b. Prevent expansion of scattered industrial operations. c. Allow mining and extraction operations by conditional use permits to assure planning for maintenance of the land for subsequent use. d. Limit most industrial uses to planned industrial parks where uniform performance standards and land use regulations can be applied. e. Protect industrial areas from encroachment by non - industrial use. f'. Allow a limited amount of Service /Business uses, by conditional use ! permit, which are either essential to or compatible with the operation ' of the Planned Industrial District or which provide essential services to employees within the District. (Amend. Ord. 89 -17) 2. The I -1 PLANNED INDUSTRIAL DISTRICT is intended to allow for industrial operations with high standards for site development and use performance. Permitted and conditional uses shall be compatible with the character of development in proximate areas. The development types and locational criteria of the I -1 District shall be as set forth in the Comprehensive Plan. 1:15: PLYMOUTH ZONING ORDINANCE Section 8, Subdivision D SUBDIVISION D - ALLOWABLE USES: INDUSTRIAL DISTRICTS Within an I -1 PLANNED INDUSTRIAL DISTRICT, no building or land shall be used except for one or more of the following uses, providing they comply with the performance standards set forth in Subdivision G of this Section. 1. PERMITTED USES a. Any manufacturing, production, processing, cleaning, storage, servicing, repair or testing of materials, goods or products that is wholly contained within a building and which meets and maintains all environmental standards established by the State of Minnesota Pollution Control Agency. (Amend. 89 -36) b. Municipal and other public agency administrative and service buildings, including public works maintenance facilities, post offices, fire stations, and the like which are compatible with other allowed uses is the district. (Ord. 89 -36) c. Essential services. (Ord. 89 -36) 2. CONDITIONAL USES Any permitted or accessory industrial use not conducted within a building including, but not limited to, outside storage as defined by this ordinance. (Amended Ord. 91 -14) Retail and service establishments essential to the operation of this At**o district and providing goods and services which are primarily for the use of persons employed in the district; any such commercial use allowed under this Section shall be subject to all requirements of this Ordinance and the City Code applicable to such commercial use. Amended Ord. No. 82 -08) c. Free standing office buildings for corporate, administrative, executive, professional, research, sales representatives offices, or similar organization, and generally compatible with the industrial district; any such commercial use allowed under this Section shall be subject to all requirements of this Ordinance and the City Code applicable to such commercial use. (Amended Ord. No. 82 -08 and 86 -26) d. Industrial Buildings including single tenant /occupant and multi- tenant /occupant buildings, allowed by this Section, which contain office uses which occupy more than 50% of the gross floor area of the building and are found to be generally compatible with the Industrial District. Any such commercial use allowed under this Section shall be subject to all requirements of this Ordinance and the City Code applicable to such commercial use. (Amended Ord. No. 86 -26) e. Residential structures and related residential uses necessary for security and safety reasons in relation to a principal use. f. Planned Unit Development (P.U.D.) as regulated in Section 9. 8 -7 PLYMOUTH ZONING ORDINANCE Section 8, Subdivision D g. Waste Facilities as regulated in Section 9. (Amended Ord. 87 -31) h. Participative athletic uses as defined by this Ordinance where the property owner has demonstrated how the site will support at least the minimum parking required by Ordinance for the proposed use during the hours of operation of the proposed use; and where the proposed use is found to be consistent with the conditional use permit standards set forth in Section 9. (Amended Ord. 89 -17) i. Essential service buildings. (Ord. 89 -36) j. Community Correctional Facilities as regulated in Section 9. (Ord. 89- 38) k. Adult Correctional Facility as regulated in Section 9. (Ord. 89 -38) 3. ACCESSORY USES a. All secondary uses customarily incident to the permitted or conditional uses listed including but not limited to the following in approved multi- tenant buildings: over - the - counter printing, duplicating, and photocopying services; secretarial and word processing services; and telephone answering services. (Ord. 87 -16) b. Off- street parking and loading as herein regulated. c. Signs as herein regulated d. Outside, above - ground storage facilities for gaseous, non - liquid fuels used for heating purposes, or for dispensing purposes clearly incidental to the approved principal use and not for sale, as regulated in Section 10. (Amended Ord. No. 82 -15). e. Temporary retail activities directed at the general public may be allowed as an accessory use subject to issuance of an administrative permit and subject to the requirements of this paragraph. For purposes of this paragraph "Retail Activities" shall include temporary, short -term warehouse sales, inventory reduction or liquidation sales, distressed merchandise sales, and product promotion events including displays, introductions, expositions, and swap meets related to the products and /or services of the established tenant or owner, and conducted on the premises of permitted and conditional uses in this District; but shall not include sales events which are regularly scheduled or seasonal in nature. (Amended Ord. 82 -29 and Ord. 86 -07) 1) Application and Fee. a) Application for a temporary retail activity shall be made to the Zoning Administrator on forms to be provided by the City at least thirty (30) calendar days prior to the proposed event. 1 2 1 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 24, 1991 TO: Planning Commission FROM: Blair Tremere, Community Development Director SUBJECT: STAFF REPORT GRAPHICS MATERIALS BACKGROUND: The information and supporting documentation needs of the Planning Commission tend to vary as the membership of the Commission changes. It is common that requirements for plans of a certain size and of a certain detail will become established as the norm and are represented to applicants as formal requirements by virtue of the application information sheets and checklists. The Planning Division staff has been for some time investigating ways that the Plan Review process can be streamlined and how paper requirements can be reduced while maintaining a high quality level of information that the Planning Commission and City Council need to make their decisions. PRIMARY ISSUES AND ANALYSIS: I have reviewed the following with Chairman Plufka and have implemented some of the measures which happen to be coincident with the advent of the new Planning Commission membership. 1. Graphics to be submitted following technical review by the City staff shall be legible and accurate reduced -scale copies which can be photographically reproduced on standard office photocopying equipment. The quantity of graphic materials and the subject of the materials are as identified on the information checklists provided by the City. 2. An area map - -also known as a location map - -can be prepared by staff to show existing land uses on adjacent properties (at least, indicate vacant versus developed land). 3. Other information varies from application to application. For Site Plans, a copy of the Site Plan, Landscaping Plan, and Exterior Wall Elevation Plan would be the requirement. Preliminary Plats would involve a copy of the proposed subdivision including the Code - required data such as typical setbacks and a General Development Plan. An application for a Rezoning or a Land Use Guide Plan Amendment would include a General Development Plan or Concept Plan, respectively, of how the property could develop when changed. Planned Unit Developments, from the Concept Plan stage through the Final Plan /Plat stage would include the graphics necessary to reflect the ordinance - required information; this is often presented in the form of a narrative booklet. 