HomeMy WebLinkAboutPlanning Commission Packet 06-26-1990S. A,
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: June 19, 1990 COMMISSION MEETING DATE: June 26, 1990
FILE NO.: 90047
PETITIONER: Geoffrey Gage
REQUEST: Conditional Use Permit Amendment to the Residential Planned
Unit Development,for Kingsview Heights 2nd Addition
LOCATION: Southeast Quadrant of 44th Avenue North and Ithaca Lane
West of 14515 44th Avenue North)
GUIDE PLAN CLASS: LA -1 (Low Density Single Family Residential)
ZONING: RPUD 85 -1
BACKGROUND:
The RPUD Preliminary Plant /Plan /Conditional Use Permit was approved for the
Kingsview Heights Development by Resolution 85 -155 in March 1985. In July
1985, the resolutions adopting the Final Plat (85 -478) and setting conditions
prior to recording (85 -479) were approved.
Proposed is an amendment to the RPUD Conditional Use Permit to permit the
construction of an accessory use (a fence) on one of the lots of the RPUD
without the construction of a principal structure on that lot.
Notice of this Public Hearing has been published in the official City
newspaper, and all property owners within 500 feet have been notified.
PRIMARY ISSUES AND ANALYSIS:
1. The proposal is to extend a fence from the petitioner's home at 14515 -44th
Avenue North easterly approximately midway on the north -south dimension of
the vacant lot owned by the petitioner's father immediately to the east,
to the east line of the vacant lot, and then southerly to the south line
of the vacant lot, and then westerly to the common property line, and
beyond, into the lot at 14515. The resulting fenced area would include
approximately half of the vacant lot.
2. Section 7(c), Item 39 specifies fences to be accessory uses in the R -1A
Zoning District, the underlying zoning for this development. Section 4 of
the Zoning Ordinance defines "accessory use" to be a use subordinate to
the main use on a lot, and used for purposes customary incidental to those
of the main use.
see next page)
File 90047
Page Two
3. No "principal use" exists on the vacant lot east of 14515 44th Avenue
North though one could be developed there. The petitioner does not want
to consolidate the lots.
4. Review of the amendment to the RPUD Conditional Use Permit /Plan as
governed by the provisions of Section 9(b), paragraph 5(j) of the Zoning
Ordinance where the Planning Commission must make its recommendation based
on compatibility with the Planned Unit Development; relationship of the
plan to the neighborhood in which it is located and the Comprehensive
Plan; and the internal organization adequacy of the PUD Plan. In
addition, the Conditional Use Permit standards of Section 9(a), paragraph
2 to be applied in the review of all PUD Plan amendments as well. A copy
of those standards are attached. The petitioner has addressed these
standards in an attached narrative.
5. This action is necessary because the City Code requires permits for fences
no fee). The permit represents a finding that the fence meets Ordinance
standards or has been specifically sanctioned by the City Council. It is
also important to have this action on record so it is clear in the future
that the owners sought this and that one owner has not encroached onto a
separate property possibly creating an adverse possession situation.
PLANNING STAFF COMMENTS:
1. We find the proposed amendment to the Conditional Use Permit for the
Kingsview Heights RPUD is consistent with the Zoning Ordinance
requirements with respect to compatibility with the intent of the Planned
Unit Development; relation of the proposed plan amendment to the
neighborhood which it is located, the Comprehensive Plan, and other
provisions of the Zoning Ordinance; and internal organization adequacy of
the uses and related design features of the Planned Unit Development.
2. We find the proposed PUD Plan amendment to meet the standards of the
Zoning Ordinance for Conditional Use Permits.
3. The parcels could be consolidated thus eliminating the need for this
action.
see next page)
File 90047
Page Three
RECOMMENDATION:
I hereby recommend adoption of the attached resolution providing for an
amendment to the RPUD Conditional Use Permit and Plan for the Kingsview
Heights RPUD to permit a fence as an accessory use on a lot within the PUD
without a principal/nse on that same ot.
Submitted by: ci.k;
Ch s E. Diller d, ommunity Development Coordinator
ATTACHMENTS:
1. Resolution Approving Amendment to RPUD Plan
2.
3. Conditional Use Permit Standards
4. Petitioner's Narrative
5. Resolution 85 -155 Approving Preliminary Plat
6. Resolution 85 -479 Setting Conditions on Final Plat
7. Location Map
8. Site Graphic
pc /cd /90047:dl)
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT
AMENDMENT FOR GEOFFREY GAGE FOR KINGSVIEW HEIGHTS 2ND ADDITION (90047) (RPUD
85 -1)
WHEREAS, Geoffrey Gage has requested approval for a Conditional Use Permit
Amendment to the Residential Planned Unit Development Plan for Kingsview
Heights 2nd Addition to permit the construction of a fence on Lot 5, Block 7
which does not have a principal structure on that lot with the owner's
permission; and,
WHEREAS, the Planning Commission has reviewed the.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
Geoffrey Gage for a Conditional Use Permit Amendment to the Residential
Planned Unit Development Plan for Kingsview Heights 2nd Addition to permit the
construction of a fence on Lot 5, Block 7 which does not have a principal
structure on that lot with the owner's permission, subject to the following
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 including fence permit requirements; 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. Compliance with applicable provisions of Resolutions 85 -155 and 85 -479.
5. A copy of this resolution shall be filed on both 14515 -44th Avenue North
Lot 6, Block 7) and on Lot 5, Block 7, before a fence permit is issued.
1 y ki • ,-i 50 • DI •. 1 V I • •,1.
FR M SNICK 9, SLIDDIVISICN A
2. Procedure. Before any Conditional Use Permit may be granted, the
application therefore, shall be referred to the Planning Commission for
purposes of evaluation against the standards of this section, Public
Hearing, and development of a recommendation to the City Council, which
shall make the final determination as to approval or denial.
a. The Planning Cammission shall review the application and consider its
conformance with the following standards:
1) Compliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional
use will promote and enhance the general public welfare and will
not be detrimental to or endanger the public health, safety,
morals or comfort.
3) The conditional use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the
purposes already permitted, nor substantially 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 surrounding
property for uses permitted in the district.
5) Adequate measures have been or will be taken to provide ingress,
egress, and parking so designed as to minimize traffic
congestion in the public streets.
6) The conditional use shall, in all other respects, conform to the
applicable regulations of the district in which it is located.
forms:o >pl /cup.stnd /s) 10/89
The following narative is submitted to further substantiate conformance
standards required for fence application.
The attached site plan indicates location of proposed fence. We
believe the requested use complies with the present comprehensive
plan.
The purpose of the fence is to tie Lot 5 and Lot 6 together, enhancing
the two properties. Lot 5 is vacant and has been used for dumping
trash and neighborhood children have used it as a playground, building
forts, etc.
It is felt this request will not impede normal and orderly development
of surrounding property and will not affect transportation in this area.
Further it will not be injurious to the use and enjoyment of other
property in the immediate vicinity.
We respectfully request the application be approved.
Thank you.
April 24, 1990
Mr. Joe Ryan
City of Plymouth
Community Development Department
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Ryan:
Attached are two permits that we have filled out for a
fence around contiguous properties that are owned by
son and myself which are described with their
addresses inside of the permits. The property I own
is a vacant lot and the property my son owns has a
home on it and we would like to fence the rear half of
both of the properties with a privacy fence as better
described in the permit.
One of the purposes of
properties together as
years by the neighbors
have built forts, etc.
of my property and tyi
my complete support.
Sincerely,
E. C. Gage
the fence is to tie the two
the empty lot has been used for
to throw trash on and the kids
The fencing of the rear half
ng it into my son's property has
EDWIN C. GAGE III P.O. Box 59159, Minneapolis, Minnesota 55459 -8214
CITY OF PLYMDUTH
Pursuant to due call and notice thereof, a regular meeting of the City Council or
the City of Plymouth, Minnesota, Was held on the 4th day of March 1985•
The following members Were present: Mayor Davenport, CouncilmemhersCra:n,
Schneider and Vasiliou
The following members were absents Councilmember "lei s
sari taf .•
Councilmember Crain introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 85- 155
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND CONDITIONAL
USE PERMIT FOR HARSTAD -TODD CONSTRUCTION COMPANY FOR YINGSVIEW HEIGHTS (RPUD 85 -1)
84100)
WHEREAS, Harstad -Todd Construction Company has requested approval for a Residential
Planned Unit Development Preliminary Plan /Plat, Rezoning and Conditional Use Permit
for Kingsview Heights for 224 single family residential lots located northwest of
County Road 9 and Juneau Lane and northeast of 44th Avenue and Juneau Lane; and,
WHEREAS, the Planning Commission has reviewed the 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 Residential Planned Unit Devel-
opment Preliminary Plan /Plat and Conditional Use Permit for Harstad -Todd Construction
Company for Kinqsview Heights located northwest of County Road 9 and Juneau Lane and
northeast of 44th Avenue and Juneau 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. Maximum density shall he 2.2 units per acre for the land at or above the estab-
lished high water elevation per the adopted City Storm Water Drainage Plan as
verified by the Cicy Engineer. Two density bonus points are assigned for size
of project, and in consideration of the increase in lot size In Block 8 and
Block 19. The maximum number of units approved is 714.
4. No Building Permits shall be issued until a Contract has been awarded for sewer
and *ate[.
5. Payment of park dedication tees -in -lieu of dedication in accordance with the
Dedication Policy in effect at the time of filing the Final Plat.
