HomeMy WebLinkAboutPlanning Commission Packet 11-27-19915.A
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: November 14, 1991 COMMISSION MEETING DATE: November 27, 1991
FILE NO.: 83048
PETITIONER: Dean Amsbaugh
REQUEST: Conditional Use Permit Renewal for a Dog Kennel
LOCATION: 16910 County Road 47
GUIDE PLAN CLASS: LAR (Rural Density /Agricultural)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
On October 17, 1983, the City Council, by Resolution 83 -563, approved a
Conditional Use Permit and License for a dog kennel at the Dean Amsbaugh
residence. The number of adult permanent breeding dogs was limited to 10,
including their resulting puppies up to six months of age.
On December 3, 1984, the City Council, by Resolution 84 -844, renewed a
Conditional Use Permit and License for a dog kennel increasing the limit of
adult dogs to 15.
On August 6, 1991 the City of Plymouth initiated action citing violation of
the "nuisance" provisions of the City Code regarding barking dogs at this
location. The culmination of this citation was a finding by the court that
the provisions of the City Code with regard to nuisances, as such nuisances
relate to barking dogs, are unconstitutional.
Notice of this Public Hearing has been published in the Official City
Newspaper and all property owners within 500 feet have been notified (within
the City of Plymouth). Also, the City of Maple Grove has been notified of the
pending Conditional Use Permit matter.
PRIMARY ISSUES AND ANALYSIS:
1. On July 24, 1991 the City of Plymouth received a petition signed by 14
property owners (9 within the City of Maple Grove and 5 within the City of
Plymouth). The petition states that the complainants find the barking of
dogs "annoying and a nuisance" and they are requesting that the noise be
greatly reduced and controlled in the future ".
2. Section 9, Subdivision A, Paragraph 5 e of the Zoning Ordinance provides
that the Zoning Administrator shall refer a renewal application for a
Conditional Use Permit to the Planning Commission for consideration and
hearing when there have been substantiated complaints or cited violations
Page Two
File 83048
involving the Conditional Use. We have concluded that the substantiation
of this complaint is sufficient with 14 individual signatures regardless
of whether the previous nuisance violation action resulted in a problem
with our City Code provisions regarding nuisances.
3. The applicant has been notified of the forthcoming expiration of his
Conditional Use Permit on December 31, 1991 within 45 days of that
expiration as provided by the Zoning Ordinance. To enable sufficient time
to consider the renewal of this Conditional Use Permit following a Public
Hearing, staff has established the Public Hearing date of November 27,
1991, and notified adjoining property owners, as provided for by statute,
even though the applicant has refused to provide the required fee for
renewal of his Conditional Use Permit.
4. Renewal of this Conditional Use Permit must be on the basis of compliance
with the 6 Conditional Use Permit criteria of Section 9 of the Zoning
Ordinance in the same manner as such compliance was found with the initial
issuance of the Conditional Use Permit and any subsequent renewal. A copy
of the Conditional Use Permit standards found in Section 9, Subdivision A
of the Zoning Ordinance is attached.
PLANNING STAFF COMMENTS:
1. In the review of issues that relate to the renewal of this Conditional Use
Permit the Planning Commission should focus on whether the use continues
to comply with Conditional Use Permit standard No. 3 relating to the use
and enjoyment of other property in the immediate vicinity for the purposes
already permitted (per the FRD Zoning District of the Zoning Ordinance).
The contention of the complainants in this matter appears to be that their
enjoyment of peace and quiet has been impaired by the operations of the
kennel facility, which is only allowed in this Zoning District by the
Conditional Use Permit that is the subject of this renewal action.
2. We note that the property to which the Conditional Use Permit is issued,
and all of the adjoining properties within 500 feet within the City of
Plymouth are located in the FRD (Future Restricted Development) Zoning
District. This zoning district is not exclusively designated for
residential purposes. Since agricultural uses are also allowable (as
permitted uses)' the standards expected in terms of impact on adjoining
properties m L not be the same as those found in the R -1A Zoning District.
3. The intent and purposes for the requirement of a Conditional Use Permit
for a kennel operation in the FRD District must be carefully considered.
Surely one of the considerations leading to the requirement that the use
be conditional is the potential for the barking of dogs to be a negative
impact on adjoining properties.
4. Barking of dogs is not an uncommon occurrence in residential or rural
areas regardless of whether a dog kennel such as here allowed by a
Conditional Use Permit is located in those areas. The failure by the City
Page Three
File 83048
of Plymouth to renew this Conditional Use Permit mfr reduce the amount of
dog barking in this neighborhood, but will surely not eliminate such
barking.
RECOMMENDATION:
There is no clear design or use - related finding that is based in sound
professional planning practice that supports a staff recommendation in a
matter such as this. If, based on the hearing testimony, it is found by the
Planning Commission that the barking of dogs clearly related to this kennel
facility is an imposition upon the enjoyment of other property in the
immediate vicinity for the purposes already permitted in this Zoning District,
a basis will exist for the recommendation that the Conditional Use Permit not
be renewed.
A second approach may be to reduce the scale of the kennel operation allowed
by the Conditional Use Permit in an effort to reduce the volume of barking
dogs that could result.
We have presented resolutions both for the renewal of the Conditional Use
Permit for the kennel and for the denial of the Conditional Use Permit
renewal. .,,%r- l"\
Submitted by:
arses t. uiiierua, community ueveiopment Loorainator
ATTACHMENTS:
1. Resolution Approving Renewal of a Conditional Use Permit for a Dog Kennel
2. Resolution Denying Renewal of a Conditional Use Permit for a Dog Kennel
3. Conditional Use Permit Standards
4. Applicant's Narrative
5. Complainant Letter and Petition
6. Police Offense /Incident Report of August 6, 1991
7. Resolutions 83 -563 and 84 -844
8. Zoning Ordinance Excerpt Regarding Conditional Use Permit Renewal (Section
9, Subdivision H)
9. Location Map
pc /lr/83048:jw)
APPROVING CONDITIONAL USE PERMIT RENEWAL FOR DEAN AMSBAUGH FOR A DOG KENNEL
LOCATED AT 16910 COUNTY ROAD 47 (83048)
WHEREAS, Dean Amsbaugh has requested renewal of a Conditional Use Permit for a
dog kennel for property located at 16910 County Road 47; 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
Dean Amsbaugh for the renewal of a Conditional Use Permit for a dog kennel for
property located at 16910 County Road 47, 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 the petitioner as operator of the facility and
shall not be transferable.
3. The site shall be maintained in a sanitary manner.
4. The permit shall be renewed in annually, concurrent with the license.
5. The number of dogs shall be limited to fifteen adult dogs at any time;
adult" meaning six months of age or older.
6. No physical enlargement of the kennel facility is permitted, without an
amendment to the Conditional Use Permit and license following a Public
Hearing.
DENYING CONDITIONAL USE PERMIT RENEWAL FOR DEAN AMSBAUGH FOR A DOG KENNEL
LOCATED AT 16910 COUNTY ROAD 47 (83048)
WHEREAS, Dean Amsbaugh has requested renewal of a Conditional Use Permit for a
dog kennel for property located at 16910 County Road 47; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends denial;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Dean
Amsbaugh for the renewal of a Conditional Use Permit for a dog kennel for
property located at 16910 County Road 47, based on the following:
1. The Conditional Use is detrimental to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted.
2. The finding of detriment is based on multiple complaints regarding the
barking of dogs at this location.
res /cc/83048)
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2. per. Before any Conditional Use Pernit may be granted, the
application therefore, shall be referred to the Planning Cmudssion for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recommendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Commission shall review the application and consider its
conformance with the following standards:
1) Compliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional
use will promote and enhance the general public welfare and will
not be detrimental to or endanger the public health, safety,
morals or comfort.
3) The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially duminish and
immix property values within the neighborhood.
4) The establishment of the conditional use will not impede the
normal and orderly development and iicprvvecent 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.
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July 23, 1991
Mr. Richard Carlquist
Public Safety Director
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Dick:
C.aNFVIIN 1 F(L4
JUl 241.
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I appreciate your quick response to John Elam's phone call and your willingness to
discuss our frustrations with the City of Plymouth's Administration and Mr.
Am.baugh.
After years of trying to work with community service, it was a great surprise to hear
that you and the Plymouth City Council think
bothered by the dog barking. There are many residents in Plymouth and Maple
Grove that find the dog barking at 16910 Co. Rd. 47 a nuisance.
Enclosed is a petition signed by 14 neighbors who want something done about this
nuisance. Please take the petition as a formal complaint and a request to eliminate
the nuisance.
Please make this letter and petition a part of Mr. Amsbaugh's file and part of any file
or paperwork associated with his conditional use permit.
Please let me know what action will be taken to solve this problem and what we
should do to make sure it is solved to our satisfaction. I can be reached at home
Sincerely,
cc: Jon Elam, City Administrator, City of Maple Grove
Mayor and City Council, City of Plymouth
Blair Tremere, Community Development Director, City of Plymouth
enc.
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ADDRESS OF INCIDENT (STREET,APT,CITY.STATE,ZIP CODE): NAME OF LOCATION/BUSINESS
It P9 V) C n oL v
DATE / TIME OF INCIDENT:
O -/„ / KM 5'
w Person, ARREST(S) MADE: YES B'(O BAOGE ar(S) SON
START: w ENO: Zd 7s P411 V -V. ' ! CRATION(S) ISSUED: E3 fES NO (p %(, & /
VICT WITN Mecom OWN MENT PERSON ONE
PLYMOUTH PULIGE UENAHIMENT Juvenile
RESIDENCE PHONE NUMBE : AGE: DATE OF BIRTH: EMPLOYER'SCHOOL NAME, ADDRESS: i
OFFENSE / INCIDENT REPORT DomesticOFFENSENUMBER
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RESIDENCE PHONE NUMBER:
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DATE OF BIRTH:
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DATE REPORTED DISPATCHED: ARRIVED: CLEARED: REF TO INV
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RACE:
LWAITE BLACK O HISPANIC O NATIVE AMERICAN
INV. ASSIGNED
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CLEARED BY
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PENDING ARREST EXCP. ASSIST /ADVISE UNF PFC
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VICT'S RELAT TO SUSP /ARRESTEE: PARENT / GUARDIAN NAME: (JUV. ONLY) PARENT / GUARDIAN ADDRESS: (JUV. ONLY) PARENT / GUARDIAN PHONE #I:
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ADDRESS OF INCIDENT (STREET,APT,CITY.STATE,ZIP CODE): NAME OF LOCATION/BUSINESS
It P9 V) C n oL v
DATE / TIME OF INCIDENT:
O -/„ / KM 5'
w Person, ARREST(S) MADE: YES B'(O BAOGE ar(S) SON
START: w ENO: Zd 7s P411 V -V. ' ! CRATION(S) ISSUED: E3 fES NO (p %(, & /
VICT WITN Mecom OWN MENT PERSON ONE
NAME (LAST,FIRST.MIDDLE): ADDRESS (STREET,APT,CITY,STATE,ZIP CODE):
RESIDENCE PHONE NUMBE : AGE: DATE OF BIRTH: EMPLOYER'SCHOOL NAME, ADDRESS: i
BUSINESS PHONE NUMBER: OCCUPATION /TITLE: DAY /TIMES AVAILABLE: RA CEMfTE BLACK p HISPANIC NATIVE AMERICAN
RESIDENCE PHONE NUMBER: AGE: DATE OF BIRTH:
p ASIAN PACIFIC ISLANDER OTHER
SEX: HEIGHT: WEIGHT: MEDICAL TREATMENT:
BUSINESS PHONE NUMBER:
D.L. OR I.D. Nt: VICTIM OF OFFENSE NUMBER:
DAY /TIMES AVAILABLE: RACE:
LWAITE BLACK O HISPANIC O NATIVE AMERICAN
VICTIM OF OFFENSE NUMBER:
YES d.*10
p N r7 /UL O ASIAN PACIFIC ISLANDER O OTHER
TYPE OF INJURY: MOST SERIOUS INJURY, LOCATION:
01 APPARENT BROKEN BONES 02 POSSIBLE INTERNAL 03 SEVERE LACERATION O 1. HEADMECK 2. ARMSMWrD 3. LEGSIFEET
04 APPARENT MINOR INJ. 05 OTHER MAJOR 06 LOSS OF TEETH 07 UNCONSCKXISNESS 4. TORSO
VICT'S RELAT TO SUSP /ARRESTEE: PARENT / GUARDIAN NAME: (JUV. ONLY) PARENT / GUARDIAN ADDRESS: (JUV. ONLY) PARENT / GUARDIAN PHONE #I:
iw /
VOF
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VICTS RELAT TO SUSPiARRESI
YES 0
VICT WITN COM P'XTW-N MENT PERSON TWO
NAME (LAST.FIRST,MIDDLE):
RESIDENCE PHONE NUMBER:
ADDRESS (STREET,APT,CITY,STATE ZIP CODE):
A s Le-sc.l t De-%w I j l0i j (b e 4 gy m& y m
RESIDENCE PHONE NUMBER: AGE: DATE OF BIRTH: EMPLOYER/SCHOOL NAME, ADDRESS:
t - / -70 5 a 33
p ASIAN PACIFIC ISLANDER OTHER
BUSINESS PHONE NUMBER: OCCUPATION / TITLE:
WEIGHT:
DAY /TIMES AVAILABLE: RACE:
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VICTIM OF OFFENSE NUMBER:
p N r7 /UL O ASIAN PACIFIC ISLANDER O OTHER
SEX: HEIGHT: WEIGHT: MEDICAL TREATMENT: D.L. OR I.D. NI: VICTIM OF OFFENSE NUMBER:
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VICTS RELAT TO SUSPiARRESI
YES 0
PARENT / GUARDIAN ADDRESS: (JUV. ONLY)
1 2 03 4 5 6
TYPE INJURY: MOST SERIOUS INJURY, LOCATION:
01 APPARENT BROKEN BONES 02 POSSIBLE INTERNAL 03 SEVERE LACERATION O 1. HEJWINECK O 2. ARMSMIANDS O 3. LEGSIFEEf
04 [3 APPARENT MINOR INN. 05 El OTHER MAJOR 06 O LOSS OF TEETH 07 O UNCONSCIOUSNESS 4. TORSO
VICTS RELAT TO SUSP /ARRESTEE: PARENT / GUARDIAN NAME: (JUV. ONLY) PARENT I GUARDIAN ADDRESS: (JUV. ONLY) PARENT / GUARDIAN PHONE •:
I
VICT WITN COM OWN MENT PERSON THREE
NAME (LAST,FIRST,MIDDLE): ADDRESS (STREETAPT,CITY,STATE,ZIP CODE):
RESIDENCE PHONE NUMBER: AGE: DATE OF BIRTH: EMPLOYER/SCHOOL NAME, ADDRESS:
BUSINESS PHONE NUMBER: OCCUPATION / TITLE: DAY / TIMES AVAILABLE: RACE:
WHITE BLACK HISPANIC E3 NATIVE AMERICAN
p ASIAN PACIFIC ISLANDER OTHER
SEX: HEIGHT: WEIGHT: MEDICAL TREATMENT: D.L. OR I.D. 0: VICTIM OF OFFENSE NUMBER:
YES NO 1 132 133 04 5 p 6
TYPE OF INJURY: MOST SERIOUS INJURY, LOCATION:
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04 p APPARENT MINOR INJ. 05 OTHER MAJOR 06 LOSS OF TEETH 07 UNCONSCIOUSNESS 4. TORSO
VICTS RELAT TO SUSPiARRESI PARENT / GUARDIAN NAME: (JUV. ONLY) PARENT / GUARDIAN ADDRESS: (JUV. ONLY) PARENT /GUARDIAN PHONE x:
NARRATIVE SECTION
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ANONIMITY REQUESTED: YES PINO, PRIVATE/CONFIDENTIALINON- PUBLIC INFORMATION: YES w<
SPECIFY:
N/A `:
NARRATIVE (Supplement A brief factual reconstruction of events associated with the action.
