HomeMy WebLinkAboutPlanning Commission Packet 02-14-1990I? 5.A
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: February 2, 1990 COMMISSION MEETING DATE: February 14, 1990
FILE NO.: 90001
PETITIONER: OPUS Corporation
REQUEST: Preliminary Plat, Site Plan, and Conditional Use Permit
LOCATION: Northeast Corner of 54th Avenue and Nathan Lane
GUIDE PLAN CLASS: IP (Planned Industrial)
ZONING: I -1 (Planned Industrial)
BACKGROUND:
This land was platted as "Scherer Industrial Development" in 1984. In 1987,
the City Council approved a lot consolidation /division under Resolution 87 -397
creating two lots from the original four. The City Council also approved Site
Plans for each of the two parcels being created at that same time. These
approvals expired per the Zoning Ordinance June 15, 1988, since no building
permits had been issued for the structures by that date.
Notice of the Public Hearing with regard to the Preliminary Plat and
Conditional Use Permit has been published in the official City newspaper. All
property owners within 500 feet have been notified, and a development sign has
been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant proposes to replat this 11 acre parcel into two industrial
lots of 5.6 and 5.3 acres. The "new" lots divide the site into north and
south parcels. The 1987 lot division divided the site east and west. A
Site Plan for an industrial building of 71,100 square feet on the
southerly lot with the Conditional Use Permit for incidental retail sales
from a portion of the building are also requested.
2. The proposed Preliminary Plat is considered by the Planning Commission
responsive to Section 500.05, Subdivision 3 of the City Code where the
Planning Commission is directed to hold a Public Hearing on each proposed
plat and submit its recommendation with respect to the proposed plat to
the City Council. The dimensional specifics with respect to lot size,
width, depth, and proposed setbacks are found to be consistent with the I-
1 Zoning Ordinance standards.
see next page)
File 90001
Page Two
ti
r.
3. The proposed Site Plan is responsive to the City of Plymouth's policies,
codes, and ordinances that apply to this type of construction.
Specifically, the Site Plan proposes structure setbacks consistent with
the Zoning Ordinance; landscaping consistent with the Landscape Policy;
screened roof top equipment consistent with the Zoning Ordinance; on -site
lighting to illumination standards established by the Zoning Ordinance;
storage of trash within an enclosure; and fire lane /fire protection
consistent with the City Fire Code.
4. The architectural appearance of the proposed structure is that of ribbed
precast concrete panels with accent colors running horizontally through
the panels, generally consistent with the PYA Monarch structure across
54th Avenue.
5. The physical constraints analysis identifies that this property is located
within the Shingle Creek Drainage District. It does not contain any
wetlands, major woodlands, or severe slopes. The soils appear suitable
for urban capability with public sewers. There are scattered existing
mature trees on the site. Most of those trees are scheduled for
preservation by the Landscape Plan.
6. The Conditional Use Permit is to allow for limited retail sales by
Business Essentials" from the building. As the firm name implies, the
retail sales will be of business and office products. The Site Plan
specifies 4,080 square feet of the structure (under 6 percent of the total
structure) as "showroom" where retail sales would take place. The
applicant, by a letter dated January 23, 1990, responds to the Conditional
Use Permit standards and, further defines the proposed retail use at 17
percent of gross sales for Business Essentials and to take place 8:00 a.m.
to 5:30 p.m., Monday through Friday (no weekend or holiday sales).
7. The Zoning Ordinance (Section 8, Subdivision D, paragraph 2b) states that
a Conditional Use Permit may be approved for "...retail and service
establishments essential to the operation of this district and providing
goods and services which are primarily for the use of persons employed in
the district:..".
PLANNING STAFF COMMENTS:
1. The Preliminary Plat proposed is responsive to the physical constraints
analysis and the dimensional standards of the Subdivision and Zoning
Ordinance.
