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HomeMy WebLinkAboutPlanning Commission Packet 06-13-19905.,4. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 7, 1990 COMMISSION MEETING DATE: June 13, 1990 FILE NO.: 89102 PETITIONER: Prudential Insurance Company of North America REQUEST: Amended MPUD Concept Plan for the "Northwest Business Campus" LOCATION: Northeast quadrant of State Highway 55 and Interstate 494 GUIDE PLAN CLASS: CL (Limited Business) and IP (Planned Industrial) ZONING: MPUD 81 -1 BACKGROUND: On February 2, 1981 the City Council, by Resolution 81 -89, approved an MPUD Concept Plan for the "Northwest Business Campus ". On May 4, 1981, the City Council, by Resolution 81 -281, approved the Land Use Guide Plan Amendment and MPUD Preliminary Plan /Plat and Conditional Use Permit for the "Northwest Business Campus ". On December 21, 1981, the City Council, by Resolution 81- 846, approved the Final Plat and Development Contract for the "Northwest Business Campus" as a series of outlots and public street right -of -way. The total project size in each of these actions was 167 acres. In May, 1989 Resolution 89 -235 amended "Area G" and "Area D" of the MPUD Plan as to permitted uses. The applicant proposes an Amended MPUD Concept Plan for the "Northwest Business Campus" to increase the size of the project by 1.5 acres (reflecting the acquisition of a former exception parcel) and increasing the overall square footage of structures within the MPUD by 175,000 square feet. Notice of this Public Informational Meeting has appeared in the Official City Newspaper and has been mailed to all property owners within 500 feet. A development sign has been placed on the site. PRIMARY ISSUES AND ANALYSIS: 1. Applicant proposes to increase the size of the MPUD by approximately 1.5 acres by the addition of the "Heins" site that was an exception to the original PUD Plan located in the extreme southwest corner of the site (the structures were facing 1 -494 and were demolished or moved last year). The resulting PUD total acreage would be 168.5 acres. Page Two File 89102 2. The applicant proposes to both increase the overall structure square footage within the MPUD and convert a substantial amount of proposed structure square footage office /research ". In office /showroom" has been Concept Plan. Specifically, using the area designations Plan): from "industrial" to "office" and addition, a use category designated treated since the approval of the original the proposed use changes are the following appearing on the proposed 1990 MPUD Concept Area A -- Scanticon Conference Center - No Change Area B -- Increase in office square footage of 52,865 square feet Area C -- Decrease in office square footage of 23,900 square feet Area D -- No Change Area E -- Increase in office square footage of 9,560 square feet Area F -- Increase in office square footage of 24,120 square feet Area G -- Increase in office square footage of 9,568 square feet Area H -- Increase in office square footage of 9,568 square feet Area J -- Increase in office square footage of 9,568 square feet The generalized changes in land use from the previously approved Concept Plan to the proposed 1990 Amended Concept Plan are as follows: Development Type EAW /1982 Concept Plan Proposed 1990 MPUD Concept Plan Office 600,000 1,019,650 Office /Research 150,000 492,000 Office /Showroom 0 174,000 Industrial 800,000 0 Retail 3,000 38,400 Fast Food Restaurant 7,000 3,000 Sit -Down Restaurant 8,000 0 Bank 5,000 0 Health Club 0 20,000 Service Station 1 1 Hotel 200 243 Currently constructed within the "Northwest Business Campus" is 753,650 square feet of the now proposed 1,747,050 square feet and the 243 units of motel. 3. An additional proposed amendment to the MPUD Concept Plan is adjustment to the Public Street System within the PUD that will bring the North Service Drive to State Highway 55 westerly and then northerly to connect with Campus Drive from its current terminus at the cul -de -sac immediately west of the existing McDonald's Development. This adjustment to the Public Street System was recommended by the City Engineer during the Development Review Committee processing of this application. 4. The Zoning Ordinance in Section 9, Subdivision B, directs the Planning Commission staff to submit a review of the applicant's plans to the Planning Commission addressing specific considerations as follow: Page Three File 89102 a. Relationship of proposal to surrounding neighborhood The relationship of the proposed plan amendment to the surrounding neighborhood will not differ from the relationship of the existing MPUD Concept Plan. The amendments proposed to the Concept Plan are neutral with respect to the surrounding neighborhood. b. Compliance with City Ordinances and the Comprehensive Plan The proposed Concept Plan amendment continues to be consistent with the related City Ordinances and elements of the Comprehensive Plan to the same extent as was the original MPUD Concept Plan. It should be noted that the applicant has paid for the completion of a new traffic study by the traffic consultant of the City to determine the relative impact of the amended MPUD Concept Plan on the Thoroughfare Guide Plan Element of the City Transportation Plan. The consultant has made numerous recommendations for improvements to the roadways in the vicinity to mitigate the impact of the additional development proposed by the amended MPUD Concept Plan. 5. City staff has reviewed the proposed amendment to the MPUD Concept Plan as to the need to prepare an amended Environmental Assessment Worksheet for this project. We have determined that the proposed MPUD Concept Plan amendment does not result in additional significant environmental impacts to warrant the preparation of a new Environmental Assessment Worksheet. Rules of the Environmental Quality Board provide for findings such as this to be made with respect to amendments to projects upon which previous Environmental Assessment Worksheets have been prepared. The overall increase in structure square footage proposed is approximately 11 percent. 6. An Indirect Source Permit has been issued by the Minnesota Pollution Control Agency for the Northwest Business Campus MPUD. It is the responsibility of the project applicant to secure the approval of the Minnesota Pollution Control Agency for the amended project plan, if it is approved by the City. PLANNING STAFF COMMENTS: 1. The proposed amendment to the MPUD Concept Plan for the "Northwest Business Campus" complies with the provisions of the MPUD section of the Plymouth Zoning Ordinance with respect to Concept Plans. 2. The proposed amendment to the MPUD Concept Plan does not reflect significant environmental impacts beyond those comprehended by the original MPUD Concept Plan and therefore no new or amended Environmental Assessment Worksheet is needed. This was reviewed with the City Attorney who concurs. Page Three File 89102 RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for the approval of the Amended MPUD Concept Plan for the "Northwest Business Campus ". Submitted by: Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Resolution Approving Amended MPUD Concept Plan for the "Northwest Business Campus 2. Engineer's Memo 3. Petitioner's Narrative 4. Traffic Study 5. 1982 MPUD Concept Plan 6. Resolution 81 -89 Approving 1981 MPUD Concept Plan 7. Resolution 81 -281 Approving 1981 MPUD Preliminary Plan 8. Resolution 89 -235 Amending the MPUD Preliminary Plan 9. Location Map 10. Large Plans APPROVING AMENDED MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR PRUDENTIAL INSURANCE COMPANY FOR "NORTHWEST BUSINESS CAMPUS" (89102) WHEREAS, Prudential Insurance Company Mixed Use Planned Unit Development approximately 168 acres located at the and Interstate 494; and, has requested approval of an Amended Concept Plan for the development of northeast quadrant of State Highway 55 WHEREAS, the City Council, by Resolution No. MPUD 81 -89, approved an MPUD Concept Plan for this site for Prudential Insurance Company; and, WHEREAS, the City Council, by Resolution MPUD 81 -281, approved the Land Use Guide Plan Amendment, MPUD Preliminary Plan /Plat and Conditional Use Permit; and by Resolution 81 -846, approved the Final Plat and Development Contract for the "Northwest Business Campus ";, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing and has recommended 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 Amended Mixed Use Planned Unit Development Concept Plan for the development of approximately 168 acres located at the northeast quadrant of State Highway 55 and Interstate 494, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. All public street right -of -way shall be dedicated. 4. Compliance with the applicable conditions of Resolutions 81 -89 (MPUD Concept Plan), 81 -281 (MPUD Preliminary Plan /Plat /Conditional Use Permit), 81- 846/847 (MPUD Final Plat /Setting Conditions, and the Development Contract). 5. The amended MPUD Concept Plan shall be subject to the conditions of the current or any required supplemental Indirect Source Permit (I.S.P.). The applicant shall apply to the Minnesota Pollution Control Agency for a determination of any amendments required to the current I.S.P. resulting from this MPUD Plan Amendment. 6. No Environmental Assessment Worksheet is required considering the small size of the addition and magnitude of the changes; the added area was not contemplated in the original plans; the area and development proposed do not require a mandatory Environmental Assessment Worksheet; and the Petitioner has submitted basic facts that substantiate the finding. CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: June 6, 1990 FILE NO.: 89102 PETITIONER: Mr. Ron Pentz, Prudential Property Company, 3030 Norwest Center, 90 South 7th Street, Minneapolis, MN 55402 CONCEPT PLAN: AMENDED CONCEPT PLAN FOR NORTHWEST BUSINESS CAMPUS AREA C AND D LOCATION: West of Campus Drive, north of Highway 55, east of 494 in the southwest 1/4 of Section 22. This memo was prepated in response to the request for conceptual approval for the above referenced project. Documents in support of the request were submitted by B.R.W. on May 4, 1990. 1) Our assessment records indicate that that portion of the Ed Hines property added to Area C has not been assessed for watermain area charges. 2) The City will require utility and drainage easements ten feet in width adjoining all streets and six feet in width adjoining the site and rear lot lines. 3) The City will require ten foot utility and drainage easements on each side of a public utility where these utilities are proposed to be installed. 4) A revised Preliminary Plat shall be submitted for Areas C and D to include: o Proposed Street Location o Watermain Sanitary Sewer Storm Sewer, and Ponds Preliminary Grading Plan 5) The preliminary drainage plan shall show how the pond in Area C proposed to be moved north will still function properly. 6) To provide an adequate street system for the revised General Development Plan: Add a left turn lane on the southbound CR 61 approach to TH 55 Add a left turn lane and right turn lane to the northbound CR 61 approach to TH 55 Add a left turn lane to the eastbound TH 55 approach to CR 61 Reconstruct the traffic signal at TH 55 and CR 61 to accommodate these roadway improvements. ENGINEERING MEMO - CONCEPT PLAN Page Two 7) The developer will be responsible for the construction of the necessary watermain, sanitary sewer, storm sewer, and streets to serve the site. 8) The City will require final plan and profile of proposed sanitary sewer, watermain, streets, and storm sewers, plus an erosion control plan in accordance with our Engineering Guidelines. 9) A storm water drainage map with runoff calculations and pipe capacity, along with pond calculations, shall be furnished to the City prior to final approval of the storm sewer system. 10) Drainage easements for ponding purposes shall be placed over all of the pond within Area C to the 100 year elevation. 11) This amended Concept Plan would require the vacation of Old Annapolis Lane and the existing ponding easement within Northwest Business Campus 7th Addition Outlot A. 12) The interior right -of -ways shall be 60 feet wide. 13) The southern drive from Area C to Annapolis Circle shall be removed due to the proximity to the curve. SUBMITTED BY: Daniel L. Faulkner, P.E. City Engineer i —~ BRW. INC . THRESHER SQUARE . 700 THIRD STREET SOUTH November 10, 1989 Mr. Charles E. Dillerud Community Development Coordination City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 MINNEAPOLIS. MINNESOTA 55415 RE: Request for MPUD Concept Plan Amendment for the Northwest Business Campus Dear Chuck, PLANNING TRANSPORTATON ENGINEERING URBAN DESIGN PHONE 612 370 -0700 FAX 612 370.1378 The attached submittal material and application request represent the first step of a concerted effort by the Prudential Property Company to finalize the planning for the Northwest Business Campus in anticipation of the final develop- ment stages of the project. As you and the Development Review Committee, the Planning Commission, and the Mayor and City Council are all aware, the Business Campus has evolved over the years since its initial conception and approvals in response to market forces and development opportunities. As the remaining developable land area has decreased, and as the development options for those remaining areas have narrowed, a significant amount of attention and study has been focused on the remaining opportunities and how they might best serve the development, the owners and tenants of the Business Campus, and the City of Plymouth. Several recent events have led to the efforts represented in the proposed 1990 General Development Plan: 1. The balance of the undeveloped light industrial area east of Northwest Boulevard and Campus Drive was optioned by the Steven Hoyt Company for development of Office- Showroom space. Final site plan approval was recently obtained for a 126,000- square -foot building on Lot 2 of the Northwest Business Campus 9th Addition, and site planning and architectural design is currently proceeding for Outlot B to the north. 2. The Campus Square Development by Ron Clark Associates received preliminary MPUD plan approvals and is scheduled to proceed to final stage once suf- ficient pre -lease commitments are obtained. This proposed development secures the future of approximately one -third of Outlot A of the Northwest Business Campus Seventh Addition, the largest remaining undeveloped parcel in the Business Campus. AN AFFILIATE OF THE BENNETT. RINGROSE. WOLSFELD. JARVIS. GARDNER. INC GROUP DAVID J BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E. JARVIS LAWRENCE J GARDNER THOMAS F CARROLL CRAIG A AMUNDSEN DONALD E HUNT MARK G SWENSON JOHN B MONAMARA RICHARD D PILGRIM DALE N BECKMANN DENNIS J SUTLIFF JEFFREY L BENSON RALPH C BLUM DA'JID _ GRAHAM MINNEAPOLIS DENVER PHOENIX TUCSON ST. PETERSBURG Nov € s l cUiy The attached submittal material and application request represent the first step of a concerted effort by the Prudential Property Company to finalize the planning for the Northwest Business Campus in anticipation of the final develop- ment stages of the project. As you and the Development Review Committee, the Planning Commission, and the Mayor and City Council are all aware, the Business Campus has evolved over the years since its initial conception and approvals in response to market forces and development opportunities. As the remaining developable land area has decreased, and as the development options for those remaining areas have narrowed, a significant amount of attention and study has been focused on the remaining opportunities and how they might best serve the development, the owners and tenants of the Business Campus, and the City of Plymouth. Several recent events have led to the efforts represented in the proposed 1990 General Development Plan: 1. The balance of the undeveloped light industrial area east of Northwest Boulevard and Campus Drive was optioned by the Steven Hoyt Company for development of Office- Showroom space. Final site plan approval was recently obtained for a 126,000- square -foot building on Lot 2 of the Northwest Business Campus 9th Addition, and site planning and architectural design is currently proceeding for Outlot B to the north. 2. The Campus Square Development by Ron Clark Associates received preliminary MPUD plan approvals and is scheduled to proceed to final stage once suf- ficient pre -lease commitments are obtained. This proposed development secures the future of approximately one -third of Outlot A of the Northwest Business Campus Seventh Addition, the largest remaining undeveloped parcel in the Business Campus. AN AFFILIATE OF THE BENNETT. RINGROSE. WOLSFELD. JARVIS. GARDNER. INC GROUP DAVID J BENNETT DONALD W RINGROSE RICHARD P WOLSFELD PETER E. JARVIS LAWRENCE J GARDNER THOMAS F CARROLL CRAIG A AMUNDSEN DONALD E HUNT MARK G SWENSON JOHN B MONAMARA RICHARD D PILGRIM DALE N BECKMANN DENNIS J SUTLIFF JEFFREY L BENSON RALPH C BLUM DA'JID _ GRAHAM MINNEAPOLIS DENVER PHOENIX TUCSON ST. PETERSBURG Mr. Charles E. Dillerud November 10, 1989 Page 2 3. Prudential completed the purchase of the "Heins property" west of Annapolis Circle adjoining Interstate 494. This purchase has provided the oppor- tunity for increased visibility of the Business Campus from I -494, and further provides the opportunity through consolidation with other adjoining undeveloped parcels of completing a major development of the scale and quality of 3033 Campus Drive "flagship" office building. 4. The three events above limit the balance of undeveloped land to three lots: one on either side of Northwest Boulevard at the entry fronting Highway 55, and one in the northwest quadrant of the intersection of Xenium Lane and Northwest Boulevard. Because of their respective locations, access, visi- bility, and physical constraints, the use and maximum development poten- tials for each can be defined with a fairly high degree of certainty. The proposed plan illustrates the results of the planning effort triggered by the above factors. The Concept Plan Amendment is expected to be the first step in the process to secure, with certainty, the definition of the remaining development potential of the Business Campus. Steps subsequent to the Concept Plan amendment are expected to be: 1. Completion of an updated traffic impact study by the City's traffic con- sultant to determine what traffic impacts of the proposed development will be, and to determine what mitigation, if any, is required to offset those impacts. The study is expected to provide a more contemporary basis for evaluating development proposals; to answer the question of maximum devel- opment which can be served adequately by the local and regional roadway systems and intersections; to determine what changes, if any, must be made to the proposed plan to provide for acceptable traffic operations; and to provide the data necessary to amend the Indirect Source Permit for the pro- ject if the plans are amended. 2. Completion of technical studies of air quality and noise impacts based on the traffic study for preparation of an application for an amended Indirect Source Permit. 3. Preparation and approval of preliminary plan and plat applications for spe- cific development proposals. 4. Final plan and plat stage approvals for specific development proposals. 5. Continued efforts to secure the remaining exception parcel and incorporate it into the planning and development process. Mr. Charles E. Dillerud November 10, 1989 Page 3 The proposed plan illustrates existing and future development which can be grouped into individual "use areas" which are labeled by letter designations A through J. The expected use within each area is consistent with the Comprehensive Guide Plan and by description of the use identifies the appropriate underlying zoning standards of either the B -1 or I -1 zoning districts. The following paragraphs briefly describe the existing or proposed development within each individual area: AREA A - HOTEUCONFERENCE CENTER Area A contains the Scanticon Conference Center which consists of conference facilities, 243 guest hotel rooms, and accessory restaurant and health club facilities. At the time the project was approved, the City's traffic consultant found the expected traffic generation and impacts to be in line with what had previously been proposed for development in Area A. AREA B - OFFICE Area B consists of the 3033 Campus Drive "flagship" office building containing 378,650 gross square feet and a one -level parking deck structure. AREA C - OFFICE /OFFICE RESEARCH Area C is a composite of one lot north of Annapolis Circle, the Heins property, the balance of Outlot A of the Seventh Addition after subdivision for the Campus Square development, and the platted and dedicated, but unconstructed portion of Annapolis Circle. The area contains approximately 18 acres consisting of both open and heavily wooded areas. The most significant remaining tree cover for undeveloped areas occurs at the north end of the area adjoining Area B. Area C contains a storm water detention pond which provides pond volume necessary for Areas C and D. The preliminary plans for Campus Square provided for the reloca- tion of the ponding area from its present location in Area D, to the south part of Area C. The Heins property has minimal significant vegetation, but excellent visibility from the adjacent highways. Elevations on this parcel range from a low of 966 at the north end to a high of 975 at the south end, allowing feasible extension of storm sewer, sanitary sewer, and water main to serve the property from existing facilities in Campus Drive and Annapolis Circle. The schematic design for development of Area C consists of a three - building campus arrangement organized around a water feature which provides a focal point, and the required storm water detention. A circular private access drive around the pond provides access to surface, decked, and enclosed (below building) parking areas adjacent to the buildings. The three buildings contain a total of 400,000 gross square feet of floor area. The smallest building would consist of 80,000 square feet at four stories, the mid -size building would consist of 120,000 square feet at five stories, and the largest building would contain 200,000 square feet at six stories. Parking demand would be met by a combination of surface parking and a Mr. Charles E. Dillerud November 10, 1989 Page 4 two -level ramp at the northwest corner of the area adjacent to the two larger structures. The plan has been developed to maximize the retention of the wooded areas, and to develop a focal development consistent with the 3033 Campus Drive office building without simply mimicking it. The multi - building concept would allow staging the project in reasonable increments during a time of soft demand for suburban office space. The concept requires the vacation of Annapolis Circle as a public roadway in its original configuration of a "remote frontage" road looping back to Campus Drive from the western edge of the Business Campus. Although the proposal would result in a very long cul -de -sac public street, the private drives through Area C would function as the public street was originally intended: to provide direct access to parking areas, to provide continuous circulation through the site for fire /life /safety purposes, and to minimize curb cuts on the other road- ways serving the site area. Acquisition of the exception would allow the cul- de -sac to be shortened several hundred feet to the location where the temporary turn - around area now exists. Although there is currently no specific