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NUMBER. E l Ia h r r
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D 5- THERE WAS A DEFINITE, LIMITED OPPORTUNITY 11 . AN UNUSUAL, DISTINCTIVE OR SIGNIFICANT M.O. IS
PRESENT. FOR ANYONE OTHER THAN THE SUSPECT TO COMMIT 12- 13 ANY SIGNIFICANT REASON EXISTS IN THEJUDGEMENTTHEOFFENSE. OF THE REPORTING OFFICER TO BELIEVE THAT
THE 6 . THE SUSPECT HAS BEEN NAMED - FULL NAME.
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T ANONIMITY REQUESTED: YES PINO, PRIVATE/CONFIDENTIALINON- PUBLIC INFORMATION: YES
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SPECIFY: N/A `: SOLVABILITY
FACTORS 1 - THERE IS A RELIABLE WITNESS TO THIS OFFENSE. a - THE SUSPECT WAS IDENTIFIED AS BEING
SEEN 2- THE SUSPECT VEHICLE CAN BE FULLY
DESCRIBED, PREVIOUSLY IN THE AREA OF THE
OFFENSE. DISTINCTIVE DESCRIPTION, LICENSE PLATE NUMBER. 9. SIGNIFICANT INFORMATION ABOUT THE SUSPECT
ADDRESS 3- PROPERTY STOLEN IS
TRACEABLE. OR LOCATIONS FREQUENTED IS
KNOWN. 10 - A VICTIM OR WITNESS COULD POSSIBLY
IDENTIFY 4. SIGNIFICANT PHYSICAL EVIDENCE IS PRESENT. THE SUSPECT FROM A PHOTO FILE OR
LINEUP. 5- THERE WAS A DEFINITE, LIMITED OPPORTUNITY 11 . AN UNUSUAL, DISTINCTIVE OR SIGNIFICANT M.O. IS
PRESENT. FOR ANYONE OTHER THAN THE SUSPECT TO COMMIT 12- 13 ANY SIGNIFICANT REASON EXISTS IN THEJUDGEMENTTHEOFFENSE. OF THE REPORTING OFFICER TO BELIEVE THAT
THE 6 . THE SUSPECT HAS BEEN NAMED - FULL NAME. ALIAS, CRIME MAY BE SOLVED WITH REASONABLE AMOUNT
OF NICKNAME. INVESTIGATIVE
EFFORT. 7. DISTINCTIVE PARTIAL DESCRIPTION OF THE
SUSPECT IS AVAILABLE. 13 -
NONE
64111M MISSING
PERSONS THE ABOVE STATEMENT IS TRUE AND CORRECT AND UWE DO AGREE TO PAY FOR RETURN
TRANSPORT. r..
CITY OF PLYMOUTH
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IV
Pursuant to due call and notice thereof, a re ular weetinq of he city Council of
the City of Plymouth, Nlnnesota, was held on the day of uctober 1983.
The following members were present: Mayor Davenpofts CounCilmembdMrluclls 'mells,
Schneider and Threinen
We following members were a sen : none
Councilmember Threinen introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 83. 563
APPROVING CONDITIONAL USE PERMIT AND LICENSE FOR DOG KENNEL FOR DEAN AMSA WCH AT 16910
COUNTY ROAD 47 (83n48)
W'HLRLAS, Dean Ams augh has requested a Conditional Use Permit and a license for a doo
kerrrrel on pruperr) located Within the FRD (future restricted development) District
at 16910 County Road 47; and,
WHEREAS, the Planninq Commission has reviewed said request at a duly called Puhllc
Hearings urr September 28, arid October 12, 1983, and recommends approval;
NOM', THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMnirTH,
MINNESOTA, that It should and hereby does approve the reouest for nean Amshaunh for a
Conditional Use Permit and license for a dog kennel on property located Mithln they FRD
future restricted development) District at 1691n County Road 47 suhiect to the
ful lowing conditions:
1. The permit is suhiect to all applicable codas, regulations and Ordinances, Arid
VIulatlurr thereof shall be orounds for revocation.
2. The permit Is issued to the petitioner as operator of the facility arid shall
riot be transferable.
3. The site shall be maintained In a sanitary manner.
4. The permit and.license shall he renewed annually.
5. The number of dogs shall be limited to ten adult dogs at any time: "adult"
meaning six months of age or older.
6. No physical enlargement of the kennel facility is permitted, without an
amendment to the Conditional Use .Permit and license followino a Public:
scaring.
The opotion for adoption of the foregoing Resolution was duly seconded byCouncilmemberMoen , and upon vote being taken t reon, the
following voted n favor t ereot:_ mayor avenport, Councilmembers Moen, Ne s,
Schneider and Threinen '
The fo ow ng voted against or abstalnedt none
Whereupon the Resolution was declared duly passed and adopted.
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CITY OF PLYMM
Pursuant to due call and notice thereof, a Regular meeting of the City Council of
19 84
the City of Plymouth, Minnesota, was held ontie rd day of December "
ls,
The following meebers were present: Mavor Davenport, Councilmembers ra n, men,
s were
rnunci1member Sc hneide r Introduced the following Resolution and moved its
adoptions
RESOLUTION NO. 84- 844
APPROVING CONDITIONAL USE PERMIT RENEWAL AND LICENSE FOR DOG KENNEL FOR DEAN AMSBAUCH
AT 16910 COUNTY ROAD 47 (83048)
WHEREAS
kennel on property
requested a (
future restrictedstricted development)
e
a dog P
Dis-
trict at 16910 County Road 47; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval;
NOW, THERErORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request for Dean Amsbaugh for a
Conditional
FRO (future restricted development) District at 1 6910 County Road 47 subject
tot
the
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 iss-ied to the petitioner as operator of the facility and shall
not be transferable.
3. The site shall be maintained in a sanitary manner.
4. The permit shall be renewed annually, concurrent with the license.
5. The number of dogs shall be limited to fifteen adult dogs at any time;
adult" meaning six months of age or older.
6. No physical enlargement of the kennel facility is permitted, without an amend-
ment to the Conditional Use Permit and license following a Public Hearing.
The motion for adoption of the foregoing Resolution was duly seconded by Councilmember
Moen ,
and upon vote being taken thereon, the
fo owing voted In favor thereof: Mayor Davenport, Councilmembers Crain, Moen, Neils
J c_L-..4Ae" --
he 0 owing voted against or abstained:
Whereupon the Resolution was declared dul
PLYMOUTH ZONING ORDINANCE
Section 9, Subdivision A
e. The Zoning Administrator shall refer the renewal application to the
Planning Commission for consideration and hearing as set forth in this
Section upon determination that the circumstances have changed or are
anticipated to change, and /or that there have been substantiated
complaints and cited violations involving the Conditional Use. (Amended
by Ord. No. 82 -08)
6. ev . The Planning Commission may recommend, and the City Council
direct the revocation of any Conditional Use Permit for cause upon
de ination that the authorized conditional use is not in conforman
it he conditions of the permit or is in continued violation of t
rdin e, City Codes, and other applicable regulations. The Plan ng
ommiss shall schedule a Public Hearing in the manner set for in
ection Subdivision A and shall notify the responsible per to whom
he permit s issued, that it is an opportunity for that per n to show
ause why t jermit should not be revoked. The Planning C ission shal
ake a report the City Council following the hearing i uding a
ecommendation the reasons therefore. The City Cou 1 shall conside
he report from t
I
Planning Commission and shall, by solution, declare
its findings as to ether the Conditional Use Permi shall be revoked,
including the reason therefore. The Zoning Admin' trator shall provide
the responsible person o whom the permit was is ed a copy of the
proceedings and finding f the Planning Commi on and City Council.
Amended by Ord. No. 82-
7. Amendment. Holders of the ditional U Permits may propose amendments
to the permit at any time, fo wng t procedures for a new permit as s
forth in this Section, except w re inistrative approval may be grant:
as defined and set forth in Secti 1, Subdivision A. No significant
changes in the circumstances or a of the permitted use shall be
undertaken without approval of os mendments by the City. The Zoning
Administrator shall determin hat co titutes significant change. Change
include, but are not limit: to, hours f operation, number of employees,
expansion of structures a or premises, ifferent and /or additional
signage, and operationa odifications re lting in increased external
activities and traffi and the like. The tanning Commission may
recommend, followin he procedures for hea g and review set forth in
his Section and t City Council may approve ignificant changes and
odifications-to onditional Use Permits, inclu 'ng the application of
dditional or vised conditions. (Amended by 0 . No. 82 -08) (Amended
rd No. 85 -2
8. x it Permits which have been issued under th rovisions of this
ection all expire without further action by the Pla ng Commission
he C' Council, unless the applicant commences the au rized use wit n
ne ar of the date the Conditional Use Permit is issued; r, unless
e re the expiration of the one year period; the applicant 11 apply or
extension thereof by completing and submitting a request fbftxtensi ,
9 -4
LOCATION lViAP
0
I
IRMA
AMSBAUGH
November 27, 1991
Mr. Charles E. Dillerud
Community Development Director
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Dillerud:
6-.14
031'Y OF PLYM0C1',TR
DEVELO PMENT DEPT.
Please record that we are in favor of granting a renewal of the
Conditional Use permit to Dean Amsbaugh for the operation of a dog kennel
located at 16910 County Road 47.
our home is within 150 yards of Mr. Amsbaugh's kennel and we have never
had a single instance when his dogs presented an annoyance or a nuisance
in the three years we have resided here.
Sincerely,
OA"t—t i
Arthur L. Fretag
17010 County Road 47
Plymouth, MN 55446
559 -1110
5.B
1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 22, 1991
TO: Planni
UP,
ion
FROM: Chuck Community Development Director
SUBJECT: DRAFT ZO ING AMENDMENTS -- GREENHOUSES, NURSERIES AND GARDEN STORES
In December 1990 the Planning Commission held the required hearings and
adopted recommendations concerning standards for outside display, storage and
sale of merchandise. During the Public Hearings and subsequent discussions
Jerry Theis of Dundee Nursery requested the Commission consider further Zoning
Ordinance amendments that would specifically address his category of business
based on the special characteristics and needs of that type of business. At
that time the Planning Commission directed the staff to further address the
issue of the impact of outdoor storage requirements on greenhouses and
nurseries in Plymouth.
On December 10, 1991 the Planning Commission recommendations with regard to
outdoor storage and display were considered by the City Council and Ordinance
90 -38 was adopted amending the Zoning Ordinance consistent with the
recommendations of the Planning Commission in this regard. Mr. Theis again
appeared to explain the difficulties that the Zoning Ordinance creates for his
type of business. The Council, in a separate action, directed staff and the
Planning Commission to consider the issue of nurseries and greenhouses in
urban zoning districts as a conditional or permitted use relative to outside
storage, display and sales.
On February 22, 1991 the staff presented to the Planning Commission a
memorandum addressing the issues of nurseries and greenhouses. On February
27, 1991 the Planning Commission, on a unanimous vote acted to recommend no
changes to the Zoning Ordinance regarding the regulation of nurseries and
greenhouses.
On March 18, 1991 the City Council unanimously adopted a motion directing
staff to develop definitions of nurseries and greenhouses for adoption in the
Zoning Ordinance. The staff recommendation in this regard was presented to
the City Council on October 7, 1991; at which time the City Council took
action directing staff that the recommendation be presented at a Public
Hearing before the Planning Commission, and that a Planning Commission
recommendation be developed.
