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HomeMy WebLinkAboutPlanning Commission Packet 07-24-1991REPORT DATE: FILE NO.: PETITIONER: REQUEST: LOCATION: 5.Q CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT July 10, 1991 COMMISSION MEETING DATE: July 24, 1991 91052 Deltak Corp. SITE PLAN AND CONDITIONAL EXPANSION TO OUTSIDE STORAGE. 13330 12th Avenue North USE PERMIT AMENDMENT FOR GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I -1 (Planned Industrial District) BACKGROUND: On April 5, 1976, by Resolution 76 -176, the City Council approved a Conditional Use Permit and Site Plan for 38,830 square foot industrial /office building. Several additions, lot divisions and revised screening plans were approved by the City Council in the years 1977, 1979 and 1981. The most recent plan approved for this site occurred in April, 1988 when Administrative Approval was granted for the addition of 2,016 square feet addition. This last addition was not constructed. Notice of this Public Hearing has been published in the official City newspaper, and all property owners within 500 feet have been notified. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes an expansion of the existing outside storage previously approved by a Conditional Use Permit) at the northwest corner of the site. The outside storage area would be extended 160 feet west and from the building 100 feet north, for total expansion of 16,000 square feet. The applicant proposes to construct an eight foot redwood fence to screen this additional outdoor storage along the north exposure of the site (as an extension of the existing six foot redwood fence), and, along the westerly exposure of the outdoor storage (relocated from its previous position - screening from Xenium Lane). The new outdoor storage area would not extend beyond the setback of the existing structure to Xenium Lane. 2. Outside storage in the I -1 (Planned Industrial) Zoning District is allowed only with the approval of a Conditional Use Permit consistent with the provisions of Section 8, Subdivision D, Paragraph 2 of the Plymouth Zoning Ordinance. Section 10, Subdivision C, Paragraph 4b of the Zoning see next page) Page Two File 91052 Ordinance provides that any outdoor storage shall be located and screened per plans approved by the City so as not to be visible from any classes of residence district, from adjoining property, or from the public street. Screening of outdoor storage from adjoining property and from the public street in the industrial district may be waived totally or partially by the City Council in conjunction with the Conditional Use Permit for outside storage. 3. Development Review Committee analysis of this proposal has identified incomplete screening of existing outdoor storage for this site consisting of breaks in that screening from adjacent property along the north and east property boundaries. Since the waiver provisions referenced above with regard to screening of outdoor storage were added to the Zoning Ordinance in 1991, no specific waiver has been granted in the past to allow these breaks in the screening, although one could now be granted consistent with the current ordinance provisions. 4. Any Conditional Use Permit must be responsive to the six specific conditional use standards found in the Zoning Ordinance, a copy of which is attached. We have also attached a copy of the petitioner's response to those Conditional Use Permit standards. 5. The products to be stored outside include both raw materials used in the manufacturing process of Deltak (primarily steel) and, manufactured products of Deltak awaiting shipment (heat recovery assemblies). 6. While the Conditional Use Permit application for increased outdoor storage is a result of a zoning violation action, no specific complaints have been received from either the general public or adjoining property owners regarding the current outdoor storage activity at Deltak. PLANNING STAFF COMMENTS: 1. The proposed Conditional Use Permit and Site Plan amendment for outdoor storage complies with the six Conditional Use Permit standards and Zoning Ordinance standards provided for by the Zoning Ordinance. 2. We find no evidence of previously approved variances to allow the "breaks" in the screening of outdoor storage that exists along the north and east property lines, and the Zoning Ordinance until recently has not allowed a waiver as a part of the Conditional Use Permit process. Considering the location and type of use of the adjacent properties to the north and east we find the granting of waivers to allow breaks in the screening as appear by the plan last dated July 5, 1991 to be consistent with the intent of the Zoning Ordinance and a waiver to permit the continuance of those breaks and screening is recommended. see next page) Page Three File 91052 RECOMMENDATION: I recommend adoption of the attached resolution providing for the approval of an amended Conditional Use Permit and Site Plan to allow an expansion of the outdoor storage and to grant a waiver of screening requirements to adjacent properties to reflect the existing breaks in the screening of the site on the north and east property lines consistent with plans last dated July 5, 1991. Submitted by: ATTACHMENTS: 1. Resolution Approving Amended Conditional Use Permit and Site Plan 2. Conditional Use Permit Standards 3. Petitioner's Narrative 4. Location Map 5. Site Graphics pc /jk/91052) APPROVING AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR DELTAK CORP. 91052) WHEREAS, Deltak Corp. has requested approval for an Amended Conditional Use Permit and Site Plan to allow expansion to outside storage for property located at 13330 12th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Deltak Corp. for an amended Conditional Use Permit and Site Plan to allow expansion to outside storage property located at 13330 12th Avenue North, and 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 Deltak Corp. for this property and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. All parking shall be off - street in designated areas which comply with the Zoning Ordinance. 5. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 6. Any signage shall be in compliance with the Ordinance. No new signage is hereby approved. 7. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 8. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 9. All waste and waste containers (including those for recycling) shall be stored within the approved enclosure. 