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HomeMy WebLinkAboutPlanning Commission Packet 08-14-1991PLANNING COMMISSION MEETING AGENDA WEDNESDAY, August 14, 1991 CITY COUNCIL CHAMBERS WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 6:45 P.M. 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES 7/24/91 5. PUBLIC HEARINGS A. United States Postal Service. Site Plan, Conditional Use Permit and Variances for a new post office building located at the south side of 45th Avenue North and west of Highway 169 (91041) B. Hartford Investments Inc. Preliminary Plat, Site Plan for a 72 l i3/ e b unit rental complex, Rezoning from FRD to R -2, and a Conditional Use Permit for attached housing located at the intersection of 44th Avenue North and Fernbrook Lane (91044) C. Lowry Hill Construction Company. Preliminary Plat and Rezoning from FRD to R -1A for a 54 lot single family development located at the northeast corner of Holly Lane and County Road 9 (91047) D. John Henning. Amended Preliminary Plat, Final Plat and Subdivision Variances for Sunset Valley Homes 2nd Addition located north of Sunset Trail at 3rd Avenue North (91051) E. Graybow Daniels. Amended Site Plan and Conditional Use Permit for outdoor storage at 2400 Xenium Lane (91058) F. Robert Walz. Conditional Use Permit for a Home Occupation for a travel agency at 9600 -17th Avenue North (91061) 6. NEW BUSINESS A. Tim Reese. Division of Platted Property, Subdivision Variance and Shoreland Overlay District Variances in Elmhurst Addition located at 2365 Hemlock Lane and 2360 Ives Lane (91053) 7. OTHER BUSINESS 8. ADJOURNMENT 5.A- CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 30, 1991 COMMISSION MEETING DATE: August 14, 1991 FILE NO.: 91041 PETITIONER: United States Postal Service REQUEST: Site Plan, Conditional Use Permit and Variances for a new Post Office Building LOCATION: South side of 45th Avenue North and West of Highway 169 GUIDE PLAN CLASS: CL (Limited Business) ZONING: B -1 (Office Limited Business District) BACKGROUND: In June, 1981, the City Council, by Resolution 81 -371 approved a Preliminary Plat and General Development Plan together with the rezoning to B -1 (Limited Business) of 15 acres including this site. The General Development Plan specified five lots. In July, 1982, the City Council adopted Resolution 82- 348 and 82 -349 providing for approval of the Final Plat for the "Meyer /Gonyea Addition" and setting conditions prior to recording of that Final Plat, including this site. On July 2, 1990, the City Council, by Resolutions 90 -396 and 90 -397 approved a lot division /consolidation and an amended General Development Plan for the Meyer /Gonyea Land Development Company, which adjusted property lines among the previously platted lots within the "Meyer /Gonyea Addition" to increase the size of some lots and decrease the size of others. The number of lots was not changed nor was the plat expanded in size. All lots, after the Lot Consolidation /Division remained in excess of standards for the B -1 Zoning District. 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 construction of a postal facility of 34,204 square feet on a site of 4.21 acres. The proposed facility will be similar in design and function to the existing Plymouth postal facility at the southeast corner of Plymouth Boulevard and 34th Avenue North, but larger in size. Approximately half of the structure will be used for customer service and mail sorting functions and the other half of the facility will be used for the enclosed storage of mail delivery vehicles. see next page) Page Two File 91041 2. The site is located in the North Branch Storm Water Drainage District and contains no Flood Plain or Shoreland Management Overlay District areas. The site contains no wetland protected by State or Federal agencies or City of Plymouth storm water drainage facilities. The site contains no woodlands of significance, but does contain slopes that are in excess of 12 percent, which will be graded out as a feature of the proposed grading plan. The site is generally suitable for urban development with municipal sewers, which are in place to the site. The grading of the slopes in excess of 12 percent will not be detrimental to the physical resources of the site, and therefore, the site does not present physical constraints for the development as proposed. 3. The Site Plan has been reviewed by the Development Review Committee for compliance with the City ordinances policies and standards regarding development in the B -1 Zoning District. Specifically, the Site Plan complies with City standards with respect to landscaping, trash containment and screening (exterior location with appropriate masonry screening); painting of rooftop mechanical equipment; setbacks are consistent with zoning standards; and, offstreet parking, loading and circulation is consistent with proper design and Zoning Ordinance standards, except as noted below. 4. The exterior of the structure is proposed to be of decorative face block combined with glazed masonry and anodized aluminum standing seam roof. 5. Review of the Site Plan by the Development Review Committee has identified the following inconsistencies of the plan with standards of the Plymouth Zoning Ordinance: a. The "courtesy mail" drive lane proposed parallel to 45th Avenue North is shown as 12 feet in width versus the ordinance standard of a 14 foot minimum width. b. The proposed lighting of the site will result in the .5 foot candle contour extending beyond the property lines into 45th Avenue North at two locations. The Zoning Ordinance standard for nonresidential uses and related activities from Section 8, Subdivision G, Paragraph 2 of the Zoning Ordinance is that any lights used for exterior lumination shall not be visible to any property line. The practice of the Development Review Committee has been to define this standard by specifying that no light in 'excess of .5 foot candles at eye level shall extend beyond the site property line. 6. The applicant has been advised of the noted inconsistencies of their Site Plan with the provisions of the Plymouth Zoning Ordinance, and has been requested to either amend their plans to comply with the Zoning Ordinance or provide the necessary documentation. The Postal Service, in a letter of July 11, 1991 (copy attached), has advised the City that they will not see next page) Page Three File 91041 apply for the Zoning Ordinance Variances required. No additional plans have been submitted with modifications to bring the items noted above into compliance with the Zoning Ordinance either. 7. The current facility at 34th Avenue North and Plymouth Boulevard is approximately 22,000 square feet in size, including the inside vehicle storage area. It appears from aerial photos that a total of 57 offstreet parking spaces are provided at that facility, yielding a parking ratio of 1 parking space for each 385 square feet of overall floor area of the facility. The proposed new facility would have 34,200 square feet of floor area (including inside vehicle parking) and is proposed to have 88 total offstreet parking spaces, yielding a parking ratio of one parking space for each 389 square feet of floor area. 8. A postal facility has been previously considered (at 34th Avenue North and Plymouth Boulevard) to be a governmental office with merchandising services, and therefore allowed in a B -1 (Limited Business) Zoning District with a Conditional Use Permit. The Postal Service has made application for a Conditional Use Permit consistent with this finding. 9. All Conditional Use Permits approved by the City of Plymouth must comply with the six standards found in Section 9 of the Zoning Ordinance regarding Conditional Use Permits. A copy of those six standards is attached to this staff report. The applicant has not provided a narrative response to those Conditional Use*Permit standards. 10. The City Attorney has advised that the Postal Service is not liable for payment of park dedication fees -in -lieu. PLANNING STAFF COhMENTS: 1. Except with respect to the noncompliant design features of the Site Plan noted we find the Site Plan to be consistent with the City of Plymouth standards policies and ordinances regarding development of facilities of this type in the B -1 Zoning District. 2. The Conditional Use Permit for a governmental office with merchandising services in the B -1 Zoning District is responsive to the six Conditional Use Permit standards of Section 9 of the Zoning Ordinance. 3. While the applicant continues to refuse to modify its plans for compliance with the Zoning Ordinance with regard to drive aisle width, and site lighting or apply for Zoning Ordinance Variances in regard to those design features, those items should still be considered Variances from Zoning Ordinance standards and addressed in terms of the six Zoning Ordinance criteria found in Section 11 of the Zoning Ordinance. see next page) Page Four File 91041 4. Offstreet parking is a significant concern at the current Plymouth postal facility located at 34th Avenue North and Plymouth Boulevard. Employees of that facility regularly park on- street along 34th Avenue North. A hazard to the public travelling on 34th Avenue North clearly exists as a result of both on- street parking and poor circulation at the current facility. 5. If parking is deficient at the current faci1*t at 34th Avenue North and Plymouth Boulevard (which it is definitely is , we find parking may be equally deficient at the new facility on the assumption that the operations of the facilities are similar in nature. We cannot recommend approval of a Conditional Use Permit to provide parking at a similar standard for the new facility on that basis. 5. We find sufficient site area exists to accommodate the "courtesy mail" lane to be constructed at the 14 foot ordinance standard versus the proposal for a 12 foot width. We find no hardship or unique circumstances, and the Variance criteria are therefore not complied with. We find no basis for a Variance. 6. The Zoning Ordinance standard with respect to the exterior lighting of a site could be interpreted that no light whatsoever would extend beyond the property lines. In practice the City has used the standard of .5 foot candles at the property line to quantify the term "no light ". We find the applicant, by proper shielding of its exterior lighting, can easily accommodate compliance with the .5 foot candle standard without creating a hardship. No unique circumstances exist to support the Variance requested and the general public travelling on 45th Avenue North will be adversely affected by the proposed lighting that would result from the approval of a Variance. RECOMMENDATION: While modification of plans to widen the "courtesy service lane" 2 feet and screen outdoor lighting to provide retention of the .5 foot candle contour with the site are not complex in nature, and can be accomplished by a simple condition of approval, the design of the site to accommodate additional offstreet parking spaces, although possible in my opinion, will result in a Site Plan design that will differ significantly from that which the Planning Commission has before it. The Commission may wish to consider tabling of this matter with direction to the applicant to return to the staff and the Planning Commission with a site design incorporating additional offstreet parking spaces. I have attached resolutions that will provide for approval of the requested Site Plan and Conditional Use Permit excluding the variances that are required but for which no specific application has been made. see next page) Page Five File 91041 Also attached is a resolution providing for the approval of Site Plan and Conditional Use Permit including the two variances for which no application has been made but which would be a requirement if the site design is to remain as now presented, in noncompliance with the Zoning Ordinance standards. It is my recommendation that the Variances not be approved, and that the Planning Commission reach a consensus as to whether to table the matter for redesign with regard to offstreet parking; or whether the plan modifications can become conditions of the approval resolution with staff to monitor for redesign followin ncil action. Submitted by: C ar es E. Di eru , Community Deve opment Coordinator ATTACHMENTS: 1. Resolution Approving a Site Plan and Conditional Use Permit with Direction for Redesign Eliminating Zoning Ordinance Variances 2. Resolution Approving Site Plan, Conditional Use Permit and Variances 3. Engineer's Memo 4. Applicant's Letter of July 11, 1991 5. Location Map 6. Site Graphics pc /jk /91041:dh) APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR THE UNITED STATES POSTAL SERVICE LOCATED AT THE SOUTH SIDE OF 45TH AVENUE NORTH AND WEST OF HIGHWAY 169 91041) WHEREAS, the United States Postal Service has requested approval for a Site Plan and Conditional Use Permit to construct a postal facility with merchandising services for property located at the south side of 45th Avenue North, west of Highway 169; 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 the United States Postal Service for a Site Plan and Conditional Use Permit to construct a postal facility with merchandising services for property located at the south side of 45th Avenue North, west of Highway 169, subject to the following conditions: 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. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 4. Any signage shall be in compliance with the Ordinance. 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 enclosure, and no outside storage is permitted. 8. An 8k 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. No variances are approved or implied. The Site plan shall be redesigned to eliminate the following deficiencies: a. The "courtesy lane" parallel to 45th Avenue North shall be increased in width from 12 feet to the Zoning Ordinance minimum standard of 14 feet. b. Site lighting shall be modified to retain the .5 foot candle contour within the site boundaries. New Site Plan graphics shall be submitted for review and approval of the City Development Review Committee prior to issuance of a building permit. APPROVING SITE PLAN AND CONDITIONAL 'USE PERMIT AND VARIANCES FOR THE UNITED STATES POSTAL SERVICE LOCATED AT THE SOUTH SIDE OF 45TH AVENUE NORTH AND WEST OF HIGHWAY 169 (91041) WHEREAS, the United States Postal Service has requested approval for a Site Plan and Conditional Use Permit to construct a postal facility with merchandising services for property located at the south side of 45th Avenue North, west of Highway 169; and, WHEREAS, staff has identified design deficiencies requiring Variances from Zoning Ordinance standards; 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 the United States Postal Service for a Site Plan and Conditional Use Permit and Variances identified by staff to construct a postal facility with merchandising services for property located at the south side of 45th Avenue North, west of Highway 169, subject to the following conditions: 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. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 4. Any signage shall be in compliance with the Ordinance. 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 enclosure, and no outside storage is permitted. 8. An 8k 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. Zoning Ordinance Variances are approved based on compliance with the Variance Criteria, as follow: a. Drive lane width of 12 feet versus the Zoning Ordinance standard of 14 feet. b. Setting lighting in excess of .5 foot candles crossing the property line onto 45th Avenue North. res /pc /91041:jw) 2 res City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: August 2, 1991 FILE NO.: 91041 PETITIONER: Mr. Bruce Davison, U.S. Postal Service, 20051 Rilibrew Drive, No. 620, Bloomington, MN 55425 -1974 SITE PLAN: U.S. POST OFFICE LOCATION: South of 45th Avenue, west of Highway 169, east of Nathan Lane in the northeast 1/4 of Section 13 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 /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 (101) in width adjoining all streets and six feet (61) in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 8. _ X _ Complies with ponding 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 X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek 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 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 10OX 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. 5- 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Item No. 12, swell] z 11 a] ZIM Lf Submitted by: ,1,z, Daniel L. Faulkner, P. E. City Engineer 6- 4 pTES POSTq_ N Y C _ TW Z D LLS.MAIL In t t UNITED STATES POSTAL SERVICE Facilities Service Office 2051 Killebrew Drive, Suite 620 Bloomington, MN 55425 -1874 July 11, 1991 CITY OF PLYMOUTH ATTN MR JOHN KEHO AND CHARLES DILLERUD 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 Re: Mpls., MN /Medicine Lake (Plymouth) Br. 55441 -9998 New Owned Postal Facility s iie ET JUL 12 1991 CITY 0;,PUiAWffN Thank you for your phone call of July 10, 1991 concerning your request that the postal service apply for two variances on the quantity of on site parking, and the stated width of the drive through /drop off lane. It is postal service policy that we do not apply for ordinance variances, just as we do not as a rule, pay plan review fees, building permit fees, etc. However, we do comply with local governments codes, ordinances, and requirements, to the greatest extent practicable which I hope we have shown to you as evidenced by the additions, and changes we have made in our project based upon your input and suggestions to date. We will continue to consider any, and all recommendations the City of Plymouth makes, but must stop short of formally applying for any variances. Sincerel,, i EVEN A. HUSTAD Program Manager Design and Construction Branch cc: TC Div /Sup Ser Larry Cruse Rogers, Perlenfein Asso. Attn: R. Bruce Davison, RE Mgr., TCFSO D &C Project File FS0102:SAHustad:ckk:1874 Wayne C Perleinfein dr 7I w OF . 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A mobile home court of 327 units was proposed for this location. On November 15, 1971, the City Council denied a request by Lowry Hill Construction Company from R -0 (identical to the current FRO) to R -4 to permit the construction of a townhouse /apartment development of 592 units. The basis for the denial was both the lack of land use guiding for this area of the City, and a concern as to whether this site could be served by public utilities. On August 6, 1990, the City Council, by Resolution 90 -467, approved a Comprehensive Plan Amendment for this site relating to the Sanitary Sewer Plan Element of the City's Comprehensive Plan. The amendment was to redirect the flow from a portion-of sewer district NW -17 to sewer district NW -18. Resolution 91 -205 orders the project to install the sewer on a condition that the owners of this pare agree to be assessed for the area changes and to pay for extra depth charges. Municipal water service is available to the site. 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. see next page) Page Two File 91047 PRIMARY ISSUES AND ANALYSIS: 1. This site is located in the Bassett Creek Storm Water Drainage District and contains no Floodplain or Shoreland Overlay Districts, but does contain Federally designated Wetland and City of Plymouth Storm Water Drainage areas parallel to the north property line and in the extreme northeast corner of the site. No development or grading activity is proposed to encroach upon those wetland and storm ponding areas. The site does contain significant. woodland areas over the north and east one -third and a area of existing steep slopes paralleling the north property line, and in the northeast corner. Preservation of these forested and steep slope areas is a major component of the subdivision development and grading plan. By roadway location and extra depth on lots adjoining these significant natural resources areas, maximum preservation of those areas has been addressed. The site is suitable for urban development with municipal sewers. 2. The Development Review Committee has recommended to the applicant that a temporary emergency access be provided to the east portion of the site off the end of the proposed Comstock Lane cul -de -sac to Rockford Road as mitigation for the variance requested for cul -de -sac length. In a letter of July 10, 1991 (copy attached) the applicant's engineer objects to the emergency access recommendation on the basis of preserving existing trees. He suggests an alternative, where Dunkirk Lane would become the cul -de -sac street and Comstock Lane would be extended southerly to County Road 9. This suggestion would result in public road intersections to Rockford Road spaced approximately 375 feet, center to center, and would place the Comstock Lane intersection with Rockford Road near a curvature in Rockford Road. 3. The Development Review Committee has also recommended redesign of the southwest portion of the plat to provide access to the exception parcel at the northeast corner of Holly Lane and Rockford Road. The Transportation Element of the Plymouth Comprehensive Plan, adopted December 18, 1989, states in the Appendix that it should be the policy of the City of Plymouth to not create any parcels zoned for single family or duplex residential uses fronting on an arterial and Major Collector street. The Transportation Plan also states that residential driveway access to arterial and Major Collector streets should not be permitted except for major multiple family "cluster" developments. 4. The Development Review Committee has advised the applicant that both Holly Lane and Rockford Road are designated by the Transportation Plan as "Major Collectors ". The intersection of two Major Collectors, both of which are forecast to carry approximately 10,000 vehicles per day ultimately, will create the need for a signalized intersection. It has been recommended that the proposed plat be redesigned to provide internal access to the exception parcel via Garland Lane. see next page) Page Three File 91047 The applicant's engineer in the July 10, 1991 letter states that he believes the exception parcel to'be adequately served at present, and the applicant does not support extending an internal street to serve that property. 5. The review of a conventional Preliminary Plat is, in part, guided by the provisions of Section 500.15 of the City Code (the Subdivision Ordinance). The code specifies the Planning Commission in its review of a Preliminary Plat will take into consideration the requirements of the City with particular attention given to such factors as Comprehensive Plan requirements, including "highways ". The Transportation Element of the Plymouth Comprehensive Plan is the source of guidance with respect to highway planning within the City. 6. No details have been provided regarding the "entrance monuments" proposed on the Preliminary Plat. There has been no Development Review Committee analysis of any signage proposal for the plat. 7. Mayor Bergman has recently addressed the Planning Commission concerning the need to better address the long -term maintenance of rear yards that backup to Thoroughfare streets. He has suggested that the Planning Commission consider use of easements or common area over a portion of those rear yards running to a Homeowners Association for the development, providing for the perpetual maintenance of those rear yards - particularly where a berm is to be constructed parallel to the Major Thoroughfare. The grading plan proposed for this plat suggests continuous berm treatment in the yards paralleling Rockford Road of this proposed plat. No Homeowners Association is at this time proposed. 8. The applicant, in the letter of his engineer dated July 10, 1991 proposes a total of 60 feet of - right-of-way- from the center line of Holly Lane to be dedicated with this plat versus the recommendation of the City Engineer and Parks Director for 40 feet of right -of -way for Holly Lane plus 30 feet of outlot to accommodate the trail running east of and parallel to Holly Lane - for a total of 70 feet of right -of -way. The City Engineer and Director of Parks and Recreation continue in their recommendations with regard to right -of -way required parallel to Holly Lane. 9. This site is wi thin an area that was included in the series of Land Use Guide Plan amendments adopted by the City Council on December 18, 1989 as part of the City -wide review of the Land Use Guide Plan Element of the Comprehensive Plan. The site was reclassified from the previous LA -2 (Low Medium Density Residential) to LA -1 (Low Density Residential). Approval of those Land Use Guide Plan amendments, including this site, must be a condition of rezoning and Preliminary Plat approval, and no activity, including grading, or tree removal can take place until Metropolitan Council approval of the Land Use Guide Plan amendments is granted. 10. Final plans and specifications for trunk sanitary sewer service extensions to this site are currently in preparation by City's engineering consultant. The City Council has not approved those plans and specifications, or awarded a contract for the construction of the sanitary sewer. Plans and specification are to be complete and the project is scheduled for construction this year, per the City Engineer. see next page) Page Four File 91047 Approval of a Preliminary Plat for this site will be subject to award of a contract for a trunk sanitary sewer extension, and no Final Plat approval, tree removal, or grading will be permitted on the site until a sewer extension contract has been awarded by the City Council. 11. The Subdivision Ordinance in Section 500.41 addresses procedures and findings required for the approval of variances for the Subdivision Code. A copy of the Subdivision Variance Criteria is attached together with the letter of the applicant's engineer dated July 10, 1991 which addresses the basis for the variance proposed: for cul -de -sac length together with reasons the applicant is opposed to the mitigation of emergency access proposed by the Development Review Committee. The applicant also suggests an alternative subdivision design that would eliminate the need for the variance. 