users identified which would allow for the development of this area, the concept plan illustrated represents the best efforts to define the most reasonable site planning approach to the area, and further represents a committment to a maximum of 400,000 square feet of develop- ment for the area. AREA D - COMMERCIAL COMBINATION Area D represents the concentration of accessory commercial services provided by the Campus Square Center and the McDonalds restaurant for the Business Campus. As currently approved and developed, the area would contain 41,400 square feet of building area and would provide a variety of restaurant, service, and retail opportunities. AREA E - OFFICE /BANK The use of Area E for an office and banking facility has been contemplated in the MPUD since the original approvals. The location and visibility of this undeveloped area results in land values which could conceivably support a devel- opment with structured (one -level deck) parking. With decked parking, the available site area could support a building of up to 80,000 square feet in a four or five -story configuration consistent with B -1 development standards. AREA F - OFFICE For the same reasons that apply to Area E, Area F can support a development including structured parking and building height in the five to six -story height range. Maximum feasible development for Area F is expected to be 165,000 square feet. Mr. Charles E. Dillerud November 3, 1989 Page 5 AREA G - OFFICE /WAREHOUSE /MANUFACTURING Area G is currently nearly ` tsoi_t- out-to its total potential. The only remaining capacity within Area G is on Lot 4 at the north end in the building owned by Turck - Multiprox. The approved final plan for that development included expan- sion beyond the approximately 37,000 existing square feet to a total of 50,000 square feet. The expansion area is included in the summary at the end of this section. AREA H - OFFICE /WAREHOUSE /MANUFACTURING Area H contains two development sites including the last uncommitted light industrial site in the Business Campus. The Otto Bock building consists of 43,000 square feet of office, manufacuturing, and warehouse space. The undevel- oped site is programmed in this proposal for an 84,000 square feet multi- tenant building of 50 percent office and 50 percent warehouse space as illustrated. AREA J - OFFICE /WAREHOUSE /MANUFACTURING Area J consists of two existing buildings, one lot with an approved development proposal and one outlot currently in the preliminary design stage. The existing buildings total 85,000 square feet, the approved site plan includes 126,000 square feet, and the maximum expected development for the northern parcel is proposed to be 104,000 square feet, probably in a two - building configuration as illustrated. The following table tabulates total development square footage as described above, broken down by similar uses, and compared to figures used for previous approvals and studies. COMPARISON OF ANTICIPATED DEVELOPMENT DEVELOPMENT TYPE. EAW APRIL 1981 TRAFFIC STUDY INDIRECT SOURCE PERMIT EXISTING DESIRED Office 600,000 480,000 880,500 378,650 1,019,650 Office /Research 150,000 150,000 438,450 178,000 492,000 Office /Showroom 0 0 174,000 174,000 174,000 Industrial 800,000 800,000 0- 0 0 Retail 3,000 3,000 0 0 38,400 Fast Food Restaurant 7,000 7,000 3,000 3,000 3,000 Sit -Down Restaurant 8,000 8,000 10,000 0 Bank 5,000 5,000 0 0 0 Health Club 0 0 20,000 20,000 20,000 Service Station 1 1 1 0 1 Hotel 200 200 240 243 243 Included in Retail square footage Mr. Charles E. Dillerud November 10, 1989 Page 6 The table illustrates the shift which has occurred over time from a primarily industrial to a primarily office development in response to market conditions. The development scenarios listed above, and represented in the table as the dif- ference between existing and proposed development can be summarized as follows: Office 645,000 S.F. Office /Research 314,000 S.F. Retail (includes service station) 38,300 S.F. Total Proposed Additional Development: 997,300 S.F. This additional increment of development for the Northwest Business Campus represents a firm commitment by the developer to a maximum potential development figure. While the ultimate built -out square footage may end up being less than the maximum proposed, acceptance of the Concept Plan amendment would define, in certain terms, the maximum possible development. There is no question that the current proposal anticipates more office and more retail /commercial development than was previously studied, approved, or per- mitted by the Pollution Control Agency. However, our studies of the proposal indicate that the proposed development is likely to generate PM peak hour traf- fic volumes, which are the critical volumes from an overall capacity standpoint, within ten percent of those projected for the development scenario studied for, and permitted by the MPCA Indirect Source Permit. We believe this margin is sufficiently close to make the study of this proposal with a reasonable expec- tation of positive results viable. Following the application, a request will be made to Mr. Fred Moore to initiate the traffic study by the City's traffic con- sultant. As noted above, the next step beyond Concept Plan Amendment and updating the traffic study, assuming results which affirm the proposed plan, would be the preparation of an application for an amended Indirect Source Permit (ISP) reflecting the changes proposed. The MPCA requires that environmental clear- ances be obtained prior to their review of an ISP. Although this project has been addressed by an EAW, the increased development proposed will likely cause additional impacts to the environment in the areas of traffic and traffic - generated air quality and noise impacts. The study required for the ISP will document the traffic, air quality and noise impacts of the additional develop- ment and will identify measures necessary to mitigate those impacts. Thus, the areas of potential impact or change from that previously addressed in the EAW are subject to continuing regulatory authority and will be addressed. We believe that the proposed plan has no other environmental impacts beyond the scope of the original EAW and measures implemented in the design and execution Mr. Charles E. Dillerud November 10, 1989 Page 7 of the project as regulated by City of Plymouth, Watershed District, Corps of Engineers and DNR permitting processes. Our opinion is that the original EAW, plus the additional studies for the ISP amendment, will adequately address all possible environmental concerns. We request that this issue be given careful consideration during your review of the application, and that a decision as to the adequacy of the existing environmental studies be reached as soon as possible. If, in the course of your review, you require additional information or answers or clarification, please contact me. Sincerely, BRW, INC. Miles Lindberg, ASLA Associate ML /sk Attachment cc: Mr. Ryan Toole, Prudential Mr. Ronald Pentz, Prudential Mr. Walter Rockenstein II, Faegre & Benson File: 60 -8846 SRFSTRGAR - ROSCOE- FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION CIVIL STRUCTURAL PARKING LAND SURVEYORS SRF No. 0891303 January 11, 1990 Amended & Revised March 14, 1990 Mr. Fred G. Moore, P.E. Director of Public Works CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SUBJECT: TRAFFIC STUDY /REVIEW OF THE 1985 I.S.P. LAND USE AND THE 1990 PROPOSED LAND USE FOR THE NORTHWEST BUSINESS CAMPUS DEVELOPMENT Dear Fred: As you requested, a Traffic Study /Review has been completed for the subject development. This report describes the results of the traffic analysis and recommended design guidelines. Based on this study /review, the following comments and recommendations are offered for your consideration: In general, there does not appear to be a significant increase in new total trips that will be generated by the proposed development (see Figure 1), when compared against the 1985 Indirect Source Permit Land Use (see Figure 2). Using the land use assumptions from each study and the new 1987 I.T.E. Trip Generation Report trip rates (see Table 1), the p.m. peak hour trips generated are tabulated *as follows: P.M. Peak Hour Development 1987 I.T.E. Trip 1985 I.S.P. Land Use In Out Total 629 2,056 2,685 Generated Trips Based on Generation Rates 1990 Proposed Land Use In Out Total 713 2,318 3,031 Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475 -0010 FAX 612/475 -2429 Mr. Fred G. Moore, P.E. - 2 - January 11, 1990 Amended & Revised March 14, 1990 Note that there is only a 12 percent increase between the two trip estimates when using the 1987 I.T.E. trip generation rates. It can be assumed that the 1990 proposed land use will generate 12 percent more p.m. peak hour trips than the 1985 I.S.P. Land Use. Based on this analysis, there is not a significant difference in trips generated between the 1985 I.S.P. Land Use and the 1990 Proposed Land Use (see Tables 2 and 3). In order to analyze the capability of existing and proposed roadways to accommodate traffic from the proposed development, we have completed a traffic analysis using 1987 I.T.E. Trip Generation Rates, 1990 Northwest Business Campus Proposed Land Use and updated data on existing and future background traffic. In reviewing the key intersections serving the subject site, we have determined that the intersection of Highway 55 and County Road 61 (Northwest Boulevard /Xenium Lane) is the most critical intersection in determining the traffic impacts in the study area. The existing intersection of Highway 55 and County Road 61 currently operates at Level of Service D during the p.m. peak hour. Adding the traffic generated by the proposed development to the 1991 background traffic at the existing intersection would result in Level of Service F operation (see Figure 3). Year 1991 (one year after project completion) and year 2010 forecasts for the Highway 55 and County Road 61' intersection were developed based on the 1985 I.S.P. and proposed 1990 Northwest Business Campus Proposed Land Use, the existing p.m. peak hour volumes and the latest Plymouth Thoroughfare Plan 2010 forecasts for Highway 55 and County Road 61 (see Figure 4). Based on these forecasts and the most optimistic level of intersection geometric and traffic control improvements, -a year 1991 and 2010 capacity analysis of the subject intersection indicated the future p.m. peak hour level of service to be Level of Service C in 1991 and Level of Service D in 2010. Based on the long range nature of these forecasts, this would be an acceptable year 2010 level of service. Mr. Fred G. Moore, P.E. - 3 - January 11, 1990 Amended and Revised March 14, 1990 Based on these analyses, it is concluded that the land use assumption in the 1990 Northwest Business Campus proposal could be supported by the adjacent roadway system, if the following recommended intersection and traffic control improvements are implemented at the Highway 55 and County Road 61 intersection "as part" of the 1991 proposed development: A third through lane in each direction be added to Highway 55 from the east I -494 ramps to a point approximately 2,000 feet east of County Road 61. These improvements are needed in order to provide additional intersection" capacity needed for safe and effective traffic operations. This improvement shall include new right turn lanes on the east and westbound Highway 55 approaches to County Road 61. Note that the three lane approaches are required only to provide the additional "through the intersection" capacity and are therefore not required to extend significantly beyond the intersection. The north and southbound County Road 61 approaches to Highway 55 be reconstructed to provide facing dual left turn lanes, two through lanes, exclusive right turn lanes and an improved acceleration lane for the southbound right turn movement. Dual left turn lanes be added to the eastbound Highway 55 approach to County Road 61. The traffic control signal be reconstructed to accommodate the above geometric improvements. All other future traffic control and geometric improvements identified and recommended in previous reports of the study area are also -still valid. Should you have any questions or comments concerning this study/ review please call. Very truly yours, STRGAR- ROSCOE- FAUSCH, INC. Dennis R. Eyler, P.E. Principal i i 674 ,1 - 1, fl, A _ HOTEUCONFERENCE CENTER A B - OFFICE C - OFFICE /OFFICE RESEARCH D - COMMERCIAL COMBINATION rlE - OFFICE /BANK F - OFFICE G - OFFICE WAREHOUSE /MANUFACTURING H OFFICE WAREHOUSE /MANUFACTURING j OFFICE WAREHOUSE /MANUFACTURING I NORTH 0 so 100 200 400 mil a ° - -- r PR Ydermetlee eemylMd by t;RW, Me. 1 0 II MsLlndierg. Llepletered LandweVe 4\ Re9letretlee nwmtw 1et79 17J 1990 E NOI I'HVV PROPOSED W BUSINESS GENERAL " CAMP[ N, DEVELOPMENT PLAN CITY OF PLYMOUTH SRF1990 PROPOSED DEVELOPMENT PLAN sties -Fa NORTHWEST BUSINESS CAMPUS TRAFFIC STUDY O lG 1 11 C n r Pnidenhal i, NOVEMBER 3,1989 O 1 -7 CONFERENCE CENTER MOTEL• 202.000 ". (240 ROONs) HEALTH CLUS: 20,000 I.P. i I OFFICE- - 880,500 S.F. I OFFICE/SHOWROOM - 174,000 S.F. 12 Purrs 12000 s.rJ x GROSS P.A.R. -.26 OFFICE/ OFFICE /RESEARCH - 438,450 S.F. OFFICE: 20.000 LP. x COMMERCIAL - 35,000 S.F. 1-6 GROSS F.A.R. -.SS NET F.AJL -.25 CONFERENCE CENTER - 252,000 S.F. OFFICE 240 ROOMS) 400.000 I.F. GROSS PJ R - .S4 MET F.A.A. -.SO I OFFICE/RESEARCH A SER 460 ON 1 019 S.F. 1 -5 OFFICE 00.000 S.F. GROSS F.A.A. - a NET F.A.R. -.i7 I q llllhh I-4 OFFICE 100,000 S.F. GROSS P.A.R. -.40 NET P.A.R. - .40 1 -3 OFFICE 104.000 S.F. Ross F.AJL.21 NET F.A.R. - .40 1 -2 COMMERCIAL 12,000 LF. RESTAURANT: 10.000 s.F. FAST FOOD: 2000 LF. GROSS F.AJL - .07 NET F.A.A. - .07 NORTHWEST BUSINESS RESEARCH OFFICE: i -9 45, 60RESEARCH: H: 66,660 S.P. OFFICE /SHOWROOMS 125,000 S.F. ssNvICE STATION: OFFICE/ SHOWROOM S 12 Purrs 12000 s.rJ x GROSS P.A.R. -.26 OFFICE/ NET F.AJL • JO RESEARCH 150,000 S.F. NI q LAO OFFICE /SHOWROOMS 125,000 S.F. S.F. OFFICE- LF. SHOWROOM: 631.200 LF. h10OFFICE/RESSARCN: 50,000 S.F. OFFICE: 20.000 LP. OFFICE/ RESEARCH; 20,000 S.F. SHOWROOM GROSS F.A.R. -.SS NET F.AJL -.25 25.500 S.F. OFFICE• h2 - 20,900 S.F. SHOWROOM: 7,900 S.P. GROSS F.A.R. - 19 NET F.A.R. - 14 9, I OFFICE 0,000 LF. GROSS i.AJL•.24 NET I.A.R. - .20 1 -14 PO OFFICE 100.000 S.F. 4° GROSS F.AJL -.20 p NET F.A.R. - .20 1 -11 OFFICE/RESEARCH 70.700 ". OFFICU 20,700 S.F. RESEANCN: 40.000 LF. GROSS F.A.R. -.14 NET F.LR. -.28 I I PROPOSED LAND USE PLAN 1 -12 OFFICE/RESEARCH 111,500 LP. OFFICE: 44,700 LF. RESEARCH: 07.100 8-F- GROSS F.A.R. -.21 NET F.A.R. -.29 1 -13 OFFICE/RESEARCH Soo u. OFFICE: 20.200 S.F. RESEARCH: 04.200 S.F. OROss F.A.A. - .22 NET F.A.A. -.24 Prudeldial 1 CITY OF PLYMOUTH SRF1985 I.S.P. LAND USE PLAN 2 w NORTHWEST BUSINESS CAMPUS TRAFFIC STUDY Y Y•I V < .W Y p F Y r 4 O. V 1 J vU r Mn 1 110 Z -,r- r V J + N Z x o X a LJ I YI Q sue Li Ll Y(_ t V J M u KV N P lz FoqA r.0 JJ IW Z I 4 O. 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The Prudential Property CompnY ` P 7 M`^ The Prudential Property Company, Inc. 3030 NorweSt Center 90 South 7th Street, Minneapolis, MN 55402.4101 612323-8214 Fax: 612344-15G6 March 8, 1990 Mr. Charles E. Dillerud Community Development Coordinator The City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: The Prudential Property Co. Amended Planned Unit Development Concept Plan - Northwest Business Campus Dear Chuck: This letter is to outline those issues we would like to discuss at our March 13, 1990 meeting. The timing and financing for the improvements recommended by the traffic engineer to State Highway 55, County Road 61 (north of 55) and County Road 61 (south of 55). The recommendation of the Engineering Division that the existing service road (Annapolis Lane) be looped north as a public street. The necessity for an amended EAW. We look forward to discussing this further at our meeting. Sincerely, Ronald L. Pentz General Manager The Prudential Property Company Minneapolis Realty Group Office RLP /jma cc: Mr. Rick Nau, BRW, Inc. A SubSid SfY o1 The Prud6nD21 Insurance Company of America w A-'OFFICE /OFFICE RESEARC" r • I@ ' B - OFFICE 3 C - L / OFFICE D - COMMERCIAL COMBINATION E - OFFICE/ OFFICE - BANK F - OFFICE G - SERVIC:-- STATION H - INDUS'iRIAL r, -., / . i ) tT - - - -- r -- t Qom\ Vry Nortkiultst) Owintss Campus PRUDENTIAL INSURANCE CO. 4.1'0MRS MNllf';IMI A'-'-()( 'All" 'N' GENERAL DEVELOPMENT PLAN 3 -1 -82 CITY Of PLMTH Pursuant to due call and notice thlrtOf moullir meeting of the Cit; Council of the City of PlyVouth• Minnesotan was held on tne 2nd day of February . 19 t . ?he following members were present: MA or Daven22rt,,Couftcm bers Hoyt !!ails. Schneider b Threinen The following ern were a sent: None Councilmemaer Neils introduced the following Resolution and moved Its adoption: RESOLUTION NO. 81 -89 APPROVING M.P.U.D. CONCEPT PLAN FOR PRUDENTIAL INSURANCE COMPANY FOR "NORTHWEST BUSINESS CAMPUS" W iLRLAS, Prudential Insurance Company has- requested approval of a M.P.U.D. Concept Plan for "Northwest Business Campus" for 30 commercial and industrial lots on approximately 167 acres located in the northeast quadrant of the intersection of State Highway 55 and 1 -494; and. WK RLAS, the Planning Commission has reviewed the proposal at a duly called Public Informational Meeting and has recommended approval; UOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the M.P.U.D. Concept Plan for Northwest Business Campus" for Prudential Insurance Company located in the north - east quadrant of State Highway 5S and 1 -494 subject to the following conditions: 1. Complidnce with the City Engineer's Memorandum for this project. Provision for and design of trail and open space per Alternate 1. 3. Review of submitted transportation data by City designated consultant to include analysis of proposed uses and the guiding in terms of impact upon area transportation facilities and impact of those facilities upon the development. Said analysis to be coordinated by the City Engineer and to include input from the State and County Departments of Transportation. Consultant costs to be borne by the petitioner. Traffic analysis and studies to be completed by the preliminary plat stage. 4. Design consideration shall be given to clustering of industrial and commercial buildings with the intent of providing building and yard areas toward the public streets, with parking and driving areas to be internally located and shared where feasible. 5. 6. 7. Design consideration shall be responsive to pre_..-rvation of natural woodlands particularly in Areas 6 and G. Compliance with pr,)visions of Section 6 of the Zoning Ordinance regarding development in or abutting the General Flood Plain District. Preparation and submittal of required Environmental Assessment Worksheet with preliminary plat; completion of required EAW review procedure prior final ofat. to ft Resolution No. 81 -89 • Page 2 B. There shall be no loading or outside Storage facilities on the east side of buildings east of proposed County Road 61 and 26th Avenue North- such activi- ties on the north and south sides of those buildings shall be substantially screened from view to the east. 9. The possible mix of commercial uses in Area 0 may be one convenience store, two Class I restaurants, two Class II restaurants, two banking facilities. At no time shall there be anymore than one convenience store, or more than two Class I restaurants, or more than two Class II restaurants, o. more than two banking facilities in this area (for a total of two banking facilities on the entire project). The approval for this area is for a combination of the above uses, totalling five. 10. Provision shalt be made for an internal walkway system to provide for pedes- trian circulation through individual sites and /or along public streets. 11. Provision shall be made for bus stops throughout the development either incorporated with public rights -of -way or on private streets. 12. In conjunction with the traffic analyses, specifically address the anticipated impact upon Xenium Lane in terms of the anticipated traffic generation and development staging; particular attention to be given to Xenium Lane north of the project and the need for improvements and timing of such improvements as the result of the development. - 13. The design and construction of County Road 6o and other public streets within the development shall be in accordance with the final transportation analysis condition #3) as approved by the City Council. It is the intent that the intersection of 26th Avenue with County Road 61 be moved northeast approximately 100 feet further from Highway 55 than shown ca the concept plan. 14. Curb cuts to County Road 61, not to exceed five, shall be allowed in the vici- nity oetween Xenium Lane and the northern boundary of the plat. Final deter- mination, will be made with the site plan approvl.•. 15. ModificatiOno for "turning movements" at the intersection of Highway 55 and County Road 61. which are recommended by the approved transportation analysis condition #3) shall be required. 16. Direct access to Highway 55 shall be eliminated concurrent with the construc- tion of the new public street between the existing frontage road with Xenium Lane. The motion for the adoption of the foregoing Resolution was duly seconded by Council er 5chneider . and upon vote being taken thereon, the folTaw ng voted in favor thereof: Mayor Davenport, Councilmembers Hoyt, Npils. Schneider S Threinen efollowing voted against or aostalnea: none Whereupon the Resolution was declared duly passe a adopted. CiTI! Or P TMO TH pursuant to due tall and notice thereota • reaul ar meeting of the City S Council of the City of Plymouths Minntsota• was -hold on the 4th day of Hav 19 The following cambers were present :MaayorDavenaort, oun ilmeinbers ils; Schneider and Threinen e fol I owl n vac6e rs rert Stn t- Eouncl Imember Hoyt Me • s Councilweiber Neils introduced the following Resolution and moved Its adoption: RESOLUTION NO. 81- 281 APPROVING LAND USE GUIDE PLAN AIIENUKENT AND KPUD PRELIMINARY PLAT /PLAY, AND C01IDi7101AL USE PERMITS AND REGARDING REZONING FOR PRUDENTIAL INSURANLE COMPANY WR "t;URIWEST BUSiNESS CAMPUS" KPUD NO. 81.1 (80062) WHERLAS. Prudential Insurance Cony has requested approval of an amendment to the Land Use Guide Plan for approximately 6 acres in the northwest quarter in tiie southeast quarter of the northwest uarter of Section 22, changing the classi- fication from Public /Semi - Public to CL Ilimited business); and, WHEREAS. the petitioner has requested approval of a preliminary plat. plan, rrronings. and conditional use permits for an MPUD known as "Northwes'. Business Campus- consisting of a<<roximately 161 acres in the northeast quadrant of the intersection of State Highway SS and 1.494; and. WIILREAS. the Planning Commission has reviewed the proposals at a duly called public hearing and has recommended approval; NOW, THEREFORE. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it shoulJ and btdreby does approve amendments to the City's Land use Guide Plan changing t`.0 classification of approximately 6 acres in the north- west corner of said development from Public /Semi- Public to CL ds indicated on plans dated April, 19al and approving the deletion of LA -4 guided land within the boundar- ies of this development at the northwest corner substituting that area with Public/ Semi - Public; SE IT FURTHER RESOLVED that the prelimiaary plat, plan and conditional use permits for the "Northwest Business Campus@ MPUD are hereby approved per plans dated April, 1981 subject to the following conditions; 1. Compliance with the City Engineer's Memorandum for this project. 