4. Additional graphics will be provided when the staff or the petitioner determines certain information is needed for a better understanding of the proposal. For example, it may be relevant for the Commission to see the Grading Plan if a development proposal included a change to the City Storm Water Drainage Plan. Another example would be to show existing land use on a given site as well as the proposed use (often shown by virtue of an as -built survey). Staff will monitor the quality of the graphics closely to ensure the date is legible and that the data accurately reflects the full -size plans and technical information submitted to the City and which the Development Review Committee has been reviewing. CONCLUSIONS AND RECOMMENDATIONS: The amount of paperwork involved with the Development Review process can be reduced while maintaining a high level of quality and legibility for Planning Commissioners, the City Council and the public. This is possible due to current word processing and photo reduction technologies which are available not only to the City but also to developers and their consultants. I recommend that the Commissioners monitor our efforts and provide staff with feedback as to the adequacy and appropriateness of the products. pc /bt /graphics) 11 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 24, 1991 TO: Plannin issioners FROM: Chuc D d, Community Development Coordinator SUBJECT: PLAN D UNIT DEVELOPMENT ORDINANCE - PLANNING COMMISSION CONSIDERATION OF AMENDMENTS Late in 1990 and early in 1991 the Planning Commission considered amendments to the Planned Unit Development section (Section 9, Subdivision B) of the Zoning Ordinance. On January 30th the Planning Commission approved a recommendation to the City Council amending the language of the Zoning Ordinance, Section 9, related to the "PUD Attributes" (Section 9, Subdivision B, Paragraph lc). The City Council adopted those recommendations and amended the Zoning Ordinance on March 4, 1991. Following the action recommending the changes to the PUD Attributes, the Planning Commission discussed the basic concept of the Planned Unit Development Ordinance. The Planning Commission minutes containing that discussion (January 30, 1991) are attached. The staff was provided guidance by the Planning Commission at that time regarding concerns the Commission had with the structure of the current Planned Unit Development section of the Zoning Ordinance. Since January staff has provided the Planning Commission two earlier reports concerning the Planned Unit Development Ordinance. One report, referred to as the "Larsen Report ", was prepared in 1981, and resulted in amendments to the Planned Unit Development ordinance at that time. A second report was prepared by Director Tremere in 1988. Both reports are attached for consideration by the Planning Commission at this time. The foregoing brief summary of recent discussions of the Planned Unit Development Ordinance, and the attached prior reports are intended to bring new Planning Commissioners "up to speed" with regard to Planned Unit Development Ordinance considerations. We will be available to discuss future directions in this regard with the Planning Commission of June 26th. pl /cd /pcpudord:dh) CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559 -2800 MEMO DATE: August 15, 1988 for City Council Meeting August 16, 1988 TO: City Manager James Willis FROM: Community Development Director Blair Tremere SUBJECT OBSERVATIONS ON THE PLYMOUTH ZONING ORDINANCE PLANNED UNIT DEVELOPMENT PROVISIONS. what ; c it'? A Planned Unit Development is defined by the Zoning Ordinance as "a tract of land developed as a unit rather than as an individual development, wherein two or more buildings may be located in relationship to each other rather than to lot lines with regard to use and location, and in accordance with definite requirements as well as provisions agreed to between the City and the owner." This approach, which combines zoning and subdivision procedures and standards, was adopted by the City in the mid- 1970's. A previous technique, the Subdivision Unit Project, had been found to be unsatisfactory for the increasing demand the intense development was placing upon the City and the desire by the City to better regulate development and the acquisition and management of open space. The Subdivision Unit Project Ordinance provisions were repealed upon adoption of the Planned Unit Develop- ment Ordinance. I have attached, for reference, several pages from Section 9, Subdivision B., of the Zoning Ordinance Which set forth the purpose, permitted uses, area, density, setbacks, and related regulations. What does the Planned Unit Development do for the City and for the developer that the conventional zoning and subdivision codes don't accomplish. 1. The PUD approach affords the developer a calculated "pure" density, which means that, subject only to the deduction for land at or below the designated Flood Elevation, density is calculated at the rate dictated by the Compre- hensive Plan, e.g., 40 net acres translates to 80 dwelling units in the LA -1 guided areas. The same 40 acres with the same Guide Plan Classification would yield only about 71 dwelling units in a conventional plat, at the Ordinance minimum lot size of 18,500 sq. ft. per dwelling unit; this includes an approximate 25% deduction for streets, drainageways, and other open space requirements. Developers can depend upon the realization of more dwelling units with a PUD with no bonus point assignment) than with a conventional development. Page two Memorandum to the City Manager Planned Unit Development Provisions of the Ordinance August 15, 1988 2. The developer gains a higher level of design flexibility in that he is not constrained by rigid lot configurations or dimensions. The PUD is design - based and lots and dwelling units can literally be shaped to fit the topo- graphy, rather than a "gridiron" of a conventional plat. 3. The developer and new residents/ owners of a PUD can depend upon the PUD Plari as a guide for the completion of the project. 4. The City benefits in the manner outlined in the PUD provisions in the Ordin- ance (See attached, particularly the Section, "Purpose "). The City gains a higher level of planning and, presumably a higher quality development than the conventional, more generic Ordinance standards and procedures deliver. 5. The City also typically gains from development in larger tracts since the PUD minimum size is 40 acres; this reduces the amount of speculation about transi- tion and impacts upon future or existing owners, since much correction by design can usually be accomplished within a 40 acre area. Future neighbors' interests, outside the limits of the project, are more easily identified and addressed, the larger the project. How has it worked? The PUD Ordinance has delivered a large amount of residential development and, to a lesser extent, some mixed and non - residential development. It is debatable whether the City has realized the "Expected Attributes" listed in the Ordinance (See attached) throughout the community. What have been some of the problems? 1. One of the problems identified several years ago, was that much smaller lot single family residential development was underway, but the PUD Attributes were not highly apparent -- particularly with respect to more suitably located and useable open space. This surfaced as the result of observation of approved developments, and as the result of increasing requests for density bonus points for affirmative design efforts and provision for effective open space. The City Council had the Planning Commission study the issue about density and bonus point application; a variety of amendments were made to the Ordinance to clarify and to make more objective certain Bonus Point Criteria which had been more design- oriented and subjective. The density bonus point system was particularly problematical in that, a number of developers saw it as a way to further increase the "pure" density that delivered more dwelling units than a conventional plat; thus, there were numerous proposals seeking to use this system. 2. Another concern has been that most of the designated open space for common private purposes was found in developments with attached housing. Most single family developments approved through the 70's into the early 80's involved very little, if any, private common open space. (A notable exception is the Mission RPUD which essentially was the first PUD and is one of the largest.) Page three Memorandum to the City Manager Planned Unit Development Provisions of the Ordinance August 15, 1988 The City has, in recent years, required developers to show more effectively how open space attributes were being met and this has resulted in several large single family detached dwelling developments where corridors and private common open areas had been platted and put under the control of a private Homeowners Association. New residents in these subdivisions have generally not had the expectation of being part of a Homeowners Association which is responsible for expanses of open space which include dues and maintenance fees. The condominium or town- house association is not often familiar to those who are buying a single family detached home (probably similar to the one they left). Disputes have arisen in some developments, primarily because developers did not finish or even initially install much of the open space improvements before selling the lots and allowing single family homes to be built on them. Delaying the work, until after the residents had moved in, has presented a multitude of political and emotional problems due to the expectations -- and lack of expectations -- by the new residents. 