Loading...
HomeMy WebLinkAboutPlanning Commission Packet 10-23-1991574 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: October 15, 1991 COMMISSION MEETING DATE: October 23, 1991 FILE NO.: 91074 PETITIONER: Ryan Construction Company REQUEST: Final Site Plan, Conditional Use Permit, and PUD Amendment for a food and fuel gas station with car wash LOCATION: Northwest corner of I -494 and County Road 9 GUIDE PLAN CLASS: CR -2 (Retail Shopping) ZONING: MPUD 89 -2 BACKGROUND: On November 6, 1989, the City Council, by Resolution 89 -689, approved an Amended MPUD Preliminary Plat /Plan and Conditional Use Permit to develop over 400,000 square feet of retail /commercial structures on a site of 52 acres, subject to 17 conditions of approval. On October 16, 1989, the City Council adopted Resolution 89 -649 finding a "no need" for an Environmental Impact Statement based on the review of the Environmental Assessment Worksheet. On July 30, 1990, the City Council, by Resolution 90 -430, approved a MPUD Preliminary Plan and Conditional Use Permit Amendment for a 28,000 square foot outdoor garden sales area; and, by Resolution 90 -431; a Final Site Plan for Bakers Square "; and, by Resolution 90 -432, a Final Site Plan for a multi - tenant retail shopping center on the east side of Vinewood Lane. On both October 9, 1990 and November 16, 1990 Administrative Approval letters were issued for minor MPUD Site Plan changes to the Target site. On March 18, 1991 an Administrative Approval letter was issued for minor MPUD Site Plan changes for the Target site. On May 21, 1991 the City Council, by Resolution 91 -276 approved a Mixed Planned Unit Development Conditional Use Permit Amendment to allow for a retail drug store use in place of a bank use on Lot 3, Block 1 "Rockford Road Plaza ". 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. 0 Page Two File 91074 PRIMARY ISSUES AND ANALYSIS: 1. The petitioner is requesting approval of a 5,750 square foot convenience store, gas station and car wash, (4,000 square feet of retail convenience store and 1,750 square feet in an attached car wash). This facility would have 5 pump islands. Each pump island could be accessed from both sides. 2. This use is a substitution for a Class II restaurant approved in the MPUD Plan, and therefore an amendment to the PUD Plan. A Conditional Use Permit is required for the gas station use and a second Conditional Use Permit is required for the car wash use. 3. The Site is located in the Bassett Creek Watershed District and contains no Shoreland or Floodplain Overlay Districts; no wetlands or woodlands; no slopes over 12 %; and, is designated by the Plymouth Physical Constraints Analysis to be suitable for urban development with Municipal Utilities. The site has been mass graded and no existing natural resource features remain that must addressed in site design. 4. The applicant has provided the 10 stacking spaces as required for the car wash facility, however, the spaces are provided in a double row. This type of layout has not previously been approved. 5. The required 30 stacking spaces for the gas pump islands has also been provided for in a non - traditional manner. Instead of a single line for six cars, the plan proposes 3 spaces per side of each pump island. 6. The petitioner has indicated that drying facilities will be required as part of each car wash. This is in response to City Engineer's concern for ice forming.on public streets as a result of cars leaving car wash during cold weather. 7. A traffic study was prepared Strgar Roscoe Fausch, Inc. to determine the impact of replacing the approved fast foot restaurant with the proposed convenient store. The study indicates that 1.4% of less traffic will be generated by a proposed convenience store use than would be generated by the previously approved fast food use. 8. The applicant proposes site design features inconsistent with the B -2 Zoning District standards that would apply to this site. A deviation from Zoning District dimensional standards proposed by this PUD plan amendment are as follows: a. Projection of the proposed canopy 4 feet into the required 35 foot rear yard setback and 10 feet into the required 35 foot side yard setback. b. A reduction from the parking requirements for the use to allow for 15 automobile spaces on the property versus the Zoning Ordinance requirement 49 spaces. Page Three File 91074 9. Parking calculations have been determined as follows: Zoning Ordinance Requirement Proposed Retail Parking 24 spaces 15 spaces Car Wash Parking 25 spaces 0 spaces TOTAL 49 spaces 15 spaces The proposed 15 automobile spaces represents only 31% of the required parking for this use. 10. Except with respect to the design variations noted above, the Site Plan presented complies with the minimum standards of the Zoning Ordinanceand other related City ordinances, policies and standards with respect to setbacks; internal stacking and circulation; signage (a single freestanding sign meeting Ordinance specifications and wall signage meeting Ordinance specifications); site illumination (none over .5 footcandles crossing property lines); there will not be any roof top equipment; and site engineering details (as conditioned by the City Engineer's memorandum); and landscaping. 11. The Zoning Ordinance directs the Planning Commission to consider a Conditional Use Permit including amendments in terms of the 6 criteria found in Section 9, Subdivision A, Paragraph 2.a. We have attached a copy of the referenced citation along with the applicant's narrative. 12. The Planning Commission must also consider this Conditional Use Permit Amendment in terms of the Planned Unit Development Ordinance Preliminary Plan and Plat criteria found in Section 9, Subdivision B, Paragraph 5.c of the Zoning Ordinance. We have attached a copy of this ordinance /citation. PLANNING STAFF COMMENTS: 1. During the Development Review Committee analysis of this request, the concept of a fast food use within the structure was suggested. The current proposal does not include any reference to a fast food use within this structure. 