10. A waiver is hereby approved consistent with the provision of Section 10, Subdivision C, Paragraph 4b. of the Zoning Ordinance to allow breaks in the screening along the north and east property lines per the plans dated July 5, 1991. res /pc/91052) City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: July 17, 1991 FILE NO.: 91052 PETITIONER: Mr. John Nemac, Deltak Corporation, 13330 12th Avenue North, Plymouth, MN 55441 SITE PLAN: OUTSIDE STORAGE - DELTAK CORPORATION LOCATION: East of Xenium Lane, north of 12th Avenue in the northeast 1/4 of Section 34. N/A Yes No 1. _ X _ Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2• Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL /EASEMENTSIPERMITS: 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 (101) 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 MN DOT Hennepin County MPCA State Health Department Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ XX _ 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. XX _ 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 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. 18. X _ _ 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. 19. X _ _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and N/A Yes No 20. _ X _ All existing street right -of -ways are required width - Additional right -of -way will be required on 21. _ X _ 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. 4- PA'AP 23. N/A Yes No 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 where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. X{ _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100X crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100X crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. mzIio N/A Yes No 24. _ X{ It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ _ _ 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. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Item No. 27A. 111- 27. A. The sanitary sewer manhole within the outside storage area shall be adjusted accordingly and inspected by the City. Submitted by: "V7 cGcfi Daniel L. Faulkner, P. E. City Engineer sm LO Z 60100 FR14 SDCFICN 9, S[NDIWSICN A 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Carmission for purposes of evaluation against the standards of this section, Public Hearing, and development of a reconnmendation 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) Carpliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will pranote 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 DELTEK CORPORATION REQUEST FOR SITE PLAN AMENDMENT /CONDITIONAL USE AMENDMENT OUTSIDE STORAGE ENLARGEMENT, NORTH SIDE June 8, 1991 DESCRIPTION OF PROPOSED IMPROVEMENT Deltek Corporation is located at 13330 12th Avenue North in the City of Plymouth, at the northeast corner of Xenium Lane and 12th Avenue North. It is located on two (2) land parcels, consisting of a total of 11.4 acres. Original site construction was apparently completed under a Conditional Use Permit, amended in 1981 with construction of an addition to the building. Minor cosmetic type outside improvements were subsequently completed in 1981 and 1988, as indicated on the attached as -built survey. The original site plan approvals included an outside storage area as shown on the as -built survey. Under the enclosed request, the Owner.proposes to add a- bituminous surface to the storage area within the redwood fence shown on the as -built survey. The area is presently surfaced with a crushed concrete aggregate. The Owner additionally proposes to enlarge the storage area by addition of a 60' x 100' paved pad westerly of the redwood fence, as shown on attached Sheet 2. Part of the redwood fence would be removed and a new 8' high redwood fence constructed around the outer edge of the storage area to screen the storage from visibility to the street and adjacent properties to the north. The proposed storage expansion will have no impact on existing trees or shrubbery in the vicinity of the construction. The rate of stormwater runoff within the 60'x16O' expansion area will change from approximately 0.3 cfs for the sod to approximately 0.5 cfs for the paving. The amount of change is negligible in relation to the overall site and should have negligible impact on the existing northeasterly drainage swale. The proposed improvement is consistent with the zoning previously approved for the site and, in this context, will not affect the comprehensive plan for this area. The Conditional Use Amendment will promote and enhance the general public welfare by providing on -going employment and will not be detrimental to or endanger the public health, safety morals or comfort. The proposed improvement is consistent with other industrial uses in the area and will not diminish or impair property values, nor will it impede the normal and orderly development of surrounding properties. Fire lanes already designated will not be affected. The storage enlargement does not affect ingress, egress or parking within the site. MI L lion ACC Ily• 4 1 R I No"ON MEi s WIN CY Ih NO zx- CL Do GJ VP Lo pq wo Z LA ZL v j 5.8 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 10, 1991 COMMISSION MEETING DATE: July 24, 1991 FILE NO.: 91057 PETITIONER: William LaTour REQUEST: APPROVAL OF A 10 LOT PRELIMINARY PLAT; REZONING OF A 9.7 ACRE TRACT FROM FRD (FUTURE RESTRICTED DEVELOPMENT) TO THE R -1A (LOW DENSITY SINGLE FAMILY DISTRICT) AND A VARIANCE REQUEST FOR THE MINIMUM LOT WIDTH OF ONE LOT AND FOR A VARIANCE FROM THE MAXIMUM LENGTH OF A CUL -DE -SAC. LOCATION: South of Greenwood School and West of County Road 101 (at approximately 35th Avenue North extended) GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: FRO (Future Restricted Development District) BACKGROUND: There are no Community Development Department files on this parcel. On June 17, 1991 the City Council approved the Final Plat and Development Contract for the "Boulder Crest" subdivision on a parcel lying immediately south of this parcel. As this proposal is designed, exclusive access is through the Boulder Crest development, and the design of the north tier of lots in Boulder Crest is partly responsive to a need to reduce the length of cul -de -sac that would be required to serve this parcel. Notice of this Public Hearing has been published in the official City newspaper, and all property owners within 500 feet have been notified. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes a conventional Preliminary Plat to create 10 single family detached building lots on a site of 9.7 acres. Minimum lot size proposed is 18,500 square feet, the R -1A zoning district minimum. Most lots proposed exceed the 18,500 square feet minimum substantially. 2. Proposed are two variances from subdivision code standards, as follow: a. To construct a cul -de -sac 560 feet in length (from the property line) versus the ordinance standard of 500 feet. see next page) Page Two File 91057 b. To create a lot (Lot 2) 25 feet in width at the front setback line versus the ordinance standard of 110 feet. 3. The Preliminary Plat meets or exceeds all subdivision and zoning ordinance standards for conventional subdivision plats in the R -1A zoning district except those noted above. 