3. Developers have tended to not keep the size of the new single family detached homes proportional to the smaller lots they have platted in the PUD's. Developers may have found the PUD approach to be a means of achieving what some have unsuccessfully tried to achieve by proposed Zoning Ordinance Amend- ments over the years: Smaller minimum lot sizes in the conventional single family detached dwelling districts. The City Council, on several occasions, over the last dozen years has decided not to reduce the minimum lot size standards which have prevailed in the R -1A Zoning District for almost 20 years. Thus, while developers have elected to plat smaller lots in accordance with the PUD Ordinance provisions, the market demand for larger homes has been relatively constant and the Plymouth developers have strived to meet that demand. This has resulted in political and emotional pressures which can be traced to new homeowners who desire amenities such as decks, porches, and third garages which don't fit within the design constraints that were originally promoted by the developer. The Plymouth Ordinance does not limit the size of the dwelling units. The Ordinance 20% maximum lot coverage does apply to single family dwelling lots regardless of area, and it has been the hope by the City that the 20% maximum coverage would require a more proportionate dwelling on the smaller lots. Instead, most of the recent variance and adjustment requests have involved smaller lots in PUD's. Rarely are there lot coverage or even setback variance requests involving a conventional lot standard dimensions. What can be done? Are there any solutions? Food for Thought: 1. Reduce the minimum single family (R -1A) lot size from 18,500 sq. ft. to, say, 15,500 sq. ft. thereby slightly increasing the LA -1 base density. One result: Less PUD's of marginal merit, minimal design, and substandard size. Page four Memorandum to the City Manager Planned Unit Development Provisions of the Ordinance August 15, 1989 2. Adopt formal sideyard setbacks for single family houses in PUD's, i.e., 10 feet. This should reduce some of the consternation about the subjective design consideration which the current Ordinance promotes. If the Council wants to establish a firm setback standard, which recent practice would veri- fy, then it would be best to put that in the Ordinance. 3. Change the City's Policy and Ordinance direction regarding open space, partic- ularly in developments which involve single family detached homes. This, for example, could include more or even exclusive emphasis on passive open space/ natural areas versus formal parks, tot lots, and other more active open space amenities. Conservation easements or the equivalent could be used across platted lots which would preserve desirable natural features, and the areas, at least aes- thetically and visually, would be "common ". One result of this would be to reduce, if not eliminate, the need for formal associations in single family detached developments. 4. Another possible approach would be to have an Ordinance that allowed the City to perform maintenance of designated open space in private developments; the cost would be "built -in" and spread across the entire subdivision, for example, not unlike street lighting. This would tend to reduce the need for formally constituted Homeowner Associations that were active in terms of the maintenance and upkeep of designated private open space. 5. Modify the maximum ground coverage percentage. The Planning Commission and City Council had discussed this previously and concluded that it was approp- riate to retain the 20% coverage as a standard with the option available for PUD developers to demonstrate, after mass grading, that a higher ground cover- age was warranted on a particular site. The ground coverage percentage is a function of both aesthetic, in terms of the proportion of building to available lot, and of storm drainage, since it effectively controls the amount of impervious surface. I have advised the Planning Commission and Council before that there is no other "proper" number except for that deemed right for the City by the Council. A previous Council, many years ago, determined that 20% was an appropriate number and much of the physical development in the City reflects that today. Recent research by the State Home Builder Association which was made available to me through the Plymouth Developers Council, indicates that many cities do not have a maximum percentage ground cover for residential development. Instead, they define the maximum building pad on the site with the minimum side yard setbacks. Page five Memorandum to the City Manager Planned Unit Development Provisions of the Ordinance August 15, 1988 The most prevalent concern expressed by decks. Original developers maximized the houses, particularly on smaller lots, decision was made to add a deck. It was exceed the maximum ground coverage and a the Board of Zoning and the City Council and PUD Plan amendment requests. developers recently has been with amount of ground coverage with the and when the occupant arrived, a then discovered that the deck would building permit was denied. Thus, have been confronted with variance The Plymouth Development Council is currently preparing information to be conveyed formally to the Planning Commission and City Council, seeking amend- ments to the Ordinance which would exempt uncovered decks from the ground coverage requirement. The Council may wish to wait until that information is provided before proceeding on this matter. 6. The Ordinance could be amended to mandate a certain amount of housing types other than single family detached in all residential PUD's. The Ordinance has always provided for this as an option (one could literally develop multi -story apartments or townhouses in an LA-1 area). Most developers have not exercised that. option, probably for economic reasons often attributed to the current market. Nevertheless, the City could mandate that all PUD's contain a mix of housing types in order to assure more affordable housing and to ensure a better aesthetic product due to the "built -in" open space that comes with attached housing. CONCLUSION: The PUD approach is design- oriented by definition. The more that development is regi- mented and standards are made more objective, there will be a tendency toward less innovation and creativity. The subjective nature of a design -based PUD can make for tough decisions by the Planning Commission and Council, but generally, those tough decisions can be traced to the desire of the City to retain certain rigid standards which may or may not be addressed in the formal Ordinance. The tendency to create more quantifiable and objective standards in the PUD Ordinance, essentially creates just another standard zoning district which includes the procedural features of a Public Hearing and a multi - layered approval process. Attachments Ordinance Excerpts 0 6 J & I VvkAe.'d., om cc P YMi)UTH Z0!1I1dS ORDIIWICE Section 9 SUBDIVlSIOI, B - PLAILJED U!!IT DEVELOPMENT (PUD) 1. Purpose a. The provisions of this section of the Zoning Ordinance are intended to provid(- - areas which can be developed with some modification of the strict application of regulations of the normal zoning districts in accordance with the provis- ions and regulations contained herein, the intent and purpose of the Compre- hensive Municipal Plan, the general intent of the districts in which the development is proposed, and generally in accordance with the "Community Structure Concept" of the Comprehensive Plan. b. The provisions of this section of the Zoning Ordinance provide design flexi- bility for the development of larger parcels under single ownership or con- trol, in order to obtain a higher quality of development than might otherwise be possible should development occur under strict application of the zoning ordinance regulations for a particular district. c. The benefit to the developer is one of design and development flexibility; in order to utilize this flexibility, the developer has the responsibility to demonstrate that its utilization does indeed provide a development which has substantial attributes to enhance the particular area or the City in total. Expected attributes are: 1) Benefits from new technology in building design, construction and land development. 2) Higher standards of site and building design through use of trained and experienced professionals in Land Planning, Architecture and Landscaping to prepare plans for Planned Unit Developments. 