2. The trash /recycling area is proposed to be located within the car wash workroom. Access to the trash /recycling area must cross the double stacking aisle for the car wash. This design may result in difficulties in accessing the trash /recycling area when the car wash is in high demand. 3. The parking reduction proposed by the petitioner relates primarily to the 25 parking spaces required by the Zoning Ordinance for the car wash. The requirement for 25 parking spaces for a car wash does not appear to be related to this type of drive -thru car wash. The Zoning Ordinance requirement appears to be directed towards car wash designs that are not typically built today. The proposed Conditional Use Permit resolution for the car wash contains a condition that if parking becomes a problem that the CUP will be subject to revocation. Page Four File 91074 4. Excluding the 25 spaces required for the car wash, the petitioner is requesting a reduction of 9 spaces for the retail use. Since this site is part of a larger shopping center project, staff finds that the parking reduction should not be a problem. 5. The stacking for the car wash meets the numeric requirement of the Zoning Ordinance, however, the layout is not "normal" for Plymouth. Double loaded aisles for a single bay car wash have not been proposed or approved previously in Plymouth. Although the proposal includes traffic control lights, staff is concerned with the actual operation of the facility. Many customers may not be familiar with the double aisle resulting in a single lane of cars backing into the gas pump island area. The internal circulation on site would then be disrupted. 6. Staff has prepared a separate resolution for the car wash Conditional Use Permit with specific conditions requiring that all stacking be maintained on site and not cross onto the the adjacent property or into City right - of -way. If violations of the resolution occur, the CUP for the car wash would be subject to revocation. 7. The Conditional Use Permit Site Plan and PUD Amendment application is responsive to the six standards required to be demonstrated for any Conditional Use Permit. 8. The acceptability of the proposed reduced canopy setback is consistent with the Planned Unit Development criteria and the intent of this particular Planned Unit Development. The reduced setbacks will not be noticable to the general public. 9. The site is within a Planned Unit Development which provides for more flexibility than a traditionally zoned district. Staff finds that within the context of this Planned Unit Development, the proposal is consistent with both the standard Planned Unit Development Criteria and the intent of this particular Planned Unit Development. RECOMMENDATION: I hereby recommend adoption of the attached resolution approving the Final Site Plan, Condition 4,1 Use Permit, and PUD Amendment, subject to the conditions in the res on. ' DSubmittedby: C ar e P0M2rudq, Con— MMTniQty Deve opment Coor inator ATTACHMENTS: 1. Resolution Approving Final Site Plan, Conditional Use Permit for Gas Station and PUD Amendment 2. Resolution Approving a Conditional Use Permit for a Car Wash 3. Engineer's Memo 4. Applicant's Narrative 5. Conditional Use Permit Criteria 6. PUD Amendment Criteria 7. Location Map 8. Site Plan (pc /jk /91074:jw) APPROVING MPUD FINAL SITE PLAN, CONDITIONAL USE PERMIT AND PUD AMENDMENT FOR A CONVENIENCE STORE, GAS STATION LOCATED IN ROCKFORD ROAD PLAZA (91074) WHEREAS, Ryan Construction Company has requested approval for an MPUD Final Site Plan, Conditional Use Permit for a gas station and PUD Amendment for a convenience store and gas station on Lot 2, Block 1, Rockford Road Plaza Addition located at the northwest corner of Vinewood Lane and County Road 9; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Ryan Construction Company for an MPUD Final Site Plan, Conditional Use Permit and PUD Amendment for a convenience store and gas station on Lot 2, Block 1, Rockford Road Plaza Addition located at the northwest corner of Vinewood Lane and County Road 9, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of building permit issuance. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements within one year from the date of this resolution. 5. Any signage shall be in compliance with the approved Site Plan. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the structure, and no outside storage is permitted. 9. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release of any site improvement financial guarantee per City Policy. 10. Cross easements for driveway access covering Lots 1, 2, and 3, Block 1, Rockford Road Plaza Addition shall be submitted by the petitioner; approved by the City Attorney and recorded on the titles of all three parcels prior to issuance of a Building Permit. File 91074 Page Two 11. Compliance with all standards of City Code, Ordinance and Policy Resolutions and submission of all items required on an amended Site Plan prior to issuance of a Building Permit. 12. An easement for access to the fire hydrant located on Lot 3, Block 1, Rockford Road Plaza from Lot 2, Block 1, Rockford Road Plaza shall be submitted by the petitioner; approved by the City Attorney and recorded on the title of the property prior to issuance of a building permit. 13. The approved PUD Plan Amendment includes the following adjustments to Zoning Ordinance dimensional standards on this lot only: a. Projection of the proposed canopy 4 feet into the required 35 foot rear yard setback and 10 feet into the required 35 foot side yard setback. b. A reduction from the parking requirements for the use to allow for 15 automobile spaces on the property versus the Zoning Ordinance requirement 49 spaces. res /pc/91074) APPROVING CONDITIONAL USE PERMIT FOR A CAR WASH LOCATED IN ROCKFORD ROAD PLAZA 91074) WHEREAS, Ryan Construction Company has requested approval for a Conditional Use Permit for a car wash for property located on Lot 2, Block 1, Rockford Road Plaza Addition located at the northwest corner of Vinewood 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 should and hereby does approve the request by for a Conditional Use Permit for a car wash for property located on Lot 2, Block 1, Rockford Road Plaza Addition located at the northwest corner of Vinewood Lane and County Road 9; subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 2. The site shall be maintained in a sanitary manner. 