4. The site is located in the Bassett Creek Watershed District; contains no Shoreland Management Overlay District or Floodplain Overlay District; does contain a small amount of land that may be federally protected wetland in the extreme western periphery; contains no woodlands of significance; contains no slopes of over 12 %; and, is generally suitable for urban development with public sanitary sewers. No development of the site or grading will take place in the area that may contain federally protected wetlands. The proposed Preliminary Plat responds favorably to the constraints found in the Physical Constraints Analysis. 5. The design of the plat with respect to access was discussed at length during the Preliminary Plat consideration of the "Boulder Crest" plat located immediately to the south. The design of the Boulder Crest plat was modified at the recommendation of the Planning Commission to bring 34th Avenue North further north in an effort to reduce the ultimate length of the cul -de -sac serving this site. Access to this site by a cul -de -sac street has been assumed in the design of the subdivision immediately to the south (Boulder Crest). 6. The applicant proposes creation and dedication of " Outlot A and the construction of a trail to standard city specifications to provide access from this plat, and, potentially, the Boulder Crest plat to the south to the Greenwood School site located immediately to the north. The Director of Parks and Recreation has recommended the City accept Outlot A and grant the developer credit for the land area dedicated and the cost of constructing the trail within that corridor. 7. The Subdivision Ordinance in Section 500.41 provides that variances may be granted by the City Council upon a recommendation of the Planning Commission from provisions of the Subdivision Ordinance, but not unless three specific findings remain. A copy of those findings together with the applicant's response thereto is attached to this report. PLANNING STAFF COMMENTS: 1. The Preliminary Plat except with respect to the variances noted below, meets or exceeds the requirements of the Plymouth Zoning Ordinance and Subdivision Code with respect to the development of conventional plats in the R -1A Zoning District. 2. The variances requested comply with the subdivision variance criteria of the Subdivision Code. The unique shape of the parcel when coupled with the physical constraints of the existin wetlands forms the basis for the driveway corridor proposed for Lot 2. see graphics) see next page) Page Three File 91057 3. Rezoning from FRD (Future Restricted Development) to R -1A (Low Density Residential) is consistent with the Land Use Guide Plan. RECOMMENDATION: I recommend adoption of the attached resolutions providing for the approval of the Preliminary Plat and General Development Plan; an ordinance to rezone from FRD to R -1A; and a resolution setting a condition to rezoning prior to publication. — /1 , Submitted by: ATTACHMENTS: 1. Resolution Approving Preliminary Plat and General Development Plan 2. Ordinance Approving Rezoning 3. Resolution Setting Condition Prior to Publication of Rezoning Ordinance 4. Engineer's Memo 5. Subdivision Ordinance Variance Criteria 6. Applicant's Narrative 7. Location Map 8. Site Graphics pc /jk/91057) APPROVING PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN FOR WILLIAM LA TOUR FOR GREENWOOD PONDS. WHEREAS, William LaTour has requested approval for a Preliminary Plat and General Development Plan for Greenwood Ponds, a plat for 10 lots on 9.7 acres located south of Greenwood School and west of County Road 101 (at approximately 35th Avenue North extended); 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 hereby does approve the request by William LaTour for a Preliminary Plat for Greenwood Ponds for 10 lots located south of Greenwood School and West of County Road 101 (at approximately 35th Avenue North extended), subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No building permits shall be issued until a contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat with appropriate credit for the dedication to the City of Outlot A and the construction of a trail, to City specifications, within Outlot A. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 9. Variances are approved based on compliance with the variance criteria as follow: a. To construct a cul -de -sac 560 feet in length (from the property line) versus the ordinance standard of 500 feet. b. To create a lot (Lot 2) 25 feet in width at the front setback line versus the ordinance standard of 110 feet. res /91057.pp) CITY OF PLYMOUTH ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED SOUTH OF GREENWOOD SCHOOL AND WEST OF COUNTY ROAD 101 (AT APPROXIMATELY 35TH AVENUE NORTH EXTENDED) AS FRD (FUTURE RESTRICTED DEVELOPMENT) (91052) Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by changing the classification on the City of Plymouth Zoning Map from FRD Future Restricted Development) District to R -1A (Low Density Single Family) District with respect to the hereinafter described property: Insert Legal) Section 2. General Development Plan. This Ordinance authorizes the development of said tracts only in accordance with the Plan approved for the File No. 91052. Section 3. Effective Date. This Ordinance shall take effect upon filing the Final Plat with Hennepin County and upon its passage and publication. Adopted by the City Council ATTEST City Cle File 91052 pc /cd/91057) day of . Mayor SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR WILLIAM LA TOUR FOR GREENWOOD PONDS (91057) WHEREAS, the City Council has approved an Ordinance rezoning certain land located south of Greenwood School and west of County Road 101 (at approximately 35th Avenue North extended) from FRD (Future Restricted Development) District to R -1A (Low Density Single Family) District in conjunction with approval of the Preliminary Plat for Greenwood Ponds; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for Greenwood Ponds to be filed with Hennepin County prior to the publication of said Ordinance. res /pc /91057.sc) City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: FILE NO.: PETITIONER: PRELIMINARY PLAT: LOCATION: N/A Yes No July 16, 1991 91057 William LaTour, 3525 County Road 101, Plymouth, MN 55447 GREENWOOD PONDS 3525 County Road 101 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: Watermain area assessment based on 9.7 acres - 1.4 acres pond - A.38 acres x $1,580 - $13,114 Sanitary sewer area assessment based on 9.7 acres - 1.4 acres pond - A.3 acres x 9880 per acre - $7,304. 