3.) More efficient and effective use of streets, utilities and public facil- ities to yield high quality development at a lesser cost. 4) More useable and suitably located active recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures.(Amended Ord. No. 86 -07) 5) Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics. Amended Ord. No. 82 -15) The primary function of Planned Unit Development provisions is to pro- vide developments which will preserve and enhance the worthwhile, natur- al terrain characteristics, and not force intense development to utilize all portions of a given site. In evaluating each individual proposal, the recognition of this objective will be a basic consideration in granting approval or denial. (Amended Ord. No. 86 -07) M PL1IdJ'JTH ZN1140 OPDIIJAtJ.E. Section °, Subdivision B d. The provisions for Planned Unit Developments in this section are applied in t%o separate and distinct forms: A Residential Planned Unit Development R.P.U.D.) and a Mixed Use Planned Unit Development (t•1.P.U.D.). Where provis- ions are not specifically designated for either the R.P.U.D. or M.P.U.D., the\ apply to both types. All property within a R.P.U.D. shall be in one or more R Districts. Within a M.P.U.D. land shall include one or more non - residence districts and may or may not include one or more R Districts. 2. Permitted Uses a. Within a R.P.U.D. no land or buildings shall be used except for one or more of the following uses: 1) Those uses listed as permitted or conditional uses in the District(s) in which the development is proposed. 2) A variety of housing types allowable in any one Residence Zoning may be provid District ed in and, of the Residence Zoning Districts within a R.P.U.D., subject to 3., a., (2), of this Subdivision. 3) Consideration will be given to the integration of small retail conven- ience centers, medical and professional offices within a R.P.U.D., pro- vided such uses are designed and intended primarily for use of the resi- dents in the development and not in conflict with the intent of the Comprehensive Municipal Plan as to maintaining the integrity of the neighborhood concept. b. Within a M.P.U.D. no land or building shall be used except for one or more of the following uses: 1) Those uses listed as permitted or conditional uses in the Zoning District(s) in which the development is proposed. 2) Principal uses as allowed in Subparagraph b., (1), above and as uses any allowable secondary uses in any of the Zoning Districts of this Ordinance. 3. Area, Density, Setback, Height and Lot Coverage Regulations a. Area and Density Regulations 1) The minimum total land area shall be not less than forty (40) acres. Lots of less than forty (40) acres may qualify only if the applicant can show that the minimum area requirement should be waived because a P.U.D. is in the public interest and that one or both of the following conditions exist: a) Unusual features of the property itself or of the surrounding neighborhood are such that development under the standard provis- ions of the normal District would not be appropriate in order to conserve a feature of importance to the neighborhood or community. 9 -7 PL1'IIJUTH ZO1;I11!0 ORDItl;A!:' E Sectio- 9, Sut)diyisioi E b) Tree property adjoins property that has been developed under t•. provisions of this section and will contribute to the amenities o the neighborhood. 2) Tne maximun number of dwelling units allowed in a development shall b, be determined by the density (units per acre) approved for the develor- ment within a minimum to maximum density range for the living area category shown in the adopted Comprehensive Plan. The density shall be established by the City Council with the approval of the Concept Plar! based upon recommendations from the Planning Commission. The actual number of dwelling units allowed in a development shall be determines upon the review and approval of the RPUD Preliminary Plan, Preliminar\ Plat, and Conditional Use Permit. The actual number of dwelling units allowed shall be within the assigned density range for the development nand shall be a function of the review of the detailed plans and infor- mation required for the Preliminary Plat, Preliminary Plan, and Condi- tional Use Permit. The gross density allowable in any RPUD shall fall within this range to only the degree that the RPUD Plan responds to the intents and purposes of this PUD Section of the Zoning Ordinance. The allowable gross dens ity shall be for only that land above the high water elevation estab- lished by the adopted City Storm Water Drainage Plan as verified by the City Engineer. To enable an objective assignment of gross density, a density bonus system is hereby established providing for gross density to be allocated in increments between the minimum density and the maxi- mum density as per the LA category density ranges. The allowable gross densities with bonuses applied are as indicated on the Bonus Point Table in this section. (Amended Ord. No. 82 -15) Bonus points are intended for those projects which satisfy one or more of the stated Bonus Point Criteria. The evaluation of the project with respect to those criteria shall be undertaken upon the determination that the proposed project satisfies the basic attributes of a Planned Unit Development as set further in this Section and thus qualifies as a Planned Unit Development. (Amended Ord. No. 86 -07) b. Front, Rear and Side Yard Building Setback Regulations: Building setbacks from all property lines shall conform with the standards of this ordinance except as otherwise authorized and shown on the approved final P.U.D. plan. c. Building Height Regulations Height limitations for any building in a P.U.D. shall be as shown on the approved P.U.D. Plan; provided however, the following State of Minnesota Code of Agency Rules, Department of Transportation, Aeronautics Division are hereby adopted by reference: 14 MCAR Section 1.3015 (Criteria for Determining Obstructions to Air Navigation) and 14 MCAR Section 1.3018 (Seaplane Opera- tions within the Seven County Metropolitan Area). These regulations apply to Please see pg. 9 -11 for cont'd) 9 -8 PLYIIJUTH ZOIIINS ORDIIJAIl!r-- Section °, Suhdi\isio., B F301d'JS POINT CALCULATI01: TABLE FLA14D USE E PERMITTED GROSS DENSITY PER ACRE Number of Bonus Points 5 4 3 2 1 LA -1 1.5 1.6 1.7 1.6 1.9 LA -2 2.0 2.2 2.4 2.6 2.6 LA -3 2. 3.0 3.5 4.0 4.5 LA -4 5.0 6.0 7.0 6.0 9.0 Number of Bonus Points 0 1 2 3 4 5 LA -1 2.0 2.1 2.2 2.3 2.4 2.5 4.0 LA -2 3.0 3.2 3.4 3.6 6.5 3.6 7.0 7.5 LA -3 5.0 10.0 5.5 11.0 6.0 12.0 13.0 14.0 15.0 LA -4 Number of Bonus Points 6 7 6 9 10 LA -1 2.6 2.7 2.6 2.9 3.0 LA -2 4.2 4.4 4.6 4.5 5.0 LA -3 6.0 6.5 9.0 9.0 10.0 LA -4 16.0 17.0 16.0 19.0 20.0 Bonus points may be assigned by the Cityr al o con thenfthe recommendation of the Planning Commission with Concept Plan app 9 -9 PLYIIJJTH ZOIIIIIG ORUIIIAI CL Section °, Subdivision B BONUS POIIlT CALCULATIO14 CRITERIA Amended Ord. IJo. 52 -15) a) The project is of a viable scale for PUD design -- Add one (1) bonus point for each ten (10) acres of project size above fort 40) acres up to four (4 or subtract one (1) bonus point for each five (5) acres of project size under forty (40) acres (no fractional assignment). b) The project proposes a significant percentage of quality housing affordable by persons of low and moderate income as defined by the Metropolitan Housing Authority; only projects demonstrating a firm commitment for the financing of such housing under a bona fide Federal, State, Metropolitan, or local program; or under a bona fide private financing program which provides for the same assurances, shall be eligible -- 0 -2 points. c) The project provides a variety of housing types to include a substantial mix of attached, detached and apartment -type dwel- ling units subject to the following criteria: -- 0 -2 points. Type of Dwelling Units Detached Single Detached Single with attached Attached with Multi -story Apartment Detached Single, Attached, and Multi -story Apartment Percentage Mix Points 100% 0 40% or less 1 50 %/50% 1 40 %/30 %/30% 2 NOTE: The percentage mix may be adjusted up to 10% to allow for design alternatives in all living area categories except LA -1. d) The project clearly demonstrates affirmative design through pro- vision of private /public open space, net (exclusive) of required street right -of -way, required public park and trail dedication, required storm drainage ponding areas, and required rear yards, which preserve and enhance the worthwhile natural terrain characteristics and which do not force intense development to utilize all portions of the site, according to the following schedule: -- 0 -2 points. (Amended Ord. No. 86 -07) Percentage of Open Space Points 10 - 20% net area 1 20% or more net area 2 Amended Ord. No. 86 -07) 9 -10 PL1'MDJTH ZO':I;, ORJI1; Section °, Subdi'i5iori E the City of Plymouth due to the classification of