3. All waste and waste containers shall be stored within approved designated areas. 4. The permit shall be reviewed annually to assure compliance with the conditions. 5. All stacking for this car wash use must be contained totally on this site and shall not cross the lot lines onto either the adjacent lots or into City right -of -way. 6. Mechanical drying of cars shall be mandatory to prevent icing conditions on site and on the public street. res /pc /91074.cup) City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: October 16, 1991 FILE NO.: 91074 PETITIONER: Bill McHale, Ryan Construction Company, 900 2nd Avenue South, #700, Minneapolis, MN 55402 SITE PLAN: BETTGER'S SERVICE PLAZA LOCATION: North of County Road 9, west of Vinewood Lane in the east 1/2 of Section 15. ASSESSMENT RECORDS: N/A Yes No 1. _ x Watermain area assessments have been levied based on proposed use. 2. _ X _ Sanitary sewer area assessments have been levied based on proposed use. 3. _ X _ SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 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: The estimated assessment for Project 948 is S33.681.71. LEGALIEASEMENTS /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 (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 8. _X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. JL _ _ All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. N/A Yes No 10. X _ _ All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR X 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. If Bettger's Service Plaza is constructed prior to Walgreen's. the hydrant in the northwest corner of the Walgreen site shall be constructed by Bettgers. 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. _ _ JL 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. _ _2__ _ Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ _ X Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100X crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 1002 crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. A fire lane detail shall be used for all the parking and drive isles where a separate detail shall be provided showing a 7 -ton design for all drive isles and 5 -ton for parking stalls only. N/A Yes No 24. _ X _ It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ _ The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. _ _ X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Ites Nos, 12. 14, 18. 23 and Special Conditions. 5- 27. A. Cross easements will be required for the shared driveway, watermain and storm sewer. B. The site access at the northwest corner creates a potentially hazardous condition of conflict between westbound left turning vehicles and vechiles exiting the Target Greatland site. This condition will be monitored and if its determined that hazard exists, directional and /or warning signage will be required. Submitted by: Daniel L. Faulkner, P. E. City Engineer 6- t7/v7If BETTGERS SERVICE PLAZA FINAL SITE PLAN, PUD AMENDMENT & CONDITIONAL USE PERMIT FOR A FOOD & FUEL GAS STATION WITH CAR WASH 91074) TD . OCT D 1991 CONSULTING PLANNER5 '^ LANDSCAPE ARCHITECTS Mq FIRST AVENUE NORTH SUITE 210 Cf ; MINNEAPOLIS, MN S-1 L. 613.1.19.3300 10/4/91 CONSULTI^:G PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 4INNEAPOLIS, ;v''IN 55401 612.33933O(1 4 October 1991 Mr. Charles Dillerud City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 RE: Rockford Road Plaza, Lot 3, Block 1 Bettger, Inc. Dear Mr. Dillerud: In response to your review of Bettger's Service Plaza dated September 25, 1991, we have revised the plans and submitted additional detail responding to all of your concerns as follows: 1. Curb details have been added to the site plan. 2. The Optiona and Lease Agreement (OEA), recorded document no. 5857803 and 2090515 as amended August 6, 1991 with Hennepin County and on file with the City of Plymouth, provides for cross access for the shared driveway. The OEA governs the entire PUD. The applicable section of the OEA is Article 2. 3. The northeasterly most parking space on the site has been removed to adhere to the 20 foot parking setback along the north edge of the property. The last stall has been widened to serve as a handicap parking space. 4. The plan now labels the car drying facility within the car wash. All vehicles will be blown dry in the drying portion of the car wash. 5. Handicap ramps of appropriate design are included on the site plan along with specific handicap parking signage. 6. Enclosed are the appropriate notes, addressing the underground fuel tanks, as required by the City of Plymouth. 7. A fire hydrant is located on the Walgreen site in a parking island adjacent to the Bettger property. This is shown on the plan and the new hydrant has been adjusted to conform with the 150 foot distance requirement of the City. Access to the hydrant is included as part of the Operation and Easement Agreement referred tp in point no. 2 above. More specific easements regarding the fire hydrant and the storm water utility will be provided. 8. Enclosed is a separate letter and calculations, which demonstrate that the fire hydrants would be capable of 1,250 gallons per minute. 9. The two -inch domestic water line branching from the eight -inch service main is noted on the plan inside of the building. 10. All fire lane signage is located on the plan per requirements of the City. 11. Post indicator valve is indicated on the plan, protruding up from the ground about four feet, located directly above the eight - inch service main in the landscaped island on the north side of the property. 12. The site plan has been adjusted to provide a 24 -foot wide drive aisle on the east side of the building and a 15 -foot, one -way drive aisle along the north side of the building. Appropriate signage has been noted on the plan, designed to control traffic flow. The arrangement of the entrances and exits and the slanting direction of the pumps feeds the primary one -way flow onto the northern edge of the property. There will be a logical tendency for visitors to the site to comply with the directional aspect of the northern driveway. 