6. Street names shall comply with the City Street Naming System.
7. Compliance with Policy Resolution No. 79 -80 regarding minimum floor elevations
for new structures in subdivisions adjacent to, or containing any open storm
water drainage facility.
1.0 8. Rezoning shall he finalized with filing of the Final Plat.
PLEASE SEE PAGF TWO
Page two
Resolution No. 95- 155
is 9. Development shall be consistent with the Turtle Lake Area Environmental
Assessment.
10. No Building Permits shall be issued until the Final Plat is filed and recorded
with Hennepin County.
11. Yard setbacks shall be 30 ft. front yard, except for those lots along County
Road 9 which shall be 50 ft. front yard; 10 ft. side yard and 25 ft. rear yard,
with the exception of Lots specified in Condition Number 23 which shall have 35
ft. front yard setbacks.
12. Access shall be limited +.o internal public roads and restricted from: County
Road 9 and Fernbrook Lane.
13. Transitional screening and berming shall be provided along: County Road ^ and
Fernbrook Lane with final plans to be provided on the final grading plan.
14. Appropriate legal documents regarding Homeowner Association documents, covenants
and restrictions as approved by the City Attorney, shall be filed with the Final
Plat.
15. Sign construction details shall be provided with the Final Plan /Plat applica-
tion. There shall he a property covenant for monument sign maintenance over tie
entire subdivision, as approved by the City Attorney; such covenants to be filed
prior to issuance of a Sign Permit. Appropriate easements for the location of
the signs on the property shall be filed prior to issuance of a Sign Permit.
16. Construction details of development plans for the common open area shall he pro-
vided on the final grading plan.
17. All existing structures, except those on Lot 4, Block 12 and Lot 1, Block 10
shall be removed with the initial development.
18. max-mum Lot coverage by structures sfiall be 20 percent, except that up to 22
lots may have up to 30 percent coverage by structures. These potential lots
shall he identified by the developer with the Final Plan /Plat. This requirement
and allowance shall be reflected in the covenants filed on this plat. The ap-
proval of 30% lot coverage for up to 22 lots will not take effect until prelim-
inary grading is completed And approved by the City Council.
19. A model unit may be constructed on Lot 14, Block 8 in accordance with Section 7,
Subdivision F of the Zoning Ordinance. The Final Plan /Plat application shall
identify location and construction plans for access and parking associated to
the use of a model uniL.
20. Any existiny wells shall be filled and capped in accordance with State Health
Department regulations.
21. Development Plans shall address the right of access to the property owned by
Mr. Jim Hart (PIN 16- 118 -22 -12 -0019) from Juneau Lane and 46th Avenue North.
22. A requirement for minimum 50 ft. setbacks for Lot 2, Block 14, and Lot 1, Block
18 for transition.
Page three
Resob.r.iun No. 85- 155
23. Lo( size and lot width shall be consistent with R -1A District standards for Lots
1 through 3, Block 16; Lots 1 through 6, Block 15; and, and Lots 14 through 23,
Block 8.
24. Submission of a plan outlining the uses for the common open space such as, pas-
sive or active use; type of recreational equipment and their location; and, that
this plan -hall be reviewed by the Parks and Recreation Advisory Commission
PRAC), and City Council before a grading permit is issued.
25. Prior to City Council approval of a Final Plan /Plat the petitioner shall submit
ritten verification that the School District boundary for Districts 281 and 284
has been adjusted per State statutes in such a manner, so as not to bisect any
lots.
26. Staff shall verify that, prior to submittal of the Final Plan /Plat, Mr. D. M.
Schmidt who owns the adjacent substandard land locked parcel (PIN 16- 118- 22 -14-
0007) has been informed of this development proposal by the petitioner and has
had the opportunity to discuss the status of the parcel with the petitioner in
light of these plans.
ItIr
The action for adoption of the foregoing Resolution was duly seconded by
Councilmember Vasiliou , and upon vote being taken thereon, the
following voted In favor thereo s Mayor Ua venport, Councilmembers Crain,
Schneider and Vasiliou
The following voted against or abstained: None
hereog-an the Resolution was declared duly passed and adopted.
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 _ 1st day of July . 19 85
The following members were present: Mayor Davenport Councilmembers Crain, Neils
Vasiliou and Schneider
The following members were absent: none
Counrilmpmhpr Srhnpidpr introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 85- 479
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR KINGSVIIN
HEIGHTS SECOND AUDITION FOR HARSTAD -TODD CONSTRUCTION COMPANY (85039) (RPUD 85 -1)
WHEREAS, the City Council has approved the Final Plat and Development Contract for
Kinqsview Heiqhts Second Addition as requested by Harstad -Todd Construction Company;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYhtOUTFI,
MINNESOTA, that it should and hereby does approve the followinq to he met, prior to
recordinq of, and related to said plat:
1. Compliance with the Citv Enq:neer's Memorandum.
2. Payment of park dedicator, fees -in -lieu of dedication with appropriate credits in
an amount determined accordinq to verified acreage Arid pavinq costs and according
to the Dedication Policy in effect at the time of filinq the Final Plat.
3. Submittal of required utility and drainage easements as approved by the CitN
Engineer prior to filinq the Final Plat.
4. No Buildinq Permits to be issued until the Final Plat is filed and recorded with
Hennepin CoUnt,. .
5. Appropriate leqal documents regardinq Homeowner Assnciation cnvt•nant[, alld
restrictions as approved by the City Attorney, shall be filed with the final Pl,"-
6. The Final Plat mvlars shall contain a statement notinq that the plat is part of
the approved RPUD 85 -1 per Section 9 of the Zoning Ordinance.
7. The driveways for all lots adjoining Fernbrook Lane and adjoining County Rodd 9
shall he located so that the driveways shall be a maximum distance from Fernhrook
Lane and from County Road 9.
TM motion for adoption of the foregoing Resolution was duly seconded by
nunrilmpmbpr Crain . and upon vote being Laren thereon, the
following voted in favor thereof: Mayor Davenport. Councilmembers Crai,t. Neils
The following voted against or abstained: none
Whereupon the Resolution was declared duly passed and adopted.
q 0
I.. Other Requirements (continued)
14.21 No development identification signage is anticipated or approved as part
of this development.
14.22 Out lot N shall be deeded to the property owner of PIN: 16- 11 )-- '.'- 1.' -,")!1 •
Development of Outlot N is subject to further final planniii and
platting with PIN 16- 118 -22 -12 -0019.
14.23 Submission of required financial guarantee and site performance
agreement fo- completion of landscaping and development of priva,t, open
space prior to issuance of a building permit.
14.24 No building permits shall be issued for Lots 14 and 15, Block f.; and
Lots 3 Lhroukh 11, Blcck 10; until the school district boundary r(-loc-
ation .s approved b,, Hennepin County.
14.?`, The driveways for all lots adjoining Fernbro:>k Lane and a-1j;,inin(i Coun +.y
Rc)a,1 9 shall be located so that the driveway shall he a - iaxiwom di .tancf
from Fernbrook Lane and from County Roac 9. l Vion.ie1 1,(,, C i t.y Cniinc i 1
di roc Iion July 1, 1985)
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JUN 22 1990
CITY OF PL El ,ACJTH
COMMUNITY DEVELOPMENT DEPT.
June 21, 1990
Mr. Charles E. Dillerud
CITY OF PLYMOUTH
Planning Department
3400 Plymouth Boulevard
Plymouth, MN 55447
Subject: File #90047
Dear Mr. Dillerud:
I am in receipt of the city's notice of a request for a conditional use permit allowing a chain link
fence to be erected on the vacant lot at 14515 - 44th Avenue North. The Kingsview Heights 2nd
Addition Development has protective covenants filed against the property. Part of those covenants
include architectural guidelines and restrictions. Enclosed is a copy of those rules. Section Lb.
clearly establishes natural wood as the only appropriate material for neighborhood fences. Clearly
a chain link fence would be inappropriate on the lot in question.
in erely,
LAA
T. W. Johns
14510 - 43#1ace North
T-- - -t The 4 "meo1. ) t 8 j rr1Tit' Ss..o ut.l . _.W" ._ Ow'
a-, y e c 1 pY at- 4e., ArcH 4ec4- t-wa,l
Jyon' I'mu. -ion. . _ - - - -- _
based upon the two questionnaires to the homeowners of I 0
kf F
Kingsvi ew Heights, a list of arc:hi te'c.tt..tral gt.a rdei :c ne_. v, C,; 1V
with their restrictions, t,<s:> been :. <: " °° Lbene::: ;*t-,h.l.;.Iied for- c;ur ,
association. Each of the s;i; gui del 3. nc, : ;r ;ci VIC.3 Lr i ct i cans"; JUN 22 1990aretheviewsofthem;::ajor -ity of the Itc:,mr: :owners otr ot-tr
association.
Architectural Guidelines and Restrictions:
CITY OF P1 Fi'6a 1UTH
1
COMMUNITY DEVELOPMENT DEPT.
1. Fences are allowed with restrictions.
a. Fences may be no more than 6 feet high.
b. Appropriate materials for- neighborhood fences'
are cedar (natLAr al cut 1 1 kE— f caurrd :i n , pi i t r ai 1
fences) , redwood, processed cedar (found on
stockade fencing).
C. Completed wood fences may be left i n naturi:kl
earthtones (no treatment or color to the wood)
or painted or varnished tc:: rn.atrh the house.
d. Any new fence erected that a1::;uc:s:; can e:,,is>ting +ence,
must be the same kind of +enc re e:,tnd the zamee height.