Medicine Lake and Schmidt Lake for seaplane operations. All de,elopnents im olvinc structures of e height governed by these regulations shall be subject to the requirements of those regulations as if they Mere part of this Ordinance. (Amended Ord. ND. 82 -15). d. Special Protection District Requirements. Planned Unit Developments involving land within the Flood Plain or Shorelaric Management Overlay Districts shall be subject to applicable regulations set forth for those Special Protection Districts in Section 6 of this Ordinance. Section 6, Subdivision B, contains specific regulations for Planned Unit Developments in the Shoreland Management Overlay District. (Amended Ord. No. 62 -33) 4. Buildino and Site Desion Construction. Maintenance. and Transition Regulations a. More than one building may be placed on one platted or recorded lot in and PUD. b. Architectural stvle or type of buildings shall not solely be a basis fordenial or approval of a plan. HoMever, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be given primary considerations in the revieM stages of the Planning Commis- sion and City Council. c. No building permit shall be granted for anv building on land for which a plan for a PUD is in the process of revieM or which does not conform to the appro%- ed final plan or for one phase of the final plan. d. Staging of Development: 1.) Anv P.U.D. Plan proposed to be constructed in stages shall include full details relative thereto and the Planning Commission and City Council may approve or modify where necessary any such proposals. 2) The staging shall include the sequence and the proposed time for begin- ning and completion of each stage. Such sequence and /or schedule may be modified by the Planning Commission and City Council on the showing of good cause by the developer. 3) The land owner or developer shall make such easements, covenants and other arrangements and shall furnish such performance bond or bonds as may be determined by the City Council to be reasonably required to as- sure performance and completion of private streets and utilities, land - scaping and privately owned and maintained recreational facilities in accordance with the plan and to protect the public interest. 9 -11 PLY1.11011TH ZNI ;, ORDIIJAt,CE e. Open Space: Section °, Subdivision F The public or private open space shall he consistent with the Comprehensivf- Hunicipal Pla,, Park and Trail System and with the stated purpose of preser\- ino natural site features. All open space shall be labeled on the P.U.D. Pia, as to intended use and ownership. f. Operating and Maintenance Requirements for Common Facilities: In the event certain land areas or structures are provided within the P.U.D. for private recreational use or as service facilities, the owner of such land and buildings shall enter into an agreement with the City to assure the con- tinued operation and maintenance to a predetermined reasonable standard. These common areas may be placed under the ownership of one of the following, depending which ismore appropriate: 1) Dedicated to public where a neighborhood wide use would be anticipated. 2) Owner control when property, not subdivided. 3) Property Owner's Association, provided all of the following conditions are met: a) The Property Owner's Association must be established prior to and sale. b) Membership must be mandatory, for each owner, and any successive buyer. c) The open space restrictions must be permanent, not for a given period of years. d) The Association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities. e) Landowners must pay their pro rata share of the cost and the asses- sment levied by the Association that can become a lien on the property in accordance with Minnesota Statutes. f) The Association must be able to adjust the assessment to meet changed needs. g. Covenants, Easements and Restrictions: The final plan shall identify and contain such proposed covenants, easements and other provisions relating to the bulk, location and density of such resi- dential dwellings, non - residential uses and public facilities as are necessary for the welfare of the Planned Unit Development and are consistent with the best interest of the entire City. All or any of the covenants, easements and other provisions, if as part of the final plan may be modified as deemed necessary by the City Council when the final plat is approved, for the preser- vation of the public health, safety, morals and general welfare of all City residents. 9 -12 P 1!'JJTr-, Z01!I! 0_,=)I!! Sect ion 9, Sub >,i\ision B r,. Streets, Utilities, Ser, ices arid Public Facilities: The uniqueness of each proposal for a P.U.D. requires that specifications any standards for streets, utilities and services may be subject to minor modifi- cations from the specifications and standards established in this and other City ordinances governing their construction. The City Council may therefore waive or modify thespecifications or standards where it is found that they are not required in the interests of the residents or of the entire City. The plans and profiles of all streets, utilities and services shall be revie"ed, modified if necessary, and approved by the City Engineer and Building Official prior to the final approval of the P.U.D. plan by the City Council. All P.U.D. projects shall be served by publicwater and sewer systems. All utili- ties including electrical shall be placed underground. The following table shall be used as a guide and shall be the minimum street standards for all streets, public or private, within a P.U.D.: P.U.D. Street Design Standards Street Description Residential Traffic (ADT)* Less than 400 400 -1,000 Over 1,000 Pavement %idth ** in feet No Parking 20' 26' 44' Parking One Side 26' 32' 44' Presumed or Actual Right of Hay Width 40' -44' 44' -50' 60' -66' Sidewalks * ** None 014E OR Street Slope * * ** 0.5%-10% 0.5% -10% 0.5%-S% Anticipated Speed 20 25 30 Axle Load Design * * * ** 7 ton 7 ton 9 ton Non - Residential 44' 44' 60' -70' BOTH SIDES 0.5 % -B% 30 9 ton ADT (Average Daily Traffic) is used as a measure of the number of vehicles using a road during an average 24 -hour period. Values shown are minimum. Conditions may require variations in pavement widths. Lack of specific requirements may make sidewalks on one or both sides of higher volume residential and of non - residential streets unnecessary. Values shown are a range. Topographic conditions may require variations. As defined in the Minnesota Highway Department Road Design Manual. 9 -13 PLYMOUTH ZONING ORDINANCE Section 9, Subdivision 6 i. Transition Design: 1.) The City Council has determined that specific standards and guidelines arenecessaryanddesiredwithrespecttothetransitionofResidentialPlanner' Unit Developments particularly where such development contains housing types other than single family detached dwellings, and abuts existing or future residential development containing single family detached dwellings. 2.) The intent of the transition at the perimeter property line is to create b\ design, the perception of a single family detached neighborhood. 3.) Elements of the transition design may include: a) Existing topographical and vegetation features. b) Landscape plantings. c) Spatial buffering through yard setbacks and open space. d) Single family detached homes e) Existing arterial streets. 4.) The folloHing standards shall apply as a guide to the use of various tran- sition elements: a) As a single element, two tiers /rows of single family detached dwellings with approved yard setback and site improvements may be used. b) An equivalent effect of the above single element may be created through the use of spatial buffering (distance), berming, and landscaping. c) Sight lines and the spatial perspective of scale must be considered particularly where multi -story structures are involved so that the per- ception-of the development from the perimeter is generally one of a one or two story roof line. d) Spatial buffering (distance) alone is not deemed to be an effective transition, and must be supplemented with landscaping and berming. e) Use of rights -of -way will be considered as a part of the transition only in the case of existing arterial streets which have been installed at full design standards. Amended Ord. No. 82 -15) 9 -14 r . REVIEW OF CURRENT RPUD ORDINANCE RESE1 lTE D TO cizy CouNc.tL Ocr TotSR Z6, IRS 1 October, 1981 Page 2 PURPOSE The purpose of this study was to review the requirements of the current RPUD Ordinance with respect to density and lot area requirements. This review stems from concerns with current economic and housing constraints existing nationally, and more importantly, within Plymouth. We have solicited input from City Staff, other Commissioners, Council members, the Development Council, and other interests private citizens, real estate development, etc...) in pulling together