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HomeMy WebLinkAboutPlanning Commission Packet 05-09-1990CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: May 1, 1990 COMMISSION MEETING DATE: May 9, 1990 FILE NO.: 89014 PETITIONER: Ryan Construction Company REQUEST: Approve MPUD Final Plan (Master Sign Plan) for "Rockford Road Plaza" LOCATION: Northeast Corner of County Road 9 and Interstate 494 GUIDE PLAN CLASS: CR -2 (Retail Shopping) ZONING: BACKGROUND: MPUD 89 -2 On November 6, 1989, the City Council, by Resolution 89 -689, approved an amended Mixed Use Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit to develop slightly over 400,000 square feet of retail commercial structures on a site of 52 acres, subject to 17 conditions of approval. On October 16, 1989, the City Council adopted Resolution 89 -649, finding "no need" for an Environmental Impact Statement based on the review of the Environmental Assessment Worksheet. On April 2, 1990, the City Council, by Resolution 90 -233, approved a Final Plat and MPUD Final Plan (Final Plan only with respect to the outlots) for the entire 52 -acre site. An application for Site Plan approval covering the west side of Vinewood Lane within this site is being processed concurrent with this application for a Master Sign Plan. This application is for a PUD Master Sign Plan, covering the entire 52 -acre PUD - -both wall signs and pylons. Proposed are seven free - standing signs, two of which would identify the project and five of which would be on each of five sites. Also proposed are wall signs for each of the six structures that are approved in the Preliminary PUD Plan. PRIMARY ISSUES AND ANALYSIS: 1. Two of the proposed free - standing signs (one to be located adjacent to I- 494 on the Target site; and one to be located at the intersection of Vinewood Lane and County Road 9) are 675 square feet in size each, per the Ordinance sign area definition. The applicant, measuring these two signs in a different manner, contends that only 300 square feet of sign area is proposed in each case. see next page) File 89014 Page Two The applicant also proposes five free - standing signs of 200 plus square feet each. One of these would be located at the intersection of 41st Avenue North and West Medicine Lake Drive of 360 square feet (for project identification), and the other four would be located on each of four free- standing sites, not including the Target site Qr the main shopping center on the east side of Vinewood Lane. The amount of signs (seven) is consistent with the provisions of the Zoning Ordinance for a neighborhood shopping center with two major entrances /approaches and five commercial sites. The Ordinance would permit signs no larger than 96 square feet for any of the seven signs proposed based on the use of the Neighborhood Shopping Center standard of the Zoning Ordinance. The Community Shopping Center standard of 120 square feet is specified by the applicant. In addition, the applicant proposes an overall sign height of 45 feet for the two larger signs. This would be in excess of the maximum of 36 feet permitted for signs in this Zoning District. Sign height for the remaining 5 signs is proposed to not exceed building height. The Zoning Ordinance specified maximum height is 36 feet. 2. The applicant is proposing wall signage of either 5 percent or 10 percent of the wall surface area of the six structures that are a part of the PUD Plan. The applicant proposes that multiple walls of the structures will receive signage and that signage not used on one wall area be transferable to other wall areas within the project, without limitation except from the Target store. The applicant's narrative proposes that an aggregate 5,800 square feet of wall signage be permitted for the overall development Without the benefit of Final Site Plans for Target, staff cannot ascertain the accuracy suggested by the applicant in his narrative. of the structures can be ascertained from the no specific elevations are available for rr ascertain the actual area of the walls. structures other than the of the aggregate signage While the lineal dimension approved Preliminary Plan, ost of the structures to 3. Section 9, Subdivision B, paragraph 3e provides that all signs within a PUD must conform with a Master Sign Plan that shall be considered and approved with the Final Plan. With a staged PUD such as this is, staff has interpreted the stage at which a Master Sign Plan must be provided to be the initial Final Plan /Final Site Plan. Ordinance 89 -26 provided for amendments to the Planned Unit Development Section to include signage within the design features of a PUD that were eligible for consideration as to flexibility available from the standards of the Zoning Ordinance. The Site Plan /Final Plan for the "Target" site of this MPUD is presented elsewhere on this Planning Commission agenda, and therefore this Master Sign Plan is processed concurrent with this initial Final Plan. 4. An issue is presented with respect to the method used to calculate the area of pylon signage. The extent of deviation proposed from the see next page) t File 89014 Page Three standards of the Zoning Ordinance with respect to pylon signage is difficult to ascertain without determining the method by which that area is measured. The Zoning Ordinance provides that the sign surface area is defined as "...the entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such sign and not form an integral part of the display." Using that definition, the Chief Building Official indicates that the applicant's proposed "typical pylon sign" qualifies in its entirety as sign surface area and therefore is 675 square feet. Also, the applicant's proposed "typical monument sign" would be the product of multiplying the 10 -foot width times the proposed height. The proposed height for these five "typical monument signs" is not to exceed 36 feet with respect to the sign proposed for Outlot B, and not to exceed the height of the building which the sign serves with respect to the other four. In the case of the Outlot B sign, the total sign area would be calculated at 360 square feet, and the total sign area of the other five signs would likely be approximately 200 square feet, based on a presumed 20 -foot building height. A substantial difference results from measuring the sign areas in a manner that the applicant proposes compared to the method of measurement used by the Zoning Ordinance definition: over 2,500 square feet of pylon sign surface area proposed overall versus while the applicant's total of 1,200 square feet versus the Zoning Ordinance maximum standard of 672 square feet of pylon sign surface area (7 free - standing signs at 96 square feet each). 5. The applicant proposes calculation of wall signage on multiple walls of the structures. There is no Zoning Ordinance prohibition to signage on multiple walls as long as the signage is no greater than 5 percent of the wall area (for shopping center structures) or 20 percent of the wall area for free - standing structures in the B -2 zone). An element of flexibility" proposed by the applicant, not anticipated by the Zoning Ordinance, is the ability to "move" wall signage "credits" generated by applying the appropriate percentages to the multiple walls and, actually only install the signage on selected walls -- resulting in actual sign coverage on those selected walls that would exceed the Ordinance maximums. The concept proposed amounts to "borrowing" of wall signage area from one wall surface to another. To a limited degree, the Planning Commission addressed such a concept in the approval of the Town Center at Parkers Lake Master Sign Plan. Here the Commission precluded otherwise permissible signage on the ends of the shopping center structure, but permitted the applicant to increase the percentage of wall area allowed as wall signage from 5 percent to 8.27 percent as a measure of flexibility. see next page) File 89014 Page Four it There are two major differences between the posture taken by the Planning Commission (and ultimately the City Council) on the Town Center at Parkers Lake PUD and what is proposed by the applicant by this PUD Master Sign Plan: 1. The applicant here is already proposing wall signage in excess of the 5 percent permitted under the Zoning Ordinance on the shopping center building (except the Rainbow Food portion). 2. The applicant, in this case is not prescribing a specific formula for the "movement" of "excess wall signage" from one portion of the building to another as was the case with Town Center at Parkers Lake. The issues are both whether such movement of wall sign area is reasonable and proper within a Planned Unit Development, and the degree of specificity to be applied to such movement, if it is deemed proper. 6. Staff has, at Development Review Committee meetings, reviewed with this petitioner the direction of its recommendations on a Master Sign Plan proposed for this or other similar Planned Unit Development Master Sign Plan applications. We have indicated that our focus would be compliance with the Zoning Ordinance dimensional standards from an aggregate (over the entire PUD) perspective. This means that the multiple sites within the PUD individually gain certain "rights" with respect to signage by the Zoning Ordinance. The PUD flexibility would be that certain sites may require additional signage due to sight line and other characteristics. This additional signage (over and above Ordinance standards) would be permissible as an element of flexibility in the PUD in return for a reduction in signage at some other site within the PUD. For instance, related to this specific application, we have determined that seven free - standing signs with an aggregate 672 square feet would be permissible under the Zoning Ordinance. If one or more signs were proposed to be in excess of 96 square feet, we would expect one or more signs would be proposed at an amount somewhat less than the 96 square feet. The aggregate of the signs would still be in the range of 670 square feet. In general, staff has indicated to this and other petitioners in cases where signage is an issue within a PUD, that the aggregate of what they propose for signage should be at or close to what would be permissible with a conventional application of the Zoning Ordinance, but that specific sign applications within that aggregate could be greater than the Ordinance maximums on a case -by -case basis if corresponding adjustments were made on other signs within the development. see next page) r File 89014 Page Five 7. One important factor that enters into Zoning Ordinance standards with respect to free - standing sign area is the degree to which such signage imposes upon the natural sight lines. Regardless of whether or not a specific message is provided, a portion of a sign with 100 percent opacity should, under our Zoning Ordinance, be counted as signage. Free - standing pylon signs are designed in response to this sight line factor by providing a surface area with message supported by a post. The sight lines are not significantly disturbed by the post. The proposed free- standing signs are 100 percent opaque over the entire height - -there are no pDs U, i.e., these are not "pylon" signs; they are free - standing signs. PLANNING STAFF COMMENTS: 1. Staff finds the free - standing signage proposed by the applicant to be nearly four times the area for such signage prescribed by the Zoning Ordinance. The applicant should be directed to either redesign the signage to better fit the definition of our Zoning Ordinance as to actual sign surface area, or to reduce the physical size of all free - standing signage to more closely correspond with the Zoning Ordinance standard. We do not object to the concept of certain signs being in excess of the Ordinance standards if other signs within the project are correspondingly less than the Ordinance standard in size. For example, signage along I -494 and County Road 9 may be required to be somewhat larger due to the relatively higher speed of vehicles, while signage along Vinewood Lane (internal to the project) need not be as large due to the relatively slow moving traffic such signage is intended to serve. 2. Staff finds the applicant's proposal with respect to wall signage to be generally acceptable except with respect to the proposal to relocate unused excess wall signage from one wall to another" without limitations. Due to the extreme elevation difference between what signage would appear on the east side of the shopping center structure and the traveling surface of West Medicine Lake Road we question the value of that signage except to the extent that it may serve as "credits" to be transferred to other areas of this structure or other structures within the PUD (except Target). We find the flexibility suggested by substituting 10 percent wall signage for the 20 percent available for the freestanding buildings as exchange for 10 percent wall signage where 5 percent is the standard for the shopping center structure (except the Rainbow Foods and Target structures which remains at 5 percent) constitutes sufficient flexibility within the intent of a Planned Unit Development ordinance. To potentially allow shopping center signage in excess of 10 percent by way of relocating sign area "credits" from the east side of the building would be excessive. see next page) File 89014 Page Six Also, the long -term administration or tracking of the credits is a burden neither the City or the owner(s) should have to bear. The final approval should set the maximum amount of wall signage allowed on the wall(s) supporting the sign. Thus, the issue is how much should be allowed, and we recommend that the proposal be approved per the language in the draft resolution. 3. Deferral of this sign plan by the Commission concur the sign area determine what alternative best redesign the sign structures or The issue is not how the area signage that should be allowed, Ordinance needs modification then RECOMMENDATION: Commission may be appropriate should the is excessive. The applicant may wish to would serve his purposes in that case- - reduce the size of the sign structures. is calculated as much as the amount of given Ordinance definitions. If the that should be dealt with separately. Should the Planning Commission determine that deferral for redesign by the applicant not be an appropriate action, I recommend approval only on the conditions that aggregate free - standing signage not exceed 7 signs and 672 square feet; and that wall signage be limited to the approved percentage of wall area without the right to transfer allowable signage area from wall to wall or building tg- building. Submitted by: Charles E. Dillerud, Community Development Coordinator Attachments: 1. Draft Recommendation for Approval 2. 3. App icant Narrative 4. Resolutions 89 -689 and 90 -233 5. Large Plans pc /cd/89014.1:dl) APPROVING MPUD FINAL SITE PLAN (MASTER SIGN PLAN) FOR RYAN CONSTRUCTION COMPANY FOR "ROCKFORD ROAD PLAZA" (89014) WHEREAS, Ryan Construction Company has requested approval for an MPUD Final Site Plan (Master Sign Plan) for Rockford Road Plaza for property located at the northeast corner of County Road 9 and Interstate 494; 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 Ryan Construction Company for an MPUD Final Site Plan Master Sign Plan) for Rockford Road Plaza for property located at the northeast corner of County Road 9 and Interstate 494, subject to the following conditions: 1. Free - standing signage is limited to 672 square feet in aggregate for up to 7 signs. Specific signs may exceed 96 square feet in area, but the total combined surface area of all free - standing signs shall not exceed 672 square feet. 2. All free - standing signage must be set back from any public street right - of -way at least 20 feet. 3. Wall signage shall be limited to 10 percent of the wall surface area to which the sign is attached except as follows: a. The structure on Lot 1, Block 1 shall be limited to signage of 5 percent of wall surface area on which the sign is attached. b.;. The 65,000 square foot most northerly tenant space (Rainbow Foods) on Lot 1, Block 2 shall be limited to signage of 5 percent of wall surface area on which the sign is attached. 4. All wall signage shall be located only on the specific wall used to calculate the allowable sign surface area. Transfer of allowable sign surface area from one wall to another or one building to another is not permitted. 5. Compliance with applicable terms and conditions of City Council Resolution 89 -689 (MPUD Preliminary Plan /Plat) and 90 -234 (Conditions to MPUD Final Plan /Plat). WYAN CONSTRUCTION COMPANY OF MINNESOTA, INC. April 19, 1990 N@EOWN APR 20 1990 Mr. Chuck Dillerud City Planner CI "Y OF PL'`h410 TH City of Plymouth COMMUNITY DEVELOPMENT DEPT. 3400 Plymouth Boulevard Plymouth, MN 55447 RE: ROCKFORD ROAD PLAZA -- PUD COMPREHENSIVE SIGN PLAN Dear Chuck: The following points are in response to your comments at the April 17, 1990, DRC review meeting at City Hall. 1. Target's wall sign will be lowered (approximately 4 ") to not exceed the roof line. 2. Per the General Notes of the Signage Summary on the Comprehensive Sign Plan Submittal, the developer shall regulate the design and appearance of all monument and pylon sign in an attempt to uniformity and continuity in the overall signage concept. Enclosed please find general design criteria for typical pylons and monuments for the overall PUD. 3. Per our interpretation of City code, at five percent of building face we are allowed approximately 5,500 s.f, of wall signage for the overall development. Per our comprehensive sign plan submittal, we are requesting approximately 5,800 s.f, of wall signage (the two previous calculations pertained to Lot 1, Block 1; Lot 1 and 2, Block 2 only). 