2. Final plan to include design of the public trail on that portion of the corridor above the Hundred Year High Matar Elevation; compliance with City Park Dedication Policy to be in conjunction with individual site plan approvals based upon the approved final plans for the development and upon the Park Dedication Policy in effect at the time of site plan approvals. Alternate trail design (elevation) will be considered at final plat stage. 3. Design consideration shall be applied it final plan stage and at individual site plan stage to clustering of indi.•..,ial and commcrcial buildings with the intent of providing building and yard areas toward the public streets with parking and driving areas to be internally located and shared where feasible. r a Resolution No. 81 -281 Page 2 4. Design consideration shall berricpi; lip to Preservation anodflnatural woodlands throughout the site and pa 5. Issuance of conditional use permit per Section 6 of the Zoning Ordinance regarding development in or abutting the General Flood Plain District shall be a functionofapprovalbytheDepartmentofNaturalResourcesasverifiedbytheCityEngineer. 6. Completion of required EAY review prior to final plat and prior to commencement of site grading. 7. Minimum building setback requirements from front property lines may be reducedtonolessthan35feetinthosecaseswhereSiteshavebeendesignedtoprovide for internal parking and circulation with yard areas toward the street. 8. Building height greater than the ordinance Maximum shall be allowed per theadditionalheightprovisionsofSection10oftheZoningOrdinanceprovided all applicable ordinance requirements including minimum parking standards are met; exceptions to this provision shall be in the following areas: Areas B, C. E and F where the maxiwq building height shall be no greater than six (6) stories and in Area 1 maxim height of structures on Lots 3, 4, and 5 of Block 3 shall be no greater than 35 feet. 9. There shall be no loading or outside storage facilities on the east side of the buildings on Lots 3. 4. and S• block 3 east of proposed County Road 61 and north of 2Eth Avenue North; such WIV rtes on the north and south sides of those buildings shall be substantially screened from view to the east. e 10. There shall be no outside trash disposal facilities except in specific areas appropriately screened as approved by the City in conjunction with site plan approvals. Restrictive covenants to be filed with the final plat shall address this pr(-. +lion for trash disposal facilities. r LJ 1• t 7 11. Final plan shall include a master walkway system to provide for pedestrian circulation to individual sites and/or along public streets; said master plan to apply to individual site plan approvals. U. Provision shall be made for bus drop off /pick up facilities throughout the development. either incorporated with public rights -of -way or on private drives. 13. The design and construction of County Road 61 and other public streets within the development shall be in accordance with the final transportation study approved by the City Council at the tip of final plat approval. Xenium Lane should be installed to the appropriate urban section with Phase I of the development to Ccouncty Road 9; 30th Avenue Borth should be cul -de -sated and not intersect with Councty Road 61. 14. Curb cuts onto County Road 610 not to exceed S. shall be allowed in the vicinity between 26th Avenue North and the north boundary of the plat. Final determination of location of those curb cuts as well as curb cuts throughout the development will be grade with site plan approvals. Joint site access throughout the development is encouraged. 15. Direct access to Highway SS whall be eliminated concurrent with the construction of the new public streets adjacent to proposed Block 7. r F` •. Resolution No. 81 -281 Paqe 3 16. final plans and plat Shall be in accordance with Section 9 of the toning Ordinance relative to planned unit devllOFments and shall include proposed restrictive covenants relative to such matters as signage. trash disposal facilities. outside Storage andAMI.11kli Building setback requirements for proposed tot S. Block 3 re tive.to the "south exposure shall be a minimum SO feet considering that the use 0t the residential property across 26thAvenueNorth1sachurchWhichISAUStitutionalincharacteranddoesnot include any residential 4411111gS.' side of11, Final plat to include ultimate lsposlti0n byrMa snof public dedicationH dedication or incorporation with adjacent sites 11+. All areas within the developMent Shall be included in the final plat wither in the fors of rights-of-ways platted lots, or outlots. 19. The proposed structure is Area A on Block 1. lot 6 (the area reguided) shall have direct street access unless by'legal covenant approved by the City no future subdivision of the parcel Will be made• 20. Requirinq the developer to submit petitions for the iVrovement of streetsandroadsnotincludedinPhaseideveloprantandproperlyaddresstheseconditionsinthedeveloPrentcontractsothatshouldtheCitydetermine construction of these Streets must proceed on an accelerated schedule relative to the developer's plans* such action my be commenced by the City. The Motion for the adoption of the foregoing Resolution was duly seconded by 'elm a and upon vote being taken thereon, the following voted in favor thereof: DayeapQr!. [euncilmeRbers Hails. ceMs1dar and ThrAln n ` The o ow n9 voted against Or abstained: none Whereupon the Resolution was declared duly-Passed41uly-Passed and a opts . Aw 44 0 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 _'.st day of may , 19_0 The following members were present: Mayor Schneider Councilmembers Vasiliou, Ricker, Zitur_ and SiEk The following members were absent: wane Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION 89- 235 APPROVING AMENDED MPUD PRELIMINARY PLAN /PLAT AND CONDITIONAL USE PERMIT FOR PRUDENTIAL INSURANCE COMPANY OF AMERICA FOR AREA "D" OF THE NORTHWEST BUSINESS CAMPUS (88133) WHEREAS, Prudential Insurance Company of America has re uested approval of an Amended Mixed Planned Unit Development Preliminary Plan and Conditional Use Permit located at the southwest quadrant of Annapolis Circle and Campus Drive; 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 jt hereby does approve the request for an Amended MPUD Preliminary Plan /Plat and Conditional Use Permit for Prudential Insurance Company of America for Area D of the Northwest Business Campus located at the southwest quadraiit of Annapolis Circle and Campus Drive, 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 No. 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. Nc signage is approved by this resolution. A detailed master sign plan shall be submitted with the Final Site Plan. see next page) r] 0 Resolution No. 89 -235 Page Two 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the waste storage structures, and no outside storage is permitted. 9. An 8 -1/2 x 11 inch "As Built' Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 11. Compliance with the conditions of Resolution 81 -281 and Resolution 85 -1 -A that continue to apply. 12. Uses of "Area D" shall be limited to one convenience store (including gasoline dispensing); uses as "permitted" in the B -3 zone; and uses allowed as "Conditional" with a Conditional Use Permit, in the B -3 zone subject to specific approval of each Conditional Use Permit. "Area G ", at the northwest corner of Northwest Boulevard and Xenium Lane, shall be limited to office /showroom use in place of the gasoline service station previously approved. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember zitur , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmemb.era _ va,,. Jiou Ricker, zitur and Sisk The following voted against or abstained Non Whereupon the Resolution was declared duly passed and adopted. so I hl kMAW o S.73. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 7, 1990 COMMISSION MEETING DATE: June 13, 1990 FILE NO.: 90023 PETITIONER: Mutual Investment Properties REQUEST: AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR ENLARGED OUTSIDE STORAGE AT "MINN -WELL SUPPLY COMPANY" LOCATION: 15400 28th Avenue North GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I -1 (Planned Industrial) BACKGROUND: On November 2, 1987 the City Council, by Resolution 87 -722, approved a Site Plan and Conditional Use Permit to construct an 18,825 square foot office /warehouse facility and to allow outside storage of palletized materials. The applicant proposes expansion of their outside storage area by 3,150 square feet. The asphalt would be extended east and north at the northeast corner of the existing site and the eight foot wooden fence would be extended 30 feet easterly to accommodate the enlarged pipe storage area. Notice of this public hearing has been published in the official city newspaper, and all property owners within 500 feet have been notified. In addition, a development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. Section 8, Subdivision B, Paragraph 2(a) of the zoning ordinance provides for outside storage within the I -1 district with the Conditional Use Permit. Additional requirements with regard to outdoor storage are found in Section 10, Subdivision C, Paragraph 4, where the Zoning Ordinance states that all outside storage shall be located or screened with an adequate buffer so as not to be visible from any classes of residence district, adjoining property, or public street. 3. All Conditional Use Permits are reviewed for compliance and consistency with six specific criteria contained in the Zoning Ordinance. A copy of those criteria is attached to the Staff Report. The applicant, in his communication received by the City of Plymouth April 5, 1990, addresses arguments on behalf of this storage enlargement proposal, and compliance Page Two File 90023 with the Standards for Conditional Use Permit. 4. A sizeable storm water drainage area exists in the northeast corner of the existing site. This storm water drainage area is covered by an easement to the City of Plymouth. The proposed outdoor storage enlargement does not encroach upon the existing storm water drainage area. PLANNING STAFF COMMENTS: 1. We find the proposed expansion of outdoor storage should be consistent with the purposes and intent of the Plymouth Zoning Ordinance with regard to the I -1 district. The proposed screening from adjoining properties and the public street is consistent with the requirements of the Zoning Ordinance. 2. We find the proposed Amendment to the Conditional Use Permit to be consistent with the criteria found in the Zoning Ordinance for Conditional Use Permits. 3. We find the proposed Site Plan Amendment to be consistent with the applicable policy standards and ordinances of the City of Plymouth regarding site design in the I -1 zoning district. RECOMMENDATION: Hereby recommend approval of the Amended Site Plan and Conditional use Permit for Minn -Well Supply Company subject to the standard conditions for such approvals. Submitted by: Charles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution approving Amended Site Plan and Conditional Use Permit 2. Engineers Memo 3. Condition Use Permit Criteria 4. Applicant's Narrative 5. Resolution 87 -722 approving the original Site Plan and Conditional Use Permit 6. Location Map 7. Large Plans pl /cd/90023:11) APPROVING AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR MUTUAL INVESTMENT PROPERTIES FOR ENLARGED OUTSIDE STORAGE AT "MINN -WELL SUPPLY COMPANY (90023) WHEREAS, Mutual Investment Properties has requested approval for an Amended Conditional Use Permit and Site Plan for enlarged outside storage (3,150 square feet) at Minn -Well Supply Company for property located 15400 28th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Mutual Investment Properties has requested approval for an Amended Conditional Use Permit and Site Plan for enlarged outside storage at Minn -Well Supply Company for property located 15400 28th Avenue North subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 3. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 4. Compliance with the Ordinance regarding the location of fire lanes. 5. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 6. Compliance with applicable conditions of Resolution 87 -722 approving the initial Site Plan and 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: June 6, 1990 FILE NO.: 90023 PETITIONER: Mr. Tim O'Conner, Mutual Investment Properties, 15400 -28th Avenue North, Suite 2, Plymouth, MN 55447 SITE PLAN: PALLETIZED PIPE STORAGE AREA - MUTUAL INVESTMENT COMPANY LOCATION: North of 28th Avenue, east of Vicksburg Lane in the southwest 1/4 of Section 21. 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. 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: These are in addition to the assessments shown in No. 1 and No. 2. 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL /EASEMENTS /PERMITS: N/A Yes No 6. _ X _ Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. 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.) X _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. N/A Yes No 10. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- UTILITIES AND TRAFFIC: N/A Yes No 12. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ _ X Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: An additional catchbasin shall be constructed over the existing storm sewer Rine that crosses through the proQosed palletized pine storagg area to accept the storm water from the storage area. N/A Yes No 14. X Necessary fire hydrants provided - 15. X 16. X _ 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 - Acceleration /deceleration lanes are required at the intersection of and N/A Yes No 20. X All existing street right -of -ways are required width - Additional right -of -way will be required on 21. X Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ _ X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. B -612 concrete curb will be required around the pelletized storage area to control drainage. 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 Items 12. 13, 22, 26, 27A. 27B, 27C, and 27D. 5- SPECIAL CONDITIONS REQUIRED: 27. A. A detail of the catchbasin structure shall be noted on the Site Plan. B. The B -612 curb and gutter detail shall be shown on the Site Plan. C. The Site Plan shall note at a minimum spot elevations for the proposed palletized storage area. D. No encroachment into the ponding easement area will be allowed. It appears that a retaining wall will be necessary to avoid the necessary ponding area. Submitted by: Daniel L. Faulkner, P. E. City Engineer IRM SECTICK 9, St I MCK A i' • I 16 . a ' • k, n Lexe •,0 1 «. 2• Pte. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Cogmission forpurposesofevaluationagainstthestarx9ardsofthissection, public Hearing, and development of a recam- erydation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Catmission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenanoe or operation of the conditional use will pramte and enhance the general public welfare and will Mt be detrimental to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for thepurposesalreadyPermitted, nor substantially diminish and n air property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and imprav%a2nent of surroundingpropertyforusespermittedinthedistrict. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. formss :o >pl /cup.stnd /s) 10/89 APR 5 ig90 OF 10UCITYC COM1dL!`4iTY DEVELOPMENT DEPT. 5. BRIEF DESCRIPTION OF REQUEST: To address the six standards that the Planning Commission uses in reviewing Conditional Use Permits, we offer the following concerning our proposed expansion to the fenced storage area at our warehouse: A. To our knowledge; this request is in full compliance the Comprehensive Plan. B. Establishing this area will promote public welfare by increasing the efficiency with which truck traffic to our warehouse is handled. No danger to the public health, safety, morals or comfort will result from this expansion. C. We will have the entire area used as expanded storage fenced in a similar manner to that of the existing storage area. This storage area will not be visible from the roadway and will not infringe on the use of any of the neighboring property. Property values will not be detrimentally affected by the enclosure of this area. D. This area will in no way impede the development or improvement of any of the surrounding property. E. This additional storage area will allow for increased efficiency in the handling of truck traffic. If this expanded storage were to have any effect on traffic, it would be as an asset in the orderly flow to and from our facility. F. Our intended use for this area will conform to all applicable regulations of the district. CITY OF PLYMOUTH 40 Pursuant to due call and notice thereof, a regular meetinq of the City Council of the City of Plymouth, Minnesota, was held on the 2nd day of November , 1987. The following members were present: Mayor Schne eftr_,_ ouncIImembers Vases, Zitur, Crain and Sisk The- following members were absent: None r• or rrr Councilmember Crain introduced the followinq Resolution and moved Its adoption. RESOLUTION NO. 87 -72J APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR JOHN STENCEL, MUTUAL_ INVFSTMFNT PROPERTIES (87103) WHEREAS, John Stencel, Mutual Investment Properties, has requested approval of a Site Plan and Conditional Use Permit to construct an 18,825 sq. fL. office /warehouse facility; and, to allow outside storage of palletized materials on the site northeast of 28th Avenue North and Ranchview Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Puhllc Hearing and recommends approval; NOW, THEREFORF, BE 11 HERFBY RESOLVED BY THE CITY Cm)UNCII OF THE CITY Of PLYMOUTH, MINNESOTA, that It should .,nd hereby does approve the request for John Stencel, Mutual Investment Properties, for a Site Plan and Conditional Use Permit to construct an 18,825 sq. ft. office /warehouse facility; and, to allow outside storage of palletized materials on the site northeast of 28th Avenue North and Ranehvle.w lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees-in-lieu of dedication In accordance wltfr the Dedication Policy in effect at the time of Building Permit Issuance. 3. Compliance with Policy Resolution No. 79 -80 regardinq minlrmxmm floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site Improvements. 5. Any signage shall be In compliance with the Ordinance. 6. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 7. All waste and waste containers shall be stored within the enclosure. 8. An 8 112 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. PLEASE SEE PACE TWO A. Page two Resolution No. 87 -722 9. The permit is subject to all applicable codes, requlations and Ordinances, and violation thereof shall he grounds for revocation. 10. The permit is issued to the Mutual Investment Properties as operator of the facility and shall not be transferable. 11. The site shall be maintained in a sanitary manner. 12. The permit shall be reviewed in one year to assure compliance with the conditions. 13. All parklnq sh,,tl he off- street In designated areas which comply with the 7onlnq Ordinance. 14. The rooftop equipment shall be visually screened with a wooden fence to he painted to match the building, per Ordinance, to effectively buffer notse so that It is not transmitted beyond the boundaries of the property so to be perceptible In the abutting residential district. 15. The building exterior shall be painted a natural earth tone and flnlshed consistent with nearby buildings. 16. The fence to be erected around the outside storage area shall be e board -on -board fence with upright posts that a minimum 4 Inches by 6 inches cedar; and, it shall be placed at an elevation of 984 to provide adequate screeninq for the west side of the site. 17. The developer shall mdtntain a 25 ft. area around the Nigh Water IIeVdtlon on the northeast corner of the site in its natural state to provide additional screeninq from the east and northeast; and, the silt fence shall be no closer than 25 feet to the Nigh Water Flevation. 18. All the fencing that is Indicated on the plans shall be board -on -board and the upright vertical posts shall be a minimum 4 inches by 6 Inches cedar. The motion for adoptlon of the foregoing Resolution was duly seconded by Councilmember Sisk , and upon vote being taken thereon, the followin q voted In favor thereof: Mayor 931neiderp Councilmembers Zitur, Crain and Sisk The followinq voted against or a sta ne d: Councilmember Vasillou ------Whereupon the Resolution was declared duly passed and adopted. IM!IC I \i1!1- III_ .• . . . La C li ca Po. 1i t. iw i M tee. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 1, 1990 COMMISSION MEETING DATE: June 13, 1990 FILE NO.: 90024 PETITIONER: Robert Larsen Partners REQUEST: PRELIMINARY PLAT /GENERAL DEVELOPMENT PLAN AND VARIANCE TO ALLOW MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT. LOCATION: Southeast quadrant of Highway 55 and Cottonwood Lane GUIDE PLAN CLASS: CR2 (Retail Shopping) ZONING: B -2 (Shopping Center Business) BACKGROUND: In 1982 a Grading Permit was issued to allow the surcharge filling of the easterly portion of this site. In 1983 a second Grading Permit was issued for additional grading and filling on the eastern portion of the site. In August'1988 the Prime Development Corporation applied for a Preliminary Plat and General Development Plan for this site for redevelopment, much in the same manner as here proposed. A Planning Commission Hearing was held on August 10, 1988, resulting in action to defer consideration of the Prime application for design modifications to reflect existing zoning of the site, and consistency with the then existing Thoroughfare Guide Plan for this area. No further submissions or actions were taken regarding that application. The applicant proposes Preliminary Plat and General Development Plan for this site of 18.7 acres that will result in two lots and one outlot, and a General Development plan for an 8,127 square foot addition to the existing 33,440 square foot shopping center and 27,010 square feet of new construction in three structures. The variance is to permit the location of a second structure on proposed lot one block one. This structure would be in addition to the existing shopping center. Notice of this Public Hearing has been published in the official city newspaper and all property owners with in 500 feet have been notified. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. Section 500 of the Plymouth City Code provides the standards of design and submission requirements for platting within the City of Plymouth. These are the standards upon which the Planning Commission must review a Page Two File 90024 preliminary plat such as proposed. Review based on these standards, in addition to issues of consequence that arise at the required public hearing, forms the basis for the recommendation the Planning Commission makes to the City Council with regard to preliminary plats. 2. Section 11 Subdivision A Paragraph 1 of the Plymouth Zoning Ordinance requires that any platting application in other than the three lower density residential zones must be accompanied by a General Development Plan. The General Development Plan is intended to be a conceptual rendering of the proposed use of the property, and is not required to show the fine detail of a Site Plan. Such a detailed Site Plan would normally follow the approval of General Development Plan by a separate application process. 