together this evaluation. This report is designed to stimulate discussion regarding major issues within the current ordinance, and allow the reviewal process to initiate specific recommendations /input. Though the current ordinance appropriately addresses the current environment, we feel there may be ground for revisions in restricted areas of regulation. The practicality of our recommendations, or subsequent suggestions, must be quantitatively evaluated against water/ sewer capacities of each district.) Page 3 BACKGROUND Rationale for revisions may be in the following data. 1. New home construction continues to decline to levels lower than those of the post-war period in the early 1970's. 2. In the area of financing, home mortgage problems are stimulated by 1) the demise of the 30 year fixed rate and 2) subsidies implicit in low savings rates at S & L institutions and banks are phasing our with-deregulation. Because of the latter situation, it is expected that high mortgage rates will prevail with or without high inflation. Current conventional rates range from 15.5% - 12 points to 17.5% - 6 points. Even if conventional rates drop to 15 %, the principal /interest payment on a $60,000 mortgage would be $759 requiring a household income of $32,500. There are predictions by some economists that mortgage rates will match the prime rate by the end of the 2nd quarter, 1982. 3. National inflation alone has been pushing housing prices at better than a 12 1/2% annual rate. Source: Real Estate Research Corporation). The median new home price in Plymouth as of the 1st quarter 1981, is $104,708 - ranking 5th in the Minneapolis Metro Area; 34% above the area's norm; 55% above the national norm. (Source: Greater Minneapolis Board of Realtors). 4. For the first five months of 1981, 718 of the new homes purchased in the Minnetonka - Plymouth area were corporate transferees - an overwhelming figure considering the trend for transfers is rapidly diminishing. 5. Accelerating these problems is the future demand for housing - rental or owned. Over 41 million adults will reach the age of 30 in the 1980'x, compared to 31 million in the 19701s. Currently, 18 million households are headed by individuals 25 -35 years old as compared to 10 million in 1970. We, in particular, must face these challenges. S Page 4 EXHIBIT I AVERAGE HOME PRICES - MINNEAPOLIS METRO* Edina Lake Minnetonka Cedar Isles - Loring Eden Prairie Plymouth Golden Valley Hopkins- Minnetonka Falcon Heights -St. Anthony Calhoun- Harriet Bloomington Minneapolis Area - Average MEDIAN HOME PRICE INDEX TO AVG. 118,713 152 113,343 145 109,623 140 105,959 136 104,708 134 94,512 121 93,000 119 92,917 119 87,853 113 83,109 106 75,036 100 Homes sold 1st quarter 1981 Source:- Greater Minneapolis Area Board of Realtors Page 5 DENSITY The current ordinance provides for a variation of density through bonus points allocated on the basis of four factors: project size (minimum 40 acres); allowance for affordable housing; variety of housing mix; affirmative design. The high degree of subjectivity and interpretation, though purposely stated at the time to allow for freedom of design under the RPUD concept, has been a source of confusion and discontent to the reviewing bodies. The first criteria, and possibly the third, is the only quantitative factor in determining density; while the remainder are subject to interpretation. In retrospect, it is our viewpoint that these latter factors (affordable housing and affirmative design) should be expected upfront in any development within the city of Plymouth and therefore required without any further qualification. Option - Maintain the Current Method. Of the ten RPUD's to affirmatively pass -thru the reviewal process, only three have received bonus point allocation, primarily for project size and one (Amhurst) for housing mix. The only support we find for this option is to let the past record stand for itself. There was however, considerable discussion among Commission members questioning the 40 acre minimum in light of current economics and available land. Option - Revise the Criteria. A second option would be to revise the criteria for bonug .point calculation to be more specific and objective in nature. Exhibit II illustrates the following revisions: a) section (a) would remain as currently stated; b) section (b) relating to affordable housing would be eliminated, allowing the Comprehensive Plan to speak to the issue; c) section (c) now becomes (b) with specific bonus point calculations designated for each housing combination; d) section (d) would be rewritten and become c) to reinforce the RPUD concept of project design. Page 6 EXHIBIT II OPTIONAL BONUS POINT CALCULATION a) The project is of a viable scale for PUD design: add one bonus point for each ten acres of project size above forty acres up to four points; or, subtract one bonus point for each five acres of project size under forty acres to a minimum size of fifteen acres. b) The project provides a variety of housing types: detached detached with attached attached with apartment -type detached, attached and apartment 100% 0 points (base) 408 or less 1 point 508/508 1 point 408/308/308 2 points Provision for a 108 range to allow for design alternatives in various zoning districts. c) The project demonstrates affirmative design through provision of private /public open space net of street right of way, park dedication, and rear yard: 10 -208 net area 1 point 208 or greater 2 points Page 7 Notation of affirmative design (enhancement, preservation, etc...) should also occur in Section 9, Subdivision B (lc) as an expected attribute of a PUD within the city. Section 9, Subdivision b (5b) should also require the developer to address how the project meets each of the conditions /expected attributes of a PUD. We particularly support this approach in that considerations are addressed specifically and with flexibility provided in (b) for various and other constraints or features. The third the developer who approaches the RPUD concept intended. the two main quantitatively zoning districts factor rewards as originally NOTE: The underlying assumption is a need to maintain a separation of PUD development from conventional platting. The city has long maintained a directive to provide open space, quality environment, etc... which supports this position. One could argue, however, that these "desired attributes" should be expected upfront, regardless of the developer or external circumstances and that any development would be required to meet those demands. The problem, though, becomes one of economics in which certain developers /landholders cannot meet or plan to those requirements because of their technical inabilities, or they (whomever) simply choose not to. This "freedom of choice" is the catalyst to housing mix and innovation in an ideal sense. option - Elimination of Bonus Calculation. Density would be dictated by project size or zoning policies under this option. The other criteria would fall in the Comprehensive Plan or other areas of the ordinance. But we consider this an unreasonable, extreme option. Page e MINIMUM LOT AREA Current ordinance requires a minimum of 18,500 sq.ft. in the R -lA district for a single - family dwelling; 15,000 sq.ft. in the R -1B district for single or two - family units. Concern has been stated that these figures present an economic hurdle to residential developers and the consuming public, restricting the demographics of potential buyers to a select few. In evaluation of this concern we have surveyed other communities within the metro area. Maple Grove is formally reviewing their current ordinance with the expectation to reduce those requirements. Current ordinance requires 20,000 sq.ft. in R -1 districts and 10,000 in R -2 districts (planned development). Projections are that these will lower by 15% (while maintaining current setbacks). Burnsville, currently at 11,000 sq.ft. with an 85 ft. frontage, is revising their minimum to 8,500 with 70 ft. Bloomington currently maintains 11,000 sq.ft. regardless of the platting procedure, accetting a 9,200 average within major developments. Eden Prairie is currently at 13,500 sq.ft. with a 90 ft. frontage, but is looking to revise that standard to 10,000. We do not wish to quote these as standards because "everyone else does... ", for we are "smarter than they are ". But these are the figures often presented by the developing interests. We have found our current requirements are among the most restrictive within the metro area - good and bad. The Development Council has requested consideration that the lot size be reduced in LA -1 districts to approximately 10- 10,500 sq.ft. with 75 ft. frontage. Perhaps more appropriately, a reduction to 13,500 sq.ft. in R -1A districts; 12,000 sq.ft. in the R -1B districts; and 11,000 sq.ft. in the R -2 districts would maintain an