4. Per our interpretation of City code, we are allowed seven pylon signs at 120 s.f. each, for a total of 840 s.f. of pylon signage. Per the comprehensive sign plan submittal, we are requesting five monuments at 120 s.f, and two pylons at 300 s.f., for a total pylon and monument signage of 1,200 s.f. 5. I would like to re- emphasize the high quality and aesthetically pleasing nature of the signage required at all Ryan shopping center projects. We require individually constructed and neon illuminated, white acrylic, translucent letters. This provides signage uniformity at the center. (I draw your attention to the 700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 6121339.9847 FAX 6121337 -5552 Mr. Chuck Dillerud Page Two April 19, 1990 sign criteria submitted with the original comprehensive sign plan submittal). The material used in the construction of the pylon and monument signage will be primarily brick. The brick selected will be consistent and complementary with the architectural design of the overall center, providing an aesthetically pleasing visual environment for pedestrians and shopping customers of the PUD. 6. We would like to re- emphasize that small shop retail tenants florist, video, dry cleaner, sandwich shop, etc.) live or die based on their signage. These are small retailers who need identity. Their business and customer base is not destination driven, such as a larger, more prominent retailer and /or industrial or service business (I draw your attention to my letter of April 17, 1990). 7. The locating of signage on the eastern face of the shopping center will enhance the appearance of the shopping center from Medicine Lake Road, as well as visually breaking up the long wall (a previously stated Staff concern). 8. We would like to re- emphasize our suggestion that the method for measuring the higher quality, individually constructed letter signs be done by measuring the individual letters, not by measuring the sign in aggregate, as with the cheaper box /canned signs (see point No. 4 in my April 17, 1990, letter addressed to you). 9. Finally, as you explained in the 4/17/90 DRC meeting, we would like to encourage the relocation of unused excess wall signage from one wall to another, while maintaining design and quality consistency throughout the overall P.U.D. Under this concept, it is understood that Target (Lot 1, Block 1) would stand on its own from the remainder of the P.U.D. Should you have any questions, please feel free to call me at 336 -1204. Sincerely, Will am J. McHale Vice President VJD6 /80 /sl Enclosure c: Dick Brooks (w /enc.) Vince Driessen Don Laukka (w /enc.) Steve Marlette VIA MESSENGER Rockford Road Plaza Plymouth, Minnesota April 6, 1990 SIGN CRITERIA - CITY APPROVAL PROCESS I. GENERAL A.) Only the area above the Tenant's premises shall be identified by a sign (except in the end cap spaces, where they may sign on the end cap per code). The furnishing and installation of a sign and the costs incurred shall be the responsibility of the Tenant. B.) It is intented that the signing of the retail stores on the center shall be developed in an imaginative and varied manner, and although previous and current signing practices of the Tenant will be considered they will not govern signs to be installed on the retail stores. C.) Each Tenant will be required to identify its premises by a sign. D.) Service doors will be provided with uniform signs identifying stores by the Landlord. Tenant shall not post any other additional signs. II. SIGN CRITERIA A.) The wording of the signs shall be limited to the store name only, and such name shall not include any items sold therein. B.) The use of corporate shields, crests, logos, or insignias will be permitted (subject to Landlord's approval), provided such corporate shields, crests, logos, or insignias shall not exceed the average height for sign letters. C.) Multiple or repetitive signing will be allowed only with the approval of the Landlord provided the area of such signing conforms to the limitations set forth herein. D.) All signs and identifying marks shall be within the limitations of the sign facia as set forth hereinafter, and not to exceed 10% of the front elevation of the building. E.) The average height of sign letters or components shall not exceed 30 ". Capital letters shall not exceed 36 ". F.) Sign length shall be determined by centering in lease frontage area, holding back a minimum of 2' from lease line on each end for 20' fronts, 3' for 30' fronts and 4' for 40' fronts and larger. Example: 40' wide space could have a 32' max. length. 20' wide space could have a 16' max. length. 0 Rockford Road Plaza Page 2 II. SIGN CRITERIA (Continued) G.) White sign letters to be constructed with internally illuminated letters. H.) Letters shall not project beyond the brick face more than five (5) inches. I.) The following design standards will be adhered to: 1.) Letters to be fabricated from aluminum medium bronze finish, trim cap edge with white acrylic face. 2.) Illumination to be supplied by neon tubing powered by 60 M.A. transformers. III. PROHIBITED TYPES OF SIGNS OR SIGN COMPONENTS A.) Moving or rotating signs. B.) Back - illuminated signs. C.) Signs employing moving or flashing lights. D.) Signs employing exposed raceways, ballasts boxes or transformers. E.) Signs employing painted and /or non - illuminated letters. F.) Signs of box or cabinet type employing transparents, translucent or luminous plastic background panels. G.) Cloth, wood, paper or cardboard signs, stickers, decals or painted signs around or on exterior surfaces (including interior and exterior surfaces of doors and /or windows) of the premises. H.) Signs employing noise making devices and components. I.) Signs, letters, symbols or identification of any nature painted directly on surfaces exterior to the premises. J.) Free - standing signs. K.) Roof -top or exterior signs. Rockford Road Plaza Page 3 IV. PROCEDURE FOR SIGN DRAWINGS A.) Tenant shall submit three (3) sets of blueline prints of the drawings and specifications, including samples of materials and colors, for all its proposed sign work. The drawings shall clearly show location of sign on storefront elevation drawing, graphics, color and construction and attachment details. Full information regarding electrical load requirements and brightness in footlambers i-s to also be included. B.) As soon as possible after receipt of the sign drawings, Landlord shall return to Tenant one (1) set of such sign drawings with its suggested modification and /or approval. All sign plans must have written Landlord approval. FORMSI /09 /sl w Z J w O Q 0 Z_ 10 Z O J a U_ d E- Z 0 Z W Z SO J Q U a: z z c oZ NQ p ( W a a .zp L W U.p z z U m ti cc`J Z O .Q F_- Cl) .N Z p. Z O W W -Z Ul Q -A .CC z:.< o w F- 0 0UZ J f– W QQQ (" Z Z Q f- w E) Y Z Z JN U U U Q D o W a o o C4 Z ' T w Z J w O Q 0 Z_ 10 Z O J a U_ d E- Z 0 Z W Z SO J Q U a: z z c oZ NQ p ( W a a .zp L W U.p z z U m ti cc`J Z O .Q F_- Cl) .N Z p. Z O W W -Z Ul Q -A .CC z:.< o w F- 0 y IDVAN CO OF MI NNESO AO INC. NY April 17, 1990 Mr. Chuck Dillerud City Planner City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: ROCKFORD ROAD PLAZA -- PUD COMPREHENSIVE SIGN PLAN SUBMITTAL Dear Chuck: APR 17 1g-% CITY 0F ji- L''F,i -- RUTH COMMUNITY DEVELOPMENT DEPT. Please fired enclosed eight revised copies of the PUD Comprehensive Sign Plan submitted to the City of Plymouth on April 6, 1990. We neglected to outline signage locations on the Block 1, Lot 2 & 3, and Block 2, Lot 3 & 4 buildings and on the rear side of the shopping center fronting Medicine Lake Road. Other than those two modifications, the enclosed plan agrees with the original submittal. Additionally, after a detailed review of the Plymouth zoning ordinance sign regulations, we would like to make the following comments. 1. Small shop retail tenants (florist, video, dry cleaners, sandwich shop, etc.) live or die based on their signage. These are small retailers who need identity. Their business and customer base is not destination driven, such as a larger, more prominent retailer. 2. The fact that individual businesses and tenants in multi- tenant retail buildings (i.e., shopping centers) are permitted the same 5% of wall area signage that individual businesses and tenants in multi- tenant industrial buildings are allowed seems out of line. Retailers require signage to generate their customer base, where industrial users are definitely destination oriented, and have completely different signage requirements. 3. Under the B -3 Service Business Zoning District, single user buildings are allowed 20% of the wall area for signage. Again, this seems inconsistent with the required needs of retail users and tenants in multi- tenant retail buildings who are limited to 5% of building space in the B -2 shopping center zoning district. 700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612/339.9847 FAX 612/337 -5552 Mr. Chuck Dillerud Page Two April 17, 1990 4. The procedure for measuring individually constructed letter signs in a similar fashion as measuring box /canned signs, encourages landlords and retailers to provide the cheaper, less aesthetically pleasing box /canned signs. Individually constructed letter signs have higher quality, higher cost, and increased aesthetic appeal, yet are restricted by the manner the City calculates the area of the sign. If the letters were measured for their area individually, as opposed to in aggregate like a box /canned sign, retailers who provide individually constructed letter signs would be allowed increased signage area. Note that in all newly constructed Ryan retail centers, the tenants are required to provide individually lettered signs (see sign criteria with original submittal). Should you have any questions, please feel In the meantime, we look forward to working site plan and comprehensive sign plan final Plaza. Sincerely, DA- Willi m J. McHale Vice President VJD6 /71 /sl Enclosure c: Dick Brooks Vince Driessen Don Laukka Steve Marlette free to call me at 339 -9847. with the City staff in the approvals for Rockford Road MH-tRIMII T Rockford Road Plaza Plymouth, Minnesota APR 6 ].990 April 6, 1990 CITY G< L r",CUTH SIGN CRITERIA - CITY APPROVAL PROCESS COMMUNITY DEVELOPMENT DEPT. I. GENERAL A.) Only the area above the Tenant's premises shall be identified by a sign (except in the end cap spaces, where they may sign on the end cap per code). The furnishing and installation of a sign and the costs incurred shall be the responsibility of the Tenant. B.) It is intented that the signing of the retail stores on the center shall be developed in an imaginative and varied manner, and although previous and current signing practices of the Tenant will be considered they will not govern signs to be installed on the retail stores. C.) Each Tenant will be required to identify its premises by a sign. D. Service doors will be provided with uniform signs identifying stores by the Landlord. Tenant shall not post any other additional signs. II. SIGN CRITERIA A.) The wording of the signs shall be limited to the store name only, and such name shall not include any items sold therein. B.) The use of corporate shields, crests, logos, or insignias will be permitted (subject. to Landlord's approval), provided such corporate shields, crests, logos, or insignias shall not exceed the average height for sign letters. C.) Multiple or repetitive signing will be allowed only with the approval of the Landlord provided the area of such signing conforms to the limitations set forth herein. D.) All signs and identifying marks shall be within the limitations of the sign facia as set forth hereinafter, and not to exceed 10% of the front elevation of the building. E.) The average height of sign letters or components shall not exceed 30 ". Capital letters shall not exceed 36 ". F.) Sign length shall be determined by centering in lease frontage area, holding back a minimum of 2' from lease line on each end for 20' fronts, 3' for 30' fronts and 4' for 40' fronts and larger. Example: 40' wide space could have a 32' max. length. 20' wide space could have a 16' max. length. Rockford Road Plaza Page 2 II. SIGN CRITERIA (Continued) G.) White sign letters to be constructed with internally illuminated letters. H.) Letters shall not project beyond the brick face more than five (5) inches. I.) The following design standards will be adhered to: 1.) Letters to be fabricated from aluminum medium bronze finish, trim cap edge with white acrylic face. 2.) Illumination to be supplied by neon tubing powered by 60 M.A. transformers. III. PROHIBITED TYPES OF SIGNS OR SIGN COMPONENTS A.) Moving or rotating signs. B.) Back - illuminated signs. C.) Signs employing moving or flashing lights. D.) Signs employing exposed raceways, ballasts boxes or transformers. E.) Signs employing painted and /or non - illuminated letters. F.) Signs of box or cabinet type employing transparents, translucent or luminous plastic background panels. G.) Cloth, wood, paper or cardboard signs, stickers, decals or painted signs around or on exterior surfaces (including interior and exterior surfaces of doors and /or windows) of the premises. H.) Signs employing noise making devices and components. I.) Signs, letters, symbols or identification of any nature painted directly on surfaces exterior to the premises. J.) Free - standing signs. K.) Roof -top or exterior signs. Rockford Road Plaza Page 3 IV. PROCEDURE FOR SIGN DRAWINGS A.) Tenant shall submit three (3) sets of blueline prints of the drawings and specifications, including samples of materials and colors, for all its proposed sign work. The drawings shall clearly show location of sign on storefront elevation drawing, graphics, color and construction and attachment details. Full information regarding electrical load requirements and brightness in footlambers i -s to also be included. B.) As soon as possible after receipt of the sign drawings, Landlord shall return to Tenant one (1) set of such sign drawings with its suggested modification and /or approval. All sign plans must have written Landlord approval. FORMSI /09 /sl k 5 '90 09:45 r• -- t r0 O O O r tl= TARGET IA 0 r r O N 1 pore A boo s Wo yt0N cAIrI WITA INTE tu.urltNATION NEON WN M-V--te- 46Lt'sN T TAK&ET PYI-ON GN mr/6w 4-4-i° 3 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 2nd day of April , 19_!O The following members were present: Helliwell Zitur, Ricker Vasillou The following members were absent: Bergman Councilmember Zitur introduced the following Resolution and moved its adoption: RESOLUTION 90 -234 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO MPUD FINAL PLAT /PLAN FOR RYAN CONSTRUCTION OF MINNESOTA, INC. FOR ROCKFORD ROAD PLAZA 89014) WHEREAS, the City Council has approved the MPUD Final Plat /Plan and Development Contract for Ryan Construction of Minnesota, Inc. for Rockford Road Plaza located at the northeast quadrant of County Road 9 (Rockford.Road) and Interstate 494; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. The Ordinance rezoning the property shall be published upon evidence that the Final Plat has been filed and recorded with Hennepin County. 3. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at the time of issuance of the building permit. 4. No Building Permits shall be issued until a contract has been awarded for the construction of municipal sewer and water. 5. Removal of all dead or dying trees from the property at the owner's expense. 6. Removal of existing structures at the developer's expense and removal /capping of all private wells /septic systems per ordinance provisions. 7. 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. 8. No yard setback variances are granted or implied. see next page) r y Resolution No. File 89014 Page Two 9. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 10. No building permits to be issued until the Final Plat is filed And recorded with Hennepin County. -. -. 11. Appropriate legal documents regarding Property Owner Association covenants and restrictions as approved by the City Attorney, shall be filed with the Final Plat. 12. The Final Plat mylars shall contain a statement noting that the plat is part of the approved MPUD 89 -2 per Section 9 of the Zoning Ordinance. 13. Access shall be limited to internal public roads and prohibited from County Road 9 (Rockford Road) and West Medicine Lake Drive (Northwest Boulevard /County Road 61). 14. The Development Contract as approved by the City Council shall be fully executed prior to release of the Final Plat. 15. Outlots A and B shall be common open space, the private ownership and perpetual maintenance of which shall be specifically provided for by the Property Owner documents. All improvements to Outlot A and Outlot B per the approved Grading and Landscape Plans shall be completed prior to issuance of the initial Certificate of Occupancy for any site within the PUD. 16. No grading or building permits shall be issued nor should work of any type commence on this site prior to receipt of and acknowledgement by all parties of the Indirect Source Permit. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Vasiliou , and upon vote being taken thereon, the following voted in favor thereof: Helliwell. Ricker. Zitur. Vasiliou The following voted against or abstained Non Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: May 4, 1990 COMMISSION MEETING DATE: May 9, 1990 FILE NO.: 90025 PETITIONER: Target Stores, Inc. REQUEST: Mixed Planned Unit Development Final Site Plan for Lot 1, Block 1 "Rockford Road Plaza" LOCATION: Northwest Quadrant of I -494 and County Road 9 (West of Vinewood Lane) GUIDE PLAN CLASS: CR -2 (Retail Shopping) ZONING: BACKGROUND: MPUD 89 -2 On November 6, 1989, the City Council, by Resolution 89 -689, approved an amended Mixed Use Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit to develop slightly over 400,000 square feet of retail commercial structures on a site of 52 acres, subject to 17 conditions of approval. On October 16, 1989, the City Council adopted Resolution 89 -649, finding "no need" for an Environmental Impact Statement, based on the review of the Environmental Assessment Worksheet. On April 2, 1990, the City Council, by Resolution 90 -233, approved a Final Plat and MPUD Final Plan (Final per was only with respect to the Outlots) for the entire 52 -acre site. An application for the Master Sign Plan element of the Final MPUD Plan covering this entire 52 -acre site is being processed concurrent with this application for a Final Site Plan with respect to Lot 1, Block 1. Proposed by this application is an MPUD Final Site Plan for the construction of a 140,500 square foot retail facility including a small on -site restaurant facility within the principal structure. The site on which the structure is proposed to be constructed is 17.25 acres in size. PRIMARY ISSUES AND ANALYSIS: 1. The Site Plan proposed meets or exceeds Ordinance and /or City Policy standards with respect to all structure, parking, and drive aisle setbacks; off - street parking (847 spaces proposed with 843 spaces required); and landscaping. 