2. Privacy fences are allowed with restrictions. F"r i vacy
fences are those found on a deck: or directly
surrot..tnding a duck.
a. Privacy -Fences may be no !rich °t:: Tlliar; 6 feet high.
b. Appropriate mater i al L- fear nr,1: q!- oor.!.-I.00d pr-i v. ;ae :,,-
fences are cedar', redwood ar•ici t: edar .
C. Completed wood privacy fl,s +nces may be Left -In
natural earthtones (nr., tr•earatmie -nt or c:olr_,r to the
wood) or painted or" var-nish.ad to match the house.
3. Satellite receivers are nut
4. Decks, porches, P)at.). os;, ::c:rfi3kinci-c7 (:5'I`Il:: i c:,_;G.tr 6:`s:, f +`•: t.c;Jr I. a
paint colors, ,gain and vrarni!- ;n cica not I-javc:, to oL
approved by an architectural. c:ommi.ttoe.
5. Electronic insect traps are al l oa,.l d wa tri res;tr i c_.ti ons.
a. They must be, turned off at 1..) pfn.
6. Clotheslines are ai.lcawed with rc;s >t:r-i.c:f.iorts.
a. All clothesline_, rived to be r•e tr actabl. o.
7. Pools, hot tubs and whirlpools friLks -.,t be l i. rra teed to the
rear yard with restrictions.
a. Pools, hot tubs and whti, °'1 c,t:, . <.:; .r,t.te >t.. he enc::! o< cd by
a fence as _per.. reeit.ri.ctio.i-s :r; •iteryis lei t:hro,.%g c Id.
B. Above ground pools are not allow( -d.
9. Trash and garbage container.-- must be stored out 04-
public view.
i
i
10. Permanent play and recreation (-•qc -ti pment. mtcvl t he pl :ac ced
in rear yards.
11. Dog runs are allowed with rr- -str-i c=ti r_,ns.
a. Dog runs may be chai nl i. nk with privacy fencencE
as per restrictions in items 2a through
or chai nl i nk with shrubs SLAT -r Ok.Andi ng oc.ctS:L df,
area.
b. Dog runs ar'e• pE_rrr;i.tted :rr: v,J rr.)t:>r ,ic-!c c;r-
yards. l -hey mz -Ay be ad joi. nc_d to trio. or
garage or free standing.
C. There may be no more than one drag run pei-
household.
d. Dog runs may be no more than 6 -feet high by h •f e-•et
wide by 12 feet long.
12. Sheds and outbuildings ar-e a.IA c°;tn.-m:. :! vn.t.r; t •,t :.r7 c. :k icar'c_.
a. Appropriate materials for
are processed cedar or othc%r trc-EVtPd weJcA.s: , Plywooc7
with cedar veneer or redwood.
b. Completed wood sheds can be 'left in natural. Earth
tones (no treatment or color to tht= wor_)d i or
painted or varnished to r :.he.
C. Sheds are permittc:rd in the yaai d!s> arlv.,
d. Sheds may be no more then square feEet..
Those homeowners wi th e.x i sti. ng fences, privacy f enccsn,
dog runs, satellite rer_ei. vertu, rherc -:. ,ar d c:;?.thu3. l d i nay--,
and non - retractable ci otht_`si i neS car" O ;'r'om
these new restrictions and guideline -_
Ar remi'vi& on +ham Co ChGc,ni'S 4 R.¢s -h-ic ions
KG9 "cling A-r4i cif-1, 1 X .5ecI.H0 h II - I
No bowb, 4-A. ItrS crIC,w,per.5 or wo4vrhowir,s..
6 k w I 1 6 00-K M i ft-ed 46 V- rA-.r- P f-I o 11,44 i d e.
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S-88.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
REPORT DATE:
FILE NO.:
PETITIONER:
REQUEST:
LOCATION:
GUIDE PLAN CLASS:
ZONING:
BACKGROUND:
PLANNING AND ZONING APPLICATION STAFF REPORT
June 21, 1990 COMMISSION MEETING DATE: June 26, 1990
90049
St. Mary's of the Lake Church
Conditional Use Permit Amendment to Change the Operator of
the Existing Day, Care Center at St. Mary's of the Lake
Church
105 Forestview Lane
LA -1 (Low Density Single Family Residential)
R -1A (Single Family Residents District)
In 1973 a Conditional Use Permit was issued at this location for a group home
for up to 12 children. In 1977 a Conditional Use Permit was issued for a day
care facility for 34 children. The number of children permitted was expanded
in 1978 to 54 and in 1986 to 75. The last previous action by the City Council
was by Resolution 87 -527, which approved a renewal of the Conditional Use
Permit for "Children's Learning Center" at this location for 75 children in
August 1987.
Proposed by this application is an amendment to the Conditional Use Permit
changing the operator from the "Children's Learning Center" to "St. Mary's of
the Lake Church." No other changes are proposed in the operating
specifications of the day care center.
Notice of this Public Hearing has been published in the official City
newspaper, and all property owners within 500 feet have been notified. A
development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
I. The applicant has submitted a brief outline of its proposal dated May
1990. A copy of this narrative is attached.
2. In the narrative provided, the applicant states that no changes are
proposed for the use, and that no impact is anticipated with respect to
the Conditional Use Permit criteria of the Zoning Ordinance.
see next page)
F
File 90049
Page Two
PLANNING STAFF COMMENTS:
1. We find the proposed amendment to the Conditional Use Permit to change the
name of the operator is consistent with the Conditional Use Permit
standards of the Zoning Ordinance, and that no change is proposed.
2. No complaints have been received by the Community Development Department
regarding the operation of the facility, and therefore we find issuance of
an amended Conditional Use Permit to be in order.
RECOMMENDATION:
1 hereby recommend approval of the attached resolution providing for an
amended Condition a Permit as ?re yuested.
Submitted by:
Charles E. Dillerud, ommunity Development Coordinator
ATTACHMENTS:
1. Resolution Approving Amended Conditional Use Permit for Day Care Center
2. Petitioner's Narrative
3. Location Map
4. City Council Resolution 87 -527
5. City Council Resolution 86 -457
6. Planning Commission Minutes of July 1, 1986
pc /cd /90049:dl)
APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR ST. MARY'S OF THE LAKE CHURCH
90049)
WHEREAS, St. Mary's of the Lake Church has requested approval for a
Conditional Use Permit amendment to change the operator of the existing day
care center from the "Children's Learning Center" to "St. Mary's of the Lake
Church" for property located at 105 Forestview Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by St.
Mary's of the Lake Church for a Conditional Use Permit amendment to change the
operator of the existing day care center from the "Children's Learning Center"
to "St. Mary's of the Lake Church" for property located at 105 Forestview
Lane, subject to the following conditions:
1. The permit is subject to all applicable codes, regulations and Ordinances,
and violation thereof shall be grounds for revocation.
2. The permit is issued to St. Mary's of the Lake Church as operator of the
facility and shall not be transferable.
3. The site shall be maintained in a sanitary manner.
4. Any signage shall conform with the City Ordinance standards.
5. A copy of the current State license shall be provided prior to issuance of
the permit and shall be kept on file with the City.
6. Compliance with applicable Building and Fire Code requirements shall be
verified by the City prior to permit issuance.
7. All parking shall be off - street in designated areas which comply with the
Zoning Ordinance.
8. The maximum number of children shall be 75.
9. Resolution 87 -527 is rescinded.
St. Mary of the Lake Church has provided full time (6:00 a.m.
to 6:00 p.m.) child care on its premises since 1977 through a tenant,
the Children's Learning Center. The Children's Learning Center
currently has a Conditional Use Permit with the City of Plymouth.
The Children's Learning Center wishes to sell its business to
St. Mary's, and St. Mary's wishes to purchase the business and con-
tinue offering full time child care as a parish program. Realizing
the continuing need for quality child care and as a means of carrying
out its outreach mission, St. Mary's wishes to offer this service to
the community.
St. Mary's does not anticipate any changes which would impact
items 3, 4 and 5 of Section 9 of the Plymouth Zoning Ordnance.
St. Mary's is requesting a Conditional Use Permit by June 30,
1990 for 75 children, identical to that currently issued to the
Children's Learning Center.
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J7
CITY OF PLYMOUTH
Pursuant to due call and notice thereofq a regular,, meetint of the City Council of the
City of Plymouth, Minnesota, was held on the 17th day of August , 1987. The
following members were present: Mayor Schne1 ear9_Touncilme%a ers as ou Zitur
and Sisk
The followli.9 members were absent: Councl lmem6Fr-T-r-aTn`
rrr rrs •r •
Councilmew4i,er Sisk introduced the following Resolution and moved its
A To pt on:
RESOLUTION 87 -527
APPROVING THE RENEWAL FOR A CONDITIONAL USE PERMIT FOR THE CHILDREN'S LEARNING CENTER
IN THE ST. MARY'S OF THE LACE CHURCH, 105 FORESTVIEW LANE (86067)
WHEREAS, The Children's Learning Center has requested a renewal of the Conditional Use
Permit to operate a day -care center for 75 children In the St. Mary's of the Lake
Church at 105 Forestview Lane;
NOW, THEREFORL, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request for renewal of the
Conditional Use Permit for Children's Learning Center to operate a day care center in
St. Mary's of the Lake Church at 105 Forestview Lane, subject to the followinq
conditions:
1. The permit is s.ibJect to all applicable codes, regulations and Ordinances, and
violation thereof shall be grounds for revocation.