12. The rezoning of the site from FRD (Future Restricted Development) to R -1A Single Family Residence District) is consistent with the Comprehensive Plan subject to the approval of the amendment to the Land Use Guide Plan Element by the Metropolitan Council involving this site and the award of a contract for trunk sanitary sewer to serve this site. 13. The Preliminary Plat complies with the Subdivision Ordinance standards for the R -1A Zoning District, including Section 500.15 regarding preservation of natural environment, except as noted. PLANNING STAFF COMMENTS: 1. It is the responsibility of this developer to so design the Preliminary Plat that public street access to the exception parcel at the northeast corner of Holly Lane and Rockford Road is provided internally through this development. The approval of a Preliminary Plat that, by its design, creates a parcel that would require direct access to Major Collector street by individual homes is inconsistent with the design policies regarding streets and highways of the Transportation Element of the Plymouth Comprehensive Plan. 2. The variance requested for cul -de -sac length in excess of the 500 foot maximum length standard of the Subdivision Ordinance is not responsive to the Subdivision Variance Criteria without the mitigation of an emergency access from Comstock Lane to Rockford until such time as Black Oaks Lane is completed southerly to Rockford Road through the adjoining property to the east. 3. The developer's proposal to cul -de -sac Dunkirk Lane within his plat and instead extend Comstock Lane south for a public street intersection with Rockford Road will result in an inadequate intersection spacing with Rockford Road between Dunkirk Lane and Comstock Lane; and, will result in the creation of an intersection with Rockford Road at an unsafe location due to the curvature of Rockford Road at the point that Comstock Lane would intersect. see next page) Page Five File 91047 4. An alternative approach to the emergency access or the reconfiguration of the public road system to overcome the excessive length cul -de -sac would be prohibition of the Final Platting of Comstock Lane and all lots east and south of proposed Lot 16, Block 1 until such time as Black Oaks Lane is completed through the adjoining property to Rockford Road. A temporary cul -de -sac to 45th Avenue North in the vicinity of proposed Lot 16, Block 1 would result in a cul -de -sac length consistent with the 500 foot maximum provided for in the Subdivision Code. 5. Consistent with the recommendation of the City Engineer and the Director of Parks and Recreation we find the dedication of road right -of -way not less than 40 feet east of center line for Holly Lane and 30 foot wide outlot for trail purposes parallel to Holly Lane necessary and required for consistency with the Transportation Element and the Parks and Trails Element of the Comprehensive Plan. We do not support a reduction of the total right -of -way required from 70 feet to 60 feet as proposed by the applicant in the letter of his engineer dated July 10, 1991. RECOMMENDATION: The staff recommendation for redesign of the plat to accommodate access to the exception parcel at the northeast corner of Holly Lane and Rockford Road, if concurred in by the Planning Commission, will result in amended plat graphics. The Planning Commission may thus wish to consider deferral of their action on this plat pending redesign by the petitioner. Should the Planning Commission determine that redesign is required to provide access to the exception parcel, and deferral for redesign is not found to be appropriate I recommend adoption of the attached resolution providing for the denial of the Preliminary Plat based on noncompliance with the Comprehensive P a n, specifically the Transportation Element with respect to a plat design creating a hazardous collector street access, and inadequate right -of -way dedication for Transportation Plan and Parks and Trail Plan purposes along Holly Lane. I have also attached a resolution providing for the approval of the Preliminary Plat, as designed, including a variance for the length of cul -de- sac of Black Oaks Lane, as requested. A condition is included that provides for the emergency s from Com to ane so ly to Rockford Road. Submitted by: (Tv avl, Cha . Dillerud, mmunity Development Coordinator ATTACHMENTS: 1. Resolution Denying Preliminary Plat 7. Resolution Approving Preliminary Plat 3. Engineer's Memo 4. Subdivision Ordinance Variance Criteria 5. Transportation Plan Collector Street Access Policy 6. Petitioner's Letter of July 10, 1991 7. Location Map 8. Site Graphics _. pc /jk /91047:dh) DENYING PRELIMINARY PLAT FOR LOWRY HILL CONSTRUCTION FOR .GOLFVIEW ESTATES 91047) WHEREAS, Lowry Hill Construction has requested approval for a Preliminary Plat and Subdivision Variance for Golfview Estates, a plat for 54 lots on 39.8 acres located at the northeast corner of Holly Lane and County Road 9; 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 hereby does deny the request by Lowry Hill Construction for a Preliminary Plat and Subdivision Variance for Golfview Estates for 54 lots located at the northeast corner of Holly Lane and County Road 9, based on the following findings: 1. Failure to provide access to PIN 17 -21 -0001 at the northeast corner of Holly Lane and Rockford Road through the Preliminary Plat is noncompliant with Section 500.15 of the City Code regarding conformity of the plat design with the Transportation Plan Element of the Comprehensive Plan. 2. Failure to provide right -of -way for Holly Lane of 40 feet from center line consistent with the City design standards for a Major Collector street and the recommendation of the City Engineer. res /pc /91047.pp:dh) APPROVING PRELIMINARY PLAT FOR LOWRY HILL CONSTRUCTION FOR GOLFVIEW ESTATES 91047) WHEREAS, Lowry Hill Construction has requested approval for a Preliminary Plat and a Subdivision Variance for Golfview Estates, a plat for 54 lots on 39.8 acres located at the northeast corner of Holly Lane and County Road 9; 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 Lowry Hill Construction for a Preliminary Plat -and Subdivision Variance for Golfview Estates for 54 lots located at the northeast corner of Holly Lane and County Road 9, 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 filin the Final Plat with credit for the dedication of Outlot A (30 feet width and construction of a trail to City Standards in 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. A variance is approved for a cul -de -sac length of 1050 feet for Black Oaks Lane versus the Subdivision Code standard of 500 feet maximum based on compliance with the Subdivision Code variance criteria and subject to a condition that a temporary emergency access, approved by the City Engineer, extend south from the Comstock Lane cul -de -sac to Rockford Road. 10. Right- of-way width dedicated for Holly Lane shall be 40 feet from center line. Page Two File 91047 11. Subject to approval by the Metropolitan Council of the Land Use Guide Plan amendment including this site adopted by the City Council on December 18, 1989. No site grading or tree removal shall be undertaken on the site prior to the Metropolitan Council approval. 12. The Final Plat shall not be approved nor shall grading or tree removal take place on the site prior to award of a contract by the City Council for sanitary sewer trunk service to this site. res /pc /91047.pp:dh) 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 22nd day of April , 1991. The following members were present: Mayor Bergman, Councilmembers Helliwell , Ricker Vasiliou and Zitur The following members were absent: None Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION NO. 91 -205 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS NW -17 TRUNK SANITARY SEWER CITY PROJECT NO. 040 WHEREAS, Resolution No. 90 -762 of the City Council adopted the 19th day of November, 1990 fixed a date for a public hearing with respect to Trunk Sanitary Sewer Improvements to serve District NW -17; and WHEREAS, the proposed project includes the installation of a 15" trunk sanitary sewer and 8" lateral sanitary sewer improvement in Sanitary Sewer Drainage District NW -17; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 17th day of December, 1990, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. Such improvement is hereby ordered as proposed in the Council resolution adopted November 19, 1990. 2. Short, Elliott, Hendrickson, Inc. is designated as engineer for the improvement. They shall prepare plans and specifications for the making of such improvement. 3. Before proceeding with plans and specifications, Lowry Hill Development Company shall `enter into an agreement with the City agreeing to be assessed for sewer and water area charges and extra depth sewer costs. The motion for the adoption of the foregoing Resolution was duly seconded by fn,mrilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: May-or Beronan, Councilmembers Helliwell, Ricker, Vasiliou, , The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. DATE: FILE NO.: PETITIONER: PRELIMINARY PLAT: LOCATION: N/A Yes No City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council August 6, 1991 91047 Mr. Bernard Barr, Lowry Hill Construction Company, 6150 Hemlock Lane North, Plymouth, MN 55442 GOLFVIEW ESTATES East of Holly Lane, north of County Road 9, wrest of Vicksburg Lane in the north 1/2 of Section 17. 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: W to retain area based on 39.8 acres - 9.32 acres ponding - 30.48 acres x 91.580 per acre - S48.158.40. Sanitary sewer Area based on 39.8 acres - 9.32 acres _ nondinQ - 30.48 acres x S880 per acres - S26.822.40. 5. Other additional assessments estimated: The developer will be responsible for the cost of concrete curb and gutter along County Road 9 and Holly Lane. N/A Yes No 6. _ _ -2- Complies with standard utility /drainage easements - The City will require utility and drainage easements ten feet (101) in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. El n 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. Drainage eassments for 11ondina purposes will be required for Pond BC- P5 to the 100 year elevation of 968.0. For the pond in Block 3 it will be 989.0. For the pond within Lots 12. 13, 14, 16. 17 and 18. Block 2 to an elevation of 986.0. For the pond within Lots 5. 6. 7. 8- 9 and 10. Block 2 to an elevation of 974.0. 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 X 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 - N/A Yes No M 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. This will be reviewed by the Building Department. 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 15. _ _ X All existing street rights -of -way are required width - Additional right -of -way will be required on An additional 7 feet of right -of -way will be required along County Road 9. making the total distance from center line 40 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. See Item No. 17. 3 - N/A Yes No 17. _ _ X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. The sanitary sewer on 45th Avenue North shall be extended west to Holly Line. A 16 inch watermain shall be constructed from County Road 9 north on Holly Lane to the north plat line. The City will reimburse the developer for the cost of construction of the 16 inch watermain. 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. _ _ X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. The minimum basement elevation for Lots S. 6 T S. 9 and 10 Block 2 shall be 976 For Lots 11 12 13 14 16 17 and 18. Block 2. 988.0. For Lots 1 7 and B. Block 3 991.0. For Lots 5 through 11. Block 1 970.0. For Lots 18 through 22. Block 1. 970.0. N/A Yes No 20, _ X _ The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. _ _ X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: The sanitary sewer on 45th Avenue shall be extended to Holly Lane. 4 - 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 com ly with all agency ner its- 24. A. A 30 foot trail outlot will be required along Holly Lane for trail purposes. B. The developer shall enter into an agreement with the City for area charges and over depth costs for Project No. 040 (N.W. Trunk Sewer - Area 17). C. Internal access shall be provided for the lots in the southwest corner of the plat adjacent to Holly Lane. D. Fire flow calculations will be required with the final plans showing that all fire hydrants are capable of handling 1,250 gallons per minute for fire flow. E. The survey and preliminary plat must show all existing easements. F. The developer shall obtain an easement from the property to the north for the extension of the sanitary sewer. G. Neither the rate of runoff nor the volume can exceed the current rate since there is no easement for Pond BC -P5. H. The Fire Department is requiring an emergency access roadway 15 feet wide, 7- ton design from Comstock Lane to County Road 9. Easements will be required to cover this access. I. A temporary cul -de -sac will be required at the end of Black Oaks Lane. An easement will be required for the temporary cul -de -sac. J. Indicate a proposed grade for the extension of Black Oaks Lane to County Road 9. 5 - 0 K. An easement for access along the south line of Lot 22, Block 1 shall be granted to provide access to the trunk sewer manhole on the south line of Lot 22 for maintenance purposes. L. No grading and /or utility work will be approved prior to the City awarding the contract for Project No. 040. M. The final plat shall not be submitted to the City Council prior to the contract being awarded for Project No. 040. N. The existing right -of -way on Holly Lane will be adequate for the proposed collector street. Submitted by: < Daniel L. Faulkner, P.E. City Engineer 6 - 1 V's •+ •' 1. General Conditions . 7he Planning Commission may Seca m end 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 CcnT fission 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. AWlication Required. Applications for any variance under this Subsection shall be submitted in writing by the owner or subdivider at the time the preliminary plat is filed for consideration by the Planning Commission, and shall state all facts relied upon by the applicant, and shall be supplemented with maps, plans or other additional data which may aid the Cc mission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan for the proposed project. forms:o >pl /sub.stnd /s) 10/89 January 1990 APPENDIX RECOMMENDED GUIDELINES FOR DRIVEWAY AND ACCESS ORDINANCES IN PLYMOUTH ACCESS CONTROL The key distinguishing features of a functional system of roadways are the degree of access control, intersection spacing, and intersection type. A major purpose of relating access control to roadway purpose is to protect continuous routes and important corridors to the extent possible and to prevent undue restriction of access to those routes where access is appropriate. Adequate control of access on routes designed to provide mobility prevents the necessity of expending additional public funds to buy new rights -of -way and establish new corridors as existing corridors become congested. On the other hand, access should be permitted on minor collector or local roadways. Excessive protection or acquisition of access along these facilities adversely affects desired development potentials and could result in inappropriate public expenditures for access control. Determination of roadway purpose permits applying access, intersection, and design standards appropriate to the need. Driveway access to arterial and major collector streets is of primary concern. The long -term effects of poor access management are (1) erosion of roadway capacity and (2) high accident frequency. Traffic engineers and planners have for some time recognized the need for control of driveway access. However, since every parcel abutting an arterial or minor collector street must be provided access, control of driveway access is often difficult. The methodology to follow provides a means not only to control driveway location and design for each parcel, but also to limit the number of driveways. It is estimated that under average conditions, the capacity of a four -lane arterial or major collector street with a 45 mph speed limit will be reduced by over one percent for every two percent of the traffic that turns between the right lane and driveways at unsignalized driveway locations. For example, if a street carries 1,200 vehicles per hour in a direction and 120 turn into driveways and 120 turn out of driveways per mile (20 percent turns), then the capacity in that direction will be reduced by 10 percent. Currently, over 30 percent of the traffic along arterials or major collectors with strip commercial development may turn to and from driveways. As the level of design of the driveway is increased (allowing turns to be made at higher speeds), the capacity loss is reduced. Thus, it is desirable to limit driveways to a minimum number with a high -type design. a January 1990 In addition to the impact they have on roadway capacity, driveways also introduce conflicting traffic movements which affect roadway safety. Right turns into and out of driveways have the least impact, requiring only a speed change (creating rear -end accident potential), a merge or demerge, and a turn which may or may not cause encroachment on an adjacent traffic lane. Left turns cause more conflicts. They require a speed change, a merge or demerge, and the crossing of opposing traffic. A study of accidents in suburban areas has indicated that over 11 percent of all accidents on major streets in municipalities involved driveway maneuvers. Hence, it would appear to be in Plymouth's best interest to have a policy which accomplishes the following: 1. Limits the number of driveways to those which are actually needed to safely accommodate the traffic generated by each development. 2. Provides adequate spacing between driveways so conflicts and resulting accidents) between vehicles maneuvering at adjacent driveways do not arise. 3. Ensures proper design to accommodate driveway traffic and minimize vehicle conflicts without significantly reducing roadway capacity. There are a number of cost - effective ways of controlling access to preserve roadway capacity and enhance roadway safety. Some of them are listed in Table A, and many of them can be used to both improve existing conditions and plan for new driveway access. Verification of warrants for special access features such as multiple driveways or separate turn lanes, etc., will require estimation of future non -site traffic volumes on the arterial or major collector and site traffic volumes moving to and from the proposed development. Four steps are necessary to determine the driveway access needs of a site: 1. Estimate site traffic generation and future non -site traffic. 2. Determine directional distribution of trips. 3. Estimate turning movements at driveway. 4. Analyze access requirements -- current and future. T ITT G'4,FRS P P July 10, 1991 SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY 612) 476 -6000 Mr. Charles E. Dillerud Community Development Coordinator CITY OF PLYMOUTH 3400 Plymouth Blvd. Plymouth, MN 55447 SUBJECT: Lowery Hill Development Co. GOLFVIEW ESTATES Dear Mr. Dillerud: 6 WAYZATA, MN 55391 FAX 476 -0104 JUL 15 1991 CITY L.. .:-,vJTF pMMUNITY DEVELOPMENT DEPT Enclosed with this letter are revised GOLFVIEW ESTATES plans. The plans have been revised to respond in part to comments and questions raised by the development review committee and communicated to us in your letter dated July 5, 1991. Issues raised which we differ with you on or wish to provide further comment on are addressed in this letter. We are responding to each item addressed in your letter so that you might continue the processing of the application and schedule a public hearing before the Planning Commission to consider the preliminary plat and the rezoning. Point #1 of your letter concerns the platting of 30 foot wide outlots along Holly Lane for use as public trail corridors. We have revised the plans and preliminary plat to show the 30 foot outlot easterly of Holly Lane. We have also shifted the residential lot lines easterly as necessary to maintain a 110 foot lot width and 18,500 square foot lot minimum areas as required for R -1A zoning district standards. We discussed by phone whether the residential lots nearest to Holly Lane would be required to have a 35 foot setback from the trail corridor outlots or whether since the outlots have been introduced between the public street right -of -way and the lots that they are now not corner is and would have only the ordinance required 15 foot side yard setbacks. We propose that the nearest homes to Holly Lane would be 15 feet from the trail corridor and 45 feet from the right -of -way of Holly Lane. You indicated to me that the City's recent policy has been to require a full front yard street setback of 35 feet where a trail corridor lies between a street right -of -way and a lot. We also discussed the fact that if a trail corridor was introduced between two lots in the middle of the block that the normal side yard setback would still be employed. I believe that the City's policy should be reconsidered. Your Point *2 discusses the fact that park dedication requirements would be satisfied in part by the dedication of the trailway outlots and further by the construction of the trailways within the outlots and further that the remaining balance of the park dedication requirements will be satisfied by cash fees in lieu of land. We acknowledge this. Point *3 of your letter requests that we show house pads on the lots on the Grading plan drawing. On the Development Plan for the GOLFVIEW ESTATES project we have shown a representation of homes and how they might be sited on each lot. We have not depicted an actual house pad or tentative building footprint on the grading plan for each lot but our intent is that when the Final Site Grading Plan is prepared that we would show a graded building pad where soil corrections are necessary and where compacted fill would be brought into the building site area to achieve the finished subgrade elevations for each hone. -I believe this information should satisfy the Engineering Departments concern. Point #4 indicates that a temporary cul-de -sac shall be constructed at the end of Black Oaks Lane. This is our intent. Point #6 of your letter deals with the right - of-way width for Holly Lane and indicated that the City wishes to obtain 40 feet of right -of -way east of the center line of the road. We have proposed that a 30 foot right -of -way would be dedicated on the plat paralleled by the 30 foot Outlot corridors. It is our position that the taking of more than 60 feet of land from our clients for road and trail purposes would not be reasonable and so we are opposed to this extra right -of -way dedication unless compensation is granted. We would encourage you to consider what a total width of 70 feet of dedicated land would result in when extended across the 2 small parcels that the Deziel's own at the corner of Rockford Road and Holly Lane. The land area that they currently own is two tax parcels at present and under R -1A standards could conceivably be reconfigured into two normal residential lots if the City is not too aggressive in its taking of road and trailway corridor. It is entirely possible that if the City is too demanding there may only be one building site left and I am sure that Deziels would oppose that taking of their land as well. The Parks Department may wish to consider (1 hope) moving the trailway in closer to the roadway and a much narrower road and trail corridor. Point *6 of your letter indicates that the Engineering Department is requesting that a temporary emergency access roadway be provided between the Comstock Lane cul-de -sac and County Road #9 and that this access would remain open until the Black Oaks Lane temporary cul-de -sac was eliminated and the road was constructed through to County Road #9. We are opposed to the creation of a temporary access in this location for several reasons: 1. Between the cul-de -sac terminus and County Road *9 a stand of trees exists which would have to be breached for the temporary access. We do not intend to take these trees down as a part of the development process and therefore this temporary access would create a hardship on the land that is avoidable. 2. The period of time that this temporary access would exist is undetermined. It is certainly conceivable that the temporary access could be in place for two or three or five years. In any of these situations a terrible imposition would be made on the adjoining homes. 3. We would oppose this temporary access road from a traffic safety stand point. Presently our main entrance is at the Intersection of Dunkirk Lane and County Road #9. If Comstock Lane is extended to County Road #9 the intersection of Dunkirk Road and this temporary road at Comstock Lane would be very close. I believe the proximity is not appropriate. I hope that the Planning Staff and Planning Commission will concur that the road pattern that is envisioned on our plat is the best one to pursue. If however the City Staff feels very strongly that too many homes and too much dead end would exist under the temporary condition; we would suggest that the Dunkirk Lane through street could be turned into a cul-de -sac with no County Road #9 access and that the Comstock Lane cul -de -sac then could be extended through to County Road #9 and become the main entrance into GOLFVIEW ESTATES. If this alternative was favored the trees between the Comstock cul-de -sac and County Road #9 would be breached. Attachment A to this letter shows the reconfiguration of lots on Dunkirk Lane and Comstock Lane to push the access through in the Alternate location. We would appreciate it if this alternate was presented to the Planning Commission, if the Staff wishes to continue it's desire for the emergency access corridor. In Point #7 of your letter you indicate that the Staff would like the GOLFVIEW ESTATES property owners to limit the rate of discharge of storm water from the property, and the volume of runoff from the property, to the pre - development rates and volumes (for that portion of the water that would drain into future stormwater pond BC -P5.) BC -P5 is the large wetland area that stretches north from County Road #9 up through the eastern and northern edges of the GOLFVIEW ESTATES site into the Hollydale Golf Course and also between the GOLFVIEW ESTATES property and Northfork, Fawn Creek and Oxbow Ridge. You indicated that the City has not obtained all-'the easements for BC-P5 and so you are concerned about flooding. In the subdivisions that have been platted adjacent to and into BC -P5 easements have been created. We are proposing to dedicate drainage for ponding easements across that portion of the wetland which extends onto the GOLFVIEW ESTATES property. I know that the basis for the Staff's drainage concerns are a reaction to the calls that have been received by the City over the last several years from the Hollydale Golf Course owners, the Deziel's, expressing concern over the flooding of their holes numbered 6 and 7 which adjoin, or are in, the wetland. I talked to Rich Deziel by phone several days ago about his concern over whether the GOLFVIEW ESTATES subdivision would result in a increase in water draining into the wetland. He indicated that even in normal rainfalls water stands on parts of holes 6 and 7 and that it can interrupt the play of the holes and the operation of the Golf Course. The fact that the Golf Course experiences such frequent flooding (not just in extreme rainfall events) indicates that one or two problems exist. 1. Mr. Deziel believes that the down - stream ditch and culvert system (towards Plymouth Creek) needs to be cleaned out to allow quicker passage of water out of the wetland. Apparently Mr. Deziel has talked with representatives of the City about this cleaning, but todate nothing has been done, and /or 2. The reason for the frequent flooding is that the golf holes actually encroach into what was once part of the wetland and the golf holes were not filled high enough to protect them. As a part of the GOLFVIEW ESTATES subdivision our goal in the Engineering and Planning design has been to provide upland ponding basins for several purposes: 1. To provide for sedimentation of stormwater runoff pollutants prior to ultimate discharge into BC -P5 which is also a federally protected wetland. 