2. An issue remaining following review of this proposal by the Development Review Committee concerns the screening of roof top mechanical equipment. Section 8, Subdivision G, paragraph 2g states, "Screening of the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony or compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure." The applicant maintains that a combination of natural features of the site and building parapet extensions will effectively screen the sight lines to the numerous roof top mechanical units that are proposed. The Ordinance provision has traditionally been interpreted to mean that if such mechanical equipment will be visible, it must be screened at the unit or units as opposed to use of secondary sight line features to accomplish such screening. 3. The applicant proposes a trash compactor to be located on the north side of the building near the northwest corner. They contend that since this is a side of the structure that is not intended for the public and, due to retaining wall construction immediately to the north, no screening of the trash compactor should be required. The Zoning Ordinance Section 8, Subdivision G, paragraph 2e (3) -(4) provides that any form of outdoor trash container storage shall be screened, without reference to whether it can or cannot be easily seen by the general public due to site design or natural site features. 4. The floor plan that has been submitted together with the Site Plan for the proposed structure states that an area of the building of approximately 1,200 square feet is intended for "snack bar seating ". We have indicated to the applicant that in our experience, snack bars within department stores have carry out facilities as an integral component, and therefore would be classified as a Class II restaurant. In a letter dated May 2, 1990, the applicant facility, presenting arguments that would facility as a Class I restaurant. Class I re! in the B -2 zone within which this facility restaurants are a conditional use. An issue restaurant is being proposed. addresses the proposed food support definition of the taurants are a permitted use is located, while Class II remains as to what class of A Conditional Use Permit was issued in 1984 to Holiday Plus for a comparable eating facility which was interpreted to be a Class II restaurant. 5. This structure will set the tone for the aesthetic and architectural appearance of this overall 52 -acre Commercial District. The brick treatment of all four walls of the structure, with intervening horizontal metal accent stripes, provides both consistency with the City Council Policy with respect to aesthetic appearance and architectural compatibility, and an excellent point of departure for setting the architectural tone of the Planned Unit Development. P 6. Site signage is proposed with the concurrent application for a PUD Master Sign Plan being processed as File 89014. The components of that Master Sign Plan directly related to this Site Plan are as follow: a. One free - standing business identification sign, oriented to I -494, of 675 square feet. b. Wall signage totalling 280 square feet -- approximately 4 percent of the surface area of the proposed south wall. PLANNING STAFF COMMENTS: 1. We find it difficult to accept that roof top mechanical units can be adequately screened by extension of parapets and existing natural foliage. The effect of a parapet extension or natural foliage is variable depending on the point of viewing. Also, natural foliage varies with the potential for loss due to natural causes outside of the control of the applicant. Staff recommends the applicant be required to provide constructed screens for all roof top mechanical equipment, painted to match the existing structure. 2. The screening of the trash compactor proposed for location at the northwest corner of the building is and datory within the terms of the Zoning Ordinance. Should the Planning Commission concur in this interpretation of the Ordinance, we recommend a prohibition be placed on the introduction of any outdoor trash facilities without the proper screening facilities being constructed consistent with the Zoning Ordinance. The screening /enclosure is not just an aesthetic matter; the enclosure contains the debris and other items that are generated- - especially at a high volume operation. Our position is that this is not a PUD design item and should be formally treated as a formal variance. Thus, have the variance standards been met? We find they have not. 3. A Conditional Use Permit should be applied for to operate the snack shop with its carry -out food and the operation should not be allowed until a permit has been issued. 4. Except as noted above, we find the MPUD Final Site Plan for the Target facility on Lot 1, Block 1 "Rockford Road Plaza" to be consistent with the Zoning Ordinance and the related policies and standards of the City of Plymouth. 3 RECOMMENDATION: I hereby recommend adoption of the Site Plan consistent with the usual conditions as requi^c to be respons attached approval recommendation for the terms and conditions and such additional 4 to thf comments noted above. 111n Submitted by: Char es E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution Approving Site Plan 2. Engineer's Memorandum 3. Location Map 4. Approved MPUD Preliminary Plan 5. Applicant's Communication Concerning Restaurant Facilities of May 2, 1990 6. Large Plans pc /cd /90025:dl) 9 APPROVING MIXED PLANNED UNIT DEVELOPMENT FINAL SITE PLAN FOR TARGET STORES, INC. (90025) (MPUD 89 -2) WHEREAS, Target Stores, Inc. has requested approval for a Mixed Planned Unit Development Final Site Plan for a retail store on Lot 1, Block 1 "Rockford Road Plaza" at the northwest quadrant of I -494 and County Road 9 (west of Vinewood Lane); and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Target Stores, Inc. for a Mixed Planned Unit Development Final Site Plan for a 140,500 square foot retail store for property at the northwest quadrant of I- 494 and County Road 9 (Lot 1, Block 1 "Rockford Road Plaza ") (west of Vinewood 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 approved Master Sign Plan for the MPUD. 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 outdoor waste and waste containers shall be contained within an enclosure, consistent with Ordinance standards. 9. An 8h 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. Roof top mechanical equipment shall be screened on all sides with material colored to blend aesthetically with the structure appearance. 11. Compliance with the applicable provisions of City Council Resolutions 89- 689 (MPUD Preliminary Plan /Plat) and 90 -234 (conditions to MPUD Final Plat) see next page) Resolution No. File 90025 Page Two 12. Compliance with the provisions of City Council Resolution 89 -439 regarding tree preservation. 13. No outside storage or display of merchandise is approved by this action. 14. The snack shop indicated on the plans constitutes a Class II restaurant and requires a Conditional Use Permit. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: May 2, 1990 FILE NO.: 90025 PETITIONER: Raquel Rudquist, Target Stores, 33 South 6th Street, Minneapolis, MN 55440 SITE PLAN: TARGET /GREATLAND STORE LOCATION: East of Highway 494, north of County Road 10, west of West Medicine Lake Road in the east half of Section 15 ASSESSMENT RECORDS: N/A Yes No 1. _ X Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - Levied under City Project No. 030 5. Other additional assessments estimated: Assessment for City Pro yect 905 is 535,621.34. The estimated assessment for City Project 948 is S456,430.20. LEGAL /EASEMENTS /PERMITS: N/A Yes No 6. _ _ X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. Will comply when the final plat of Rockford Road Plaza is filed at Hennepin Count 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 No. 6 X Complies with ponding requirements - See Item No. 6 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. 6 N/A Yes No 10. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- UTILITIES AND TRAFFIC: N/A Yes No 12. _ _ X All necessary permits for this project have been obtained - 13. _ X _ N/A Yes No 14. _ X 15. _ X _ 16. _X- The following permits must be obtained by the developer: DNR X MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 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: 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. 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. 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 - N/A Yes No 20. _ _ X 21. _ X _ Acceleration /deceleration lanes are required at the intersection of and All existing street right -of -ways are required width - Additional right -of -way will be required on the additional right -of- way for County Road 9 and West Medicine Lake Drive will be dedicated from the final plat of Rockford Road Plaza. 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 5 100% 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. Note Item No's 6. 7. 8, 9. 12. 20 and 5- SPECIAL CONDITIONS REQUIRED: 26. A. A traffic installation sign plan complying with the Uniform Sign Manual shall be submitted and approved. Submitted by: Nm( alct2 Daniel L. Faulkner, P. E. City Engineer p Fell 7 m PM I N z W 0 IL • y is LL Q °I t : ii L%QQ 0 W Z%Zj ;WJ (ljl'lYi' w e e 7Se h h Y < Y CIA O6 53 (/` O V 3N17103'N 1.. V Otl i L t I' C 1111111111111111111 •• - as.aa w C IllIH111!I11 I .-1 w OS C i o 0 0 0 O CS o — 1 1111 .1 RV C:)_ : III Ililiui: yS v IIIIIIIIi111111; '.`1 nI lu 1II1 1111 ,11r 111.11' I;i1;L11 ' U-(II i1fI11U 111 Ii.:liG ilIIII IIIIU ,.I IIn ' II':1 1'111'11!:1 111 1i 111 I 11.1 II :111111111 -- \\ t 111 1111 11111 Iltllillt,1111:1111! v .. i 1 1111 1' n III - ru -! I —_-- 1 1111 11 1 I (! : IttIN1t 1111" ` I'.• 1ny11n " .r ,r.IIn1 1'..tntl lii 1 If1i '1 I II 11 11111' 111 II 11 11'1 t..aa 1a I II'1 fit 3Ntl1000M3NIA Y I \ z I Al 6 \ Exhibit D r / / / / / / / /rJ / / /r• /1 / /: /•! / //i 1\t4 II 11111111111 1 111 11 f6> AMH 31Y1Stl31N1 I Al 6 \ Exhibit D Target Stores 33 South Sixth Stree, P.O. Box 1392 Minneapolis, Minnesota 55440 -1392 Telex No. 205812 May 2, 1990 Mr. Chuck Dillerud City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: TARGET /GREATLAND STORE FOOD FACILITY CLASSIFICATION AT ROCKFORD ROAD PLAZA PLYMOUTH, MINNESOTA Dear Mr. Dillerud: gooz" a f D e RAY go 1990 cot4MOF v; Dfiv PEPT As a follow up to the Development Review Committee meetings of April 17, 1990, and April 24, 1990, regarding the Target /Greatland site plan submittal, the following are detailed characteristics of the food facility. 1. The intent of the food facility is to provide customer convenience for on -site Target /Greatland customers. 2. The sales volume of the food facility will be a minimal part of the overall sales volume of the Target /Greatland store. 3. Historically, take out has been a virtually non - existent portion of the business. 4. Virtually all of Target /Greatland customers who utilize the food facility will consume the food while seated at a counter and /or table, and /or while shopping within the Target /Greatland store. If you have any questions please do not hesitate to contact me at (612) 370 -5925. Raquel Rudquist, A.I.A. Target Project Architect RMR:bkb cc: Burt Shacter Dick Brooks Bill McHale Al Hodges Vince Driessen A Division of the Dayton Hudson Corporation CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 2nd day of April , 19_!0 The following members were present: Helliwell Zitur, Ricker Vasiliou The following members were absent: Bergman - ittkyk k ** Councilmember Zitur introduced the following Resolution and moved its adoption: RESOLUTION 90- 234 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO MPUD FINAL PLAT /PLAN FOR RYAN CONSTRUCTION OF MINNESOTA, INC. FOR ROCKFORD ROAD PLAZA 89014) WHEREAS, the City Council has approved the MPUD Final Plat /Plan and Development Contract for Ryan Construction of Minnesota, Inc. for Rockford Road Plaza located at the northeast quadrant of County Road 9 (Rockford.Road) and Interstate 494; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. The Ordinance rezoning the property shall be published upon evidence that the Final Plat has been filed and recorded with Hennepin County. 3. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at the time of issuance of the building permit. 4. No Building Permits shall be issued until a contract has been awarded for the construction of municipal sewer and water. 5. Removal of all dead or dying trees from the property at the owner's expense. 6. Removal of existing structures removal /capping of all private provisions. at the developer's expense and wells /septic systems per ordinance 7. 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. 8. No yard setback variances are granted or implied. see next page) Resolution No. File 89014 Page Two 9. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 10. No building permits to be issued until the Final Plat is filed Ind recorded with Hennepin County. 11. Appropriate legal documents regarding Property Owner Association covenants and restrictions as approved by the City Attorney, shall be filed with the Final Plat. 12. The Final Plat mylars shall contain a statement noting that the plat is part of the approved MPUD 89 -2 per Section 9 of the Zoning Ordinance. 13. Access shall be limited to internal public roads and prohibited from County Road 9 (Rockford Road) and West Medicine Lake Drive (Northwest Boulevard /County Road 61). 14. The Development Contract as approved by the City Council shall be fully executed prior to release of the Final Plat. 15. Outlots A and B shall be common open space, the private ownership and perpetual maintenance of which shall be specifically provided for by the Property Owner documents. All improvements to Outlot A and Outlot B per the approved Grading and Landscape Plans shall be completed prior to issuance of the initial Certificate of Occupancy for any site within the PUD. 16. No grading or building permits shall be issued nor should work of any type commence on this site prior to receipt of and acknowledgement by all parties of the Indirect Source Permit. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Vasiliou , and upon vote being taken thereon, the following voted in favor thereof:. Helliwell Ricker, Zitur. Vasiliou The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted. 74. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: May 2, 1990 COMMISSION MEETING DATE: May 9, 1990 FILE NO.: 89086 PETITIONER: Medicine Lake Lutheran Church REQUEST: Rezoning, Site Plan, Conditional Use Permits, and Variance to Construct a Place of Worship and Day School LOCATION: Southwest Corner of Zachary Lane and Old Rockford Road 1115 Old Rockford Road) GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: The Planning Commission held the required Public Hearing on this matter at its November 29, 1989 meeting. With the concurrence of the petitioner the matter was deferred to the allow the petitioner opportunity to respond to condition number 3 of the Conditional Use Permit standards related to the design and landscaping being adequate to reduce the impact on neighboring properties. On January 24, 1990 the matter was again considered by the Planning Commission following staff notification of those that had spoken at the original Public Hearing. Following discussion by the Planning Commission on January 24, 1990, a motion to recommend approval subject to several conditions failed on a vote of 3 -3 (Commissioner Wire abstained). The matter was then forwarded to the City Council with no formal recommendation from the Planning Commission based on a finding by the Chairman that a tie (3 -3) would result from any motion for action that would be considered by the Planning Commission. On February 5, 1990 the City Council considered these applications with the benefit of the Planning Commission minutes for deliberation, but without the benefit of a Planning Commission recommendation. Following substantial discussion, the City Council acted to defer consideration of the applications, and refer them back to the Planning Commission with direction to the applicant and the neighborhood representatives to attempt to resolve the questions and concerns prior to Council reconsideration of their requests in light of the issues cited and the information presented to the Council. By memorandum from its architect dated April 20, 1990 Medicine Lake Lutheran Church has requested this matter be again brought to the Planning Commission. see next page) File 89086 Page Two It is our understanding that there have been discussions between the petitioner, and at least some of the neighbors to the site under consideration. Staff has not monitored those discussions nor have we regularly attended any such discussions except for the Director attending a meeting with a member of the City Council held here at City Hall several weeks ago. We have a notice for and minutes of a meeting held March 17, 1990; and notice and minutes of a meeting held March 24, 1990. Those are attached to this report. Consistent with usual practice with deferrals or referrals following a Public Hearing, and where no substantial changes in use or use intensity have been introduced staff has notified those speaking at the original Public Hearing of the reconsideration scheduled for May 9, 1990. PRIMARY ISSUES AND ANALYSIS: 1. Site Plan graphics submitted during April, 1990 for consideration of the Planning Commission include a modified roof design. The portion of the proposed structure that is designated for classroom usage, and which extends westerly to the closest proximity with the existing homes west of the site now has a roof of less pitch and a roof peak nine feet lower than the plans submitted during December and January, and last reviewed by the Planning Commission. 