5. Other additional assessments estimated: Project 016- Pond BC -P1 estimated assessment $387,54, N/A Yes No 6. _ _ X Complies with standard utility /drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. _ _ X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. 8. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. 401,0114144dm 9. X All existing unnecessary easements and rights -of -way have been vacated It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MnDOT X Hennepin County X MPCA X State Health Department Bassett Creek Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers Other The developer must comply with the conditions within any permit. 2 - Ld TRANSPORTATION: N/A Yes No 12. X _ Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. The street name shall be confirmed by the Building DeRartment . 13. _ X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X _ _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and 15. _ _ X All existing street rights -of -way are required width - Additional right -of -way will be required on 17 feet of right- of -wav will be required for County Road 101 making the total distance from center line 50 feet. N/A Yes No 16. _ X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 - N/A Yes No C C 17. _ X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. 18. _ X_ Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. 19. _ —2L Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. The minim= basement elevations shall be 1002 for Lots 1 and 2, Block 1 and 1001 for Lots 1. 2 and 3, Block 2. N/A Yes No 20. The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. _ X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. _ X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right -of -way. All water connections shall be via wettan. 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Shall comply with all agency permits. 24. A. The final plat of Greenwood Ponds will require the extension of the utilities through the Boulder Crest Addition prior to a final plat being approved by the City Council. 7 Submitted by: 6t-z, Daniel L. Faulkner, P.E. City Engineer 5 - 1. General Conditions. The Planning Commission may recommend a variance from the provisions of this Section (500.41) as to specific properties when, in its judgment, an unusual hardship on the land exists. In granting a variance, the Commission may prescribe conditions that it deems necessary or desirable in the public interest. In making its findings, as required below, the Commission shall consider the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds: a. That there are special circumstances or conditions affecting the specific property such that the strict application of the provisions of this Section would deprive the applicant of the reasonable use of the land. b. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. c. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The Commission findings in granting or denying a variance shall be in writing and filed with the City Clerk. 2. Application Reguised. Applications for any variance under this Subsection shall be submitted in writing by the owner or subdivider at the time the preliminary plat is filed for consideration by the Planning Commission, and shall state all facts relied upon by the applicant, and shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan for the proposed project. fonns:o >pl /sub.stnd /s) 10/89 William H. La Tour 3525 Co. Rd. 101 No. Plymouth, Mn. 55447 June 21,1991 City of Plymouth Community Development Department 3400 Plymouth Boulevard Plymouth, Mn. 55447 Ref: La Tour Property rezoning Dear Staff JUN ° Q1 CIT`s, I-r. H COMMUNITY DEVLLGPMENT DEPT 9 L05-7 As owners of approximately 10 acres In the city of Plymouth, It Is our desire to submit a preliminary plan dividing this land into single family lots. This property in its entirety is the total land owned in Hennepin County by us. It is also our homestead. It is our intention to subdivide this property into ten separate lots including our home. We feel this subdivision will compliment the Boulder Crest development and enhance the area soon to be served by utilities. Rezoning and developing this property will allow access by children to Greenwood Elementary school by the anticipated walk path to be built. We are aware of the great Importance of maintaining wetlands and trees and have taken seriously our plot not to destroy this wonderful nature. We appreciate the city staffs effort to help us bring this project to a successful conclusion for the benefit of the city as well as us. I am looking forward to working hard on any requests you may make. Please accept Judy's and my gratitude in advance for all of your efforts. Sincerely, William H. La Tour Judy A. La Tour 1 910 s'7 i.D JUN f'- -, William H. La Tour 3525 Co. Rd. 101 No. HPlymouth, Mn . 55447 COMMUNITY DEVELut -MENT DEBT, June 21,1991 City of Plymouth Community Development Department 3400 Plymouth Boulevard Plymouth, Mn. 55447 Ref: GREENWOOD PONDS Variance request west lot #2 Dear Staff We hereby request the city staffs consideration for an access variance on theabovementionedlot. Due to the wetland area of this parcel which is approximately 4 acres, a variance from current city codes is In order to helpusmaintainandmaximizeallwetlands. Lot 2 requires a set back that would accommodate a longer than normal driveway. Due to street access and the adjoining school property entirely open to the north, accessibility for public safety vehicles is available and would not be detrimental to others. This lot would enhance the adjoining property (lot 1) as this is such a large lot maintaining it would be easier than if lot 2 did not exist. Your help in this matter is greatly appreciated. Sincerely, William H. La Tour udy A. La Tour 1 f 1 July 11, 1991 Mr. Charles Dillerud Planning Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, MN. 55447 Dear Mr. Dillerud: Re: Greenwood Ponds My preliminary plat contains two variances to the Plymouth Subdivision Code. One variance is for lot width for Lot 2 Block 1, and one variance is for culdesac length. My plat contains a culdesac approximately 75 feet longer than the 500 foot distance recommended by Code. It is my position that the variance standards to the Code are met based on the following unique conditions to the property: CULDESAC LENGTH My 9.7 acres is the "last" piece of land to be developed in this neighborhood. My land is constrained by Greenwood Elementary School on the north and the Boulder Crest plat on the south. Amber Woods is to the west and County Road 101 is to the east. Neither the County nor City wishes to grant access to County Road 101, and had 34th Avenue in the Boulder Crest plat been routed closer to my property line, no variance would be necessary. Reducing the length of Ranier Lane to 500 feet adversely affects the layout of the four easterly lots, creates lot width variances and changes