2. These basins provide a place for evaporation to occur thereby decreasing the total volume of water which is moving downstream. 3. A third goal and benefit of the basins is to provide a place for water to be trapped long enough so that some of it can seep into the upland ground water system. 4. A tremendous benefit of these basins is to provide a place for attenuation of the peak runoff rates and a temporary storage of portions of the volume of runoff from any given rainfall event. Our intent in the design is to limit the runoff of stormwater in a 100 year rainfall event to the pre - development rate of runoff. We are not however proposing to be able to limit the volume of runoff to the pre - existing condition. This would be impractical. We would support Mr. Deziel in his request to the City and County to clean and maintain the downstream drainage facilities so that the normal rainfall events do not result in damage to anyone in the watershed. Point #8 of your letter indicates that the Engineering division requests a 16" watermain be extended along Holly Lane to provide for a future trunk watermain loop north of County Road #9. While my clients only own a small portion of the Holly Lane frontage north of-County Road *9 they would be willing to cooperate to assist in this trunk extension. We understand that the cost of the extension would be reimbursed to the developer. We have not shown this construction on our preliminary plans and have a couple of questions: 1. Does the City have or will they acquire a utility easement from the Deziel's to allow construction to pass through their property? 2. Would this watermain extension be a more appropriately a City public improvement project? We would propose that these questions and the City's desire to install this water system should be worked out prior to final approval of the construction plans and specifications for the utility system. Point #9 of your letter indicates that you expect the Lowry Hill Development Company to obtain utility easements across the property to the north of the subdivision for the extension of sanitary sewer. We propose to ask the northerly property owner (which is Hollydale Golf Course) to provide this easement at no cost to Lowry Hill Development Co. nor to the City. If they refuse to grant the easement under those terms and conditions, we would propose to move the alignment of the sanitary sewer southerly so that it is entirely within the boundaries of GOLFVIEW ESTATES. The reason that we have shown the sewer aligned as we have was to go around the wooded hillside which crosses slightly on to the golf course property and basically to run the sewer line along the wetland edge and below the mature tree line. Point #10 of your letter indicates that the Engineering department wishes us to show the sanitary sewer elevation for the sewer to serve the golf course property to be at elevation 952. I intend to meet with the City Engineer and his representatives to work through the details of sewer elevations. We would not be changing the preliminary plan at this time. Point #11 of your letter indicates that the developer will be responsible for the costs of curb and gutter on County Road #9 and Holly Lane. Do you intend to upgrade these roads soon or are you merely indicating that the future lot owners in GOLFVIEW ESTATES (that border on these roads) should be aware of a future assessment. As a part of the development of the GOLFVIEW ESTATES subdivision we do not propose to upgrade either County Road #9 or Holly Lane. If improvements on these roadways are necessary we would encourage the City to undertake a public improvement project and to determine the assessments and relative benefits to the properties along the roadways at that time. Point #12 indicates that the developer shall enter into a agreement with the City to pay for area charges and over depth costs for project #040. At the hearing for the trunk sanitary sewer, the Lowry Hill Development Co. agreed to pay for over depth costs to extend the sewer to their property deeply enough to gravity service the golf course property. They would also certainly accept assessments for normal sewer trunk and water trunk for their property at the time of final plat approval. Point #13 indicates the City wishes the sanitary sewer line extended westerly all the way to Holly Lane. We will work with the Engineering department to work out the logistics of the utility configurations as we proceed into the final design of the utility and street portions of the project. Point #14 requests that the plat be redesigned to provide internal access to the exception parcels at the corner of Holly Lane and Rockford Road. As I have pointed out earlier in this letter the Deziel family owns two parcels that total about 1 acre of land. Neither parcel has a structure on it at present. If the City is not too aggressive with its demands for additional street right -of -way and trail corridor it would be possible to redivide the Deziel parcels to allow two R -1A stanch* residential lots. Both of these lots could be adequately served by direct driveway access to Holly Lane in the same manner that the other homes along Holly Lane are presently served. We show a sanitary sewer line extended to the Deziel property. This coupled with the watermain that would be built in Holly Lane would provide full sewer and water service for the land. We are not supportive of extending an internal street to serve the Deziel property. We think it is adequately served at present. We are very concerned that if this 1 acre parcel had street right -of -way on three sides of it that it would be a mistake. Point #15 of your letter requests that we provide all fire hydrant Engineering details on these plans. We have not added these details to the preliminary stage plans but fully intend to do so in the final construction set of plans. Please carry this item forward in the engineers memo and we will pick it up later. Point #16 requests that we note fire department requirements on the plans relative to temporary access and water supply and the details for hydrant and gate valve installation. As in #15 we have not added this information in the Preliminary Engineering plans as it has a better place on the final construction plans and I would reiterate that it is our intent to comply with established City Standards for the future publicly owned facilities. In Point #17 you indicate that you wish us to specify that all fire hydrants are capable of handling a flow of 1250 gallons per minute. As in the preceding points we fully intend to specify City approved equipment for sewer, water, storm sewer and street construction. Point #18 points out that a maximum of two development "signs" or entrance monuments are permitted in the project with a total surface square footage of 32 sq.ft. The exact location, design and material construction for these signs would be determined following preliminary stage approvals. We understand that the City is interested in reviewing the easements that would be created for the signs to sit on and interested in how the long term maintenance would be handled. These details will be worked out in the future and presented to the City for consideration. Point #19 indicates that this property was part of the Comprehensive Plan Review. The land use designation of this parcel changed from LA2 to LA1 at that time. This plat is being presented in conformance with densities anticipated under the LA1 guiding and our requested rezoning of R -1A is consistent with this I.A1 guiding as well. Hopefully the Metropolitan Council will soon approve your comprehensive plan, I frankly can not understand them taking so long. Please continue to press for the necessary Metropolitan Council approvals. In Point #20 you indicate that you have determined that the Lot width for Lot 5, Block 1, and Lot 6, Block 3, are substandard and you indicate the plans must comply with the 110 foot lot width minimum requirement. Lot 5, Block 1 has been redesigned as a part of the installation of the 30 foot trail corridor along Holly Lane. This and other lots in the subdivision are intended to be 110 feet wide at the building setback line as per the ordinance. As part of the final plat computation process we will check each lot for minimum width at the 35 foot front yard setback line and also check each lot to assure that they contain at least 18,500 square feet. In your Point #21 you indicate that you wish a more detailed tree preservation plan be submitted. All trees that meet the minimum standards are to be shown. This request presents a hardship. The easterly portion of this property is so densely treed that the location of the trees are nearly impossible to determine without some tree removal or brushing of lines that would be harmful to the trees. We have located the free standing trees and the less dense groups of trees and shown them on the plan. The very dense easterly growth is an old nursery area that has run wild. It seems to me that the City should wait until the individual lot surveys come in to determine which trees are outside the construction zone on each lot. The location of the road and house placements along it (in the densely treed area) in my opinion does not matter tremendously. Whether you move the road 10 feet this way or 10 feet that way you would impact basically the same number of trees. I hope that the Staff and Planning Commission and Council will find this approach to be logical. If not I am certainly open to suggestions. Your Point #22 indicates that our survey should to be revised to show all existing easements. We are showing all easements that we are aware of. Once a title opinion has been completed any additional easements which are found to exist will be added to the survey and or the final plat. Finally Point #23 of your letter indicates that you have sent the Hennepin County Public Works Department comments on the plat. Just a few comments relative to their requests. As they indicate our preliminary plat indicates a dedication of a total of 40 feet from centerline of County Road #9 northward for public right -of -way which they concur is correct. The County has approved of the location of our main entrance point opposite Dunkirk Lane, which we are pleased with. Thirdly they indicate that the Holly Lane access to County Road #9 should have a minimum throat of 26 feet and 30 foot radii, and the County is recommending that this access point include a right turn and by -pass lane. As you known we are not proposing any improvement in front of the Deziel property nor are we proposing improvements in the way of street widening for Holly Lane or County Road #9, so this point seems to be directed towards the City and not specifically this plat. The developer is required to obtain an approved entrance permit for the entrance. We are aware of this requirement and would pursue the entrance permit prior to construction start. The County indicates that all other access to County Road *9 must be via the existing or proposed City street system. We would concur that this is appropriate. You should note that they are not aware of the Staff's consideration of a temporary access so close to Dunkirk Dane. I am not sure they would support that temporary access. In Point *6 the County reminds us that any work in their right -of -way requires a permit, both for utility and for roadway construction of an entrance. Again our intent would be to pursue these permits prior to construction start. Lastly the County indicates that any disturbed areas within their right -of -way must be restored. Our construction plans would speak to this restoration. Thank you for the opportunity to comment about the OOLFVIEW ESTATES project. We hope that the Staff can proceed to prepare reports and schedule a public hearing. Should you take exception to our position on any of these points, please let me know so we can sit down again and work things through. Sincerely, SATHRE- BERGQUIST, INC. Richard W. Sathre, P.E. RWS /dm attachments cc: Lowery Hill Development Co. PLYuOUT" GUN Ue 104 - Z -- A T. 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Ir II _••••••••sLriz :lLlslLa - ••••••••sLSS: I ' II'I III I1 1 z. fitF i f it I T 7- 7i t M N SCA" cw WILts E FUNCTIONAL CLASSIFICATION NOTICE TO USERS + PMvd me** Mclw comemm 1. Ift coy Co6ovd way OU"%"* affm,o -a - to VaptrOroo A s soma or omvnomwft a inWmodicft Ano-ob MIXX CO"c"s non%~ by vo cafty"-dv NOTE Mw= Aftdoft 0 EftvV weRzong- Deve6opffore Dopo"ont. THIS PLAN IS USED TO GUIDE DEVELOPMENT OF THE PO-*o hvemrmnq" 2. Rely to Convearo" Plop THOROUGHFARE SYSTEM. ACTUAL ALIGNMENT AND for expoma-cn of Vcrougmt" DESIGN WILL BE A FUNCTION OF SPECIFIC PLANS OAOO ox)A APPROVED BY THE CITY ODLWCL S RFr 1990 THOROUGHFARE PLAN Pumoum 13 l... 3: j 3•rZi•i:.L i. 1 s.. i S:I• ;fIij'. s saai s3 3 : osD ;'3 3Y$= #i s ia 3i•a t t t: f I :...:. t t t i t CO. RD. 47 - 4010w an an o9oftol — 4SOTOAge 4W r. sa.w---- t - - - -- Y a Toawe 01.01.. Z Z , o i0101. SITE - :: _ , i - i 0101 r O .. da , 0101_, e as TO •.t i ~ 1 0101 - w • • •. ROCK RD ODD do TO awe P" 0101. 0101 _— ... -- — -• '--'' N TO •vt No a 01.01 J s CO Ilk- Ol X11 _ _ • t -. 1 / _ — .' - — -- - _ , January 1990 3. Whenever possible, arterials should be laid out in a grid pattern. At the same time, however, the arterial pattern should be sensitive to prevailing environmental concerns and constraints to create parcels of land that are easily platted, and to create intersections where adjacent legs are at right angles to each other. 4. Arterials should provide continuity, because the primary function of an arterial is to provide for the through movement of traffic. 5. Each link in the arterial system should be designed to perform its specific function within the total transportation system. In other words, the design should match the anticipated load. 6. Arterials should respect the integrity and stability of neighborhoods. 7. Arterials should be fully integrated with existing and planned mass transit systems. S. Roadway widths are a function of traffic demand not classifications. A roadway is not built to four lanes because it is an arterial, but it is built to that width to accommodate the volume of traffic it is expected to carry see Table 7). The length of trips that are served is more a determining factor for roadway classification. 1. In general, major collector streets should only provide access to abutting properties that are major traffic generators (shopping centers, office parks, etc.). 2. Access to other abutting properties should be provided from local streets and minor collectors. 1 3. Major collectors should serve trip lengths of between three to five miles. 4. The intersections of major collectors with arterials will likely be signalized. Major collectors should not intersect minor arterials at less than one quarter mile spacing. Intersections of major collectors with principal or intermediate arterials should generally be no less than at one half mile intervals. 5. The design of major collectors should reflect the function of providing a more mobility and less land access. 6. The design of major collectors should provide for medium range speeds (40 mph) to attract traffic from local streets. 32 January 1990 b. Access to the lot is provided jointly with other lots created as part of the same subdivision such that minimum driveway spacing, corner clearance, and (pre - subdivision) property clearance requirements (specified elsewhere) are met. c. Access to the lot is provided jointly with adjacent lot(s) not part of the same subdivision such that no additional driveways are created, and provided that, to the extent possible, minimum driveway spacing, corner clearance, and (combined) property clearance requirements are satisfied by the combination of lots served by the existing or relocated joint access driveway. d. Access to the lot is ultimately to be provided from $a frontage or service road (paralleling the arterial) which has been planned and officially approved by the participating agencies, and right -of -way dedication along the arterial adjacent to the lot totals at least 100 feet from the arterial street centerline or any other distance designated on the approved plans. 2. No new subdivision shall create any parcels zoned for single - family or duplex residential uses fronting on an arterial or major collector street. Subdividers should be encouraged to have all of these lots front on local streets or minor collectors. To the extent possible, lots abutting arterial or major collector street rights -of -way should have their back yards face the arterial or major collector. oning Ordinance Provisions Front Yards - -To ensure that joint access ultimately can be provided to parcels of substandard width along arterial and major collector streets, front yards of all parcels abutting a designated arterial or major collector street except those in single - family and duplex residential zoning districts should be a minimum of 100 feet. Other Provision - -The zoning ordinance should also incorporate the other arterial and major collector driveway access guidelines which follow or refer to a separate driveway ordinance, if one is enacted. Driveway Ordinance Provisions Internal Design and Access Review - -When processing site plans and plots, city staff should review not only the driveway location and design, but also the internal site plan. For any development for which more than one driveway is being requested, the applicant should be required to submit a brief report justifying the need, describing the internal circulation f January 1990 Driveway Access Control Policy Driveway access to abutting parcels is generally regulated by the agency which has jurisdiction over the roadway. Effective control of driveway access on the entire street system of a community usually requires cooperation of municipal, county, and state officials. At present, access control of arterial and major collector streets and highways by most agencies is weak or ineffective. Often policies are not written, making application inconsistent and difficult to enforce. Agencies operating in a common area also usually have differing policies, making uniform control difficult and permitting undesirable precedents to be established. However, by adopting ordinance standards for arterial and major collector driveway access control, Plymouth can extend its policies to all arterial and major collector streets in the community, regardless of jurisdiction. The policy also becomes legally enforceable. Driveway access standards could be incorporated into the Code or the zoning ordinance. Ordinance Provisions -- General Neither a building permit nor a driveway permit should be issued unless and until all zoning and driveway requirements are met and site plans approved. Subdivision Code Provisions - -Lot Widths The minimum desirable widths for lots fronting on an arterial or major collector should be about 20 to 30 percent greater than the minimum driving spacing shown in Table B. Hence, the Subdivision Code should incorporate the following provisions: 1. No lot having a width parallel to the arterial or major collector street right -of -way line of less than 200 feet should front on a designated arterial street (example for 30 mph arterial or major collector), unless one of the following conditions is met: a. Access to the lot is limited to streets other than arterial and major collector streets (commercial and industrial districts should not be given access on residential streets). 5•D. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 30, 1991 COMMISSION MEETING DATE: August 14, 1991 FILE NO.: 91051 PETITIONER: John Henning REQUEST: Amended Preliminary Plat /Final Plat and Subdivision Variances LOCATION: North of Sunset Trail at 3rd Avenue North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential District) BACKGROUND: On June 7, 1982, the City Council, by Resolution 82 -264 approved a Preliminary Plat for a 32 lot single family subdivision known as "Hennings 1st Addition ". Subsequent to that action Final Plats for the seven lot first phase and 15 lot second phases were approved as Final Plats. On November 20, 1989, the City Council, by Resolution 89 -747, approved an eight lot Final Plat known as "Sunset Valley Homes 2nd Addition" for this site. The Final Plat mylars were not recorded at Hennepin County. Notice of this Public Hearing has been published in the Official City Newspaper, and all property owners within 100 feet have been notified. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. Proposed is an amendment to the design for the final phase of the Sunset Valley Homes residential subdivision to increase the number of lots from eight to nine. . Both the previously approved Preliminary Plat and Final Plat must be amended to accomplish the design change now proposed. 2. The proposal to add one lot to this phase of the subdivision results in two proposed lots that would have a lot width at the front setback line of less than the 110 foot standard for single family detached lots in the R- lA Zoning District. Also, three lots of the previously approved Preliminary Plat were less than 110 feet in width at the front setback line and therefore are noncompliant with the Zoning Ordinance. No variance was applied for or approved at the time of the original Preliminary Plat for this area was processed in 1983. Lots for which variances are now applied for from the Zoning Ordinance standard of 110 feet width at the front setback line are as follows: see next page) Page Two File 91051 a. Lot 4 - 105 feet versus 110 feet b. Lot 5 - 80 feet versus 110 feet c. Lot 6 - 94 feet versus 110 feet d. Lot 7 - 86 feet versus 110 feet e. Lot 8 - 93 feet versus 110 feet Proposed Lots 7 and 8 are the "new" lots for which variances are requested. Proposed Lots 4, 5, and 6 are identical to the previously approved Preliminary Plat for which variances should have been applied for. 3. A variance is also requested to allow the lot width at the rear property line for proposed Lot 9 to be zero versus the Ordinance Standard of 30 feet. Configuration of this lot has not changed (although the size has) since the original Preliminary Plat, and therefore, this variance should have been applied for at that time as well. 4. The additional lot is proposed to be situated on the east side of proposed Kirkwood Lane resulting from the adjustment of property lines for the three previous lots on that side of the street to now create four. The lot areas for all lots within the proposed subdivision will remain in excess,of 18,500 square feet, the R -1A Zoning Ordinance Standard. 5. In all other respects the proposed amended Preliminary and Final Plat meets or exceeds Zoning Ordinance and Subdivision Ordinance standards for single family residence lots in the R -1A Zoning District. 6. Dimensional standards for proposed lots in a subdivision Preliminary Plat must meet Zoning Ordinance requirements as to minimum lot area, width and depth. Variances proposed to those standards are reviewed subject to the provisions of Section 500.41 of the City Code where three findings are specified that must be made by the Planning Commission before any variance is approved. A copy of those three findings together with the applicant's narrative in support of the variances, and in response to the findings is attached. PLANNING STAFF COMMENTS: 1. Except with respect to the variances noted, the Preliminary and Final Plat comply with the provisions of the Subdivision Code, Zoning Ordinance, and other related codes, policies and ordinances of the City of Plymouth related to conventional platting in the R -1A Zoning District. 2. The proposal to add one lot to the plat will not result in the dwelling unit density, based on land area of the plat, exceeding R -IA district standards. All lots will remain in excess of 18,500 square feet. 3. The variances requested, both the four which were a part of the earlier plat, and the two that result from the current proposal to add one more lot to the plat are at least partly a result of the unusual shape of the parcel proposed for platting, and the difficult topographic relief of the site. see next page) Page Three File 91051 4. The sum of the frontage at the 35 foot front setback line along both sides of the proposed Kirkwood Lane when divided by the nine lots now proposed yields an average lot width at the front setback line approximately 120 feet. While the Zoning Ordinance does not speak in terms of avera'ej such a calculation does suggest that the developer, if the shape of the parcel and topographic conditions of the site would permit, could rearrange lot lines to create lots with a standard width at the front setback line. 4. Due partly to the varied topography of this site we do not find that the variance requests for lot widths at the setback line, or lot width at the rear property line in the case of Lot 9, will result in an appearance of development inconsistent with the R -1A standard. 5. We find the variance requests comply with the findings the Planning Commission must make consistent with Section 500.41 of the City Code. RECOMMENDATION: I recommend adoption of the attached resolutions providing for the approval of the amended Preliminary Plat including lot width variances; amended Final Plat; and, an amended Resolution Setting Conditions prior to recording of the Final Plat. Submitted by: ity Development Coordinator ATTACHMENTS: 1. Resolution Approving Amended Preliminary Plat and Approving Variances 2. Resolution Approving Amended Final Plat 3. Resolution Setting Conditions Prior to Recording 4. Engineer's Memo 5. Subdivision Variance Criteria 6. Applicant's Narrative in Support of Variances 7. Location Map 8. Amended Preliminary Plat 9. Amended Final Plat 10. Previously Approved Final Plat pc /jk /91051:dh) APPROVING AMENDED PRELIMINARY PLAT AND SUBDIVISION VARIANCES FOR JOHN HENNING FOR SUNSET VALLEY HOMES 2ND ADDITION (91051) WHEREAS, John Henning has requested approval for an amended Preliminary Plat and Subdivision Variances for Sunset Valley Homes 2nd Addition, a plat for nine lots on 5.05 acres located North of Sunset Trail at 3rd Avenue; 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 John Henning for an amended Preliminary Plat and Subdivision Variances for Sunset Valley Homes 2nd Addition for nine lots located North of Sunset Trail at 3rd Avenue, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No building permits shall be issued until a contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 9. Compliance with applicable terms of conditions of City Council Resolution 82 -264 (Preliminary Plat of Henning's 1st Addition). 