Page Two
Greenhouses
I have attached to this memorandum a copies of
above. The most current communication addressing
the problem raised by Mr. Theis is the staff memo
City Council meeting of October 7, 1991. This mi
for the Zoning Ordinance amendments recommended
Public Hearing.
the materials referred to
a definitional approach to
of October 2, 1991 for the
morandum serves as a basis
for consideration at this
Attachments:
1. Draft Amendment No. 1
2. Staff Memo of October 2,1991
3. City Council Minutes of March 18, 1991
4. Dundee Nursery Letter of March 14, 1991
5. Staff Memo to the City Council of March 13, 1991
6. Planning Commission Minutes of February 27, 1991
7. Staff Memorandum to the Planning Commission of February 22, 1991
8. City Council Minutes of December 10, 1990
ord:pc /cd /11 -27)
DRAFT AMENDMENT NO. 1
HEARING DATE: November 27, 1991
DESCRIPTION:
This amendment is intended to expand and further clarify the Zoning Ordinance
with respect to the types of businesses that deal in landscape and lawn care
products.
SECTIONS INVOLVED: Section 4, Subdivision B (Definitions), Section 8,
Subdivision B Allowable Uses: Business Districts)
EXPLANATION /PURPOSE:
This amendment is proposed responsive to a request by a local businessman and
property owner to further clarify the provisions of the Zoning Ordinance
regarding the permissibility and degree of outdoor storage /screening related
land uses, growing and /or selling landscape materials and related products.
The City Council, on October 7, 1991 directed the Planning Commission to hold
a Public Hearing on definitional changes in the Zoning Ordinance proposed by
the staff in its memorandum to the City Council of October 2, 1991.
This amendment provides for new definitions for the terms "greenhouse ",
nursery ", and "garden center ". Based on these definitions and
adjustments /additions to the use allowances of Section 8 it is intended to
provide additional flexibility with regard to sales and storage of landscape
products grown on site but retention of storage and screening controls (as
well as use allowances) for landscape related products that are imported to
the site and resold. A more clear distinction between "growers" and
retailers" is intended.
CONCLUSIONS /RECOMMENDATIONS:
We recommend adoption of amendments to the Zoning Ordinance definition
section, adding the following language:
Nursery. An enterprise which conducts the retail and wholesale sale of plants
grown on the site, as well as accessory items directly related to their care
and maintenance. The accessory items normally sold include clay pots, potting
soil, fertilizers, insecticides, hanging baskets, rakes, and shovels and the
like, but do not include power equipment such as gas or electric lawnmowers
and farm implements.
Garden Center. A place of business where retail and wholesale products and
produce are sold to the retail customer. These centers which may include a
nursery and/or greenhouses, and import the majority of the items sold. These
items may include plants, nursery products and stock, fertilizers, potting
soil, naraware, power equi
garden and farm tools and utensils.
nerv, hose, rakes, shovels, and other
Greenhouse. An enclosed building, permanent or portable, which is used for
the growth of small plants.
And, as additions /modifications to Section 8, Subdivision B:
DISTRICTS USES
B -1 B -2 B -3
Office
Limited Retail Service
16. -- C p
45. "
P
Underscore - in icates new text
Strikeeut— - indicates deleted text
ord:pc /cd /11 -27)
Greenhouses, nurseries, and garden
centers with — retail sales.
Outside storage and displav of live
plants, shrubs and the like on the
site of nurseries as defined by this
Subdivision. Such storage shall be
exempt from screening provisions of
the Zoning Ordinance.
Regular Council Meeting
October 7, 1991
Page 393
or a storm drainage system. The cost for thes
proposals range from $27,000 to $61,000.
Graham Norberg, 17120 28th Place North, st ed
the drainage problems within the park pr rty
have existed for a number of years. Th ath is
always blocked with standing water whe it rains.
He supports installation of drain ti to address
the problem.
Charles Smith, 17125 28th Place th, stated
that he was representing his ting property
owners. He stated th/a3 from the park
does not affect their . They don't
support or oppose any the Council;
however, they would vure water
problems on their proresult of the
City's action to try the existing
problem within the pa
MOTION was mad/
at
uncilmember Ricker, seconded
by Councilmembr, to accept the report on
drainage conceShiloh Park, and to further
consider the r uring budget discussions.
Motion carrjoM, five ayes.
MOTION wOrmade by Councilmember Zitur, seconded
by Courloilmember Vasiliou, to adopt RESOLUTION
NO. 9 609 APPROVING THE INSTALLATION OF BRIDGES
AT F R SEASONS AND FAZENDIN PARKS.
Coordinator Dillerud stated that Jerry Theis,
representing Dundee Nursery, previously addressed
the City Council concerning current Plymouth
Zoning Ordinance provisions regarding greenhouses
and nurseries. The Dundee Nursery operation is
located in the FRD Zoning District and is a legal
nonconforming use. He expressed concern with the
status of his business relationship to the Zoning
Ordinance once urban zoning is assigned to his
site.
Mr. Theis observed that the Zoning Ordinance
requires a Conditional Use Permit for any sales,
RESOLUTION 91 -609
APPROVING
INSTALLATION OF
BRIDGES AT FOUR
SEASONS AND
Item *8 -X
Definitions of
Greenhouses and
Nurseries in the
Zoning Ordinance
Item 8 -Y
Regular Council Meeting
October 7, 1991
Page 394
display or storage of materials or products
outside the building. He also noted that any
outside storage is required to be screened. The
Council directed staff to develop definitions of
nurseries and greenhouses for adoption in the
Zoning Ordinance.
Coordinator Dillerud presented the staff report
on this issue. He suggested that a distinction
between "greenhouse ", "nursery ", and "garden
center" may be appropriate within the definition
section of the Zoning Ordinance. The new
definitions could describe "greenhouse" as an
enclosed building used for the growing of plants.
Nursery" could include the sale of plants grown
on the site, but not within an enclosed
structure. The term "garden center" could
include nurseries and /or greenhouses but would
allow sale of primarily items imported to the
site.
No outdoor storage would be permitted related to
a nursery, but the growing of plant material
onsite would not be defined as outdoor storage or
display. The outdoor storage and display
functions of a "garden center" would continue to
require a Conditional Use Permit. '"He stated that
staff surveyed surrounding communities and
learned that "garden centers" are substantially
controlled in the urban setting. He suggested
that the proposed definitions be remanded to the
Planning Commission for public hearing.
Jerry Theis, 16800 Highway 55, stated that he
could not comment on whether the proposed
definitions are exactly as he'd like them, but he
supports holding a public hearing on the proposed
definitions.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to direct the
Planning Commission to hold a public hearing on
the proposed definition changes to the Zoning
Ordinance.
Motion carried, five ayes.
B __y
11
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 2, 1991 For City Council Meeting of October 7, 1991
TO: James G. Willis, City Manager
FROM: Community Development Coordinator Charl ocerud
SUBJECT: ZONING ORDINANCE STANDARDS FOR GREENHOUSES AND NURSERIES
ACTION REQUESTED: Provide direction to the staff and Planning
Commission regarding Zoning Ordinance amendments addressing greenhouses
and nurseries.
BACKGROUND:
At the March 18, 1991 City Council meeting, Jerry Theis, representing Dundee
Nursery, addressed the City Council concerning current Plymouth Zoning
Ordinance provisions regarding greenhouses and nurseries. While Mr. Theis
acknowledged that the current Dundee Nursery operation is located in the FRD
Future Restricted Development) Zoning District and is a legal nonconforming
use with respect to current operation, he expressed concern with the status
of his business relationship to the Zoning Ordinance once Urban Zoning is
assigned to his site.
He observed that the current Zoning Ordinance provisions require a
Conditional Use Permit for any sales, display or storage of materials or
products outside the building pertaining to principal use. He also noted
that any such outside storage was required to be screened. He acknowledged
the most recent amendment to the Zoning Ordinance did permit the City
Council to waive some or all of such screening.
Mr. Theis asked the City Council to consider a Zoning Ordinance amendment
that would insure his ability to modify or expand his business in the
future.
The City Council directed staff to develop definitions of nurseries and
greenhouses for adoption in the Zoning Ordinance.
see next page)
Page Two
Greenhouse Ordinance
PRIMARY ISSUES AND ANALYSIS:
The concern Mr. Theis raises relates to two separate issues found in
separate sections of the Zoning Ordinance, as follow:
1. Greenhouses and nurseries are Conditional Uses in the B -2 Zoning
District and "permitted uses" in the B -3 Zoning District. As Mr.
Theis has noted, however, the Zoning Ordinance provides that "any
permitted or accessory use such as sales, service, display, or
storage of materials, products and vehicles conducted outside the
building containing the principal use not specifically allowed or
not prohibited elsewhere in this ordinance" is a Conditional Use
requiring specific approval by the City Council, upon the
recommendation of the Planning Commission. Dundee Nursery is not
eligible for such a Conditional Use Permit in the FRD Zoning
District in which it is located, since the principal use is
nonconforming.
2. Even if a Conditional Use Permit were to be issued in the future
when Urban Zoning is appropriate for this site), Section 10 of the
Zoning Ordinance requires all outside storage to be located and
screened per plans approved by the City so as not to be visible
from any classes of residence districts; from adjoining property;
or, from the public street. The Ordinance does provide that the
City Council may specifically waive this requirement totally or
partially in conjunction with a Conditional Use Permit for the
outside storage.
We have reviewed the ordinances of several suburban communities of similar
size and stage of development as Plymouth and have inquired of the American
Planning Association Advisory Service with respect to definitions and zoning
ordinance treatment of nurseries and greenhouses that involve retail sales.
From these sources we have found very little in the way of specialized
treatment of nurseries and greenhouses over and above that afforded to
retail uses in general. The selling of products is treated as a permitted
use in Commercial Zoning Districts, but the storage and display of products
is generally a conditional or special use, and typically requires screening.
Most suburban communities are extremely sensitive to the impact of outside
display and storage, and zoning ordinances reflect that concern.
see next page)
Page Three
Greenhouse Ordinance
The Plymouth Zoning Ordinance contains no definition of the terms
greenhouse ", "nursery ", or, the more contemporary term "garden center ".
Since one of Mr. Theis's stated concerns is the inconsistency of an
ordinance provision that requires screening of plant material, a distinction
between "greenhouse ", "nursery ", and "garden center" may be appropriate
within the definition section of our Zoning Ordinance. This addition, when
coupled with separately addressing each of the three landscape- related
activities in the Commercial Zoning District section of the Zoning Ordinance
could result in a reduced impact with respect to outdoor storage and
screening requirements where plant materials are grown on the site. This
approach would address part of Mr. Theis's concern with Dundee Nursery as
well as at least one other rgowerinPlymouthatthepresenttime (Perl).
The new definitions would describe a "greenhouse" as an enclosed building
which is used for the growing of plants (such as Len Busch Roses and Orchids
Limited). The definition of "nursery'.' would include the sale of plants
grown on the site, but not within an enclosed structure. The definition of
garden center" could include nurseries and /or greenhouses but would allow
sale of primarily items "imported" to the site. A "garden center" would be
similar to Frank's Nursery at Rockford Road.
No outdoor storage would be permitted related to a nursery, but the growing
of plant material onsite (either "native" or by "transplant ") would not be
defined as outdoor storage or display. The outdoor storage and display
functions of a "garden center" would continue to require a Conditional Use
Permit.
CONCLUSIONS AND RECOMMENDATIONS:
I recommend the City Council consider the background information we have
provided in this Memorandum and provide direction to the staff and the
Planning Commission as to specific modification of the Zoning Ordinance that
should be prepared and presented at a public hearing. The definitional
modifications suggested to divide the functions of greenhouse, nursery, and
garden center, together with minor modifications in the use listings
elsewhere in the Zoning Ordinance, will provide relief from the Conditional
Use Permit and screening aspects of the Zoning Ordinance for the outdoor
growing of plants. I recommend that these modifications be the subject of a
Public Hearing before the Planning Commission.
ATTACHMENTS:
1. City Council Minutes of March 18 ,1991.
2. Letter of Jerry Theis to the City Council of March 14, 1991.
cc /cd /grnhse)
Regular Council Meeting
March 18, 1991
Page 91
ilauvaLw=i &Ai LL- ui, .c.v.,..v.. -
by Councilmember Vasiliou, to adopt RESOLUTION ADOPTING
NO. 91 -153 ADOPTING ASSESSMENTS, PROJECT NO. 107,
ASSV
r
SANITARY SEWER AND WATERMAIN AREA - BASS LAKE PROO. 107
TERRACE ADDITION. Ite
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, seco
by Councilmember Vasiliou, to adopt RESOLUTI
NO. 91 -154 APPROVING CHANGE ORDER NO. 3, GLA
MEADOWS 2ND ADDITION SCATTERED SITE HOUSE
Motion carried on a roll call vote, fi/% ayes.
MOTION was made by Councilmembe ,109itur, seconded
by Councilmember Vasiliou, to opt RESOLUTION
NO. 91 -155 AUTHORIZING AB AT NT OF VIOLATION OF
CITY CODE SECTION 2010.0 3830 UNION TERRACE
LANE NORTH.
Motion carried on moll call vote, five ayes.
RESOLUTION 91 -152
CHANGE ORDER 3,
GLACIER MEADOWS
2ND ADDITION
SCATTERED SITE
HOUSE
Item *8 -C
RESOLUTION 91 -15.5
NUISANCE ABATEMENT
AT 3830 UNION
TERRACE LANE NORTH
Item 8 -D -1
MOTION was made Councilmember Zitur, seconded RESOLUTION 91 -156
by Councilme r Vasiliou, to adopt RESOLUTION NUISANCE ABATEMENT
NO. 91 -156 HORIZING ABATEMENT OF VIOLATION OF AT 11605 28TH AVE.
CITY COD ECTION 2010.01 AT 11605 2$TH AVENUE Item 8 -D -2
NORTH./
Jerry Theis, representing Dundee Nursery,
requested that the Council reconsider previous
Zoning Ordinance Text Amendments which would
require that a Conditional Use Permit be obtained
to cover most outdoor storage and display
activities undertaken by greenhouses and
nurseries in urban districts. He expressed
concern with Zoning Ordinance standards that
could require screening of outside storage and
display activities of greenhouses and nurseries
from adjacent properties.