3. The applicant proposes to redevelop a parcel of approximately 18 acres. The parcel currently contains a neighborhood shopping center of 33,440 square feet; a former car wash facility (now razed of 4,200 square feet; and, an excavation fill of approximately 15 feet in elevation covering approximately 100,000 square feet. The applicant proposes to plat the subject parcel into lots of 14.65 acres Lot 1, Block 1); 1.12 acres (Lot 2, Block 1) and .5 acres (Outlot A). Lot 1 would contain the existing shopping center with an expansion of 8,127 square feet on the west end, and additional retail facilities in a building of 19,500 square feet. Development would concentrate on the northern three quarters of the site, leaving the southern one fourth of the site for storm water drainage, as required by the Plymouth Storm Water Drainage Plan. 4. The applicant requests a variance from the Zoning Ordinance, Section 10, Subdivision C, Paragraph 9 to allow a second principal building on one lot. The petitioner bases his petition for variance on issues of hardship and unique site conditions that relate to the existing eight inch sanitary sewer that bisects the property north to south. Petitioner proposes the center to still function under single ownership and be a single parcel of property. 5. A major issue that impacted the design for this area over the past several years has been compliance with the design features of the Transportation Plan with respect to new thoroughfares that would impact the site. Since the last consideration of an application on this site in 1988 the Thoroughfare Guide Plan portion of the Plymouth Transportation Plan has been amended based on extensive studies of land use and related factors on a city wide basis. The amended Transportation Plan for the City of Plymouth, including an Amended Thoroughfare Guide Plan, was adopted by the City Council on December 18, 1989. While this plan still remains subject to concurrence by the Metropolitan Council, it is the current Planning Guide that must be applied in review of development proposals such as this. Page Three File 90024 The Thoroughfare Guide Plan recommendations for this now provide for a continuous North Service Drive to State Highway 55, from County road 73 to Goldenrod Lane, and an extension of Goldenrod Lane southerly to intersect with an extended Sixth Avenue North. This forms the thoroughfare loop required to accommodate the travel desires in this quadrant of the community. Neither the extension of West Medicine Lake Drive southerly adjacent to this site, or the extension of Sixth Avenue North easterly across the south portion of this site are features of the current Thoroughfare Guide Plan. The preliminary plat proposed provides street right -of -way and General Development Plan design for this area that is responsive to the current Thoroughfare Guide Plan. 6. The provisions of the Subdivision Ordinance found in Section 500.15, Subdivision 5, with respect to the conservation and preservation of the natural environment contains no distinction between residential and commercial plats. The site of this plat and the General Development Plan particularly the undeveloped south half) presents a variety of existing natural features including mature stands of trees and wetland areas. The issue to be addressed here is not whether such features preclude a project such as proposed, but rather to emphasize to the developer that any future Site Plan, involving greater detail, should address this issue of conservation of existing natural features with the design goal to incorporate these features for the maximum extent possible in the design. 7. The grading plan submitted in support of the preliminary plat provides for work within the DNR protected wet land 699 -N as well as federally regulated wetlands and storm water retention areas of the City of Plymouth. While the extent of that encroachment is not extensive, that DNR and Corps of Engineer's permits will be necessary prior to execution of the grading plan as proposed. PLANNING STAFF COMMENTS: 1. The proposed preliminary plat and General Development Plan are responsive to the elements of the Plymouth Comprehensive Plan, particularly the Land Use Guide Plan and the Transportation Plan. The proposed street right -of- way dedication will result in the proper execution of the Thoroughfare Guide Plan recommendations for this area of the community. 2. The grading plan element of the Preliminary Plat submission proposes cut /fill activity that would encroach on State and Federal regulated wetlands along the south and east peripheries of the developed portion of the site. We find that encroachment with respect to the need to align the Thoroughfare Guide Plan recommended public street intersection with County Road 73 as far south as possible is in the public interest. The grading proposed to accommodate the public street construction should be minimized by sloping methods that will eliminate the need for the 8:1 slopes that are now proposed by the Grading Plan. Use of sheet pile or other retaining wall methods will permit the reduction of encroachment on the wetland in this portion of the site substantially. Page Four File 90024 3. Additional encroachment in State and /or Federally regulated wetlands is proposed near the center of the site that will enable enlargement of the developable area of the site. The permit for this encroachment is not the same as that proposed for the southeast corner of the site. We therefore find this encroachment to be inconsistent with the design standard of Section 500.15 of the City Code with respect to "conservation and preservation of natural environment." We recommend that the Preliminary Plat (Grading Plan) and General Development Plan be amended to restrict site grading not related to the public street corridor to areas outside of wetland areas as established by State or Federal regulatory agencies. RECOMMENDATION: I hereby recommend approval of the General Development Plan and Preliminary Plat for "Plaza 55" based on the design related condition noted above and those conditions g erally included ry this type of development action. Submitted by: ar 6-s E. DiTTerud, Community Development Coordinator Attachments: 1. Resolution Approving Preliminary Plat and General Development Plan 2. Engineer's Memo 3. Petitioner's Narrative of April 6, 1990 4. Planning Commission Minutes of August 10, 1988 5. Location Map 6. Large Plans pl /cd /90024:jw) APPROVING PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN FOR ROBERT LARSEN PARTNERS FOR "PLAZA 55 SHOPPING CENTER" (90024) WHEREAS, Robert Larsen Partners has requested approval for a Preliminary Plat and General Development Plan for Plaza 55 Shopping Center, a plat for 2 lots and 1 outlot on 18.7 acres and a General Development Plan for an 8,127 square foot addition to the existing 33,440 square foot shopping center and 27,010 square feet of new construction in three structures located at the southeast quadrant of Highway 55 and Cottonwood 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 hereby does approve the request by Robert Larsen Partners for a Preliminary Plat and General Development Plan for Plaza 55 Shopping Center for a plat for 2 lots and 1 outlot on 18.7 acres and a General Development Plan for an 8,127 square foot addition to the existing 33,440 square foot shopping center and 27,010 square feet of new construction in three structures located at the southeast quadrant of Highway 55 and Cottonwood Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 4. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 5. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 6. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 7. Final Plat design documents shall demonstrate measures to minimize wetland encroachment related to construction of the Highway 555 SoutF Service Drive intersection with County Road 73. 8. The Final Plat and Site Plan(s) shall demonstrate elimination of all encroachment on State or Federal wetlands not related to public street construction consistent with #7 above. 9. The initial Site Plan shall demonstrate efforts to retain existing forestry resources on site including compliance with City Council Resolution 89 -439 regarding preservation of trees. DATE: FILE NO.: PETITIONER: PRELIMINARY PLAT: LOCATION: ASSESSMENT RECORDS: N/A Yes No City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council June 6, 1990 90024 Mr. Kelly Doran, Robert Larson Partners, 732 Avenue South, #281, Minneapolis, MN 55402 PLAZA 55 South of State Highway 55, east of Cottonwood Lane in the northeast 1/4 of Section 35 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. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. These are in addition to the assessments shown in No. 1 and No. 2. 4. Area assessments: None. 5. Other additional assessments estimated: The developer will be responsible for one -half the cost of constructing the new frontage road abutting their property. N/A Yes No 6. _ _ X Complies with standard utility /drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. I. 0 N/A Yes No 7. _ _ X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. A 20 foot drainage M 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 drainage plan. Drainage easement for ponding _purpose s J!I 11 111 711 1 9. X All existing unnecessary easements and rights -of -way have been vacated It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. A_portion of the old frontage road right -of -way may be vacated after the new frontage road is constructed in the future, along with County Road 73, 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR X Bassett Creek X MnDOT Minnehaha Creek X Hennepin County Elm Creek MPCA Shingle Creek State Health Department X Army Corps of Engineers Other The developer must comply the conditions within any permit. TRANSPORTATION: N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. _ X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and 15. _ X All existing street rights -of -way are required width - Additional right -of -way will be required on As shown on the Preliminary Plan, N/A Yes No 16. _ X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 - 0 N/A Yes No 17. X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. 18. X Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. The developer shall petition the City to construct the frontage road and County Road 73 and waive their rights to an assessment hearing for the project that will be assessed in the future. 19. _ _ X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. The minimum basement elevations for the building adjacent to Pond BC P32 shall be 897.30 and two feet above the 100 year high water elevation for the o nd purposed to be constructed south of the existing building. N/A Yes No 20. _ X The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. _ X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right -of -way. All water connections shall be via wet tan. 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Shall comply with all agency perms mits. 24. A. Until the new frontage road and County Road 73 are constructed, the existing access to Highway 55 will remain open to traffic with the following conditions: o Existing driveway access opposite West Medicine Lake Drive to the frontage road shall be closed. o Existing right in /right out access point east of West Medicine Lake Drive from the frontage road to Highway 55 shall be closed. o Temporary accesses may be provided at the west side of the property from the existing frontage road and from proposed Lot 2 to the existing frontage road via a temporary paved drive. B. Before any occupancy of the proposed building the frontage road shall be reconstructed from Cottonwood Lane to the west line of Lot 2. C. All slopes greater than 3 to 1 along proposed County Road 73 shall be either engineered slopes or retaining walls. D. Storm sewer calculations, along with pond calculations, shall be submitted with the final grading plan. E. Profile sheets shall be provided for the intersection of the new frontage road and Cottonwood Lane along with the construction details of retaining walls if necessary. The maximum grade for a local street is 7% with a 3% maximum intersection grade to provide a "landing." 5 - F. Comments on the site utilities and paving will be made when a Site Plan application is submitted. Submitted by: `'u LC1,-Qd1Z*t4^,- Daniel L. Faulkner, P.E. City Engineer The Robert Larsen Partners April 6, 1990 Mr. Chuck Dillerud City of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota 55447 RE: Proposed Plaza 55 Project Dear Chuck: ao ar APB 8 CITYcommuNiTf Df ct0P1 EW DEPT. Enclosed herewith is an application for a preliminary plat, variance and for the above project submitted under the City's General Development Plan process. After our many discussions, we are attempting to conform to the City of Plymouth's Thoroughfare Guide Plan as recently modified. Our proposal calls for the platting of this project into three lots. The largest lot would be comprised of a 61,067 square foot shopping center. This part of the project would require a variance to allow two buildings on one lot. We feel that this variance should be granted due to the hardship that exists because of the existing sanitary sewer that bisects the property between the existing and proposed building. We will also agree to provide the City with an easement for this utility, as currently one does not exist. The two smaller lots would be utilized for a convenience store /gas station and a fast food restaurant. The fast food parcel would ultimately comprise part of our property and part of the residual land left after the acquisition of the expanded right - of -way for County Road 73. The final plat for this part of the property will occur after the right -of -way has been acquired and the residual transferred to us. We have submitted conditional use applications for the type of uses that are contemplated on both of the smaller parcels. Our development plan calls for the complete remodeling of the existing building, the construction of the addition and the construction of the convenience store to happen simultaneously in one phase. The fast food parcel would be developed shortly thereafter, upon the delivery of the land and obtaining City approvals. 730 Sc(-ond Avii tic Sc iit1; S:fitt ZS1 - Mir7.r olis, Mir te ota 3 40? iE,12) 3. - % -0 ?t F(zc 612 -3'1 -0634 Mr. Chuck Dillerud City of Plymouth April 6, 1990 Page 2 We feel strongly that this project will turn what is now an eyesore into what will appear to be a brand new center with a new storefront, parking lot, landscaping, roof, etc. Chuck, we look forward to working with you to hopefully finally make this project a reality. As always, if you have any questions or require any additional information, please don't hesitate to give me a call. Sincerely., Kelly J. Partner KJD:kjg CC: Bruce Malkerson 0 0 1'I.+nnlnq (un+InJ ,Mutt llinult k+ttltt!t ti), 1;'414 I1lscussion en•;t+rt1 retl-rdiml %pvclfle directlan for Ihe• Si le• I'lon. Comni%%ioltvr 701.1 it) ted that Site Plan suhmilt.I would occur wl l,hirt out• vear, suhjec•t to this appro- ,il , and wotlld need to comply wlth .ill Ordinance standards. Cortml - SFoner Marofsky stated that he seconded the MoLhm hosed on wh.t he berlleves to he a redsondble alternative. The Sohjv%-L property coed( tleve -lop with six single fami Iv homes that. "Heil( .i t su need ac oe %s to Bass Lake Road; how - ever. tills m.v not t r the• t lghest iml 1)esl use for the Itre +lterty. Sirynalliatlon of Ili(, Dt-erwood Lana• /Co Ity Road i0 intrrr.rrl.lon would benePll those residet ts 11 nd ell+ Oucf'- wood Lane and wot+ld provide then safety fact. Ileedt.d, lilt, retltildimi elerle•rate•s the "arr'ants ford nee• d sIgnaI il.+tion of Counl. Rte.tl In it thici location. C,irrvni•.Sionrr !_vi I eml h-t•,i vvd that ht- ould oppo•.e -Inv Si to _ lel.n+ l rulx .Il, Mule,,. Ire• i'. aSsured f gtmlity Con,.trtx•t.iurt and archile•t-ture 111.11 would h CompaIIhI NIIh ttrround 1 nrl Vice Chair•mon lelufk.e st,tt(Id a "oulcl speak ay.+in,t the i•1t+tton. lhi i•, .1 nun -r.onf minq use, dnd even thnotllt it. het•n lee p l .rt- on rr -i ml per lod tit' time, .loci i s "oA guided CN. it i s st F I I +appropridterly pl.it -ed. Tr.ff is tteiter-Ition .nri slgn.i) iz- Inn shnctld not dictate• 1011d u`•r•. The City must plate for oad connections and lnturser.tinns, however, ne" clevr.lupme• should not exaverbdte• the problem. comm I%sitiner Tierne agreed. She mated LhaI Ill is .+ Itpecul Jer spot" f comme'rc1.11 development alld Site ho'. roncern dhout the Jly pleking up the 75% of the rust for SignaIi ;FA Ilot, whe• a telnt ively few people will benefit from it. MOT1011 hN Co ts5ioner Marofsky, seconded by Cormni oner wire to ,rr+ette the M.iio Modem, addinq Condition rJc . rt. The dt- \eloper wi 11 p.i for the cost of the signals at Di.c•rwood I..lne .lnd County RuJd 10. lto,ll i'.111 Votc• on Amendment. 5 Ayes. MOTION C- irrit-d Itoil Coll Vote nn i.1.11r Motion as onre .imf-rided. t 1yer.. Vice Chairmm Plt,fka and Cornmisr,ioner Tlerney, Flay. Vice Chairm -in Plufka iret.roduc•ed the request and noted that It *as the con%vnsu s of City staff did the pt•t i t inner le+ reque t the. Commission to recommend deferral for rerte•,Jr1n -; discussed; however, the petitioner will answer (lue5tiur+; and the Publlr lle-irinq Itiput will he part of the revord. 1 P. MOTION 10 Att W VOTi - AK'N)N-NT MOTION CARR IE0 VOTI - MAIN MOTION MOTION CARRIED Pil I Mil_ OF_VELOPMI:N 1' Pit( L.IMiNARY PLAT GFNF:RAL DF.VLLOl'MF_NF PLAN AN) VARIANCE 88057) llacte 19; i l.lnrlin(l Commri s'tfoli himjle. Auw,st 10, 19,44 Vice Ch.+ir•man 111 Ifk.+ rr.yuested thaI Cuur'dindlOr 0111"I'(1d provide• -lit mvv 'ew of the AugusL 4, 1988 st•+fl ret nrt. Courdir(•ito1- 1)t1':rrud showed graphics of L e• (•0 •.t11111 conditions on t • !ii ttr and expldlned that the de(•f sf(n t,) request deferra i for this appl ic.it ion was made dur i n(1 ' +t a f t review which dt-tccted a flaw in the application -v' pro- posed. The flaw %a s of such consequence to not .tlluw the appllc..it tun to proceed. He pointed out. the Ionin(1 District hocu dar y charges accompli shed lit 1984 that noo 1 mp.(e t the situ .irr.iri(it -moot As propo%vd. Ile noted th..tt t11v i -1 t-•1 w••. under single owners,hfl•. Coordinator Dillerod noted the two alterndtive': to yo for- ward with this de•velopmt-lit plan; the applicant may petition to re(polde and reiont- the property; or, the structure Mould he re- orientf-d on Live %itv to be within the .tpl r(t ri.t.t 7onitiq dislriet. Vice Chairman P1tjfk.t inquired how much of thcr property 11, the south, in Lhe R -lA loninq District., would he huildablk.? CoordinaLor Di I lerml staled there could be l i tt i e if alv thin( built w111%out a great amount Of fill. Vie•e C 1•tirm.m Plufka inquired if this would he protected wetl•tnd" Co- ordinator f)iltcrud slated perm)ts would he required anti the ir(,A is part of the City Storm Water Draindtle hl.in. 1'0101110 dnd c. +par,it.y wort- discussed. Public Works 01r ^ctor Fred Moores explained Lilt, acre feet of stordge reyuire(t; and that much of Lhe pond i s on property riot assoclated with this tlevelopmc•nt proposal. Vice Chdirm +n f'lufk.+ introduced Ron Erickson, KKE Archi- tects, and Grey Frank, Mecomhs, frank, Roos & Associates. Mr. Hon Erickson st.ited he has worked closely with staff re(lardinq the road configuration for this area, b.+sed on the report submitted by Strgar- Roscoe. The• ponding area would not tie developed it, my case and would be encumbered wit( drainage easements. initially, they were nGt aware of the zoninq boundary error. The Site Plan would require only a minor modification to enahIe them to yo forw.jr(l with j(,- ltgtment. plans. He rioted lhdt they conctirred with staff re(t•irdinq the fcquest to (fefer for redesi(irt. Commissioner Marofskv stated concern that the pr'opnscd right -of -way for road construction comes from the' residen- t1dl lots. Mr. Erickson stated that Lheir plan reflects . +rcess and roadways d i rec Lett by the C 1 ty and the SLrgar- Ruseoe report I1.1gr• l: S ill .1nr liq Comoi11s,iure (tincrte,, Auclust 10, 195!4 Commissioner tl.ir•of'sky inge ired Inq half Lit(! r in1.t - of -wad for the residential property. If this wuuId wk Ic111.11.. t.ck - West Medlctnc• I.okv liu..l 11.1)111 CoordirldLor 011Ierud and Publ le Works Olrecl.or Moore- st.itr.l this would be the case. Commissioner Tierney Inciclire•d If the petlLione•r f'inclt, it more satisfactory to move the proposed facility, nether th.,•i p or! li,t.ionInq fur a re3iunincl. Mr. Ron Fric.kson stated thdt revising the Site Phil wnuld I, best, dS It Is a very minor irevisidn and wuulcl h.r.c• nil impact on the• parkinq or buildinq. Vice Chairman Plufk.l opened the Public, livarincl. tern Llnele•lov, (.;o Coltonwuod Lane.. Stdted he• Is .1 i0-Nr.,r resident and he would ask that the City protect Lhe• re"i- dential prupurt aced not "give -in" to commerci.11 proprrt interests. He Is ouncerned that the InsWi latioii of seoel allowinq the fining of ponding areas, and removal of tr-.••, is nut conducive to pruLecttng residential property. H. toLe!d he Is st rakinq for the residents of CotLonwonel 1.1111 u1d Lhev are asking for Lhc City's protection. Mr. Marlow Risberq, 710 Cottonwoud Lane, stated he Is d 30- year resident and Lhdt 754 of hi9 property would cic for t1w proposed road e•xtrnsfon dnd I e is oppose•u to thr. Ci t v' plans. Bruce,. Thompson, 11018 Old County Road 15, sidled he livers .1L they southeast corner of the property proposed for develop- ment. He SLdted he had talked with the Corps of Fngine•e•r-i dnd thaL development would need to meet. their requirements. He stated concern about fill that has dlready been brought In, and that the City could give no information concerninq those persons who have been working in Lite area arid hringinq In the fill. He stated there are wetlands, wildlIfe, mature• vege•LaLlon, dnd the dreg is unique and should protecLed. He noted he would like to have specific Information rrlatincf to the traffic and road construction. Vice Chairman Plufkd pointed out the lov,ition of the I1-7 70111/19 that allows the re- development of the shopptnfi center. Mr. Thompson stated his concern regarding noise, and 1 i(lhtinul from the Center that would Impact the residents whooe property abuts the proposed drew of development. lie, state cl he has also talked with the I)epartment of Natural fiesource5. Their opinion was that filling and c0nstruc,tiun could cause 11.1til- 19" 111.1tulinq Commi•.•,1.111 Himill-n. Amidst 10, 19141, Suhxt.tntial full -off and would Impact tilt ''wetland Hr• dots Ilot hc.lie c th.,t tilt• o.,tural dreds emild lie r•cl.linl,,i with the plan, for t•\c.lvaIlon for 6th Avenue 11rlr111 construt,licm. Ill- SUOU -11 that ht• has hct`n Luld he would I „•.e• S% of the valor of Mr. property. Ur. INS.r Yah, f,1(1 ('otlelrlwuutt 1,,mc, stated he Is Itp':cl h\ the propoved rodrl r11n %I t ut t j.,r1 .old development. uluterw,ly nl,.lr hl•, home, lit• hot ievc the• em"IvAtioll work 1 :. Ill •ifill performed by the• t..inw dc-.vltll cr. lice Chairmen I Ilefk.l Ineluirt•e1 where the work w.1'.. t.lkinrl place. 