10. Subdivision Variances are found to comply with the criteria of the Subdivision Ordinance and are approved as follows: a. Lot 4 - Lot width at the front setback line of 105 feet versus 110 feet Ordinance Standard. b. Lot 5 - Lot width at the front setback line of 80 feet versus 110 feet Ordinance Standard. see next page) Page Two File 91051 c. Lot 6 - Lot width at the front setback line of 94 feet versus 110 feet Ordinance Standard. d. Lot 7 - Lot width at the front setback line of 86 feet versus 110 feet Ordinance Standard. e. Lot 8 - Lot width at the front setback line of 93 feet versus 110 feet Ordinance Standard. f. Lot 9 - Lot width at the rear property line of 0 feet versus the Ordinance Standard of 30 feet. res /pc /91051.pp:dh) APPROVING AMENDED FINAL PLAT FOR JOHN HENNING FOR SUNSET VALLEY HOMES 2ND ADDITION (91051) WHEREAS, has requested approval of an amended Final Plat for Sunset Valley Homes 2nd Addition to increase the number of lots from 8 to 9 located North of Sunset Trail at 3rd Avenue; and, WHEREAS, the City staff has prepared a Development Contract covering the improvements related to said plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the amended Final Plat and Development Contract for Sunset Valley Homes 2nd Addition located North of Sunset Trail at 3rd Avenue; and, FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. res /pc /91051.fp:dh) SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO THE AMENDED FINAL PLAT FOR SUNSET VALLEY HOMES 2ND ADDITION (91051) WHEREAS, the City Council has approved the amended Final Plat and Development Contract for Sunset Valley Homes 2nd Addition; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. The Ordinance rezoning the property shall be published upon evidence that the Final Plat has been filed and recorded with Hennepin County. 3. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at the time of filing the Final Plat. 4. No building permits shall be issued until a contract has been awarded for the construction of municipal sewer and water. 5. Removal of all dead or dying trees from the property at the owner's expense. 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 yard setback variances are granted or implied. 8. Approved variances are: Lot 4 - Lot width at the front setback line of 105 feet versus 110 feet Ordinance Standard. Lot 5 - Lot width at the front setback line of 80 feet versus 110 feet Ordinance Standard. Lot 6 - Lot width at the front setback line of 94 feet versus 110 feet Ordinance Standard. Lot 7 - Lot width at the front setback line of 86 feet versus 110 feet Ordinance Standard. Lot 8 - Lot width at the front setback line of 93 feet versus 110 feet Ordinance Standard. Lot 9 - Lot width at the rear property line of 0 feet versus the Ordinance Standard of 30 feet. 9. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. see next page) Page Two File 91051 10. No building permits to be issued until the Final Plat is filed and recorded with Hennepin County. 11. Access shall be limited to internal public roads and prohibited from Sunset Trail. 12. The Development Contract as approved by the City Council, shall be fully executed prior to releaW of the Final Plat. res /pc /91051.sc:dh) i' l City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: August 6, 1991 FILE NO.: 91051 PETITIONER: Mr. John Henning, Sunset Valley Homes, 11425 Highway 55, Plymouth, MN 55441 FINAL PLAT: SUNSET VALLEY HOMES SECOND ADDITION (REVISED) LOCATION: North of Sunset Trail, west of Jonquil Lane in the southwest 1/4 of Section 35. ASSESSMENT RECORDS: N/A Yes No 1. _ia_ Watermain area assessments have been levied based on proposed use. 2. _ X _ Sanitary sewer area assessments have been levied based on proposed use. 3. 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: None. 5. Other additional assessments estimated: None. N/A Yes No 6. _ X _ Complies with standard utility /drainage easements - The City will require utility and drainage easements ten feet 101) in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. — -X — 8. — X — 9. 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 construction plans and the following changes are necessary: 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. 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 subseguently 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 11. — X — All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR Bassett Creek Mn DOT Minnehaha Creek 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. 2 - N/A Yes No 12. X_ 13. — _X_ — 14. X _ 15. X_ UTILITIES: N/A Yes No 16. X _ Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and All existing street rights -of -way are required width - Additional right -of -way will be required on 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 17. _ X _ Final utility plans submitted comply with all City requirements - The developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). 18. X _ Per developer's request final plans 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, if the developer is paying 1002 of the cost. 19. _ x Minimum basement elevations - Minimum basement elevations must be established for the following lots. The minimum basement elevations shall be 910.7 for Lots 4. 5 and 6. Block 1. 20. _ X The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. _ X _ The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - N/A Yes No 22. _ X It will be necessary to contact Bob Fasching, the City's public 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 wet tap. N/A Yes No 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: Submitted by: '- 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. Lpplication Rem. 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. form:o >pl /sub.stnd /s) 10/89 Refer 1. Lot 9 Block 1 SSVH Request a variance for Lot 9 because it does not meet Sub division Ordinance for a 30 foot minimum width at the rear lot line. At the present design - lot 9 has the required minimum 18,500 sq feet. To change the design would alter the required minimum square feet needed. It is requested that lot 9 block 1 remain as redesigned and that the variance be for the required 30 foot minimum width at the rear lot line. Re Variance Standards a) Strict application of the Ordinance would deprive us the use of this lot. b) The variance is necessary to allow us normal property use. c) The granting of the variance will not be detrimental to the public welfare or injurious to other property in this development or neighborhood. LI Refer 2. Lots 4 - 5 - 6 and 7 Block 1 SSVH Request a variance for lots 4 - 5 - 6 and 7 of Block 1, SSVH because these lots do not meet the Zoning Ordinance for minimum width at the front yard set back line. A 110 foot width is required at the 35 foot front yard setback on each of these lots. Request that the variance be granted to permit these lots to be as redesigned. These lots as originally designed do not meet the required measurements because of all of these lots being on a cul de sac in a pie shape figuration. Re Variance Standards 1. Using a cul de sac to gain excess to all parcels results in this particular physical shape. 2. The variation is based upon the unique shape due to a cul de sac. 3. The purpose of using a cul de sac is to gain excess to all parcels of the property. 4. The hardship relief is a needed variance from the Ordinance requirements. 5. By granting the variance the public welfare and the neighborhood will be improved as well as the areas adjacent to them. 6. This variation will not impair: a) supply of light b) air to adjacent properties c) increase congestion of public streets d) increase danger of fire or public safety e) diminish or impair property values in the neighborhood. Refer 2. Lot 8 Block 1 SSVH Request a variance for lot 8, block 1, SSVH This lot does not meet the Zoning Ordinance for minimum width at the front yard set back line. A 110 foot width is required at the 35 foot front yard setback on this lot. Request that a variance be granted to permit this lot to be as redesigned. Re Variance Standards 1. The size of this parcel has been designed to meet the minimum of 18,500 sq ft.To change the design of this lot would effect adjacent lots to be deficient in size or sq ft area. The variance is to permit the minimum width to be less than 110 feet wide. 2. This variance is requested due to the same as stated in (1) above. 3. The purpose of the variation: Originally lot 8 which has been redesigned into lots 8 and 9 was the site of the Farm Home of John L. Henning the project developer. This home was situated so that it occupied more land space then a normal size lot would and Jack Henning planned to Remodel this old farm home to look modern. The builders today refuse to build an expensive new home amongst an old remodeled farm home and convinced us to destroy the farm home. We have done this. Another objection was that the lot is a corner lot with a lot of square footage on Sunset Trail as well as on the cul de sac - Kirkwood Lane. The real estate taxes of a lot - twice the size of other lots may cause an excess amount of real estate taxes for a new owner compared to adjacent lots. Continued - Refer 2. Lot 8 Block 1 SSVH - Continued It appears that the lots as redesigned overcome these major objections to the orignal design. The redesign was not to increase income potential but is for the purpose of obtaining builders willing to build on these lots so as to complete the development and to be an improvement overall. 4. The hardship relief is a needed variance from the Ordinance requirements. S. By granting the variance the public welfare and the neighberhood will be improved as well as the areas adjacent to them. 6. This variation will not impair: a) supply of light b) air to adjacent properties c) increase congestion of public streets d) increase danger of fire or public safety e) diminish or impair property values in the neighborhood. 1 MIA SMBRIMI I KID JUNIOR -M HIGH SCHOCX- 111= =1 =_ WON r•.1ice - - som- 'i 0 all KIRZOOD Ilkfill, if 0-4 Is 7 Si4iRE n ti 0 a c Z n 0 n 0 n s fill 1i 1 Ir I. C o 1 BENS Im 1 3RC AVENUE t NOM • ` ,, {. :. Z 1 r 1 i s 1 frlr, !fir• 1 tl II•• is I'' fill it:11, t t • 1 I 1. l tt .• i . i t 1 1 V! 1 1 Cy 1 1.y1 z,^ 1 1 VI1 1 3 O J W y t C7 0 X 0 1 f n ti 0 a c Z n 0 n 0 n s fill 1i 1 Ir I. C o 1 BENS Im 1 3RC AVENUE t NOM • ` ,, {. :. Z 1 r 1 i s 1 frlr, !fir• 1 tl II•• is I'' fill it:11, t t • 1 I 1. l tt .• i . i t 1 1 V! 1 1 Cy 1 1.y1 z,^ 1 1 VI1 1 3 O J W y t C7 0 X 0 1 5•E• CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 30, 1991 COMMISSION MEETING DATE: August 14, 1991 FILE NO.: 91058 PETITIONER: Graybow Daniels REQUEST: Amended Site Plan and Conditional Use Permit for outdoor storage for redesign of the site to accommodate outside storage LOCATION: 2400 Xenium Lane GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I -1 (Planned Industrial District) BACKGROUND: On February 28, 1972, the City Council, by Resolution 72 -73, approved a Site Plan and Conditional Use Permit for construction of a manufacturing building on this site for Litton Microwave Products. By Resolutions 73 -46 and 73 -133, the City Council, approved two expansion phases for this structure in 1973, resulting in the existing 210,300 square foot structure. On November 7, 1977, the City Council, by Resolution 77 -627, approved a lot division for this property, detaching the southerly two acres of what was then a 14.17 acre parcel. The remaining 12.17 acre parcel was of sufficient size to accommodate the Site Plan for Litton. In 1983 occupancy of the site and building changed from the manufacturing operations of Litton Microwave to the distribution operations of Target Stores. At that time the external and internal appearance of the site and building did not change but the use characteristics for the site changed from a predominately manufacturing (employee- based) use to an exclusive office /warehouse (storage based) use. The most significant operational change was a substantial reduction in the number of employees at the site and the resulting need for off - street parking. Notice of this Public Hearing has been published in the Official City Newspaper, and all property owners within 500 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes utilization of approximately 70,000 square feet of the paved surface of the site (north and south of the existing building) for outside storage of pipe and plumbing fixtures in the same manner as they now store these same items at their facility at 9700 13th Avenue North. Screening of the outdoor storage is proposed by installing P.V.C. plastic slats in the existing seven foot chain -link fence that surrounds the portion of the site proposed for use for outdoor storage. see next page) Page Two File 91058 2. The Plymouth Zoning Ordinance, in Section 8, specifies that any outdoor storage of materials or equipment in the I -1 Zoning District is allowed only after approval of a Conditional Use Permit for such storage. The Zoning Ordinance also prescribes in Section 10, Subdivision C, Paragraph 4, that any such outdoor storage must be located and screened according to 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. The Zoning Ordinance also provides that screening of outdoor storage from adjoining properties and from the public street may be waived totally or partially by the City Council in conjunction with the Conditional Use Permit for the outdoor storage. 3. The materials to be used for the screening of outdoor storage are not specified by the Zoning Ordinance except that, if landscape materials are proposed they must provide at least 90% opacity year - round. The applicant has been advised by staff that the standard that has been applied for Conditional Use Permits to allow outdoor storage has been that screening of that storage should be, if by fencing, either vertical board or a masonry. While screening by use of metal or plastic slats in a chain -link fence may exist elsewhere in the City (such as at the current Graybow Daniels facility on 13th Avenue North) all Conditional Use Permit approvals for outdoor storage in recent years have been for fencing of either masonry or vertical board design. 4. The applicant proposes outside storage on bituminous areas of the site that already exist. The occupancy of the site by Litton Industries in the 1970's was manufacturing- intensive, resulting in the layout and surfacing of the site to accommodate 419 off - street parking spaces (well in excess of the Ordinance requirement for that use at that time). The use of the site by Target as a distribution center was exclusively office /warehouse in nature and our review of aerial photos taken during the Target occupancy reveals automobile parking only in the spaces in front of the building (Xenium Lane side), with the asphalted areas on the north and south sides of the building used for semi - trailer circulation and overnight storage. 5. This applicant proposes to utilize the building in a manner similar to that of the Target occupancy - primarily for warehousing. They propose to retain as automobile parking a 11existingspaceswestofthefenced -in area along Xenium Lane and to add 41 spaces of diagonal parking along the north property line, for a total of 206 off - street parking spaces, the Zoning Ordinance standard for 'warehouse /office occupancy of the mix proposed. 6. The applicant has also presented a "proof -of- parking" plan showing the capability of the site to accommodate 447 off - street parking spaces if required, but without use of the site for outdoor storage as now proposed. Current Zoning Ordinance requirements are that a building designed to accommodate uses that may require two or more different parking standards see next page) Page Three File 91058 based on potential occupancy must have offstreet parking responsive to the standard providing the greatest amount of parking. The applicant states that 180,000 square feet of the existing structure can be classified as having the potential for either manufacturing or warehousing use. Therefore, the manufacturing parking standard (the greater of the two) is applicable. Using the manufacturing standard for the multiple use potential portion of the building and the office parking standard portion of the building designed to used be exclusively as offices results in an off - street parking requirement for this site of 647 spaces. 7. The Zoning Ordinance also provides that the Planning Commission may recommend and the City Council may approve a "proof -of- parking" plan which proposes to initially install only a portion of the required parking but demonstrates that the full complement of the required parking could be installed on the property w— it h an Ordinance Standards at a later date as determined by the City. The applicant has provided a proof -of- parking plan, as noted above, that shows how 447 cars could be accommodated on the site versus the 647 cars that proof -of- parking plan should show responsive to the Zoning Ordinance Standards. 8. A Conditional Use Permit for any purpose must be consistent with the six standards found in Section 9 of the Zoning Ordinance. A copy of those standards and the applicant's response to standards is attached. PLANNING STAFF COMMENTS: 1. Outdoor storage, particularly of raw materials or manufactured products, is, essentially, a method to increase site utilization without the expense of constructing a building. Certain products can be warehoused without regard to protection from weather, while others can not. In terms of zoning impacts resulting from site utilization, whether a product stored on the site is inside or outside the building makes little difference. The zoning issues are the same regarding the coverage of the site; appearance to the public and adjoining property owners of the site; and, number of employees required to operate the site and their required off - street parking. The 70,000 square feet proposed as outdoor storage by this applicant is little different than proposing 70,000 square feet of additional building. 2. There are physical reasons for our preference for the screening of outdoor storage to be either vertical board or masonry, beyond the fact that all such fences have been of those materials in recent years. From our observation, plastic slats in chain -link fences neither are initially as appealing in appearance, nor retain appearance as well over time as does masonry or vertical board screening. The plastic slat screening also appears more conducive to damage by weather or contact by vehicles than masonry or vertical board fencing. see next page) Page Four File 91058 3. This site was not originally designed in terms of the site area available for off - street parking in proportion to the square footage of the structures on the site to accommodate off - street parking at grade that would be required to support 100% utilization of the multi -use portion of the structure as manufacturing. The proposed Conditional Use Permit for outdoor storage utilizing approximately 70,000 square feet of site would work to further limit the capability of the site to accommodate parking sufficient to support a future manufacturing use - if that outdoor storage is retained as a part of that future manufacturing use. RECOMMENDATION: We recommend that a condition of a Conditional Use Permit clearly specify that any change in use of the structure invalidate the Conditional Use Permit for outside storage. I recommend adoption of the attached resolution providing for the approval of a Conditional Use Permit to allow outdoor storage on this site, as requested by the applicant, but subject to the standard conditions regarding such outdoor storage and conditions related to the type of screening to be used for the storage and prohibiting a change of occupancy for the structure. Submitted by: erua, community ueveiopment Loorainator ATTACHMENTS: 1. Resolution Approving Amended Site Plan and Conditional Use Permit for Outdoor Storage for Redesign 2. Zoning Ordinance Excerpts 3. Petitioner's Communication 4. Location Map 5. Site Graphics pc /jk /91058:dh) APPROVING AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR GRAYBOW DANIELS 91058) WHEREAS, Graybow Daniels has requested approval for an amended Site Plan and a Conditional Use Permit for outdoor storage for property located at 2400 Xenium 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 Graybow Daniels for an amended Site Plan and Conditional Use Permit for outdoor storage for property located at 2400 Xenium Lane, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to Graybow Daniels for outdoor storage and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. All waste and waste containers shall be stored within approved designated areas. 5. The permit shall be renewed annually to assure compliance with the conditions. 6. All parking shall be offstreet in designated areas which comply with the Zoning Ordinance. 7. The Conditional Use Permit is for outdoor storage on portions of the site that would be required for offstreet parking should use of the building be changed from 180,000 square feet of warehousing in the future. Any change of use in the portion of the building designated for warehouse resulting in a more intensive use shall invalidate the Conditional Use Permit for outdoor storage. A revised p a n may then be submitted that shows additional parking in lieu of same or all of the outdoor storage. 8. Screening of outdoor storage hereby approved shall be only by vertical board or masonry fence of sufficient height to completely screen all items stored outside. res /pc /91058.cup:dh) PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C c. In determining the depth of rear yard for any building where the rear ya opens into an alley, one -half (1/2) of the width of the alley, but no exceeding ten (10) feet, may be considered as a portion of the re and subject to the following qualifications: 1) The depth of any rear yard shall not be reduced to s than ten (10) feet by the application of this exception. 2) If the door of any building or improve men except a fence, opens toward an alley., it shall not be erected or a lished closer to the center line of an alley than a distance o fteen (15) feet. (Amended Ord. No. 85 -07) Yard Landscaping: In all classes of business industrial districts, all required yards shall either be open landscap nd green areas or be left in a natural state, except as provided by Subdi ion B, paragraph 5(f) of this Section. Yards to be landscaped shall andscaped attractively with lawn, trees, shrubs, etc., in accordance wi he adopted landscaping standards and criteria policy. Any areas left in a ural state shall be properly maintained in a sightly and well -kept conditi . Yards adjoining any of the Classes of RESIDENCE DISTRICTS shall be lan ped with planting buffers or other screens. Plans for such screen shall ubmitted as a part of the application for site plan approval and building 4. Outside Storage and Display: (Amend. Ord. 90 -38 & Ord. 91 -14) a. In all classes of business districts and the Industrial District, outside storage in any required front, side or rear yard shall be prohibited. b. Any other outside 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. The screening of outside storage from adjoining property and from the public street in the Business District and in the Industrial District may be waived totally or partially by the City Council in conjunction with a Conditional Use Permit for the outside storage. c. Outside storage of materials involving an enclosure of up to 120 square feet properly located on a site in accordance with plans approved by the City may be allowed in the B -2 and B -3 Districts with an administrative permit issued in accordance with the requirements of this subdivision. d. Outside display of merchandise may be allowed in the B -2 and B -3 districts by administrative permit issued pursuant to the requirements of this subdivision subject to the following: 1) Automotive products may be displayed in the pump island area of service stations which have a current operating license. 2) Vending machines accessory to and under the management of the principal allowable use. 10 -43 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision C 3) The maximum amount of outside display allowed is 50 percent of the linear structural frontage on the main entrance side of the principal building; a maximum 4 feet depth measured from the exterior wall of the building; and a maximum height of 6 feet. 4) Outside display of merchandise shall involve no additional signage other than for price of the product where the package of the merchandise itself has sign value. No lot shall be so reduced that the area of the lot or dimensions of the open LDace shall be smaller than herein prescribed. 6. Acce'%ary Uses: a. The owing accessory uses, in addition to those herein before specified shall be rmitted in any RESIDENCE DISTRICT, if the accessory uses do not alter the racter of the premises in respect to their use for the purposes permitted in District. 1) The renting o oms or the providing of table board in a dwelling as an incidental use to at of its occupancy as a dwelling of the character permitted in the re tive District, but not to the extent of constituting a hotel a efined in this Ordinance, unless permitted in the District. 2) The operation of necessary fac 'ties and equipment in connection with schools, colleges, universities, pitals and other institutions permitted in the District. 3) News and refreshment stands and restaur s in connection with passenger stations. 4) Recreation, refreshment and service buildings i ublic parks and playgrounds. 5) Fallout shelters. b. The following accessory uses, in addition to those hereinbefore s ified shall be permitted in any NON- RESIDENCE DISTRICT, if the accessory u do not alter the character of the premises with respect to their use for e purposes permitted in the District. 10 -44 91057 7. BRIEF DESCRIPTION OF REQUEST We would request that a conditional use permit be granted to the Graybow Daniels Company for the outside storage of materials used in their everyday business. The type of material that would be stored are as follows: PVC Pipe 1 -V? to 15" (10-20 foot) - to be stored horizontally ABS Pipe 1 -V2" to 6" (10-20 foot) - to be stored horizontally Large diameter PVC fittings (6" to 15 ") in racks Large diameter steel pipe (6" to 8 ") Cement air conditioning pads (24x24, 3000) Coils of polyethylene flexible pipe Cast iron soil pipe 1W to 10' (5 and 10 foot) - horizontally stored Cast iron soil fittings for above (crates in racks) We would propose to utilize the existing chain link fence that surrounds the property with the addition of seven (7) foot high P.V.C. plastic slat screening. The slats are channeled through the fence so that air can pass through the slats but will not allow the stored materials to be seen by the public. The screening is available in seven (7) different colors which allows the choice of a color that provides the most favorable aesthetic look in relation to the building. The entire surface area proposed for the storage has existing blacktop. JUN 21 M CITY C;-- .y AAOUTH tx} ONVINITY DEVEit MENT DEPT Section 9 Conditional Use Permit Standards 1) This use should have no significant impact on the comprehensive plan. 2) The conditional use will not be detrimental, nor will it endanger public health, safety, morals, or comfort. 3) The use will not be injurious to the use or enjoyment of other property in the vicinity. The use of screening that we have proposed is intended to prevent the perceived impairment in property values. 