2. The grading plan of the site has now been modified to extend the berm parallel and adjacent to the west property line the remaining 120 feet from where the original plan had the berm ending, to the north property line of the site. In addition, approximately 100 feet of berm has been added beginning near the west property line and extending easterly with the intent of screening the most southerly portion of the future parking. This berm ranges from zero to 4 feet in height measured from the grade existing immediately south of where the berm would be located. 3. The landscape plan has been amended as follows: a. Removal of six Colorado Blue Spruce along the south end of the property .and three Colorado Blue Spruce on the west line near the southwest corner of the property and a substitution of the above mentioned berm and most of the 30 large trees added to the landscape plan. b. The addition of 14 Austrian Pine trees along the north half of the west property line. c. The elimination of all but 27 of the 110 hedge -type plantings along the west property line. d. A wooden 8 -foot high privacy fence of staggered panels is proposed on the crown of the proposed berm along the center 520 feet of the west site boundary. The south 115 feet and the north 105 feet are not see next page) File 89086 Page Three proposed to be fenced. Fence panels would be 20 feet to 25 feet in length each. 4. Issues of neighborhood compatibility raised at the Public Hearing and by the Planning Commission include: a. Structure height b. Structure orientation c. Spire height d. Play area location e. Transition to residential properties to the south The applicant, by the amended plans and his memorandum of April 11, 1990, has addressed each of these concerns. PLANNING STAFF COMMENTS: 1. We find that the applicant, with the amended landscaping /grading plans, has responded to the ordinance provisions regarding screening of offstreet parking "near or adjacent to" residence districts to both the west and south. 2. We find the changes to the roof design of the classroom portion, resulting in a nine foot lower peak and a flatter pitch to the roof, represent an improvement in that portion of the structure that most directly impacts the adjoining neighborhood to the west. 3. The Planning Commission, and later the City Council, have raised concerns with respect to impact of this proposed use upon adjoining properties beyond those raised by the staff. Those concerns related to the "impact" on the adjoining neighborhood. We find those concerns to now be addressed with the amended plans. RECOMMENDATION: I have presented draft resolutions providing for both the approval and denial of the applications under consideration. The specific staff concerns with respect to the screening of offstreet parking areas have been resolved and therefore I remove/mv ,,ob.iection to the aulicatioe on that basis. Submitted by: \"- " L \,A / Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Resolution Approving Site Plan, Conditional Use Permit, and Variance 2. Resolution Denying Site Plan, Conditional Use Permit, and Variance 3. Engineer's Memorandum 4. Applicant's Memorandum of April 11, 1990 5. City Council Minutes of February 5, 1990 6. Planning Commission Minutes of January 24, 1990 7. Planning Commission Minutes of November 29, 1989 8. Previous Staff Memorandums 9. Large Plans pc /cd/89086.1:jw) APPROVING SITE PLAN, CONDITIONAL USE PERMITS, AND VARIANCE FOR MEDICINE LAKE LUTHERAN CHURCH (89086) WHEREAS, Medicine Lake Lutheran has requested approval of a Site Plan and Conditional Use Permits for a place of worship, church spire, and private school; and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road); and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request for Medicine Lake Lutheran Church for a Site Plan, Conditional Use Permits, and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road), based on the following findings: 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. Provisions for a 30 -foot wide trail per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed plans as to construction of the trail per City standards. 4. 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. 5. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 6. Any signage shall be in compliance with the Ordinance and approved Site Plan. 7. Any and all subsequent phases or expansions are subject to required reviews and approvals as to Conditional Use Permit and Site Plan per Ordinance provisions. Plans submitted for building permit review shall delete all reference to future additions or expansions. 8. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 9. All waste and waste containers shall be stored within the enclosure, and no outside storage is permitted. 10. 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. see next page) Resolution No. File 89086 Page Two 11. A variance to the Zoning Ordinance minimum standards for offstreet parking is hereby approved only with respect to deferral of construction for 74 of the 189 spaces required by Ordinance for the currently proposed structure. A condition of the variance is recording a covenant upon the property, prepared by the petitioner and to be approved by the City Attorney, providing for construction of the 74 deferred parking spaces by the petitioner when directed by the City of Plymouth. 12. The petitioner shall submit evidence of a valid and current state license /certificate prior to issuance of the Conditional Use Permit related to the school. 13. Day school enrollment shall be limited to 225 students, grades K -8. DENYING SITE PLAN, CONDITIONAL USE PERMITS, AND VARIANCE FOR MEDICINE LAKE LUTHERAN CHURCH (89086) WHEREAS, Medicine Lake Lutheran has requested approval of a Site Plan and Conditional Use Permits for a place of worship, church spire, and private school; and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road); and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does deny the request for Medicine Lake Lutheran Church for a Site Plan, Conditional Use Permits, and variance to defer off - street parking for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road). CITY OF PLYMOUTH ORDINANCE NO. 90- AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE SOUTHWEST CORNER OF ZACHARY LANE AND OLD ROCKFORD ROAD (1115 OLD ROCKFORD ROAD) (89086) Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by changing the classification on the City of Plymouth Zoning Map from FRD Future Restricted Development District) to R -1 ((Low Density Single Family Residential District) for property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road) with respect to the hereinafter described property: Insert Legal Description) Section 2. General Development Plan. This Ordinance authorizes the development of said tracts only in accordance with the Plan approved for the File No. 89086. Section 3. Effective Date, This Ordinance shall take effect upon filing the Final Plat with Hennepin County and upon its passage and publication. Adopted by the City Council the day of 1990. Mayor ATTEST City Clerk File 89086 City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: November 20, 1989 Revised January 18, 1990 FILE NO.: 89086 PETITIONER: Mr. John Rieschl, President of Congregation, 3110 Medicine Lake Boulevard, Plymouth, MN 55441 SITE PLAN: MEDICINE LAKE LUTHERAN CHURCH AND ACADEMY LOCATION: South of Old County Road 9, west of Zachary Lane, in the northeast 1/4 of Section 14 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. . 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: Watermain Lateral Assessment based on 280 feet - 165 feet previously assessed = 115 feet x $18.63 a foot = $2,142.45. Sanitary sewer lateral based on 280 feet times S22.93 a foot = S6,420.40. The lateral assessments shall be paid with a building permit or the Medicine Lake Lutheran Church and Academy may sign a Waiver of Assessment Hearing and assessments will be spread over five years at 8% interest. 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. The existing storm sewer easement along the north plat line. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- N/A Yes No 12. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other 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 _ 18. _ X 19. 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. 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. 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. An additional ten feet of right-of-way will be required along the east property line for Zachary Lane making the total distance from centerline 40 feet. 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 5 100% 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. Item No's 7. 11, 12, 20, 23, and 27A. 5- SPECIAL CONDITIONS REQUIRED: 27. A. Special care shall be taken where the sanitary sewer passes above the existing watermain along Zachary Lane. B. A 30 foot wide trail easement shall be provided in recordable form along Zachary Lane. C. The driveway culvert shall be relocated to the centerline of the drainage ditch adjacent to Zachary Lane. D. No trees shall be placed in the street right -of -way of Zachary Lane. E. Silt fence shall be placed in the drainage ditch along Zachary Lane at the storm sewer outlet south of the parking lot. F. The existing ditch along Old County Road 9 shall be regraded from the plugged storm sewer to the new 24" storm sewer. G. Plug existing storm sewer crossing under Old County Road 9 with concrete. H. A permanent drainage and utility easement shall be provided along the south side of the parking lot for the drainage ditch. I. The storm sewer will have to be extended to the west plat line when the future parking lot is constructed, this will be a public storm sewer. J. Contact Tom Vetsch at 550 -5093 for a permit to construct the storm sewer in Old County Road 9 and sanitary sewer and storm sewer in Zachary Lane. K. The revised grading plan moves the berm closer to the west property line. Special care shall be taken to ensure a swale is provided within the 6 foot drainage and utility easement to maintain drainage to the south. L. The 15" storm sewer at Zachary Lane shall be increased to 18" RCP to handle the 6 CFS flow. The 15" storm sewer proposed has a capacity of only 4.1 CFS. M. The roof drainage shall be directed to the parking lot and not to the playground area to minimize the drainage to the west. N. Because of the shallow depth of the sanitary sewer across the parking lot, insulation shall be provided. Submitted by: L144,1e-W 1-\4, 4Ze I 04U-1 Daniel L. Faulkner, P. E. City Engineer MAY 1990 CHANGES TO ORIGINAL SUBMITTAL, MEDICINE LAKE LUTHERA90CiitIRCH: Based on comments from Staff, Planning and Zoning Commission and the Homeowners, the following changes were made to the design. SITE PLANS (including grading, civil, landscape and site plan sheets). A vision screen fence was added to the top of the berm. The concern of visually blocking the view of the parking lot from the west was handled by additional conifer and planting as revised by the landscape architect. In addition, three trees are shown to be paid for by the church and planted by the neighbors to screen one house from looking between two homes at the new vision screen fence. The view of the church building on the west side was a concern. In order to give added screening, we raised the grade of the berm and the fence by adding a retaining wall for the lower level exit. The grade could then be raised giving 4 feet more of screening on the northwest corner, adding screening. The building was staked on the corners giving the neighbors an idea of the footprint loca- tion on site. The landscape architect added planting and a berm on the south side of the property to enhance the natural planting screen per staff comments. For safety reasons, the playground could not be moved. Sound and screening of the playground were of concern. This was handled by additional planting of conifers on the west side of the playground area to reduce the noise. Bus location plus parking on site will be only during the day. Parking at night will be at other locations. Size of the operation was a concern; structure and building size meet all city ordinances, setbacks, except for the height of the spire. The church school has set a maximum on the school enrollment size. The on -site parking will support the church and school per the zoning code. No additions are planned, including buying addi- tional property. Restrictions on the title are not possible since the project lender is not selected and the title must remain clear. BUILDING DESIGN: The west roof covering the school was thought to be too massive with a gable roof and a 7:12 pitch. The pitch was dropped 9' to a 4:12 pitch and the gable end changed to a hip roof minimizing the west wall. Spire height was thought to be too tall, but after a review of the minimal mass of the cross /spire adjacent to Zachery, the church felt it is in character with other churches in the community; height to remain same. J/ T1 City of Plymouth Planning Commission City Council Plymouth, MN 55441 Mebicine Kake luotran Q:4urc4 & Acabemg 3110 East Medicine Lake Blvo. Minneapolis, Minnesota 55441 Laurel M. Udden, Pastor Phone (612) 544.9778 Ac6Detng 6300 Walker St. St. Louis Park, MN 55416 Phone (612) 922.8276 May 1, 1990 MAY ' J ) C I LNT DEPT. To Planning Commission and City Council; In response to the directive of the City Council at their meeting on February 5th, the following meetings with the homeowners by members of the Development Oxrmittee of Medicine Lake Lutheran Church have been held: Saturday, March 17, 10:00 a.m. Saturday, March 24, 10:00 a.m. Monday, March 26, 6:00 p.m. Monday, April 16, 7:30 p.m. Plymouth City Hall Plymouth City Hall In two of the homes near property Medicine Lake Lutheran Church Attached is an explanation of changes that have been made to the design based on comments from Staff, Planning and Zoning Commission and the Homeowners. LMU /mjd enc. Sincerely, Pastor Laurel M. Udden On behalf of the d3 e ccmdttee Affiliated with the Association of Free Lutheran Congregations Meb -trine lake Kut4tran C..,,=4 & ArttbemU 3110 East Medicine Lake Blvd. Minneapolis, Minnesota 55441 Laurel M. Udden, Pastor Phone (612) 544.9778 s1rabemg 6300 Walker St. St. Louis Park, MN 55416 Phone (612) 922.8276 APR 16 1990 CITY OF April 11, 1990 D -1 COMMUNITY DEVELOPMENT PLYMOUTH DEPT Dear Homeowner: Enclosed is a letter from Architect, Jack Ovick, explaining changes to our original submittal. Also enclosed are minutes of the meeting held at the City Hall on Saturday, March 24, 1990. We have scheduled one last meeting with the Homeowners on Monday, April 16, 7:30 p.m., at Medicine Lake Lutheran Church, lower level. Please attend if you have further concerns. Sincerely, Building Committee Medicine Lake Lutheran Church Academy Enclosures: 4/11/90 Jack Ovick letter Minutes of 3/24/90 meeting Affiliated with the Association of Free Lutheran Congregations MEDICINE LAKE DEVELOPV 'T COMMITTEE MEETING WITH HOMEOWP' ^RS ADJACENT TO PROPERTY PLYMOUTH CITY HALL, Mr_ _H 24, 1990, 10:00 a.m. ATTENDEES: John Rieschl, Elden Nelson, John Schlenk, Pastor L. Udden, Sam Dyrud, Aini Myking, Architect Jack Ovick HOMEOWNERS:John Maas, Debbie Bodin, Duane Cramer, Linda Cramer, Mark Beltrand, Bob Kauffman, Melonie Flessner, Gerry Woessner John Rieschl presided. Homeowners introduced themselves. Sheets listing "Issues Addressed" were distributed. John Rieschl reviewed items on list, one by one (copy attached). No. 5 regarding stakes -- request for more stakes to mark parking lot and exits. Linda Cramer brought us issue regarding a legal document to assure the neighborhood there would be no further development /additions in the future. Elden responded explaining requirements by City regarding further development on property; entire process would be repeated, same as for original structure. Discussion regarding possible expansions, setbacks, what would be available as to additional building. Issue regarding legal document to be further addressed by the Committee. Zachery Lane expansion /traffic issues came up again. These to be addressed by City. Referred to in minutes of previous meeting. Bob Kauffman concerned over construction process (noise, dirt, etc.). Would prefer having no construction taking place but also realizes something will eventually be built on the property. Elden commented on meeting a gentlemen who stopped by property when they were putting in the stakes. He questioned use of the property; stated he was interested in buying the property for a strip mall. This information was shared with Homeowners for consideration as to other possibilities on the property. Mark Beltrand shared extensively, quote. "I am trying to find a way, as best I can, to want this church in there. No. 1, they're going to be done in one summer. No matter what else you put in there, if you want to go to homes, townhouses, or low rentals, they're going to be 'lding for a couple of years. They're not going to put up five homes and try t se them. They'll be done one at a time, try to sell it, get financing, build--the next one. I want this to work. I don't want the biggest berm possible, the biggest trees, because I can think of a lot worse stuff going in there. They will be done in one summer. They've already said it in the letter this week, they will put the berming in as soon as possible before they start getting into the deep part of the structure. I would rather have this church than a lot of stuff. No matter what happens, if we keep fighting and fighting and fighting them and don't get things our way (we'll try to get the things as much as we can), I don't want th m to go and sell the property to someone else and we'll start all over and with who. Dempsey Construction could come in there and build $80,000 homes or $50,000 mes, one at a time. I want to live there for awhile, I can't afford to move. Otherwise I'd start to pick up now before all of this. I want to find a way for this to work. If you'd list five things to go on this strip of property and if the church goes along and does everything we'd like to have done, where is this church on your list of what you would want next door? It's No. 1 to me, not No. 2. Well, No. 1 would be for the City to buy the property and leave it forever. Let's write them a letter and see if they will do it -- that's a