2. The permit is issued to The Children's Learning Center as operator of the facility
and shall not be transferable.
3. The site shall be maintained in a sanitary manner.
4. Any signage shall conform with the City Ordinance standards.
5. A copy of the current State license shall be provided prior to issuance of the
Permit and shall be kept on file with the City.
6. Compliance with applicable Building and Fire Code requirements shall be verified
by the City prior to Permit issuance..
7. All parking shall be off - street in designated areas which comply with the Zoning
Ordinance.
S. The maximum number nt • hildren at The learning Center shall be 75.
9. Resolution Nn. 86 -4'. .s rescinded.
The motion for adoption of the foregoing Resolution was duly seconded by
Councilmember Zitur , and upon vote being taken thereon, tFe o owing
voted n avor t ereo : Mayor Schnelderg Councilmembers Vasillout Zitur and Sisk
The following
voted aoa nst or abstained: None Whereupon the
Resolution was declared duly passed and adopted.
e
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 4th day of August . 1986. The
following members were present: Ma or Schneider Councilmembers Sisk Vasillou and
Zitue he
following members were absent: Councilmember Crain
Councilmember Sisk introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 86 -457
APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE CHILDREN'S LEARNING CENTER AT ST
MARY'S OF THE LAKE CHURCH (86067)
WHEREAS, Kathleen Dayton has requested a Conditional Use Permit Amendment for the
Children's Learning Center in St. Mary's of the Lake Church, 105 North Forestview Lane,
to allow the expansion of the daycare facility from the present student maximum of 54
children to a total of 75 children; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval;
NOW, THEREFORE, BE I1 HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request for Kathleen Dayton for the
Children's Learning Center for a Conditional Use Permit Amendment for the expansion of
the daycare facility at 105 North Forestview Lane from a present student maximum of 54
hildren to a total of 75 children; subject to the following conditions:
1. The permit is subject -o all applicable codes, regulations and ordinances. and
violation there of shall be grounds for revocation.
2. The permit is issued to Children's Learning Center as operator of the facility and
shall not be transferable.
3. The site shall be maintained in a sanitary manner.
4. A copy of the current State license shall be provided prior to Issuance of the
Permit and shall be kept on file with the City.
5. Compliance with applicable Building and Fire Code requirements shall be verified
by the City prior to Permit issuance.
6. All parking shall be off - street in designated areas which comply with the Zoning
Ordinance.
7. The maximum number of children shall be 74, until the licensing is approved in
November, 1986 for a total number of 75 children.
PLEASE SEE PACE Two
0
Page two
Resolution Ho. 86 -457
S. The width of the southerly driveway shall be narrowed to a maximum 26 ft. The
driveway shall be maintained as southerly as possible.
9. The most northerly driveway shall be expanded to a 24 -ft. width to allow for
two -way drive aisle access to the parking lot on the north side of the building on
or before dune 7, 1987.
10 At the westerly edge of the parking lot on the north side of the building, the
fire lane shall be barricaded with a collapsible post to prevent use of the fire
lane for any purpose other than emergency vehicle access on or before June 7,
1987.
11. The permit will expire on June 7, 1987.
The motion for adoption of the foregoing Resolution was duly seconded by
Mayor Schneider ' and upon vote being taken thereon, the following
voted in favor thereof: Mayor Schneider, Councilmembers Sisk and titur
The following voted
against or abstained: Councilmember Vasillou Whereupon the
Resolution was declared duly passed and adopted.
r CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
JULY it 1986
il
The Special Meeting of the Plymouth Planning Commission was
called to order at 7:33 P.M.
MEMBERS PRESENT: Chairman Steigerwald, Commissioners
Wire, Magnus, Plufka, Mellen and Pauba
MEMBERS ABSENT: Commissioner Stulberg
STAFF PRESENT: Community Development Coordinator
Sara McConn
Assistant City Engineer Sohn Sweeney
Planning Secretary Grace Wineman
MINUTES
MOTION by Commissioner Plufka, seconded by Commissioner
Magnus to approve the a.jne 25, 1986 Minutes as submitted. NOTION TO APPROVE
VOTL. 5 Ayr,. ;ommis-,ioner Wire abstained. MOTION VOTE - MOTION CARRIED
carr led.
PUBLIC HEARINGS
Chairman Steigerwald introduced the application by the CHILDREN'S LEARNING
Children's Learr inq Center for a Conditional Use Permit CENTER CONDITIONAL
Amendment to increase the number of children to 75. Fifty- USE PERMIT AMENDMENT
four children presently attend the day care facility in St. (86067)
Mary of the Lake, Church. Chairman Steigerwald requested an
overview of the dune 24, 1986 Planning Staff Report by Co-
ordinator McConn.
Chairman Steigerwald introduced Kathleen Dayton. represent -
iny the Children's Learning Center. She stated she had no
questions or comments and would answer any questions from
the Commission.
Chairman Steigerwald opened the Public Hearing.
Jo Bigot, 220 Forestview Lane, stated her concerns are with
the increased traffic on Forestview Lane; it is especially
hazardous in the winter months as the roadway has curves and
hills. They have had to help many motorists who have spun
out and gotten stuck, or who couldn't negotiate the hill.
She commented on problems for school buses picking up
children along this roadway. Sne inquired if a traffic
study could be conducted, or if a stop sign could be instal-
led. Chairman Steigerwald stated that a traffic study would
need to be ordered through the City Council.
131-
4
w •
Page 132
Planning Commission Minutes
Duly 1, 1986
Commissioner Mellen and Ms. Bigot discussed the morning and
evening traffic generated by the church activities and the
Wayzata East Jr. High School. Ms. Bigot stated she would
like to see something done about this roadway before more
traffic is generated in the area, she suggested perhaps a
different route to the church would be appropriate.
Chairman Steigerwald asked Ms. Dayton about the traffic com-
ing and going from the church. Ms. Dayton stated most
vehicles arrive before 8:00 A.H. in the morning bringing the
children to the school; and, from 4:30 to 6:00 P.M. when
they pick up their children. During the day there is little
traffic generated by the Learning Center.
Theodore Ahbay, 114 Forestview Lane, stated the church drive
is across from his driveway. There is a sign designating
one -way traffic brit people ignore the sign and use the drive
for two -way traffic. Drivers exceed the speed limit here,
driving 35 to 45 mph In a 25 mph zone,. He is concerned
about the safety of the children who ride their bikes and
cross the strut: In the neighborhood. He is not against.
daycare centers, but believes Plymouth has too many. He
noted there are three daycares in very close proximity. It
Is difficult for him to get out of his driveway and tie
Inquired if closing off the lower level road would help the
situation. He reiterated the problems with winter driving
and stated the City should make an effort to see that
drivers obey the 25 mph zone.
Art Cannon, 216 Forestview Lane, stated he is concerned that
the daycare seems to Increase the number of children year
after year and there should be a limit. If this application
Is approved, there should be a maximum in the number of
children for the daycare facility and the school a cap.
Chairman Steigerwald inquired what basis would be used.
Mr. Cannon stated that the traffic problems are a determin-
ing factor. The number of vehicles, traffic circulation,
and the impact on the residential neighborhood. He reiter-
ated the dangerous winter driving conditions on Forestview
Lane. He also noted the maintenance problems; the street
was resurfaced two years in a row (this year and last).
There is a definite correlation in the rapid wearing of the
roadway and Increased traffic. He concurred with Mr. Ahbay
that part of the solution could be to close off the lower
access, which would cut down on the traffic and maintenance
costs. He also agreed that the local police should patrol
this road as often as possible.
r
Page 133
Planning Commission Minutes
July 1, 1986
40
Chairman Steigerwald stated he lives in this area and agrees
that the City needs to look at this whole area as the
temporary streets which were originally installed need
continued maintenance.
Commissioner Magnus inquired if Mr. Cannon has other con-
cerns besides the traffic problems. Mr. Cannon stated he is
also concerned about expanding a commercial use in a resi-
dential area. He understands that a daycare has special
requirements, but there needs to be greater restrictions on
commercial operations In residential neighborhoods.
Kathleen Dayton stated the looped road was required by the
Fire Marshal for emergency vehicle access. She stated the
parents use the drive in the morning and evening but during
the day it is chained off when the children are out play-
ing. In terms of setting a "cap" on the number of children,
they have four rooms available for their program and will
not expand beyond what is requested with this application.
Any further expansion would be for the church programs.
Chairman Steigerwald Inquired about the drive around the
buildinq. Ms. Dayton stated it is a one -way drive on the
west side of the building and leads down to the lower park-
ing lot.
Jo Bigot stated the drive exits out onto the curve which is
very dangerous. Mr. Cannon stated he agrees the fire lane
Is necessary, but the access should be to Ridgemount Avenue,
eliminating the traffic onto Forestivew Lane.
Commissioner Mellen inquired if the loop drive could be
chained -off permanently. Ms. Dayton stated this was pos-
sible, but it is used by school buses, delivery and garbage
trucks.
Chairman Steigerwald recalled that the old access to Ridge -
mount Avenue was never intended to be permanent. Assistant
Engineer Sweeney stated the road is very narrow and intended
to be one -way.