2. The Site Plan proposed is responsive to the Zoning Ordinance requirements
and meets or exceeds all of those requirements, as well as other City
codes and policies related to this type of development.
see next page)
File 90001
Page Three
3. The architectural appearance of the proposed structure is consistent with
the terms of the City of Plymouth policy regarding building aesthetics and
architectural design. The finding of compatibility relates to the
structure to the east and south.
4. The application for a conditional use generally responds positively to the
six standards of the Zoning ordinance applicable to any Conditional Use
Permit.
5. The proposed retail use does provide goods both essential to and primarily
used by the persons employed in this district - -as opposed to goods used by
persons residing in other districts. The goods to be sold relate to
employer needs rather than consumer needs, and therefore such retail sales
are found to be consistent with the intent of the Zoning Ordinance in this
regard.
RECOMMENDATION:
I hereby recomn
Conditional Use
Submitted by:
ATTACHMENTS:
Plan, and
Charles E. Dillerud, Community Development Coordinator
1. Recommendations for Approval
Conditional Use Permit
2. Engineer's Memorandum
3. Location Map
4. Petitioner's Narrative
5. Conditional Use Permit Criteria
6. Large Plans
pc /cd /90001:dl)
of Preliminary Plat, Site Plan, and
1
APPROVING PRELIMINARY PLAT, SITE PLAN, AND CONDITIONAL USE PERMIT FOR OPUS
CORPORATION (90001)
WHEREAS, OPUS Corporation has requested approval for a Preliminary Plat, Site
Plan, and Conditional Use Permit for retail sales in the I -1 district for
property located at the northeast corner of 54th Avenue and Nathan Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for
OPUS Corporation for a Preliminary Plat, Site Plan, and Conditional Use Permit
for retail sales in the I -1 district for property located at the northeast
corner of 54th Avenue and Nathan Lane, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of building permit issuance.
3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
4. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
5. Any signage shall be in compliance with the Ordinance and the Site Plan.
6. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
7. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
8. All waste and waste containers shall be stored within an enclosure , and
no outside storage is permitted.
9. An 8 -1/2 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.
10. No building permit to be issued until the Final Plat is filed and recorded
with Hennepin.
11. The Conditional Use Permit is approved to permit retail sales of office
products within an area of the structure to exceed 4080 square feet from
8:00 a.m. to 5:30 p.m., Monday through Friday, except not on holidays.
12. The Conditional Use Permit for retail sales of office products in the I -1
zone shall be renewed annually consistent with Section 9, Subdivision A,
paragraph 5 of the Zoning Ordinance.
i
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: February 7, 1990
FILE NO.: 90001
PETITIONER: Mr. Robert Worthington, Executive Director, Governmental Affairs,
Opus Corporation, 800 Opus Center, 9900 Bren Road East, Minnetonka,
MN 55343
SITE PLAN: 54TH AND NATHAN LANE OFFICE /WAREHOUSE
LOCATION: North of 54th Avenue, east of Nathan Lane in the southeast 1/4 of
Section 1
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No. 1 and
No. 2•
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4*. Area assessments estimated. - EM
5. Other additional assessments estimated: NONE
LEGAL /EASEMENTS /PERMITS:
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. Will comply with the filing of the final plat of Nathan
54 Center.
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.) See Item 6,
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.
10. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated. A public hearing
has'been scheduled for February 26 for the City Council to consider
the vacation of unnecessary easements
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
C
uTILITIES AND TRAFFIC:
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 Bassett Creek
MN DOT Minnehaha Creek
Hennepin County Elm Creek
MPCA _ Shingle Creek
State Health Department _ Army Corps of Engineers
Other
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: .5=
Spec al Conditions.
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.
MCC
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
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.
0
4-
c
t 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.
F
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 5 100% 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 5 100% 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. Items 6 7 10, 11, 13. 26 and
Special Conditions.
5-
SPECIAL CONDITIONS REOUIRED:
27. A. The storm sewer shall be insulated in the area of Catch Basin - 8B where the t
cover is only about one and a half feet.