big jok 2 this church if I don't have to look at this huge structure out of my lass windo which is larger than I thought it would be. I'm not afraid of any possible addition in the future." Development Committee P ting March 24, 1990 Page 2 Comments continued as to additional property, when construction would begin, etc. Sam commented that after all approvals are completed a conservative timetable for construction is five months. / Discussion as to when we would be on the agenda for the Planning Commission again. It V would not be until April, as early as possible. Melanie expressed her feeling that the issues addressed and the minutes of the previous meeting were conciliatory and p.r. oriented for the church. Further questions on parking area, number of stalls, etc. Jack Ovick responded. Linda again brought up issue of a legal document as to further development of the property. Elden responded that when it is brought up at the Planning Commission meeting, the Commission will determine whether or not it is a just request and if it is, then obviously we will have to comply. Duane Cramer stated it would probably come up at the Council meeting because the City Attorney would be there; he does not attend the Planning Commission meetings. Further discussion continued on landscaping, using conifers, trees on the property of the homeowners, etc. Landscape architect was not able to attend meeting due to a family emergency. He would be available next week. Melanie feels there is a hardening tenure at this meeting. Felt the meeting previously was more conciliatory with everyone. Feels we have taken a very harsh position. John Rieschl commented on desiring to keep our operation in Plymouth and that we have made an honest effort to please the neighborhood as to what is reasonable and within means; it might come to the point where we would simply have to sell the property. We have gone above and beyond what is actually required, including the model. Linda Cramer stated the bottom line would be that without some kind of legal written agreement or document she wouldn't feel comfortable and intends to go to the City Planning Commission and express that this is not a very friendly arrangement. Elden questioned Melanie and Linda regarding this legal document: "If we as a congregation would go ahead and say, 'Yes, we'll enter into some kind of legal agreement that we will not pursue purchase of adjacent property in the future,' would that bring you to the point then that you would go to the City Council and say, 'Yes, we are in favor of project.' Or are we going to come back to the point of many of the subjective questions we had last week about noise, traffic and everything else. Very frankly, we are at a point where if we take many more steps backward, we're going to go off the end of the high board and that's the basic concern as to what we're really talking about. If that is the thing that you are so concerned with at this point and we were to sign saying, 'Yes, we will not pursue further purchase of property adjacent to what we already own.' would you then be in favor of the project." Linda responded, "From my perspective, I would drop opposition. I'm getting just tired of this battle. If the roof line is lowered, if there is adequate screening and that goes in, it is getting to be just too much effort on my part to continue this battle. I would drop opposition." Development Committee Meeting Page 3 March 24, 1990 Melanie stated, "From my perspective, Linda is further down the road than from where I'm at. It's hard to tell because my property is not properly placed on there. If there was screening in there, especially on the hill, so that if I,didn't have to spend my days overlooking the whole development, I mean parking lot, and by the same token the same thing on Balsam Lane. I would be concerned about some expansion taking place above, directly across the street from me, than I wouldn't have a problem. So, in other words, you have to agree that 'Yes, we're not going to further expand,' and I'm talking about the property of that elderly lady who lives there now or whoever owns it, but if we sit there in front of her house and rock there most of the time in the summer and didn't have to look at the parking lot of a huge building from the back, than I would be fine." Elden commented, "You're talking about screening off site, off our site onto the backyards of your property." Jack questioned if the neighbors could get together and get an ok from one another to plant trees on other people's lots for screening. Discussion on value of property, people fear the unknown. Mark wants a brief meeting with the landscape architect as soom as possible and said they could meet at his home. Jack will contact landscape architect and plan to meet at Mark's home on Monday, March 26, 6:00 p.m. Phone numbers were listed and people will be contacted. Debbie Bodin stated in representing neighbors in her area who could not attend that they feel the church is a better option than some of the other things they have thought of. They would be amicable towards that. Meeting will continue as soon as arrangements can be made with the landscape architect. Monday, March 26, 1990,6 :00 p.m. Elden Nelson, John Rieschl, Sam Dyrud, Jack Ovick, and Landscape Architect, Don Obernolte, met at the home of Mark Beltrand and also visited the home of Melanie Flessner to study the views from the west side of the property. Views from the home. of John Maas who lives on the southeast corner of the property were also studied. Studying /reviewing the views from various locations will give the architect a better picture of what can be done for adequate screening. Respectfully submitted, Aini D. Myking - 17 March 20, 1990 Dear Homeowner: mebirine Knke Kut4ernn Ti,trr4 & ArabzmU 3110 East Medicine Lake Blvd. Minneapolis, Minnesota 55441 Laurel M. Udden, Pastor Phone (612) 544.9778 ArabetnV 6300 Walker St. St. Louis Park, MN 55416 Phone (612) 922.8276 HHOWN APR 16 1990 CITY OF PL`- i.?MOUTH COMMUNITY DEVELOPMENT DEPT. Enclosed are minutes of a meeting held Saturday, March 17, where concerns of adjacent neighbors were shared and discussed. This coming Saturday, March 24, the church will respond to the neighborhood concerns. Please plan to attend if you have any issues overlooked or you were unable to attend the meeting on March 17th. This meeting will be held at the same location, City of Plymouth Lunch Room, beginning at 10:00 a.m. Sincerely, Building Committee Medicine Lake Lutheran Church and Academy Enclosures: First meeting notice Minutes of first meeting Affiliated with the Association of Free Lutheran Congregations ISSUES ADDRESSED 1. ROOF LINE ON ACADEMY SECTION Will be lowered; concept would cut massing from west. 2. LANDSCAPING /SCREENING Extra conifers on west side of playground area to reduce noise. 3. BUILDING ON NORTH SIDE OF OLD COUNTY ROAD 9 Doesn't appear there would be enough property for our needs. 4. CHURCH AND ACADEMY AS ONE UNIT Practice is to have one operation. 5. STAKES FOR STRUCTURE LOCATION The stakes are in place. 6. BUS PARKING Will not be parked on site. 7. MOVING PLAYGROUND TO EAST SIDE OF PROPERTY For safety reasons it will not be moved. 8. SIZE OF OPERATION ON PROPERTY Structure and building size meet all city ordinances, setbacks, except height of spire. 9. SPIRE HEIGHT Feel it is'characteristic of church building and other churches in community. 10. THE PROPERTY IS OWNED BY MEDICINE LAKE LUTHERAN CHURCH. MEDICINE LAKE DEVELOPMENT COMMITTEE MEETING WITH HOMEOWNERS ADJACENT TO PROPERTY PLYMOUTH CITY HALL, MARCH 17, 1990, 10:00 a.m. ATTENDEES: John Rieschl, Elden Nelson, John Wire, Dennis Holmquist, Pastor Udden, Aini Myking, Architect Jack Ovick HOMEOWNERS: Duane and Linda Cramer, Gerald and Lynn Woessner, Mark Beltrand, Melanie Flessner, Veryl Chihak CITY PLANNER: Blair Tremere CITY COUNCIL: Carole Helliwell John Rieschl, Dennis, Elden and Aini arrived early to set up and spend time in prayer. John Rieschl presided and asked homeowners present to introduce themselves and point out location of their residence on the model. John stated purpose of meeting as stated in letter and called on Duane Cramer, Chairman of their group, for presentation /comments. Duane said they had a meeting after receiving a copy of the plans. Stated concerns as to original roof /reviewed alternative for lowering roof; that concept would cut the impact, the massing as viewed from the west. Also expressed concerns on views. Mark used a 14' staff with a red flag to check views from distance as to the parking area. Melanie viewed it from Balsam Lane; they could see over half of the field area which would be the parking area. Mark stated they realize it would be impossible to totally screen it but just wanted to check it out. Jack explained reasons for berm, fence, trees, etc., - -to soften view and screen as much as is reasonably possible. City also has concerns for types of trees by the bike path to assure their survival with plowing and use of chloride during winter season. Jack suggested a plan to compromise with the landowners as to areas devoid of trees to plant trees in certain strategic spots on the hill to help with screening. Mark stated he personally didn't have a problem with the view realizing we are doing all that is reasonably possible to screen it. Linda Cramer stated that when people from the church called on them three years ago they did not mention a school along with the church. Said they didn't know about the school until last fall. Pastor Udden stated he visited the neighborhood three years ago and did mention the church /school. He remembered calling on Melanie and she even commented she might send her children there; Melanie couldn't recall she said that. Linda commented she had no problem with a church but is opposed to the school on same property. Jack suggested they visit our school in St. Louis Park to observe discipline, recess, etc., to see for themselves.. Stated it isn't like a typical public school; was very impressed with the control teachers had over the students. Comments from board members as to number on playground at one time, teacher in supervision, etc. Linda expressed concern with activity all week long, additional traffic - -it will be a major operation and their neighborhood will not be the same quiet neighborhood as now. Veryl Chihak again encouraged visiting our school to observe the discipline. Melanie and Linda wanted to know why we don't move the church to where the school is currently. John Rieschl responded regarding feasibility of situation. Linda wanted to know why we couldn't have the school in a different location and have just the church on this piece of property. Duane asked how many school families live in Plymouth. Elden responded - -about 30 families in Plymouth and after doing a study this location is the most centrally located for all families with children in the academy. Page 2. Linda asked about distance from property line to homes. Jack responded with figures and referring to drawings. Jack explained a study which was done in another school area where they ran tests as to decibels of noise level. This could be done at current school. Linda wanted to know if the school couldn't be built on the north side of old County Road #9. It would take the school out of their backyards. John Rieschl responded - -would involve switching of property with city - -is this feasible? Gerald Woessner questioned status of church as to financial means to build and properly maintain a church /school. Wanted to know how long we've been in existance, why we haven't built before, etc. Also questioned growth potential and how we could survive if we don't grow. Questions responded to by John Rieschl and Dennis. Jack reviewed calculations regarding parking and meeting zoning codes with allowable growth potential. Gerald also questioned capacity for students - -Jack responded. Back to further questions on financing with responses from Elden, Jack and John Rieschl. Gerald once again stated concerns about noise and that noone wants to live next to a school. Feels the project is too massive for the size of the property; can't understand why we would even consider this large a project on this property. Also concerned about traffic. Melanie brought up noise from playground area again. Jack suggested the possibility of moving playground area closer to Zachary Lane and putting up a fence to keep the children safe in that area. Will be studied and considered. Linda questioned an addition which was proposed in the original plan. Jack explained what intentions were at that particular time. The plan has been completely dropped. Linda wants to see something in writing, a legal document, to protect the neighbors so there would be no further development /additions in the future. Agreed this is feasible and can be done. Pastor Udden mentioned the trend today is to have multipurpose areas in churches to better facilitate property /space; this is what we are doing. Mark requested having stakes placed on the property marking exact location of building. Jack said this can be done and explained further how the building would be built with only one story visible on the north side, etc. Linda once again brought up issue of building north of Old Country Road #9. Would have to be reviewed with City as to their plans for that property. Questions steered to Blair Tremere, City Planner, regarding traffic, availability of property, what city owns, what they plan to do, etc. Blair explained current situation and will have more complete answers for the next meeting. Question on planning of bike path - -why not executed earlier instead of waiting until church is built. Blair answered question. Melanie questioned contingencies /safeguards if church runs out of funds before landscaping is completed. Jack explained city regulations -- cannot occupy building or property until everything is completed. Mark questioned length of construction period. Jack responded that physical building would take about 6 -8 months. After rough grading is done the planting is established as quickly as possible. Melanie questioned variance regarding parking. Jack answered her question. John Rieschl explained drainage for runoff. Linda questioned excavation. what needs to be done. Blair Tremere explained plan long before our church /school school areas. Blair said this Jack explained procedure, how it will be handled, and to widen /upgrade Zachary Lane and said this has been planned came into the picture. Linda asked about reduced speeds for should be brought to the City. L Page 3. Number of busses questioned and where are they parked? John Rieschl responded, explaining parking arrangement with the Bible School. Blair Tremere commented on trees sharing his experience from 17 years in his business. Emphasized using evergreens which are better for screening year round. If looking for function from landscaping regarding noise and view, evergreens are the best. Also said not to ignore use of vertical board fencing to plug in areas - -very effective for neighbors faced with parking lots. A combination of these suggestions will gain a lot of the buffering we're looking for. Mentioned berming is good also. Evergreen and vertical board fencing go a long way in providing communication. Jack suggested having a landscape architect attend our next meeting to give advice. Duane referred to drawing with only 5 existing trees to remain. Error in drawing and Jack said it will be corrected. Melanie suggested families on the east side of Zachary should be invited to the next meeting. These families were notified as requested by city when first public meeting was held with the Planning Commission. Agreed to send letter or deliver personally regarding next meeting on Saturday, March 24th. Duane suggested we go to the city and tell them as long as they're upgrading Zachary Lane to put in a piping system as part of the storm sewer system and get it out of everybody's eyesight. They should put their water into their pipe. Politically the city would make impact on entire neighborhood. / Gerald brought up the steeple as to meeting code. It is slightly over code and would _/ require a variance. Cramer suggested we could lower it but at the same time the peak VVV would have to be lowered a few feet to make it look right. Agreed to study this. Meeting to continue on Saturday, March 24, 10:00 a.m., Plymouth City Hall Lunchroom. Respectfully Submitted, Aini Myking,, Recorder a aa.a a won= MoMfa..aai am aam iii " aa a ®a uie u° .a a aoo ao now no _ aa as u. aa : ao im I Cia viii ° _ i ai ii iiia an a.aa.aa aa.a a MUUZW EUEE 1. a a aa.a February 28, 1990 Dear Neighbors: i lebirine Inke Kuthernn 0. „,arc# & ArnbemU 3110 East Medicine Lake Blvd. Minneapolis, Minnesota 55441 Laurel M. Udden, Pastor Phone (612) 544.9778 ACabemg 6300 Walker St. " T' EMT St. Louis Park, MN 55416 Phone (612) 922.8276 MAR i 19901 q ; I LYMOUTH COMMUNITY DEVELOPMENT DEPT. i City of Plymouth Councilmemoers suggested we "get together” and resolve questions and problems you have concerning our proposed Church /Academy in your neighborhood. Please plan on attending a meeting from 10:00 to 12:00 a.m. on Saturday, March 17, in the City of Plymouth Lunch Room, located on the lower level of the building. The purpose of the meeting will be to look at site changes you feel would make the present Church /Academy design more compatible with your neighbor- hood. The model and drawings of the site and structure that were presented at the recent Council meeting will be available for your inspection. The Building Committee and the architect, Jack Ovick, will answer questions. The meeting objective will be the compilation of a list of your proposed changes for the Building Committee and the architect to study. Responses to the proposed changes will be made at a follow -up meeting the following Saturday (the 24th), at the same time and place. If you cannot attend these meetings, please submit your changes in writing and let someone in your neighborhood bring them, or mail them to: Medicine Lake Lutheran Church Attention: Building Committee 3110 East Medicine Lake Boulevard Plymouth, MN 55441 Or, express your changes verbally to someone who will be attending. We earnestly seek your input. Sincerely, Building Committee