Chairman Steigerwald stated the Learning Center is a tenant
of the church and in searching for a solution to traffic
problems by changing roadways and traffic circulation would
bring the church itself into play. Kathleen Dayton stated
the Learning Center is not the cause for the bulk of the
traffic. The church conducts two classes in the morning and
afternoon that include 60 children in each class. Chairman
Steigerwald stated they are part of the problem because they
are adding to the number of children attending the Learning
Center.
Page 134
Planning Commission Minutes
31,ly 1, 1986
Mr. Cannon stated it may have been appropriate for a
representative from the church to be present. Chairman
Steigerwald stated that technically the application was not
made by the church, but their tenant. Mr. Cannon stated it
seems all church activities and those trod the daycare in
the church are impacting the neighborhood.
Commissioner Plufka stated the paroblem is larger than what
the Commission is reviewing tonight, and the Commission's
task is to look at this application on its own merits. He
concurs that perhaps all are impacted by the traffic prob-
lems and that a meeting with the City Council, staff,
church, tenants, and neighbors may be appropriate.
Chairman Steigerwald stated there are three residents
present for this hearing; he inquired how many residents
were notified of the meeting. Coordinator McConn responded
that 36 property owners were notified.
Ms. Bigot stated that perhaps those others were not touched
by the problem on Forestview Lane.
Chairman Steigerwald closed the Public Hearing.
Commissioner Mellen Inquired If there were sufficient sani-
tary facilities in the church for the number of children.
Ms. Dayton stated the State of Minnesota inspects the
premises when they license a daycare, and that sanitary
facilities are more than adequate for the number of people
In the church and daycare.
Commissioner Pauba noted it is not unusual for a church to
have a daycare, but inquired about the combination of the
commercial daycare and private church school. Coordinator
McConn noted that there are a number of licensed daycare
facilities in churches in Plymouth; the churches also have
Sunday school classes and other instructional activities for
their congregation.
Commissioner Wire stated that adding to the number of chil-
dren is not the problem, but the traffic problems have been
building for some time. It should be decided whether these
problems are sufficient to warrant a traffic study for this
area. Commissioner Plufka stated it is a City concern and
Inquired it it is appropriate to ask for a traffic study for
this area. Coordinator McConn stated that a request could
be made to the Chief of Police for surveillance of the traf-
fic in regard to speed and volume] and# Public Works should
be contacted regarding installation of any signs. She noted
that the Church is a conditional use in the ,residential zone
and the problems brought forth for the church and the day-
care could be reviewed overall.
T!
w
Page 135
Planning Commission Minutes
Duly 1, 1986
MOTION by Commissioner Plufkap seconded by Commissioner MOTION
Mellen to direct staff to study the traffic problems for the
area; the circulation, exits and entrances to the church
property; speed limits; one -way roadways; and, work with
other agencies such as the Fire Department and Public
Safety.
Coordinator McConn stated the staff report does not address
the traffic problems as discussed since no concerns or
complaints have been submitted to the City during the life
of the school. Chairman Steigerwald stated these problems
have grown gradually over the years. Coordinator McConn
stated this is a good opportunity to bring these matters
forward to study and resolve.
VOTE. 6 Ayes. MOTION carried.
MOTION by Commissioner Pauba, seconded by Commissioner Wire
to defer action on this application until staff has prepared
and discussed the additional information as requested.
Roll Call Vote. 3 Ayes. Commissioners Mellen, Plufka, and
Chairman Steigerwald, Nay. MOTION failed on tie vote.
VOTE - MOTION CARRIED
MOTION TO DEFER
VOTE - TIE
MOTION FAILS
MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE
Magnus to recommend approval for the Conditional Use Permit
Amendment for The Learning Center, subject to the conditions
as listed In the dune 24, 1966 staff report, modifying
Condition Ho. 8 to limit the number of children to 74, until
the licensing is approved for 75 children in November, 1986.
MOTION to AMEND by Commissioner Wire, seconded by Commis-
sioner Magnus to add Condition No. 9 that the traffic
Information be completed and reviewed before the application
is forwarded to the City Council.
Commissioner Plufka stated he has some concern when a pro-
posal is conditioned on something over which they have no
control; and, when other parties such as the church are to
have a say in the matter. Chairman Steigerwald stated he
disagrees in that this petitioner is part of the total
problem and the condition provides a good start in clearing
up the problems.
Coordinator McConn stated that It must be understood that
even after review of the information, the Council may defer
the application back to the Commission. Chairman
Steigerwald inquired if Ms. Dayton understood this, and that
It is important for the neighborhood and the City to have
this chance to look for and find a May to alleviate these
problems before City Council takes action on the applica-
tion. She answered affirmatively.
MOTION TO AMEND
Page 136
Planning Commission Minutes
Ouly 19 1986
Roll Call Vote on Amendment. 4 Ayes. Commissioners Mellen
and Plufka, Nay. MOTION carried.
Roll Call Vote on Main Motion as once Amended. 6 Ayes.
MOTION carried.
quested an overview of the June 24, 1.986 Planning Staff
ReOVt by Coordinator McConn.
ChaIrmN Steigerwald introduced Mr. and Mrs. Becker and Tom
Loucks *n : epresents the Beckers. Mr. Loucks stated this
Is an unu l undertaking for him, as he usually represents'
development plans. However, he is doing this / ,for
Christopher ecker. The proposal complies wito, the
Ordinance sta ards and would not set a precedent. He
introduced Mrs. ose Becker.
Mrs. Becker expla ed the special features 16r this home
accwhichareto ommo to their sons needs. She stated that
Zaudtke Homes should n t be faulted as thVhad never built
a rambler in this are and were not /familiar with the
special requirements to an acces lble home for the
handicapped. She further lained It is difficult to find
a lot large enough to meet eir np6ds in the neighborhood
of their choice. They had ec ed with many people aid
found there is a severe sho age of housing for the
handicapped. They are trying,4o ulld a home where their
son can get around in his wt*el c it to all areas of the
house, and out onto the ,beck wh a he can enjoy the
sunshine. The increased house area 1s or the porch, patio,
and ramp. She belleves.1this is a rea nable request and
will cause no problems.-for anyone. The rrative with the
staff report was explained.
Chairman Steigerwald opened the Public Hearing, s there was
no one present to ipeak on this item, the Public fearing was
closed. i
MOTION by Comm ssioner wire, seconded by Commissions Pauba
to recommend proval for the Mixed Planned Unit Oevel ent
Amendment to increased lot coverage in "Glen Echo Po'tds'
for Russ an Rose Becker, and Zaudtke Homes, based on e
the specia need and unique design for an accessib
home ;and, hat similar approvals have been granted for decks
and sunr s.
Chairma SteioerwaId_Inquired_If_ the home complies with the
yard setbacks. Mr. Loucks answered affirmat ve y.
VOTE ON AMENDMENT
NOTION CARRIED
VOTE ON MAIN NOTION
NOTION CARRIED
RUSS 6 ROSE R
IJIUDTKE S
N'lA NDMENT FOR
EASED LOT
OVERACT IN "GLEN
ECHO PONDS" (86077)
MOTION TO APPROVE
4450 d 0
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: June 21, 1990 COMMISSION MEETING DATE: June 26, 1990
FILE NO.: 90029
PETITIONER: Hans Hagen Homes /Westar -Rome Partners
REQUEST: MPUD Concept Plan, Preliminary Plan /Plat /Conditional Use
Permit and Rezoning
LOCATION: Southwest and Southeast Quadrants of Medina Road and County
Road 24
GUIDE PLAN CLASS: LA -1 (Low Density Residential), CS (Service Business) and
IP (Planned Industrial)
ZONING: R -1A (Low Density Single Family Residential) and FRD
Future Restricted Development)
BACKGROUND:
At its meeting March 19, 1990, the City Council acted to defer action and
remand to the Planning Commission a conventional Preliminary Plat by Hans
Hagen Homes covering the eastern portion (east of County Road 24) of this
proposed development. At that same time, the City Council acted to authorize
establishment of a study to review area road alignment issues of Medina
Road /County Road 24 intersection. Mr. Hagen subsequently withdrew that
application.
On April 17, 1989, the City Council, by Resolution 89 -195, approved the Final
Plat and Development Contract for the "Plymouth Meadows" plat, a portion of
which is included in the south center of this PUD Plan. The rezoning of the
Plymouth Meadows area from FRD to R -1A was published February 1, 1990.
Proposed is an MPUD Concept and Preliminary Plan and Rezoning for the
Development of a 66 -acre site into 76 single family building lots; 2
freestanding commercial sites; and one freestanding industrial site.
Notice of this MPUD Concept Plan Public Informational Meeting and MPUD
Preliminary Plan Public Hearing have been published in the official City
newspaper, and all property owners within 500 feet have been notified. A
development sign has been placed on the property.
see next page)
File 90029
Page Two
PRIMARY ISSUES AND ANALYSIS:
A
I. The Physical Constraints Analysis shows this site to be located within
both the Gleason Lake and the Bassetts Creek Drainage Districts; to
contain storm water holding areas required by the City of Plymouth (Pond
BC -P2); not to be a part of a Shoreland or Flood Plain Overlay District;
to contain wetlands subject to both state and federal regulations in the
western portion of the site; not to contain woodlands of significant
stature as defined by the analysis; does not contain slopes of greater
than 12 percent; and to contain some soils unsuitable for urban
development -- generally related to the wetland areas noted previously.
This site is suitable for urban,development with municipal utilities, and
the site design generally relates well to the constraints noted, and
preserves the natural site features -- particularly the wetland areas.
