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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) ixi SB=ICN 91 St]®IVISIQd A r _•J• . • 11 • •. 1 r. « 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. forms :o >pl /cup.stnd /s) 10/89 r e , • mss- -c C G "- , I t e 6 l—frelo-11 O J 0 L v t r' d Kc e-c- 0 0 U NIX tiq N 7 r a i ti I tYC I Qy.u..irf Ar•.*- i Ko id se -1i -. a o T tL t, b Gr ` t L Al S 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. QTR' Ot r FILE a v 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. Ire t L24a4#'-fyuf- St 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 RA CEMfTE BLACK p HISPANIC NATIVE AMERICAN RESIDENCE PHONE NUMBER: D1 DATE OF BIRTH: p ASIAN PACIFIC ISLANDER OTHER OFFICE USE ONLY DATE REPORTED DISPATCHED: ARRIVED: CLEARED: REF TO INV D.L. OR I.D. Nt: 3 3 t q aa3 RACE: LWAITE BLACK O HISPANIC O NATIVE AMERICAN INV. ASSIGNED YES d.*10 CLEARED BY p N r7 /UL O ASIAN PACIFIC ISLANDER O OTHER PENDING ARREST EXCP. ASSIST /ADVISE UNF PFC i VICT'S RELAT TO SUSP /ARRESTEE: PARENT / GUARDIAN NAME: (JUV. ONLY) PARENT / GUARDIAN ADDRESS: (JUV. ONLY) PARENT / GUARDIAN PHONE #I: iw / VOF 1I VICTS RELAT TO SUSPiARRESI OFFENSEANCIDENT CLASSIFICATION PARENT / GUARDIAN ADDRESS: (JUV. ONLY) LITERAL AN%1ml-L CODE 3 DISP. F L 2 oN CODE R foO DISP. Al2s2 LITERAL CODE DISP. LITERAL CODE DISP. 3 4 i LITERAL CODE DISP. LITERAL CODE DISP. S 6 i 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 1I 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: LWAITE BLACK O HISPANIC O NATIVE AMERICAN 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: iw / VOF I l 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: 01 APPARENT BROKEN BONES 02 POSSIBLE INTERNAL 03 SEVERE LACERATION g 1. HEADNECK 2. ARMSMMNDS 3. LEGS/FEET 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 CC : COQrLELL T 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. i r7 0 W.-A DF Ae IIJ -t- 77 µ ,-E s . DISTINCTIVE DESCRIPTION, LICENSE PLATE NUMBER. E l Ia h r r EAAT N wa& lim eb"ij 4te, AmAt RAotf,",& 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. ALIAS, wt S utc Kit l ouu-ret 1 1 N FrZ w F r a r i - Alourn QLsS 1% Ue D vvrt= Sou lu II r 07HM AN IM091 55 .5'" CH Aj AS horses cw+ I t ei weu6! j1 wIh h . 55u iS 73 6o F L 4iv u,` i6 AX4Z fV 7W/1 TlcerCTc . A CC : COQrLELL T ANONIMITY REQUESTED: YES PINO, PRIVATE/CONFIDENTIALINON- PUBLIC INFORMATION: YES w< 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 mop r Jw kt 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. dsk8 K443yab6 *srser".` 5.rei'+rnwirl+wflfi •YjYVlt i'+wys# #— °,... 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- iL,1r,,1 4111 Of Ll Ali I awl Lj jr 1.1.6 ill!