111 re, •I r•r .more rout Irmed Limt the work 1'. ht•inll (if ll le fur Lhr plat known ,'. "M )od 110111te11 which wa-, rvrvnr 1 apprelved for rr••.itivr,l I.11 1-nit-S. the developttr is Schocl I h M.,t1 ,rill. 1)1•. Kapp •.lat••(i he• .md Ili'. family seiected 111ynu uth Ilec,111Y• ql” the privdtr• nature 14 Ihr area where they homill, Iheir home; now tilt. w i 1(11 i fl, wet I,m(Is, and wood.inds are pear ir q. Hl, hrl ic%v % there• should he d V.11uc t Idt'"I u'1 lit in,.,uity dml 1 that placed on profit- m.lkinu commercial vent re,. Vice Chairman I Illfk., n11t1 1' it) llc Works Director Moor1• revlt'weli till, Cltv'', Thorou•llifart- Guide Plan, .ilid rul,I•lined to Dr. Ydp, th,t till j l lan ha, been 1l,, place fur 10 vr•ar%, sloce 1)r. Yap reiter.,led Ili,, conce-rns retlardinq the Ios•.: of 1, iv- acy jod property values; .111d, %toted his opposition to till- rodd construct. ian .111(1 the development proposal loldcr cotlsIderdI Ion. Mt1TIdP1 by Cummif,-5ho er 14.,rofksy, seconded' by Conn is!, I l.mer. WM ION TO DI FI R Wirt to defer lhlll. ILem hast -d on Lite staff recommt•odat loll that plan revi- :lore•: ht made to reflect the ionlml district hounddry arid any chaorles occessl Lated by the SLrtlar- Itof,cor• Report; arid, ,toy a Lerr,dl ive road al ignmc -rtts I.haL crn1111 lmp,iet 1111% develolm,ent proposal he reviewed by the Plarmintl Commis . l on . Cominissior,er M.,rofsky reitt•rdted his concern rco- irdinll the Impact,. to residential property by this proposal and tile- City's plans fur road constMCLion. Vice Chairman Plufka stdte.(I th.it It would be Iotaicdl IIlaI. staff would pursue any action which would er sure minimal disturhdnce in the residential areas rclaLlnq to (Iradine.i mr—I fell. ti;k•. hdcle- 200 Planninq Commisslult ttinuttt, Auqu%L 10, 198H Commissioner Marot'sky gtatc•d Ills main concern is Leith tilt- exte.nsloit of the ruad tt+rough the wetland, (such .I`. problems seers with County Road 61) dnd, if It r. + tt avoided, now is the time• to do it. Mr. Ron Erickson stated thvy understand the City's plan', t•ur street dnd road construction; however, they don't tiel is vt this would affect their plan. Commisslorier Mdrofsky re-id from the Stryar- Hoscoc+ Repot-L, page 5., No. 7, lhd1, 1lsts their recommendaLlon°, arm alterndtives re.latt%,P to the proposed site; and, that it i% important fur the Commission to see what they have If, mind. Mr. Ron Erickson irtquirctd If the Commission would w.+nt. representative from Strt.lar- Roscoe present at the time the revised plans for this propo-.Al are reviewed. Vice Chairman Phifko stdt.ed that the record is cle,+r on thy• concerns expresst•d ret7ardinu the roadway construction .ttut the preservation of residential and natural proprrt. fed tur(.-s. Publir Work% Director Moore stated there are no drtciition.+l studies underway. These comments are in eonjunctlon %ittl the City's Thurutrghfnry guide Pldn and this proposal would not affect the allgnmetiL. He noted that the road would skirt the wc•tl•r cis. MOTION by Vice Chairman I lufka, seconded by Conmisaunt -r MOTION TO AR414) Tierney to Amend the MuLlon by deleting reference to 111r. Strgar- Roscoe Report. Commissioner Mdrof%ky stated, that without kr owinq what Strqdr- Roscoe• may r comn end, he believes It Could Impact the proposed site., however, he does not want to hold up the re-- view of Nrimt• Development Corpordtion revised plans. N..• would want to see dny further Information available fr1,m Strqdr - Roscoe or the City pertaining to road construction In this area. Roll Call Vote on the Amendment. 3 Ayes. Comnlsslnnert, VOTE - AMI-N()ME -NT Wire dttd Marofsky, flay. MOTION CARRIEI) Roll Call Vote on t•idEr Motion as once Amended. S Ayes. VOTE - MAIN MOTION MOTION carried. MOTION CARRIFD Vice Chairman Plufka stated that those who spoke on this adendd item, will tie itot 1 f led when it returns for PI dnn inq Commission review. Vice Chdirmdll Plufkd called a R(WeSs dt 1000 ii.M. REUSS a 1 VfA 1 : kr 11 90 0 t 1 AS se y I I WAYZATA EAST JUNIOR HIGH SCHOOL LIMITS rf;ium C l i l 0 iil, 11 1 N N 5. D. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 7, 1990 COMMISSION MEETING DATE: June 13, 1990 FILE NO.: 90036 PETITIONER: Hans Hagen Homes /Westar -Rome Partners REQUEST: Conditional Use Permit to Undertake Land Reclamation Activities in the FRD Zone LOCATION: Southwest quadrant of Medina Road and County Road 24 GUIDE PLAN CLASS: LA -1 (Low Density Single Family Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: No previous development applications are on record for this property in the files of the Community Development Department. An application has been filed by this applicant for an RPUD Concept Plan /Preliminary Plan /Conditional Use Permit /Preliminary Plat and Rezoning for a site of approximately 60 acres which includes this 6.8 acre land reclamation site. The excess material proposed to be stock piled at this location will be distributed throughout the 60 acre RPUD at a future date. The applicant proposes the construction of two triangular earthen mounds in the southwest quadrant of existing Medina Road and County Road 24. The northerly earthen mound will be approximately 2 acres in size with a maximum elevation of approximately 14 feet above existing grade. The southerly mound will be approximately 4 acres in size and will extend approximately 26 feet above existing grade at the maximum elevation difference. Notice of this Public Hearing has been published in the Official City Newspaper and has been mailed to all property owners within 500 feet. A development sign has been placed on the site. PRIMARY ISSUES AND ANALYSIS: 1. Since both the northerly and the southerly mound will be place on sites that are of varying grades at the periphery, the actual difference between existing grade and the top of the mound will vary as to the point of reference. From County Road 24 the southerly mound will be a maximum of 17 feet above grade and the northerly mound will be slightly over 20 feet above grade. The existing ground elevation at the highest point of the most northerly mound already is 16 feet above the grade of County Road 24. Page Two File 90036 2. The applicant proposes a corridor within which no filling would take place approximately 120 feet in width through which the reconstruction of Medina Road would take place -- if the center line of Medina Road is selected consistent with the corridor they have shown on their plans. The corridor required for the construction of Medina Road may be different than that shown on the applicant's plans based on the alignment selection process now under way at the City of Plymouth. The Public Meeting with respect to this alignment decision is scheduled for June 19, 1990. 3. From the Physical Constraints Analysis we find the subject site to be located in the Bassett Creek Watershed District and to contain no City storm water drainage facilities. We find that the site is not located in any Shoreland Management Area or a Flood Plain Area; does not contain any State or Federally designated wetlands; does not contain any significant woodlands; does not display any slopes of over 12 percent; and is generally suitable for urban development with public sewers. The proposal to store material on this site is compatible with the Physical Constraints Analysis. 4. The applicant has provided details in support of his application that includes an erosion control plan to stabilize the 3:1 side slopes of the fill mounds, and preclude the erosion of fill material into adjoining water courses. 5. Section 9 of the Zoning Ordinance directs review of an application for a Conditional Use Permit to be undertaken with respect to the consistency of that application with six specific standards found in the Ordinance. A copy of the Ordinance section containing those six standards is attached. 6. The Hennepin County Department of Public Works has reviewed the application at the request of the City of Plymouth and they have responded with a condition that there be no access to this site directly from County Road 24 by trucks hauling. All access must be from Medina Road. PLANNING STAFF COMMENTS: 1. The Conditional Use Permit application meets the standards provided the Zoning Ordinance for such applications if the proposed fill stock piling and reclamation activity takes place consistent with the recommended conditions of the City Engineer and the Hennepin County Department of Public Works. 2. The specific location of realigned Medina Road has not as yet been determined. Approval of this Conditional Use Permit should be specifically conditioned on no fill activities taking place until that exact alignment has been selected, and no fill materials shall be placed within the construction zone for the realigned Medina Road. This condition may place a time constraint on the initiation of reclamation and stock piling activities that should be recognized by the applicant. Page Three File 90036 RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for the approval of a Conditional Use Permit to allow reclamation and soil stock piling activities subject to several conditions including the special conditions noted in the staff comments. MSubmittedby: f i IJ) 11 IAe .414-'r Charles E. Dillerud, Community Deveppw#nt Coordinator ATTACHMENTS: 1. Resolution Approving Conditional Use Permit 2. Engineer's Memo 3. Hennepin County Department of Public Works Letter 4. Applicant's Narrative 5. Location Map 6. Large Plans pc /cd /90036:jw) APPROVING CONDITIONAL USE PERMIT FOR HANS HAGEN HOMES /WESTAR /ROME PARTNERS FOR LAND RECLAMATION (90036) WHEREAS, Hans Hagen Homes /Westar /Rome Partners has requested approval for a Conditional Use Permit for land reclamation and stock piling of earth fill material on property located at the southwest quadrant of Medina Road and County Road 24; 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 Hans Hagen Homes /Westar /Rome Partners for a Conditional Use Permit for land reclamation and stock piling of earth fill material on property located at the southwest quadrant of Medina Road and County Road 24; subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 3. Concurrence with the recommendations and requirements of the Hennepin County Department of Public Works with respect to access to County Road 24 and signage with respect to "Trucks Hauling ". 4. No filing activities shall be undertaken until approval by the City Council of the specific alignment of the relocated Medina Road and County Road 24. 5. A Grading Permit shall be obtained, all required financial guarantees shall be submitted, and fees shall be paid prior to issuance of the permit. CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: June 6, 1990 FILE NO.: 90036 PETITIONER: Mr. Richard Bloom, Land Concept Corporation, 14600 Woodruff Road, Wayzata, MN 55391 CONCEPT PLAN: CONDITIONAL USE PERMIT REQUEST FOR STOCK PILING FILL MATERIAL TO BE USED AT A LATER DATE IN THE SEVEN PONDS ADDITION The developers of the Seven Ponds 2nd Addition have submitted an application for a Grading Permit which requires a Conditional Use Permit for the stock piling of fill material from off site. The Conditional Use Permit, if approved by the City Council, shall include the following conditions: 1. The fill must be placed in a location not to interfere with the construction of proposed Median Road and County Road 24. 2. Silt fence and /or other erosion control methods must be in place at all times. 3. The stock pile shall be seeded and mulched immediately after stock piling has been complete. 4. Slopes shall not exceed a 3 to 1. 5. Shall comply with Bassett Creek and Minnehaha Creek requirements. 6. Hennepin County will not allow County Road 24 to be used as an access road to the site. All trucks must use Medina Road. 7. The developer shall have in place truck hauling signs as required by Hennepin County at all times during the hauling operation. 8. If the stock pile should interfere with the construction of Medina Road, the developer agrees to immediately relocate the stock pile to a different area within the Seven Ponds Addition and comply with all of the above requirements. 9. The contractor hauling the fill material shall use "dust control" on Medina Road as necessary. 10. The contractor shall have a street sweeper available to clean County Road 24 and Highway 55 as necessary. Submitted by: Daniel L. Faulkner, P.E. City Engineer HENNEPIN i Ll May 10, 1990 DEPARTMENT OF PUBLIC WORKS Operations Division 320 Washington Ave. South Hopkins, Minnesota 55343 -8468 Phone: (612) 935 -3381 Charles Dillerud City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Re: Hans Hagen CUP (90036), CSAH 24 MOUTH MAY 14 1990 CITY OF PUYMOUTH COMMUNITY DEVELOPMENT DEPT. Chuck: Thank you for the opportunity to review the above - proposed activity. Since the site -abuts Medina Road, no access for fill operations will be allowed on County Road 24. Using Medina Road will force the traffic through a controlled intersection with good sight- distance and will preserve the paved shoulder on County Road 24; most of the site frontage does not offer good visibility. We would also ask that the City require "Trucks Hauling" signs be placed during operations, and that they be taken out of service at other times. Again, thanks for the timely inquiry, and please call if you have further questions. Sincerely, David K. Zetterstrom Entrance Permit Coordinator DKZ:mvr HAGEN cc: Dan Faulkner, City of Plymouth HENNEPIN COUNTY an equal opportunity employer SEVEN PONDS SECOND COMPLIANCE WITH CUP STANDARDS The Conditional Use Permit is to allow placement of up to 100,000 cubic yards of fill material for development of the Seven Ponds Second Addition Mixed Use Planned Unit Development (MPUD). Our response to the standards, which must be met in order to obtain the permit, is as follows: 1. Compliance with and effect upon the Comprehensive Plan. The fill material is being used to create single family homesites in accordance with the use designation on the Plymouth Comprehensive Plan. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Adequate measures are being employed to ensure against erosion and protection of wetland and wooded areas. The stockpiling will also be closely monitored by the Project Manager, Soils Scientist and Project Engineer. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The fill material will be seeded after placement and will be used after approvals are obtained from the City of Plymouth. The placement of fill will not diminish or impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property of uses permitted in the district. The fill material stockpiling will be confined to an open area in the eastern portion of the site and would not interfere with orderly development of adjacent properties. 5. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. Adequate ingress and egress into the fill area is available from either Medina Road or County Road 24. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. We will comply with any conditions which may be determined by the City of Plymouth and the Watershed District. There are no DNR or Army Corps of Engineers designated wetlands within the fill areas. 11 F j,.j j11041Is" 6AO T -MAV a S. C. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 6, 1990 COMMISSION MEETING DATE: June 13, 1990 FILE NO.: 90044 PETITIONER: Inspirations, Inc. /Rodney and Catherine Gorgens REQUEST: RPUD PRELIMINARY PLAN AMENDMENT FOR "BURL OAKS" LOCATION: 16890 5th Avenue North GUIDE PLAN CLASS: LA -1 (Low Density Single Family Residential) ZONING: BACKGROUND: RPUD 78 -1 The RPUD Preliminary Plan and Conditional Use Permit were approved for the Burl Oaks project by Resolution 78 -152, adopted March 27, 1978. On May 15 1978 the final plat for the portion of Burl Oaks containing the subject parcel was approved by Resolution 78 -274, and Conditions Prior to Recording of that resolution were approved by Resolution 78 -275. The applicant proposes an Amendment to the RPUD Conditional Use Permit /Plan for this single lot to permit a setback of 29 feet to a street right -of -way line rather than the 35 feet "front yard setback" approved for this RPUD. The Amended PUD Plan request relates to a proposal by the applicant to construct a family room addition of 10 feet by 18 feet to the existing home. A notice of this public hearing has been published in the official city newspaper and all property owners within 500 feet have also been notified. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The Zoning Ordinance directs the Planning Commission to consider a Conditional Use Permit of this type within the terms of the six criteria found in Section 9, Subdivision 8, Paragraph 2(a). We have attached a copy of the reference citation together with the handwritten response to those criteria from the Petitioner. The Planning Commission must also consider this particular Conditional Use Permit in terms of the Planned Unit Development Preliminary Plan and Plat review criteria found in Section 9, Subdivision B, Paragraph 5(c) of the Zoning Ordinance. We have also attached a copy of this ordinance citation. Page 2 File 90032 2. The subject lot is a "through" or "double front" lot, where street frontage is on both 5th Avenue North within the Burl Oaks development and on 9th Avenue North in the development immediately to the north. The lot immediately to the west ( on the other side of the trail outlot) is the other lot of the subdivision where double frontage with 5th Avenue North and 9th Avenue North is existing. 3. Except for the extra large (100 feet) setback specified for those homes backing onto County Road 101 rear yard setback within this RPUD is the 25 foot R -1A standard of the Zoning Ordinance. Because of the double front nature of this lot, and the one immediately to the west, the effective rear yard setback becomes 35 feet rather than the 25 feet enjoyed by the other lots of the RPUD, with the exception of those backing onto the high volume County Road 101. PLANNING STAFF COMMENTS: 1. We find the proposal to construct the addition responds positively to the Conditional Use Permit criteria, and the Planned Unit Development Preliminary Plan /Plan Findings with respect to issues involving general public welfare; orderly development or improvement of surrounding property in uses; compliance with, and affect on the Comprehensive Plan elements; and, impacts upon the neighborhood and other sections of the Zoning Ordinance. 2. We find the proposal to amend the RPUD Conditional Use Permit consistent with the 6 specified standards of the Zoning Ordinance required to be met for approval of a Conditional Use Permit. RECOMMENDATION: I hereby recommend that option of the attached resolution providing for an amendment to the RPUD Preliminary Plan /Conditional Use Permit for the "Burl Oaks" RPUD subjecA to the usual condj tions of such approved recommendations. Submitted by: ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. rtes t. uiiierua, commun t Coordinator Resolution approving Amended RPUD Preliminary Plan /Conditional Use Permit for "Burl Oaks" Petitioners narrative Conditional Use Permit Standards PUD Criteria Location Map Site Graphics Resolution 78 -152 Resolution 78 -274 Resolution 78 -275 of the RPUD Final pl /cd/90044:11) Adopting the RPUD Preliminary Plan Approving the RPUD Final Plat Setting conditions prior to recording of the resolution Plat APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT FOR INSPIRATIONS, INC. FOR "BURL OAKS" (90044) WHEREAS, Inspirations, Inc. has requested approval of a Planned Unit Development Plan Conditional Use Permit amendment for property located at 16890 5th Avenue North to allow for reduced setbacks from 35 feet to 29 feet to the street right -of -way line of 5th Avenue North to permit an addition to the home; 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 Inspirations, Inc. for a Planned Unit Development Plan Conditional Use Permit amendment for "Burl Oaks" to allow reduced setbacks for property located at 16890 5th Avenue North, subject to the following findings and conditions: 1. No other amendments or variances are granted or implied. 2. All applicable requirements of the City and State Building Codes shall be implemented and enforced; no Code requirements are waived by this approval. 3. The granting of the permit is responsive to criteria of the Zoning Ordinance for Conditional Use Permits and PUD Plans. 4. The applicable Conditions of Resolutions 78 -152, and 78 -275, and the Development Contract for "Burl Oaks" shall be complied with. r_ - N1 VA ft f r^ _ .- $_ O_ ,0't- L 1 1QY ( Fer-rn-i+,5fa4lLda4 S, lie.( `fit' -u ?p1 Cad o cov s u 1G e a c.v l/ We eLevc awe k 4" VAI I Sa v"o a r 2is cy- Olie A ` 'f'" +kz. cwt Mcd k.se UAI C*i%,&c - 0A LAA` fkt res onfo wlM l., *c Q-dd Att CCtAXS2, a Pic +tNt- su rruw-d irrVA ov,t ; awL&Aa `ts- sib- s Nlc-c- jfot j oh -4A S'N`f, - t 7(,i --c wav ova w-tL no ovt Z - h„Q ccceyocal s wZ l o 1`t,P- C'esp e. °4 plZ i.k...;e.t(.otis f.-- - f -... c - ., w 2C r 40 ko ke • O ;r•. •.. FKX S CTICK 9, A 2. Pte. Before any Conditional Use permit may be granted, the application therefore, shall be referred to the planning Commission forPurposesofevaluationagainstthestandardsofthissection, public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its conformance with the following standards: 1) Compliance with and effect upon the cmprphensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will rot be detrimental to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the Purposes already Permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surroundingpropertyforusespermittedinthedistrict. 5) Adequate measures have been or will be taken to provide ingress, egress, and Parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. forms:o >pl /cuP.stnd /s) 10/89 PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B W-6 ica ing roximate sequence of the plan or portions thereof. i. The Planning Commission will hold a public h 4j16`FFearings on the P.U.D. Preliminary Plan, Conditional ermit, Preliminary Plat and Zoning Amendment in the mann scribed in Section 11. j. The Planning Co ion, after holding the public hearing, shall make its reco ions to the City Council for approval; approval with cond' ns; or denial of the Conditional Use Permit for a P.U.D., k. The Planning Commission shall forward to the City Council its recommendations based on and including, but not limited to the following: 1) Compatibility with the stated purposes and intent of the Planned Unit Development. 2) Relationship of the proposed plan to the neighborhood in which it is proposed to be located, to the City's Comprehensive Plan and to other provisions of the Zoning Ordinance. 3) Internal organization and adequacy circulation and parking facilities; spaces. 7% ritv Council takes action on the P.U.D., Conditional Use of various uses or densities; recreation areas and open t, Preliminary Plat an app ica 1 y ounce ma opt the P.U.D., Conditional Use Permit, Preliminary Plat, and icable Rezoning or any portion thereof, as it deems advisabl he approval shall be effective only if four - fifths (4/5) of a he members of the Council concur. If approved by the City Coun.' ', the P.U.D. Plan is attached to and is a part of the Condition se Permit. The Zoning Administrator shall then make a notatiog- n the Official Zoning Map designating the area as a R.P.U.D. or,,M.P.U.D. whether or not a zoning change is involved. A number shal - e assigned each R.P.U.D. and each M.P.U.D. in sequence through ea year (i.e., R.P.U.D. 74- 1 ... ). If the subject property is to b rezoned, the ordinance implementing the authorized zoning change 11 be adopted by the City Council but shall become effective upon p ication following Council approval of the final plat and P.U.D Ian. 1. The Final Plat aneSite Plan shall be in substantial compliance with the approved P iminary Site Plan and Plat. Substantial compliance shall mean: > 1) The umber of residential living units has not been increased. 2) a floor area of non - residential uses has not been increased. 3) Open space has not been decreased or altered to change its rioinal__int nd d esiQn or use. 9 -18 2) (63) ( 52) ton, (68) (67) (Z) (A) p 53) 17 two do. 1k 2r) 0(26) Or (ZO) 21) -.A* 1 4 AVE 13 U(31) (24) ( 2; 202) (2,1) ( 200) 5 32) 4) W) SD) (331) 2 471 It 45) (42) • : N) 1T (. X) Nk 00 39) ISM It iv 4) 2) 47) 7) 30) 37) wr 35) 29) 43) 01 ft t 32l m) tsu m) It CUM# co LArf lilt . 