Mr. Theis reviewed a letter to the Council and
stated that most of his concerns relate to
requirements that a future Council could make as
a condition for expansion or modification of his
business, specifically related to screening. He
Zoning Standards
for Greenhouses &
Nurseries
Item 8 -E
Regular Council Meeting
March 18, 1991
Page 92
requested that the Council either exempt
greenhouses and nurseries from the ordinance
previously adopted, or direct the staff to accept
a conditional use permit application so the
outside storage and screening issues can be
resolved now rather than in the future when the
property becomes part of the Urban Service Area.
He does not concur with-the finding of the
Planning Commission that the Zoning Ordinance
standards should be retained as adopted.
Director Tremere stated that while it is not
possible for the City Council to ensure the
interpretations or actions of a future Council,
the staff could develop definitions of
nurseries" and "greenhouses" for inclusion with
the Zoning Ordinance so as to clarify the
ordinance intent.
Mayor Bergman asked whether screening conditions
were required for Frank's Nursery at Rockford
Road Plaza.
Director Tremere stated that screening was
accomplished through improvements including
landscaping, as well as some of the stock per
plans approved by the Council. He noted that
Frank's Nursery is proposed in an urban B -2
district where nurseries require a conditional
use permit. Dundee's will be in a different
zoning district where nurseries are a permitted
use when municipal services become available.
However, expansion of outside activities would
require a conditional use permit. A conditional
use permit is not provided by the ordinance, now,
in the district that includes Dundee.
MOTION was made by Councilmember Zitur, seconded
by Councilmember'Vasiliou, to direct staff to
develop definitions of nurseries and greenhouses
for adoption in the Zoning Ordinance and to keep
Mr. Theis informed of discussions and hearings by
the Planning Commission and Council.
Community Development Direct Report on Exterior
a report on o --t exterior lighting Lighting Standards
FROM LINDQUIST &UENNUM 83.14.1991 14:31 NO. 28 P.
AAMAM Nursery
Wo Garden Centers
Landscape Design /Build
NURSERY & LANDSCAPING CO. Floral (Plymouth only)
March 14, 1991
Mayor Kim Bergman
Councilmembers
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
2 3 Main Office
16800 Hwy 55tiPlymouth, MN 55446REcEtvF
Phone (612) 559 -4004
MAR 14 1991 Fax 559 -8483
alY OF PLYMOUTH
Dear Mayor Bergman and Councilmembers:
At your meeting on March 18th you will be considering the
Planning Commission's recommendations regarding the outside
storage and display of materials normally associated with
greenhouse and nursery businesses in so- called "urban zoning
districts ". The Planning Commission's recommendations were in
response to the City Council's December 10, 1990 directive to the
staff and CoI"ifilission to consider the impact of these December
Amendments on outside storage by existing nurseries and
greenhouses such as Dundee.
At its recent meeting, the Planning Commission recommended that
the December Amendments not be further amended to either
specifically address outside storage by nurseries or greenhouses
or, alternatively, that outside storage for nurseries and
greenhouses be excepted from the ordinance.
Dundee would like to request that the City Council reconsider the
Planning Commission's recommendations and except nurseries and
greenhouses from the outside storage requirements of the December
Amendments for the reasons explained below.
The December Amendments require nurseries and greenhouses in a B-
3 zoning district to obtain a conditional use permit for outside
storage. These Amendments also specifically require that any
outside storage be "screened... so as not to be visible from any
class of residence district, from adjoining property or from a
public street ". Dundee's current outside storage extends over
three acres. Although the space that surrounds Dundee is
currently undeveloped, when these parcels do develop, will the
City require Dundee to screen its 3 -1/2 acres from the adjacent
properties? Obviously this requirement would impose an enormous
economic hardship on Dundee.
Although Dundee's current zoning classification is FRD, our
property will eventually be rezoned to the B -3 zoning
classification and our outside storage will be "grandfathered"
Locations
16800 Hwy 55, Plymouth, MN 55446 (612) 559 - 4016.4225 County Road 42 Savage, MN 55413 (612) 894 -8740
FROM LINU4UIST &VENNUM
Mayor Kim Bergman
Plymouth City Councilmembers
March 14, 1991
Page 3
03.14.1991 14:33 NO.28 . P. 4
storage for nurseries and greenhouses from the December Ordinance
Amendments; or (2) direct the City's Staff to accept a
conditional use permit application from Dundee so we can
prosecute such an application promptly before the current City
Council and Planning Commission and obtain the assurances that we
need that the City will permit our outside storage in the future.
Thank you in advance for your consideration of our request.
Sincerely,
DUNDEE N` U RY & LANDSCAPING
J ry heis
cc: Mr. Blair Tremere
F-ROM LINOQUIST &VENNUM
elsemul
NURSERY LANDSCAPING CO.
March 14, 1991
Mayor Kim Bergman
Councilmembers
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
03.14.1991 14:31
ECNF
MAR 14 1991
My Of PLYMOUTH
Dear Mayor Bergman and Councilmembers:
NO. 28 P. 2
Nursery
Garden Centers
Landscape Design /Build
Floral (Plymouth only)
Main Office
16800 Hwy 55
Plymouth, MN 55446
Phone (612) 559 -4004
Fax 559 -8483
At your meeting on March 18th you will be considering the
Planning Commission's recommendations regarding the outside
storage and display of materials normally associated with
greenhouse and nursery businesses in so- called "urban zoning
districts ". The Planning Commission's recommendations were in
response to the City Council's December 10, 1990 directive to the
staff and Commission to consider the impact of these December
Amendments on outside storage by existing nurseries and
greenhouses such as Dundee.
At its recent meeting, the Planning Commission recommended that
the December Amendments not be further amended to either
specifically address outside storage by nurseries or greenhouses
or, alternatively, that outside storage for nurseries and
greenhouses be excepted from the ordinance.
Dundee would like to request that the City Council reconsider the
Planning Commission's recommendations and except nurseries and
greenhouses from the outside storage requirements of the December
Amendments for the reasons explained below.
The December Amendments require nurseries and greenhouses in a B-
3 zoning district to obtain a conditional use permit for outside
storage. These Amendments also specifically require that any
outside storage be "screened... so as not to be visible from any
class of residence district, from adjoining property or from a
public street ". Dundee's current outside storage extends over
three acres. Although the space that surrounds Dundee is
currently undeveloped, when these parcels do develop, will the
City require Dundee to screen its 3 -1/2 acres from the adjacent
properties? Obviously this requirement would impose an enormous
economic hardship on Dundee.
Although Dundee's current zoning classification is FRD, our
property will eventually be rezoned to the B -3 zoning
classification and our outside storage will be "grandfathered"
Locations
16800 Hwy 55, Plymouth, MN 55446 (612) 559 -4016. 4225 County Road 42 Savage, MN 55413 (612) 894 -8740
F -ROM LINDRUIST &VENNUM 03.14.1991 14-32
Mayor Kim Bergman
Plymouth City Councilmembers
March 14, 1991
Page 2
f
NO. 28
according to the staff into this new district. Because of this
grandfathering" you might ask why Dundee is concerned about
these December Amendments as they apply to Dundee's existing
outside storage. My concern is simply this: if Dundee continues
to grow and expand its present facility as we hope to do, or if
our "grandfathered" use is expanded in any way, the then current
zoning standards would be applied and Dundee would likely be
required to apply for a conditional use permit to continue
outside storage and Dundee would also have to screen that
storage.
P. 3
Dundee has always had a good working relationship with the City
Staff, and particularly the Planning Commission and the City
Council, but invariably there will be changes in these bodies
over the next decade. We are concerned, therefore, about having
to make an application at some time in the future for a
conditional use permit for our 3+ acres (approximately 140,000
square feet), of existing outside storage area before a different
Planning Commission or City Council that likely would not have
the same historical perspective on Dundee as does the current
Council.
If the City Council adopts the Planning Commission's
recommendation and therefore does not except outside storage for
nurseries and greenhouses from the December Amendments, then
Dundee would like to make application for a conditional use
permit as soon as possible, but we do not know whether the City
would accept our application since our property has not been
formally rezoned to the B -3 classification and that rezoning may
not occur until some time considerably into the future. Must we
wait?
Dundee would like to be able to do what Ryan Construction Company
did on July 16, 1990 and that is obtain City Council approval for
a conditional use permit for outside storage and display. If you
recall, Ryan's MPUD development at I -494 and County Road 9 was
amended to permit an outside display and sales area for a Frank's
Garden Center to be located in this Center that would contain
28,000 square feet of outside storage. The City Council did not
attach any separate conditions to this conditional use permit
approval and it was enacted unanimously. It would be our hope
that the City would not impose on Dundee, when we make
application for a conditional use permit, any conditions that it
didn't require of Frank's.
In summary and for the reasons outlined above, Dundee would
either (1) prefer to have the current City Council except outside
V!.OM IINDQUIST &VENNUM
Mayor Kim Bergman
Plymouth City Councilmembers
March 14, 1991
Page 3
03.14.1991 14:33 NO. 28 P. 4
storage for nurseries and greenhouses from the December ordinance
Amendments; or (2) direct the City's Staff to accept a
conditional use permit application from Dundee so we can
prosecute such an application promptly before the current City
Council and Planning Commission and obtain the assurances that we
need that the City will permit our outside storage in the future.
Thank you in advance for your consideration of our request.
Sincerely,
DUNDEE NUR RY & LANDSCAPING
f
J ry heis
cc: Mr. Blair Tremere
4%0.7=
y u,li
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: March 13, 1991 For City Council Meeting of March 18, 1991
TO: James G. Willis, City Manager
FROM: Community Development Coordinator Charle oerud through
Community Development Director Blair Treme
SUBJECT: PLANNING COMMISSION RECOMMENDATION REGARDING REGULATION OF
NURSERIES AND GREENHOUSES.
ACTION REQUESTED: Review and accept the recommendation of the Planning
Commission that no changes in the Zoning Ordinance are needed based on a
finding that nurseries and greenhouses are adequately and fairly
accounted for by existing standards.
BACKGROUND:
At its meeting February 27, 1991 the Planning Commission, on a unanimous
vote, acted to recommend no changes to the Zoning Ordinance regarding the
regulation of nurseries and greenhouses. The finding of the Planning
Commission is that current Zoning Ordinance standards and regulations
adequately provide an opportunity for nurseries and greenhouses to locate
and expand in Plymouth as well as regulation of the range of activities
including outside storage display and sales) normally associated with
nurseries and greenhouses.
The Planning Commission consideration of the treatment of nurseries and
greenhouses by the Plymouth Zoning Ordinance was initiated following a
December 10, 1990 City Council direction which had been preceded by a
December 5, 1990 Planning Commission recommendation to review the issue
based on concerns raised by Gerry Theis of Dundee Nursery during Public
Hearings concerning Zoning Ordinance amendments related to outside sales
display and storage.
PRIMARY ISSUES AND ANALYSIS:
The Planning Commission has made their recommendation following review of a
February 22, 1991 staff memorandum which reviewed those sections of the
existing Zoning Ordinance which address nurseries and greenhouses, and a
lengthy discussion of the topic including a dialog with Gerry Theis at the
February 17, 1991 meeting.
see next page)
Page 2
3/13/91
Mr. Theis expressed his concern with the current Zoning Ordinance
requirement that a Conditional Use Permit be obtained to cover most outdoor
storage and display activities undertaken by greenhouses and nurseries. He
contended that certain activities, clearly accessory to the majority of
urban nurseries and greenhouses should be allowed by right rather than by
Conditional Use Permit. Mr. Theis also expressed concern with existing
Zoning Ordinance standards that would require screening of outside storage
and display activities from adjacent residential properties. His concern
was focused on the potential for the City to retroactively apply both
Conditional Use Permit and screening standards to his existing facility.
Commissioners advised Mr. Theis that his existing facility retains rights as
a legally existing nonconforming use that, until expanded or modified, would
be protected from the application of either Conditional Use Permit or
screening standards of the Zoning Ordinance. They advised Mr. Theis however
that those nonconforming rights would be forfeited at such time as he
expanded or modified his outdoor storage or display activities. That is the
case with am "grandfathered" use in any district.
CONCLUSIONS AND RECOMMENDATIONS:
Consistent with the findings and recommendations of the Planning Commission
I hereby recommend the City Council accept the recommendation of the
Planning Commission and take no further action regarding the Zoning
Ordinance as it relates to nurseries and greenhouses based on the finding
that the existing Zoning Ordinance language adequately addresses those uses.
The updated and upgraded standards on outside commercial activities should
be administered for a reasonable time so the effectiveness and
appropriateness can be evaluated. The Task Force and Planning Commission
approached their review and recommendations on that basis.
ATTACHMENTS:
1. Planning Commission Minutes of February 27, 1991.
2. Staff Memorandum of February 22, 1991.
3. Dundee Nursery Communication of February 15, 1991.
4. City Council Minutes of December 10, .1990.
5. Planning Commission Minutes of December 5, 1990.
cc/cd/nursery: I r)
Planning Commission Minutes
February 27, 1991
Page 30
Mr. Ruehl introduced his associate Shirajoy Abby also
with the same firm. Mr. Ruehl stated that a had
reviewed the staff memorandum prepared n this
application and that on behalf of Distri 284 he
understood the conditions recommended d had no
objections.
Acting Chairman Stulberg opened the P is Hearing, and
there being no one present to speak closed the Public
Hearing.
Commissioner Tierney asked Mr. Ruehl to explain a
feature on the graphics sho ng a diagonal corridor
running from the building t County Road 6. Mr. Ruehl
explained this to be the roposed corridor for a new
water service. He noted wever that the exact location
of the water service w as yet undetermined due to a
need to coordinate wi the County Road 6 reconstruction
project.