the location of the outlot. LOT WIDTH Nine of the ten lots are to the R1A standards for lot area and width at the setback line. Lot 2 Block 1 is limited in width to code as a result of the narrow shape of my property and the constraint of the wetlands to the west. It should be noted that Lot 2 is 58,800 square feet in area; significantly above R1A code requirements. I respectfully request that the variances be granted as part of the preliminary plat approval. Sincerely, Bill Latour Petitioner JUL 11 1991 Cis 1 (1} UTHCOM, VU N' TY GE E OrffE T DEFT. i o• A CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 10, 1991 COMMISSION MEETING DATE: July 24, 1991 FILE NO.: 91043 PETITIONER: Len Busch Roses REQUEST: SITE PLAN AMENDMENT FOR CONSTRUCTION OF FOUR ADDITIONAL GREENHOUSES. LOCATION: North of Medina Road, West of County Road 101 GUIDE PLAN CLASS: LAR (Living Area, Rural) ZONING: FRD (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 ( #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 Resolution 90 -355. At their July 22, 1991 meeting, the City Council will review a proposed landscaping berm along Medina Road which is intended to fulfill the landscaping agreement approved on December 10, 1990. The Planning Commission recommended approval of the landscape berm at the June 26, 1991 meeting. A report concerning the City Council action on the landscape berm will be presented at the Planning Commission meeting on July 24, 1991. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes the construction of four additional greenhouse structures totalling 62,543 square feet as additions to the existing greenhouse facility which now covers 235,210 square feet on the 35.94 acre parcel. The additions would be identical in appearance to the existing greenhouses, and pursuant to the agreement between Len Busch Roses and the City of Plymouth, the new greenhouses would all be screened from the vertical emission of light in a manner identical to that of the existing on the greenhouses constructed in 1990. 2. The parcel on which the new greenhouses are proposed is one of three owned by the Len Busch firm. A second parcel, lying to the northeast, and consisting of 20 acres is the location of another greenhouse complex of about the same size. The third parcel, lying north of the subject parcel, of approximately 80 acres remains open agricultural land. A home is also located on the subject parcel. see next page) Page Two File 91043 3. The subject parcel is located in the Elm Creek Watershed District and contains no existing or planned hydrological features, including flood plain or storm water ponding. The site is not within a Shoreland Overlay District nor is it a part of a DNR designated protected wetland. The north central portion of the site appears to include an area of Federally regulated wetland. No woodlands of significance nor slopes over 12 percent appear on the site. A portion of this site, related to the area previously identified as a potential Federal wetlands is found to be unsuitable for either agricultural development or urban development, with or without public water and sewer. With this noted constraint, the site is generally suited for development. The proposed additions to the greenhouse. facility, based on recent aerial photos of the site, do not appear to conflict with what remains of the wetland area in the north central portion of the site. It appears that filling this wetland area has taken place prior to the time the aerial photos were taken in May, 1989. No further encroachment on existing physical site constraints will take place as a result of the additions here proposed. 4. The Development Review Committee has reviewed the limited Site Plan information that has been submitted together with this application for compliance with those City Codes, Standards and Policies that would be applicable for development of this type of structure for this type of use in the FRD District. The absence of public utilities serving this site either now or in the foreseeable future results in certain public utility items normally reviewed during the DRC process not appearing on the Site Plan Graphics. The site is located in the Elm Creek Sanitary Sewer District and does not have access to sewer under construction to serve land south of Medina Road. The applicant and his engineer have been supplied the checklists for Site Plan submission but have not addressed such factors as site landscaping, trash containment, or offstreet parking with their Site Plan graphics. 5. With respect to Zoning Ordinance setback provisions for structures, the proposed additions to the greenhouse facility meet or exceed all Zoning Ordinance provisions related to nonresidential uses in the FRD Zone. The minimum lot width of 500 feet is not met with respect to the westerly portion of the subject lot, but this being a Lot of Record, no variances are required. Ground coverage for structures on this parcel is currently 15.02 percent and would become 19.17 percent with the additions proposed by this Site Plan application. Maximum lot coverage by structures in the FRD District is 20 percent. No additional structures could be constructed on this parcel in compliance with Zoning Ordinance standards with regard to coverage. see next page) Page Three File 91043 PLANNING STAFF COMMENTS: 1. Except with respect to the Site Plan data and information that is not supplied, we find the proposed Site Plan to be consistent with the standards of the City Ordinance and Policies. RECOMMENDATION: I recommend the Planning Commission initially make a finding as to the propriety of the proposed site improvements - or lack of improvements, such as paving and landscaping. Does the FRD status and the current lack of public utilities constitute sufficient basis for site development to standards less than required in the urbanized part of the City? If the level of proposed site improvements is found to be adequate for this situation at this time, I then recommend adoption of the attached draft resolution providing for the approval of the Site Plan for Len Busch Roses to construct a 62,543 square foot addition to the existing greenhouse facility located north of Medina Road and west of County Road 101. Submitted by: Cha s E. Dille ATTACHMENTS: 1. Resolution Approving Site Plan 2. Engineer's Memo 3. Resolution 90 -778 4. Lighting Agreement 5. Location Map 6. Site Graphics pl /jk/91043) y Development Coordinator APPROVING SITE PLAN AMENDMENT FOR LEN BUSCH ROSES FOR CONSTRUCTION OF FOUR ADDITIONAL GREENHOUSES LOCATED NORTH OF MEDINA ROAD, WEST OF COUNTY ROAD 101 91043) WHEREAS, Len Busch Roses has requested approval for an Amended Site Plan for the construction of four additional greenhouses totalling 62,543 square feet located north of Medina Road, west of County Road 101; and, WHEREAS, the Planning Commission has reviewed said request 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 four additional greenhouses located north of Medina Road, west of County Road 101; 1. Compliance with the City Engineer's Memorandum. 