B. The 18 inch storm sewer is undersized. It is designed to carry the five year
storm runoff with maximum surcharge. 24 inch pipe shall be used to carry the
five year storm runoff in the pipe with no surcharging.
C. Hay or straw bales shall be used around all catch basins during construction
to prevent sediment from entering the existing storm sewer system.
D. The fire hydrant at the northeast corner of the building shall be moved east
to where the fire =lane enters the parking lot.
E. No building permits shall be issued prior to the final plat of Nathan 54
Center being filed with Hennepin County.
F. Shall comply with Shingle Creek Project Review 90 -3.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
6-
J
DATE:
FILE NO.:
PETITIONER:
PRELIMINARY PLAT:
LOCATION:
N/A Yes No
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission 6 City Council
February 7, 1990
90001
Mr. Robert Worthington, Opus Corporation, 9900 Bren Road East,
Suite 800, Minnetonka, MN 55343
NATHAN 54 CENTER
North of 54th Avenue, east of Nathan Lane, in the southeast 1/4 of
Section 1
1. _ X _ Watermain area assessments have been levied based on proposed use.
2. 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. Those 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: NON
5. Other additional assessments estimated: ZIQAIE
6. X Complies with standard utility /drainage easements -
The City will require utility and drainage easements ten feet (10')
in width adjoining all streets and six feet (6') in width adjoining
side and rear lot lines. Six foot drainage and utility easements
will be required along the south lot line of Lot 1, and north lot
Tine of Lot 2.
N/A Yes No
7. x _ All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
8. —2L _ _ 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.
9. X All existing unnecessary easements and rights -of -way have been
vacated
It will be necessary to vacate the obsolete easements /right -of -way to
facilitate the development. This is not an automatic process in
conjunction with the platting process. It is the owner's
responsibility to submit a petition as well as legal descriptions of
easements proposed to be vacated. The developer has petitioned the
City Council to vacate the drainage and utility easements made
obsolete if the final plat of Nathan 54 Center is approved by the
City Council. The hearing has been scheduled for February 26, 1990,
10. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application - If it is subsequently determined that
the subject property is abstract property, then this requirement does
not apply.
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
11. _ X _ All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MnDOT
Hennepin County
MPCA
State Health Department
2 -
Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
I
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. _ --I- _ 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. _.IL_ _ _ 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
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsible
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional
engineer must prepare the plans and profiles of the proposed sanitary
sewer, watermain, storm sewer facilities and streets to serve the
development.
3 -
N/A Yes No
t
17. X Preliminary utility plans submitted comply with all City requirements
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities.
18. X Per developer's request a preliminary report and plan will be
prepared by the City -
If it is their desire to have the City construct these facilities as
part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1,
of the year preceding construction.
19. X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
20. _ X The preliminary plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
OWN
N/A Yes No
22. X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right -of -way. All water connections shall be via
wet tap.
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:
The final grading plan will be reviewed with the site plan for the
54th and Nathan Lane office /warehouse.
A. Shall comply with Shingle Creek Project Review 90 -3.
B. No building permits shall be issued until the final plat is filed with Hennepin
County.
Submitted by:
Daniel L. Faulkner, P.E.
City Engineer
5 -
90001
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O
1 OPUS CORPORAL rA
DESIGNERS • BUILDERS • DEVELOPERS
800 Opus Center
9900 Bren Road East
Minnetonka, Minnesota 55343
6121 936 -4444
January 23, 1990
Mr. Charles E. Dillerud
Community Development Coordinator
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Mailing Address
P.O. Box 150
Minneapolis, Minnesota 55440
am 23 191%
CITY OF PLYPViC LJ i'H
COMMUNITY DEVELOPMENT DEPT.
Re: Opus Corporation /Nathan 54 Center Site Plan/
Preliminary plat and Conditional Use Permit (90001)
Dear Mr. Dillerud:
The original application for the aforementioned project did not contain as
a part of its narrative the applicants reasons for feeling that the
conditional use permit for limited retail sales by Business Essentials
from the Nathan 54 Center is justified.