MOTION by Co issioner Marofsky, seconded by
Commissioner Ti rney to recommend approval the request
by I.S.D. 284 for a Site Plan and Amended Conditional
Use Permit allow building additions of 7,000 square
feet (6,0rtrseceivingquarefeet of courtyard infill and a 1,000
square f and trash containment addition) at
Oakwood lementary School located at 17340 County Road 6
subje to the conditions listed in the February 11,
1991
MOTION TO APPROVE
R41 Call Vote. 4 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED
Acting Chairman Stulberg introduced the subject of
Zoning Ordinance Regulation of Greenhouses and
Nurseries. He advised the Commission that this was an
item that had been noted for further study by both the
Planning Commission and City Council during a previous
discussion of changes to the Zoning Ordinance regarding
outdoor display, sales and storage.
Coordinator Dillerud reviewed his memo of February 22,
1991. In that memo he had reviewed the history related
to this issue together with the current Zoning Ordinance
provisions of a general nature that would address
nurseries and greenhouses.
He summarized that nurseries and greenhouses would be
subject to the requirements of a Conditional Use Permit
with regard to the outdoor storage, display and sales in
the B -2 and B -3 Zoning Districts in the same manner as
with other uses that require outdoor storage, display
and sales.
Acting Chairman Stulberg then introduced Gerry Theis of
Dundee Nursery.
Planning Commission Minutes
February 27, 1991
Page 31
Commissioner Stulberg asked Mr. Theis what the problem
was with obtaining a Conditional Use Permit for outdoor
storage, display and sales once his site is within the
Urban Service Area of Plymouth, and appropriately zoned.
Mr. Theis indicated that the issues related to the
screening of his outdoor activities could potentially be
a problem. He noted that screening could become an
unreasonable burden upon any landscape or nursery
business, leading, in a worst case, to the requirement
that the growing of plants be screened from adjoining
properties.
Commissioner Marofsky stated that the City needs to
control outdoor storage of all types. He stated that he
could not understand why outdoor storage, sales and
display was more "natural" with nurseries and
greenhouses than it would be with any other retail uses
that rely on outdoor sales, storage and display.
Mr. Theis repeated that the one major difference is that
many nurseries and greenhouses, including his, include
outdoor growing of products as one their activities.
Commissioner Marofsky noted that Mr. Theis had
substantial rights of nonconformance in existence with
respect to the activities that are now undertaken at his
facility. Until such time as he required permission
from the City for some expansion or change of those
activities the City could not require him to obtain a
Conditional Use Permit with the resulting requirement of
screening for the outdoors sales, storage and display.
A simple change to his building that would not involve
modification of the outdoor activities would not
necessarily trigger a need for the Conditional Use
Permit and resulting screening.
Mr. Theis stated that he was concerned that future
Planning Commissions and City Councils may choose to
address the Ordinance in a manner less accommodating to
his continued business existence, and that he did not
wish to have surprises in the future.
Commissioner Marofsky stated that he was not sure
anything needed to be done with the Zoning Ordinance
regarding nurseries and greenhouses. He stated that the
Ordinance currently addresses the ,outdoor storage,
display and sales for uses in the commercial zoning
districts, including nurseries and greenhouses
adequately.
Commissioner Stulberg advised Mr. Theis that he might
wish to substantiate whatever nonconforming rights he
may have by preparing a certified survey and plan which
Planning Commission Minutes
February 21, 1991
Page 32
establishes the type of outdoor storage, display and
sales that is currently being undertaken, at his
facility.
Coordinator Dillerud mentioned that at the time the
current building at Dundee Nursery was constructed
following the fire in 1988 just such an inventory was
undertaken and is of record with the City.
Commissioner Zylla stated that the City must concentrate
on land use in general, not the specific concerns of an
individual business such as Dundee. He concluded that
the City needed the Conditional Use Permit process to
monitor and structure outdoor storage, display and sales
for many types of uses, including nurseries.
Commissioner Tierney stated that perhaps the Zoning
Ordinance is in need of new definitions to better
describe what constitutes a nursery or greenhouse. From
the definition, activities that are normally considered
accessory" could be determined.
Commissioner Marofsky stated that, over time, the
nursery and greenhouse industry will change naturally,
and writing too tight a definition at this time will
overly constrain the Zoning Ordinance with respect to
industry changes in the future.
Mr. Theis reiterated his concern that the growing of
plants could be subject to a Conditional Use Permit for
outdoor storage, or even prohibited altogether in the
future at his location.
MOTION by Commissioner Marofsky, seconded by MOTION TO APPROVE
Commissioner Zylla to advise the City Council that it is
the finding of the Planning Commission that the Zoning
Ordinance is now adequate to address the concerns of
Dundee Nursery with respect to the regulation and
control of nurseries and greenhouses based on a review
of existing Zoning Ordinance standards in that regard.
Vote. 4 Ayes. MOTION carried. VOTE- MOTION CARRIED
MOTION by Commissioner Mar ky, seconded by MOTION TO APPROVE
CommissionX Zylla the Planning Co on voted to not
meet on Marc 13, 1991.
Vote. 4 Ayes. XTION carries. \ VOTE- MOTION CARRIED
Meeting adjourned at`8;-.15 p.m.
9
M
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 22, 1991
TO: Planning Commission
FROM: Chuck Dillerud, Community Development Coordinator
SUBJECT: ZONING ORDINANCE STANDARDS WITH RESPECT TO NURSERIES AND GREENHOUSES
RArIMR011Nn
At its meeting December 5, 1990 the Planning Commission adopted a
recommendation to amend the Zoning Ordinance regarding outside sales, storage,
and display. During the hearing Gerry Theis of Dundee Nursery expressed
concern over the impact that the Zoning Ordinance Amendments might have on
nursery and greenhouse businesses. Mr. Theis had observed the earlier
deliberations by the Task Force that reported to the Commission.
Following the hearing, the Planning Commission also adopted a motion
recommending research of the outside sales, storage and display of merchandise
standards for greenhouses and nurseries.
On December 10, 1990 the City Council adopted the Zoning Ordinance Amendments
recommended by the Planning Commission. Mr. Theis appeared before the City
Council explaining his concerns.
The City Council unanimously adopted a motion directing Staff and the Planning
Commission to consider the issue of nurseries and greenhouses in Urban Zoning
Districts as a Conditional or Permitted Use relative to the outside storage,
display and sales standards.
ORDINANCE REQUIREMENTS
1. The Zoning Ordinance, in Section 8, Subdivision B, Item 16 specifically
makes reference to "Greenhouses and Nurseries with Retail Sales" as
allowed with a Conditional Use Permit in the B -2 (Retail) Zoning District
and allowed as a permitted use in the B -3 (Service) Zoning District.
2. Section 8, Subdivision B, Item 44 of the Zoning Ordinance specifies that
any permitted or accessory use such as sales, service, display or
storage of materials, products and vehicles conducted outside the
building containing the principal use" constitutes a use requiring a
Page Two
Conditional Use Permit in either the B -2 or the B -3 Zoning District.
This provision would then apply to any outdoor display, storage or sales
related to the greenhouse or nursery.
3. Section 10, Subdivision C, Paragraph 4 of the Zoning Ordinance specifies
that any outside storage shall be located and screened per plans approved
by the City so as not to be visible from any class of residence district,
from adjoining property, or from a public street.
The degree and nature of such screening or outside storage becomes a
primary issue and a determination as to whether a Conditional Use Permit
should be issued for such outside storage, regardless of the use of the
outside storage area. These considerations would be applied to ap
Conditional Use Permit for the outdoor storage normally associated with a
greenhouse or nursery business.
4. Section 10, Subdivision C, Paragraph 4 regulates storage and display of
materials.
5. Section 10, Subdivision C, Paragraph 6c of the Zoning Ordinance describes
allowable temporary outdoor promotional and merchandising activities.
Temporary sales activities" are allowed up to 10 times annually,
aggregating 60 days. These activities may be undertaken by
administrative permit in lieu of, or in addition to a Conditional Use
Permit for outside storage, display and sales.
EXPERIENCE
A recent project approved by the City Council included a nursery /greenhouse
retail business in the "Rockford Road Plaza Shopping Center ", developed by the
Ryan Construction at the northeast corner of County Road 9 and Interstate 494.
It involved a 28,000 square foot outdoor storage display and sales area. A
specific Conditional Use Permit was approved to permit the outdoor storage
requested to complement the nursery /greenhouse retail sales.
Neither the approval resolution nor the approved Site Plan make reference to
the specific kinds and types of materials or products that are permitted to be
stored, sold and displayed within the approved outdoor storage area. The Site
Plan does however specifically address the degree and type of screening
required.
There are several uses in the FRD District, including Dundee Nursery, that are
now allowed or are "grandfathered" from earlier ordinances with respect to
commercial activities in addition to nursery and /or greenhouse operations.
Those uses that are legitimate uses i.n the FRD District when the land they
occupy becomes serviced and eligible for rezoning to an urban classification,
would.be "grandfathered" into the new districts.
Current zoning standards will apply to such uses in the B -2 and B -3 districts
to the extent that new features are proposed, new construction is proposed, or
temporary promotions, sales, and similar activities are proposed.
Page Three
SUMMARY
The Zoning Ordinance does address nurseries /greenhouses as well as the outdoor
storage, display and sales that could be associated with a greenhouse /nursery.
While there is no specificity as to the types of products and materials that
can be stored outdoors, there is a specific requirement outdoor storage,
display and sales be properly screened from residential areas, adjoining
properties, and the public streets.
Gerry Theis, representing Dundee Nursery, has submitted a list of
products /activities that he has determined would be "normally" associated with
a "urban" nursery /greenhouse. I have attached Mr. Theis' letter and list for
consideration by the Planning Commission.
The Commission should review the information and determine the following in
response to the Council direction:
1. Do nurseries and greenhouses in the B -2 and B -3 districts need
special standards or provisions?
2. Are the current classifications (permitted in B -3, conditional in B-
2) appropriate?
3. Should outside activities be treated differently for nursery and
greenhouse operations? If so, specify which activities.
Planning staff finds that the Task Force treated nursery and greenhouse
operations as other B -2 and B -3 businesses -- this particular land use was not
singled out and it was not ignored.
The experience with formal, permanent nursery and greenhouse operations in the
urban districts has been minimal. It seems prudent to suggest that, absent
specific findings of immediate problems, the City should first observe actual
operations, i.e., Frank's Nursery and, eventually, Dundee Nursery to see if
the ordinance standards are inadequate or harmful. Today, further amendments
would seem to be speculative and mainly based upon anticipated conditions.
Mr. Theis' input is valuable and it would be appropriate to solicit his
observations in the future as well.
pc /cd /zo.nursery:jw)
02/15/91 15:44 DUNDEE PLYMOUTH NO.003 002
Blair:
Normal outdoor activity at a urban Garden Center, Greenhouse or Nursery.
Terms seem to be cc- mingled in the trade.)
1. outdoor sale of outdoor plants
2. outdoor storage and some growing of the same
3. outdoor sale and storage of gardening items:
a. package goods
yard barns (storage)
gazebos
yard structures
play equipmnt
peat moss
manure
soil
mulches.
statuary and other pots
b. bulk items - purchased by the trailer load
soil
peat
rock
wood chips, etc
straw
hay
4. wind, sun, frost protection for plants with temporary solar houses
and lath houses and fencing
It may be possible to separate areas that are open to the public from
private production areas.
Also, the need for equiptment to be stored - parked etc.
Maybe we can exempt nurseries, etc, from signage limits? We have
1,000+ signs for plant information.
Even decorating at Christmas time may be covered by the ordinance at
this time.
02. 15. 91 03:50 PM P02
Special
December
Page 506
Council Mee)ng
10, 1990 -
MOTION was made by Councilmember Zitur, seconded
by Councilmember Vasiliou, to adopt RESOLUTION
NO. 90 -800 APPROVING CHANGE ORDER NO. 2, COUNTY
ROAD 101 TRUNK WATERMAIN, CITY PROJECT NO. 012.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Zitur, e
by Councilmember Vasiliou, to adopt RESO1
NO. 90 -801 ORDERING PUBLIC HEARING ON THE
PROPOSED VACATION OF DRAINAGE AND UTIL
EASEMENT, LOT 8, BLOCK 3, SWAN LAKE WE0.
Motion carried on a roll call voter Aive ayes.
MOTION was made by Councilmember, itur, seconded
by Councilmember Vasiliou, to a pt RESOLUTION
NO. 90 -802 ORDERING PUBLIC NG ON THE
PROPOSED VACATION OF A DRAINA EASEMENT FOR
PONDING PURPOSES, LOT 21 B 11 RIDGECREST 3RD
ADDITION.
Motion carried on a roll
Item 7 -T was deferred
December 17. /
vote, five ayes.
consideration until
CH]AGE ORDER
2, COUNTY ROAD
O1 TRUNK
WATERMAIN,
PROJECT NO. 012
Item *7-Q -2
RESOLUTION 90 -801
ORDERING HEARING
ON VACATION OF
EASEMENT, SWAN
LAKE WEST
Item *7 -R
RESOLUTION 90 -802
ORDERING HEARING
ON VACATION OF
EASEMENT IN
RIDGECREST 3RD
ADDITION
Item *7 -S
Tax Increment/
Commercial Uses
Item 7 -T
Item 7 -U was defe red for consideration until D.A.R.E. Program
December 17. Funding
Item 7 -U
Counciimembe Ricker suggested that no action be Request to Hire
taken on t request to hire two additional Two Additional
police of icers since the budget will be adopted Police Officers
on Dece er 11. No action was taken by the Item 7 V
Community Development Director Tremere described Zoning Ordinance
various Zoning Ordinance amendments relating to Amendments
parking for multiple family units, completion of Item 7 -W
entrance monuments and perimeter landscape
improvement, and temporary sign provisions:
These were recommended for approval by the
Planning Commission.
Jerry Theis, Dundee Nursery, stated that one
provision could impact nurseries in B -3 Districts
ecial Council Meeting
iDecember 10, 1990
Page 507
by requiring a Conditional Use Permit, even
though they are a permitted use given the nature
of greenhouses and nurseries which can involve
outside uses. He stated that he presented his
concerns to the Planning Commission, who
suggested that perhaps the specific use of urban -
zoned nurseries should be studied further. He
requested that the Council direct this to be
studied further..