2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 3. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 4. Compliance with the Ordinance regarding the location of fire lanes. 5. All waste and waste containers shall be stored within the enclosure or structure, and no outside storage is permitted. 6. 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. 7. Compliance with applicable conditions of Resolution 90 -355 (Original Site Plan) and 90 -778 (Lighting Agreement). res /pc/91043) City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: July 17, 1991 FILE NO.: 91043 . PETITIONER: Mr. Len Busch, Len Busch Roses, 4045 County Road 101, Plymouth, MN 55446 SITE PLAN: GREENHOUSE ADDITION LOCATION: North of Medina Road, west of County Road 101 in Section 18. N/A Yes No 1. _ _ X Watermain area assessments have been levied based on proposed use. 2. _ _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated Area assessments will be levied when this Parcel is included in MUSA boundary. 5. Other additional assessments estimated: See Item No. 4. LEGALIEASEMENTSI EPRMITS 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.) Standard drainage and utility easements will be required with any subdividing of the property or with the final plat, 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. SPAT 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 MN DOT Hennepin County MPCA State Health Department Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. XX _ _ 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 - 15. X 16. X -- 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. 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. 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 _ _ 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. 18. X _ _ 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. 19. X _ _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and N/A Yes No 20. _ X _ All existing street right -of -ways are required width - Additional right -of -way will be required on 21. X _ _ 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. 4- N/A Yes No 22. 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 where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. X _ _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100X crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100X crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City'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. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. 5- 27. A. Submitted b 7 Daniel L. Faulkner, P. E. 11r.11 City Engineer 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. The following members were absent: Co n_ci_1member 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 n 12/10/90 THIS AGREEMENT is entered into this day of it 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..c._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. 1 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 acreened, 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. 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 w , 9164"A I [%v.1M-,l 0 1 M Fil no Li A - Z cr cc wL 0. to U) Ld U) 0 < cr U. w z w z cr cy CY SD 7 Z0CO =) 0wmzU 0 Z U Z(.) (L w LLI w cr z n Z w izw U 2 IL--a-2L Za 14. 00 cr LLI CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 10, 1991 COMMISSION MEETING DATE: July 24, 1991 FILE NO.: 91059 PETITIONER: Caliber Development Corporation REQUEST: LOT DIVISION /LOT CONSOLIDATION AND VARIANCE REQUEST FOR CHESHIRE BUSINESS CENTER FOR A ONE FOOT SETBACK FROM THE SIDE AND REAR LOT LINE TO DRIVES, A 3.5 FOOT SETBACK FROM THE SIDE AND REAR LOT LINES TO PARKING, AND A 30 FOOT SETBACK FROM THE REAR PROPERTY LINE TO THE BUILDING. LOCATION: 2600 Fernbrook Lane GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I -1 (Planned Industrial District) BACKGROUND: On October 9, 1973, by Resolutions 73 -386, 73 -387 and 73 -388, the City Council approved a Conditional Use Permit for an anodizing plant (Aacron Company on Cheshire Lane), a 36,000 square foot addition onto an existing building, and a lot division /lot consolidation for the east part of this site. On December 7, 1989, Administrative Approval was granted for 23,000 square foot industrial warehouse building, and on February 26, 1990, by Resolution 90 -147, the City Council approved a lot consolidation of two lots adjacent to Fernbrook Lane on a portion of the west part of this site. On May 21, 1990, Administrative Approval was granted for a 32,000 square foot addition to the previously approved 23,000 square foot structure on the west part of this site. A courtesy notice regarding the application under consideration has been mailed to all adjoining property owners within 100 feet. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes a concurrent lot division /consolidation to delete a 32,980 portion of the west parcel (Parcel A) and add that amount to the east parcel (Parcel B). All land is not a part of the Industrial Park 494 recorded plat. 2. As a result of the lot division /consolidation action the existing structure and parking facilities on Parcel A will become noncompliant with the Zoning Ordinance with respect to minimum setbacks as follows: a. Side setback from drive to property line of 1.0 feet versus the ordinance standard of 15 feet. see next page) Page Two File 91059 b. Side and rear setback of parking to the property line of 3.5 feet versus the ordinance standard of 20 feet. c. Rear yard setback from building to property line of 30 feet versus the ordinance standard of 35 feet. 3. The applicant (John Lavander of Caliber Development) states that the lot division /consolidation and the resulting request for variance are to transfer the ownership (and resulting liability) for the existing wetland area (DNR protected) that covers the southeast corner of Parcel A and the southwest corner of Parcel B from Caliber Development to Aacron (see attached). 4. A National Pollutant Discharge Elimination System Program Permit was issued by the Minnesota Pollution Control Agency in 1979 authorizing discharge of noncontact cooling water for an average rate of approximately 864,000 gallons per day from the Aacron facility to this wetland area on the condition that the discharge not exceed 60 degrees Fahrenheit. The permit still is in force. 5. Section 500.37 of the City Code (the Subdivision Ordinance) permits the division and consolidation of lots which are part of a recorded plat to be approved by the City Council without preparation of a formal Final Plat. A recommendation of the Planning Commission regarding such lot consolidations /divisions is required as a matter of practice. 