Please accept the following as our position for feeling the CUP should be
granted by the City to Business Essentials to allow such limited retail
sales activity to take place from the premises of the Nathan 54 Center
Building. The justification is organized as a response to each of the
findings that must be made by the Planning Commission in accordance with
Section 9 Subdivision A of the zoning code (as summarized below) in order
to grant approval of the conditional use permit.
1. Compliance with and affect upon Comprehensive Plan.
The client, Business Essentials, indicates in their letter of January
5, 1990, (see attached) that the CUP is necessary for the successful
operation of its business and that sales will only be allowed on a
very limited basis. This means that the retail sales will be
controlled and on an occasional basis only. No efforts will be made
to make this anything more than a use purely incidental to the
principal business taking place on the premises, i.e the
administration, storage, and distribution of office supply materials
by Business Essentials. As such, the retail sales is minor and
accessory only to the principal use of the building as permitted by
the zoning ordinance and guided by the city's Comprehensive Plan. As
such we see no conflict or adverse impact on the spirit and intent of
the city's Comprehensive Plan or development which it is guiding in
the neighborhood.
2. The Establishment, maintenance, or operation of the Conditional Use
will ... enhance the public welfare and not be detrimental or endanger
the public health, safety, morals or comfort.
The proposed limited retail sales will not invite or induce the
introduction of a notorious or nefarious element of people or
conditions into the neighborhood or city that would threaten its
safety, welfare, or moral standards.
Opus and Affiliates in Minneapolis • Chicago • Phoenix • Milwaukee • Tampa • Pensacola
r
Mr. Charles E. Dillerud
January 23, 1990
Page -2-
3. The issuance of the CUP will not be injurious to the use and enjoyment
of other property in the immediate vicinity ... or impair property
values in the neighborhood.
The limited retail sales being requested will not introduce a use
which will adversely affect property values or negatively influence
the enjoyment of other property in the immediate vicinity of the
building. The predominant land use in the area is industrial.
Auto -Sound Entronix, a business located to the east of our building,
was granted a similar type of CUP to allow limited retail sales from
its premises. We are not aware of a major problem being created by
that issuance, nor do we expect any problem to occur as a result of
granting the requested CUP for Business Essentials given its limited
nature (1% of gross sales; 8:00 -5:30 p.m. M -F; closed weekends and
holidays).
4. The Establishment of the Conditional Use will not impede the normal
and orderly development (or) improvement of surrounding property or
uses in the district.
As stated in #3 above a similar type of CU P
Sound Entronix company located to the east
The granting of that CUP did not discourage
wanting to locate in the vicinity, nor have
since its issuance. And, its not expected
sales permitted by the proposed CUP will cu
the neighborhood in the future.
was granted to the Auto
of our proposed building.
Business Essentials from
any businesses moved out
that the proposed limited
rtail or limit growth of
5. Adequate measures have been or will be taken to provide ingress,
egress and parking so designed as to minimize traffic congestion or
public streets.
The site plan for the building and on site parking arrangements
reflected in that plan contemplate no need for additional on -site
parking to accommodate retail customers taking advantage of the
limited retail opportunity created by the requested CUP if its
granted. Only a few customers are expected to participate in the
limited retail sales activity expected to take place on site and that
activity will be controlled by limited hours and low key advertising
used to promote these sales. Therefore, no major traffic or
congestion problems are expected from the activity if the CUP is
granted by the City.
6. The Conditional Use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
The client commits to comply with any and all reasonable conditions
imposed by the City to ensure that the requested CUP does conform to
i
Mr. Charles E. Dillerud
January 23, 1990
Page -3-
the applicable regulations of the district to which it relates or
special concern of the neighborhood in which the Business Essentials
facility will be located.
Sincerely,
Robert A. Worthington, AICP
Executive Director - Governmental Affairs
RAW /km
aa
1 I • • .`' 1 y. • ' •.
PRCK S[CTICH 98 IC L I 'IMICK A
2. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Commission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a reoatum dation 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 Canprehensive 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 innediate vicinity for the
purposes already permitted, nor substantially diminish and
hgDair property values within the neighborhood.