2. From the total site are of 65.8 acres, the applicant proposes 7.7 acres to
be used for either commercial or industrial purposes consistent with the
guiding of those portions of the site, and we find 14.33 acres to be below
the ordinary high water level of Plymouth Storm Water Pond BC -P2. A .86-
acre portion of the "high ground" located in the extreme west center of
the site is that part of the required City public park proposed for
dedication that lies above the ordinary high water mark of Pond BC -P2.
The net site available for calculation of residential density is 43.37
acres. The 76 units of single family housing proposed results in a
proposed density per net acre of 1.775 units.
The applicant proposes the use of no bonus points for design feature of
the PUD. The PUD would be eligible for 2 bonus points and a resulting
density of 2.2 units per net acre based on project scale of over 40 acres.
3. The PUD Plan proposes a landscape buffer outlot as private open space,
totalling 2.1 acres paralleling proposed Medina Road and County Road 24
roadway corridors. This is the only open space area of the plat proposed
that is not a part of a required public park or a City storm water
drainage area. Qualifying open space, therefore, is proposed at
approximately 5 percent of the overall net site area devoted to
residential uses.
4. All residential development is proposed to be single family detached. Lot
sizes are proposed to be a minimum of 11,650 square feet, but will average
20,506 square feet. Lot sizes east of proposed County Road 24, and
particularly east of proposed Garland Lane, average less than for the area
of the plat west of proposed County Road 24. Proposed lot width at the
setback line is a minimum of 75 feet with the exception of a single
anhandle" lot proposed to front 32nd Avenue North (proposed Lot 7, Block
2 with a width at the front setback line of 55 feet.
see next page)
File 90029
Page Three
5. The applicant, in a narrative dated April 27, 1990, discusses the
responsiveness to the proposed MPUD Plan to both the PUD attributes and
the Conditional Use Permit standards found in the Zoning Ordinance.
6. The Preliminary Plan proposes street setbacks of 25 feet for all lots west
of County Road 24; 35 feet for all lots east of County Road 24; 50 feet to
Medina Road and County Road 24, west of County Road 24; and 20 feet to
Medina Road for lots located east of County Road 24. The applicant states
that the 25 -foot street setback for interior lots west of County Road 24
is required to minimize intrusion on state and federal wetlands in that
area of the PUD.
The applicant proposes to substitute berming and landscaping for the
otherwise - required 50 -foot setback to Medina Road for the lots east of
County Road 24. The applicant states that the proposed reduction in
setback to Medina Road for these lots is the result of the unusual shape
of the parcel that results after the Medina Road right -of -way is
accommodated on the site.
The applicant proposes 10 -foot interior side yards for all lots proposed.
A 10 -foot interior side yard has been the minimum approved with recent PUD
Plans. The Ordinance standard side yard in the R -1A District is 15 feet.
The applicant makes no proposal with respect to rear yard setback, and it
is therefore assumed that the 25 -foot standard of the R -1A District
except abutting arterial streets) is the standard proposed.
7. The applicant has presented a PUD Concept and Preliminary Plan for the
development of the Commercial Service guided sites east of proposed County
Road 24 and north of proposed Medina Road consisting of three freestanding
food facilities; and a freestanding convenience store with gas
dispensing on two outlots of 2.5 acres and 3.8 acres. Minimum lot area in
the B -3 Zoning District is /are Further division of proposed
Outlot A" will be required to create a site of at least 1 acre for each
food" facility. The food facilities are arranged with access off a
public semicircular road (Garland Lane /Dunkirk Lane). Additional access
is proposed on a "right -in /right -out" basis, from the convenience store to
County Road 24.
8. The PUD Plan proposes a "warehouse" structure located on the 1.8 -acre
remnant parcel designated as " Outlot C" of the Preliminary Plat, and
located at the northwest corner of proposed County Road 24 and proposed
Medina Road. It should be noted that, at 1.8 acres, the industrial site
proposed is below the minimum of 2 acres required in the Zoning Ordinance
for industrial lots.
No specific use or disposition of Outlot E (.2 acres) is stated by the
applicant. The triangle is guided LA -1.
see next page)
File 90029
Page Four
9. No specific review has been undertaken with respect to site features such
as setbacks, parking, landscaping, or other dimensional aspects of the
Zoning Ordinance or City Code with respect to the commercial or industrial
sites. Specific MPUD Final Site Plans are required for these sites, and
review comments with respect to site design details are not possible until
those Site Plans have been presented. We do note, however, that the
proposed convenience store depicts a freestanding gas pump canopy,
inconsistent with the Zoning Ordinance requirement that such facilities be
attached to the principal structure.
10. A significant issue impacting the design of this PUD Plan is the
relationship of the Plan to the thoroughfare street system crossing this
area of the City. At its meeting June 19, 1990, the Planning Commission
adopted two recommendations to the City Council with respect to
thoroughfare streets proposed by the Thoroughfare Guide Plan portion of
the Transportation Plan for this immediate area. The initial
recommendation was for the location of County Road 24 and Medina Road for
this area of the City to be consistent with the Preliminary Plan proposal
of this application. At the Public Meeting concerning County Road
24 /County Road 9, the roadway alignment recommended was referred to as the
McCombs, Frank, Roos West Alignment ", and it is consistent with the
roadway alignment proposed by this PUD Concept and Preliminary Plan.
The City Council will be reviewing the recommendations of the City traffic
consultant and the Planning Commission during July. Any recommendation
concerning this PUD should be subject to a final decision by the City
Council with respect to the alignments of County Road 24 and Medina Road.
A second recommendation of the Planning Commission at the meeting of June
19, 1990, was that the City Council consider amending the Thoroughfare
Guide Plan to delete a direct linkage between Medina Road and Vicksburg
Lane as now proposed by the Thoroughfare Guide Plan. We do not, at this
time, know what will transpire with respect to this recommendation, but we
do not believe that, even if the recommendation were to be adopted, the
roadway alignments for Medina Road and County Road 24 would be
significantly altered in this particular location.
11. The applicant proposes to combine consideration of the MPUD Concept Plan
and the MPUD Preliminary Plat /Plan /Conditional Use Permit as a single
application. The Zoning Ordinance requires findings by the Planning
Commission with respect to the Concept Plan to include the following:
a. Relationship with a proposal to the surrounding neighborhood. The PUD
Plan proposes uses that are consistent with surrounding land uses
and /or land use guiding along the entire periphery of the project.
Specifically, guiding is Planned Industrial west and north of Medina
Road; Low Density Residential west, south, and east of the project
site; and Service Commercial north of the project site, east of Medina
Road.
see next page)
File 90029
Page Five
b. Compliance with City
proposed PUD Concept
with respect to land
Also as noted above,
those City ordinances
as items of PUD fle
1.775 dwelling units
without bonus points.
Ordinances and the Comprehensive Plan. The
Plan is consistent with the Comprehensive Plan
use guiding and thoroughfares, as noted above.
the proposed Concept Plan is consistent with
and policies that the applicant does not propose
xibility. Proposed net residential density in
per acre - -well within the LA -1 density range
12. The Zoning Ordinance requires the Planning Commission to report to the
City Council and base its recommendations regarding a PUD Preliminary
Plan/Plat/Conditional Use Permit on at least the following factors:
a. Compatibility with stated purposes and intent of the Planned Unit
Development. The primary issue to be considered is whether the PUD
Plan in its Preliminary Plan level of detail is responsive to the
stated purposes of the Planned Unit Development Ordinance sufficiently
to qualify as a Planned Unit Development.
b. Relationship of the proposed plan to the neighborhood in which it is
to be located, the City's Comprehensive Plan, and to other provisions
of the Zoning Ordinance. Review of the plan in the concept stage has
referenced the general compatibility of the proposed plan to the uses
or planned uses surrounding the site; the Comprehensive Plan; and the
provisions of the Zoning Ordinance. Those same relationships exist,
as noted with the Concept Plan in the proposed Preliminary Plan.
c. Internal organization and adequacy of various uses or density;
circulation of parking facilities; recreation areas; and open spaces.
PLANNING STAFF COMMENTS:
A. Concept Plan
1. We find the proposed Concept Plan to relate well to the surrounding
existing land uses, and the land use guiding of surrounding land that
is not as yet developed. The plan proposes single family detached
housing in areas of the site that adjoin existing or planned single
family detached housing, and commercial /industrial use in areas of the
site that are guided for such use and adjoin other areas that are
guided for that use. The "spot densities" of the single family lots
that are proposed east of County Road 24 is somewhat higher than the
existing development to the south, but the impact on those existing
homes to the south would not change appreciably with a reduction in
the number of lots proposed due to the 90 degree orientation of the
proposed lots to the existing lots. We doubt whether there would be
any perceived difference from a redesign to reduce the density of the
proposed lots.
see next page)
File 90029
Page Six
2. We find the proposed Concept Plan to be consistent with the applicable
elements of the Comprehensive Plan, specifically the Thoroughfare
Guide Plan portion of the Transportation Plan; the Storm Water
Drainage Plan; and the Parks and Trail Plan. Compatibility with the
Sanitary Sewer and Water Distribution Plans is dependent upon the
completion of trunk service extensions that are authorized in the 1990
Capital Improvements Program for which contracts are not now scheduled
for award until late 1990, with service not to be available to these
areas until at least 1991.