6. The Zoning Ordinance provides for six criteria to be found by the Planning Commission and City Council before any Zoning Ordinance Variance may be granted. A copy of those six criteria and the applicant's response is attached to this staff report. PLANNING STAFF COMMENTS: 1. The lot division /consolidation proposed is consistent with the standards of Section 500.37 of the City Code regarding the division and consolidation of platted lots. 2. A unique situation may exist with respect to these sites where the cooling water from one site responsive to a MPCA Permit is allowed to drain into a pond partially located on another property. 3. We find the variances, as long as the DNR protected wetland continues to exist, will effectively remain "transparent" with respect to the physical features of the site. No physical construction could take place in close proximity to the property lines to which the setback variances are requested now or in the future without elimination of the DNR protected wetland. Even if the discharge from the Aacron facility would be discontinued, wetlands would remain by DNR definition at this location and be supported by the storm water runoff from the adjoining sites. The probability that the DNR wetland would be eliminated is slight. 4. We find the requested variances on the whole, comply with the Zoning Ordinance variance criteria. Page Three File 91059 RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for the approval of the lot consolidation /division and a resolution setting conditions prior to recording of the lot consolidation /division and granting Zoning Ordinance variances a equested. cx nSubmittedby: Charl E. DiFlIerud, Community evelopment Coordinator ATTACHMENTS: 1. Resolution Approving Lot Consolidation /Division 2. Resolution Setting Conditions and Granting Zoning Ordinance Variances 3. Resolution Approve Site Plan Amendment 4. Engineer's Memo 5. Zoning Variance Criteria 6. Petitioner's Narrative 7. Location Map 8. Site Graphics pc /jk/91059) APPROVING LOT DIVISION /CONSOLIDATION FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059) WHEREAS, Caliber Development has requested approval for a lot division /consolidation for Cheshire Business Center for the creation of two lots located at 2600 Fernbrook Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division /consolidation for Caliber Development for Cheshire Business Center located at 2600 Fernbrook Lane; EXISTING LEGAL DESCRIPTIONS PARCEL A Lot 4 and Lot 5, Block 1, Minnesota. PARCEL B Lot 6 and Lot 7, Block 1, Minnesota. Industrial Park 494, Hennepin County, Industrial Park 494, Hennepin County, To be divided and consolidated as follows: PARCEL A Lot 4 and Lot 5, Block 1, INDUSTRIAL PARK 494, according to the recorded plat thereof, Hennepin County, Minnesota, except that part of said Lot 5, described as follows: Beginning at the southeast corner of said Lot 5; thence on an assumed bearing of South 89 degrees 55 minutes 00 seconds West, along the south line of said Lot 5, a distance of 57.84 feet; thence North 40 degrees 57 minutes 53 seconds West 68.75 feet; thence North 49 degrees 00 minutes 54 seconds West 47.70 feet; thence North 19 degrees 38 minutes 45 seconds West 48.16 feet; thence North 02 degrees 16 minutes 59 seconds West 29.64 feet; thence North 18 degrees 05 minutes 36 seconds West 38.26 feet; thence North O1 degrees 27 minutes 48 seconds West 35.70 feet; thence North 39 degrees 36 minutes 54 seconds East 39.37 feet; thence North 84 degrees 32 minutes 33 seconds East 39.70 feet; thence South 53 degrees 23 minutes 05 seconds East 68.62 feet; thence South 78 degrees 59 minutes 54 seconds East 50.30 feet to the intersection with the east line of said Lot 5; thence southerly along the east line of said Lot 5, a distance of 213.72 feet to the point of beginning. PARCEL B Lot 6 and 7, Block 1, and that part of Lot 5, Block 1, INDUSTRIAL PARK 494, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: Page Two File 91059 Beginning at the southeast corner of said Lot 5; thence on an assumed bearing of South 89 degrees 55 minutes 00 seconds West, along the south line of said Lot 5, a distance of 57.84 feet; thence North 40 degrees 57 minutes 53 seconds West 68.75 feet; thence North 49 degrees 00 minutes 54 seconds West 47.70 feet; thence North 19 degrees 38 minutes 45 seconds West 48.16 feet; thence North 02 degrees 16 minutes 59 seconds West 29.64 feet; thence North 18 degrees 05 minutes 36 seconds West 38.26 feet; thence North 01 degrees 27 minutes 48 seconds West 35.70 feet; thence North 39 degrees 36 minutes 54 seconds East 39.37 feet; thence North 84 degrees 32 minutes 33 seconds East 39.70 feet; thence South 53 degrees 23 minutes 05 seconds East 68.62 feet; thence South 78 degrees 59 minutes 54 seconds East 50.30 feet to the intersection with the east line of said Lot 5; thence southerly along the east line of said Lot 5, a distance of 213.72 feet to the point of beginning. Except that part of the South 180 feet of Lot 6, Block 1, Industrial Park 494, Hennepin County, Minnesota, lying Easterly of the following described line: Commencing at the Southeast corner of said Lot 6 on an assumed bearing North 89 degrees 55 minutes East a distance of 57.92 feet to the point of beginning of a line to be described; thence North 22 degrees 13 minutes 32 seconds East a distance of 105.00 feet; thence Northerly a distance of 88.77 feet along a tangential curve, concave to the West, having a radius of 223.91 feet and a central angle of 22 degrees 43 minutes 00 seconds and said line there terminating. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division /consolidation is approved by Hennepin County. res /pc/91059) SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT ' DIVISION /CONSOLIDATION FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059) WHEREAS, the City Council has approved a lot division /consolidation and variance for Caliber Development for the creation of two lots in Cheshire Business Center located at 2600 Fernbrook Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division /consolidation: 1. Compliance with the City Engineer's Memorandum. 2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 3. Submittal of all necessary utility easements for approval by the City prior to filing this action with Hennepin County; and, filing of such easements concurrent with filing this action. res /pc /91059.sc) APPROVING SITE PLAN AMENDMENT FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059) WHEREAS, Caliber Development Company has requested a Site Plan Amendment for the deletion of 32,980 square feet from the site and approval of setback variances for the Cheshire Business Center located at 2600 Fernbrook Lane; WHEREAS, Site Plans were approved administratively for this parcel on December 7, 1989 and May 21, 1990; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve a Site Plan amendment and Zoning Ordinance Variance for Caliber Development Company related to the deletion of 32,980 square feet from the site, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Compliance with all applicable conditions of the Administrative Approval letters of December 7, 1989 and May 21, 1990. 