4) The establishment of the conditional use will not impede the
normal and orderly development and impmv0,
LI
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
I
A 62. A,
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: February 2, 1990 COMMISSION MEETING DATE: February 14, 1990
FILE NO.: 90004
PETITIONER: Northern States Power Company
REQUEST: Site Plan
LOCATION: West of Nathan Lane and South of 13th Avenue North
GUIDE PLAN CLASS: IP (Planned Industrial)
ZONING: I -1 (Planned Industrial)
BACKGROUND:
No previous planning or zoning applications have been processed by the
Community Development Department for this parcel.
Notice of the Public Hearing with regard to the Conditional Use Permit has
been published in the official City newspaper. All property owners within 500
feet have been notified, and a development sign has been placed on the
property.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant proposes the construction of an electric substation with the
transformer yard and adjacent off - street parking covering slightly over
one acre of this site, which totals 3.63 acres. No specific structures
are proposed other than the typical switch gear enclosure and related
transformers. The portion of the site within which the electric
transformers are to be located is surrounded by a chain link security
fence and surfaced with a treated lime product. An off - street parking
area of 1,600 square feet, along with an access driveway are located
outside of the security fence and are asphalt paved.
A lightning arrester pole, similar to appearance to a flag pole, totalling
90 feet in height, would be located near the center of the site. The west
and north yards of the site are bermed and heavily landscaped responsive
to the I -1 district performance standards with respect to yards adjoining
all classes of residence districts.
2. The proposed Site Plan is responsive to the City of Plymouth's policies,
codes, and ordinances that apply to this type of construction.
see next page)
File 90004
Page Two
Specifically, the Site Plan proposes structure setbacks consistent with
the Zoning Ordinance; landscaping consistent with the Landscape Policy;
and fire lane /fire protection consistent with the City Fire Code.
3. Provisions of City Council Resolution 81 -73, concerning minimum landscape
standards and criteria, provides that up to 50 percent of the number of
required over -story trees may be substituted for with a combination of
other landscape design elements. The narrative to the Landscape Plan of
the applicant (attached hereto) provides for the increase in the number of
over -story trees of a small size coupled with a three -foot high berm as a
proposed substitute plan for over -story trees of specified height.
4. A Conditional Use Permit was applied for responsive to Section 8,
Subdivision D, paragraph 2a of the Zoning Ordinance. Since, by design,
electrical substations do not result in physical components of the Site
Plan located within a building, a Conditional Use Permit has been
requested to permit an outdoor location for the transformers and related
switching gear. We have attached a narrative description in support of
the Conditional Use Permit provided by the applicant.
During staffreport preparation we have again reviewed the Zoning Ordinance
with respect to permitted I -1 uses and definitions. We continue to find
an electrical substation to be an "essential service" and, therefore, a
permitted use in the I -1 zone. We now find that all of the proposed
facilities to be integral components of the substation, and therefore no
outside storage Conditional Use Permit is required. (Ordinance definition
of "Essential Services" attached)
5. The site is located within the Bassett Creek Drainage District. It is not
located within a Shoreland Management Zone nor does it contain any
wetlands. The site contains no major woodlands or severe slopes. The
soils appear suitable for urban development with public sewers.
PLANNING STAFF COMMENTS:
1. The petitioner has addressed the rationale for a reduced number of over -
story trees in the attached narrative. The petitioner notes that an
additional 87, 4' high coniferous trees, 9 ornamental trees, 30 deciduous
shrubs, along with a 3' high berm provides for a more effective visual
screen to the adjoining residential neighborhoods. We find that the
petitioner's proposal with respect to substitute landscaping is responsive
to the purpose and intent of the Landscape Policy.
2. The Site Plan proposed responds positively to the applicable provisions of
the Zoning Ordinance and other related City ordinances, codes, and
policies with respect to development of this type in the I -1 district.