MOTION was made by Councilmember Ricker, seconded
by Mayor Bergman, to direct staff and the
Planning Commission to consider the issue of
nurseries and greenhouses in urban zoning
districts as a conditional or permitted use
relative to outside storage, display and sales.
Motion carried, five ayes.
Discussion was held on the recommended provisions
for perimeter landscaping and monument signs in
PUD's.
MOTION was made by Mayor Bergman, seconded by ORDINANCE 90 -38
Councilmember Zitur, to adopt ORDINANCE NO. 90 -38 AMENDING ZONING
AMENDING PORTIONS OF THE ORDINANCE 80 -9 ADOPTED ORDINANCE
JUNE 161 1980, AS AMENDED, AND KNOWN AS THE Item 7-W
PLYMOUTH ZONING ORDINANCE, deleting Section 1
which would reduce the side yard setback in R -lA
Districts as recommended by the Planning
Commission, and deleting Section 2 to be
rewritten by staff to clarify the situation of
phased projects and interior common area
improvements.
Motion carried on a roll call vote, five ayes.
mommme
MOTION was mad by Councilmember Zitur, seconded
by Councilmember asiliou, to adopt RESOLUTION
N0. 90 -803 AUTHORI G CONDEMNATION PROCEEDINGS
NORTHCENTRAL TRUNK S R, CITY PROJECT NO. 015.
Motion carried on a roll "6q 1 1 vote, five ayes.
RESOLUTION 90 -803
AUTHORIZING
CONDEMNATION
PROCEEDINGS
NORTHCENTRAL TRUNK
SEWER,
PROJECT NO. 015
Item *7 -X
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
DECEMBER 5, 1990
The Regular Meeting of the City of Plymouth Planning
Commission was called to order at 7:00 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
John Wire, Hal Pierce, Dennis Zylla, Joy
Tierney, Larry Marofsky, and Michael
Stulberg (arrived at 7:40 p.m.).
MEMBERS ABSENT: None.
STAFF PRESENT: Coordinator Charles Dillerud, Director
Blair Tremere, City Engineer Dan
Faulkner, and Sr. Clerk /Typist Denise
Lanthier.
MINUTES
ning
Commission is tabling th reenwalt
Development a itioner's written request
Chairman Plufka introduced the continued public hearing
for the Zoning Ordinance amendment regarding standards for
outside display, storage and sale of merchandise.
Chairman Plufka reopened the public hearing from the
November 28, 1990, Planning Commission meeting.
Commissioner Marofsky noted a typographical error in the
Zoning Ordinance Draft Amendment No. 6. He noted that the
word "there" should be changed to "where" on Page 2,
Paragraph 3.a., Line 3 of the staff memorandum.
Commissioner Marofsky stated that he does not feel
comfortable adding Paragraphs (1) e. and f. under Section
10, Subdivision C, Paragraph 6.c. He stated he believes
these paragraphs should be set apart for clear reference
to transient merchant /sales.
Chairman Plufka noted the Planning Commission's receipt of
a letter from Jerry Theis of Dundee Nursery & Landscaping
Co. dated November 21, 1990.
Chairman Plufka introduced Jerry Theis of Dundee Nursery &
Landscaping Co.
ZONING ORDINANCE
AMENDMENT
Planning Commission Minutes..
December 5, 1990 :?
Page 218
Mr. Theis stated he is concerned that adoption of the
Zoning Ordinance amendment will envelop his company
causing him to apply for Conditional Use Permits or
Administrative Permits even though they are a permitted
use.
Chairman Plufka closed the public hearing.
MOTION by Chairman Plufka, seconded by Commissioner MOTION TO APPROVE
Marofsky, to recommend approval of the Zoning Ordinance
amendment regarding' standards for outside display, storage
and sale of merchandise.
Commissioner Marofsky stated that transient
merchants /produce merchants should not be allowed outside
storage in B -1 Business Districts.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Pierce, to amend Zoning Ordinance Draft Amendment No. 6 to
insert the words "B -2 and B -3" before the word "BUSINESS"
in third line of Paragraph 3.c.
Commissioner Pierce asked if, by this amendment, the
outside storage standards will change for greenhouses and
nurseries.
Director Tremere responded affirmatively to the extent
that these standards impact greehouses and nurseries.
There are no specific standards for greenhouses and
nurseries.
Roll Call Vote on Motion to Amend. 6 Ayes. MOTION VOTE - MOTION TO AMEND
carried. CARRIED
Roll Call Vote on Main Motion. 6 Ayes. MOTION carried. VOTE - MAIN MOTION
CARRIED
MOTION by Chairman Plufka, seconded by Commissioner MOTION TO ADVISE CITY
Pierce, to request staff to research the outside storage COUNCIL
and display of merchandise for greenhouses and nurseries
in preparation for a Planning Commission study of the
subject.
Director Tremere was requested by the Planning Commission
to contact the nursery and greenhouse owners of Plymouth
to participate in the study.
Commissioner Wire stated the City should look at
administratively exempting Dundee Nursery & Landscaping
Co. from this Zoning Ordinance amendment instead of
webbing the ordinance around them.
Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED
I MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 21, 1991
TO: Planning mi ion
FROM: Chuck D 11 Community Development Director
SUBJECT: ZONING INANCE TEXT AMENDMENTS - -ADULT CORRECTION FACILITIES
On September 4, 1991, the City Council adopted Resolution 91 -512 requesting
the Planning Commission to study and recommend whether additional requirements
for spacial or other buffering of adult correction facilities from adjacent
neighborhoods should be adopted. I have enclosed a copy of both the City
Council Minutes from September 4, 1991, and Resolution 91 -512.
Responsive to this direction I advertised public notice of a hearing to
consider such amendments for the Planning Commission meeting of November 27,
1991. I also, by letter, advised two neighbors of the County Adult Correction
Facility referred to me by Councilmember Vasiliou that the Planning Commission
would be considering this City Council direction at the meeting on November
27, 1991.
I have, since publishing and mailing the notice of the Planning Commission's
November 27, 1991 consideration of this matter, been advised by both
Councilmember Vasiliou and representatives of the adjoining neighborhood that,
due to religious services and holiday travel, November 27, would not be an
appropriate time at which to consider these matters if the maximum
participation by the adjacent neighborhood is to be assured. Since the
momentum for the consideration of Zoning Ordinance amendments regarding adult
correction facilities is from the adjoining neighborhood it seems reasonable
to continue consideration of this matter to a Planning Commission meeting that
will result in a greater turnout of these property owners.
I have advised the neighborhood representatives that the current agenda volume
suggests the Planning Commission may wish to consider only a single meeting
during the busy month of December. In an effort to "gather" as many pending
applications as possible I have suggested December 18 as the December meeting
date. In the alternative, should this date not be best for the adjoining
neighborhood, we can still consider this matter at a meeting on December 11.
I will advise the Planning Commission at our meeting of November 27 as to what
I have heard from the neighborhood with regard to an acceptable date as to
which to consider these matters.
I have also attached to this memorandum photo copies of those portions of our
Zoning Ordinance that deal with adult correction facilities. Please review
these existing ordinance standards in preparation for the consideration of
additional standards that may result from hearing testimony from the
neighboring property owners.
pc /cd /adult)
Regular Council Meeting
September 4, 1991
Page 338
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to adopt RESOLUTION NO.
91 -512 HENNEPIN COUNTY ADULT CORRECTIONS
FACILITY, asking the Planning Commission to study
and recommend whether additional requirements for
spacial or other buffering of adult correctional
facilities from adjacent neighborhoods should be
adopted.
Greg Bohnert, 845 Ranchview Lane, supported the
Council's motion. He stated this 400 bed
facility is the third or fourth largest "prison"
in the state. The demographics of the facility
have changed greatly, and the size of the work
release program has increased. The women's
facility was recently expanded and parking
improvements were made on the site. He stated
the City is reactionary each time Hennepin County
requests expansion or modification of the
facility. This study would be a proactive
approach where affected property owners could be
involved with the discussions.
Councilmember Vasiliou stated the County's master
plan shows an expansion of the facility. If the
City cannot stop the expansion, perhaps some
controls can be developed so it minimally affects
the abutting neighborhood. She requested that
the neighborhood representatives be advised of
the discussions.
Motion carried on a roll call vote, five ayes.
seconded by Mayor Bergman, that consideration of
the City Center space needs report be deferred
until after the 1992 budget sessions.
Councilmember Vasiliou stated that going f
with this project would draw down rese to
about $100,000. She doesn't fee ortable
running the reserves that 1 out knowing
what the 1992 budget
Councilme itur stated he is not willing to
do t ire project, but feels it needs to move
RESOLUTION 91 -512
HENNEPIN COUNTY
ADULT CORRECTIONS
FACILITY
Item 7 -N
Needs
CITY OF PLYMOUTH
RESOLUTION NO. 91 -512
HENNEPIN COUNTY ADULT CORRECTIONS FACILITY
WHEREAS, the Hennepin County Adult Corrections Facility (ACF) is
defined in the City Zoning Code as an adult correctional
facility; and
WHEREAS, the Zoning Code further provides that an adult
correctional facility is allowed in a non - residential zoning
district as a conditional use; and
WHEREAS, the ACF has been acknowledged as a nonconforming
conditional use within the residential zoning district; and
WHEREAS, the ACF has had an approved master plan on file with the
City of Plymouth since 1983, and such plan was most recently
updated and approved July 22, 1991; and
WHEREAS, the City Council has periodically reviewed the impact of
this conditional use on the adjacent neighborhoods so as to
minimize adverse impacts from the operations of the facility;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the Planning Commission, is
hereby directed to review the City's Zoning Code with respect to
the possible need for additional requirements for spacial or
other buffering of adult correctional facilities from adjacent
neighborhoods and /or such other recommendations they may wish to
make with respect to similar conditional uses.
Adopted by the City Council on September 4,, 1991
PLYMOUTH ZONING ORDINANCE
DISTRICTS
FRD R -lA R -1B R -2 R -3 R -4
11. C C C C C C
12. P P P P P P
13. C C C C C C
14. -- C C C fflr C
15. C C C /C C C
16. -- f/ C C C C
18. C
Section 7, Subdivision C
MM
more horses, nurseries,
greenhouses for growing onl
landscape gardening and t
farms, including
sale of products gro n
premises.
Parks and recre onal areas
owned or oper d by public
bodies, oth than the City of
Plymouth
Golf c ses (except club houses,
mini re courses and driving tees
ope ted for commercial purposes)
ivate recreational facilities,
including those for golf, tennis,
and swimming, located on the
premises of clubs, schools, and
Places of Worship. (Amended Ord.
89 -02)
Nursery, elementary and secondary,
public and private schools.
Amended Ord. 89 -02)
Place of Worship, as specifically
regulated in this Ordinance.
Amended Ord. 89 -02)
Day Care Facility operated in a
Place of Worship or in public or
private schools, as regulated in
Section 9. (Amended Ord. 89 -02 &
Ord. 89 -38)
Day Care Facility serving up to 16
persons operated on the premises
of an allowed Multiple Family
Dwelling or Dwellings, as
regulated in Section 9. (Amend.
C C C C C - Municipal administrative and
service buildings or uses, public
libraries, museums, post offices
and the like except incompatible
activity of an industrial
character; and Adult Corrections
7 -5
PLYMOUTH ZONING ORDINANCE
Section 7, Subdivision C
DISTRICTS MM
FRD R -lA R -16 R -2 R -3 R -4
18. (cont.) Facilities in operation as of
November 20, 1989. (Amend. Ord.
89 -38 & 90 -091
20. C C C C C C
21. P P P P P P
22. C C C C C C
23. C C C C C C
24. C C C C C C
25. -- P P P P P
26. -- -- -- -- -- / C
27. -- -- -- -- -- C
28. -- -- -- -- C
0
C C C
A A A
7 -6
Essential serv' a buildings
Home Occupat' n as defined by this
Ordinance nd. Ord. 88 -37)
Home Occ tion Conditional as
defined y this Ordinance (Amend.
Ord. 31)
Rai oad rights of way
metery
Temporary real estate office
until development is completed).
See Subdivision F (Amended Ord.
No. 82 -08)
Nursing Homes. (Amended Ord.
83 -12, 87 -16, 89 -38)
Hospitals
Private clubs and lodges (except
those carried on as a business
type use)
Riding academies
Dog kennels as a secondary use,
pet cemeteries
Mining or land reclamation.
Barns, stables, silos, other
agricultural buildings
Keeping of not more than two (2)
hnarders_or roomers by a resident
ami iv.
PLYMOUTH ZONING ORDINANCE
Section 1, Subdivision D
SUBDIVISION D - SCHEDULE OF LOT AREAS, DEPTH, WIDTH, COVERAGE, SETBACKS,
AND HEIGHT REGULATIONS IN RE IDENCE DISTRICTS.
NOTE:
Lots in the Flood Plain or Shoreland Man gement Overlay Districts are subject
to the Special Protection District re ui ments as set forth in Section 5 of
this Ordinance. (Amended Ord. No. 82 -33
FRD R -IA R -1B R -2* R -3* R -4*
1. Minimum Lot Area per Unit
in Square
Amended Ord. 89 -02
a. Dwellings, one family 20 Ac.18,500 15,000 15,000 -- --
b. Dwellin §s, two family -- -- 9,250 9,250 6,000 5,000
c. Dwellings, over two family -- -- -- -- 6,000 4,000
ww;b d. Other Uses 20 Ac. 3 Ac. 3 Ac. 3 Ac. 5 Ac. 5 Ac.
Amended Ord. 89 -02)
e. Minimum total lot area for
more than 2 units per
structure -- -- -- 1 Ac. 1 Ac. 1 Ac.
f. Dwellings in a Residential
Planned Unit Development As shown on the Approved Final Plan
Items a. & d. Amended Ord. 89 -16)
2. Maximum Lot Area of All Non-
50 50
resident Conditional Uses
130 130
Amended Ord. 89 -02) 10 Ac.