Medicine Lake Lutheran Church and Academy P.S. Bring your City Councilmember and /or Planning Commissioner to the meeting. Affiliated with the Association of Free Lutheran Congregations egu ar Council meeting oqgd g February 5, 1990 Page 33 Ronald Libby, representative of Bass Lake Liquor, appeared with As attorney Steve Sondrall. Mr. Sondrall requested that the Council impose no penalty and take no further action on this incident. He stated that a former employee of Bass Lake Liquor did enter a guilty plea to selling liquor to an underaged person; however, the plea was made pursuant to a plea bargain. The plea and charges will be dismissed if no further liquor law Incidents occur in the next 10 months. Mr. Sondrall stated that the establishment does not have strict liability in this incident because, as the police incident report notes, the minor admits using a false identification to purchase liquor on a number of previous occasions at this establishment. He stated that no further action should be taken since the criminal charge that initiated the hearing may be dismissed. Mayor Bergman closed the hearing at 7:20 p.m. Attorney Thomson stated that the clerk did not ask for identification in this particular instance. There was a guilty plea in the case and it is not accurate to say that the criminal charge solely initiated the hearing. Then Council holds a hearing to consider a civil penalty based on the original Incident, not necessarily the outcome. He stated it is his opinion there is sufficient basis to impose a civil penalty in this case, if it is the Council's desire. Councilmember Ricker asked if charges were brought against the minor who purchased the liquor. Attorney Thomson stated that a citation was issued. Councilmember Ricker stated he feels some sympathy for the establishment because of the situation; however, there is some degree of guilt and irresponsibility in not at Ing for identification for this particular sale. MOTION was made by Councilmember Ricker, seconde'. by RESOLUTION NO. 90 -71 Councilmember Vasiliou, to adopt RESOLUTION NO. 90 -71 IMPO NG IMPOSING PENALTY FOR PENALTY FOR LIQUOR LAW VIOLATION AGAINST BASS LAKE INC. LIQUOR LAW VIOLATION reducing the penalty from $1,000 to $500 due to the AGAINST BASS LAKE INC. circumstances in this case. Item 7 -A Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Mayor Bergman introduced the request of Medicine Lake Lutheran Medicine Lake Lutheran Church for approval of Site Plan, Conditional Use Permit, Church (89086) Rezoning, and Variance for property located at the southwest Item 8 -A corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road) (89086). Regular Council Meeting February S, 1990 Page 34 John Rieschl, 2416 Kewanee Way, appeared on behalf of the church. Mr. Rieschl stated that Medicine Lake Lutheran Church has been located at 3110 E. Medicine Lake Blvd., for 25 years. The school was started in 1980 and after three years was moved to St. Louis Park. The proposed location at Zachary Lane and Old Rockford Road would be for a church building, which would include the academy. Mr. Rieschl stated church representatives notified neighborhood residents of the proposal in September, 1989. Seventeen residents attended an informational meeting where an informal site plan was presented. He stated that at the Planning Commission hearing several residents stated a fear of reduced property values due to the construction of the church. Chairman Plufka requested that those persons should provide statistics to support their claim. Mr. Rieschl stated that letters submitted by realtors are not sufficient to validate a possible loss in property values. He stated that this project will address the water run -off problems that currently exist from this site and major landscaping is proposed to buffer the abutting residences. Jack Ovkk, architect for the project, presented a model of the proposed church structure and the site. He stated the proposed building provides multiple use of space for church, nursery, school, and storage. Mr. Ovkk explained the proposed drainage improvements. He stated that the proposed location of the playground is the safest, and there is an adequate buffer between the playground and abutting homes. Mr. Ovkk explained the two roof options that are proposed; one is lower to minimize the roof mass. He said the proposal meets City standards and the objections have been "abstract ". Gerry Woessner, 4200 Cottonwood Lane, requested that the Council deny the requests. He noted the areas of concern contained in the staff report and stated that the petitioner has not responded to all requests for information from staff and the Planning Commission. Mr. Woessner stated the proposed project Is too large for the limited space and there is an adverse relationship between the proposed use and the abutting residential area. Mr. Woessner stated the project would depress abutting residential property values, create noise and congestion due to the seven day a week operation, and create traffic hazards due to inadequate parking. Attempts to provide a buffer to the adjacent properties is inadequate. Mr. Woessner stated the neighbors are not opposed to a church or school, but the proposed facility is too aggressive for this site. The petitioner has not adequately addressed the concerns of the neighborhood. Regular Council Meeting February 5, 1990 Page 35 Duane Cramer, 11210 42nd Avenue North, stated that the proposed structure is equivalent to 4 112 stories high. This is not consistent with adjacent 1 -2 story homes. The impact of the building size is magnified because it is on a small lot. Mr. Cramer expressed concern of overflow parking and increased traffic on Zachary Lane, particularly at Old Rockford Road. He stated the intersection should be studied to determine if it can adequately handle the amount of additional traffic which would be generated by the proposed church and school. Mr. Cramer stated the church anticipates a 50% membership growth in the next five years. He asked where the space will be for parking and building expansion if the growth occurs. Future growth area is very limited, other than a minor expansion area for the parking lot. Mr. Cramer stated the project should be deferred until the neighbors' questions are answered. He stated the neighbors have not had sufficient input. Councilmember Vasiliou asked if the architect's model had been shown to the neighbors and to the Planning Commission. Mr. Cramer responded that the model has not been seen by the neighbors. Councilmember Vasiliou asked why the church purchased the property before receiving necessary approvals from the City. Mr. Rieschl stated that after the property was purchased in 1986 for a church, the decision was made later to incorporate the school facility as well. Councilmember Vasiliou stated she could not support the request because many questions remain unanswered. The church needs to work with the neighbors to address adequate buffers, and needs to address how it will expand in the future. It is unacceptable that the model has not yet been shared with the neighbors. At Councilmember Zitur's request, Community Development Tremere presented a brief staff report on the request. He stated the Planning Commission vote was 3 recommending approval; 3 recommending denial; and 1 abstaining. Commissioners voting against the motion to approve indicated their votes were not in opposition to the concept of a church /school at this location, but rather with specific reference to deficiencies in site design resulting in a project that did not respond to the Zoning Ordinance with respect to the screening of parking from residences to the south, nor to the relationship to other property in the immediate vicinity. Regular February Page 36 Council Meeting 5, 1990 Richard Plufka, Planning Commission Chairperson, stated that the following concerns were raised at the Planning Commission hearing: Screening on the east and south property lines to respond to the Zoning Ordinance requirement that off - street parking areas be screened from adjacent residences and the standard of the Conditional Use. Permit that requires compatibility with permitted uses in the surrounding neighborhood; Considering reduction in height /mass for the church structure; Relocating the playground area from the west side immediately adjacent to the existing residences; Considering a reorientation of the building to create a better aesthetic appearance; and reducing the height of the proposed spire. Another concern was that the bulk of the screening was proposed as deciduous rather than evergreen trees. Councilmember Helliwell asked if a traffic study has been done In this area for this project. Public Works Director Moore stated a study has not been conducted. A study is not normally done when a permitted use is proposed. Councilmember Helliwell suggested that the matter be referred back to the church and neighborhood to try to negotiate an agreement. MOTION was made by Councilmember Zitur, to Lutheran Church (89086) Commission, with directi representatives to attempt prior to Council reconsid issues cited and the information Councilmember defer the re and refer th on to the to resolve t eration of the Motion carried, five ayes. Ricker, seconded by quests of Medicine Lake em back to the Planning church and neighborhood he questions and concerns requests in light of the presented to the Council. Defer Requests of Medicine Lake Lutheran Church (89086) Item 8-A Coun lmember Helliwell asked why a separate resolution is Lowry Hill Const. needed o set conditions for filing of the final plat. Deerhaven 3rd Addn. 89105) Director Tr ere stated that Hennepin County has indicated that Item 8 -B the approving resolution for a final plat should not be encumbered by co itions. Therefore, a separate resolution is provided that sets'r onditions to be met by the developer in order for filing to ocoyr. MOTION was made by Counci%iember Vasiliou, seconded by Mayor Bergman, to adopt RESOLUT NO. 90 -72 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DE OPMENT PRELIMINARY PLAN AND CONDITIONAL USE PERMIT FOR LO HILL CONSTRUCTION COMPANY 89105) (RPUD 81 -4). Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 90 -72 APPROVING AMENDED RPUD PREL. PLAN AND CUP FOR LOWRY HILL CONST. CO. 89105) Item 8 -B Planning Commission Minut January 24, 1990 Page 12 Chairman Plufka introduced the request by Medicine Lake Lutheran Church for a Rezoning, Site Plan, Conditional Use Permits, and Variance to construct a place of worship and day school located at the southwest corner of Zachary Lane and Old Rockford Road. Coordinator Dillerud gave an overview of the January 16, 1990, staff report. Chairman Plufka stated to the public that those who wish to speak should speak to the amendments made by Medicine Lake Lutheran Church since their deferral, and refrain from repeating comments made at the last Planning Commission Meeting. Coordinator Dillerud showed a color /texture sample of the proposed fence to the Commissioners. Commissioner Marofsky asked staff how high the proposed fence would be. Coordinator Dillerud responded 8 feet plus the berm height. Chairman Plufka introduced John Rieschl, representing the petitioner. Mr. Rieschl stated that he is the Chairman of Medicine Lake Lutheran Church. He stated that Medicine Lake Lutheran Church is currently renting property in St. Louis Park and that they do not own it. Mr. Rieschl addressed two concerns brought up at the last Planning Commission Meeting. The first issue was the playground location. Mr. Rieschl stated that the reason they plan to locate the playground at the northwest corner of the site is mainly due to safety reasons. He stated that they wanted it behind the school off of Zachary Lane where the teachers would more easily have control of the children. The second issue was the screening on the south end of the site. Mr. Rieschl stated that they have taken out about 25- 30 trees due to Dutch Elm Disease. He stated that their plans are to clean out the dead trees and replace them with more new trees. Chairman Plufka introduced Mark Baker of 4600 Forestview Lane. Mr. Baker stated he was in favor of the proposed plan. He stated he felt the church would be a positive influence on the neighborhood. Chairman Plufka introduced Lannie Beltrand of 4120 Balsam Lane North. MEDICINE LAKE LUTHERAN CHURCH (89086) 2"Ne Planning Commission Minut January 24, 1990 Page 13 Ms. Beltrand stated that she was concerned about the drainage ditch located in her back yard; that the screening from the parking lot was inadequate; and, that the landscaping would be insufficient. Ms. Beltrand then asked if there would be a guarantee that the landscaping will be completed as proposed. Commissioner Marofsky explained that the City holds a bond for all developers to assure completion of landscaping, and that if they do not do the landscaping as required, the City will take from that bond money to complete the work for them. Ms. Beltrand asked what was going to be done with the drainage ditch. City Engineer Faulkner explained that a new culvert will be put in under Old Rockford Road, and the drainage will be diverted back to the east to the Zachary Lane ditch. Ms. Beltrand stated she was also concerned about her property value decreasing, and asked if the City can restrict the church from any other uses besides what is proposed. Coordinator Dillerud explained that all other uses besides what is proposed will require a Conditional Use Permit. Chairman Plufka introduced Veryl Chihak of 4130 Balsam Lane North. Mr. Chihak did not comment. Chairman Plufka introduced Linda Cramer of 11210 42nd Avenue North. Ms. Cramer submitted a petition to the Commission opposing the proposed plan, and Chairman Plufka noted for the record that a petition was received by the Commission. Ms. Cramer stated she was in opposition to the proposed plan, and expressed her concern about an increase in traffic; the size of the structure is incompatible with the neighborhood; and, the property value and market value of her home will decrease. Chairman Plufka introduced Duane Cramer of 11210 42nd Avenue North. Mr. Cramer stated that he was in opposition to the proposed plan. He stated he had spoken with four prominent realtors, and they have all given their opinion that his property value will decrease significantly. He pointed out that the residents across Balsam Lane will also be visually impacted Planning Commission Minut January 24, 1990 Page 14 by the proposed structure due to the offset placement of their homes. Chairman Plufka asked Mr. Cramer if he had any statistical proof that his home will depreciate in value. Mr. Cramer stated that he did not have any written facts. Chairman Plufka introduced Rod Dallin of 12400 50th Avenue North. Mr. Dallin stated he was in favor of the proposed plan, and he would like to see the project expedited. Chairman Plufka introduced Joan Denis of 5105 Norwood. Ms. Denis stated she was in favor of the proposed plan, and supports Medicine Lake Lutheran Church. She stated she would also like to see the project expedited. Chairman Plufka introduced Eugene Enderlein of 4600 Hemlock Lane. Mr. Enderlein did not comment. Chairman Plufka introduced Bruce Flessner of 4115 Balsam Lane. Mr. Flessner did not comment. Chairman Plufka introduced Melanie Flessner of 4115 Balsam Lane. Ms. Flessner did not comment. Chairman Plufka introduced Paul Jasper of 11140 40th Avenue North. Mr. Jasper expressed his concern about the landscaping and lighting. He asked what kind of lighting is being proposed. Coordinator Dillerud responded that per City practice, no light should leave the site in excess of the .5 -foot candle contour. Mr. Rieschl stated that the low profile lights will remain on until 10 p.m. or 11 p.m. for safety reasons. Chairman Plufka introduced Jo Ann Kraft of 4345 Oakview Lane. Ms. Kraft stated that she was in favor of the proposed plan and would also like to see it expedited. Planning Commission Minul January 24, 1990 Page 15 Chairman Plufka introduced Len Riley of 11340 47th Avenue North. Mr. Riley did not comment. Chairman Plufka introduced John Schlenk of 6640 Brunswick Avenue North. Mr. Schlenk did not comment. Chairman Plufka introduced Carol Wehrman of 11625 40th Avenue North. Ms. Wehrman did not comment. Chairman Plufka introduced Gerald Woessner of 4200 Cottonwood Lane North. Mr. Woessner stated he was in opposition to the proposed plan. He stated he felt his property value would decrease. Mr. Woessner stated that the screening on the west side is inadequate and that there is 115 feet of no screening on the southwest corner. He stated that the proposed berm would allow run -off water onto the residents' properties. He added that the staggered fence would not provide security to the site or neighboring properties. Mr. Woessner summarized that the proposed plan and specific structure is not compatible with the neighborhood. Chairman Plufka introduced Veryl Chihak of 4130 Balsam Lane North. Mr. Chihak stated he was in favor of the proposed plan. He stated he had talked with six prominent realtors, and five of them gave their opinion that the proposed plan would not decrease the value of his home. He stated that the proposed school only goes from grade K to grade 8; therefore, no wild high school students will disrupt the neighborhood. He further stated that there are other accesses to the residents' homes, and I added that no matter what is built, their homes will always be at a higher elevation, looking down. Chairman Plufka introduced Bruce Flessner of 4115 Balsam Lane. Mr. Flessner stated he was in opposition to the proposed plan. He stated it was too large a project to put on such a small parcel of land. Chairman Plufka introduced Melanie Flessner of 4115 Balsam Lane. Planning Commission Minut. January 24, 1990 Page 16 Ms. Flessner stated she agreed with her husband's statements, and added that they will be visually impacted by this proposal. Chairman Plufka introduced Len Riley of 11340 47th Avenue North. Mr. Riley did not comment. Chairman Plufka introduced John Schlenk of 6640 Brunswick Avenue North. Mr. Schlenk did not comment. Chairman Plufka introduced Carol Wehrman of 11625 40th Avenue North. Ms. Wehrman did not comment. Mr. Ovick, the architect, and