3 l T+tr F. Nell IS) AVE N x 977.8 C LAR z 981.2 7 974 2 190 0 -; TODD 97(a. 7X NG \ 977.0 K O by 979.3 j 976.8 K S ko 46.1 131 MH K979585 O G I.7 ''X Ex t lnly s HOUSE StiO i p 97hSx ` 979.3 F G 977-ox 3 . q cal '1j F QC1 ' 0 W C G C1 oo4-z- N N 979.1 x9 . J o Denotes Iron Monument x950 Denotes Existing Elevation 950) Denotes Proposed Elevation Direction of eDrains9 MAY 9 1990 Proposed Top of Foundation Elevation = Proposed Garage Floor Elevation = i Proposed Lowest Floor Elevation = commlii21V aVELOPMENT DEPT. I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 1, Block 2, BURL OAKS, Hennepin County, Minnesota. And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 24th day of March, 1981. Thomas S. Bergquist Land Surveyor, Minn. Reg. No. 7725 Fj-7 -90 AS -eu(LT 5uzgF-Y SATHRE- BERGGUIST, INC. 835 EAST WAYZATA BLVD. • WAYZATA, NIN. 55381 TELEPHONE 612 -076 -0848 Qrv. 4-5-16% /aooe-'D T 2e- -. VEr K SCALE EINSPIRATIONSI-, AP—E-0 PO P- INC. t CITY OF PLYMOUTH Pursuant to due call and notice thereof, a s ecial meeting of the ity Council of the City of Plymouth, Minnesota, was Field on the 27th day of March , 1978 . The following members were present: Mayor Hunt, Councilmembers Hoyt, Neils and S aaeet h he fTolTowing members were a sent: ounci"Tmember Seibold Councilmember Neils introduced the following Resolution and moved is adoption: RESOLUTION NO. 78 -152 APPROVING CONDITIONAL USE PERMIT FOR RPUD 78 -1 CONCEPT PLAN AND PRELIMINARY PI.AT /PLAN OF BURL OAKS FOR LUNDGREN BROS. CONSTRUCTION, INC. (A -792) WHEREAS, Lundgren Bros. Construction, Inc. has requested a conditional use permit for RPUD 78 -1 and Concept Plan and Preliminary Plat /Plan approval% for Burl Oaks, located at the southeast corner of Highway 101 and 6th Avenue North (extended) per plans staff -dated March 9, 1978, and WHEREAS, the Planning Commission has reviewed said plans and recommended 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 of Lundgren tiros. Construction, Inc. for a conditional use permit for RPI)D 7£3 -1 and Concept Plan and Preliminary Plat /Plan appovals for Burl Oaks,• located at the southeast corner of Highway 101 and 6th Avenue North (extended) per plans staff -dated March 9, 197£3 subject to the following condtions: 1. Storm grater drainage study be conducted of the site and reviewed by the City Engineer with particular attention to the north portion of the property. 2. Private drive access to Highway 101 be prohibited. 3. All diseased trees he removed from the iste at owner's expense. 4. Completion of the_Environmental Assessment Worksheet process. 5. Structure setbacks along Highway 101 be 50 ft.,; structure setbacks on the internal streets of the project shall be 35 ft. for front yard and 10 ft. for side yard. 6. Compliance with the provisions of the City Engineer's memorandum. 7. Park dedication shall consist of Outlots A, B and C. 8. The area labelled "park" shall be relabelled "Outlot. D" for purposes of identification only. 9. All lots on the northern periphery of the project shall be a minimum of 15,500 sq. ft. Resolution N 78 -152 Page 2 10. There shall be a 9th Avenue North access for temporary purposes located to the east of the project. The period of time for use shall be specified in the development contract with the termination date of approximately Sept., 1979. 11. Lot 29, Block 1 be granted a variance for 25 ft. front yard setback to preserve the pond on the north portion of the lot. 12. Rear setback on Lots 24 -27, Block 1 shall be a minimum of 100 ft. 13. The balance of park dedication requirements shall be determined at the time of final plat and development contract approval. motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Hoyt , and upon vote beingg taken thereon, the following vote in favor t ereo . Mayor Hunt, Councilmembers Hoyt and Neils. The following abstained: ounce mem er Spaeth Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 9 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota was held on tt 15th day of May , 19 78 . The following members were present: Mayor Hunt, Councilmemters_Hoyt, Neils, 5eibold and Spaeth The following members were absent: None Councilmember Seibold introduced the following Resolution and moved its adoption: RESOLUTION #78-274 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR BURL OAKS FOR LUNDGREN BROS. CONSTRUCTION, INC. (A -792) WHEREAS, Lundgren Bros. Construction, Inc. has requested approval of the final plat for Burl Oaks, a plat for single family residential development consisting of 21 lots, located in the southeast quadrant of Highway 101 and 6th Avenue North and a development contract therefor; arid, WHEREAS, the Plymouth Planning Commission has reviewed said request and recommended approval; and, WHEREAS, the City Staff has prepared a development contract covering the improvements related to said plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does, approve the request of Lundgren Bros. Construction, Inc. for final plat approval of Burl Oaks, a plat for single family residential development consisting of 21 lots, located in the southeast quadrant of Highway 101 and 6th Avenue North. FURTHER, that the development contract for said plat be approved and that the Mayor and City Manager be authorized to execute the development contract on behalf of the City. The motion for the adoption of the foregoing Resolution was duly seconded by Cou , and upon vote being taken thereon, the following voted In favor t ereo : Mayor Hunt, Councilmemherc Hnyt; Nailt and Seibold The following a s a ne . Whereupon the Resolution was declared duly passed and adopted, 0 CITY OF PLY110UTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, M nnesota was hel d on the } 15th day of M2 , 19Z1L. The following members were present: M4yor Hunt. The following members were absent: None er Neils introduced the following Resolution and moved its adoption: RESOLUTION M78 -275 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF FINAL PLAT FOR BURL OAKS FOR LUNDGREN BROS. CONSTRUCTION, INC. (A -792) WHEREAS, the City Council has approved the final plat and development contract for Burl Oaks as requested by Lundgren Bros. Construction, Inc.; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does, direct the following prior to recording of said plat: 1. Compliance with the provisions of the City Engineer's memorandum. 2. The resolution approving the final plat and development contract shall not be considered effective until the date of the completion of the Environmental Quality Board review process. 3. Development contract shall provide for park dedication fees to be computed at the rate in effect at the time of development contract execution. The motion for the adoption of the foregoing Resolution was duly seconded by Councilm-embgr , and upon vote being taken thereon, the following vote n favor t e Mavnr Hunt PnunrilmembersHQYL NPi1s Sand Seibold --- -' The fol1owing YARxAjjkRxWX -af anei Whereupon the Resolution was declared duly passed and adopted. sF MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 8, 1990 TO: Planning Commission FROM: Blair Tremere ' SUBJECT: AMENDMENT OF COMPREHENSIVE PLAN WATER SYSTEM ELEMENT BACKGROUND: A Public Hearing has been scheduled for June 13, 1990 pursuant to the State Law and the Metropolitan Land Planning Act. The Water System Element was not included in the review and hearings last fall because the Water System is not one of the Metropolitan Systems (such as sanitary sewer and transportation). The City's consultant, Bonestroo and Associates prepared the existing Water System Element approximately 10 years ago and also prepared this amendment. A representative of the consultant and the Director of Public Works will be present at the meeting to answer questions. Notice of the Public Hearing has been published in the legal newspaper and in the Plymouth Post. PRIMARY ISSUES AND ANALYSIS: The plan will be submitted to the Metropolitan Council for review as an amendment to the City's Comprehensive Plan. This is another key element in our overall effort to update the Comprehensive Plan. The new plan contemplates changes in the City's well system and in new facilities such as the above ground reservoir near Highway 101 and Highway 55. We have been coordinating the data with regard to growth population with the other elements and with information we have received from the Metropolitan Council. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the Commission conduct the required Public Hearing, and refer the matter to the City Council with a recommendation for approval. Attachment pl /bt /water:jw) I SG Y11- • CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 8, 1990 TO: Planning Commission r FROM: Blair Tremere, Community Development Directorl SUBJECT: STATUS OF AMENDMENTS TO ZONING ORDINANCE V The items listed under 5.G. on the agenda for the June 13, 1990 meeting are in process and will either be delivered on Monday, June 11, 1990 or will be postponed to a subsequent meeting such as the June 26, 1990 meeting. Those items that are not ready for formal hearing at the June 13, 1990 can be continued by virtue of an announcement at the June 13, 1990 meeting. The status of the six items is: 1. The Flood Plain regulations are being drafted in response to a mandate from the State of Minnesota and the Federal government for cities which desire to have Federal Flood Insurance. We have used the services of Barton - Aschman Associates to help us draft regulations that are both responsive to the mandate and to the needs of the Plymouth Zoning Ordinance. These will not be available for formal hearing at the June 13, 1990 meeting; that hearing should be continued until June 26, 1990. The main reason for this is that we will review in detail the proposed amendments with the Department of Natural Resources so that any questions or problems can be identified before the hearing. 2. The amendment regarding Residential Facilities focuses on the Union City Mission and Hazeldon Campus which was rendered a nonconforming use last year by virtue of changes to the Zoning Ordinance regarding the broad spectrum of care facilities. We have been in consultation with the City Attorney and as with the adult correctional facility, we will prepare language that will lift the nonconforming status from that particular facility. 3. Ordinance amendments regarding Shoreland Private Recreational Facilities is in response to direction from the City Council. Page Two 4. An amendment to clarify the Planned Unit Development attribute with respect to open space is in response to a long- standing Planning Commission and City Council directive. It focuses on the desirability of passive open space as well as active open space. 5. An amendment regarding private streets is in response to a City Council directive to make the necessary amendments in the City Code and City Ordinance to delete provisions for private streets. 6. Amendments regarding Temporary Real Estate and Other Signs may not be fully ready for formal hearing on June 13, 1990; the direction however from the City Council is to at least identify those areas in the Ordinance that could be amended and /or repealed to address some of the persistent problems regarding this class of signs. pc /bt /zo.amend:jw) 6-A. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 6, 1990 COMMISSION MEETING DATE: June 13, 1990 FILE NO.: 90032 PETITIONER: Meyer /Gonyea Land Development Company REQUEST: DIVISION /CONSOLIDATION OF PLATTED PROPERTY AND AMENDED GENERAL DEVELOPMENT PLAN LOCATION: South Side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive GUIDE PLAN CLASS: CL (Limited Business) ZONING: B -1 (Office Limited Business) BACKGROUND: In June 1981 the City Council, by resolution 81 -371 approved a Preliminary Plat and General Development Plan together with rezoning for the site of 15 acres. The General Development plan specified five lots. In July 1982 the City Council adopted Resolution 82 -348 and 82 -349 providing for approval of the final plat for the "Meyer /Gonyea Addition" and setting conditions prior to recording of that final plat. Proposed is an amendment to the General Development Plan for the "Meyer /Gonyea Addition" together with a division /consolidation of platted property to modify the property lines of 3 of the lots of the "Meyer /Gonyea Addition ", as previously approved. PRIMARY ISSUES AND ANALYSIS: 1. Section 500.37 of the City Code (Subdivision Ordinance) specifies that the City Council may approve the division and /or consolidation of Lots of Record (those that have been previously platted). The City Code provides that such applications are to be directed by the Building Inspector to the City Council for City Council consideration. 2. The applicant proposes an adjustment to the property lines of lots of record that are part of the "Meyer /Gonyea Addition ". The adjustments are proposed as follows: a. Movement of the property line separating Lots 1 and 2 (on the north), and Lots 1 and 3 (on the south) 44 feet westerly. Page 2 File 90032 b. Movement of the property line separating Lots 2 and 3, 100 feet northerly. 2. The zoning and the plat for this development was approved subject to a General Development Plan wherein the developer provided the city with a basic site layout plan for the entire subdivision. Responsive to the application for a division /consolidation that would modify the location of the property lines within the subdivision, the developer has submitted an Amended General Development Plan covering the three parcels of the subdivision that are impacted by the modified property lines. Lots 4 and 5 of the "Meyer /Gonyea Addition" are unaffected by the proposed lot division /consolidation. Lot 4 was developed in 1986 with a medical office building and Lot 5 remains vacant and subject to the approved General Development Plan showing a "personal service" building of 6300 square feet. 3. The applicant proposes modifications to the Approved General Development Plan as follow: a. Substitution of a post office structure of 33,650 square feet for a four story office building of 76,000 square feet as the use on reconfigured Lot 2. b. Reduction of the total square office building on reconfigured 75,300 square feet. footage of the proposed four story Lot 1 from 83,000 square feet to The restaurant of 250 seats previously proposed for reconfigured lot three is not changed except for an increase in the size of lot three of approximately 37,000 square feet. PLANNING STAFF COMMENTS: 1. The proposed division /consolidation of platted property responds to the requirements for such applications found in Section 500.37 of the City Code (Subdivision Ordinance.) The resulting lots remain of a sufficient area and dimensions to qualify as legal lots in the B -1 zoning district. Minimum lot area of one acre; minimum lot depth of 150 feet; minimum lot width of 150 feet; and maximum building height of four stories.) Page 3 File 90032 2. The amended General Development Plan proposes site affected lots of the "Meyer /Gonyea Addition" that with the previously approved General Development existing Lot 3) or with that are permitted, and of the B -1 zoning district. The amended General responsive to Zoning Ordinance standards. design for the three is either consistent Plan (with respect to the scale allowed in Development Plan is RECOMMENDATION: I hereby recommend adoption of the attached resolutions providing for the division and consolidation of platted property; the conditions to be met prior to recording of the Division /Consolidation Resolution; and amending the General Development Plan for the "Meyer /Gonyea Addition ". Submitted by: 9 ' Charles E. Dil e ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. y nator Resolution approving the Consolidation /Division of Platted Property Resolution setting conditions prior to recording of the Consolidation /Division Resolution Resolution amending the General Development plan for the "Meyer /Gonyea Addition" Engineers Memo Section 500.37 of the City Code Petitioner's Narrative Resolution 81 -371 approving General Development Plan for Location Map Approved General Development Large Plans pl /cd/90032:11) the Preliminary Plat and the "Meyer /Gonyea Addition" Plan APPROVING LOT DIVISION /CONSOLIDATION AND AMENDED GENERAL DEVELOPMENT PLAN FOR MEYER / GONYEA LAND DEVELOPMENT COMPANY (90032) WHEREAS, Meyer / Gonyea Land Development Company has requested approval for a lot division /consolidation and Amended General Development Plan for the modification of property lines located at the South Side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division /consolidation and amended General Development Plan for property located at the South Side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; EXISTING LEGAL DESCRIPTIONS Lot 1, Block 1, Meyer Gonyea Addition Lot 2, Block 1, Meyer Gonyea Addition Lot 3, Block 1, Meyer Gonyea Addition To be divided and consolidated as follows: PARCEL A The north 494.72 feet of the east 44.00 feet of Lot 1, Block 1 and the north 494.72 feet of Lot 2, Block 1, MEYER GONYEA ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. PARCEL B That part of Lots 1 and 3, Block 1, MEYER GONYEA ADDITION lying west of a line drawn parallel with and distant 44.00 feet west of the west line of Lot 2, said Block 1 and its southerly extension and lying north of the north line of Lot 5 said Block 1 and its easterly extension, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. PARCEL C That part of Lot 2 and the west 44.00 feet of Lot 1 lying south of the north 494.72 feet thereof and Lot 3 except that part thereof lying westerly of a line drawn parallel with and distant 44.00 feet west of the west line of said Lot 2 and its southerly extension and lying north of the easterly extension of the north line of Lot 5. All in Block 1, MEYER GONYEA ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division /consolidation is approved by Hennepin County. r. SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION /CONSOLIDATION FOR MEYER /GONYEA LAND DEVELOPMENT COMPANY (90032) WHEREAS, the City Council has approved a Lot Division /Consolidation for Meyer /Gonyea Land Development Company amending property lines of lots 1, 2 and 3 located at the south side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division /consolidation: 1. Compliance with the City Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 4. Payment of park dedication fees -in -lieu of dedication prior to issuance of building permit in accordance with City Policy in effect at the time of building permit issuance. 5. No building permit is to be issued until the resolution approving the division /consolidation is filed with Hennepin County. 6. Submittal of all necessary utility easements and relocation of easements as required by the City Engineer prior to filing of the division /consolidation with Hennepin County. APPROVING AMENDED DEVELOPMENT PLAN FOR MEYER /GONYEA LAND DEVELOPMENT COMPANY 90032) WHEREAS, Meyer /Gonyea Land Development Company has requested approval for an Amended General Development Plan for lots 1, 2 and 3, Meyer /Gonyea Addition located at the south side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request by Meyer /Gonyea Land Development Company for an Amended General Development Plan for property located at the south side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; I. 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 issuance of guilding permits. 3. Compliance with Policy Resolution 19 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. r City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: June 6, 1990 FILE NO.: 90032 PETITIONER: Michael J. Gair, McCombs - Frank -Roos Associates, Inc., 15050 -23rd Avenue North, Plymouth, MN 55447 LOT DIVISION /CONSOLIDATION:LOTS 1, 2, AND 3, BLOCK 1 MEYER GONYEA ADDITION LOCATION: South of 45th Avenue, west of Highway 169, east of Nathan Lane in the northeastern 1/4 of Section 13. 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. SAC and REC charges will be payable at the time building permits are issued. 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 Lot Division /Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: None. 6. _ _ _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.) 6 foot drainage and utility easements will be required along the new property lines. N/A Yes No 7. 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 Drainage Plan. 8. _ _ X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: A minimum basement elevation for Parcel B shall be 902.0 and 897.0 for Parcel C. 9. X _ All standard utility easements required for construction 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. 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. Existin¢ drainage and utility easement over the south portion of the original Lot 2 and the north portion of the original Lot 3 cannot be vacated because of a U.S. West Telephone cable. This cable would have to be relocated with the permission of U.S. West with a new easement provided in order to vacate this easement. 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. 12. _ X _ All existing street rights -of -way are required width - Additional right -of -way will be required on 13. A. When Parcel A and B are developed, the drainage will have to be to the south since there is no storm sewer to the north to handle the drainage. 2 w B. A drainage and utility easement will be required over Parcel C for the required storm sewer from Parcel A. C. The general development plan shows encroachment of parking lots from Parcel B and C into Pond NB -P5. This pond was constructed to store the required amount of storm water. No filling will be permitted below an elevation of 895.0. D. County Road 18 shall be changed to State Highway 169. Submitted by: Daniel L. Faulkner, P. E. City Engineer 3 City Code 500.35 may ele to construct the improvements required by this Subsection at his own expense a without City participation in the expense thereof. In such event, the owner subdivider may retain an engineer and contractor to plan, design and install ch services, subject to review and inspection by the City Engineer. The estimated ost of the improvements, including the administrative charges of the City Engine for supervision and inspection, shall be included in the owner or subdivider's c tract with the City, pursuant to Subsection 500.35, and the appropriate securi in the form of cash or bond shall be deposited with the City as required by t Subsection. 500.35. Subdivision Cont t. In order to effectuate the provisions of 500.25 to 500.31, the owner or sub d 'der shall enter into a subdivision contract with the City providing for the inst ation of the improvements required by those Subsections. The subdivision contr hall provide for, among other things, security to the City in the form of a su of, in such amount as the City Engineer shall deem to be adequate to insure the atis im rovements. The subdivision be satisfactory in form and substance to the City Attorney. 