B. PUD Preliminary Plan /Plat /Conditional Use Permit
1. We find the commitment of complex site of over 65 acres involving
multiple land use types and key Thoroughfare Guide Plan street
corridors to be a prevailing attribute that qualifies this plan for
PUD status. The fact that multiple ownerships are involved further
adds to the complexity, and therefore the benefits to the City of
Plymouth of a PUD Plan. The overall project density proposed and the
degree of Zoning Ordinance dimensional flexibility requested appears
to be "in balance" with the PUD attributes offered, particularly the
attribute of project scale.
2. We find the PUD Preliminary Plan /Plat /Conditional Use Permit to
present a positive relationship 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, except as noted with respect to
the elements of flexibility and dimensional standards proposed.
3. We find the internal organization and adequacy of various uses or
densities to be appropriate.
4. We find the proposed circulation and parking facilities, to the degree
such items are reviewed at the Preliminary Plan stage, to be
reasonable except with respect to the proposed direct access from the
convenience center" to County Road 24. We recommend that that access
be deleted from the Preliminary Plan and that all access to the
convenience center be from Garland Lane only.
5. We find that no active private open space is proposed other than the
trail corridor off the end of 34th Avenue North. We find, however,
that extensive passive open space will be in the ownership of a
homeowner's association as a function of design, and the overall
density of the project is such that substantial private open space
remains with each of the 76 lots proposed.
6. No use is specified for proposed Outlot E. This parcel must be
specifically encumbered as to ownership and maintenance.
see next page)
File 90029
Page Seven
7. We find the proposed Preliminary Plan to be responsive to the related
City Ordinances and Policies except with respect to setback proposals
proposed as elements of flexibility.
We are not supportive of a "blanket" street setback of 25 feet for all
lots west of County Road 24. Recent Planned Unit Developments
elsewhere in the community have been approved with the provision that
the street setback may be modified from the 35 -foot R -1A standard to
25 feet on a case -by -case basis where it is demonstrated by the
developer that such a modification will specifically save natural
resources, including wetlands.
8. We find the proposed Landscape /Berming Plan parallel to Medina Road
between Garland Lane and Dunkirk Lane to be insufficient to provide
the substitute transition from the thoroughfare street that is
required when reducing the setback from the required 50 feet to a
proposed 20 feet, as the applicant proposes. The berm height is
little more than 4 feet from the first floor elevations of the
proposed homes, and the proposed landscape materials are of less size
than our Landscape Code would specify.
The transitional benefit will be minimal until many years into the
future when the landscape materials would mature. We recommend that
the Landscape Plan for transition in this area be amended to increase
berm height to 8 feet and landscape material sizing to be consistent
with the minimums contained in the Landscape Policy. Otherwise, the
full ordinance minimum building setback should apply. Our concern is
with the future residents, not the developer's design preferences.
The design of lots and building footprints should respect road
alignments and natural features.
Our concern directly relates to the future high speed, high volume
plan for Medina Road. Protection of future homeowners from traffic
impacts of Medina Road is of primary importance.
9. The size deficiency of the I -P parcel ( Outlot C) is related to the
petitioner's selection of road alignments. The potential deficiency
is compounded by the inclusion of half of the current Medina Road
right -of -way in the 1.8 acre total. We recommend no variances for
parcel size or other dimensional standards of the Zoning Ordinance be
approved or implied by approval of this Preliminary Plan /Plat. Outlot
C should remain an outlot until sufficient land can be added (perhaps
the other half of the Medina Road right -of -way after vacation ?) to
create a parcel of standard size.
see next page)
File 90029
Page Eight
RECOMMENDATION:
I hereby recommend approval of the Concept Plan for the "Seven Ponds Second
Addition" I also recommend approval of the MPUD Preliminary
Plan /Plat /Conditional Use Permit for the "Seven Ponds Second Addition" subject
to several standard conditions of such approval and additional conditions
related to the staff comments noted above.
Submitted by:
Charles E. Dillerud, Community Development Coordinator
ATTACHMENTS:
1. Draft Resolution for Approval of the MPUD Concept Plan for "Seven Ponds
Second Addition"
2. Draft Resolution for Approval
Plan /Plat /Conditional Use Permit for the
3. Engineer's Memorandum
4. Petitioner's Narrative
5. City Council Minutes of March 19, 1990
6. Planning Commission Minutes of February
7. Location Map
8. Large Plans
pc /cd /90029:dl)
of the MPUD Preliminary
Seven Ponds Second Addition"
28, 1990
APPROVING MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR HANS HAGEN
HOMES /WESTAR -ROME PARTNERS (90029)
WHEREAS, Hans Hagen Homes /Westar -Rome Partners has requested approval for a
Mixed Use Planned Unit Development Concept Plan for property located at the
southwest and southeast quadrants of Medina Road and County Road 24; and,
WHEREAS, the Planning Commission has reviewed the 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 Mixed Use Planned Unit Development
Concept Plan for property located at the southwest and southeast quadrants of
Medina Road and County Road 24, 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. Maximum density shall be 1.775 units per acre for the land at or above the
established high water elevation per the adopted City Storm Water Drainage
Plan as verified by the City Engineer.
4. Draft restrictive covenants for the private open areas shall be submitted
with Preliminary Plat /Plan application.
5. No private drive access shall be permitted to Medina Road and County Road
24; all private drives shall be provided by internal public streets.
6. No approval is hereby granted for structure setbacks or other dimensional
standards that related to the zoning or Subdivision Ordinance.
7. Approval is conditioned on the concurrence of the Metropolitan Council
with Land Use Guide Plan amendments affecting this site previously
approved by the City Council.
APPROVING MIXED USE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT /CONDITIONAL
USE PERMIT FOR HANS HAGEN HOMES /WESTAR -ROME PARTNERS (90029)
WHEREAS, Hans Hagen Homes /Westar -Rome Partners has requested approval for a
Mixed Use Planned Unit Development Preliminary Plan /Plat /Conditional Use
Permit for property located at the southwest and southeast quadrants of Medina
Road and County Road 24; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY
PLYMOUTH, MINNESOTA, that it should and hereby does
Hans Hagen Homes /Westar -Rome Partners for a Mixed Use
Preliminary Plan /Plat /Conditional Use Permit for p
southwest and southeast quadrants of Medina Road and
to the following conditions:
1. Compliance with the City Engineer's Memorandum.
COUNCIL OF THE CITY OF
approve the request by
Planned Unit Development
roperty located at the
County Road 24, subject
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No building permits shall be issued until a contract has been awarded for
sewer and water.
4. Provisions for a 30 -foot wide trail easement along County Road 24 per
Comprehensive Park Plan, as verified by the Parks and Engineering
Departments, with submittal of detailed plans as to construction of the
trail per City standards.
5. Payment of park dedication fees -in -lieu of dedication with appropriate
credits in an amount determined according to verified acreage and paving
costs and dedication of .86 net acres for a neighborhood park and
according to the Dedication Policy in effect at the time of filing the
Final Plat with Hennepin County.
6. Street names shall comply with the City Street Naming System.
7. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures in subdivisions adjacent to, or containing any open
storm water drainage facility.
8. Rezoning shall be finalized with the filing of the Final Plat.
9. No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
10. Approved setbacks for residential lots are 35 feet front except Medina
Road and County Road 24; 10 feet side and 25 feet rear. Exceptions may be
approved for specific lots based only on a demonstrated perservation of
natural site features directly related to the reduced setback.
see next page)
Resolution No.
File 90029
Page Two
Setback to Medina Road and County Road 24 shall be consistent with the
minimum Zoning Ordinance standards.
11. Private drive access shall be limited to internal public roads and
restricted from County Road 24 and Medina Road.
12. Appropriate legal documents regarding Homeowners' Association documents,
covenants and restrictions as approved by the City Attorney, shall be
filed with the Final Plat.
13. No project monument signage is proposed or approved by this action.
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 O
to
Planning Commission & City Council
June 20, 1990
90029
Mr. Hans Hagen, Hans Hagen Homes, 2353 Rice Street North, St.
Paul, MN 55113
Mr. Richard Bloom, West /Rome Partners, 14600 Woodruff Road,
Wayzata, MN, 55391
SEVEN PONDS 2ND ADDITION
West of Dunkirk Lane, south of Medina Road in the northwest 1/4 of
Section 20
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: Sanitary sewer area charges for Outlot A.
difference between residential and commercial rate 3.8 acres X $440
an acre = S1,672. Sanitary sewer area assessment, Outlots B and C.
4.3 acres X S1,320 per acres = $5,676. Sanitary area assessments,
residential, 75 lots - 13 lots previously assessed = 62 lots X S440
ner acre = $27,280. Watermain area assessment, commercial, 8.1 acres
X .2,370 per acre = $19,197. Watermain area assessments, 75 units
two units previously assessed = 73 units X S790 = S57,670.
5. Other additional assessments estimated: Project 906 estimated
assessments, residential, 170 feet X $22.50 per foot = $3,825.00.
Commercial, 2030 feet X $26.50 per foot = S53,795.00. Residential,
west of County Road 24, estimated assessment would be based on one -
half the cost of a 36 foot wide 7 ton street. East of County Road
24, the assessment would be for concrete curb and gutter.
Commercial, the estimated assessment for commercial property would be
one -half the cost of a 52 foot wide 9 ton street. Medina Road
Project 010, the estimated cost will be detailed in the Development
Contract. The developer shall sign a petition for Medina Road street
and utilities waiving their rights to a Public Hearing concerning the
assessments. If County Road 24 is constructed along the prolosed
alignment, assessments would be based on the policy for minor
arterial street.