3. We find the lightning arrester pole proposed to be similar in nature to a
see next page)
File 90004
Page Three
flag pole and anticipated by provisions of the Zoning Ordinance, Section
10, Subdivision C, paragraph lb. As such, the 90 -foot height proposed for
the lightning arrester is within the 100 percent increase in height
allowed for from the 45 -foot I -1 district height maximum, and therefore is
consistent with the Zoning Ordinance.
RECOMMENDATION:
I hereby recommend approval of the requested Site Plan.
Submitted by:
Charles E. Dillerud, ommunity Development Coordinator
ATTACHMENTS:
1. Recommendations for Approval of Site Plan
2. Engineer's Memorandum
3. Location Map
4. Petitioner's Narrative
5. Landscape Policy Excerpt
6. Ordinance "Essential Services" Definition
7. Large Plans
pc /cd /90004:dl)
APPROVING SITE PLAN FOR NORTHERN STATES POWER COMPANY (90004)
WHEREAS, Northern States Power Company has requested approval for a Site Plan
to construct an electric substation on property located west of Nathan Lane
and south of 13th Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for
Northern States Power Company for a Site Plan to construct an electric
substation on property located west of Nathan Lane and south of 13th Avenue
North, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of building permit issuance.
3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures or facilities on sites adjacent to, or containing any
open storm water drainage facility.
4. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
5. Any signage shall be in compliance with the Ordinance.
6. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
7. All waste and waste containers shall be stored within an enclosure, and no
outside storage is permitted.
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: February 7, 1990
FILE NO.: 90004
PETITIONER: Mr. David Fisher, Northern States Power, 414 Nicollet Mall,
Minneapolis, Mn. 55401
SITE PLAN: BASSET CREEK SUBSTATION
LOCATION: South of 13th Avenue, east of So. Shore Drive in the southeast one
quarter of Section 25.
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No. 1 and
No. 2.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None
5. Other additional assessments estimated: None
LEGAL /EASEMENTS /PERMITS:
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.)
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.
10. X All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated.
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
N/A Yes No
12. _ _ X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
X DNR
MN DOT
Hennepin County
MPCA
State Health Department
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
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:
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
20. _ X All existing street right -of -ways are required width -
Additional right -of -way will be required on
21. X Complied 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.
No storm sewer will be installed but all drainage is directed to the
east toward the railroad tracks and then south to an exist*
drainage area.
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 5 100% 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, 100% crushed base and two inch bituminous mat. The site
plan shall be revised to indicate compliance with these
requirements.
STANDARDS:
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 Items 7. 11 & 12.
5-
Submitted by.
Daniel L. Faulkner, P. E.
City Engineer
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LAnDrcAPinG
BASSETT CREEK NSP SUBSTATION
LANDSCAPE POLICY:
Page 4, Item #6
The landscape plan proposes to use a low maintenance seed mixture for the open
space areas of the site instead of sod. Sod would indicate more of a formal/
maintained area. The low maintenance seed will germinate and establish quickly
and will blend in more favorably with the existing indigenous vegetation.
The planting scheme as well is more congruent to a natural theme to which
the low maintenance seed lends itself well. In order to establish a dense
turf the plan also proposes to exceed the recommended rate of application.
Prairie grass would not be appropriate in this case for several reasons:
1) It takes much longer to establish 2) A prairie grass planting must be
burned periodically to rejuvinate it which would present a hazardous situation
to the proposed trees and shrubs as well as the neighborhood 3) Prairie grass
is much more fragile than the proposed low maintenance seed mixture.