00.37. Division or Consolidation of Platted Lots. Subdivision 1. General stu e. The division and consolidation of lots which are part of a recorded plat d tracts which are part of a recorded Registered Land Survey is subject to t provisions of this Subsection. Subd. 2. Filing; Survey. The owner of lots, or tracts, to be so divided or consolidated shall file an application for such division or consolidation with the Building Inspector together with a proposed survey plat or registered land survey of the lots or tracts to be divided or consolidated, showing the dimensions of the lots or tracts as measured upon the recorded plat or survey, and the proposed division or consolidation thereof. A written description of the separately described lots or tracts resulting from the proposed division or consolidation shall be filed with such plat or survey. The plat or survey shall also show the location of all buildings then existing and all proposed structures to be built upon the lots or tracts to be divided or consolidated. Subd. 3. Inspection; Fee. Upon receipt by the Building Inspector of the application required by Subdivision 2, and upon the payment by the applicant of the fee set by Chapter X, the Building Inspector shall make a physical inspec- tion of the lot or lots proposed to be divided or consolidated. Subd. 4. Council Action. Following the inspection of the lot or lots to be divided or consolidated, the Building Inspector shall cause the application to be placed upon the agenda of the City Council for the next regular meeting of the Council following such inspection. The Building Inspector shall transmit to the City Council the application and all materials related thereto with his recommendation with respect to the application. Subd. 5. Building Permits. No building permit shall be issued for the construction of a structure on lots or tracts divided or consolidated contrary to the provisions of this Subsection. I, 4; r 0o3Z McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone Engineers 612/476 -6010 Planners 612/476 -8532 FAX Surveyors April 19, 1990 Mr. Chuck Dillerud City Planner City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 SUBJECT: Lot Division Meyer Gonyea Addition Lots 1, 2, and 3. Block 1 MFRA #9347 Dear Mr. Dillerud: Transmitted with this letter are five plan sheets titled and described as follows: 1. Lot Consolidation for the City of Plymouth is a current certified survey showing existing conditions and structures, dated April 17, 1990. 2. A boundary and topographic survey for the proposed Medicine Lake Branch Post Office dated March 19, 1990. This exhibit provides specific detailed information concerning the proposed lot on which the U.S. Post Office would like to construct a new facility. 3. U.S. Post Office Preliminary Site Plan, dated April 2, 1990. 4. Drainage Plan illustrating existing surface drainage patterns dated April 17, 1990. 5. Lot Division Plan providing legal descriptions, proposed easements and those to be vacated, associated with the creation of Parcel A. which is intended to ultimately accommodate the proposed U.S. Post Office. This application has been forwarded to the City at the request of the fee owners, Mr. Henry Meyer and Mr. Dennis Gonyea. Their intent is to redelineate the boundaries of Lots 1, 2, and 3, Block 1 of the original Meyer Gonyea Addition, which was approved by the City in mid -1981. I have enclosed for your reference, a copy of the original planning documents, which accompanied the application in 1981 for the subdivision of this property. Our purpose for pursuing a lot division versus a plat subdivision is based simply on the fact that no major land alteration is contemplated that differs substantially from that originally intended in 1981. An Equal Opportunity Employer Mr. Chuck Dillerud April 19, 1990 Page Two The reason for the request to change lot boundaries is that the proposed use requires additional lot width and less lot depth. The net result is that proposed Parcel A, formally Lot 2 of the original subdivision, is approximately 44' wider as measured along its east -west dimension and approximately 97' shallower as measured along its north -south dimension. The result of this parcel boundary change is that proposed Parcel B is 44' narrower and the depth remains unchanged. Proposed Parcel C, formally Lot 3 of the existing plat, has been enlarged primarily by adding approximately 97' to its north boundary. I have indicated in the above statement that no significant deviation from the 1981 preliminary drainage plan is contemplated as a result of this requested action on resultant development. Parcel A, formally Lot 2, was originally conceived as a 70,000+ gross square foot office building, and should the plans as presently contemplated proceed to fruition a U.S. Post Office of approximately 19,000 square feet will occupy the site with an additional 15,000 square foot enclosed carrier vehicle parking facility. This would be a single story structure as opposed to the previously contemplated 4 -story office building. Exhibit A (an attached 11 x 17 map) locates the subject property within the context of the Hennepin County half section map. In addition to the above exhibits, a signed application and filing fee in the amount of $60.00 are attached. I realize, based on the LOT DIVISION and /or CONSOLIDATION CHECKLIST that we have supplied additional information concerning the future contemplated use of this property and realize that it has little relevance to the request, however, I felt that it has some value in terms of illustrating how proposed Parcel A will be built on should this matter be successfully concluded. As I understand, the end user is anxious to proceed with site plan review; however, Dennis Gonyea and Henry Meyer have been asked to proceed with the division of the property first. I appreciate your accepting this application and look forward to a satisfactory conclusion to this request. Kindest regards, McC BS NK R ASSOCIATES, INC. I l , Michael J. Ga r MG:aju Enclosures cc: Dennis Gonyea Steven Meyer y 1. 4 PL Aarimt to due call and notice thereof, a eg meeting of the City Oxmil of the City of Plymouth, Iinesota, was held on the 15th day of June , 19,L. Mw followingt members were present: Mayor Davenaort,_,_ rnutnoi lmemko" unvt _ 4trhn&4Aavb IInA th"inan NA eN Councilmember Hoyt introduced the following Resolution and moved Its tion: RESOLUTION NO. 81 -371 APPROVING PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN AND REGARDING RE- ZONING FOR DENNIS GONYEA AND HENRY MEYER FOR "MEYER - GONYEA ADDITION" LOCATED IN THE NORTHWEST QUADRANT OF THE INTERSECTION OF COUNTY ROADS 9 AND 18 (81023) AAA WHEREAS, Dennis Gonyea and Henry Meyer have re uested approval of rezoning of approximately 14.98 acres of land from FRD future restricted development) District to B -I (office limited business) District, and of a preliminary Mat and general development plan for 5 commercial lots in the northwest quadrant of the intersection of County Road 9 and 18; and, WHEREAS, the Planning Commission has considered the request following a duly called puulic hearing and has recommended 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 preliminary plat and general development plan for 5 commercial lots located northwest of County Roads 9 and 18 intersection subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No development,on any of the sites until municipal sewer and water are physically available to the sites. 4. Rezoning shall be finalized with filing of the final plat. 5. Payment of Lark dedication fees -in -liew of dedication with site development in accordance with Dedication Policy in effect at the time of building permit issuance. 6. Compliance with City Council Policy Resolution No. 79 -80 regarding minimum floor elevations for new structures in subdivisions or on sites adjacent to or containing any open storm water drainage facility. 7. Individual conditionaV'use pemits will be evaluated an their merits at the time of site plan approval. 8. This approval does " nof'Con'stitute approval of access onto the south service*road-,-,such sccess shall W determined at the time of site plan approval. 9. Petitioner shall provide evidence of bona fide effort to include the exception parcel with this plat. by 00tim ft-- the &—dapt1on of the fOrc''Ing Resolution was duly secondedeiderpAndU wt eider thefolnPMVOte'being taken therthereoff.- maYor"Davenport, Councilmembeler'rrsOY%, M e,,a-lder al3ff lbreing" U10 1014 9 VO. C a or abstaLWO none the RGSOIUUM was declares oozy PaSsedand "ted. Af' wv!Q_ 00 7122 gmm% ...1.»w MMML wmftwum 7vVw_w_--! so low" 0 3010F-741k % j I \ \ me • 04 i A ep M.0 v c- ul eg AOT;k r= f- A: .7-41 ago;' EPSVR le-4 - ppo NpWA2~ - b-t addW, N At gmm% ...1.»w MMML wmftwum 7vVw_w_--! so low" 0 3010F-741k % j I \ \ me • 04 i A ep M.0 v c- ul eg AOT;k r= f- A: .7-41 ago;' EPSVR le-4 - ppo NpWA2~ - b-t addW, N CD 21. Uzi 0 E-i) W- A i Biy, LVId '91 ONI KMM A'%3Wi) L vi 0. I CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 5, 1990 COMMISSION MEETING DATE: June 13, 1990 FILE NO.: 90033 PETITIONER: Van Eeckhout Builders a REQUEST: DIVISION OF PLATTED PROPERTY AND ZONING ORDINANCE VARIANCES LOCATION: 255 AND 257 Berkshire Lane GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential) ZONING: R -2 (Low Density Multiple Residence) BACKGROUND: The City Council approved the preliminary plat for what was then called the Carlson Center Annex covering this site under Resolution 81 -259. The City Council subsequently approved the Final Plat under Resolution 85 -63. Proposed is the division of a 19,000 square foot parcel containing an existing duplex structure into parcels of 9,429 square feet and 9,871 square feet with the proposed property line between the two parcels to be created as the party wall between the two duplex units. The Zoning Ordinance variance is for lot width at front setback for "Tract B ". The zoning ordinance provides a standard of 50 feet, and the applicant proposes 48 feet. Property owners within 100 feet have been notified of the Planning Commission meeting at which this is to be considered. PRIMARY ISSUES AND ANALYSIS: 1. This lot is identified by the Physical Constraints Analysis to be located within the Minnehaha Creek Watershed District; not located within a Shoreland Management Area or containing wetlands necessary for protection as a result of State or Federal designation; contains storm water drainage protected by an existing drainage and utility easement to the City of Plymouth; exhibits no major woodlands or severe slopes; and the soils of the site in the area in which the duplex is constructed are suitable for urban development with public sewers. 2. A duplex has been constructed on a lot of 19,000 square feet. Petitioner has requested the division of the lot to enable the sale of each half of the duplex unit. A similar request was approved by the city in 1989 involving a duplex unit east of this site in the same block. Page Two File 90033 3. Review of the records of the building division reveals that a building permit was issued June 28, 1989 specifying 35 feet as a minimum front yard set back with the structure. The survey supplied with this application reveals that the structure was built to within 30.2 feet of the front property line. 4. The petitioner has submitted a letter dated May 11, 1990 in which he addresses the reasons for the requested lot division and variance. PLANNING STAFF COMMENTS: 1. The division of private property proposed responds to the Subdivision Ordinance standards for such actions. 2. The variance for lot width of "Tract B" appears to be the result of placement of the structure rather than insufficient total parcel width. At least 100 feet of total parcel width exists with approximately 48 feet east of the party wall and 52 feet west of the party wall. We find this to be a unique circumstance that complies with Variance Criteria of the Zoning Ordinance. 3. The applicant has been advised to apply for a variance to resolve the conflict between the "as built" front setback of 30.2 feet and the Zoning Ordinance standard of 35 feet. This issue is properly handled by the Board of Zoning Adjustments and Appeals. RECOMMENDATION: 1. Approval of the variance to permit lot width of "Tract B" of 48 feet versus the ordinance standard of 50 feet for the duplex structure based on existing conditions responsive to the issuance of a building permit. 2. Approval of the proposed lot division to create two separate parcels from the single duplex parcel that now exists. Submitted by: U'r, dAzi4 . C. Chars E. Dillerud, Community Dev ATTACHMENTS: 1. Resolution Approving Lot Division 2. Resolution Approving Variance and Setting Conditions 3. Applicant's Letter of May 11, 1990 4. Engineer's Memo 5. Location Map 6. Site Graphics 7. Variance Standards 8. Letter from Building Official Joe Ryan dated June 7, 1990 pl /cd/90033:11) nator APPROVING LOT DIVISION AND- ZONING ORDINANCE VARIANCES FOR VAN EECKHOUT BUILDERS (90033) WHEREAS, Van Eeckhout Builders Zoning Ordinance Variances for 255 and 257 Berkshire Lane; NOW, THEREFORE, BE IT HEREBY PLYMOUTH, MINNESOTA, that it sl and Zoning Ordinance Variances at 255 and 257 Berkshire Lane; EXISTING LEGAL DESCRIPTION has requested approval for a lot division and the modification of property lines located at RESOLVED BY THE CITY COUNCIL OF THE CITY OF could and hereby does approve the lot division for Van Eeckhout Builders for property located Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. To be divided and consolidated as follows: PARCEL A That part of Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota which lies westerly and northerly of the following described line: Commencing at the northwest corner of said Lot 7; thence on an assumed bearing of South to the point of beginning of the line to be described; thence South 37 degrees 30 minutes 30 seconds West a distance of 56.60 feet; thence North 52 degrees 29 minutes 30 seconds West a distance of 2.00 feet; thence South 37 degrees 30 minutes 30 seconds West a distance of 128.40 feet to the south line of said Lot 7 and said line there terminating. PARCEL B That part of Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota which lies easterly and southerly of the following described line: Commencing at the northwest corner of said Lot 7; thence on an assumed bearing of South to the point of beginning of the line to be described; thence South 37 degrees 30 minutes 30 seconds West a distance of 56.60 feet; thence North 52 degrees 29 minutes 30 seconds West a distance of 2.00 feet; thence South 37 degrees 30 minutes 30 seconds West a distance of 128.40 feet to the south line of said Lot 7 and said line there terminating. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division /consolidation is approved by Hennepin County. SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION FOR VAN EECKHOUT BUILDERS (90033) ` WHEREAS, the City Council has approved a Lot Division for Van Eeckhout Builders located at 255 and 257 Berkshire Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division /consolidation: 1. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 2. A variance from the Zoning Ordinance is approved for lot width at the front setback of "Tract B" of 48 feet versus the Ordinance standard of 50 feet based on compliance with the variance standards of the Zoning Ordinance. No other variances are approved or implied. L)AII EECKH0Uwjw goo33 BUILDING CORPORATION 1935 Wayzata Boulevard • Suite 165 • Long Lake, MN 55356 • (612) 473 -1578 May 11, 1990 D HEWN MAY 14 1990 Mr. Charles E. Dillerud Community Development Coordinator CIS `t OF P'LY MOUTH City of Plymouth COMMUNITY DEVELOPMENT DEPT. 3400 Plymouth Blvd. Plymouth, MN 55447 Re: Lo;. Di vis ion, and Variance request Lot 7, Block 1., Carlson Center Sixth Addition Dear Mr. Dillerud= When we started building "Twin Homes" in June of 1989 on this property and obtained the permit to build we understood that our set backs were "proper" and if someone wanted to purchase the entire Twin Home, no further Action was needed. If the buyer wished to purchase only one -half of the Twin Home, we would survey the lot and building as placed on that lot and then ask for a lot division with the City. The criteria for obtaining a zoning ordinance change, in my view, is well documented as we cannot issue, now, a clear and marketable title to our buyers who will find it virtually impossible to obtain a mortgage. This parcel of land is unique as it was planned for two - family dwellings. The variation would not raise or lower the value bf'the property$ but would enable the builder to market the property.- The new tax laws on rental property has made it very - difficult -to market a Twin Home to an investor. A. eel that if a committee would visit t e site, they would readily agree that a home like this.is an asset to the community, is not a detriment to the public and certainly will not impair property values in the neighborhood. Please find enclosed a check for $90.00 for the variance fee for lot 7, block 1, Carlson Center, 6th Addition. Sincerely, VAN EECKHOUT BUILDING CORPOATION Gene Bangaster EB /s j c City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: June 6, 1990 FILE NO.: 90033 PETITIONER: Mr. Eugene C. Bangasser, Van Eeckhout Building Corporation, 1935 West Wayzata Boulevard, Long Lake, MN 55356 LOT DIVISION /CONSOLIDATION: LOT 7, BLOCK 1, CARLSON CENTER 6TH ADDITION LOCATION: South of Berkshire Lane in the southwest 1/4 of Section 34. 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. 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 Lot Division /Consolidation approval: 4. Area assessments: None 5. Other additional assessments estimated: Non 6. _ _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.) N/A Yes No 7. 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 Drainage Plan. 8. X _ _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: The home is existing. 9. _ X _ All standard utility easements required for construction 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. 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. 7 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. 12. _ X All existing street rights -of -way are required width - Additional right -of -way will be required on 13. A. This division is for dividing a double existing home along the common wall line. Drainage and utility easements therefore are not required. Submitted by: Daniel L. Faulkner, P. E. City Engineer 2 ELEMENTARY sc HOOL mill er"ared tor: vAS gVeopw DUAL-D3NG CORPORATION 9a'33 EXISTING LEGAL DESCRIPTION: // ` ? ` `SSA/ '/`/ ,•h Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Area . 19,00 square feet PROPOSED PARCEL AREAS: Piro"ed Tract A . 9429 square feet Proposed Tract B - 9871 square feet NOf 0 ,• »1 sf, 41` ' C0.40 ae / T AT y a TRACT 1B i \ Etr} F ' 4;4- S 4 l _ '•o j i • AS BUILT ELEVATIONNS: S Top of foundation - 1000.0 9ft y Basement floor elev. . 992.3 PROPOSED TRACT A: That part of Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota which lies westerly and northerly of the following described line: Commencing at the northwest corner of said Lot 7; thence on an assumed bearing of South 52 degrees 19 minutes 43 seconds East along the north line of said Lot 7 a distance of 52.09 feet to the point of beginning of the line to be described; thence South 37 degrees 30 minutes 30 seconds West a distance of 56.60 feet; thence North S2 degrees 29 minutes 30 seconds West a distance of 2.00 feet; thence South 37 degrees 30 minutes 30 seconds west a distance of 128.40 feet to the south line of said Lot 7 and said line there terminating. PROPOSED TRACT B• That part of Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota which lies easterly and southerly of the following described line: Commencing at the northwest corner of said Lot 7; thence on an assumed bearing of South 52 degrees 19 minutes 43 seconds East along the north line of said Lot 7 a distance of 52.09 feet to the point of beginning of the line to be described; thence South 37 degrees 30 minutes 30 seconds West a distance of 56.60 feet;thence North 52 degrees 29 minutes 30 seconds West a distance of 2.00 feet; thence South 37 degrees 30 minutes 30 seconds West a distance of 128.40 feet to the south line of said Lot 7 and said line there terminating, GENERAL NOTES: o Denotes iron monument Proposed top of foundation elev. x Denotes cross chiseled in concrete Proposed basement floor elev. 1931.3 Denotes existing spot elevation Proposed garage ffllooreelev 7 Denotes proposed spot elevation Denotes surface drainage BENCHMARK. UUUUUUUtttt V Dashed contour lines denote proposed features APR U Solid contour lines denote existing features CITY OF PLYMOUTH COMMUNITY KYUOPMW K"- I hereby certify that this survey, plan or report was FEN40. ALL-METRO LAND prepared by me or under my direct supervision and that I as a duly Registered Land Surveyor under the laws ofSURVEYORStheStateofMinnesota. 2340 Daniels Street; • / /o d y Long Lake, Minnesota 55356 Ph: 473-1433 DATE 8161183 REG. NUMBER 1`1025 89091 I. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel of land. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. forms:o >pl /zon.stnd /s) 10/89 CITY OF June 7, 1990 PLYMOUTH+ Mr. Chuck Van Eeckhout Van Eeckhout Building Corporation 1935 Wayzata Boulevard Long Lake, MN 55356 RE: 255/257 BERKSHIRE LANE NORTH Dear Mr. Van Eeckhout: Upon review of the application materials you submitted to our office for a proposed lot division of the above referenced property, I discovered that the front yard setback distance referenced on the survey to the existing dwelling units is less than the required minimum front yard setback distance approved by the City Council for.the Carlson Center 6th Addition which is 35'0 ". Since the construction of the dwelling units does not conform to the minimum front yard setbacks established by the Zoning Ordinance, you will be required to submit formal application materials for a requested Variance to the Board of Zoning Adjustments and Appeals, as a separate action from your application for a proposed lot division. I have enclosed a packet of information which describes the variance process, including the required application form. Your letter explaining the reason for the Variance should explain why the dwellings were constructed less than the required minimum front yard setback of 35'0" as indicated on the building permit issued to you on June 30, 1989. Please contact me at 550 -5031 should you have any questions regarding this matter. Sincerely, vlOCI, Joe Rya Building Official cc: Community Development Coordinator Chuck Dillerud File jr /vaneeckhout:tw) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550 -5000 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: June 6, 1990 COMMISSION MEETING DATE: June 13, 1990 FILE NO.: 90045 PETITIONER: Goff Homes REQUEST: SITE PLAN AMENDMENT AND VARIANCE FOR "FERNBROOK MANOR" LOCATION: East of Fernbrook Lane at 44th Place North GUIDE PLAN CLASS: LA -3 (High Medium Density Residential) ZONING: R -3 (Medium Density Multiple Residence) BACKGROUND: A Site Plan and Conditional Use Permit were approved for Goff Homes to construct a 102 unit project made up of 17 six -plex buildings by Resolution 88 -385 on July 11, 1988. Proposed is an amendment to the approved Site Plan deleting the use of B -612 concrete curb and gutter on all internal drives and parking areas within the project. PRIMARY ISSUES AND ANALYSIS: 1. Section 10 Subdivision B Paragraph 5(g)(1) provides that parking areas and access drives in R -3 zoning districts shall have curbing and proper surface drainage as required by the City Engineering Department. Resolution 79 -73 establishes curbing and drainage requirements for multi - residential developments as Minnesota Highway Department "B -612" design. The resolution states that the Planning Commission may recommend and the City Council may approve variances to this requirement where it is established that the purpose is clearly met in a permanent and effective manner. 