Mr. Rieschl presented pictures to the Commission of their selective cutting.of trees on the south end of the property. Chairman Plufka introduced Beverly Enderlein, the administrator of the proposed day school. Ms. Enderlein stated that their endeavor is to be good neighbors. She stated that the boys and girls and their families have made many sacrifices to get this project underway. She stated Medicine Lake Lutheran Church has gone to great lengths to have adequate landscaping. She further stated that the proposed plan does not allow for growth, which Medicine Lake Lutheran Church realizes. Since there will only be 9 classrooms, Ms. Enderlein stated there will minimal noise on the playground. Chairman Plufka introduced Dennis Holmquist of 12648 73rd Avenue North. Mr. Holmquist stated ' -he is a member of Medicine Lake Lutheran Church, and h is in favor of the proposed plan. Chairman Plufka introduced Stan Nathanson of 11600 41st Avenue North. Mr. Nathanson stated he is the president of the Mission Hills Homeowners Association, and he is in opposition to the proposed plan. He suggested the association continue to work with the church until they reach agreement on the plan. Commissioner Marofsky asked Mr. Rieschl why they have not changed the roof slope on their Site Plan as suggested at the last Planning Commission Meeting. Planning Commission Minut January 24, 1990 Page 17 Mr. Rieschl stated that they have looked into other options, but their Building Committee has determined that the sharply angled roof would be in character with the neighborhood. He further stated that turning the building, as suggested at the last Planning Commission Meeting, would provide greater visual impact for the residents to the west than it does as now proposed. Commissioner Marofsky asked staff if there was any kind of provision for maintenance of the fence, trees, and berm. Coordinator Dillerud responded that there is no provision beyond perservation of the the actual screening to comply with the Zoning Ordinance. Commissioner Marofsky stated his concern that the fence, trees, and berm could become an eyesore if not maintained. Coordinator Dillerud responded that it would be possible to require continued maintenance of these items as a condition of the Conditional Use Permit, but that it would be very difficult to administer. MOTION by Commissioner to recommend approval Lutheran Church for a Permits, and Variance day school located at and Old Rockford Road, in the staff report of Zylla, seconded by Chairman Plufka, of the request by Medicine Lake Rezoning, Site Plan, Conditional Use to construct a place of worship and the southwest corner of Zachary Lane subject to the conditions set forth January 16, 1990. MOTION by Commissioner Zylla, seconded by Chairman Plufka to amend the main motion by adding a condition that the petitioner must conform with the Zoning Ordinance as to screening at the south side of the proposed site. Roll Call Vote. 6 Ayes. Commissioner Wire abstained. MOTION carried. MOTION by Commissioner Zylla, seconded by Commissioner Marofsky, to amend the main motion by adding a condition that limits the day school enrollment to 175 students, grades K - 8. Chairman Plufka stated that he was concerned that the Planning Commission would be stepping into State Law if they approved such an amendment. He stated that he does not see the necessity of such a limitation. Commissioner Tierney asked the petitioner what would be the maximum number of students proposed. Ms. Enderlein responded that Medicine Lake Lutheran Church has a resolution stating that they shall not exceed 225 MOTION TO APPROVE MOTION TO AMEND VOTE - MOTION CARRIED MOTION TO AMEND Planning Commission Minu' January 24, 1990 Page 18 students for enrollment. She further stated that they presently have 198 students enrolled. Roll Call Vote. 1 Aye. Commissioners Pierce, Tierney, Marofsky, Stulberg, and Chairman Plufka Nay. Commissioner Wire abstained. MOTION failed. MOTION by Commissioner Zylla, seconded by Chairman Plufka, to amend the main motion by adding a condition that limits the day school enrollment to 225 students, grades K - 8. Roll Call Vote. 4 Ayes. Commissioner Stulberg and Chairman Plufka Nay. Commissioner Wire abstained. MOTION carried. Commissioner Stulberg stated he will vote in opposition to the proposed plan because he felt the petitioner has not fulfilled the requirements of Standard No. 3 of the Conditional Use Permit standards because of the massive roof height and the poor landscape plan. Commissioner Zylla expressed his concern with the roof structure. He stated it serves no purpose except for form, and that the roof line should be broken and lowered. Commissioner Marofsky stated he was in agreement with Commissioner Zylla, and will therefore vote in opposition to the proposed plan. Roll Call Vote on main motion. 3 Ayes. Commissioners Pierce, Marofsky, and Stulberg Nay. Commissioner Wire abstained. MOTION failed. Chairman Plufka stated that he felt the proposal does not violate the Zoning Ordinance, and he does not disagree with its use. Commissioner Marofsky stated that his vote was not against the use, but he felt the site was inappropriate for the building structure. Commissioner Pierce stated he was in agreement with Commissioner Marofsky, and stated he felt there was too much roof mass. Chairman Plufka called a 5 minute recess at 9:55 p.m. Chairman Plufka resumed the meeting at 10:00 p.m. VOTE - MOTION FAILED MOTION TO AMEND VOTE - MOTION CARRIED VOTE - MAIN MOTION FAILED Chairman Plufka introduced the request by John DeVries for a J WILD WINGS Lot Division /Lot Consolidation and Variance for Wild"""" (89101) Addition located at 4925 Valley Forge La Chairman Plu a overview of the January 18, 1990, morandum. CITY OF PLYMOUTH PLANNING COMMISSION MINUTES NOVEMBER 29, 1989 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:30 p.m. MEMBERS PRESENT: Commissioners John Wire, Hal Pierce Dennis Zylla, Joy Tierney, Larry Marof , and Michael Stulberg. MEMBERS ABSENT: Chairman Richard Plufka. STAFF PRESENT: Coordinator Charles Pfl Ierud, City Engineer Dan FaulAer, and Sr. Clerk /Typist Denise nthier. MINUTES MOTION by Commissioner T' ney, seconded by Commissioner MOTION TO APPROVE Wire, to approve the utes for the November 8, 1989, Planning Commission eeting subject to the following changes: On page 251, Kragraph 10, in the MOTION by Commissioner Marofsky, t words "on Sundays" should be deleted at the end of the.Aentence. On pa 254, paragraph 8, in the first sentence, the words an ,SKthe MOTION to approve" should be inserted before the ds "on the table" Vote. 5 A, Commissioner Zylla abstained. Vice Chairman Stulberg introduced the request of Medicine Lake Lutheran Church for a Rezoning, Site Plan, Conditional Use Permits, and variance to construct a place of worship and day school on property located at the southwest corner of Zachary Lane and Old Rockford Road (1115 Old Rockford Road) . Coordinator Dillerud gave an overview of the November 1, 1989, staff report. Commissioner Marofsky noted that the Site Plan shows the roof height to be 45 feet, and the Zoning Ordinance standard for the R -1A District is 35 feet. MOTION CARRIED MEDICINE LAKE LUTHERAN CHURCH (89086) Planning Commission Meeti November 29, 1989 Page 259 Vice Chairman Stulberg introduced Jack Ovick, the architect representing the petitioner. Mr. Ovick stated that the church structure was to be placed on the north end of the site because of the quality of the soils. He stated that the building was designed with slope roofs and shingles in order to be in, character with the residential neighborhood. He stated that there would be no summer school, and the traffic would be at a minimum because of their busing system. He further stated that they spoke with the neighbors to the west, and most of them said they did not want buffering, but rather to leave the west property line open for easy access by neighboring children to the playground. Commissioner Stulberg asked Mr. Ovick if he agrees with the conditions set forth by staff in their report. Mr. Ovick responded affirmatively except with respect to conditions related to drainage found in the Engineer's Memorandum. Commissioner Marofsky asked Mr. Ovick if he had discussed the matter of a fire lane with staff in regard to the future addition. Mr. Ovick responded affirmatively. Coordinator Dillerud stated that a fire code variance has been requested and recommended for approval by the Fire Chief to not construct fire lanes on the east, west, and north sides of the structure upon conditions related to additional fire fighting features to be added to the structure. Commissioner Zylla asked Mr. Ovick if they have prepared a colored rendering. Mr. Ovick responded negatively, and stated that they will address the building appearance in greater detail after their Conditional Use Permit is approved. Commissioner Zylla asked Mr. Ovick if he realized that staff still does not find the buffering consistent with Zoning Ordinance standards. Mr. Ovick responded that they have hired a landscape architect to address the situation. Commissioner Pierce asked staff how many parking spaces are required by the Ordinance if the addition is built later. Coordinator Dillerud responded that future additions have not been considered in staff review, and future additions are specifically not recommended for approval. Planning Commission Meeti November 29, 1989 Page 260 Mr. Ovick stated that the addition would be used as a kitchen or storage area; therefore, he thought no additional parking would be required. Vice Chairman Stulberg opened the Public Hearing. Vice Chairman Stulberg introduced Linda,Cramer of 11210 42nd Avenue North. Ms. Cramer did not have comments at that time. Vice Chairman Stulberg introduced Joan Denis of 5105 Norwood Avenue North. Ms. Denis stated that she is in support of this proposal. She stated it will be a good addition to their neighborhood, and she expressed her desire to enroll her children in a Bible -based school near her home. Vice Chairman Stulberg introduced Lou Hermanek of 11160 40th Avenue North. Mr. Hermanek stated he resides on the southwest tip of the proposed site, and he is in opposition of this proposal. He stated that one of the reasons he purchased his home was because of the heavily wooded area in his rear yard. He expressed his concern of losing most of the woodlands and having a parking lot for his view. He asked how much of the woodland and bike trail would be preserved and if the proposed parking lot would be 30 feet from his property line. Coordinator Dillerud responded that the grading plan shows most of the trees being preserved, but the landscape plan shows some of the trees being cut down and replaced with new ones. He further stated that the bike trail would not be impacted, and that 30 feet would be the closest the proposed parking lot could come to Mr. Hermanek's property line because of the 30 -foot setback requirement of the Zoning Ordinance. Mr. Ovick stated that it is their intention to selectively cut old, damaged trees and replace them with new ones. Vice Chairman Stulberg introduced JoAnn Kraft of 4345 Oakview Lane North. Ms. Kraft stated she is in support of this proposal. She expressed her desire to have her child enrolled in a Christian education school in a suburb rather than busing to Minneapolis. She stated that the children enrolled in this school will be well- behaved and well- supervised by the staff. She stated that residents of Plymouth cannot expect the City to stay as a reserve for wildlife forever. Planning Commission Meeti November 29, 1989 Page 261 Vice Chairman Stulberg introduced Len Riley of 11340 47th Avenue North. Mr. Riley stated he has been a resident of Plymouth for 4 years, and he is in support of this proposal. He stated the school will be an asset to the community, and he expressed his desire to enroll his children in a, private school such as this. He stated Medicine Lake Lutheran Church chose a very nice location to build. He further stated he was in support of the height of the church spire. He stated the spire gives a sense of security. Vice Chairman Stulberg introduced David Wehrman of 11625 40th Avenue North. Mr. Wehrman stated he has been a resident of Plymouth for 9 years, and he is in support of this proposal. He stated he was excited to have Medicine Lake Lutheran Church a part of the community, and stated he felt it will blend in well with the neighborhood. He also expressed his desire to have a private school in the suburbs so parents would not have to bus their children all the way to Minneapolis to attend a private school. Vice Chairman Stulberg introduced Gerald Woessner of 4200 Cottonwood Lane North. Mr. Woessner stated that he moved to Plymouth from New Hope about one month ago, and his reasons for moving were to get away from a school that was adjacent to his property. He stated he was in opposition of this proposal. He stated the proposed development is being built in a mature neighborhood and that it is too large of a development to fit in such a small area. He stated that the church will be in operation 7 days and nights a week, creating much traffic and noise. He stated that there is no way to shelter the west side of the site because the church is on a much higher elevation than the homes to the west. He noted that trees and bushes will take many years to grow before becoming a buffer to those homes, and a fence is too unsightly. He further stated that the property values of their homes will decrease tremendously, and noted Medicine Lake Lutheran Church owns other land in the City that would be suitable for a church building of this size. Vice Chairman Stulberg stated to Mr. Woessner that property value is an item to be addressed with the City Council and that neither the City Council nor the Planning Commission has the authority to tell a petitioner where else to build. Vice Chairman Stulberg introduced Duane Cramer of 11210 42nd Avenue North. Planning Commission Meeti November 29, 1989 Page 262 Mr. Cramer stated he resides across the street from the proposed development, and indicated he was in opposition to this proposal. He stated he is concerned about the screening, sound, and light. He stated that because of the height of the proposed structure, it would be impossible to screen effectively. He stated he likes the woodlands across the street because they currently act,as a buffer to the traffic noise from Zachary Lane. Mr. Cramer indicated he had spoken with the president of Mission Hill Homeowners Association who asked Mr. Cramer to speak for him at this meeting since he was not able to attend. Mr. Cramer stated that he is also in opposition of this proposal and that no notice was given to the Homeowners Association regarding this. Mr. Cramer further stated that Medicine Lake Lutheran Church is proposing too large a project for the site. Vice Chairman Stulberg introduced Linda Cramer of 11210 42nd Avenue North. Ms. Cramer stated that she is in opposition of this proposal also. She indicated that it would be disruptive for the residents and that Medicine Lake Lutheran Church should develop in a commercial district. She stated that most of the neighbors immediately impacted by this proposal are opposed of it. Vice Chairman Stulberg introduced Mark Beltrand of 4120 Balsam Lane North. Mr. Beltrand indicated that his property adjoins the proposed site and stated that he does not oppose to the church or private school but rather the drainage ditch and the proposed buffering of the site. He indicated that the drainage ditch is an eyesore and a safety factor for his younger child. He indicated a desire to have buffering from his property to the site. City Engineer Faulkner stated that it is a requirement of the Engineer's Memorandum to move the drainage east to Zachary Lane. Commissioner Pierce asked City Engineer Faulkner if there was any water presently in the ditch. City Engineer Faulkner responded negatively. Vice Chairman Stulberg closed the Public Hearing. Commissioner Wire informed Chairman Stulberg that he will step down from discussion and voting on the application. Planning Commission Meeti. November 29, 1989 Page 263 Commissioner Marofsky asked staff why the parking plan shows 16 feet east to west with a 2h -foot overhang when the Ordinance requires 18 feet without an overhang. Coordinator Dillerud responded that it has been past policy that when a parking lot abuts a structure, the full 18 feet is required; therefore, the parking plan is acceptable because does not abut a structure. Commissioner Marofsky asked staff if the developer is allowed to pave the additional 2h -foot overhang. Coordinator Dillerud responded affirmatively, assuming proper setbacks are maintained. Commissioner Marofsky asked staff how the building height was measured. Coordinator Dillerud responded that the building has two elevations and that the front is considered the guiding elevation. Since Old Rockford Road is the most narrow street frontage, that is considered "front" and that grade is controlling in determining building height. Commissioner Pierce asked staff if they have consulted with the City Forester regarding this proposal. Coordinator Dillerud responded that where no plat is proposed, the forester is not involved until just before the developer applies for a building permit. Commissioner Zylla asked staff if the imperious coverage calculated and shown is based on parking deferred by the plan. Coordinator Dillerud responded affirmatively. Commissioner Marofsky asked staff if the developer could turn the building 90 degrees and face Zachary Lane to provide a better buffer. Coordinator Dillerud responded that that would create more of a structure bulk to be viewed from the west. He also stated that a fence is not a very good buffer because they tend to get run -down. Commissioner Pierce stated that the proposed plan shows the hedges to be below the berm level and that they should be placed on the berm top. Commissioner Tierney stated that the proposed playground could create a noisy environment and it should be moved away from the west property line. Planning Commission Meeti. November 29, 1989 Page 264 MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE REZONING Tierney, to recommend approval of the