The proposed seed mixture is as follows:
MN DOT SEED MIX #5
Species
Park Kentucky Bluegrass
Smooth Bromegrass
Red Top
Timothy
Perennial Ryegrass
White Clover
Birdsfoot Trefoil, Empire
Rate Pounds per Acre Per Cent
20 40.0
7 14.0
3 6.0
4 8.0
10 20.0
3 6.0
3 6.0
f'
15050 93RD AVENUE NORTH • MAPLE GROVE, MN 55369 • (612) 420.4201
LmiDwErT
LAnDrcAPinG
BASSETT CREEK NSP SUBSTATION
Outline showing the justification for a reduction in overstory trees of the
minimum size required by the landcape policy of the City of Plymouth.
LANDSCAPE POLICY:
Page 3, Item 3
Page 4, Item 3 continued
Page 4, Item 4A
Page 4, Item 5C
According to the Landscape Policy:
The site requires a minimum of 38 trees
The minimum sizes required are:
2 }" caliper for deciduous trees
6' ht. for coniferous trees
JAS! 26
Not less than 25% of the minimum number of trees required should be deciduous
Not less than 25% of the minimum number of trees required should be coniferous
An equivalent of up to 50% of the required number of overstory trees may
be created through the use of overstory trees in combination with other
landscape design elements such as existing vegetation, earth berms and
other plantings.
The Landscape Design Provides for:
10 deciduous overstory trees that are 2}" calliper This constitutes 50% of
10 coniferous overstory trees that are 6' ht. overstory trees required
10 total deciduous overstory trees
87 total coniferous overstory trees
9 total deciduous ornamental trees
30 total deciduous shrubs
A 3' high earth berm that aids in providing a visual screen on the two
sides of the substation that are facing the residential neighborhoods
This outline shows how the landscape plan for the NSP Substation provides
for 50% of the overstory trees of the minimum sizes (2}" cal. and 6' ht.)
required.
The remaining 50% is compensated for by using an excessive number (97) of
overstory trees of a smaller size (4' ht.) and a 3' high earth berm on two
sides of the substation. In addition, existing plant material not disturbed
by construction on the site also helps to more than compensate for the other
50% of the overstory trees required by the city.
1505093RD AVENUE NORTH • MAPLE GROVE, MN 55369 • (612) 420.4201
Landscape Policy
Page 3
7. Note indicating how disturbed soil areas will be restored
through the use of sodding, seeding or other techniques.
8. elineation of both sodded and seeded areas with respective
a as in square feet.
9. Covera lan for underground irrigation system, if any.
10. Exterior lig 'ng plan.
D. Special Conditions:
Where landscape or man -made erials are d to provide ordinance or
policy- required screening from 'acent d neighboring properties, a
cross - through section shall be pro ' showing the perspective of the
site from the neighboring propert at he property line elevation.
E. Copies:
The following copiesA'Eall be provided in the i%llowing format:
I. t full -scale and size as the site an.
11" photopositive reduction or One 8 x 11"
drawing which will provide le ib le copies learly
all details and design on the per. Otherw e,
ibility, 30 copies of the proposed landscape n,
folded to approximate 9" X 12 ", shall be submitted; petitione
may submit both reduced and larger size legible copies to assur
such plans are available to Planning Commissioners and Council
Members. -- -
3. Elements of Landscape Design and Minimum Number of Trees.
A. Elements of landscape design may include:
1. Existing topographical and vegetative features;
2. Berming
3. Plantings, including the required minimum number of overstory trees,
understory trees, shrubs, flowers, and ground cover materials.
B. The minimum number of major or overstory trees on any given site shall be as
indicated below. These are the minimum substantial planting, in addition to
other understory trees, shrubs, flowers and ground cover deemed appropriate
for a complete quality landscape treatment of the site.
1. Commercial, Industrial, Institutional sites shall contain at a minimum
the greater of:
a) One (1) tree per 1,000 square feet of gross building floor area,
or,
b) One (1) tree per 50 lineal feet of site perimeter.
18b-
Landscape Policy
Page 4
1 2. Multi- residential sites shall contain at a minimum: one (1) tree per
dwelling unit.
C. An equivalent of up to fifty percent (50 %) of the required number of over -
story trees may be created through the use of overstory trees in combina-
tion with other landscape design elements as listed in 3A above.