2. The approved site plan for this development specifies the use of B -612 concrete curb and gutter throughout, both on the public street (44th Place North) and surrounding all internal drives and parking areas. The concrete curb and gutter has been constructed on 44th Place North, but the parking and drive areas for the first clusters of townhouse units that have been constructed have no curbing or surface drainage conveyance features the edge of their asphalt drives and parking areas. The applicant has requested an amendment of the approved Site Plan and a variance from Resolution 79 -73 to permanently delete such concrete curbing from all private drive areas and parking areas of this project. Page 2 File 90045 3. The Engineering Division has provided a written objection to the deletion of the concrete curb and gutter for the private drive areas and parking areas of this development, and therefore the matter is presented to the Planning Commission for its recommendation to the City Council concerning the proposed curb and gutter elimination, both as a Site Plan Amendment and as a variance to Resolution 79 -73. 4. We are not aware of prior Site Plans that have been approved, either with conventional projects such as this or with PUD's, where the required internal drives and parking areas, have been constructed without concrete curb and gutter around all such parking areas and drives. 5. The applicant has provided reasoning in support of his requested variation from the design standards and requirements by his letter of May 10, 1990. He also suggests some changes to the landscape plan which normally can be handled administratively. PLANNING STAFF COMMENTS: 1. We concur with the recommendation of the City Engineer that this application for amendment to the Site Plan to eliminate the use of B -612 curb and gutter for internal drives and parking areas be denied. We can find no basis for deviation from this established city policy with respect to the design of attached housing that could not be applicable to all similar projects that have been developed within the community. 2. The petitioner has constructed portions of the development without the required curb and gutter per approved plans. No request has been made for reduction or release of the financial guarantee submitted in support of the Site Performance Agreement which does include curbs and gutter. 3. We have reviewed the landscape plan changes and find they do not require form an action to amend by the Commission and Council (pursuant to ordinance provision for minor amendments). Page 3 File 90045 RECOMMENDATION: I hereby recommend adoption of the attached resolution providing for the denial of the requested Site Plan Amendment. Consistent with previous direction I have also included a recommendation for approval with the appropriate conditi ns. Submitted by: . Charles E. Dil erud, Community DevelAnb4nt Coordinator ATTACHMENTS: 1. Resolution Denying Site Plan Amendment 2. Resolution Approving Site Plan Amendment 3. Engineers Memo 4. Petitioner's Communication of May 10, 1990 5. Location Map 6. Site Graphics 7. Section 10 Subdivision B Paragraph 5(g) of the Zoning Ordinance pl /cd/90045:11) DENYING SITE PLAN AMENDMENT AND VARIANCE FROM RESOLUTION 79 -73 FOR GOFF HOMES FOR " FERNBROOK MANOR" LOCATED EAST OF FERNBROOK LANE AT 44TH PLACE NORTH 90045) WHEREAS, Goff Homes has requested approval for a Site Plan Amendment and Variance from Resolution 79 -73 to eliminate B -612 curb and gutter from Fernbrook Manor located east of Fernbrook Lane at 44th Place North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Goff Homes for a Site Plan Amendment for Fernbrook Manor located east of Fernbrook Lane at 44th Place North, based on the following reasons: 1. The purpose of Resolution 79 -73 is not clearly met in a permanent and effective alternate manner as required. 2. The site and conditions of the development are not unique with respect to the need for permanent delineation provided by concrete curb and gutter. APPROVING SITE PLAN AMENDMENT AND VARIANCE FROM RESOLUTION 79 -73 FOR GOFF HOMES FOR " FERNBROOK MANOR" LOCATED EAST OF FERNBROOK LANE AT 44TH PLACE NORTH 90045) WHEREAS, Goff Homes has requested approval for a Site Plan Amendment and Variance from Resolution 79 -73 for elimination of B -612 curb and gutter from Fernbrook Manor located east of Fernbrook Lane at 44th Place North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Goff Homes for a Site Plan Amendment for Fernbrook Manor located east of Fernbrook Lane at 44th Place North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 3. Compliance with the applicable terms and conditions of Resolution 88 -385 approving the original Site Plan and Conditional Use Permit. CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: June 8, 1990 FILE NO.: 90045 PETITIONER: Mr. Pat Goff, Goff Homes, 865 Aspen Circle, Little Canada, MN 55109 SITE PLAN: SITE PLAN AMENDMENT FOR FERNBROOK MANNER - REQUEST TO ELIMINATE CONCRETE CURB AND GUTTER LOCATION: East of Fernbrook Lane, north and south of 44th Avenue in the southwest 1/4 of Section 10. Mr. Pat Goff of Goff Homes has submitted an application to the City requesting an amendment to the approved Site Plan removing the condition that concrete curb and gutter be installed as an off -site improvement. I recommend that the approved plans not to be changed for the installation of concrete curb and gutter or curb stone for the following: o To positively delineate public parking in driving areas. o To protect the landscaped areas, building, and utilities, and fixtures such as light standards and fire hydrants. o To control surface drainage for positive flow, erosion prevention, and protection of site landscaping and critical slopes which is not otherwise achieved. SUBMITTED BY: Daniel L. Faulkner, P.E. City Engineer GOFF HOMES,INC. 865 ASPEN CIRCLE LITTLE CANADA, MINNESOTA 55109 6 12) 4.82 -C767 FAX 482 -0876 May 10, 1990 City of Plymouth 400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Fernbrook Manor Honorable Mayor and City Council: We are requesting that our parking spaces directly behind eacl-. unit gar -'aae be cal .ed parking stalls and not a parking lot. if I.t aa, considered a Pat -king lot according to the Plymouth tr,rinanc,_ we must install curbing along the parking lot. We dr; not wish two instai.l curbing along t hese parking stalls fc r the following r•° on. This 60 foot space is the best t.':I :c for snow ;storage. Most snow plowing companies do not rr the ,Weans to lift and place the snow above the curbs in of these -stalls. have coast -acted four other developments it') other cities wLt''h this design of unit parking and were not required to We ,urn - -: also asking for a chat-ige. in the landscape plan. r ; ^orr past experience in this type of soil a change :i.ri the type of j_-,lantings waz needed for a higher rate of plant survival sifter initial planting. We have deleted some understory ornamental and a few overstory shade trees, and added spruce trees for buffering and year round color. Thank, you for your consideration on these matters. Fatr i, k W. Goff I Ti m ml O.W,a l. PLYMOUTH ZONING ORDINANCE Section 10, Subdivision Isurfacewithcurbingandpropersurfacedrainageasrequiredby the City Engineering Department, and adopted standards and criteria. transient produce merchants, and for any person that sel s p e garden or farm on the property on which the products are ' Aimne row, nd cultivated are exempt from this requirement. ed Ord. 86 -07) 2) The operator of the principal building or use all maintain parking and loading areas, access drives and and areas in a neat and adequate manner. 3) Storm water drainage from off - street pa ing facilities shall be collected internally and directly to City Storm Drainage System as required by the City Engin ring Department, and adopted standards and criteria. Authorized unimproved sites for transi t merchants, transient produce merchants, and for any person t sells products of the garden or farm on the property on which /te pro ducts are grown and cultivated are exempt from thequirement. (Ord 86 -07) h. Required Number of Off- Street Pa 1) Off- street parking areas, patrons, customers, supp ie provided on the premis of required off - street p king as indicated on Tabl 2 and 2) Computing Require*nts: king Spaces: sufficient size to provide parking for rs, visitors and employees shall be each use. The minimum number of spaces for the following uses shall be in this subdivision. In computing the number as such parking or loading spaces required, the J61lowing rules shall govern: a) Floors ce shall mean the gross floor area of the specific Wheb) actional spaces result, the parking spaces required construed to be the nearest whole number . c) ing or loading space requirement for a use not ally mentioned herein shall be the same as required e of similar nature as determined by the Planning on. 3/ DiISTRICT, ined Facilities: ined or joint parking facilities may be provided for one (1) ore buildings or uses in R -2, R -3 or R -4 RESIDENCE DISTRICTS, 1, B -2 and B -3 BUSINESS DISTRICTS, and in I -1 INDUSTRIAL provided that the total number of spaces shall equal the of - the_r?, i -Pm _n#s_ for. -each building or use. 10 -29 PLYMOUTH ZONING ORDINANCE Section 10, Subdivision B regui rements of `each use' -&nd sha- lfiJYf6vttte _adec e and maneuvering of the vehicles itis designed to serve. b. Access: 1) Parking and loading space shall have proper access f a public right -of -way. 2) The number and width of access drives shall be o located as to minimize traffic congestion and abnormal tra is hazard, and no driveway in R -2, R -3 and R -4 RESIDENCE DIS CTS and all Business and Industrial Districts shall be closer an fifty (50) feet from any right -of -way line of a street inter ction. In FRD, R -lA and R -1B RESIDENCE DISTRICTS the minimum stance shall be twenty (20) feet. 3) In B -1, B -2 and B -3 BUSINESS DI ICTS, and I -1 INDUSTRIAL DISTRICT, direct access shall provided to an arterial street as shown in the adopted City Th oughfare Guide Plan or to a related service road. c. Location of Parking Faciliti Required off - street parkin shall be provided either on the same lot or adjacent lots principal building or use is located. d. Buffer Fences and PlantOhg Screens: Off- street par/ apval loading areas near or adjoining RESIDENCE DISTRICTS shaleened by a buffer fence of adequate design or a planting buffe; plans of such screen or fence shall be submitted for as a part of the required site or plot plan and such fence or ing shall be installed as part of the initial construction. e. Lighting: Lighting all not be directed upon the public right -of -way and nearby or adja t properties. Such illumination must be indirect or diffus .: f. Land aping: Al required yards and parking areas shall be landscaped in accordance w' h the adopted standards and criteria policy. Plans of such lindscaping shall be submitted for approval as a part of the required t-e or plot plan and such landscaping shall be installed_as_part of g. Construction and Maintenance: 1) In R -2, R -3 and R -4 RESIDENCE DISTRICTS, in B -1, B -2 and B -3 BUSINESS DISTRICTS, and in I -1 INDUSTRIAL DISTRICT, parking areas and access drives shall be covered with a dust -free all- weather 10 -28 POLICY ESTABLISHING CURBING AND DRAINAGE REQUIREMENTS FOR MULTI - RESIDENTIAL, BUSINESS AND INDUSTRIAL DEVELOPMENTS Resolution No. 79 -73 January 29, 1979 1. The City Council establishes the following as standards to be followed in implementing the requirements of Section 10 of the Zoning Ordinance rela- tive to the construction and maintenance of parking facilities of multi - residential, business and industrial developments. 2. CURBING A. Purpose 1. To positively delineate public parking and driving areas. 2. To protect landscaped areas, buildings and utilities and fix- tures such as light standards and fire hydrants. 3. To control surface drainage for positive flow, erosion pre- vention and protection of site landscaping and critical slopes which is not otherwise achieved. 4. To separate commercial vehicle maneuvering, loading and unload- ing areas from public automobile parking and driving areas. B. Requirements All parking and driving areas of multi - residential, commercial and industrial developments shall be bounded by and delineated by cast -in- place concrete curb and gutter of the Minnesota Highway Department B -612" design. C. Alternate Designs and Variance 1. Other designs of concrete curb and gutter may be permitted by the City Engineer where the design provides an equal cross - sectional area. 2. The Planning Commission may recommend, and the City Council may approve the deferral of the installation of concrete curbing in those areas where future expansion and development of a site would necessitate removal. Such expansion and development must be indicated on approved plans; the deferral shall be for a definite period of time; and a temporary curbing of bituminous or other approved materials may be required in the interim. 3. The Planning Commission may recommend, and the City Council may approve variances to this requirement where it is established that the purpose is clearly met in a permanent and effective alternate manner. 13- Resolution No. 79 -73 3. Drainage A. Plans Drainage and grading plans shall be certified by a Minnesota registered Civil Engineer or Architect. B. Design Performance Subject to approval by the City Engineer, drainage plans shall provide for: 1. Drainage systems which avoid directing parking lot and roof drainage onto the public right -of -way and streets. 2. On -site treatment of parking lot drainage to prevent the intrusion of silt, debris and oil residues into the public waters and drainage system. 3. Surface or pipe drainage conveyance to preclude erosion or inundation damage to abutting properties and public right- of-way. 13a- P.. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: May 30, 1990 MEETING DATE: June 12, 1990 FILE NO.: A261 PETITIONER: Olfisco, Inc. REQUEST: Variance from setback provisions of the Zoning Ordinance to permit a side yard setback of 16.9 feet where the Zoning Ordinance provides a standard of 25 feet. LOCATION: 1915 Xenium Lane GUIDE PLAN CLASS: IP (Planned Industrial) ZONING: I -1 (Planned Industrial) BACKGROUND: On May 18, 1970 the City Council approved a Site Plan for the construction of the subject building for Beatrice Foods Company. That Site Plan proposed the south side yard abutting the railway right of way) to be 20 feet where the Zoning Ordinance specified 25 feet be required. By a companion resolution (70 -193) the Village Council, also on May 18, 1970, granted a Variance to Beatrice Foods Company to permit the construction of this structure 20 feet from the south property line rather than the 25 feet required by the Zoning Ordinance. In addition, a Variance was granted for parking setback from the side property line. The present owner, Olfisco, Inc., acquired the parcel in 1989. The survey of the site following acquisition by Olfisco has revealed that the structure has actually been constructed 3.1 feet closer to the south property line than was permitted by the 1970 Variance. The owner now requests a Variance from Zoning Ordinance Standards to match the manner in which the building was actually constructed. The structure is now located 16.9 feet from the south property line versus the Zoning Ordinance requirement of 25 feet. Records do not reveal cases in recent years that can be directly compared with this application. It should be noted, however, that the City Council recently approved an amended PUD plan to allow setbacks less than the previously approved PUD Plan based on the finding that the home was constructed closer to the property lines than the specifications of the approved PUD Plan. In that case, the home was constructed a matter of inches closer to the property line than the approved setback. Property owners within 100 feet have been notified. A copy of the Variance Standards is attached for reference. Planning Commission Meeting June 13, 1990 PRIMARY ISSUES AND ANALYSIS: 1. The petitioner, as "exhibit A" of his documentation, has provided a description of the request, together with documentation as to the compliance of the requested Variance with the Variance Standards of the Zoning Ordinance. 2. The south side of the property abuts an existing railroad right -of -way 20 feet in width. The effective property dimension to the south, therefore, is twenty feet greater than would be the case were this a typical industrial property, since no development can be undertaken by either this property owner or the property owner to the south within this 20 foot railroad right -of -way buffer; and the 20 foot corridor is not included within the setback of either property. 3. The property was acquired by the applicant in 1989, 19 years after the structure was constructed in a location requiring a greater Variance than was actually approved. PLANNING STAFF COMMENTS: 1. A hardship to the rpesentbuildingownerwouldresultfromcompliancewiththe Ordinance Standard since either the title to the property would remain flawed, or the present building owner would be required to remove 3.1 feet of the loading docks that have existed for 20 years, if no variance is approved by this application. 2. The site is unique by nature of its location adjacent to an existing railroad right of way which provides an additional dimension of setback over and above most other lots in the I -1 District. This unique nature was recognized in granting the original Variance in 1970. 3. The Variance requested will not be detrimental to the public welfare or injurious to other land and improvements in this neighborhood. 4. The Variance will not impair an adequate supply of light and air to adjacent properties, or in any manner negatively impact the public welfare and safety, or diminish property values within this neighborhood. RECOMMENDATION: We recommend adoption of the attached Resolution providing for the approval of a Variance to permit the structure to be located 16.9 feet from the side property line in the I -1 District where the Zoning Ordinance Standard is 25 feet and a previously approved Variance is 20 feet, based on findings that the proposed Variance meets the Standards for Variances as provided for by the Zoning Ordinance. Attachments: 1. Approving Variance 2. Petitioner's Documentation 3. City Council Resolution 70 -179 approving Site Plan 4. City Council Resolution 70 -193 approving Variance 1 Tile t':ItIon for th-. rtloptioa of L ?:^ f01 •Z'U!`,; T', .( -1I,f ion c•. , c'•;,)_ I, _Cotu cilm-in [iniseth_ , rtld I, c ., . : l . S i .' a tl:c r_ 01- fc,) lc• :.iu; ' ^tc S:t fain: t}: rcof : `or !'il !, C- meilmen. Jo::n•,on, i;l:atz, Y.ina -et% and Spat -Vi. Vo one voted against. Vlic•rct:,,crt 0.. 1' =:o1u; ioa :t: dect•r.r d cal, 1•:.... <! ..; ! ..c'.,, .. -1. w VILLAM. OF 1'ur::v . +.1: to d ;:_ C. 1 rrt:cl 11.11.i C. t.It .: c:f f; cf t11' l'S1.1:.1; ccw!.ri1 of tit'. Ci!):,;, of 1'1;; •::t; , ','il ,:. tray b:,10 ca, 0!'.. at . 1',9Y_____ ......_- •- - -' 1q %!1, I'!: f<•1',: !. tct:rr Councilmen Jo..ncvn, 1?intz, Tltc: f\,l ? r.•f r.• 1,...11.a t•., t::•t c rth:l: ;tt ,_.Jyori..._.....- . _.. ..... ... - - - Cotmcilnen Johnnon 11, t.1 [,,',1, c; o11-. r::ol ;It S on r,u: t I 1 catric^ 1'oodv Colmyany a:l;:rd for Rite plan Ptnproval . Ki1'.! •1'lil: il:ri +':i;, I.1: Ye Approval. in hereby given for t }:p sitt: plan for Lcrttrice Fcods to locate ou Zinnia Lnne between Vater 1'mer Circle end Industrial Yarl, Blvd. in 'Unnertpolis Industrial Park. 1 Tile t':ItIon for th-. rtloptioa of L ?:^ f01 •Z'U!`,; T', .( -1I,f ion c•. , c'•;,)_ I, _Cotu cilm-in [iniseth_ , rtld I, c ., . : l . S i .' a tl:c r_ 01- fc,) lc• :.iu; ' ^tc S:t fain: t}: rcof : `or !'il !, C- meilmen. Jo::n•,on, i;l:atz, Y.ina -et% and Spat -Vi. Vo one voted against. Vlic•rct:,,crt 0.. 1' =:o1u; ioa :t: dect•r.r d cal, 1•:.... <! ..; ! ..c'.,, .. -1. I P l-,c SI•-'"•1: OF !,'J`'`TS'AA the k I i I c"! r S i - I I t. (t, Ow du)N fic-cl Vj 1, izq.(• Or Nvootitil, t 'f'.. th"Ic 2: 5:(! cI of t11f. Sqx-". I.I.notin of thl~ vm or sald 970 I oy, f 1 f U )I L tl*;lW';c'-!P'L t'Iwrefrcw:,t Insofar as tlie to for site pInn nuprnvl VITNI*.St" ;Iv 18,111cl Offici.111 C01•1101"'tc, !:, al of the this 1970. Uck-1- 0 r y.rr. 1111.1.1 T nF 1's,rcu: +nt to dsu.• rail and notice then•nf , a rc;j u.l:`r' f*kJfj6&11 r•r,'l i, %,'. of 010 fill:, {•rt roll-wil of 1.110 or 'sin;i ';('•.•1 "1" day of 1970. ll:r tnl i(,' ir,;. .:,' (•r •: von, pry -ent Mayor Rilde, Cosascipwn John, —mA.- Qirt,%,J iadlsth- 4-- gpketh. I;ns fsil ln.•tr;, l.,r.;;!ivrs, , tir(i a1,;:entt CCMi -41 * fi _1Linr 2 __ anc' 1noved its;' a(4,,,tion: t,t intrrxluc •(! t }.• - ion r.fs()t.t 111 11 ; nn. t::'I'VYAS jqp requested a variance for Beatrice Foods. l'W"!' h +: 11' UF.R1'1tY i!1•:enl,VED FY 1!'! V71.1_` *1• C '0i,..( 1 riu '1'1'i: V 1 J.i.A(:i (a' Approval is hereby granted +:o 1 111P for a 10' variance froze the parkinil setback from the side lot Line avid 5' variance on the building eetbnek raquiremat on the lot lies adjacent to the railed track one their property suhlact to the approval of trading plans by the plralouth Village 1hgI naer. r• , ,.t ir.lt f(,t- Ow ndo,(tf,nn of the forej-,ninc; r(•'•(,lnt irm ,• :1 (1: +]v fli ( I,.r {(. -, 1 _- ._3/Q ii'.i7ii 'L- ._.• ilf(! tli, r'i: V(il r' ,1;:; t;1•(`li r;. i'(!1. tl((r fnl IwAnp• voted in favor tborrof :Mayor Hilda, Councilmen vinta Johnson, >Kinsdseth and Spaeth. f I 1 l:,r, vr,r,':1 a-;ainat None - - - - - -- . _.- - - -- ...- - - -- - - -- 1'!+i fn1 nl:.t dne(!_ — -- 1I01!>• - — - - - - -.._ _...- - - tilt' l'ecinlrltion Vas (tr Cl1S'.'rl [I('.!.. t, nr'! %1.' i :'• 51'A'I'I' 01' 1!I'c "T.F-0TA ) COUNTY OF OV N.Y,.,ov'{ } }) I, the undersigned, being the duly a,nnlified Clerl: of th_, 1'M"t.e.. of Hymonth, "iwienota, hereby certifv that 1 ha o c.1reful i,: cor-pirc -d t}:t, attachod and fore, -vin! extract of the tnlnutr-; of , r.•' nlnr ) n- ettnl^, of thc. \'illnge Council of said V1.1lnl-c lit-H on `say 18 11170, 1.1th tl%e ori,,.innl thereof on file in niv of i.co and the is a full, trur and cn ^inlet• transcript therefrom i-nrofar r!; tthr• F:ar:c rt•lntr's to a !tc:olution rcp,nrdinf _ a var anca rigitsont ldl'1'.':}:S',, ''y hand officially as suc!- Clerk and the corporatc. of the Vi l laf.. On ` _- 2nd day of Jima - - -_ —__ ' 1P70. l Yillnl;e- Cicr' Ci ] laFt of 1'`I)riout>>, "inr. r,tn 0 P APPROVING VARIANCE REQUEST FOR OLFISCO, INC., 1915 XENIUM LANE NORTH (06- 02 -90) WHEREAS, Olfisco, Inc. has requested approval of a Variance from setback provisions of the Zoning Ordinance to permit a side yard setback of 16.9 feet with a Zoning Ordinance Standard of 25 feet, 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 should and hereby does approve the request based on the following findings: 1. A hardship to the present building owner would result from compliance with the Ordinance Standard since either the title to the property would remain flawed with no action regarding this Variance, or the present building owner would be required to remove 3.1 feet of the loading docks that have existed for 20 years. 2. The site is unique by nature of its location adjacent to an existing railroad right of way which provides an additional dimension of setback over and above most other lots in the I -1 District. This unique nature was recognized in granting the original Variance in 1970. 3. The Variance requested will not be detrimental to the public welfare or injurious to other land and improvements in this neighborhood. 4. The Variance will not impair an adequate supply of light and air to adjacent properties or in any manner negatively impact the public welfare and safety or diminish property values within this neighborhood.hereupon the Resolution was declared duly passed and adopted. d: Ig % . 1