13. Compact parking on the north side of the building has been removed and replaced with two handicap parking stalls located in a parallel position along side of the sidewalk. A twenty- foot fire lane is located throughout the site concurrent with the drive lanes. The fire lane narrows technically to 15 feet in those areas where cars may be situated for service at the most northern pump, thus creating a 15 foot fire lane under those temporary conditions. 14. Within the PUD we are requesting flexibility with the aesthetics of the development on this site and its building structure as it relates to setbacks. On the back side of the building we are requesting flexibility to intrude five feet into the setback. The ordinance allows for 4- 1/2 foot protrusion of the canopy into the front yard setback but we feel in this case it is more appropriate creating an overall facade to the building to request that the rear yard setback be allowed this flexibility. 15. We are requesting the approval of a double - loaded stacking area servicing the car wash. The area is beyond the driveway portion of the site and is protected by an island extending out from the car wash entrance. An automatic alternating signal will be located on the island facing the double row of waiting cars. This will operate similar to the alternating lanes on interstate ramps. See the plan drawings for detail. 16. The sign has been adjusted to City requirements and the sign area of 96 square feet has been noted on the plan. 17. The labeling of use areas within the convenience store has been corrected. Twenty-five parking stalls are located on the site for the convenience store operation and 11 cars can be stacked for the car wash. The site can also easily accommodate 20 additional cars in their waiting position at the pump islands. As parking count relates to code, we respectfully request flexibility as provided under the PUD to account for our actual parking vs. code requirements. 18. The labeling within the convenience store was in error and should have been labeled as vending" versus "fast food ". The convenience store operates a all typical convenience stores with vending machines and convenience goods. The staging area in the convenience store is where deliveries are received, including prepared foods which are then loaded into various vending machines and coolers. We beleive these corrections, changes and clarifications have made the project better. We continue to strive for a high quality project that fits within the overall surrounding commercial area that has developed within the Rockford Road Plaza PUD. Sincerely, DAHLGREN,SHARDL /OW, AND UBAN, INC. C C. John Uban, ASIA President Enclosure BETTGER, INC. 18315 Ridgewood Road Minnetonka, MN 55345 October 3, 1991 Charles C. Dillerud City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Subject: Pressure Drop Calculations for Additional Fire Hydrant Dear Mr. Dillerud: The following information is submitted in response to Item 8 in your letter to William McHale, Ryan Construction, dated September 25, 1991, regarding Bettger's Service Plaza. A new fire hydrant is planned and is shown on the revised Site Plan approximately 90 feet west of the existing fire hydrant at the north property line. Calculations demonstrate the capability of the new hydrant to release greater than 1500 GPM at residual hydrant pressures of greater than 20 PSIG, thus meeting the City of Plymouth requirements. The calculations are summarized below: TEST RESULTS: Test Data was supplied by the City of Plymouth Public Works Department from a test performed by Viking Automatic Sprinkler 11- 21 -90, to verify flows and pressures for the Target Store sprinkler system (Copy Attached). The fire hydrant at the northeast corner of the store was opened and the flow measured to be 2418 GPM. Static pressure of 78 PSIG was measured at another, upstream hydrant before the flow -test hydrant was opened, and then during the flow test, residual pressure of 70 PSIG was measured at this upstream hydrant. The static pressure reading of 78 PSIG will be taken as the system pressure in the Rockford Road Plaza development. It is understood that weather conditions, time of day, and other factors may alter this system pressure somewhat. PRESSURE LOSS CALCULATIONS: Assume: Total flow comes from 24" main under Rockford Road Static pressure in 24" main under Rockford Road = 78 PSIG Water main pipe size under Vinewood Lane = 8" Flow rate at new fire hydrant located farthest from Vinewood = 1500 GPM Length of 8" pipe from Rockford Road to 8 X 8 X. 6 tee = 600 feet Length of 6: pipe from 8 X 8 X 6 tee to fire hydrant = 220 feet Pressure drop for used 8" ductile iron pipe @ 1500 GPM = 2.74 PSIG /100 feet Pressure drop for used 6" ductile iron pipe @ 1500 GPM = 11.11 PSIG /100 feet Estimated pressure drop in 8" line (600/100 X 2.74) = 16.44 PSIG Estimated pressure drop in 6" line (220/100 X 11.11) = 24.44 PSIG Total pressure drop (16.44 + 24.44) = 40.88 PSIG Total residual pressure at the flowing hydrant (78 - 41) = 37 PSIG The actual residual pressure measured at the flowing hydrant should be higher than 37 PSIG because some of the flow would come from the north. Please let me know if there are any further questions. Sincerely, Ken Bettger, PE License No. 14242 cc: V. Driessen - Ryan Construction R. Rietow - BTR J. Uban - DSU s z lil fS i.111 ;0 DI v • • . PBM SF MCK 91 S - ANION A 2. $rte. 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 development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will pranote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the inmediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. fonns:o >pl /cup.stnd /s) 10/89 G 0 PLYMOUTH ZONING ORDINANCE P.U.D. CRITERIA The Planning Commission, after holding the public hearing, shall make its recommendations to the City Council for approval; approval with conditions; or denial of the Conditional Use Permit for a P.U.D., preliminary plat and rezoning if considered. The Planning Commission shall forward to the City Council its recommendations based on and including, but not limited to the following: 1) Compatibility with the stated purposes and intent of the Planned Unit Development. 2) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the City's Comprehensive Plan and to other provisions of the Zoning Ordinance. 3) Internal organization and adequacy of various uses or densities; circulation and parking facilities; recreation areas and open spaces. conventions:pl /jk /pud) Y slof !r I LvkR-VJJV Iwo h R 1 l:- r k t• w rncovao, m,rz /,moo ,1,o wa. / noeewl ;o++ rc - nmmoc s..rz /,.ao n..SON / ^°s»` „+o IC r,rzorna` ec lrz /.ao ncwsw / noeon snow ,re 4 f; 'iild]Oi'11tZc1. _ 5 f ° varVZV-w avo-d QPIOdND(M .... Q NVid 311S r06 a. w,n,a, „oaor/ r,o sod ow/ xa, ,o o,a,+ a w,n r ++r'or /.1oN.o,u or,/ suo , >O, •° um +,aaor / wo+,o•u ow / z+'m°'°uzsw ' I I it off it fill, ji 11, i i 1-1 i l t ill 1'il i t ` 1 Ill i ii li' ' it i6 ill, Ili ii iii T i op if ijiI. iiil i it it jjl;li t e s i i o mmm7m MWI Ili i , iii ij? 1 ilii jl i t Its ,l+ att , jtliElii i it ii t i iii ' i j il' i ist 1111! 1' !' E I!' =i t, " it I Ill•l f! l jl ! 9r.. il, ; , I'j Il- If '' ii!! 1iliill)-. I! i ! ii T i iii !, iI i f if ! i ri ! ii ' it. if e ! p i :t i E hill ai', i l :t li8 J) E hill ila tl,E 5- 8. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: October 15, 1991 COMMISSION MEETING DATE: October 23, 1991 FILE NO.: 91083 PETITIONER: Ryan and Ronald Maiers REQUEST: Conditional Use Permit for a Class II Restaurant in the Four Seasons Mall LOCATION: Lancaster Lane at Pilgrim Lane GUIDE PLAN CLASS: CR -2 (Retail Shopping) ZONING: B -2 (Shopping Center Business District) BACKGROUND: On October 5, 1976, the City Council, by Resolution 76 -583, approved a Site Plan for a 145,310 square foot enclosed mall. On April 21, 1980, the City Council, by Resolution 80 -278, approved a Conditional Use Permit for a 120 seat restaurant, currently known as Golden China Restaurant. On December 19, 1983, the City Council, by Resolution 83 -679, approved a Conditional Use Permit for a 60 seat restaurant currently, known as Marcello's Pizza. Notice of this Public Hearing has been published in the Official City Newspaper and all property owners within 500 feet have been notified. In addition, a development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes to utilize a 462 square foot space within the Four Seasons Mall for a carryout deli restaurant. The facility would contain 3 tables with 6 seats, and a stand -up counter. Approximately 48 square feet of counter service area would be provided. 2. The carryout function proposed results in the classification of the proposed restaurant as a "Class II ". Class II restaurants are allowed only by a Conditional Use Permit in the B -2 Zoning District. 3. Section 9, Subdivision A, Paragraph 2, of the Zoning Ordinance provides 6 standards that the Planning Commission is required to considered in its review and recommendation to the City Council on any Conditional Use Permit. A copy of those 6 standards is attached to this staff report together with the applicant's narrative response to the 6 standards. r Page Two File 91083 4. The restaurant use will generate the requirement of 5 offstreet parking spaces based on a formula of 1 offstreet parking space for each 2.5 seats, plus 1 offstreet parking space for each 15 square feet of service counter area. The same 462 square foot area as retail use will generate the need for 3 parking spaces based on the formula 6 spaces per 1,000 square feet of floor area. Therefore, the proposed Conditional Use Permit will generate an offstreet parking need of 2 spaces in excess of the offstreet parking designated for retail uses in this space. 5. Four Seasons Mall is also the location of a Park and Ride facility. A total of 20 parking spaces are currently set aside for this use, although as many as 40 spaces are typically used for the Park and Ride facility. PLANNING STAFF COMMENTS: 1. We find that the proposed restaurant use responds affirmatively to the 6 standards specified by the Zoning Ordinance for all Conditional Use Permits. 2. The Site Plan submitted by the applicant shows that 806 parking spaces are currently provided for the shopping center. Based on the square footage of retail, the 2 existing Class II restaurants; the 20 spaces set aside for the Park and Ride, and the 1 spaces for the proposed restaurant, 932 parking spaces are required for this center per the Zoning Ordinance formulas. 3. While it would appear that the shopping center is currently underparked for the uses permitted in this center, the number of spaces required for this proposed use (2 additional spaces beyond the retail requirement) is not significant in the overall number of parking spaces. In addition, we have no reports of any parking problems at the center. RECOMMENDATION: I recommend approval of the Conditional Use Permit for a Class II restaurant in the Four Seasons Mall subject to the conditions contained in the attached resolution of approval. Submitted by: ATTACHMENTS: 1. Draft Resolution Approving Conditional Use Permit 2. Conditional Use Permit Standards /Criteria 3. Location Map 4. Site Plan pc /jk /91083:jw) APPROVING A CONDITIONAL USE PERMIT FOR A CLASS II RESTAURANT FOR RYAN AND RONALD MAIERS TO BE LOCATED IN THE FOUR SEASONS MALL SHOPPING CENTER AT LANCASTER AND PILGRIM LANE (91083) WHEREAS, Ryan and Ronald Maiers have requested a Conditional Use Permit for a Class II Restaurant to be located in the Four Seasons Mall Shopping Center; 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 for Ryan and Ronald Maiers, 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 Ryan and Ronald Maiers as operators of the facility 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 as diagrammed on the plans dated . 5. Any signage shall conform with the City Ordinance standards. 6. There shall be no outside display, sales, or storage of merchandise or related materials. res /pc/91083) iF04 S'DMCN 9, SLIEDIMICN A 2. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Cammi.ssion for purposes of evaluation against the standards of this section, Public Hearing, and development of a recannenriation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the Camprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will pramnte 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 imprnvemment 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 lWar 10.11 s, t' All 4 I tr r UM uuut.. i I IEXHIBIT J F' i II kU- t'1A,,RK CL8AN EK5 flL K'1YZO)t Z&-d' -e 39'- d —(3Z) ICY Id-o') -t1t5) 967- SCR. Ft. 05 SQ. Ft. CA rLSON TKAAV E 1. lk 4 520 SO.F -f S3 7ieA4 0 r ZL55•F I 15(.0 o . rf • 0 5445. f yZZ-O" II'-U'x 39'-0" 39 S Sq.F.T . 448 so. 601 -KJ #`A W311 f:EPRC 1OhJ NAJr, SALON r39'" l 0 kU- t'1A,,RK CL8AN EK5 flL K'1YZO)t Z&-d' -e 39'- d —(3Z) ICY Id-o') -t1t5) 967- SCR. Ft. 05 SQ. Ft. CA rLSON TKAAV E 1. lk 4 520 SO.F -f S3 r b. A• CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: October 15, 1991 COMMISSION MEETING DATE: October 23, 1991 FILE NO.: 91088 PETITIONER: AmeriData, Inc. REQUEST: Site Plan Amendment to add 41 parking stalls LOCATION: 10200 -51st Avenue North GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I -1 (Planned Industrial District) BACKGROUND: On March 2, 1987, the City Council, by Resolution 87 -144, approved a Site Plan for a 48,420 square foot industrial building. On August 3, 1987, the City Council, by Resolution 87 -511, approved a Conditional Use Permit for the Plymouth Learning Center which occupied 2,000 square feet of the 48,420 square foot structure. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes to amend the Site Plan for AmeriData by adding 41 parking spaces along the front of the building. 2. The applicant has indicated that the additional parking is needed for employees and customers. 3. The parking requirement, based on 100% manufacturing use of this building, is 138 spaces. The number of spaces required based on the actual use of the structure is 123 parking spaces. Currently, the site has 148 spaces, the 41 additional spaces will increase the total on site parking to 189. PLANNING STAFF COMMENTS: 1. The parking proposed is in an area shown on the original Site Plan as future parking ". In addition, the original development of this property included the placement of a berm along the western edge of the property to provide screening of the parking. This berm will provide the same level of screening for the new parking area as was provided for the current parking area. 2. The Site Plan Amendment is in compliance with all City Ordinances, Policies, Codes and Standards for development within the I -1 Zoning District. see next page) 14 Page Two File 91088 RECOMMENDATION: I recommend adoption of the attached resolution providing for the approval of an amended Site Plan for AmeriData, Inc. adding for the addition of 41 additional parking spTs reques ed Submitted by: 10.3 C arles . DilleFud,-CdMrffnity Development Coordinator ATTACHMENTS: 1. Resolution Approving Amended Site Plan 2. Engineer's Memo 3. Applicant's Narrative 4. Location Map 5. Site Plan pc /jk /91088:jw) APPROVING AMENDED SITE PLAN FOR JAMES K. MCCLEARY FOR AMERIDATA, INC. (91088) WHEREAS, James K. McCleary has requested approval for an Amended Site Plan for the property located at 10200 51st Avenue North; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by James K. McCleary for an Amended Site Plan for property located at 10200 51st Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of the required Financial Guarantee Site Performance Agreement for completion of site improvements within 12 months from the date of this resolution. 3. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 4. The Site Plan amendment is to construct 41 additional parking spaces along the south side of the existing parking lot. res /pc /91088.sp) City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 16, 1991 FILE NO.: 91088 PETITIONER: Mr. James K. McCleary, AmeriData Inc., 10200 51st Avenue North SITE PLAN: ADDITIONAL PARKING - AMERIDATA INC. LOCATION: North of 51st Avenue, west of Nathan Lane in the northeast 1/4 of Section 12. 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. i N/A Yes No 7. — X — Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 8. X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. X _ _ All standard utility easements required for construction are provided The following easements will be required for construction of utilities. N/A Yes No 10. X _ _ All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X _ _ The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. $ _ _ All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ 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. Y:_ _ _ 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- i N/A Yes No 17. __X_ _ _ Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. 18. X _ _ Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X _ _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and N/A Yes No 20. _ X _ All existing street right -of -ways are required width - Additional right -of -way will be required on 21. _ _X_ _ Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ X _ Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100X crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 1002 crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. N/A Yes No 24. _ X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ X _ The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. X _ _ The site plan complies with the City of Plymouth's current Engineering Standards Manual. 