proposed rezoning from FRD to R -1A, subject to the conditions set forth by staff. Roll Call Vote. 5 Ayes. Motion Carried. VOTE - MOTION CARRIED MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO DEFER Zylla, to defer the proposal due to it not meeting Condition No. 3 of the Conditional Use Permit standards related to the design and landscaping being inadequate to reduce the impact on neighboring properties. Roll Call Vote. 5 Ayes. Motion Carried. Commissioner Zylla suggested the petitioner meet with the neighborhood to attempt to have more of a consensus at the next meeting. He further stated that it would be helpful to have a colored pencil sketch of the Site Plan. Commissioner Tierney requested staff to provide additional analysis on the grade and spire. Vice Chairman Stulberg requested staff to send out another one -week notice to those that spoke at the Public Hearing. VOTE - MOTION CARRIED Vice Chairman Stulberg introduced the request by Kingsview KINGSVIEW HEIGHTS —F Heights Homeowner Association for an RPUD amendment to ASSOCIATION (89096) permit project identification signs at the northwest corner of Juneau Lane and County Road 9 and at the southwest corner / of 44th Avenue North and Fernbrook Lane. Vice Chairman Stulberg waived the overview of the October 25, 1989, staff report. Vice Chairman Stulberg introduced Randy Nord, represent the petitioner. Mr. Nord noted an error on the approving reso ion. In Condition No. 2, the sign setback from Rockf Road should be 17.25 feet and not 17.75 feet. Coordinator Dillerud stated he wouldo4ake that change. Vice Chairman Stulberg opened a Public Hearing. There was no one to speak on the issu . Vice Chairman Stulber osed the Public Hearing. MOTION by Comm' Toner Wire, seconded by Vice Chairman MOTION TO APPROVE Stulberg, to ecommend approval of the RPUD amendment requested the Kingsview Heights Homeowner Association to permit o project identification signs at the northwest corn of Juneau Lane and County Road 9 and at the southwest er of 44th Avenue North and Fernbrook Lane, subject to 0. A. - CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: January 16, 1990 COMMISSION MEETING DATE: January 24, 1990 FILE NO.: 89086 PETITIONER: Medicine Lake Lutheran Church REQUEST: Rezoning, Site Plan, Conditional Use Permits, and Variance to Construct a Place of Worship and Day School LOCATION: Southwest Corner of Zachary Lane and Old Rockford Road 1115 Old Rockford Road) GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: The Planning Commission held the required Public Hearing on this item at its November 29, 1989, meeting and requested staff to notify those people who spoke at the Public Hearing when this item would be placed back on the agenda. It was also suggested to the petitioner that they meet with the neighborhood prior to this item coming back before the Planning Commission to attempt to have more of a consensus of the neighborhood at the next Planning Commission meeting. The item was specifically deferred due to the proposal not meeting Condition 3 of the Conditional Use Permit Standards related to the design and landscaping being inadequate to reduce the impact on the neighboring properties. As directed, all persons who spoke at the November 29, 1989, Public Hearing have been notified by mail of the January 24, 1990, continued consideration of this application by the Planning Commission. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner invited the residents to an open meeting on January 10, 1990, to review the revised plans for this proposal. 2. By a memo of January 9, 1990, the architect for the applicant has requested placement on the Planning Commission agenda of January 24, 1990. 3. The petitioner has revised the grading and landscape plans to provide a higher berm, more landscaping, and a fence along the westerly property line to provide a more efficient transition to the residents to the west. see next page) File 89086 Page Two 4. The applicant has not addressed changes responsive to the following issues discussed at the November 29, 1989, Planning Commission meeting: a. Structure height b. Structure orientation c. Spire height d. Play area location e. Transition to residential properties south and east for parking or use 5. As directed by the Planning Commission, the height calculations are as follows: a. North (Rockford Road) grade to hip roof midpoint - 22.5 feet b. South (parking lot) rade to hip roof midpoint - 33.5 feet c. North (Rockford Road grade to top of cross on spire - 54 feet d. South (parking lot) grade to top of cross on spire - 66 feet The midpoint of a hip or gable roof is the point of height measurement per the Plymouth Zoning Ordinance. The maximum height of structure from L grade is 33.5 feet, and the Zoning Ordinance maximum is 35 feet. PLANNING STAFF COMENTS: 1. We find the applicant with the amended landscape /grading plans has responded reasonably to Ordinance provisions regarding screening of off - street parking "near or adjacent to" residence districts to the west. We find that additional screening is required from proposed and future parking to the south (to provide 90 percent year -round capacity), and that residential properties to the east do not qualify as "near or adjacent to" in this case. 2. Conditional Use Permit issues of neighborhood compatibility raised by the November 1, 1989, staff report relate primarily to parking lot screening, and therefore our comments noted above apply to the Conditional Use Permit as well. 3. Issues of neighborhood compatibility raised at the Public Hearing and by the Planning Commission have not all been addressed with the revised plans. These include: a. Structure height b. Structure orientation c. Spire height d. Play area location e. Transition to residential properties to the south We understand that the applicant does not intend to address those issues by way of plan modifications, and desires continued consideration of the applications on that basis. see next page) File 89086 Page Three RECOMMENDATION: I cannot recommend approval of the Site Plan, Conditional Use Permit, and variance for Medicine Lake Lutheran Church, without the plan complying with parking lot screening requirements with respect to residences south of the site. We also have noted that issues related to the Conditional Use Permit standard regarding compatibility with the adjacent neighborhood raised at the Public Hearing and by the Planning Commission have not been addressed by the applicant. Has the compatibility standard been met by this plan without modifications related to those noted issues? We have provided both resolution drafts for approval and for denial of the applications based on Ordinance noncompliance and failure to meet Conditional Use Permit standards. Should the Planning Commission concur that additional plan modification is required, and if the applicant states his intention to make such modifications, I recommend the applications be again deferred for redesign and resubmission rather than redesigned "at the table" or by verbal conditions of approval. Submitted by: . Charles E. Dilleru , Community Development Coordinator ATTACHMENTS: 1. Resolution Approving Site Plan, Conditional Use Permits, and Variance 2. Resolution Denying Site Plan, Conditional Use Permits, and Variance 3. Engineer's Memorandum 4. Location Map 5. November 29, 1989, Planning Commission Minutes 6. November 1, 1989, Staff Report 7. Large Plans pc /cd/89086:dl) A. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: November 1, 1989 COMMISSION MEETING DATE: November 29, 1989 FILE NO.: 89086 PETITIONER: Medicine Lake Lutheran Church REQUEST: Rezoning, Site Plan, Conditional Use Permit, and Variance to Construct a Place of Worship and Day School LOCATION: Southwest Corner of Zachary Lane and Old Rockford Road 1115 Old Rockford Road) GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: There have been no previous planning applications for this particular property. There is a single family dwelling and accessory structure. Notice of the Public Hearing for the rezoning and Conditional Use Permit has been published in the official City newspaper, and all property owners within 500 feet have been notified. A development sign was also placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The petitioner proposes a rezoning from FRD (Future Restricted Development) District to R -1A (Low Density Single Family Residential) District which is consistent with the Land Use Guide Plan for this property. They propose a Site Plan, Conditional Use Permit, and variance for the construction of a place of worship. 2. The Conditional Use Permit is for the operation of the place of worship to be used for worship services on Sunday and Wednesday evenings along with Christian Education School to be operated weekdays from 8:30 a.m. to 4:00 p.m. with some extracurricular activities in the evenings and weekends, and for the structure to exceed the 35 -foot height requirements in the R- 1A District. The steeple of the church is proposed to be approximately 66.5 feet above grade. A Conditional Use Permit is required for spires that exceed the Zoning District height maximum of 35 feet. see next page) Page Two File 89086 3. The variance is from the minimum parking requirements to construct 115 of the required 189 spaces for this facility - -a deferral of 74 spaces.The petitioner has demonstrated on the Site Plan that sufficient site area exists to construct all 189 parking spaces. 4. The Conditional Use Permit is requested responsive to Section 7, Subdivision C, paragraph 15, where places of worship are allowed uses in the R -1A Zoning District by Conditional Use Permit. A secondary Conditional Use Permit is responsive to Section 10, Subdivision C, paragraph lc, where height limitations set forth in the Ordinance may be increased by Conditional Use Permit when applied to church spires. A third Conditional Use Permit is required responsive to Section 7, Subdivision C, paragraph 14, to permit a private school (dam school as distinguished from Sunday school, which is an accessory use to a church) facility. The applicant proposes the day school for 150 to 175 children in grades kindergarten through eight. 5 The Planning Commission recommendation with respect to the Conditional Use Permits must be responsive to the provisions of Section 9 of the Zoning Ordinance wherein six specific standards must be used as the basis for the Planning Commission recommendation. The petitioner has provided, by his letters of September 11 and 14, 1989, responses to the six Conditional Use Permit findings. 6. The variance from the provisions of Section 10, Subdivision 6, Table 2, of the Zoning Ordinance has been applied for to allow deferred parking where a total of 189 spaces are required, and the petitioner proposes to construct 115 spaces. The Planning Commission recommendation with respect to the variance criteria must be responsive to the provisions of Section 11, Subdivision C, paragraph 2d, of the Zoning Ordinance wherein six specific standards must be used as the basis for the Planning Commission recommendation. The petitioner has provided, by his letter of September 11, 1989, responses to the six variance standards. It should be noted that the variance does not deal with the parking standard as much as the timing of construction. Over - building of the site vis -a -vis off - street parking is not proposed. 7. The Site Plan review is responsive to Section 11, Subdivision A, of the Zoning Ordinance. The plan is responsive to building and parking setback requirements, lot area (5.87 acres versus 30 acres), lot coverage by structures (6.6 percent versus 20 percent), impervious surface coverage 45.3 percent versus 50 percent), landscaping requirements, signage, trash containment (enclosure), and screening of roof top units (no R.T.U.s proposed). see next page) Page Three File 89086 8. The physical constraints analysis identifies this property to be located within the Basset Creek Drainage District. The site does not contain any wetlands nor is it within a Shoreland Management or Flood Plain Area. The site does not contain any major woodlands but does have some slopes of greater than 12 percent located approximately 100 feet south of Old County Road 9. The site contains some unsuitable soils for urban capability with public sewers. 9. The entire structure is proposed to be clad in lap siding. Paint color would be a shade of white. With the hip roof design and lap siding finish the structure would appear to be responsive to the finish of other structures in the neighborhood, as is intended by the City of Plymouth's standards and criteria regarding site and building aesthetics and architectural design. 10. The Zoning Ordinance (Section 10, Subdivision B, paragraph 5d) provides that off - street parking "near or adjacent to" residence districts shall be screened by fence or landscape buffer. The Zoning Ordinance defines a landscape buffer as providing 90 percent capacity throughout the year. The applicant proposes landscape screening of the proposed off - street parking with a combination of coniferous /deciduous trees and a 4 -foot hedge along the west property line adjacent to parking to be constructed; deciduous trees and the 4 -foot hedge along the west property line, where deferred parking (by variance) is proposed; the 4 -foot hedge only on the south property line adjacent to deferred parking; and, deciduous trees only along the east property line (Zachary Lane). PLANNING STAFF COMMENTS: 1. The rezoning is consistent with the City Comprehensive Plan and the surrounding R -1A Zoning. 2. The application has been reviewed for compliance with the physical constraints analysis as required by the provisions of City Council Resolution 79 -429. The application is found to be consistent with both physical constraints and preservation areas of the constraints analysis. 3. The Site Plan has been reviewed by the Development Review Committee responsive to the various City Ordinances and codes that impact such development, and the Site Plan is found to be consistent with those codes and policies, except as noted elsewhere. Specifically, the proposed Site Plan provides the code required landscaping, structural setbacks, parking and drive areas surfacing, trash enclosure detail, treatment of rooftop equipment, and site drainage detail. see next page) Page Four File 89086 4. Based on the demonstrated availability of site area upon which to construct additional parking, we find the deferral of off - street parking construction responsive to the criteria for a variance provided by the Zoning Ordinance nj,y upon the condition that the balance of the parking required by Zoning Ordinance formula be constructed as determined to be necessary by the City of Pl,myouthuponadministrativefinding. 5. The compatibility of the place of worship and private school proposed with other property in the immediate vicinity relies substantially on the ability of the petition to mitigate the "nonresidential" impacts of the proposed uses with respect to adjoining properties that are directly impacted. The design of the proposed Site Plan with respect to meeting Ordinance requirements as to the buffering of off - street parking would appear to be most critical with this site. Particularly with respect to existing homes located immediately west of the site which were situated at a higher elevation than the site, additional screening becomes a critical design function. We do not find that the existing plan responds to the Ordinance with regard to screening on the Conditional Use Standards with respect to neighborhood compatibility. Options available to enhance the degree of screening over that which is now proposed would be to increase the height and number of coniferous plantings; redesign the grading plan to provide additional elevation upon which plantings can be located to increase.the immediate impact; and /or consider use of a fence. 6. SubJ ect to the findings of No. 5 above, we find the Conditional Use Permit application for a place of worship in the R -1A Zone to respond to the standards of the Zoning Ordinance with respect to conditional uses. We find also that the Conditional Use Permit to permit a spire in excess of the Ordinance standard for height in the R -1A District is responsive to the Conditional Use Permit standards of the Zoning Ordinance. Finally, we find the Conditional Use Permit application for a private school within the R -1A District responsive to the standards for a Conditional Use Permit. With respect to the Conditional Use Permit for the place of worship and the private school, our finding as to consistency with the standards of the Zoning Ordinance extends only to the area related to the initial construction proposed by the Site Plan. The "area of possible future addition" as shown on the Site Plan is specifically excluded with our findings with respect to Conditional Use Permit consistency with the standards of the Zoning Ordinance. see next page) Page Five File 89086 RECOMMENDATION: Staff does not believe the landscape /grading /Site Plans now proposed adequately address the issue of buffering of the off - street parking from existing residences to the west and south. We recommend deferral of approval recommendations with direction to the petitioner to submit amended plans that better address buffering of the proposed parking areas. We find the need for such additional screening /buffering responsive to the Conditional Use Permit Ordinance standard related to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted in addition to specific Ordinance standards for parking lot screening and buffering. Attached are draft actions providing for Plan, Conditional Use Permit, and variance should our deferrM*__We2ommendatian netbe Submitted by: Charles E. Dillerud, ATTACHMENTS: the approval of the rezoning, Site for consideration by the Commission conc ith. ity Development Coordinator 1. Draft Action for Approval of the Rezoning, Site Plan, Conditional Use Permit and Variance 2. Engineer's Memorandum 3. Location Map 4. Petitioner's Narrative of September 11 and September 14 5. Conditional Use Permit Criteria 6. Variance Criteria 7. Large Plans pc /cd/89086:dl) I Wwwww n rAn 1- 4771, 21 y 2 =f6. i I 1111 //y r. Alm W WE D:W!'