optimal balance between the city's objective to provide a quality housing environment (planned, space, etc.) and "affordable" housing for the consuming public. All other area figures would remain constant. Though smaller lot size does not guarantee affordable housing alone, steps taken by the city to approach the problem presently and in the future) reflect social responsibility and positive direction. Page 9 Exhibit III illustrates various density calculations at varying lots sizes, providing density (units per acre) for a gross acre (43,560 sq.ft.), net street right -of- way, and net right-of-way plus park dedication. At the 13,500 sq.ft. figure the gross density exceeds the current ordinance maximum of 3.0; however, net street right -of -way density is 2.7 units per acre and 2.4 at the furthest extreme. The suggested 12,000 figure for R -1B equates to 3.1 net street right -of -way, only fractionally over the density requirement and of no significance. The important factor in our calculations and rationale-for these estimates is the use of an acre net street right - of -sway, which exists on all residential lots (using 15% as a general rule). The figures are reasonable and progress logically, pertinent to "practical dimension" - gross less right -of -way. other factors involved in our recommendation included lot frontage, depth, and side yard setbacks which will be discussed further. Eyeball examination" of sewer /water capacities stated in the Comprehensive Plan does not foresee problems. However, it would be in the city's interests to initiate a detailed study by Bonestro to assure the compatibility of these figures. We may find that some districts cannot handle the demands of this density level(s). To maintain the separation between PUD and conventional development, we suggest a reduction in the current minimums 18,500 and 15,000 and 15,000 respectively - to 15,000 and 13,500 and 12,000. These figures are, perhaps, more practical within the current environment yet provide an incentive to utilize the PUD concept, particularly if bonus point calculations are retained in whatever form. LOT SIZE 18,500 15,000 13,500 13,000 12,500 12,000 11,500 11,000 10,500 10,000 9,000 8,000 7,000 6,000 EXHIBIT III DENSITY CALCULATIONS GROSS AREA 43,560 SQ. FT. 2.4 2.9 3.2 3.4 3.5 3.6 3.8 4.0 4.1 4.4 4.8 5.4 6.2 7.3 NET STREETS, ROW, ETC. 37,026 SQ. FT. 85$) 2.0 2.5 2.7 2.8 3.0 3.1 3.2 3.4 3.5 3.7 4.1 4.6 5.3 6.2 Page 10 NET STREETS a PARK DED. 32,670 SQ. FT. 75 %) 1.8 2.2 2.4 2.5 2.6 2.7 2.8 3.0 3.1 3.3 3.6 4.1 4.7 5.4 Page 11 MINIMUM LOT WIDTH, DEPTH Exhibit IV illustrates various lot depth and width combinations for different lot areas. From a practical standpoint we established minimum /maximum lot depths of 100 and 200 ft. respectively. Current ordinance requires minimum lot width of 110, 90, and 50 ft. for single - family dwellings in the R -lA, R -1B, and R -2, and R -3 and R -4 districts respectively. On the basis of the 13,500 and 12,000 and 11,000 recommendations for lot area, we suggest: 90 ft. R -lA 75 ft. R -1B, R -2 50 ft. R -3, R -4 (no change) Requirements for two - family dwellings could be reduced to 90 ft. in the R -1B and R -2 districts and 75 ft. in the R -3 and R -4 districts, though we have not suggested revisions to lot area in this unit category. Cul -de -sac lots within the R -lA and R -1B districts could maintain a 50' front yard at street right -of -way as long as adequate side yard setbacks are established. Page 12 EXHIBIT IV LOT DEPTHS FRONTAGE 110 100 90 80 75 70 LOT AREA 18,500 168 185 206 15,000 136 150 167 188 200 13,500 123 135 150 169 180 193 12,500 114 125 139 156 167 179 12,000 109 120 133 150 160 171 11,500 105 115 128 144 153 164 11,000 100 110 122 138 147 157 10,500 - 105 117 131 140 150 10,000 - 100 ill 125 133 143 91000 - - 100 113 120 129 81000 - - 100 107 114 7,000 - - 100 6,000 Minimum depth at 100 feet; maximum depth at 200 feet. Page 13 MINIMUM SIDE YARD Current ordinance requires 15 ft. and 10 ft. for each side of a single - family dwelling in R -1A and R -1B districts, respectively, and 20 ft. total in the other districts. Though our initial thoughts were to maintain the current standards, reduction to a 10/15 or 10 /10 combination in the R -lA and R -1B districts could be substantiated without detriment to spacial concerns. Upon field examination, we do not find the Development Councils request for 5/10 setbacks to be acceptable beyond cul -de -sac application. ; Exhibit V provides scenarios for two different homes with 90 ft., 80 ft., or 75 ft. lot widths. 5F5 DRAFT AMENDMENT NO. 5 HEARING DATE: November 28, 1990 DESCRIPTION: This amendment is intended to restructure the portion of the Planned Unit Development section of the Plymouth Zoning Ordinance that deals with the expected attributes of a Planned Unit Development proposal. SECTIONS INVOLVED: Section 9, Subdivision B. EXPLANATION /PURPOSE: Since its initial adoption in the mid- 1970's the Planned Unit Development section of the Zoning Ordinance has been periodically revisited and from time to time amended to reflect perceived benefits and problems that have resulted by the application of this sophisticated development regulation device. The City Council and the Planning Commission in recent months on several occasions expressed concern with the difficulty of determining whether a'Planned Unit Development proposal provides the attributes expected of a PUD as they are now' defined in Paragraph 1 of Subdivision B, Section 9 of the Zoning Ordinance. These proposed amendments focus exclusively on Subparagraph c of this section of the Zoning Ordinance where five expected PUD attributes are provided. We have considered commentary of City Council and Planning Commission members concerning individual attributes, and by the amendments proposed incorporated what we believe to be the modifications necessary to address the current concerns that have been raised. The intended effect of these amendments is to modify or eliminate attributes currently in the ordinance which no longer enable the City to distinguish between PUD proposals and to clarify certain others of the attributes to enable the Planning Commission and City Council to determine with a greater degree of certainty whether the proposal qualifies as a Planned Unit Development within the definition of the Zoning Ordinance. An initial question concerning this section of the Zoning Ordinance is whether it is the intent of the City to disqualify a proposal from consideration as a Planned Unit Development if all of the stated attributes are not present in the project proposal._ The findings required by Section 9, Subdivision B, Paragraph 5c, with respect to the PUD Concept Plan does not include reference to whether the proposal complies with the PUD attributes or not. Section 9, Subdivision D, Paragraph 5j, however, requires the Planning Commission to base its recommendation to the City Council on Preliminary Plans /Plats in part on "compatibility with the stated purposes and intent of the Planned Unit Development Since the attributes are an integral part of the Paragraph 1 of this subdivision entitled "purpose ", the compliance of the plan with the attributes listed has Page Two often been a basis for the recommendation of the Planning Commission to the City Council regarding the Preliminary Plan. Since by that time the Concept Plan has already been approved, the question of whether the proposal qualifies as a PUD should have already been rendered. Based on the foregoing we are assuming that it is the intent of the ordinance that the question of whether a proposal is a PUD or not is not addressed by its compliance to the attributes under consideration. As suF, it is not an all or nothing" question with respect to compliance with the attributes. We are suggesting that the degree to which a proposal responds to the attributes one or more) will however become the foundation upon which staff, the Planning Commission and the City Council measures the degree of flexibility in design that will be afforded to a particular development proposal (flexibility from the "standard" Zoning Ordinance specifications and standards). Even if a PUD proposal would not respond to one or more of the attributes, it still could be a Planned Unit Development, but perhaps one where Zoning Ordinance flexibility would be more limited than with a proposal that better responds to the attributes. It is not the intent therefore for these amendments to modify the judgmental or subjective nature of the decisions and recommendations that must be made with respect to each individual PUD. The intent with respect to changes regarding the specific PUD attributes listed in Section 9, Subdivision B, Paragraph 1c is as follows: 1) No change is recommend with respect to the attribute involving new technology and building design, construction and land development. We believe it is clear what is intended by this, and we point to such development concepts as the original "Tiburon" and the more recent Laukka Development "Zipper -Zee" as types of development that respond to this attribute. In our view very few projects we have seen to -date actually present attributes related to "new" technology. At some point "new" becomes "accepted" and therefore does not become an attribute. 