5- Submitted by:-Y'r Daniel L. Faulkner. P. E. City Engineer 6- Corporate Headquarters 12- 557 -2500 10200 51st Avenue North 800- US -DAT4S (Toll -free) Minneapolis, MN 55442 612 - 557 -6946 (Fax) AmeriData October 4, 1991 ii • ? ter ^.. Mr. John Keho City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 r Re: Application For Parking Lot Expansion Dear John: Please accept this letter as a response to the question raised regarding our request for a parking lot expansion. We do not feel that this additional parking changes the existing conditions enough to justify any additional "screening ". The current parking lot lighting is adequate and, therefore, we are not proposing to add parking lot lighting. I have instructed Rehder - Wenzel to send you a letter which addresses the storm drainage questions. I hope this adequately responds to your questions. We are anxious to begin our parking lot soon to assure its completion this construction season. We will appreciate anything you can do to help. Please reference a facsimile you received from Mr. John Krausert, Rehder & Associates dated today, October 4, 1991: Jame. ! McCleary Chief Executive Officer AmeriData, Inc. An employee -mvned company An equal opportunity employer 0I fA O IL ':::: TA FAA lob If 100, 10t: lu r..'. I- T— s IJe ia• Z 1 i 1 y M114x1 e g L N H Q i m Z ti 5 ZC Y O J J N . I d f _ S - I all ilTl t 11A 3'3'311.1i17.. C da a ve4- Kam•. 1 e r i 3;U EDr 34r 1- :fill I, L yZy?° .I IR Kv1 -Iasi r C ZC Y O J J N . I d f _ S - I all ilTl t 11A 3'3'311.1i17.. C da a ve4- Kam•. 1 e r Z L Z V) co J C " i i 3 °' ' I I Iillll 4 c;. ein h .Q t o m 3 z i YO YS e3 !F - Eti t S in C E 16 } if E s5 3s_ F !)HE ifisss _ !?aea= 1 131- ERA =b 6 °P ia_E ?2: 24-2„!5_: in Eg t, YY 0o z ¢" xEaFp W € } s z r — — — -- — - - -- II I r IIII :Q I i 1 L - - - rl — I -'s 13 e zs a, iL HP fj 181 1 A 1 -61 11:1; W lill Al— .1;!11 iU :idles 41.2 b• B• CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: October 15, 1991 COMMISSION MEETING DATE: October 23, 1991 FILE NO.: 91089 PETITIONER: Jesse Priem REQUEST: Lot Division and Variance for Carlson Center 3rd Addition LOCATION: 13605 -5th Avenue North GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential) ZONING: R -2 (Low Density Multiple Residence) BACKGROUND: On March 2, 1981, the City Council, by Resolution 81 -143 approved a Preliminary Plat and General Development Plan for the "Carlson Center Annex" for the platting and general planning of this entire area. Subsequently on April 20, 1981, the City Council approved a revised Preliminary Plat and General Development Plan for this area. On June 17, 1985, the City Council, by Resolution 85 -424, approved a Final Plat and Development Contract for the Carlson Center 3rd Addition. That Final Plat incorporated this lot. Rezoning of this lot to R -2 was accomplished concurrent with the Final Plat action. On May 1, 1989, the City Council, by Resolution 89 -240, approved a blanket Conditional Use Permit to allow the construction of two family dwellings on 14 lots within this subdivision. On December 10, 1990, the City Council, by Resolution 90 -755, approved a General Development Plan Amendment and Conditional Use Permit for the conversion of an existing single family unit into a two - family unit located . within the Carlson Center 3rd Addition. Notice of this Public Hearing has been published in the Official City Newspaper and all property owners within 100 feet have been notified. PRIMARY ISSUES AND ANALYSIS: 1. The applicant proposes a division of an existing 23,258 square foot parcel into two lots of 9,311 square feet and 13,947 square feet. A duplex structure is now under construction on this parcel. The lot division would create a property line at the "party wall" thereby allowing the owner to sell each half of the duplex. 2. The primary issue with this lot division is the request for a variance from the lot width requirement of 50 feet. The petitioner's request would result in an 8.64 foot variance to allow for a 41.36 foot lot width at the front lot line. Page Two File 91089 3. Section 500.37 of the City Code "the Subdivision Ordinance" permits the division and consolidation of lots which are part of a recorded plat to be approved by the City Council without preparation of a formal Final Plat. A recommendation of the Planning Commission regarding such lot consolidation /division is required when a variance from City standards is requested. 4. The Subdivision Ordinance provides for three criteria to be found by the Planning Commission and City Council before any Subdivision Ordinance variance may be granted. A copy of those three criteria and the applicant's response is attached to this staff report. PLANNING STAFF COMMENTS: 1. The lot division /consolidation proposed is consistent with the standards of Section 500.37 of the City Code regarding the division and consolidation of plat and lots. 2. There have been several previous lot divisions involving duplex structures approved in this subdivision. The lot immediately on the west received City Council approval of a lot Division on July 22, 1991. 3. A unique situation exists with this lot in that a 50 foot building setback is required along County Road 61. This setback restricts the placement of the structure on this lot to the west -half of the lot area, and approximately one -half of the lot is unbuildable. 4. We find the requested variance complies with the Subdivision Ordinance Variance Criteria. RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for the approval of the lot division; a resolution Setting Conditions prior to recording on the lot division; and, granting Subdivision Ordinance Variance as requested. Submitted by: rtes t. uiiierua, commaTn ty ueveiopment coorainator ATTACHMENTS: 1. Resolution Approving Lot Division 2. Resolution Setting Conditions and granting Subdivision Ordinance Variance 3. Subdivision Ordinance Variance Criteria 4. Petitioner's Narrative 5. Location Map 6. Site Graphics pc /jk /91089:jw) APPROVING LOT DIVISION FOR PRIEM HOMES INC. (91089) WHEREAS, Jesse Priem has requested approval for a lot division for the creation of two lots located at 13605 5th Avenue North; 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 for Jesse Priem for property located at 13605 5th Avenue North. Lot 1, Block 4, Carlson Center 3rd Addition to be divided as follows: PARCEL A (9,311 Square Feet) That part of Lot 1, Block 4, Carlson Center Third Addition described as follows: Beginning at a point on the northerly line of said Lot 1, distant 41.36 feet easterly along said northerly line from the most northerly corner of said Lot 1; thence South 11 degrees 48 minutes 35 seconds West a distance of 120.00 feet; thence South 72 degrees 