3. Approved variances are: a. Side setback from drive to property line of 1.0 feet versus the ordinance standard of 15 feet. b. Side and rear setback of parking to the property of 3.5 feet versus the ordinance standard of 20 feet. c. Rear yard setback from building to property line of 30 feet versus the ordinance standard of 35 feet. Approval is based on compliance with Zoning Ordinance Variance Criteria. res /pc /91059.sc)p.2 City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: July 17, 1991 FILE NO.: 91059 PETITIONER: Mr. John Levander, Caliber Development Cororation, 14405 21st Avenue North, Plymouth, MN 55447 LOT DIVISION /CONSOLIDATION: PARCELS 22- 118 -22 -33 -0006, 0007 AND 0013 LOCATION: East of Fernbrook Lane, north of 25th Avenue. west of Cheshire Lane in the southwest 1/4 of Section 22 N/A Yes No 1. _ -I-- _ Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division /Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: None. 6. _ _ -X- Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) A ten foot drainage and utility easement shall be provided along Cheshire Lane and a six foot drainage and utility easement along the north line of Pacel B. N/A Yes No 7. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. Drainage easement for ponding shall be provided to an elevation of 946.0 over Parcel for the DNR pond along the south property line. S. X _ _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: 9. X _ All standard utility easements required for construction The following easements will be required for construction of utilities 10. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 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. 12. _ X _ All existing street rights -of -way are required width - Additional right -of -way will be required on Submitted by: Daniel L. Faulkner, P. E. City Engineer 2 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. forms:o >pl /zon.stnd /s) 10/89 JUN f. ` 1991 rC t/ Y ` ` = VAR (ANCE REQUESTS ' JTH COMM vlT 'V I_"'1 i riance relates to an existing dev loped site, part ofeprpo which consists of a nNR- protected wetland. The ntire wetland area on the site, which is approximately one acre, is encumbered by a drainage and ponding easement in favor of the City of Plymouth. Currently, the property owner to the north has t ao non -- contact cooling water discharge lines that discharge cle n water into the DNR wetland located partially in the applicant's''property. This discharge has occurred for more than ten years. In securing permanent financing for the applican' the building was completed and occupied, the lent. the non - contact cooling water discharge on to th+ property be eliminated.. In part because of the discharge, it was impossible to force the adjoin cease its discharge. Moreover, it was understoo) of this clean water has been beneficial to the C: flows into Parkers Lake and has supported the lai drought years. Finally, the bNR- protected statul the City's drainage easement prevented the applil the topography to stop the discharge from flowinl property. I is property after er required that applicant's Iong history of the ng landowner to that the discharge ty, in that it ice level over past of the wetland and ant from altering over his As a consequence, the only way to obtain financi g for the applicant's property was to sever the wetland ar a from the applicant's property and deed it to the owner of'the adjoining property. The owner of that northern property h s agreed to accept title to the wetland area. In the context of P1 outh's zoning requirements, this is proposed by means of a lot division and then consolidating the wetland area with the adjoining parcel to thenorth. I Because of proximity of the wetland area to the uilding, parking lot and drive aisle, the lot division will resul in the need for several variances. It is important to note that .!the variances relate to existing improvements and therefore wi 1 have no impact on other parcels. That is, the improvements as they exist today willnotbealtered. Furthermore, legal and physical limits will prevent construction in the wetland area, so it will continue to act as a buffer and green area between the structures and improvements on the adjoining parcels. , The proposed variances are as follows: Zoning Proposed 1. Side and rear lot line setback to drive .15 feet 1.0 feet 2. Side and rear yard setback of parking to lot line 20 feet 3.5 feet 3. Minimum real yard setback to building 135 feet 30 feet t 3 1051 Based on the evaluation criteria for variances, she following comments are offered! 1. The topography of the site, particularly as.defined by the DNR wetland, and the long term, pre- existing presencb of the discharge lines on the adjoining property represent a hardship to the site. 2. The hardship predated the applicant's ownerpip interest in the parcel. e 3. The existing non -- contact cooling water disc arge from the adjoining parcel constitutes a condition unique o this parcel of land for which the variance is requested. 4. Because of legal and physical limitations o construction in the wetland area, the wetland area will continue to serve as a buffer despite the fact that it is to be deeded o the adjoining property owner. S. The variance has no impact on the parcel's alue. The site is developed, and no additional development is prop sed if the variance is granted. Therefore, the value of the parcel s not increased. 6. Because the variance is for an existing con ition, and no new development is proposed, granting the variance will (a) not be detrimental to the public welfare or injurious t other land or improvements in the neighborhood nor (b) will it impact the supply of light and air to the applicant's parcel or to adjoining parcels. 7. The only adjoining property owner who might be adversely affected by the variance is the adjoining owner o the north who has agreed to accept title to the wetland area and h s consented to the granting of these variances. ; 7154W WORTH, JUN 21 1991 CITY OF- PLYMOUTH COMMUNITY DEVELOPMENT DEPT Ip ONA ll d MINX T 1 T• llzap - - -- - - - i m fizz I - 7-. 6.3t I ELL, I s i4112, Ete V3 LANE C04F ry 11 T.F J? j L 14L4 L4 J N. J. r A:! FERNBROOK LANE PARK 'R i-F54-:1 2!-9) tr•';- o W Ltj It I LM a I 0 HE 1Y C V 9UILDING 2e zfl FERNBROOK LANE PARK 'R i-F54-:1 2!-9) tr•';- o W Ltj It I LM a I