4) The use should not impede the development or improvement of surrounding properties or those properties in the area. 5) No immediate impact whatsoever on ingress, egress, or parking. 6) The use shall conform to the regulations, or the imposed regulations placed on it. Zoning Ordinance Variance Standards We propose to utilize the existing chain link fence that surrounds the property with the addition of seven (T) foot high P.V.C. plastic slat screening channeled through the fence. 1) There is no hardship relative to the shape or condition of the parcel of land. We already have the fence in place surrounding the property. We have planned to screen the entire chain like fence area. A significant cost increase would be incurred should we have to reconstruct another type of fence or screen around the property. 2) The conditions are unique as the fencing is already in place as is the blacktop area. 3) The purpose is not to increase the value or income potential of the parcel of land. The purpose is to satisfy the needs of a potential tenant along with trying to keep their business and employees within the City of Plymouth. 4) The difficulty or hardship is caused by the ordinance only. It has not been created by anyone that has an interest in the parcel of land. 5) By granting the variation, the use will not be detrimental to the public welfare nor the land or improvements in the neighborhood. We are making every effort to make the variance and conditional use be nondescript and aesthetically pleasing so as not to disturb the surrounding neighborhood and to maintain the quality and value inherent in our building and other buildings in the area. 6) The variation will have no impact on the supply of light or air to any adjacent property, will not increase traffic congestion, or increase the danger of fire or public safety. Furthermore, I feel strongly that with the proposed screening, and the fencing that surrounds the property, the property values of within the neighborhood will not substantially diminish in any way. ol Ah w k . Vol Ul M 4 Qg4 4 R a • 4R 91 I I i / NY 1 ~ O N r p Op b p wP N N 1IN/I/n PROPOSED STE PLAN D GRAYBOW - DANIELS ......+..... , I o e.d .. ..h..r..r 2400 XENIUM LANE R f' .a +• 9 PLYMOUTH, MM•ESOTA i CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 30, 1991 COMMISSION MEETING DATE: August 14, 1991 FILE NO.: 91061 PETITIONER: Robert Walz REQUEST: Conditional Use Permit for a Home Occupation for a Travel Agency LOCATION: 9600 11th Avenue North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1 (Low Density Single Family Residential District) BACKGROUND: There are no Community Development files on this property. Notice of this Public Hearing has! been published in the official City newspaper, and all property owners within 500 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes the use of 72 square foot portion of his home for travel agency services to the general public. The area proposed to be utilized for the travel agency business is 9 percent of the total usable area of the existing home. 2. A finding has been made that the proposed use is a "Home Occupation Conditional" due to the keeping on the premises of stock -in- trade, represented by the travel agency brochures and marketing materials. The description of the use provided by the applicant in his two letters attached) is consistent with the definition of "Home Occupation Conditional" found in Section 4, Subdivision B of the Zoning Ordinance. 3. The home is located on a lot directly fronting 17th Avenue North. 17th Avenue North at this location also functions as the direct public street service to office building directly across the street to the south; parking lot for a manufacturing facility southeast of the site of the lot; and the East Medicine Lake park owned by the City of Plymouth. Significant nonresidential traffic already utilizes this street on a regular basis. 4. The Zoning Ordinance provides that 6 standards be met prior to issuance of any Conditional Use Permit. A copy of those standards is attached, together with a letter from the applicant in which he provides evidence of his use complying with those standards. Page Two File 91061 PLANNING STAFF COMMENTS: 1. The proposed Home Occupation meets the definition of "Home Occupation - Conditional" of the Plymouth Zoning Ordinance. 2. The proposed Home Occupation meets the 6 standards of the Zoning Ordinance specified for any Conditional Use Permit. 3. The proposed Home Occupation is secondary and incidental to the primary use of the single family residence. RECOMMENDATION: I recommend adoption of the attached resolution providing for the approval of a Home Occupation - Conditional for the ope tion of a travel agency, as requested. CSubmittedby: Cha es E. illerud, Community Development Coordinator ATTACHMENTS: 1. Resolution Approving Conditional Use Permit Home Occupation 2. Zoning Ordinance Definition of Home Occupation - Conditional 3. Conditional Use Permit Standards 4. Petitioner's Letters Describing Use and Responding to the Conditional Use Permit Standards 5. Location Map 6. Structure Use Graphics pc /jk /91061:dh) APPROVING CONDITIONAL USE PERMIT FOR ROBERT WALZ FOR A TRAVEL AGENCY AT 9600- 17TH AVENUE NORTH (91061) WHEREAS, Robert Walz has requested a Conditional Use Permit for a travel agency for property located at 9600 -17th 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 Robert Walz for a travel agency for property located at 9600 -17th Avenue North, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to Robert Walz as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. There shall be no signage allowed on the property relative to the use. 5. There shall be no outside display, sales, or storage of merchandise or related materials. 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. 8. All parking shall be off - street in areas which comply with the Zoning Ordinance. res /pc /91061:jw) CITY OF PLYMOUTH DEFINITION OF A HOME OCCUPATION SECTION 4, SUBDIVISION B AND SECTION 7, SUBDIVISION C OF ZONING ORDINANCE OCCUPATION -- Any gainful occupation or profession engaged in by t e occup the dwelling unit within the dwelling unit which Is Fly Incidental an ondary to the residential use of the pr provided, such activity does no duce light, glare, n odor, or vibration perceptible beyond the boun of the es; does not involve the use of accessory structures or an following: Repair, service, or manufacturing which req . quipment othe that customarily found in a home; over -the- er sale of merchandise produce the premises; or, the em of persons on the premises other that stomarily useortloing on the premises. This type of Home Occupation is a permit e. 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 the 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, odor, or vibration perceptible beyond the boundaries of the premises; and not consist of over - the - counter sales of merchandise produced off the premises. This type of Home Occupation requires a Conditional Use Permit to be approved prior to operation of any business from a _ residentially zoned property. FKM ==ON 9, SUBDIVISIC K A 1.1 • . • 11 • •.t 1 r• eg 2. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning C=(ission for purposes of evaluation against the standards of this section, Public Hearing, and develop mt of a reeommidation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Conmission shall review the application and consider its confornance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will prcmote 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 improvernnt 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 TO WHOM IT MAY CONCERN: THIS IS IS REGARDS TO A CONDITIONAL USE PERMIT/HOME OCCUPATION. THE LOCATION IS 9600 17 AVE. NORTH PLYMOUTH, MN. 55441 LEGAL DESC. LOT 12 BLOCK 2 INGLEBRAE ADDITION. HENN. CTY. PROP. I.D. # 25-118-22-41-0021 OWNER:ROBERT JOSEPH WALZ. PURPOSE'`. TO OPERATE A TRAVEL AGENCY OUT OF MY HOME I WILL BE USING A SMALL PORTION OF MY HOME FOR AN OFFICE TO OPERATE A TRAVEL AGENCY. MOST OF THE CUSTOMER CONTACT WILL BE OVER THE TELEPHONE. 2, CUS rnC,^s FEf o2e(G THERE WILL BE NO IDENTIFYING SIGNS. TRAFFIC WILL BE MINIMAL, WITH MOST OF THE CUSTOMER CONTACT DONE AT THEIR HOME. PARKING IS ADEQUATE ON THE STREET. BUSINESS WILL BE CONDUCTED AFTERNOONS AND EARLY EVENINGS. I WILL BE USING A 6 FOOT BY 12 FOOT PORTION OF A 12 FOOT T LAY 17 FOOT ROOM AS AN OFFICE:. THERE WILL BE NOTHING PHYSICALLY CHANGED ON THE PROPERTY. (ie. landscaping ,sidewalks,walls,fences,etc.) THIS BUSINESS PROPOSES NO HEALTH RISKS AND WILL NOT ENDANGER THE PUBLIC IN ANY WAY. THIS BUSINESS WILL NOT DIMINISH PROPERTY VALUES WITHIN THE NEIGHBORHOOD. DEVELOPMENT IN THE DISTRICT WILL CONTINUE AS NORMAL. I MAKE THIS PROPOSAL ON 25 JUNE 1991. ROBERT" JOSEPH WALZ. fi p Co n rehevY2 t,!1v1 2*Nf-' TO WHOM IT MAY CONCERN ^ SUBJECT:ROBERT WALZ. CONDITIONAL USE PERMIT mot `== FOR HOME OCCUPATION FOR TRAVEL AGENCY BUSINESS WIN 100, IT 91061) THIS IS TO INFORM YOU OF THE AMOUNT OF MATERIAL oW KEPT ON MY PROPERTY TO SUPPORT MY TRAVEL BUSINESS. I WILL BE STORING A SMALL AMOUNT OF BROCHURES AND FLYERS FOR ADVERTISING PURPOSES. NOT TO EXCEED ONE SMALL BOX. THERE WILL BE NO TICKETING MATERIAL STORED ON THE PREMISES. IF YOU HAVE ANY FURTHER QUESTIONS, YOU MAY CONTACT ME AT #546-0642. THANK YOU, ROBERT JOSEPH WALZ SUBMITTED:23 JULY 1991 m •v = & a _ OEMi f k t elk M ii "' ice'rl. ' :' 1 n V o U VJ O O J Prozo or rc I N 1Q, v o0 Oki i u gbo0 I - Rv-- 1o2+h o. At CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: August 2, 1991 COMMISSION MEETING DATE: August 14, 1991 FILE NO.: 91053 PETITIONER: Tim Reese REQUEST: Division of Platted Property; Subdivision Variance for minimum lot area and lot width; and Shoreland Overlay District Variances for lot area and lot width in the Elmhurst Addition LOCATION: 2365 Hemlock Lane and 2360 Ives Lane GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family District) BACKGROUND: No specific Community Development applications are on file with respect to this parcel. The original Elmhurst Addition substantially predates the records now available within the Community Development Department. Several parcels in the immediate neighborhood were originally developed with more than one principal structure on a single parcel of record, and have subsequently been divided, as here proposed. There have also been a number of consolidations of lots in this neighborhood of parcels of record which were created prior to contemporary Zoning Ordinance standards with regard to lot area and lot width. On August 6, 1990, by Resolution 90 -464 and Resolution 90 -463, the City Council approved a lot division for the property abutting this site to the south. That action resulted in the creation of lots of 6,184 square feet each and lot widths at the setback of 37.5 feet and 58 feet respectively. Notice of Planning Commission consideration of this application has been mailed, as a courtesy, to all property owners within 100 feet of the site. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes the division of an existing parcel of record of 13,720 square feet into two new parcels which will be of 5,874 snare feet west parcel) and 7,846 square feet (east parcel). Two houses principal structures) now exist on the combined parcel as a legal nonconforming use. The Zoning Ordinance specifies that no more than one principal structure may be located on a single parcel of record. This nonconforming use would be eliminated by the proposed lot division. 2. The applicant also requests Subdivision Ordinance Variances for the two lots that would result from the division of platted property, as follow: see next page) Page Two File 91053 M a. Lot area in the R -1A Zoning District of 5,874 square feet (west parcel) and 7,846 square feet (east parcel) versus the ordinance standard of 18,500 square feet. b. Lot width at the 35 foot front yard setback line of 40 feet (west parcel) and 62 feet (east parcel) versus the ordinance standard of 110 feet. c. Lot area in the Shoreland Overlay District of 5,874 square feet (west parcel) and 7,846 square feet (east parcel) versus the Zoning Ordinance standard of 10,000 square feet. d. Lot width in the Shoreland Management Overlay District of 40 feet west parcel) and 62 feet (east parcel) at the "building line" versus the Zoning Ordinance minimum of 75 feet. 3. Existing structures on the parcel include the two principal dwelling units and a "shed" on the west parcel. All existing structures noted are nonconforming as to setbacks, in addition to the nonconformity with respect to two structures on the same parcel. No Variance action with respect to the nonconforming setbacks is applied for nor addressed by this action. Those setbacks will remain nonconforming, and therefore the structures are subject to compliance to Zoning Ordinance standards should the nonconforming structures cease to exist under the terms of the Zoning Ordinance. 4. If the division of platted property and dimensional variances which have been applied for are approved, nonconforming status of the site with respect to principal structures will be eliminated, and additions to the structures, within the limits of the Zoning Ordinance dimensional standards will be possible. Without the division of property as requested no additions to the structure or new structures may be permitted on the parcel and the loss of either structure by greater than 50 percent for any cause would extinguish the nonconforming use status. The balance of the damaged structure would be required to be removed and no second principal structure would thereafter be permitted on the parcel. 5. The application for division of platted property is responsive to the provisions of Section 500.37 of the City Code (the Subdivision Ordinance) where the City Council may approve the division of platted property based on a survey without the benefit of a full subdivision plat. 6. The request to create lots that are substandard in lot area and width is in variance with Section 500.21 of the Plymouth Subdivision Code. Section 500.41 of the Plymouth Subdivision Code provides three findings that must be made by the Planning Commission and City Council prior to approval of any Subdivision Variance. The applicant in a letter of July 18, 1991 has responded to the Variance standards. Copies of the referenced City Code sections and the applicant's responses are attached. see next page) Page Three File 91053 7. The Minnesota Department of Natural Resources was notified of this requested Variance from Shoreland Management Overlay District standards on July 10, 1991. On Augus 6, 1991 the City received a response from DNR recommending denial of th request. (copy attached) PLANNING STAFF COMMENTS: 1. The application for divis on of platted property meets the requirements of Section 500.37 of the Subdivision Code, provided the dimensional variances resulting from such a division are approved. 2. Staff generally is not in support of the creation of individual parcels of the size here proposed. The unique situation presents itself here, however, since principal structures already exist on both of the lots proposed to be created as a result of two houses being previously constructed on the single parcel. No change would result in the residential density of the immediate neighborhood as a result of the division action proposed. 3. With a clear understanding that any future redevelopment of either of the parcels created by this action would be consistent wiffi the dimensional standards of the Zoning Ordinance, without exception, staff can support the action requested. A memorial on the title of each of the newly created lots to this effect would advise all future purchasers of the property of the intent of the City with this division action. 4. The requested variances to create parcels substandard in size; substandard in width at the setback line; and substandard in minimum width per Shoreland Overlay District standards is responsive to the Variance standards of the Subdivision Ordinance. This finding is based on the unique nature of the property created by the historic action of permitting two principal structures to be constructed on the same parcel of land. A hardship would result by not dividing the property as requested because the nonconforming status that exists precludes substantial improvement to the property. No negative impact results to the surrounding neighborhood or the public welfare as a result of the division action requested. RECOMMENDATION: I recommend adoption of the attached resolution providing for the division of platted property; and, the resolution providing for the setting of conditions prior to recording,: and approving variances as requested based on compliance with the Variance,s'tendards of the Subdivision —Qrdinance. Submitted by: arles E. Dillerud, Community ATTACHMENTS: 1. Resolution Approving Division 2. Resolution Setting Conditions Ordinance Variances 3. Engineer's Memorandum 4. DRN Letter of August 5, 1991 5. Location Map 6. Site Graphics pc /jk/91053) nator of Platted Property Prior to Recording and Approving Subdivision APPROVING LOT DIVISION OF PLATTED PROPERTY AND VARIANCES FOR TIM REESE FOR PROPERTY LOCATED AT 2365 HEMLOCK LANE AND 2360 IVES LANE (91053) WHEREAS, Time Reese has requested approval for a lot division of platted property and variances for the creation of two lots located 2365 Hemlock Lane and 2360 Ives 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 of platted property and variances for the creation of two lots located 2365 Hemlock Lane and 2360 Ives Lane. EXISTING LEGAL DESCRIPTIONS Lot 5, Block 2, Elmhurst, Hennepin County, Minnesota. To be divided and consolidated as follows: PARCEL A That part of Lot 5, Block 2, "Elmhurst" lying Westerly of the following described line and its Northerly and Southerly extensions: Beginning at a point on the Southeasterly line of said Lot 5 distant 131.55 feet Southwesterly along said Southeasterly line from the most Easterly corner of said Lot 5; thence Northwesterly to a point on the Northwesterly line of said Lot 5 distant 139.08 feet Southwesterly along said Northwesterly line from the most Northerly corner of said Lot 5 and there terminating. PARCEL B That part of Lot 5, Block 2, "Elmhurst" lying Easterly of the following described line and its Northerly and its Southerly extensions: Beginning at a point on the Southeasterly line of said Lot 5 distance 131.55 feet Southwesterly along said Southeasterly line from the most Easterly corner of said Lot 5; thence Northwesterly to a point on the Northwesterly line of said Lot 5 distant 139.08 feet Southwesterly along said Northwesterly line from the most Northerly corner of said Lot 5 and 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 /91053.1d:jw) SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION OF PLATTED PROPERTY AND SUBDIVISION VARIANCES FOR TIM REESE (91053) WHEREAS, the City Council has approved a Lot Division and Subdivision Variances for Tim Reese located at 2365 Hemlock Lane and 2360 Ives 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. 1. Compliance with the City Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Payment of park dedication fees -in -lieu of dedication on 2 parcels prior to recording of the division resolution. 4. Submittal of all necessary utility easements prior to filing with Hennepin County. 5. Variances are approved as follow based on compliance with the Subdivision Code Variance Criteria: a. Lot area in the R -1A Zoning District of 5,874 square feet (west parcel) and 7,846 square feet (east parcel) versus the ordinance standard of 18,500 square feet. b. Lot width at the 35 foot front yard setback line of 40 feet (west parcel) and 62 feet (east parcel) versus the ordinance standard of 110 feet. c. Lot area in the Shoreland Overlay District of 5,874 square feet (west parcel) and 7,846 square feet (east parcel) versus the Zoning Ordinance standard of 10,000 square feet. d. Lot width in the Shoreland Management Overlay District of 40 feet west parcel) and 62 feet (east parcel) at the "building line" versus the Zoning Ordinance minimum of 75 feet. 6. Submission by the petitioner and approval /recording by the City Attorney of a memorial on the title of each parcel that future development of the parcels will not require dimensional variances from the Zoning Ordinance. res /pc /91053.sc:jw) City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: August 6, 1991 FILE NO.: 91053 PETITIONER: Mr. Tim Reese, 1800 East Medicine Lake Boulevard, Plymouth, MN 55441 LOT DIVISION /CONSOLIDATION: LOT 5, BLOCK 2 ELMHURST LOCATION: East of Ives Lanes, nest of Hemlock Lane, north of 23rd Avenue in the northwest 1/4 of Section 26. N/A Yes No 1. _ JL _ Watermain area assessments have been levied based on proposed use. 2. _ _ Sanitary sewer area assessments have been levied based on proposed xse. 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. V 6. _ _ _X_ Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) N/A Yes No 7. X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. 8. _ JL _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: Homes are eristina. q. X _ _ All standard utility easements required for construction The following easements will be required for construction of utilities 10. _X.. _ _ All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. _ X _ All existing street rights -of -way are required width - Additional right -of -way will be required on Submitted by: GG•.t•C / 1 - Llti Daniel L. Faulkner, P. E. City Engineer 2 t PASTATE OF / H CE Z (0 7L/& F A KT ,' 1200 PHONE NO. 772 -7910 August 5, 1991 Mr. Charles Dillerud City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Warn'e*M V RA Pfuk S M' S AS RE: VARIOUS ITEMS FOR REVIEW Dear Mr. Dillerud: Tf f 1 AU6 6 . FILE NO. We have reviewed the documents noted and have the following comments to offer. Ringswood Farms Conditional Use Permit Amendment; your file 91045 received July 3, 1991): Richard Steiner at 120 Holly Lane is requesting a C.U.P. amendment for a 10' x 2618" addition on a 9,684 lot within the Gleason Lake shoreland district. The percentage of impervious surface on this lot already exceeds the city's standards and we see no justification for exacerbating this nonconformity. No hardship has been demonstrated; the city should deny the reguest. Tim Reece. Lot Subdivision in Elmhurst Addition located at 2635 Hemlock Lane; your file 91053 (received July 11, 1991): Tim Reece is requesting subdivision of a 13,720 square foot lot into two lots: a 5,874 square foot parcel "A" and a 7,846 square foot parcel B ". The minimum lot size for a nonriparian lot in the shoreland district of Medicine lake is 10,000 square feet. This subdivision would create two nonconforming lots from a lot that currently does conform. We see no justification for allowing this subdivision; the city should deny the request. You are reminded that, in accordance with city ordinance, a copy of the final decision on the above matters should be sent to this office within one week of the final action. Please contact me at 772 -7910 should you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist cc: Gleason Lake file (27 -95P) Medicine Lake file (27 -104P) Ed Fick, Shoreland Hydrologist AN EQUAL OPPORTUNITY EMPLOYER C.. NI(:0HjiI`\ C] N W- K LANE HEMLO 1 I a 01 Z OWN W z 51 w ui ID•D o I/ ' Ib•I Ss W . GG 31. Jr j r ou•. 7 orlt o° ow5 een MtLNMf O W 4a pip e t 9.4, 8 b N e N L • n6 ty e e 11 10.3 i e0v w e tit°p b+ ve a W Vf Op 1,0 v e .•ti i. O v s O Oti "+i'^ O O A Cud a F V O -- a o$ N O I m 0 Z d 4a0. gbggo eI: ga O o o a. . r$ OVe P' „ N N a e e w u ow e Vy aop Na 0 of u in 0 ow%, + MtrN t iiv ea.biN wa A 4 o o4g:oM a w 1c 1s P. v -C 6.62 4.1 . r.r N a LANE i 41E- ( P MINUTES PLYMOUTH CITY COUNCIL AUGUST 5, 1991 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on August 5, 1991. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Finance Director Hahn, City Attorney Thomson, and City Clerk Rauenhorst Manager Willis introduced Barry Warner representing Barton - Ashman Architects. Mr. Warner presented the concept plans and budget for 10th Avenue Park, Gleanloch Park and Shiloh Park. He stated that 10th Avenue Park is a new site, while the Shiloh and Gleanloch parks were originally constructed in 1979 and are proposed for equipment replacement and reconstruction. Mr. Warner stated the concept plan for 10th Avenue Park includes a multi -use soccer /ballfield, a free skating area, picnic area, warming house, tot lot, and hard surfaced shuffleboard /basketball area. Gleanloch Park is proposed for renovation by improving the existing play equipment and hard court area. The play area would be reoriented and the trail would be extended in order to loop around the entire park. Mr. Warner stated that drainage problems have been a significant problem at Shiloh Park. As part of the improvements, play area would be relocated to a higher area and buffered with vegetation. The hard court would remain in its Regular Council Meeting August 5, 1991 Page 287 present location, and a multi -use soccer /ballfield and double tennis court are proposed to be added. A trail link is proposed to the pond area to encourage skating. Councilmember Vasiliou stated there are concerns that no parking installation is proposed at Shiloh Park, particularly with tennis courts planned. Mr. Warner responded that abutting neighborhood residents indicate they do not desire additional parking. Councilmember Vasiliou clarified that her concern is that the tennis courts become perceived as private" -- only serving the immediate neighborhood. Installation of parking would make the parks more usable to residents not living in the immediate vicinity. Manager Willis stated the neighborhood parks, by definition, are intended to serve a "walking neighborhood" of about a mile perimeter, although each park is available for use by all residents of the City. He stated that the neighbors are aware there will be on- street parking by park users. Teresa Grandprei, stated she supports the plan for the 10th Avenue Park. She asked if neighborhood Children could submit possible names for the park. Park and Recreation Advisory Committee (PRAC) Chairman Freels stated PRAC would consider recommendations for the park name submitted by residents. Councilmember Helliwell asked if the residents in the vicinity of 10th Avenue want the existing shelter replaced with a warming house. Ms. Grandprei stated that residents would prefer a sheltered picnic area, rather than an enclosed warming house, to avoid misuse. Councilmember Ricker asked Community Development Director Tremere to comment on the possible use Regular Council Meeting August 5, 1991 Page 288 of CDBG funds for the 10th Avenue Park construction, as outlined in the staff report. Director Tremere stated that development of a park in this area appears to be an eligible CDBG activity based on the demographics and income characteristics of the area and persons to be served. It is a Council policy decision as to whether to allocate funds for this activity in lieu of or in addition to others funded. The Council may be faced with competing requests for the CDBG funds. Councilmember Ricker stated he supports the project but not the proposed use of CDBG funding. He stated that park dedication funds can be used exclusively for parks, but CDBG money can be used and may be needed for other purposes. Manager Willis stated that prior to the award of bids the Council will need to designate funding. Councilmember Vasiliou concurred, but stated that she may be willing to consider CDBG funding. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -421 APPROVING CONCEPT PLAN FOR 10TH AVENUE PARK. Motion carried on a roll call vote, five ayes. Councilmember Vasiliou stated that one person attending the information meeting on the proposed improvements to Gleanloch Park indicated there is no need for an upgraded park and the existing play equipment is adequate. Mr. Warner stated that a number of families that attended the Gleanloch Park meeting stated they go to another park because there were more facilities. They believed the use of Gleanloch Park would increase with upgraded facilities. MOTION was made by Councilmember Helliwell; seconded by Councilmember Zitur; to adopt RESOLUTION NO. 91 -422 APPROVING CONCEPT PLAN FOR GLEANLOCH PARK. Motion carried on a roll call vote, five ayes. RESOLUTION 91 -421 APPROVING CONCEPT PLAN FOR 10TH AVENUE PARK Item 4 -A RESOLUTION 91 -422 APPROVING CONCEPT PLAN FOR GLEANLOCH PARK Item 4 -A Regular Council Meeting August 5, 1991 Page 289 Tim Dunnigan, 17330 38th Avenue North, supports the proposed upgrading of the Shiloh Park field to make it more usable for soccer, but opposes the installation of a backstop. He stated a backstop will attract older Children and create a danger of balls striking someone in their yard, on the proposed hard court, or on the trail. Joann Dunnigan, 17330 28th Avenue North, agreed that a backstop should not be erected. She suggested that if it is included in the improvements, a sign be erected to prohibit use of the field for adult baseball. Si Matthies, 17220 27th Avenue North, supported the Shiloh park improvements. Wayne Stevens, 2635 Holly Lane, stated that residents are overwhelming in favor of the improvements. The danger of being struck from a baseball in the park is not significant. Safety may be improved because an area for soccer and baseball will be designated. Margaret Hurst, 2625 Holly Lane, stated the majority of people using the Shiloh Park will walk or bike to the park. Residents in the area do not want additional parking constructed and understand there will be on- street parking. She requested the Council adopt the plan as recommended by PRAC. Mary Hustad, 17200 27th Avenue North, supported the plan. She said the park is currently underutilized, and the existing on- street parking is adequate. The area residents want the backstop installed because it will designate the area where Children should play ball in order to make it safer for everyone using the park. Graham Norberg, 17120 28th Place North, stated twelve years ago he requested that the drainage problem in the park be corrected. For a number of months during the year, the trail is not usable. He believes that installation of tennis courts will increase the drainage problems. He requested that the Council reject development of tennis courts in the northern portion of the park, until the drainage problem is corrected. Regular Council Meeting August 5, 1991 Page 290 Mr. Norberg stated his home would face the tennis courts with no trees to buffer the view or noise. The area proposed for tennis court installation is currently used for soccer, sliding, and kite flying. The Council would limit the use of the area if tennis courts were installed. Director Moore responded to a Council question that there is no storm sewer currently installed in Shiloh Park. Mr. Warner stated the play structure would be relocated to a higher area, and the existing play structure area would be returned to a natural state. He stated he was not aware of all of the concerns expressed by Mr. Norberg, but stated that the plan could be modified to add a swale adjacent to the trail to draw water away from residences abutting the park. MOTION was made by Mayor Bergman, seconded by RESOLUTION 91 -423 Councilmember Ricker, to adopt RESOLUTION NO. 91- APPROVING CONCEPT 423 APPROVING CONCEPT PLAN FOR SHILOH PARK, PLAN FOR SHILOH amending the proposed plan to delete the tennis PARK court installation, and to correct the existing Item 4 -A drainage problems. Councilmember Helliwell suggested that the backstop installation remain in the plan, and she encouraged area residents to notify the City if there are problems. Motion carried on a roll call vote, five ayes. CONSENT AGENDA Items 8 -D, 8 -E, and 8 -W were removed from the Consent Agenda Consent Agenda.'' Item 5 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt the Consent Agenda as amended. Motion carried on a roll call vote, five ayes. Regular Council Meeting August 5, 1991 Page 291 MINUTES MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to approve the July 22 minutes. Motion carried on a roll call vote, five ayes. PUBLIC HEARINGS Mayor.Bergman opened the public hearing on 15th Avenue Improvements, Project 945, at 8:11 p.m. Director Moore stated this is a joint project between the cities of Plymouth and Medicine Lake. The construction ordered about a year ago included a storm sewer into Medicine Lake. The City has obtained the easements necessary for installation of the project drainage. Drain the and an open swale is proposed and not the storm sewer. Nine property owners would be affected by the project. The estimated cost per property for the improvements is $4,012. No one appeared for the hearing, and the hearing was closed at 8:13 p.m. Minutes Item *6 MOTION was made by Councilmember Vasiliou, RESOLUTION 91 -424 seconded by Councilmember Zitur, to adopt ORDERING PROJECT RESOLUTION NO. 91 -424 ORDERING IMPROVEMENT AND NO. 945 PREPARATION OF PLANS AND SPECIFICATIONS, 15TH Item 7 -A AVENUE - NORTH OF SOUTHSHORE DRIVE - STREET AND DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 945. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -425 by Councilmember Vasiliou, to adopt RESOLUTION INSTALLATION OF NO. 91 -425 INSTALLATION OF STOP SIGN at Old STOP SIGNS Rockford Road and Larch Lane /41st Avenue "All Item 8 -A Way" stop. Councilmember Zitur stated he appreciates staff input on this issue, but supports the stop sign installation based on citizen requests. He stated the stop signs are needed for traffic control at the intersection; not for speeding. Regular Council Meeting August 5, 1991 Page 292 Councilmember Vasiliou stated that received phone calls about a year residents that the intersection is Councilmember Helliwell stated she with the intersection and the stop needed. she had ago from area dangerous. is familiar sign is Motion carried on a roll call vote, five ayes. Finance Director Hahn presented the Council with additional information requested at the previous Council meeting relating to the award of the towing contract. Risk Management Coordinator Pemberton stated that proposals for the towing service were requested rather than bids because several factors were important: size of lot, response time, general ability to serve the needs of the City, and cost. MOTION was made by Councilmember Vasiliou to award the towing contract to Dick's Towing. Motion failed for lack of a second. Councilmember Ricker stated that Dick's Towing has the lowest cost on an average tow basis, but Plymouth Automotive has the lowest total cost when storage is considered. Coordinator Pemberton stated that storage and response time has been adequate with the current towing contractor - Dick's Towing. Councilmember Vasiliou stated there is a benefit to awarding the proposal to a firm with storage in the City so that Plymouth residents do not have to go out of the City to pick up their towed vehicle. Police Lieutenant Saba stated over the last three years, 57% of vehicles towed were for traffic arrests; 26.9% resided in Plymouth; the remainder were non - Plymouth residents. He stated that convenience for the police officers and the people picking up vehicles, size of the storage facility, towing staff and vehicles, and the Regular Council Meeting August 5, 1991 Page 293 process for vehicle release should also be considerations in the award. He stated that during the time Dick's Towing has held the contract, the process for vehicle release has changed from having the officer going to the lot to release the vehicle, to having the towing company release most vehicles. This has saved substantial police officer time. Councilmember Vasiliou asked whether this criterion was shared with the towing companies who submitted proposals. Coordinator Pemberton stated that the companies were informed that the service cost was not the only factor to be considered. A number of factors would be considered. Chuck Hendricks, 330 Ranchview Lane North, requested that the Council award the contract to his business - Plymouth Automotive. He stated that his storage lot is adequate in size and the City should deal with Plymouth businesses whenever possible. Councilmember Vasiliou asked if Plymouth Automotive currently tows for other cities. Mr. Hendricks stated Plymouth Automotive tows for the City of Wayzata but does not have a contract to do so. In response to a question by Councilmember Ricker, Mr. Hendricks stated he could offer vehicle release service identical to that currently provided by Dick's Towing. Dick Hughes, 900 NE 2nd Street, Hopkins, thanked the Council for the opportunity to serve the City for the last three years. He requested that the contract be awarded to Dick's Towing. Attorney Thomson recommended that whichever firm is selected that the contract term be awarded from August 6, 1991, through July 31, 1994. Regular Council Meeting August 5, 1991 Page 294 MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 91 -426 ACCEPTING TOWING PROPOSALS FOR YEARS 1991 -1994, awarding the contract to Plymouth Automotive, Inc. Motion carried on a roll call vote, five ayes. RESOLUTION 91 -4 AWARDING TOWING PROPOSAL TO PLYMOUTH AUTOMOTIVE INC. Item 8 -B MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -427 by Councilmember Helliwell, to adopt RESOLUTION AMENDED CUP AND NO. 91 -427 APPROVING AMENDED CONDITIONAL USE SITE PLAN FOR PERMIT AND SITE PLAN FOR DELTAK CORP. (91052). DELTAK CORP. 91052) Motion carried on a roll call vote, five ayes. Item *8 -C Councilmember Helliwell asked if Mr. LaTour intends to notify potential homeowners in his new subdivision, Greenwood Ponds, of the light glow emitted from Len Busch Roses. Mr. LaTour stated that he intends to properly notify potential homebuyers. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 91 -428 APPROVING PRELIMINARY PLAT, VARIANCES, AND GENERAL DEVELOPMENT PLAN FOR WILLIAM LA TOUR FOR "GREENWOOD PONDS" (91057). Motion carried on a roll call vote, five ayes. RESOLUTION 91 -428 APPROVING PREL. PLAT, VARIANCES, AND DEVELOPMENT PLAN FOR GREENWOOD PONDS (91057) Item 8 -D MOTION was made by Councilmember Helliwell, ORDINANCE 91 -23 seconded by Councilmember Zitur, to adopt REZONING FOR ORDINANCE NO. 91 -23 AMENDING THE ZONING ORDINANCE GREENWOOD PONDS TO CLASSIFY CERTAIN LANDS LOCATED SOUTH OF (91057) GREENWOOD SCHOOL AND WEST OF COUNTY ROAD 101 (AT Item 8 -D APPROXIMATELY 35TH AVENUE NORTH EXTENDED) AS FRD FUTURE RESTRICTED DEVELOPMENT) (91057). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Helliwell, RESOLUTION 91 -429 seconded by Councilmember Zitur, to adopt SETTING CONDITIONS RESOLUTION NO. 91 -429 SETTING CONDITIONS TO BE TO BE MET PRIOR TO MET PRIOR TO PUBLICATION OF ORDINANCE REZONING PUBLICATION LAND FOR WILLIAM LA TOUR FOR GREENWOOD PONDS (91057) 91057). Item 8 -D Motion carried on a roll call vote, five ayes. Regular Council Meeting August 5, 1991 Page 295 Councilmember Vasiliou asked if the Site Plan Amendment request of Len Busch Roses for four additional greenhouses will complete the expansion of greenhouses on this site for the next ten years, as stated in the staff report. She stated that there is still a problem with light emitted from the gable ends of the existing greenhouses and she asked how this would be addressed. Manager Willis stated there is no feasible shading technology to address the gable ends, and this problem is not contemplated in the agreement except that the now approved berming along Medina Road should provide effective screening. Pat Etzel, a representative of Len Busch Roses, stated that this request will conclude the expansion for production on the site. Any further production would be in another area. He stated there is no technology available to limit the light emitted from the ends of the greenhouses, but he stated the berm construction and additional trees should help. If that does not work, Len Busch Roses will continue to try to address the issue. Len Busch Roses Site Plan Amendment (91043) Item 8 -E MOTION was made by Councilmember Helliwell, RESOLUTION 91 -430 seconded by Councilmember Zitur, to adopt APPROVING SITE RESOLUTION NO. 91 -430 APPROVING SITE PLAN PLAN AMENDMENT FOR AMENDMENT FOR LEN BUSCH ROSES FOR CONSTRUCTION OF LEN BUSCH ROSES FOUR ADDITIONAL GREENHOUSES LOCATED NORTH OF (91043) MEDINA ROAD, WEST OF COUNTY ROAD 101 (91043). Item 8 -E Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember'Helliwell, to adopt RESOLUTION NO. 91 -431 APPROVING LOT DIVISION /CONSOLIDATION FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE 91059) . Motion carried on a roll call vote, five ayes. RESOLUTION 91 -431 APPROVING LOT DIVISION /CONSOLIDA TION FOR CALIBER DEVELOPMENT 91059) Item *8 -F Regular Council Meeting August 5, 1991 Page 296 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -432 by Councilmember Helliwell, to adopt RESOLUTION SETTING CONDITIONS NO. 91 -432 SETTING CONDITIONS TO BE MET PRIOR TO TO BE MET PRIOR TO FILING OF AND RELATED TO LOT FILING (91059) DIVISION /CONSOLIDATION FOR CALIBER DEVELOPMENT Item *8 -F COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -433 APPROVING SITE PLAN AMENDMENT FOR CALIBER DEVELOPMENT COMPANY FOR CHESHIRE BUSINESS CENTER LOCATED AT 2600 FERNBROOK LANE (91059). Motion carried on a roll call vote, five ayes. RESOLUTION 91 -433 APPROVING SITE PLAN AMENDMENT FOR CHESHIRE BUSINESS CENTER (91059) Item *8 -F MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -434 by Councilmember Helliwell, to adopt RESOLUTION APPROVING MPUD NO. 91 -434 APPROVING THE MIXED PLANNED UNIT FINAL PLAT AND DEVELOPMENT (MPUD) FINAL PLAT AND DEVELOPMENT DEVELOPMENT CONTRACT FOR NC BERKSHIRE LANE I LIMITED CONTRACT FOR PARTNERSHIP (TRADMELL CROW) FOR PLYMOUTH BUSINESS PLYMOUTH BUSINESS CENTER 5TH ADDITION (90063) (MPUD 90 -1). CENTER 5TH ADDITION (90063)( Motion carried on a roll call vote, five ayes. (MPUD 90 -1) Item *8 -G MOTION was made by Councilmember Zitur, by Councilmember Helliwell, to adopt RE NO. 91 -435 SETTING CONDITIONS TO BE MET FILING OF AND RELATED TO THE MPUD FINAL NC BERKSHIRE LANE I LIMITED PARTNERSHIP CROW COMPANY) (90063) (MPUD 90 -1). seconded RESOLUTION 91 -435 SOLUTION SETTING CONDITIONS PRIOR TO TO BE MET PRIOR TO PLAT FOR FILING (90063) TRAM-ML Item *8 -G Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -436 by Councilmember Helliwell, to adopt RESOLUTION APPROVING CUP FOR NO. 91 -436 APPROVING CONDITIONAL USE PERMIT FOR NC BERKSHIRE LANE NC BERKSHIRE LANE I LIMITED PARTNERSHIP (TRAMMELL I (90063) CROW COMPANY) (90063). Item *8 -G Motion carried on a roll call vote, five ayes. Regular Council Meeting August 5, 1991 Page 297 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -437 by Councilmember Helliwell, to adopt RESOLUTION ADOPTING NO. 91 -437 ADOPTING ASSESSMENTS, PROJECT NO. 124, ASSESSMENTS, WATERMAIN AREA, PLYMOUTH BUSINESS CENTER 5TH PROJECT NO. 124 ADDITION. PLYMOUTH BUSINESS CENTER 5TH ADDN. Motion carried on a roll call vote, five ayes. (90063) Item *8 -G MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -438 by Councilmember Helliwell, to adopt RESOLUTION RELEASE OF SITE NO. 91 -438 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR CHESHIRE BUSINESS GUARANTEE FOR CENTER I (89082) AND CHESHIRE BUSINESS CENTER II CHESHIRE BUSINESS 89116) BOTH LOCATED AT 2600 FERNBROOK LANE. CENTERS I AND II 89116) (89082) Motion carried on a roll call vote, five ayes. Item *8 -H -1 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -439 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR NORTHWOOD HOMES INC. FOR PONDS NORTH LOCATED AT THE NORTHWEST CORNER OF 54TH AVENUE NORTH AND NATHAN LANE NORTH 87093) . Motion carried on a roll call vote, five ayes. RESOLUTION 91 -4 RELEASE OF SITE PERFORMANCE GUARANTEE FOR PONDS NORTH 87093) Item *8 -H -2 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -440 by Councilmember Helliwell, to adopt RESOLUTION RELEASE OF SITE NO. 91 -440 AUTHORIZING RELEASE OF SITE PERFORMANCE PERFORMANCE GUARANTEE FOR NEW VENTURES CHRISTIAN GUARANTEE FOR CHURCH (88086). NEW VENTURES CHRISTIAN CHURCH Motion carried on a roll call vote, five ayes. (88086) Item *8 -H -3 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -441 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR INDEPENDENT SCHOOL DISTRICT #284 FOR KIMBERLY LANE SCHOOL (90031). Motion carried on a roll call vote, five ayes. RESOLUTION 91 -4 RELEASE OF SITE PERFORMANCE GUARANTEE FOR KIMBERLY LANE SCHOOL (90031) Item *8 -H -4 Regular Council Meeting August 5, 1991 Page 298 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -442 AUTHORIZING EXECUTION OF JOINT COOPERATION AGREEMENT WITH HENNEPIN COUNTY TO PARTICIPATE IN HENNEPIN HOUSING CONSORTIUM. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -443 RECEIVE BIENNIAL UPDATE OF PAVEMENT MANAGEMENT REPORT, ORDER PRELIMINARY ENGINEERING REPORT FOR 1992 STREET RECONSTRUCTION PROGRAM, CITY PROJECT NO. 201. Motion carried on a roll call vote, five ayes. Manager Willis recommended that the Council a resolution denying a petition for an Environmental Assessment Worksheet (EAW) on Northwest Boulevard between 56th Avenue and Avenue North and an interchange at I- 494 /Scl Lake Road. RESOLUTION 91 -442 AUTHORIZING AGREEMENT WITH HENNEPIN COUNTY TO PARTICIPATE IN HENNEPIN HOUSING CONSORTIUM Item *8 -I RESOLUTION 91 -443 ORDER PREL. ENG. REPORT FOR 1992 STREET RECONSTRUCTION PROGRAM PROJECT NO. 201 Item *8 -J adopt Petition for RAW on Northwest Blvd., 56th to 54th 54th Avenue idt Item 8 -K Councilmember Vasiliou stated the current 50 mph speed limit is excessive on Northwest Boulevard, north of County Road 9, since the road is under construction. Staff was directed to check this posted speed. Bryan Sykora, 4970 Quinwood Lane, represented citizens from Bass Lake, Bass Lake Woods, and Meadows of Bass Lake. He requested that the City consider the A -E alignment because he feels it is environmentally superior to the A -D alignment. He stated the A -E alignment has been supported by the DNR. The request for an EAW is being made because of citizen feelings that the City did not give sufficient consideration to the A -E alternative. He stated the residents obtained the assistance of the Environmental Quality Board (EQB) and the Department of Natural Resources to allow participation in public hearings during the City's permitting process. He stated that if the Council awards any contracts for Northwest Boulevard construction, it would be inconsistent Regular Council Meeting August 5, 1991 Page 299 with the City's promise to the EQB to take no further action which would eliminate the A -E alignment. He requested that the Council delay consideration of bids until the DNR permitting process is completed. John Coyne, 5515 Sycamore Lane, stated the Northwest Boulevard alignment was selected 17 years ago and recently was moved closer to the residential properties to lessen the impact on the wetlands. Since 1989 he has asked that the City address environmental issues, such as the removal of trees abutting his property and the noise levels that will be created by the roadway. He stated the EQB and DNR have tentatively given approval to the A -E alignment which is favored by abutting residents. Mr. Coyne stated that the neighbors were not included in development of the proposed landscaping plan to mitigate conditions created by the project as previously directed by the Council. The City held an informational meeting where the plan was presented to residents. He requested that the Council consider fencing and tree planting to mitigate the effects on his property. He demonstrated the traffic volumes and encouraged the Council to also consider berming. Councilmember Vasiliou stated that the residents should have been allowed to provide input on the City's recommendation. She will not vote on the plan to mitigate effects of the roadway until the residents have been involved. Manager Willis stated that one DNR staff member has stated that the A -E alignment may be the best alternative -- the City has not received any indication that that is the DNR position. At a July 18 meeting of the Environmental Quality Board, the issue was whether the City had properly followed the process with respect to the previous EAW. The Board decided that the City had followed the appropriate process, and the best way for the residents to get their concerns addressed was through a hearing before the DNR during the permitting process. Regular Council Meeting August 5, 1991 Page 300 Jack Leahey, Sycamore Lane, said that the DNR has stated, on at least three separate occasions, that the DNR favors the A -E alignment. Councilmember Vasiliou stated that if the DNR prefers the A -E alignment, it should put its comments and decision in a letter to the City and deny the permit, rather than approving the permit and then blaming the City for moving ahead with the project. David Barstad, 12915 54th Avenue North, stated that the Council previously directed staff to respond to questions by the DNR, and residents have not been provided with a copy of the letter. He stated that three DNR employees have supported the A -E alignment. Councilmember Vasiliou stated she asked about this several weeks ago and asked why the Council or residents were not provided with a copy of the letter. Manager Willis stated that the DNR requested additional information of the City. The letter responding to the DNR has not been prepared. Staff is obtaining additional information in order to prepare the response. Councilmember Zitur asked for a status report on the Pineview Lane railroad arm. Director Moore responded that the construction timing is at the discretion of the Soo Line Railroad. They have indicated that construction is slated for fall. Manager Willis stated he met with Mr. Barstad and Mr. Stemper for about three hours to discuss their previous letters and concerns. Residents in the audience responded that they did not get the answers they wanted. Councilmember Ricker stated that if the Council denies the petition for an EAW, the DNR still would have the authority to approve or deny the City's permit application. Mr. Coyne stated that if the City awards the bid for construction of Northwest Blvd. from 56th to 54th Avenues, this will eliminate an alternate alignment. Regular Council Meeting August 5, 1991 Page 301 Manager Willis stated the staff's recommendation is that the bid be awarded on that portion from 56th to 55th Avenues. This bid award would not eliminate the A -E alternative. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION 91- 444 DENYING PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET. Motion carried on a roll call vote, four ayes, Vasiliou nay. Director Moore stated the contract for construction of Northwest Boulevard was bid in two phases - from 56th to 55th Avenue and from 55th to 54th Avenue. The Council has 30 days in which to award the contract on Phase I, and 90 days to award Phase II. Each phase could be awarded separately. Phase I is necessary to provide access to Bass Lake Park and the Bass Lake Terrace Addition. Director Moore stated that as the Council directed, a landscaping plan to mitigate the effects of the project on the abutting residences was prepared for all residential properties from 54th Avenue to 56th Avenue. The estimated cost of the southerly portion is $21,000, and the northerly portion is $29,000. He recommended that landscaping and fencing be the responsibility of the property owners, with the exception of the southerly portion of the project where the road is elevated. The estimated cost for that portion of work is $15,000- $16,000. It is proposed that following landscaping installation, the adjacent property owners would be responsible for maintenance. Vicky Hubbell, 12935 54th Avenue North, stated she does not support the A -D alignment. She stated that residents had no input on and landscaping plan proposed by staff. Councilmember Ricker stated that at Council direction staff prepared a plan and held a public meeting to present it to residents and to get input. He suggested that the meeting be held RESOLUTION 91 -444 DENYING PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET Item 8 -K Northwest Blvd. Construction Project 106 Item 8 -L Regular Council Meeting August 5, 1991 Page 302 again if residents felt they did not have adequate input. Councilmember Vasiliou stated that an attorney represented the City at the Environmental Quality Board meeting, and asked that the Manager advise the Council in the future if the City hires an attorney to represent the City. Ms. Hubbell stated that at the public information meeting on the landscaping plan, Director Moore listened to resident input but stated he would not bring it forward to the Council. She stated that she does not believe the Council directive to work with the residents was met, and therefore, the bid should not be awarded. Councilmember Vasiliou stated she would be willing to meet with staff and the residents to discuss the landscape plan. Manager Willis recommended that the Council award the bid for Northwest Boulevard construction. The developer to the west of the roadway needs access to his new development and this construction will not eliminate the alternative alignment desired by abutting residents. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to direct Director Moore, Manager Willis, and Councilmembers (desiring to attend), to meet with the residents at 7:00 p.m. on August 12, to discuss the landscape plan. The plan should be returned to the Council with the cost of the City plan, and the cost of the residents' plan. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to adopt RESOLUTION NO. 91 -445 AWARDING BID, NORTHWEST BOULEVARD - 54TH TO 56TH AVENUE PHASE I, CITY PROJECT NO. 106. Councilmember Vasiliou asked whether the DNR will have made a decision on the permit application by the next meeting. Manager Willis stated "no ". RESOLUTION 91 -445 AWARDING BID - NORTHWEST BLVD. PROJECT NO. 106 Item 8 -L Regular Council Meeting August 5, 1991 Page 303 Mike Boen, 12945 55th Avenue North, stated he supports the A -E alignment. If it is not adopted, he requested that Sycamore Lane be posted off of Northwest Blvd. as "One -Way Out" to eliminate through traffic. MOTION carried on a roll call vote, five ayes. No action was necessary on the request of Vern Request of Vern Reynolds Construction to revise the development Reynolds Const. contract since the request was handled through Item 8 -M the Council's award of bid for Northwest Blvd. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -446 REDUCING DEVELOPMENT BOND, CHURCHILL FARMS ADDITION (90009). Motion carried on a roll call vote, five ayes. RESOLUTION 91 -44E REDUCING DEVELOPMENT BOND, CHURCHILL FARMS ADDITION (90009) Item *8 -N -1 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -447 by Councilmember Helliwell, to adopt RESOLUTION REDUCING NO. 91 -447 REDUCING DEVELOPMENT BOND, PHEASANT DEVELOPMENT BOND, TRAIL ADDITION (85103). PHEASANT TRAIL ADDITION (85103) Motion carried on a roll call vote, five ayes. Item *8 -N -2 MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -448 REDUCING DEVELOPMENT BOND, WILLOW MEADOWS 2ND ADDITION (88035). Motion carried on a roll call vote, five ayes. RESOLUTION 91 -448 REDUCING DEVELOPMENT BOND, WILLOW MEADOWS 2ND ADDITION (88035) Item *8 -N -3 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -449 by Councilmember Helliwell, to adopt RESOLUTION REIMBURSING NO. 91-449 REIMBURSING DEVELOPER FOR REQUIRED DEVELOPER FOR WATERMAIN CONSTRUCTION -- BASS LAKE TERRACE WATERMAIN ADDITION (90050): CONSTRUCTION 90050) Motion carried on a roll call vote, five ayes. Item *8 -0 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -450 by Councilmember Helliwell, to adopt RESOLUTION ORDERING HEARING NO. 91 -450 ORDERING PUBLIC HEARING ON THE ON VACATION OF PROPOSED VACATION OF A PORTION OF XENIUM LANE PORTION OF XENIUM RIGHT -OF -WAY WITHIN WESTMINSTER ADDITION. LANE Item *8 -P Motion carried on a roll call vote, five ayes. Regular Council Meeting August 5, 1991 Page 304 MOTION was made by Councilmember Ricker, seconded RESOLUTION 91 -451 by Councilmember Helliwell, to adopt RESOLUTION APPROVING PLANS NO. 91 -451 APPROVING PLANS AND SPECIFICATIONS AND AND ORDERING BIDS ORDERING ADVERTISEMENT FOR BIDS, 15TH AVENUE PROJECT NO. 945 STREET AND DRAINAGE IMPROVEMENTS, CITY PROJECT Item *8 -Q NO. 945. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -452 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT, HARBOR LANE, CITY PROJECT NO. 912. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -453 FOR HEARING ON PROPOSED ASSESSMENT, CITY PROJECT NO. 912, HARBOR LANE. Motion carried on a roll call vote, five ayes. RESOLUTION 91 -452 ORDERING PREPARATION OF ASSESSMENT, PROJECT NO. 912 Item *8 -R RESOLUTION 91 -453 SETTING ASSESSMENT HEARING ON PROJECT NO. 912, HARBOR LANE Item *8 -R MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -454 by Councilmember Helliwell, to adopt RESOLUTION REVISING NO. 91 -454 REVISING CONSTRUCTION COOPERATIVE CONSTRUCTION AGREEMENT, COUNTY ROAD 6, FERNBROOK LANE TO AGREEMENT COUNTY ROAD 101, COUNTY PROJECT NO. 8642 /CITY PROJECT NO. 829 PROJECT NO. 829. Item *8 -S Motion carried on a roll call vote, five ayes. Director Moore presented the staff report on the petition for an "All Way" stop at 25th Avenue and Walnut Grove Lane. The Council previously approved placement of a stop sign at the southerly corner of this intersection. Residents have now petitioned for an all -way stop. Staff recommends denial of the petition. Nick Bognanno, 2500 Walnut Grove Lane, requested that the Council approve the request. He stated there are four large pine trees at the corner that inhibit visibility, in addition to a park and trail going to Mooney Lake. Request for "All Way" Stop at 25th Avenue and Walnut Grove Lane Item 8 -T Regular Council Meeting August 5, 1991 Page 305 Brian Lokkesmoe, '2415 Walnut Grove Lane, stated traffic speed has recently increased and requested approval of the petition. Staff was directed to conduct speed checks on 25th Avenue at Walnut Grove Lane. MOTION was made by Councilmember Helliwell, RESOLUTION 91 -455 seconded by Councilmember Zitur, to adopt INSTALLATION OF RESOLUTION NO. 91 -455 INSTALLATION OF STOP SIGN, STOP SIGN for an "All Way" stop at 25th Avenue and Walnut Item 8 -T Grove Lane. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -456 AUTHORIZING PREPARATION OF ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) SCHMIDT LAKE ROAD FROM I -494 TO VICKSBURG LANE, CITY PROJECT NO. 907. Motion carried on a roll call vote, five ayes. Manager Willis presented a report on the City's participation in the League of Minnesota Cities LMC), Association of Metropolitan Municipalities AMM), Municipal Legislative Commission (MLC), and the Suburban Rate Authority (SRA). He outlined the dues for 1991 and 1992, as well as the applicable withdrawal dates should the Council decide to withdraw membership from one or more of the organizations. Councilmember Vasiliou stated the City continues to belong to the LMC because of the insurance provided; however, she questioned what the insurance alternatives are. Manager Willis stated the LMC dues are based on population of the City. Through the last year, the 1980 population was used to determine the City's membership dues. This year the 1990 population was used which results in a large increase. He stated that lobbying is the primary and sole function of the MLC. The other three organizations provide many other services, in addition to lobbying. RESOLUTION 91 -456 AUTHORIZING EAW ON SCHMIDT LAKE ROAD FROM I -494 TO VICKSBURG LANE PROJECT NO. 907 Item *8 -U Regular Council Meeting August 5, 1991 Page 306 Manager Willis stated that he feels there is value to each of the organizations, but if the Council decides to reduce the number of memberships, he recommended memberships be maintained in the following order: LMC, AMM, SRA, and MLC. Councilmember Helliwell stated this is a difficult decision because each of the organizations have a different emphasis on different issues. Councilmember Ricker suggested that a letter be send to each of the organizations that a cap needs to be placed on the dues or Plymouth will not be able to continue membership in future years. Councilmember Zitur suggested that membership in one organization be discontinued for next year. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to continue the City's membership in the League of Minnesota Cities and the Suburban Rate Authority during 1992. Motion carried four ayes; Councilmember Vasiliou nay. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to continue the City's membership in the AMM and MLC, and to direct staff to send letter to the organizations indicating that the City takes serious objection to the dues increases and unless dues are capped, Plymouth may not continue those memberships. Attorney Thomson 'stated the SRA and MLC are joint powers agreements that the City entered into. The City must follow the bylaws. The LMC and AMM are voluntary organizations. Motion was made by Councilmember Ricker, seconded by Mayor Bergman, that a letter also be sent to the SRA that Plymouth is resigning its membership from the SRA effective 1 -1 -93. Motion carried on a roll call vote, four ayes, Vasiliou nay. Membership in LMC and SRA Item 8 -V Withdraw Membership from SRA effective 1 -1 -93 Item 8 -V Regular Council Meeting August 5, 1991 Page 307 Councilmember Vasiliou stated her no vote reflects her opposition to remaining in the Suburban Rate Authority this year. She stated the City Manager should have made the Council aware of this membership renewal so the City could have withdrawn this year. Manager Willis stated the Suburban Rate Authority membership was presented to the Council earlier in the year and no objections were received so membership was renewed. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to split the vote on continuing the membership for the MLC and AMM. Motion carried, four ayes, Councilmember Vasiliou nay. Motion to continue the MLC membership for 1992 carried, Helliwell, Ricker, Zitur ayes; Vasiliou and Bergman nays. Motion to continue the AMM membership for 1992 carried, Helliwell, Ricker, Zitur ayes; Vasiliou and Bergman nays. Motion was made by Councilmember Helliwell, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 91 -457 APPROVING ADOPTION OF CAPITAL IMPROVEMENTS PROGRAM, 1991 -1995. Councilmember Helliwell stated she supports the overall program, but opposes the Schmidt Lake Road construction. Motion carried on a roll call vote, five ayes. Manager Willis stated the Council previously directed that staff submit possible means of financing for the proposed expansion of the existing City Center building. He stated there are three options for financing: 1) General obligation bond sale, 2) Existing City reserves, and 3) Combination of general obligation bond sale and use of reserves. Finance Director Hahn has indicated there are sufficient reserves to pay the estimated cost of the project. RESOLUTION 91 -457 CAPITAL IMPROVEMENTS PROGRAM 1991 -1995 Item 8 -W City Center Space Needs Report - Financing Options Item 8 -X Regular Council Meeting August 5, 1991 Page 308 Councilmember Ricker stated that the Council should determine if there is a need to expand the building - he believes some expansion is warranted. If there is a need, the financing is available and should be designated. Mayor Bergman stated he is reluctant to do anything right now, other than the connection to the Public Safety building. Councilmember Ricker suggested that the architect be asked to provide further information that could assist the Council in determining the amount of space needed. Manager Willis stated the architect has provided information on space needs through the year 2011. He could be asked to provide a more conservative estimate to serve needs for the next five or ten years. Councilmember Zitur stated that the Council should consider the use of reserves for this and other projects. His concern is that the legislature could penalize the City for holding excessive reserves in the future. Councilmember Vasiliou stated she cannot see the need as easily as the Public Works or Public Safety buildings. She would like further information as well. Councilmember Zitur stated additional space is needed, particularly conference rooms for citizen and employee privacy. Manager Willis stated he will ask the architect to provide further, more tangible information, on the space needs at the City Center. MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -460 by Councilmember Helliwell, to adopt RESOLUTION APPOINTING NO. 91 -460 APPOINTING ELECTION JUDGES FOR SPECIAL ELECTION ELECTION CONDUCTED BY MAIL BALLOT ON SEPTEMBER 3, JUDGES 1991. Item *8 -Y Motion carried on a roll call vote, five ayes. Regular Council Meeting August 5, 1991 Page 309 MOTION was made by Councilmember Zitur, seconded RESOLUTION 91 -461 by Councilmember Helliwell, to adopt RESOLUTION APPROVING NO. 91 -461 APPROVING 1991 CIGARETTE LICENSE CIGARETTE LICENSE APPLICATION for Target Greatland. Item *8 -Z Motion carried on a roll call vote, five ayes. Community Development Director Tremere presented the report requested by the Council and showed slides of trash and recycling containers in various locations in the City and noted the types of problems that can be created by their placement and lack of enclosure. He stated there are 49 pending enforcement efforts relating to unenclosed /unscreened trash containers and unlawful outside storage of materials other than trash or recyclable items. Other violations noted were obstruction of parking, and obstruction of fire hydrants and building connections. He asked that the Council decide whether a distinction should be made between containers used for recyclables and all other containers, and provide staff with direction with respect to Zoning Ordinance standards. Mayor Bergman asked the purpose of requiring enclosures? Director Tremere stated that the Planning Commission and Council were concerned with aesthetics, location, and sanitation issues during the early to mid 198019. The current zoning ordinance standards were developed before source separation was mandated. Councilmember Helliwell suggested that building owners could be notified by letter requesting them to construct larger or additional enclosures. Jeff Crees of BFI Systems Inc., stated that it is unlikely many businesses would comply with the request due to cost considerations. One concern is that the businesses may discontinue source separation if the cost is too great. Report on Enclosure of Containers used for Trash, Garbage and Recyclables Item 9 -A Regular Council Meeting August 5, 1991 Page 310 Councilmember Zitur stated that the City has perhaps not sufficiently communicated the City's position to the businesses and, particularly, to the haulers. Councilmember Ricker stated that it is possible that, in some cases, the property owner may not have the land available to construct additional enclosures. He suggested that exceptions be considered if new standards are adopted. Councilmember Vasiliou suggested that a Task Force be established to consider the issue. Representatives of various businesses, commercial and industrial property owners, and refuse haulers could serve on the Task Force. The Mayor stated the issue was one of space which is valuable and the ultimate decision an owner faces is whether to dedicate space to business needs or to trash containers. Director Tremere stated the Council should determine whether it wants to make a distinction between containers designated for recycling and those used for trash. The current standards do not make a distinction. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to establish a Task Force to address this issue and to direct staff to return with a recommendation for Task Force members and charge. Membership can be developed through publicity and representatives of local businesses, property owners, and city staff should be included. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 91 -462 APPOINTMENT OF JAMES EDWARDS TO BOARD OF ZONING ADJUSTMENTS AND APPEALS, for a term expiring January 31, 1992. This fills the vacancy resulting from Jay Naftgzer's resignation. Motion carried on a roll call vote, four ayes, Vasiliou nay. RESOLUTION 91 -462 APPOINTING JAMES EDWARDS TO BOZA Item 9 -B Regular Council Meeting August 5, 1991 Page 311 Councilmember Vasiliou stated she feels there are too many board representatives from the same area of the City. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to direct staff to send a letter of appreciation to Jay Naftgzer for his years of service. Motion carried, five ayes. MOTION was made by Councilmember Ricker, seconded Policy on by Councilmember Vasiliou, to make no changes to Appointments to the Policy on the Appointment /Reappointment of Boards and Members to boards and commissions for 1992. Commissions Item 9 -C Motion carried, five ayes. Items 8 -D and 8 -E were tabled to the next meeting. Manager Willis stated that the preliminary proposed budget and tax levy will be placed on the August 19 agenda to comply with the Truth in Taxation statutes. The meeting was adjourned at 12:00 midnight. City Clerk 7 -G CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 16, 1991 for Council Meeting of August 19, 1991 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT: PUBLIC SAFETY BUILDING PROJECT - APPROVE DESIGN DEVELOPMENT DRAWINGS, AUTHORIZE PREPARATION OF INSTRUCTION DOCUMENTS. 1. ACTION REQUESTED Review the Public Safety Building design development drawings and cost estimates prepared for the project as prepared by Polson /Trossen /Wright Architects and authorize the architects to proceed with the construction document phase. 2. BACKGROUND: Last year Polson /Trossen /Wright was selected to serve as the architect for the Public Safety Building project. Since that date they have been making good progress on the program. At your July 1 meeting, you reviewed and approved the schematic drawings of the project and ordered that the architects proceed with the design development phase. The architects report to me that they have completed that work and will be presenting their work product to the Public Safety Building Committee at 5 p.m., Monday, and the full City Council at 7 p.m. The architects inform me that the estimated construction costs for this project at this point are still within the previously approved budget. The total budget including miscellaneous costs and furnishings is still projected at 3,574,000. At this juncture we are comfortable that the construction estimates provided by the architect will ensure that the project comes in within the budget established by the City Council. PUBLIC SAFETY BUILDING PROJECT - APPROVE DESIGN DEVELOPMENT DRAWINGS, AUTHORIZE PREPARATION OF FINAL PLANS AND SPECIFICATIONS August 16, 1991 for Council Meeting of August 19, 1991 Page 2 The design development drawings will include some internal space revisions, but will not change the size of the building. The drawings will be available for your review Monday after the architects arrive from Kansas City . Following approval of this phase of the project, Polson /Trossen /Wright Architects will proceed to prepare the contract documents. 3. CONCLUSIONS AND RECONK NDATIONS: I recommend that the Council adopt the attached resolution approving the design development drawing phase for the Public Safety Building, and authorizing the architects to proceed with the construction document phase of the project. JW:kec CITY OF PLYMOUTH RESOLUTION NO. 91- PUBLIC SAFETY BUILDING - APPROVAL OF DESIGN DEVELOPMENT DRAWINGS (PROJECT 017) WHEREAS, the City Council has entered into an architectural services agreement with the architectural joint venture of Polson /Trossen /Wright to provide architectural design services for the new Public Safety Building; and WHEREAS, the architects have submitted design development drawings and cost estimates for the project; and WHEREAS, the City Council has reviewed the design development drawings and cost estimates. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Public Safety Building design development phase drawings are hereby approved. BE IT FURTHER RESOLVED, that the architects are hereby authorized to proceed with the contract document phase of the project. Adopted by the City Council on 7- N CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 16, 1991 for Council Meeting of August 19, 1991 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT: CITY CENTER SPACE NEEDS REPORT 1. ACTION REQUESTED: Provide direction to the staff as to whether or not the spaces needs identified in the Polson study adequately forecast the future spaces needs for the City Center facility. 2. BACKGROUND: The Council has previously received and reviewed a space needs analysis report commissioned by the Council from Polson Trossen Wright Architects. The Council considered this report at their August 5 Council meeting, but indicated they prefer to hear more from the architect with respect to the justification of the space needs. Mr. Polson will be present Monday evening to respond to questions the Council has with regard to this report. I am attaching a copy of the report from the August 5 Council meeting which further backgrounds this topic. JW:kec MBMO x CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 1, 1991 for Council Meeting of August 5, 1991 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT: CITY CENTER SPACE NEEDS REPORT - FINANCING OPTIONS 1. ACTION REQUESTED: Provide direction to the staff as to whether or not one of the suggested financing mechanisms for the proposed expansion of the City Center building is acceptable to the Council. 2. BACKGROUND: The City Council directed that we submit for consideration, possible means of financing the proposed expansion of the existing City Center building. This report suggests alternatives for Council consideration. 3. PRIMARY ISSUES AND ANALYSIS: The existing City Center building was constructed in 1978, and was planned to serve the City's space needs for approximately 10 years. The Council currently has under development, the final plans for a new public safety building to be located adjacent to the existing City Center building. The proposed project is designed to meet the space needs of the Public Safety Department through the year 2010. The Poison I Trossen Wright space needs study for the City Center building forecast additional space needs of 13,500 square feet (gross) to meet the needs through the year 2011. This space is projected to be required in addition to converting 3,300 square feet to be vacated by the Public Safety Department. The estimated cost for the expansion and renovation of this building is estimated at $2,733,000. A summary of the Poison study reflecting their conclusions is attached. CITY CENTER SPACE NEEDS REPORT - FINANCING OPTIONS August 1, 1991 for Council Meeting of August 5, 1991 Page 2 The Council directed that we examine alternative means by which such an expansion could be financed. The Finance Director and I have examined that issue and have the following options to recommend for your consideration: 1. General Obligation Bond sale. 2. Existing City reserves. 3. Combinations of 1 and 2. General Obligation Bond Sale - The project could be financed through the issuance of General Obligation (G.O.) Bonds. G.O. Bonds must be approved by the voters prior to their being issued as the debt created by the sale of the bonds is paid for through higher property taxes during the period the bonds are outstanding. The City currently has relatively modest outstanding G.O. Bond debt. From a financing perspective, G.O. Bonds offer the advantage of providing us the opportunity to conserve existing cash and spreading the cost of the project to the future, presumably ensuring that future citizens of Plymouth help share in the cost of facilities built to serve their needs. Existing City Reserves - The City Council earlier this year received a report of the Financial Task Force which set forth their recommendations, as well as analysis of existing City reserves. A copy of a summary of that report is attached. The City Center project was not specifically contemplated for future financing, although it was mentioned in their report. The Finance Director has examined the City's reserves and has suggested the possible funding of the proposed expansion of the City Center building coming from the sources noted below: Permanent Improvement Revolving Fund (PIR) $1,733,000 Public Facilities Fund $ 500,000 Project Administration Fund S 500,000 TOTAL $2,733,000 CITY CENTER SPACE NEEDS REPORT - FINANCING OPTIONS August 1, 1991 for Council Meeting of August 5, 1991 Page 3 Use of Both Cash Reserves and G.O. Bonding - The option will permit the Council to balance the need to conserve existing and project cash reserves while incurring long -term debt. The amount of financing from each source would have to be determined by the Council as a matter of preference. It would be possible to merge both the Public Safety building and City Center projects into a single project for financing purposes. As noted above, any amount proposed to be financed through the sale of G.O. Bonds would require voter approval. The last sale of General Obligation Bonds was used to assist in the financing of Fire Stations I and III. Those bonds were sold in 1987 in the amount of $1,400,000. More recently, the Council has authorized the use of existing City resources to finance the remodeling of Fire Station II, the construction of the new Public Works Maintenance facility, the Bass Lake and Parkers Lake Community Playfields, and the Public Safety Building. Those projects represent a total commitment of nearly $10,500,000. 4. RECOMMENDATIONS AND CONCLUSIONS: Any one of the financing options suggested are viable. The Financial Task Force report does not contemplate the expenditure of funds for the expansion of the City Center building. I believe it would be fair to conclude they would not recommend a further drawing down on existing City reserves as they have recommended that those reserves be strengthened. If the Council were to determine that a G.O. Bond sale is the most appropriate means to finance the proposed project, then it would need to determine a timeline for the scheduling of the project which would incorporate sufficient time to inform the public and provide an opportunity for the voters to authorize the issuance of the bonds. I believe there is meri t the City Center building growing needs for space operations and divisions JW:kec to proceed with the expansion of in order that we can address the as we have done for the other of the City. City of Plymouth Financial Task Force Report Appendix C• Analysis of Fund Balances as of December 31. 1990 Public Safety 3,700,000 Public Works 3,800,000 Parks 11) 3,000,000 10,500,000 saaaaazsazata 1) May be partially funded from future park dedication fees. 14 Estimated Fund Unencumbered Required Recommended Discretionary Balance Committed Balance Reserves Reserves Reserves General Fund 3,900,000 3,900,000 3,900,000 0 Recreation 18,000 18,000 18,000 0 Police State Aid 178,000 215,000 37,000) 37,000) 0 Building 5 Equipment 1,500,000 104,000 1.396,000 1,396,000 0 Forestry 15,000 15.000 15.000 0 Parkers Lake Cemetery Maint 49,000 49,000 49.000 0 Transit System 130,000 80,000 50.000 50,000 0 Community Oevel Block Grant 47,600 47.000 47,000 0 Project Administration 828,000 828.000 428.000 400,000 City 6 Community Parks 830,000 830,000 330,000 500,000 Neighborhood Parks 379,000 379,000 379,000 0 Park Replacement 60,000 60.000 60,000 0 Public Facilities 1,221,000 1,221.000 1,221,000 0 Housing 3 Redevelopment 25,000 25,000 25,000 0 General Obl. Debt Sery 89,000 89,000 89,000 0 Tax Increment Bond Debt Sery 6,111,000 6.111.000 6,111.000 0 Special Assess. Debt Sery 27,000,000 27.000.000 27.000.000 0 Gen. Capital Proj Const 310,000 310,000 310.000 0 Minnesota State Aids Const 862,000 862,000 862,000 0 Special Assessment Const 13,858,000 13,858,000 13,858,000 0 Permanent Improv Revolv. 12,341,000 800,000 11,541,000 1,200,000 10.341.000 Water 5,900,000 5,900,000 4,500,000 1,000,000 Sewer 2,800,000 2.800,000 2,800,000 400,000 Central Stores 180,000 180,000 180,000 0 Central Equipment 1,875,000 1,875,000 875,000 1,000,000 Risk Management 4,500,000 4,500,000 4,500,000 0 Parkers Lake perpetual 70,000 70,000 70.000 0 85,076,000 1,199,000 83,877,000 48,325,000 21,911,000 13,641,000 azsz :azaxaaz assaaaa :asaaa asasasssaas :: a :assaas::w s:sarn : :ssss ss:asa:sss :sa Estimated future interest earnings'1991 through 2004 7,135.000 20,776,000 Sazaass:aaasa Proposed Projects: Public Safety 3,700,000 Public Works 3,800,000 Parks 11) 3,000,000 10,500,000 saaaaazsazata 1) May be partially funded from future park dedication fees. 14 3 EXPANSION DIAGRAMS The expansion diagrams show both floors of the existing structure, with current office space indicated along side the year 2011 required space. The 2011 diagrams show 18,500 sq. ft. renovated and a 13,500 sq. ft. expansion. (A reconfigured north parking lot is expected to contain about 40 cars, compared with the 45 spaces now provided.) COST ESTIMATES ft is difficult to estimate costs with only floor area requirements. For example, since needs include supplement public meeting space, retained lobby service counters, and more spaces with walls to the ceiling, renovation requirements could be extensive. And there are savings associated with a construction contract that includes both the Public Safety and the Administrative buildings. Renovation (18,500 sq.ft. @ $40) Expansion (13,500 sq.ft. @ $100) Link ( *280 sq.ft. @ 4 f 10) Total Construction Testing & Professional Furnishings (75% new) Contingency (10% const) Total Project Estimate $2,733,000. this assumes that a link is not constructed prior to the expansion of the present structure 4 Space Needs Summary Current Public Safety Space: 3,296 sfg Total Building Area: 31,490 sfg 2011 Administrative Spaced Needed 32,000 sfg Less Existing Administrative Space - 15,200 sfg Less Abandoned Public Safety Space - .300 sf Expansion Required: 13,500 sfg Renovation Required: 18,500 sfg 1991 Personnel: 72 2011 Personnel: 116 space figures are Fross; area totals) department Spn"nt S191 S201 1. Finance 3,013 4,970 7,430 2. Administration 1,873 2,150 4,130 3. Community Devel. 