23 minutes 06 seconds East a distance of 69.29 feet to the easterly line of said Lot 1; thence northeasterly along said easterly line a distance of 119.55 feet to the most easterly corner of said Lot 1; thence northwesterly along said northerly line a distance of 86.39 feet to the point of beginning. According to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. For the purpose of this description, the westerly line of said Lot 1 is assumed to bear North 6 degrees 36 minutes 58 seconds East. PARCEL B (13,947 Square Feet) All of Lot 1, Block 4, Carlson Center Third Addition, except that part described as follows: Beginning at a point on the northerly line of said Lot 1, distant 41.36 feet easterly along said northerly line from the most northerly corner of said Lot 1; thence South 11 degrees 48 minutes 35 seconds West a distance of 120.00 feet; thence South 72 degrees 23 minutes 06 seconds East a distance of 69.29 feet to the easterly line of said Lot 1; thence northeasterly along said easterly line a distance of 119.55 feet to the most easterly corner of said Lot 1; thence northwesterly along said northerly line a distance of 86.39 feet to the point of beginning. 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 /91089.1d) SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION /CONSOLIDATION AND APPROVING A SUBDIVISION VARIANCE FOR JESSE PRIEM 91089) WHEREAS, the City Council has approved a Lot Division for Jesse Priem for the creation of two lots in the Carlson Center Third Addition located at 13605 -5th Avenue North; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve a Subdivision Ordinance Variance, and 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. Submittal of all necessary utility easements for approval by the City prior to filing this action with Hennepin County; and, filing of the easements concurrent with filing this action. 3. A variance is granted for a 41.36 lot width for Parcel B, based on the request meeting the variance criteria. res /pc /91089.sc) 1. General Qpncit icans . 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 deans necessary or desirable in the public interest. In making its findings, as required below, the Commission shall consider the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds: a. That there are special circumstances or conditions affecting the specific property such that the strict application of the provisions of this Section would deprive the applicant of the reasonable use of the land. b. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. c. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The Commission findings in granting or denying a variance shall be in writing and filed with the City Clerk. 2. application Required. Applications for any variance under this Subsection shall be submitted in writing by the owner or subdivider at the time the preliminary plat is filed for consideration by the Planning Commission, and shall state all facts relied upon by the applicant, and shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan for the Proposed project. forms:o>pl /sub.stnd /s) 10/69 Priem Homes, Inc. 11935 44th Avenue N. Plymouth, MN 55442 October 1, 1991 City of Plymouth: 91080 Priem Homes, Inc. would like to request a variance for the property located at 13607 5th Avenue North, Plymouth, Minnesota. The variance request would be to allow a 41.36 foot width on the lot frontage instead of the required 50 feet. In requesting the variance, I would like to respond to the variance standards ihdicated by the City of Plymouth and how it relates to my request. 1. The property lies adjacent to County Road 61 in Plymouth. Because of the required side setback off Co. Rd. 61 of 50 ft instead of the usual 35 ft, the location of the home could not be moved closer to Co. Rd. 61. When the property is split, the west half of the unit would become less than the required 50 feet. The dwelling could not have been built any closer to Co. Rd. 61 to acquire the needed footage of 50 feet. 2. I think this request is unique only to this property and not others in the area. This is the last lot in the area which is adjacent to Co. Rd. 61 which would have difficulty in meeting the required minimum of a 50 foot frontage. 3. The purpose of this variation is not for increasing the value of thaparcel of land. It would simply allow the lot division as had been done on the two other adjacent lots. 4. The difficulty to achieve the 50 foot front yard has not been created by any persons having interest in this parcel of land. The difficulty is only because of the required minimum lot width of 50 feet. . Page Ea City of Plymouth October 1, 1991 5. Xlcan see no detrimental effects to anyone in the area, to the public, or anyone else in the neighborhood.- The lot, if it were not next to a county road, would achieve the minimum 50 foot frontage without any problems and would not require a variance. 6. This variation, if allowed, would not change light supply or air to adjacent properties. The problem of congestion would not change regardless ofthis variance being issued. The public safety problem would be no different than if this variance was issued. The property value within the neighborhood should not change one bit. Most people diiving by the residence would hardly notice a front yard which is less than nine feet short of the required minimum. In the previous paragraphs I have tried to indicate the importance of the variance. By being granted the variance, the neighborhood certainly would not be adversely affected in any way. I thank you for considering this proposed variance. If I can be of any help, please contact me. Sincerely, Jesse Priem, President Priem Homes, Inc. 61. 11 i• LI Jj j,! r -, b 1, IT• - a oll i j IN IN 1WE M! morn i., 5TH nv- 954 e" soy wgr 66.4q - Sery'es 'kN v. Cur 9Sg'B4 d`5 dig i 4.1 e86. Q :g41.2 co I 24.0 - r 24.0 c 1 ,o 3 1o , cco I i a m 0 13 v p Q0 1 m 0 °o E 0 lo. q 12 0 L' N v 00 v N , i2,p 9b N12.0 / X2.0 00 W a V S72oZ, o6, 0 E u N Y - J I c d ul 14- N ; V 0 6 J o F in W a i ci 4JU m Q .d. d ro QOJ a To T J A'13.5 84.45 )J 1aA ° I l' GI" E J O w z a J W Q N IY D: WIm 200 L` inn Ann I 1