2) Because of specifications found in the Subdivision Ordinance and in other sections of the Zoning Ordinance all development proposals presented to the City of Plymouth require the use of trained and experience professionals. At the time of the drafting the Planned Unit Development ordinance this may not have been the case therefore resulting in this as possible PUD attribute. This attribute can be eliminated since little distinction is possible without rendering value judgments as to the relative merits of various consulting firms. 3) Efficiency and effectiveness of the use of public streets, utilities and other public facilities resulting in high quality development remains an important aspect of urban design. Considerations of a capital cost of, continuing operations cost of, and replacement cost for urban infrastructure certainly cannot be overlooked. We have added to this attribute the term "demonstrated ". This means that the Page Three proponent of a PUD must prove to us that he has provided more efficient and effective use of infrastructure components than would be expected from a lesser design or from conventional subdivision development. We would anticipate this to be in the form of quantitative data verifiable by the Director of Public Works. We are also recommending removal of the term "at lesser cost ". 4) We have modified attribute No. 4 to provide emphasis on the demonstration by the project proponent that the recreation facilities and other public and common facilities are truly more usable and suitably located than under conventional land development procedures. We are also adding the term "where proposed ". By this addition an important policy change is produced that removes a requirement that recreation facilities be included with each and every PUD. There may be instances where active recreational facilities are clearly not appropriate and therefore a PUD should not be penalized for the lack of such facilities. 5) This attribute has become increasingly important in recent years but was a critical element of the original concept embodied in the Planned Unit Development ordinance philosophy. We are recommending amendment to this attribute to more clearly define the desirable natural site characteristics in terms of the Physical Constraints Analysis. CONCLUSIONS /REC"ENDATIONS: Based on the foregoing discussion of the purposes and intent of the amendments proposed we recommend amendment to the Zoning Ordinance in Section 9, Subdivision B, Paragraph 1c as follows: allu y, .. - - - -_ deyelepmeLandse 3) Demonstration of more efficient and effective use of streets, utilities and public facilities to yield high quality development. at- a lesser eest. 4) Where proposed, mere usable and suitably leeat recreation facilities and other public and common facilities shall be more usable and suitably located than would otherwise be provided un er conventional land development procedures. 5) Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics as defined by the Plymouth "Physical Constraints Analysis ". Attachments: 1. Zoning Ordinance Extract (Page 9 -5) Underscore - indicates new text 3tri Feeat - indicates deleted text pc /cd /zo.5) Planning ommiss January 30, 1991 Page 19 Chairman Plufka introduced the Zoning Ordinance ZONING ORDINANCE Amendment regarding Planned Unit Development Attributes AMENDMENT FOR PUD which was continued from the December 5, 1990 meeting. ATTRIBUTES Chairman Plufka opened the Public Hearing. Chairman Plufka closed the Public Hearing as there was no one present to speak on the issue. MOTION by Chairman Plufka, seconded by Commissioner Wire MOTION TO APPROVE to recommend approval of the Zoning Ordinance Amendment regarding Planned Unit Development Attributes. Roll Call Vote. 6 Ayes, Commissioner Marofsky, Nay. VOTE - MOTION CARRIED MOTION carried. Commissioner Marofsky stated that he felt the Zoning Ordinance should be substantially revised regarding the Planned Unit Development Attributes. Chairman Plufka stated that he agreed and it was the consensus of the entire Commission that this should be done. Chairman Plufka introduced the request of Robert ROBERT GERSBACH Gersbach for a Lot Division to create an 18,700 square (90110) foot lot and an 84,478 square foot lot; and Variance to allow a 50 foot front lot width located at 700 Harbor Lane. Coordinator Dillerud reviewed the January 17, 1991 Staff Report. Chairman Plufka questioned whether the east end of this site will abut what in the future could be Fernbrook Lane. Coordinator Dillerud responded that Fernbrook Lane will be proposed by a- future development. Chairman Plufka introduced Mr. Peter Knaeble, representing the petitioner. Mr. Knaeble stated that the petitioner would like to vacate the drainage easement to Parcel B in the future; and would like sewer and water access for Parcel B to be permitted from Harbor Lane if it is not available from the north at the time of development. MOTION by Commissioner Stulberg, seconded by MOTION TO APPROVE Commissioner Tierney to recommend approval of the request by Robert Gersbach for a Lot Division to create an 18,700 square foot lot and an 84,478 square foot lot; and Variance to allow a 50 foot front lot width located at 700 Harbor Lane. VOTE. 7 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Planning Commission January 30, 1991 Page 20 Commissioner Marofsky stated that the Planning Commission needs to discuss Planned Unit Development Attributes. Coordinator Dillerud stated that the Commission should give staff clear definition of what they feel is wrong or troublesome with the PUD Ordinance. Chairman Plufka stated that the Commission should discuss the issues in the letter from Commissioner Zylla dated January 21, 1991 and give staff some direction as to what information they would like. The Commission discussed Item 1 from Commissioner Zylla's letter regarding the requirement of lot dimensions and square footage on Concept Plans. Commissioner Zylla stated he was bothered by reduction in lot sizes and setbacks. He said he felt the PUD Ordinance was valuable and that a Development Contract should be used for flexibility of each phase of a development. Commissioner Pierce agreed that lot size should be included in the Concept Plan. Chairman Plufka stated that a PUD allows flexibility and some smaller lots sizes to go with the lay of the land; but some developers simply use the PUD to squeeze more lots into a given parcel of land. The Commissioners agreed unanimously that the wanted staff to respond to Item 1 of Commissioner Zylla's letter. The Commission discussed Item 2 of the memo regarding Commissioner Zylla's comments on bonus points. Chairman Plufka stated that he did not feel developers should received points for project size. Commissioner Marofsky stated that he would like bonus points eliminated from the Ordinance. Commissioner Stulberg stated that he was in favor or the bonus points and felt project size is a benefit and should be rewarded; such as combining two developments with multiple owners. Chairman Plufka stated that the Bonus Table should be eliminated or have major revisions. Commissioner Wire stated that the Bonus Table should be looked at but that he felt major revisions were unnecessary. Planning Commission January 30, 1991 Page 21 Minutes Commissioner Stulberg stated that goals should be defined for bonus points that could provide incentives for the developers. Commissioner Marofsky said that bonus points should be discretionary and not awarded according to a formula. Commissioner Tierney stated that perhaps staff could look at past PUD's and analyze them in relationship to bonus points. The Commissioners agreed unanimously that we want staff to research this issue. The Commission further discussed Item 3 - regarding reduction of side yard setbacks; Item 4 - regarding exclusion of wetlands from density calculations; Item 5 - variety of housing types in LA -1 only under tighter conditions; and, Item 6 - regarding conventional platting rather than PUD's. A suggestion was made that a separate resolution should be required at the concept stage stating that a PUD would be allowed because the request meets all attributes of a PUD established by the Zoning Ordinance. The Commission agreed unanimously to all points in Commissioner Zylla's letter of January 21, 1991 as areas they want staff to research and bring back to the Planning Commission in the near future. Meeting adjourned at 10:45 p.m. i