2,200 3,090 4,680 4. Public Works 2,328 3,165 5,085 5. Parks & Rec. 2,088 2,560 3,700 6. General 2.230 3.590 3.920 subtotal, sfg 13,732 19,525 28,945 mech, circ & tlts 1,442 2,083 3,038 15% sfn) Total, sfg 15,174 21,608 31,983 Current Public Safety Space: 3,296 sfg Total Building Area: 31,490 sfg 2011 Administrative Spaced Needed 32,000 sfg Less Existing Administrative Space - 15,200 sfg Less Abandoned Public Safety Space - .300 sf Expansion Required: 13,500 sfg Renovation Required: 18,500 sfg 1991 Personnel: 72 2011 Personnel: 116 Expansion Diagrams s Present 2011 Required 15,200 sfg 32,000 sfg Rbk Safety Ground Floor N ag' Ground Floor N 0" Frst Floor N ag' Frst FIM N lQ 7 -I CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 16, 1991 for Council Meeting of August 19, 1991 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT: ADOPTION OF PROPOSED 1992 CITY AND KRA BUDGETS AND PROPOSED 1991 PROPERTY TAX LEVY, AND SETTING PUBLIC HEARING ON SAME ACTION REQUESTED: Adoption of the attached three resolutions: 1) Adopting the preliminary proposed 1992 City and HRA Budgets; 2) Approving proposed 1991 (payable 1992) property tax levies; and 3) Setting dates for public hearing (s) on the proposed 1992 budgets and property tax levies. BACKGROUND: The Truth in Taxation statute requires that local governments adopt proposed operating budgets and adopt proposed property tax levies in order that the County can issue "Truth in Taxation" property tax statements to property owners. This year, within Hennepin, Ramsey and St. Louis Counties (Duluth), property taxpayers will receive parcel - specific preliminary tax notices. These preliminary tax statements will be mailed to all property tax owners on or about November 8 by the respective counties. The tax statements will project the taxes proposed to be levied by each of the taxing jurisdictions affecting that particular property owner. It is for that purpose that the City Council is required to adopt a proposed budget and proposed property tax levy. Each local unit of government must also establish public hearing dates to which the public is invited to attend for the purpose of commenting on the proposed budget and proposed property tax levies. The County and School Districts, by statute, have the opportunity of selecting their dates first. The County and School Districts in Plymouth have selected the following dates for their public hearings: Hennepin County November 19, December 3 School District 279 Osseo) November 26, December 17 School District 281 Robbinsdale) December 2, December 16 School District 284 Wayzata) December 9, December 16 School District 270 Hopkins) December 5, December 19 ADOPTION OF PROPOSED 1992 CITY AND HRA BUDGETS AND PROPOSED 1991 PROPERTY TAX LEVY, AND SETTING PUBLIC HEARING ON SAME August 16, 1991 Page 2 The date(s) we select must not conflict with the dates previously selected by the County and the School Districts. The Finance Director and I have looked at the calendars for November and December and are suggesting that the Council schedule its first public hearing for November 25. The second public hearing, December 10, has been selected in case the Council needs to continue the first hearing. The second hearing must not be less than five nor more than fourteen business days after the first meeting. The Truth in Taxation statute require that the budget be adopted at a public hearing meeting. These proposed dates are open for your discussion. The adoption of the preliminary proposed budgets and proposed property tax levy must be accomplished by the City Council August 19 as that is the last scheduled Council meeting prior to the statutory deadline of September 3. It is recognized that the hearing proposed to be held on November 25 is based upon the budgets I am attaching to this memorandum Exhibit I and II) . The City Council has not had an opportunity to consider these budgets. These preliminary budgets reflect the requests of each of our operating units; I have not yet fully had the opportunity to review them. However, for the purposes set forth in the Truth in Taxation statute, I believe it is appropriate for the Council to adopt the attached preliminary proposed 1992 budgets as presented. The Council's formal budget review will undoubtedly result in changes to these budgets, as will mine. The recommendation to levy proposed property taxes contained in the attached resolution is the maximum authorized under the levy limit statutes. You will note that in 1990, we levied $295,864 under the levy limit cap as a general debt service levy. This levy would have qualified as a "special levy," however it was included under the levy limit in order to "protect" our levy limit base. For the 1991 tax levy (payable 1992), it is assumed that the full levy limit will be used to finance General Fund operations. The schedule of proposed levies is shown on attached Exhibit III. In addition to the normal special levies, I have also included a special levy for tax abatements and cancellations in the amount of $200,483. This levy is to recoup the lost tax dollars which resulted from court ordered reductions in valuations last year. In essence, it collects in 1992, taxes which were anticipated to have been collected previously; it does not represent "new" money. ADOPTION OF PROPOSED 1992 CITY AND HRA BUDGETS AND PROPOSED 1991 PROPERTY,TAX LEVY, AND SETTING PUBLIC HEARING ON SAME August 16, 1991 Page 3 You will also note that the City's total tax capacity value decreased from $58,462,583 to $57,794,000. A good portion of this reduction results from a decrease in the tax capacity rates applied to higher value homes as well as commercial /industrial and apartment properties. The loss of this tax capacity is to be made up through increase H.A.C.A. in 1992. Attached are two memos from the City Assessor which I have previously provided to the City Council in the Information Memorandum. These two memos discuss the tax abatements and cancellations and reductions in the tax capacity value for taxes collectible in 1992. Finally, the proposed HRA levy, $361,558, is the maximum allowable and presumes that the Council and /or HRA will continue to proceed with the proposed senior citizen housing program. CONCLUSIONS & RECObIIM19NDATIONS: Based upon the instructions we received from the Commissioner of Revenue with respect to compliance with the Truth in Taxation statute, I recommend the Council adopt the attached resolutions providing for the following: 1) Adoption of the preliminary proposed 1992 City and HRA budgets. 2) Adoption of the proposed 1991 (payable 1992) property tax levy in the amount of $10,602,293. 3) Setting November 25 and December 10 as public hearing dates for the public to comment on the proposed 1992 City budgets and proposed 1992 property tax levy. CITY OF PLYMOUTH RESOLUTION NO. 91- PROPOSED PROPERTY TAX LEVIES FOR TAXES PAYABLE IN 1992 WHEREAS, the City Council has preliminary approved the proposed operating budgets for the period commencing January 1, 1992 and certain monies to finance said budgets are preliminary required to be raised from taxes on taxable property in the City of Plymouth. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the following sums of money be raised by tax on taxable property in the City of Plymouth for the year 1992 as set out in the approved proposed 1992 City budgets are hereby proposed to be levied: General Purpose: General Fund Infrastructure Forestry Storm Sewer Tax Districts Total General Purpose Special Levies: Tax Abatements City Special Assessments Housing and Redevelopment Authority General Obligation Debt Total Special Levies Total All Levies 7,809,914 930,804 228,500 300,0A 9,269,252 200,483 110,000 361,558 661,000 1,333,041 BE IT FURTHER RESOLVED, that the said proposed tax levy be certified to the County Auditor of Hennepin County on or before September 3, 1991. Adopted by the City Council on CITY OF PLYMOUTH RESOLUTION NO. 91- A RESOLUTION SETTING PUBLIC HEARING FOR 1992 CITY BUDGETS WHEREAS, in accordance with state statutes, the City Council annually adopts various operating budgets; and WHEREAS, the Council desires to receive information from the public relative to the proposed budgets; and WHEREAS, a public hearing is annually established for the purpose of obtaining such resident input. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby establishes Monday, November 25, 1991 at 7:00 p.m. as the first public hearing date for public review and comment regarding the 1992 City Budgets and Tuesday, December 10, 1991 as the second public hearing date if needed; and FURTHER, does hereby direct the City Clerk to cause public notice of such hearing to be published in the Star Tribune in substantially the form attached. Adopted by the City Council on CITY OF PLYMOUTH RESOLUTION NO. 91- ADOPTING PROPOSED 1992 BUDGETS WHEREAS, the City Manager has prepared preliminary proposed 1992 budgets for fiscal year commencing January 1, 1992 based upon the requirements of the State Tax Law. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the preliminary 1992 proposed operating budgets for the following funds are hereby preliminary approved: General Fund Budget $12,080,919 Recreation Fund Budget 610,835 Forestry Fund Budget 279,709 Water Fund Budget 2,574,500 Sewer Fund Budget 4,032,524 Central Equipment Fund Budget 1,436,300 Solid Waste Fund Budget 528,400 BE IT FURTHER RESOLVED, (i) that the City Council concurs on the 1992 Plymouth Housing and Redevelopment Authority budgets in the amount of $1,118•,358, (ii) that this proposed operating budget resolution and the accompanying proposed tax levies contained in Resolution No. 91- are being submitted by the City in accordance with Minnesota Statutes, and other applicable law in effect on this date; (iii) that the Resolutions represent a good faith effort by the City to substantially comply with applicable law; and (iv) that the City Council declares its intent to take all necessary actions legally permissible to conform with the laws, rulings, and regulations now or hereafter applicable to the submission and approval of the City's budget and tax levies both proposed and final. Adopted by the City Council on CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 7, 1991 TO: James G. Willis, City Manager FROM: Scott Hovet, City Assessor i tk SUBJECT: CITY TAX CAPACITY VALUATION STATUTORY IMPACT The total estimated market valuation of the City continues to grow, yet the City's taxing capability is declining due to legislative action. First is a listing of the overall City market value, this is followed by the percent growth of that value from the prior year assessment. Next is the City's taxing capacity for the same assessment years, followed by the percent of change in our taxing capacity for those collectible years as listed: ASSESSMENT YEAR 1989 1990 1991 MARKET VALUE 2,438,235,900 2,657,688,500 2,759,981,400 GROWTH FROM PRIOR YEAR) 7.35% 8.57% 4.23% Current Year) It should be noted that the City's 1991 estimated market value grew by 4.23 %. Before Legislative changes our tax capacity for collectible 1992 would have grown by 4.34 %. Due to statutory changes in property classification percentages, the City will lose 6.63% of it's taxing authority from the prior year. CiM NG 9,91 GROSS COLLECTABLE TAX CAPACITY CHANGE TAX YEAR 1989 67,480,530 1990 1990 72,869,801 7.98% 1991 Before 1991 76,031,803 4.34% 1992 Prior Year) After 1991 71,303,364 6.63% 1992 Current Year) It should be noted that the City's 1991 estimated market value grew by 4.23 %. Before Legislative changes our tax capacity for collectible 1992 would have grown by 4.34 %. Due to statutory changes in property classification percentages, the City will lose 6.63% of it's taxing authority from the prior year. CiM NG 9,91 I August 8, 1991 Tax Capacity Impact Page 2 There are 3 primary reasons for this change. First, the most notable change is in the calculations of residential homestead taxes in 1992 under the revised 3 tier system. Demonstrated as follows: 1991 TAX CAPACITY 1st $68,000 of Value @ 1% Next $42,000 of Value @ 2% Over $110,000 of Value @ 3% 140,000 House = $2,420) 1992 TAX CAPACITY 1st $72,000 of Value @ 1% Next $43.000 of Value @ 2% Over $115,000 of value @ 2.5% 140,000 House - $2,205) 55 %, or 8,144 out of 14,755 single family homes are valued in excess of $110,000. This alone amounts to $1,750,000 loss in tax capacity. Second, commercial and industrial property in Plymouth is 48.3% of our tax base. The Legislature has dictated that the tax capacity calculation on commercial /industrial property be reduced over three years from 5.061% down to 4.95% and for collectible tax year 1992 down to 4.75 %, a $1,00.0,000 loss in our tax capacity. Lastly, our loss to the Fiscal Disparities pool (contribution) is increasing from 12,525,000 to $13,673,000, another $1,148,000 tax capacity loss. These are the three major reasons that our tax capacity, even though we are experiencing market value growth, is being reduced. The Legislature has also increased our HACA (Homestead Credit) Aid to help offset some of our lost tax capacity. cc: Dale Hahn, Finance Director CiM AUG TO J CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 8, 1991 TO: James G. Willis, City Manager FROM: Scott Hovet, CAE, City Assessor SUBJECT: ABATEMENTS AND PROPERTY TAX APPEALS The increasing trend in property tax reduction being sought by taxpayers through the abatement (correction) or tax court petition filings are on the increase throughout Hennepin County. This trend is also being felt in Plymouth. Abatements are a property tax correction that is sought by property owners to reduce the amount of taxes owed for an improper classification (homestead) or a reduction in valuation. Court case tax petition growth is occurring at an alarming rate. Attached is a listing of each city in Hennepin County of the growth in court case appeals that have been filed. The City has 595 commercial, industrial and apartment properties. 119 tax court petitions have been filed against the City, most of these are commercial and industrial. The amount of property tax revenue loss that the City is experiencing is growing each year. In 1988 we lost approximately $10,000. In 1989 our loss was close to 25,000. Our loss of taxes from all causes (abatements, exempt filings, delinquent taxes, valuation reduction from tax court appeals) will amount to approximately 100,000 in 1991. I am expecting about $150,000 to be refunded during the 1992 budgetary year. The magnitude of this problem is requiring assessors to be prepared to perform a fee appraisal on every commercial, industrial and apartment property in the City should they go all the way to trial. This is consuming more and more of my time and is next to impossible as there are 595 commercial, industrial and apartment properties to be assessed each year on the assessment date (January 2). CIM pIJ 9'91 V August 8, 1991 James G. Willis Page Two Market values on many of our larger commercial properties are declining during this so called recession. Some examples of this are as follows: POTENTIAL CVN /Litton) Holiday Inn $ 4,420,000 $ 2,400,000 $ 15,900 Foreclosure) Scanticon Minneapolis $18,232,000 $15,000,000 $ 25,400 40,000,000 (Foreclosure) Construction Cost) These five larger taxpayers represent a possible reduction in market value and ultimately property tax that could have an impact in the budgetary process for the City. All five of these properties have filed tax court petitions and I am currently in the income discovery stage. I will keep you informed of the status of our progress. I think we are experiencing the "peak" of appeals as commercial /industrial values are stabilizing. Also, we are addressing 2 and 3 assessment years at one time. I also feel most major properties that may have experienced financial trouble have already surfaced. Attached for your information are two articles dealing with the magnitude of property tax appeals. The article "Appeals are Appealing" is from Monday, August 5, Minnesota Real Estate Journal. The article "Minneapolis tax appeals likely to raise rates for all" is from the August 7 Star Tribune. These articles very graphically describe the nature of the problem. There is not all bad news. The 1990 Legislature passed a statute where the City may re -levy losses of property tax revenue the subsequent year. This means that property tax revenue lost to the City in one year may be recouped the following year. c«M AUG 5'91 FUTURE) COMPLEX NAME 1991 VALUE SALE PRICE TAX LOSS Park Place 22,000,000 15,500,000 35,000 Apartments Foreclosure) Plymouth Place 5,505,000 1,100,000 4,600 Hotel Carlson Marketing 10,265,500 9,000,000 10,000 CVN /Litton) Holiday Inn $ 4,420,000 $ 2,400,000 $ 15,900 Foreclosure) Scanticon Minneapolis $18,232,000 $15,000,000 $ 25,400 40,000,000 (Foreclosure) Construction Cost) These five larger taxpayers represent a possible reduction in market value and ultimately property tax that could have an impact in the budgetary process for the City. All five of these properties have filed tax court petitions and I am currently in the income discovery stage. I will keep you informed of the status of our progress. I think we are experiencing the "peak" of appeals as commercial /industrial values are stabilizing. Also, we are addressing 2 and 3 assessment years at one time. I also feel most major properties that may have experienced financial trouble have already surfaced. Attached for your information are two articles dealing with the magnitude of property tax appeals. The article "Appeals are Appealing" is from Monday, August 5, Minnesota Real Estate Journal. The article "Minneapolis tax appeals likely to raise rates for all" is from the August 7 Star Tribune. These articles very graphically describe the nature of the problem. There is not all bad news. The 1990 Legislature passed a statute where the City may re -levy losses of property tax revenue the subsequent year. This means that property tax revenue lost to the City in one year may be recouped the following year. c«M AUG 5'91 4 U3 in z w 4 a O 4 E 1 r•1 a co 44 .W7 O Wz r1l rI P4 U C-+ O H ri m to CO 0 M E C I 0 0 0 0 0 0 0 0 0 1 0 1 H 1J a) 1 a0 O+ Ili O O d O O 1 In 1m1I1 W a) I M 1" O v v O v N O I r- 1 Ri t IA h N M 1` to 0 r-1 0 I O I O d' N M M I ON I I to r-i rn I 1 m m z 1 0 0 0 0 0 0 0 0 0 1 0 1 M 1J C I 0000000001 0 I 1 04a) wH0mH0Mr-IO M I O > I I 1 M M M O M O H O O I M I RC OG I 0 0 N N O to C O o 1 N 1 M ri V M d In ri 1 d' 1 1 f ri O I e--I Ot ro 7 1 1- ri 0 0 O v O N I CO 1 M O C I O N t0 O CO CO W O H 1 10 1 ri 1.) a) I to M M M t0 m a0 M %D 1 0 1 u > I 1 I 4 a) I w o T v I` o M v O 1 w I cx I Ot 1` o M o v m m r- 1 v I fD .-I -e I t0 .•i O 1 a) b 7 C C a) b W > a) m m > ra m x d •rl ro N U N c V4JV $4a y •rd $4 C a) U m 44 C c m O $$4 $4 O ° N u r74 04 a w1, C ar > a ro a m1m. 1 d+yA k u $4 c c 41 b C m ro- 4 () .,.1 O C .0 O •,.1 E a 04 r4 Z -1 U U Z V a O W rA ro 4 D C w c r.l ro 1.1 O H o m o-e O o o o m M O O N O O O O M w r- In m v M M O N O o d' N CO o O M d' 14 t- I. M N M M O M t0 N M O to V N M M N d' ri O O le O O O O O O M O r-I M O O O O O t0 o o M M r4 v H r- 14 0 U1 N 0 v N N 0 t- M O N O r•1 O M .-I m N ri rq M v N v M ri cr r-i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I- 0 O t0 N C v 1•1 r- 1-1 0 O 1` m o N N Ot tl M m to r 4 1` O M H to N t0 Ot 1f1 d' N d' M N M H M M M M M N N W O Ot " t0 O m t0 r'I I17 t0 to O M d' M O to M N O 10 ri Ill N U1 N t0 CO M tp .•-1 d' N M ri T C r{ a) m C 7 C CO O a) x C a) O I.1 a) a A O O) 0 C9 13 •a G a) a) c A N a1 C 4) E U W N G04 > m 7 a W 1 I I ro a a 3 ro>>> 000wioma a a xw3toV)L) xx EXHIBIT I I I u 1 10 1 O n I t0 1 In II 1 1 + II I co I N II I U= I M II O I r II ri N II I 1 II I Ot 1 Ot II d' 1 a• II I t fl I M 1 d' II I O 1 Ot 11 14 1 o 11 r-1 N II 1 O 1 O 11 o° i C) I I II I d' 1 n II I n I Ot 11 I M I t` II 1 II O 1 O II ri N II 1 r•1 1 M II 1 00 1 0 1 ON II I I II I r 1 N Ln 11 11 I r- I In II I 0 1 I I1C1 r-I II m N4 N W m 0 a o . r-1 ro E-4 v O E M c cc i o 0 0 0 0 0 0 0 ii V of a) CC I / 400000000 II r4 I 1 via) 11 000 V OO MMOtO II Ot 1 ro > I II 1 C aa) 1 00 Ch 1 In U CO O II 1` I ro MM 1 OO r m v r- M H N Ot 11 d' 1 a0 ri C N of d' II n I 1 O I MM +1 OO I 1 000000000101 a) b 7 C C a) b W > a) m m > ra m x d •rl ro N U N c V4JV $4a y •rd $4 C a) U m 44 C c m O $$4 $4 O ° N u r74 04 a w1, C ar > a ro a m1m. 1 d+yA k u $4 c c 41 b C m ro- 4 () .,.1 O C .0 O •,.1 E a 04 r4 Z -1 U U Z V a O W rA ro 4 D C w c r.l ro 1.1 O H o m o-e O o o o m M O O N O O O O M w r- In m v M M O N O o d' N CO o O M d' 14 t- I. M N M M O M t0 N M O to V N M M N d' ri O O le O O O O O O M O r-I M O O O O O t0 o o M M r4 v H r- 14 0 U1 N 0 v N N 0 t- M O N O r•1 O M .-I m N ri rq M v N v M ri cr r-i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I- 0 O t0 N C v 1•1 r- 1-1 0 O 1` m o N N Ot tl M m to r 4 1` O M H to N t0 Ot 1f1 d' N d' M N M H M M M M M N N W O Ot " t0 O m t0 r'I I17 t0 to O M d' M O to M N O 10 ri Ill N U1 N t0 CO M tp .•-1 d' N M ri T C r{ a) m C 7 C CO O a) x C a) O I.1 a) a A O O) 0 C9 13 •a G a) a) c A N a1 C 4) E U W N G04 > m 7 a W 1 I I ro a a 3 ro>>> 000wioma a a xw3toV)L) xx EXHIBIT I I I u 1 10 1 O n I t0 1 In II 1 1 + II I co I N II I U= I M II O I r II ri N II I 1 II I Ot 1 Ot II d' 1 a• II I t fl I M 1 d' II I O 1 Ot 11 14 1 o 11 r-1 N II 1 O 1 O 11 o° i C) I I II I d' 1 n II I n I Ot 11 I M I t` II 1 II O 1 O II ri N II 1 r•1 1 M II 1 00 1 0 1 ON II I I II I r 1 N Ln 11 11 I r- I In II I 0 1 I I1C1 r-I II m N4 N W m 0 a o . r-1 ro E-4 v O E EXHIBIT I I I u 1 10 1 O n I t0 1 In II 1 1 + II I co I N II I U= I M II O I r II ri N II I 1 II I Ot 1 Ot II d' 1 a• II I t fl I M 1 d' II I O 1 Ot 11 14 1 o 11 r-1 N II 1 O 1 O 11 o° i C) I I II I d' 1 n II I n I Ot 11 I M I t` II 1 II O 1 O II ri N II 1 r•1 1 M II 1 00 1 0 1 ON II I I II I r 1 N Ln 11 11 I r- I In II I 0 1 I I1C1 r-I II m N4 N W m 0 a o . r-1 ro E-4 v O E EXHIBIT II N V V 1 1 I I II ON 4J () I O d O N tD 1 1 N M 1i O O to in M ri m to to O O I 0 1 to m O V' O O O O w 1 to II ON 0) IT 1 1-1 N M O tD N ON tD N O r-1 ON tD 00 ON N ri In V' M U) 0 0 1 ri I M O O N O O O O to 1 V' II1Vv1r- to O N N V V' r- 0 00 N 00 . i to D r- O O r- V' H N O 1 O% I co r- to to v M M co N 1 to II a) 0 1 _ 1 _ I - I 11 aY W I N 1-•4 M r- tD N r- n V' o N t- 00 r-1 ON M N O M 1-1 M V' O 1 O 1 0 m V N 00 tD O M V' 1 H 11 I O %D * N kD 1-1 t` ON tD V' r4 O to t` N to %D ri t` ON ON to O I 00 1 -i r- n M N M M to M I W II N N H M M M ri N V' M M V' to M d' M N ri 1 0 I tD N to O to V' N to M 1 tD II N I N V' 1-i N 11 H 1 N II 0 1 1 I II O 1) la I to N O tb 00 r d' M O% ei 00 00 d' to O w n V' ''4 O N O O I M 1 0 0 d' O O O O O O I r II m E I d1 0 O t` O e W to t` M tD O N O O W 0 0 to O N O 0 1 r- I M O r-1 to 0 0 0 0 0 1 tD II r-1 E 43 1 1--1 to to V' M to tb tT ri t0 r-I w w ri W N O O to W n r-1 O 1 to 1 w O m M M H sT r-1 t` 1 O 11 01 a 1 - 1 1 - I - If W x 1()N 11 N 00 r r- N to tD O 1` r- to tD to M co V' r-1 N r to O 1 1` 1 r-1 ON U) N O% V N N m I V' II W I co to O, to m r-1 to an O co r- to 1` ri '-+ 1-1 0 O t` to m O 1 m 1 r- M 0 to O 14 O M r-1 I ON If N r1 N M M ri O m N 1--1 O 11 N M M N 1--I 1 O 1 to N -i ri to V1 N C M 1 O II 1-1 M 1--1 O 1 M d' r-i ri 11 N 11 d W 1-1 1 1 1 1 II a) O O) I to M V' t` t- 1-'1 O tD M O M M r- V OD 0 M tD O w M 14 O 1 ON 1 OO ON OM OD tD V' O) CO O 1 O II 1t) 1 I r-1 to 00 00 r-1 to N t` N t` ri to r- O r- r r to O N V tD 1 to 1 M co V' V' V' ri r-I O 1 r II W tll m O 1 N 00 O V' N O r N M O t- M O O% m r- O` ri M V co V1 1 V' 1 r-1 00 r-1 t` ri r- r-1 O 1 m 11I _ I z a i 1 H H t- lV t0 Ln 1- tD V CO d' -4 d %D CO r4 tO t- N d 00 1- I to I tD M ri d %D V d' N I 40 11 W W O I d N t` N .•4 V' to 1` to t` M N V' ri to N N V' tD H I to 1 to V' r O tD D O N I tD 11 ri r-1 ri 1--1 d' 1-•I r-i to V r-I t0 r-4 1 to I N r-1 rn v, r 4 tD N 1 a 1-4 d I 1-4 N ° 11 a a 41 FC H 10 -P I I 1 I II p 1 OZ a) a) I O O M 000000 0 0 0 0 00 0 0 0 00000 I M 1 0 0 0 0 0 0 0 00 l m IIO) N Cr I O O ri 0 0 0 0 0 0 0 0 0 0 O O O to O O O O 0 0 1 V' 1 0 0 0 0 0 O O O O I V' II r m r-i - 4 'O I M d1 d1 M to to d' O to t- N V1 N O M to to to 0 O tD tD O 1 W 1 O 47% to t- N O V' r-1 t` -4 1 11 pa pC a) W 1 O r-1 O tD O 0 N v 1` 00 _I 00 co N M O O H ri r 1 r r-1 O 1 to I 00 V1 tD tD to V' N N rn I to 11 rn to a0 W rn O W to O M t` M N O N aD O to H O 1 tD I tb N V V H V O M 1-1 1 00 It 44 E'1 N r-1 N M M r-1 O V' N Cl) lb H N M M N M H 1 V I In N tD 01 <n N N V M I to II O H - 1 - II O 1 N M 1-•I O II N 11 It 4 a o r-1 ro 1 U >C ON ro >a 1 M N N r-1 N ri co O N O to to ON to 0,0 r•i V to h W tD O 1 N 1 0o O% W 00 V r tD tD O 1 V 11 W 0 O 4-1 1 M N N IT V M to ri to O V' 00 00 t` N Co tD ON r tD V tD I N 1 Ot r to OD N M N W 1 n II r4 V '0 1 CO W O0 N N O N N V tD t- Ot O r-I M ri t- W to 00 ri to i V1 i to M t- N Ot 0o N to I to 11 U GL 1 . _ . 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E E U ro to 4 tT ro 0) 14 U x C m 0) 1-1 a) 1 4 O• It 1 C ri U $4 4J 3: - o 43 C FaC rsLrt C 4 A o r+ m a) a C ro (d a m -.4 004 E -rWw w C +J W CO V m o U o a) U A a) a a) o w 3 m tom m U x x xoUUUwu, a a. H P, a w 4 a CITY OF PLYMOUTH 1991 1991 1992 1992 Actual Actual Tax Projected Projected Tax Levy Capacity Rate Levy Capacity Rate GENERAL PURPOSE LEVIES General Levy 7,809,914 13.36 7,809,914 13.51 Infrastructure 930,804 1.59 930,804 1.61 Forestry 228,500 39 228,500 40 Storm Sewer Tax Dists. 300,034 51 300,034 52 Total General Purpose 9,269,252 15.85 9,269,252 16.04 SPECIAL LEVIES Tax abatements and cancellations 0 0 200,483 35 1980 Park Bonds 73,636 1) 13 363,000 62 1980 Storm Sewer Bonds 44,000 08 44,000 08 1987 Fire Station Bonds 254,000 43 254,000 44 City Special Assessments 330,200 57 110,000 18 H.R.A. 347,000 59 361,558 62 Total Special Levies 1,048,836 1.80 1,333,041 2.31 TOTAL ALL LEVIES 10,318,088 17.65 10,602,293 18.35 LESS: HOMESTEAD & 1,440,077 2) 2.46 1,601,016 3) 2.77 AG CREDIT AID HACA) NET CITY TAX & RATE $8,878,011 15.19 $9,001,277 15.58 TAX CAPACITY VALUE $58,462,583 $57,794,000 1) General Fund Contributed $295,864 in 1991 for General Debt Service; this sum is available under levy limits for the 1992 budget. 2) The City's 1991 HACA payment is being reduced by approximately $360,000 from 1,440,077. 3) Current estimate provided by Minnesota Department of Revenue. Exhibit III 08/16/91 MEMO S-1) CITY OF PLYMDUTS 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 15, 1991, for Council Meeting of August 19, 1991 TO: James G. Willis, City Manager FROM: Laurie Rauenhorst, City Clerk SUBJECT: CITY COUNCIL DIRECTIVES Attached is a list of pending and completed 1991 Council Directives for City Council review. w w N F+ FA O1 N ro ro W W ,A N OD IjOD N r r FA T NFAI-A I-A; tpn o c ba r cp l ro h M o rr c rn r ct a . i cr r ny° N g Nffi - o • o o rt fhn 'C o It 5. o 5'• a • N• cr o M t Dr ii rt ° o M Q ° * Ia• atn tSK ffi Y to co OD OD rA r ". 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