3. Minimum Lot Depth in Feet
20% 20%
a. Dwellings, one family 300 120
b. Dwellings, two family
c. Dwellings, over two
W"00 family
d. Other uses 300 200
4. Minimum Lot Width in Feet
a. Dwellings; one family 500 110
b. Dwellings, two family
per dwellin unit
Ord. 86 -01}
g
c. Dwellings, over two
family
d. Other uses 500 200
Items a. & d. Amended Ord.-89 -16)
5. Maximum Lot Coverage 20% 20%
all Structures Ord.88 -45
89 -02)
6. Maximum Impervious Surface -- 50%
of All Non - residence Condi-
tional Uses * * * * ** (Ord. 89 -02)
1 -9
10 Ac. 10 Ac. 40 Ac. 40 Ac.
120 120 -- --
130 130 -- --
130 130 130
200 200 200 200
90 90
50 50 40 40
130 130 130
200 200 200 200
20% 20% 20% 20%
50% 50% 60% 60%
N
r
PLYMOUTH ZO NG ORDINANCE
Section 7, Subdivision D
10. Maximum Building Height in
a. Principal_Structure 35 feet or 3 stories, whichever is greater
for all Districts.
b. Accessory Structure 35 15 15 25 25 25
11. Minimum Distance Between
Principal Buildings on
Same Lot -- -- -- 30 35 35
or standards of the State Building Code,
whichever is greater)
7 -10
FRD R -1A R -1B R -2* R -3* R -4*
7. Minimum Front Yard in Feet ** Applies to Each Street Frontage)
a. Dwellings, abutting an
Arterial Street 50
100
50
50
50
50
50
50
50
50
50
50r0b. Other Uses
c. Dwellings, one family 50 35 35 35
d. Dwellings, two family 50 35 35 35 35 35
e. Dwellings, over two family 50 50 50 50
Amended Ord. 86 -07 and 86 -26)
8. Minimum Side Yard in Feet **
a. Dwellings, one family 15 15 10 10
b. Dwellings, two family 15 15 10 10 20 20
C. Other Uses 30 30 30 30 30 30
W NP d. Other Uses abutting
residences 50 50 50 50 50 50
e. Detached accessory uses 15 6 6 10 20 20
f. Attached accessory uses
Items 8 a. & b. Amend. Ord.
15
89- 37)(Items
15
8
10 10
e. & f. Amend.
20
Ord. 90 -4)
20
9. Minimum Rear Yard in Feet **
a. Dwellings, one family 25 25 20 15
b. Dwellings, two family 25 25 20 15 15 15
c. Other Uses 40 40 35 30 30 30
Soo4 d. Other Uses abutting
residences 50 50 50 50 50 50
e. Detached accessory uses 25 6 6 15 15 15
f. Abutting an arterial
street 50 50 50 50 50 50
10. Maximum Building Height in
a. Principal_Structure 35 feet or 3 stories, whichever is greater
for all Districts.
b. Accessory Structure 35 15 15 25 25 25
11. Minimum Distance Between
Principal Buildings on
Same Lot -- -- -- 30 35 35
or standards of the State Building Code,
whichever is greater)
7 -10
PLYMOUTH ZONING ORDINANCE
x Section 7, Subdivision D
FRD R -1A R -1B R -2 R -3 R -4
12. Minimum Width. in Feet * * **
a. Detached Dwellings 22 22 22 22 22
b. Class I Manufactured Homes,
other than in a Manu-
factured Home Park * * * ** -- -- -- 22 22
See Subdivision E of this Section
See Section 10 for additional regulations and exceptions
See Section 10, Subdivision C for further height regulations
and modifications
Measured at narrowest dimension
See Section 9, Subdivision C for standards and requirements for
Manufactured Home Park Developments.
These provisions do not apply to any parcel of land which was
being used for a non - residence conditional use as of March 2, 1989.
Amended Ord. 89 -02) (Amended Ord. No. 82 -26, Ord. 86 -26, and
Ord. 89 -02)
7 -11
IN
PLYMOUTH ZONING ORDINANCE
Section 9, Subdivision E
SUBDIVISION E - RESIDENTIAL FACILITIES, DAY CARE FACILITIES AND CORRECTIONAL
FACILITIES AND SHELTERS
1. Purpose
The provisions of this section of the Zoning Ordinance are intended to
provide guidelines and requirements for the development and operation of
various care and correctional facilities and shelters which the City
Council by resolution may authorize as conditional uses when such
facilities are allowed by this ordinance, to protect the health, safety,
and welfare of the community and of the person occupying said facilities,
and to assure harmony with the Comprehensive Plan of the City.
Application requirements.
a. Applications for a conditional use permit shall be made by the owner
or owners of the property and shall be filed with the Zoning
Administrator. Owners may designate, in writing, an agent, such as
the prospective developer or operator; the owner must, in all cases
sign the application. All applications shall be accompanied by an
administrative fee as prescribed by the City Code and shall include
the information described herein.
b. Complete applications shall contain the following:
1) A description of the proposed use and of its conformance with the
conditional use permit standards as set forth in Section 9,
Subdivision A, and with the standards set forth in this
subdivision.
2) A legal description of the site, including Hennepin County
property identification number(s).
3) A map showing the site and all property within 500 feet of the
boundaries except for day care facilities serving more than 16
persons; residential facilities serving more than 16 persons;
residential shelters; community correctional facilities; and adult
correction facilities where all property within 1,000 feet of the
boundaries of the site shall be shown.
4) The names and addresses on self- adhesive mailing labels of the
owners of record of all property within 1,320 feet of the
boundaries of the site as the same appear on the records of the
Hennepin County auditor. The certified lists from the County
shall be submitted.
5) Written verification of whether there are any comparable
facilities licensed by the State of Minnesota within 1,320 feet of
the subject site at the time of application; if there are such
facilities, they shall be listed by address and type of facility.
9 -31
PLYMOUTH ZONING ORDINANCE
Section 9, Subdivision E
c. A copy of coordination plans with applicable public safety, health ,
care, and correctional agencies. This includes indication of the
person or persons responsible during emergency including the address
and telephone number where such persons may be reached 24 hours -a -day.
2. Development standards and performance criteria.
a. Facilities shall comply with all applicable codes and regulations and
shall have, current and in effect, the appropriate State licenses.
b. On -site services and treatment at residential facilities and
correctional facilities shall be for residents and inmates of the
facility only, and shall not be for nonresidents or persons outside
the facility.
c. All new buildings or additions to existing buildings shall be
consistent with the scale and character of the buildings in the
neighborhood. Exterior building materials shall also be harmonious
with other buildings in the neighborhood.
d. No residential facility and no day care facility shall be closer than
1,320 feet from another licensed facility.
e. No correctional facility shall be closer than 1,320 feet from another
licensed correctional facility or from any property designated on the
Land Use Guide Plan as residential and /or designated on the approved
zoning map as residential.
f. The conditional use permit is only valid as long as a valid State
license is held by the operator of the facility where such license is
required.
g. Appropriate transition to neighboring property shall be provided by
landscaping and site design consistent with the City ordinances and
policies.
h. All facilities are subject to the applicable regulations with respect
to signs, parking, and performance standards for the respective uses
and zoning districts.
3. Enforcement,-'review and renewal, revocation, permit amendment, and
expiration shall be subject to the procedures and requirements as set
forth in Subdivision A of this section.
9 -32
PLYMOUTH ZONING ORDINANCE
Section 9, Subdivision F
SUBDIVISION F - GASOLINE SERVICE STATIONS (Ordinance 90 -38)
1. Purpose
The standards of this section are intended to provide supplemental
guidelines and requirements for the development and operation of gasoline
service stations, which the City Council, by Resolution, may authorize as
conditional uses when such facilities are allowed by this ordinance and by
the City Code licensing requirements to protect the health, safety and
welfare of the community and to assure harmony with the Comprehensive Plan
of the City.
2. Application Requirements
Application for a Conditional Use Permit for a gasoline service station
shall be made by the owner or owners of the property and shall be filed
with the Zoning Administrator, consistent with the requirements of Section
9, Subdivision A. Owners may designate, in writing, an agent such as the
prospective developer or operator; the owner must, in all cases, sign the
application. All applications shall be accompanied by an administrative
fee as prescribed by the City Code and shall include the information
required by this ordinance.
3. Special Development Standards and Performance Criteria
a. Abutment to Certain Streets Required. Gasoline service station sites
shall have approved direct or indirect proximate access to an arterial
road; where direct access is not allowed or feasible, indirect
proximate access shall be via an approved service road or similar
public road.
b. Regulation of Driveways. No driveway in a gasoline service station,
at the point it crosses the property line of the site, will be within
40 feet of an intersection. An "intersection" as used in this
Subsection means the point of intersection of the extended curb lines
of the curbs on the near side of the site, and measurement shall be
along such extended curb lines. No gasoline service station shall
have more than two driveways on any one street and neither of them
shall have a width in excess of 30 feet. No driveway will be flared
outward on the boulevard in such a way as to encroach upon the
boulevard of adjacent property.
c. Frontage and Area Requirements. The minimum frontage of a gasoline
service station on any street will be 120 feet and.the minimum area of
the site will be that prescribed by this ordinance for lots in the
district where the site is located.
d. Buffer or Screening Area. Screening will be so constructed as to
positively keep headlight beams of vehicles on the station property
from beaming onto adjacent property.
9 -33
PLYMOUTH ZONING ORDINANCE
Section 10, Subdivision B
TABLE 1 PARKING LOT DESIGN
er.+t lotlot l
curt l++re`
i`
Y. l side lot
line
v tnNOle e
curb
line '
ewe. let 119e, .e+ - I -
PARKING LAYOUT REQUIRED MINIMUM DIMENSIONS (in feet)
FOR 9 -FOOT STALLS AT VARIOUS ANGLES
S
10 -35
Dimension Diagram
450 600 750 900
Stall Width, parallel to aisle* A 12.7 10.4 9.3 9.0
Stall length of line B 25.0 22.0 20.0 18.
Stall depth C 17.5 19.0 19.5 18.5
Aisle width between stall lines D 12.0 16.0 23.0 26.0
Stall depth, interlock E 15.3 17.5 18.8 18.5
Module, edge of pavement to interlock F 44.8 52.5 61.3 63.0
Module, interlocking G 42.6 51.0 61.0 63.0
Module, interlock to curb face H 42.8 50.2 58.8 60.5
Bumper overhand (typical) I 2.0 2.3 2.5 2.5
Offset J 6.3 2.7 0.5 0.0
Side and rear yard setback K For resident uses in residence
of parking to lot line
Amended Ord. 89 -02)
district: as requi d for
accessory building.jFor Non-
resident uses in residence
district
30 ft Non - residence districts: 20
Cross aisle, one -way L 14.0 4.0 14.0 1
Cross aisle, two -way 24.0 24.0 24.0 24.0
Front yard setback M R Districts Residence Uses: 20 feet
4& of parking to lot line R Districts Non - residence Uses: 30ft
Amended Ord. 89 -02) B Districts: 20 ft., Industrial
District: 50 ft.
Setback of parking or'drive N R -2, R -3 and R -4 Districts: 20 feet
from principal building All Non - residence Districts: 10 feet
Front lot line to drive 0
89
R Districts Residence Uses: 10 feet
R Districts Non - residence Uses: 30ft.* landscape area) (Amended Ord 02)
B Districts: 10 feet
Side and rear lot line to drive P
Industrial Di "strict: 25 feet
Residence District: one and two
family (landscape area) (Amended Ord. 89 -02) dwellings: 3 feet; other residential
uses: as required for accessory
buildings; other Non - residence uses:
30 feet. Non - residence Districts: 15
feet.
Required handicap stalls and ramps shall be per State Code.
10 -35
6*A*
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: November 21, 1991 COMMISSION MEETING DATE: November 27, 1991
FILE NO.: 91103
PETITIONER: Laukka - Williams Parkers Lake
REQUEST: Mixed Planned Unit Development Final Plat /Final Site Plan for
Parkers Lake North 7th Addition"
LOCATION: Southwest corner of 22nd Avenue North and Shenandoah Lane
GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential)
ZONING: MPUD 83 -1
BACKGROUND:
The MPUD Concept Plan for the overall Parkers Lake Development was approved by
the City on March 21, 1983 by Resolution 83 -124, and included a total of 425
acres. The approved Concept Plan consisted of residential, commercial and
industrial land uses. The MPUD Preliminary Plan /Plat Parkers Lake Development
Stage B (Parkers Lake North) was approved on May 21, 1984 by Resolution 84 -323.
A revised MPUD Preliminary Plan /Plat, Conditional Use Permit for the overall
Parkers Lake North was approved on March 16, 1987 by Resolution 87 -176. The
current approved PUD Plan calls for a maximum of 1,147 dwelling units; a 5 acre
commercial site; and, 52 acres of industrial property.
The approved MPUD Plan creates 12 "areas" of development, public park, and public
trailways. While a maximum dwelling unit count of 1,147 units was approved, the
dwelling units were not shown as specific types because the applicant requested
design flexibility as market dictated. Only density ranges were approved for
each of the residential areas. The density ranges equal the maximum dwelling
unit count of 1,147 and as areas develop, density ranges and reports are adjusted
accordingly so as not to exceed the maximum building unit count of 1,147.
On May 7, 1990 the City Council, by Resolution 90 -291 approved an MPUD
Preliminary Plat /Plan and Conditional Use Permit together with subdivision
ordinance variances for the townhouse project "Parkers Lake North 6th Addition ".
The approval action was subject to 19 conditions. Subdivision ordinance
variances were granted to create lots without frontage on public streets, and to
create lots on less than 30 foot widths at the rear property line. This
application includes minor modifications to that Final Site Plan to ensure
capatibility. The Final Site Plan was approved by Resolution 90 -632 on October
1, 1990.