In no case shall the number of overstory trees be less than fifty percent
50 %) of the appropriate formula.
The burden shall be upon the developer to demonstrate by narrative and by
graphics how the equivalent effect is provided. The equivalent effect
shall be subject to approval by the City Council.
4. Minimum Size of Plantings.
Required trees shall be of the following minimum planting size:
Deciduous trees - 2.5 inches diameter as measured six inches
abQve the ground.
2. ConifetWs trees - 6 feet in height.
B. A minimum of fi en (15) percent of the required minimum er of
trees for multi -res ntial developments shall be lon ed hardwood
deciduous trees, 3.5 i es in diameter as measure ix inches off
the ground.
C. Evergreen shrubs used for screbttng pu ses including those used in
conjunction with berming shall be inimum of 24 inches in height.
5. Species.
A. All trees used in s' developments shall be digenous to the appro-
priate hardines one and physical characteristi of the site.
B. All deci us trees proposed to satisfy the minimum re irements of
this,4Klicy shall be long -lived hardwood species.
The compliment of trees fulfilling the requirements of this pol$
shall be not less than 25 percent deciduous and not less than 25
percent coniferous.
6. Sodding and Ground Cover.
All areas not otherwise improved in accordance with approved site plans
shall be sodded. Exceptions to this criterion may be recommended by the
Planning Commission and approved by the City Council as follows:
A. Seeding of future expansion areas as shown on approved plans.
B. Undisturbed areas containing existing viable natural vegetation
which can be maintained free of foreign and noxious plant manterials.
C. Areas designated as open space or future expansion areas properly
planted and maintained with prairie grass.
18c-
PLYMOUTH ZONING ORDINANCE
Section 4, Subdivision B
rehabilitation, or developmental guidance on a regular basis;. for periods
of less than 24 hours per days, in a place other than the person's own
nurscare
facilities include, but are not limited to: family day
group family day care homes, day care centers, day nurseries,
chools, developmental achievement centers for children, day
and habilitation services for adults, day treatment programs,
care centers, and day services. (Amend. Ord. 89 -38)
Density, Residen al -- A number expressing the relationship of the number of
dwellings to Ak acre of land.
District -- Sections X the City for which the regulations governing the
height, area, use of buildings and premises are the same.
Dog Kennel -- Any premises \
buili (
3) or more dogs, over four (4) months
of age, are owned, bor offered for sale.
Dwelling, Attached -- A here a Dwelling Unit is joine d in a
horizontal fashion to e Dwelling Units by party wall or walls.
Amend. Ord. 89 -38)
Dwelling, Detached -- A Dwelling Unite entirely surrounded by open space.
Amend. Ord. 89 -38) \
Dwelling, Multiple Family -- An attached d lling designed for occupancy by
three (3) or more families in Dwelling U joined in a vertical and /or
horizontal fashion. (Amend. Ord. 89 -38) '
ts
Dwelling, Single Family -- A building designed for nd occupied exclusively by
one (1) Family. (Amend. Ord. 89 -38)
Dwelling, Two Families -- A building designed for cupancy by two (2)
families.
Dwelling Unit -- Any building or portion thereof which Xontains living
facilities, including provisions for sleeping, eating, cooking and
sanitation for not more than one family. (Ord. 89 -38)
Equal Degree of Encroachment -- A method of determining the location o
encroachment lines so that the hydraulic capacity of flood plain nds on
each side of 'a stream are reduced by an equal amount when calculati the
Essential Services -- Overhead or underground electrical, gas, steam or water
transmission or distribution systems; collection, communication, supply or
disposal systems used by public utilities or governmental departments or
commissions or as are required for the protection of the public health,
safety or general welfare, including towers, poles, wires, substations,
mains, drains, sewers, pipes, conduits, cables, reservoirs, wells, elevated
tanks, fire alarm boxes, police call boxes, and other similar equipment and
accessories in connection therewith, but not including buildings, except
those buildings that are an integral part of the essential service.
4 -5