Page Two
File 91103
On October 7, 1991 the City Council, by Resolution 91 -592, approved a Mixed
Planned Unit Development Preliminary Plan /Plat, Conditional Use Permit and
Subdivision Ordinance Variances for the townhouse project " Parkers Lake North 7th
Addition ". The approval action was subject to 19 conditions. A Subdivision
Ordinance Variance was granted to create lots without frontage on public streets.
This application is for a MPUD Final Plan and Final Site Plan for 80 unit
townhouse project for which the PUD Preliminary Plat and Plan was approved.
An MPUD Final Site Plan involving residential development must be reviewed by the
Planning Commissioner and approved by the City Council, but no public hearing or
adjoining property notification is required.
PRIMARY ISSUES AND ANALYSIS:
1. The Plymouth Zoning Ordinance, Section 9, Subdivision 6, provides that a PUD
Final Plat and Site Plan shall be in substantial compliance with the approved
Preliminary Site Plan and Plat. Substantial compliance for a residential
project means the number of residential living units has not been increased;
open space has not been decreased or altered to change its original intended
design or use; and, all special conditions prescribed in the Preliminary Site
Plan and Plat by the City Council had been incorporated into the Final Site
Plan and Plat.
2. This Site Plan meets all standards of the Zoning Ordinance and other City
codes, ordinances, and policies related to site design in this zoning
district except as may be modified by previous preliminary plan approval
conditions. Specifically, landscaping is consistent with the Landscape
Policy; setbacks are consistent with the Zoning Ordinance or the approved PUD
Plan specification; trash is to be handled on an individual basis within the
principal structure; no outdoor lighting of parking areas is proposed; no
rooftop mechanical are proposed; offstreet parking is consistent with
Ordinance Standards (as modified by the previously approved "Proof -of-
Parking" Plan); and, internal driveways and related improvements are
consistent with City Engineering standards (except as noted in the original
Preliminary Plan approval).
3. The architectural appearance of the structures proposed will be of a two
story wood frame design similar to the existing townhouse structures in the
immediate neighborhood. The substantially varied roof lines will provide an
interesting architectural appearance consistent with the architectural theme
already established by the Parkers Lake North 6th Addition and previous
similar developments in the area.
4. No plans for project signage have been submitted and therefore no Master Sign
Plan has been reviewed or can be approved concurrent with this application.
A Master Sign Plan has been approved however for the overall Parkers Lake
North MPUD and that Sign Plan will apply to this Final Site Plan.
Page Three
File 91103
5. Minor modifications to the offstreet parking and circulation component of the
Final Site Plan for the Parkers Lake North 6th Addition (immediately to the
south) are required for compatibility with the Parkers Lake North 7th
Addition. Those modifications have been reviewed by the Development Review
Committee and are found to be in compliance with Zoning Ordinance Standards
and such other standards and policies as applied to site design in this
zoning district.
PLANNING STAFF COMMENTS:
1. The MPUD Final Site Plan meets PUD Ordinance Standards with respect to
compliance with the approved Preliminary Plan for the number of dwelling
units and the amount of open space provided. The plan also responds to those
special conditions of the Preliminary Plan /Plat approval resolution applied.
The MPUD Final Site Plan meets the standards of the Zoning Ordinance and
other related codes and ordinances except with respect to the items of design
flexibility in site design approved with the PUD Preliminary Plan and
Conditional Use Permit.
2. The MPUD Final Plat meets the standards of the Subdivision Ordinance except
with respect to frontage on a public street and lot width at the rear
property line as approved as variances with the Preliminary Plan and Plat.
3. The amendments to the MPUD Final Site Plan for the Parkers Lake North 6th
Addition comply with all Zoning Ordinance Standards as well as the standards
of such codes and ordinances as applied to development in this zoning
district.
RECOMMENDATION:
I recommend adoption of the attached resolutions providing for the approval of
the Final Plat for the Parkers Lake North 7th Addition, Setting Conditions Prior
to Recording of the Final Plat; approving the MPUD Final Site Plan; and, amending
the MPUD Final Site Plan for the Parkers Lake North 6th Addition.
Submitted by: S
Ch es E. Dil er d, ommunity DevelopmententDirector
ATTACHMENTS:
1. Resolution Approving the MPUD Final Plat for the Parkers Lake North 7th
Addition
2. Resolution Setting Conditions Prior to Recording of the Final Plat
3. Resolution Approving the MPUD Final Site Plan for the Parkers Lake North 7th
Addition
4. Resolution Approving an Amendment to the MPUD Final Site Plan for the Parkers
Lake North 6th Addition
5. Engineer's Memo
6. Location Map
7. Final Site Plan
8. Final Plat
pc /jk /91103)
APPROVING MPUD FINAL PLAT AND DEVELOPMENT CONTRACT FOR LAUKKA - WILLIAMS PARKERS
LAKE FOR " PARKERS LAKE 7TH ADDITION" (91103) (MPUD 83 -1)
WHEREAS, Laukka- Williams Parkers Lake has requested approval of an MPUD Final
Plat for "Parkers Lake North 7th Addition" located at the southwest corner of
22nd Avenue North and Shenandoah Lane; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; 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 MPUD Final
Plat and Development Contract for Lauuka - Williams Parkers Lake for "Parkers
Lake North 7th Addition" located at the southwest corner of 22nd Avenue North
and Shenandoah Lane; 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 /91103.fp)
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO MPUD FINAL PLAT
FOR LAUKKA - WILLIAMS PARKERS LAKE FOR " PARKERS LAKE NORTH 7TH ADDITION"
91103) (MPUD 83 -1)
WHEREAS, the City Council has approved the MPUD Final Plat and Development
Contract for Laukka- Williams Parkers Lake for " Parkers Lake North 7th Addition
located at the southwest corner of 22nd Avenue North and Shenandoah 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 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. No building permits shall be issued until a contract has been awarded for
the construction of municipal sewer and water.
4. 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.
5. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
6. No building permits to be issued until the Final Plat is filed and
recorded with Hennepin County.
7. Appropriate legal documents regarding Homeowner Association covenants and
restrictions, as approved by the City Attorney, shall be filed with the
Final Plat.
8. The Final Plat mylars shall contain a statement noting that the plat is
part of the approved MPUD 83 -1 per Section 9 of the Zoning Ordinance.
9. Access shall be limited to internal public roads and prohibited from
Shenandoah Lane and 22nd Avenue North.
10. The Development Contract, as approved by the City Council, shall be fully
executed prior to release of the Final Plat.
res /pc /91103.sc)
APPROVING MPUD FINAL SITE PLAN FOR LAUKKA- WILLIAMS PARKERS LAKE FOR " PARKERS
LAKE NORTH 7TH ADDITION" (91103) (MPUD 83 -1)
WHEREAS, Laukka - Williams Parkers Lake has requested approval for an MPUD Final
Site Plan for "Parkers Lake North 7th Addition" located at the southwest
corner of 22nd Avenue North and Shenandoah Lane; 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
Laukka- Williams Parkers Lake for an MPUD Final Site Plan for "Parkers Lake
North 7th Addition" located at the southwest corner of 22nd Avenue North and
Shenandoah Lane, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements within 12 months from the date of this
resolution.
3. Any signage shall be in compliance with the approved Master Sign Plan.
4. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
5. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
6. All waste and waste containers shall be stored within the principal
structures, and no outside storage is permitted.
7. 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.
8. Cross easements for driveway access covering Parkers Lake North 6th
Addition and Parkers Lake North 7th Addition shall be submitted by the
petitioner; approved by the City Attorney and recorded on the titles of
both parcels prior to issuance of a Building Permit.
res /pc /91103.fsp)
APPROVING AN AMENDMENT TO THE MPUD FINAL SITE PLAN FOR LAUKKA - WILLIAMS PARKERS
LAKE FOR " PARKERS LAKE NORTH 6TH ADDITION" (91103) (MPUD 83 -1)
WHEREAS, Laukka- Williams Parkers Lake has requested approval for an Amendment
to the MPUD Final Site Plan for "Parkers Lake North 6th Addition" located at
the northwest corner of 18th Avenue North and Shenandoah Lane; 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
Laukka - Williams Parkers Lake for an Amendment to the MPUD Final Site Plan for
Parkers Lake North 6th Addition" located at the northwest corner of 18th
Avenue North and Shenandoah Lane, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Compliance with applicable conditions of City Council Resolution 90 -632.
res /pc /91103.afsp)
City of Plymouth
E N G I N E E R S M E M O
to
Planning Commission & City Council
DATE: November 20, 1991
FILE NO.: 91103
PETITIONER: Miles Lindberg, BRW, Inc. for Laukka- Williams Parkers Lake, Thresher
Square, 700 Third Street South, Minneapolis, MN 55415
FINAL PLAT: PARKERS LAKE NORTH 7TH ADDITION
LOCATION: South of 22nd Avenue, west of Shenandoah Lane, north of 18th Avenue
in the northwest 1/4 of Section 28.
1043
N/A Yes No
1. _ _ ,X Watermain area assessments have been levied based on proposed use.
2. _ _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X _ SAC and REC charges will be payable at the time building permits
are issued. These are in addition to the assessments shown in No.
1 and No. 2.
Area charges are subject to change periodically as they are
reviewed annually on January 1. The rate assessed would be that
in effect at the time of final plat approval.
4. Area assessments: Watermain area assessment based on 80 units x
5790 per unit - S63.200. Sanitary sewer area assessments based on
80 units x S440 ner unit - S35.200.
5. Other additional assessments estimated: None.
M1 + &EN ; Y
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. _ A —
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: A 20 foot drainage and utility easement
will be required over the storm sewer between Lots 1 and 2. Block
2. A minimum of 30 feet of drainage and utility easement will be
required for the sanitary sewer and watermain located in Lots 1
and 3. Block 1.
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. A public hearing has been
scheduled for December 2. 1991 to consider the vacation of the
unnecessary easements.
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 DroDerty. 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
DNR
Mn DOT
Hennepin County
X MPCA
X State Health Department
obtained by the developer:
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
2 -
N/A Yes No
12. _ X Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary.
13. _ X _ Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's
adopted Thoroughfare Guide Plan.
14. X _ _ Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection
of and
15. _ X _ All existing street rights -of -way are required width -
Additional right -of -way will be required on
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 special conditions.
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). See special
conditions.
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
1005 of the cost.
19. _ X _ Minimum basement elevations -
Minimum basement elevations must be established for the following
lots. As shown on the grading plan for Lot 4 975.5 and for Lot 3
975.0 and Lot 2 975.0. all in Block 2.
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. BU
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: Shall comply with all agency permits.
24. A. The homeowner's association shall be responsible for all maintenance and
restoration as needed for the landscaping in the median island and in the
boulevard and easement areas adjacent to the streets.
B. Cross easements will be required for the driveways, parking, storm sewer and
watermain.
C. The sanitary sewer and water services along with street hydrants and hydrant
leads for the private hydrants shall be shown on Sheet 14.
D. The detail sheet shall be revised to show the detail sheets from the May 1991
Engineering Guidelines.
E. The grading plan for Outlot H, Sheet 9, shall be revised to show the berm
moved south to allow for the readjustment of Shenandoah Lane to line up with
25th Avenue.
F. Note the 100 year high water elevation for each of the ponds on the grading
plan.
Submitted by:..%
Daniel L. Faulkner, P. E.
5 - City Engineer
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: November 21, 1991
FILE NO.: 91103
PETITIONER: Miles Lindberg, BRW, Inc. for Laukka - Williams Parkers Lake, Thresher
Square, 700 Third Street South, Minneapolis, MN 55415
SITE PLAN: MULTI FAMILY DWELLINGS
PARKERS LAKE NORTH 7TH ADDITION
LOCATION: South of 22nd Avenue, west of Shenandoah Lane, north of 18th Avenue
in the northwest 1/4 of Section 28.
V 14 \ y •;•
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. _ _ A 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 Site Plan approval:
4. Area assessments estimated - Wate „vain area assessments on 80
units x S790 per unit - S63.200. Sanitary sewer area assessment
based on 80 units x S440 per unit - S35.200.
5. Other additional assessments estimated: None.
D,4I A \ ; M
N/A Yes No
6. _ X _ Property is one parcel -
The approval of the site plan as proposed requires that a lot
consolidation be approved by the City Council and the necessary
resolution should be processed at the same time as the site plan
approval.
N/A Yes No
7. _ _ _X_ Complies with standard utility /drainage easements -
The current City ordinance requires utility and drainage easements
ten feet (10') in width adjoining all streets and six feet (6') in
width adjoining side and rear lot lines. (If easements are required
it is necessary for the owner to submit separate easement documents
executed and in recordable form prior to the issuance of any
building permits.) wilt comely with the filing of the final plat of
Parkers Lake North 7th Addition.
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. See Item No. 7.
N/A Yes No
10. _ _ 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. A public hearing
has been scheduled for December 2. 1991 to consider the vacation of
the unnecessary easements.
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 JL Bassett Creek
MN DOT Minnehaha Creek
Hennepin County _ Elm Creek
X MPCA _ Shingle Creek
X State Health Department _ Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
13. _ X _ Complies with Storm Drainage Plan -
The site plan will be submitted to the City's consulting engineer
for review to see if it is in conformance with the City's
Comprehensive Storm Drainage Plan. All of their recommendations
shall be incorporated in a revised plan. The grading and drainage
plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations.
Additionally, the following revisions will be necessary:
N/A Yes No
14. _ X _ Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance.
15. _ X _ Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. X _ _ Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. _ X _ 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 10OX 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. See Item Nos, 1. 2. 7. 9. 10, 11. 12
and Special Conditions.
5-
27. A. All sanitary sewer and water services, along with the private hydrants, shall
be clearly identified as being maintained by the homeowner's association.
B. At a minimum, the paving plan shall be revised to show the valley gutters as
shown on Sheet 10 of 26.
C. Cross easements will be required between the 6th and 7th Addition for the
drive isles, parking and fire protection.
r ,
Submitted b w
Daniel L. Faulkner, P. E.
City Engineer
6-
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