13
LEGAL /EASEMENTS /PERMITS:
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.
N/A Yes No
7. _ _ X All standard utility easements required for construction are provided
The City will require twenty foot (20') utility and drainage
easements for proposed utilities along the lot lines where these
utilities are proposed to be installed. This item has been reviewed
with the final plat and final construction plans.
8. _ _ 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. A drainage easement for ponding purposes
of t44 , AWO 4V0 4 OUT 11 " ! WSi-•Z•3ii•FI1Va•1Hd•I•lY=i-
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 Old County Road 24-
iC " iT• hll7uC - T[• i': •llial•[••i= aa•r- _ssa•
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 -
N/A Yes No
12. X _ _
The following permits must be obtained by the developer:
X DNR
X MnDOT
X Hennepin County
X MPCA
X State Health Department
X Bassett Creek
X Minnehaha Creek
Elm Creek
Shingle Creek
X Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
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. The street names will be reviewed by the Building
Department when a 200 scale drawing . submitted.
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.
1- ..11 !•
LO 0
1 - - • !
14. _ _ X Acceleration /deceleration lanes provided -
Acceleration /deceleration lanes are required at the intersection AB
rye uired by Hennepin County.
15. _ _ X All existing street rights -of -way are required width -
Additional right -of -way will be required on the right -of -way for
County Road 24 shall be to the width established by Hennepin County,
UTILITIES:
N/A Yes No
16. _ _ X
N/A Yes No
Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsible
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional
engineer must prepare the plans and profiles of the proposed sanitary
sewer, watermain, storm sewer facilities and streets to serve the
Development. See special conditions.
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.
special conditions.
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 be responsible for the construction of Medina
Road east of County Road 24 and will be reimbursed for the cost with
the exception of the concrete curb and gutter on the south side of
Medina Road, and half the cost of a 52 foot wide street with curb and
gutter along the commercial property north of Medina Road, or the
developer may petition the City to construct the road.
19. _ _ X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following
lots.
F] •Zlsr l T Q i'7 =i "i 7 S".fIK3-ia ta`1 =1f •3ltK• d= = 7-YK =1 •) l 4=1 ! [=I! ••y 1 ['
r • ! ! ! ' • 1 'i -= TI* II -
Ell
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: The City will be
constructing a 20 inch watermain within Medina Road under Project
010.
21. _ X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
N/A Yes No
22. _ X It will be necessary to contact Bob Fasching, the City's utility
foreman, 24 hours in advance of making any proposed utility
connections to the City's sanitary sewer and water systems. The
developer shall also be responsible for contacting Jim Kolstad of the
Public Works Department for an excavating permit prior to any digging
within the City right -of -way. All water connections shall be via
wet tap.
23. _ _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to
the City's Consulting Engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan. All
of their recommendations shall be incorporated in a revised plan.
The grading and drainage plan shall also indicate proposed methods of
erosion control, including the placement of silt fence in strategic
locations. Additionally, the following revisions will be necessary:
Shall comply with all agency permits.
24. A. The 997.0 elevation for Lot 5 in the northeast corner of 33rd and Jewel shall
be changed to 998.0.
B. A 100 year pond elevation shall be provided for the pond within Lots 6 and 7,
Block 2. The lowest floor shall be two feet above this elevation. A drainage
easement for ponding purposes shall be provided on the Final Plat.
C. On the Final Grading Plan details shall be provided for all overflow swales.
D. Block numbers in the Preliminary Plat do not match the block numbers on the
Grading Plan or Utility Plan.
E. The manholes shall be numbered to correspond to the manhole schedule on the
Preliminary Utility Layout.
F. Additional gate valves will be required at the intersections of Holly Lane and
Medina Road, Holly Lane and County Road 24, and gate valves on either side of
the watermain extended into 33rd Avenue off Jewel Lane.
G. Add a fire hydrant at the intersection of Holly Lane and Medina Road and at the
dead end of the watermain at the west end of 32nd Avenue.
H. Relocate the fire hydrant on the common property lines of Lots 1 and 2 Block 1
to the intersection of 34th Avenue and Jewel Lane. Also relocate the fire
hydrant between 5 and 6 Block 3 to the intersection of Jewel Lane and 33rd
Avenue. Also add a hydrant at the intersection of Fountain Lane and Medina
Road.
I. Rerouting the sanitary sewer through Stone Creek requires the sanitary sewer to
be lowered within that plat. A written agreement must be submitted to the
developer of Stone Creek agreeing to the extra depth.
J. Commercial Outlots A, B, and C shall be changed to lots and blocks.
K. The Preliminary Plat shall show how access will be provided to the property
north of Dunkirk Lane and Garland Lane and north of the commercial property
identified as Outlot C west of County Road 24.
L. Pond calculations shall be submitted For Pond BC -P2 with the Final Grading Plan
to ensure the required storage is available in the Stone Creek /Seven Ponds 2nd
Addition, or Pond BC -P3, must be constructed or on site storage provided.
M. Field tile if encountered for storm drainage shall be connected to the new
storm sewer unless it can be determined the tile is no longer functioning.
N. The developer's surveyor shall confirm that the alignment of 33rd Avenue in
Stone Creek matches the alignment in Seven Ponds Second Addition.
0. Driveway access will not be permitted to County Road 24 or Medina Road. The
only exception would be access to Medina Road for Outlot C.
P. The developer is responsible for the relocation of the watermain, sanitary
sewer, and storm sewer within that portion of County Road 24 proposed to be
vacated.
Q. The proposed drainage swales adjacent to the Isaiah Addition shall not be
allowed. Storm sewer pipe shall be installed.
R. All overflow swales shall be sodded after grading is complete.
S. County Road 24 must be relocated before the Final Plat is filed or the existing
right -of -way for County Road 24 remain as is with the remainder of the affected
property platted as outlots. In any case, proposed County Road 24 and Medina
Road Right -of -Way shall be dedicated on the Final Plat.
T. A cul -de -sac shall be constructed on Holly Lane at its terminus near County
Road 24 Right -of -Way. The cul -de -sac length will exceed City standards,
however, as proposed, Holly Lane may be used as a shortcut between Medina Road
and County Road 24. Also, it is desirous to limit access to minor arterial
roads. An emergency access would be required from County Road 24 to Holly
Lane.
Submitted by: 1 _V_"__
Daniel L. Faulkner, P.E.
City Engineer
L,aiJ Concept Corporat.,xi.
14600 Woodruff Road
Wayzata, MN 55391
612) 475 -9005
Mr. Chuck Dillerud, City Planner
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Subject: Seven Ponds Second Addition
Development Plan. Rezoning
Use Permit and Preliminary
Dear Mr. Dillerud;
April 27, 1990
MPUD Concept Plan and General
Application from FRD Conditional
Plat.
Attached, please find our application materials for Seven Ponds Second
Addition Mixed Use Planned Unit Development. The application is
2 submitted by Land Concept Corporation for Westar /Rome Partners who
control the Westerly 40 acres (62 lots), Hans Hagen homes who controls
J the Easterly 20+ acres (15 lots and 5 outlots) and Mr. & Mrs. Dahl who own
the Northerly two lots of Plymouth Meadow. *All of the land owned by
Q Westar /Rome Partners and Hans Hagen Homes in this area of Plymouth is
included in the MPUD application (i.e. we do not own any contiguous land).
i Mr. and Mrs. Dahl are combining and re- deviding lots 10 and 11 Block 1,
o Plymouth Meadow due to the realignment of area roadways. They also
own lots 1 -9 Block 1 Plymouth Meadow, which is not included in the
application. The lots will remain as currently platted and are currently
being developed. . Appropriate permission has been obtained from all
parties involved.
The following materials are submitted to assist in your review:
1. A completed application.
2. Appropriate drawings depicting the MPUD Concept Plan, MPUD
General Development Plan, Conditional use Permit to allow the
MPUD, and Preliminary Plat.
Mr. Chuck Dillerud Page 2
3. Narrative indicating compliance with the MPUD zoning
standards.
4. Narrative indicating compliance with the Conditional Use
Permit standards.
The following is a general overview explaining the development request:
REZONING REQUESTED
We are requesting rezoning from FRD to MPUD for approximately 60 acres
of land. The area south of re- aligned Medina Road is guided for low
density residential (LA -1) and is designed in accordance with R1A zoning
The two lots in Plymouth Meadow are currently zoned R1A). The area
north of re- aligned Medina Road and east of re- aligned County Road 24 is
guided Service Business and is designed in accordance with the B -3
standards. The area north of re- aligned Medina Road and west of re-
aligned County Road 24 is guided Planned Industrial and is designed in
accordance with I -1 zoning.
LOCATION
The Seven Ponds Second Addition Planned Unit Development encompasses
approximately 60 acres located west of existing Dunkirk Road, south of
existing MedineRoad, and north of the existing Seven Ponds plat.
Mr. Chuck Dillerud Page 3
PROPOSED LAND USES
The applicant is proposing the following land use:
Use Acres Units
County Rd 24 3.1 5.3
Medina Road 2.2 3.7
Total Major
Roadway 5.3 9.0
Residential:
Seven Ponds W 40.0 67.6 62
Seven Ponds E 6.2 10.5 15
Total Residential 46.2 78.1 77
Commercial:
Outlot A, B 6.1 10.3
Industrial:
Outlot C 1.6 2.7
UTILITIES
Twelve acres of the property are presently served by sanitary sewer and
water. The balance of the property will be served by sanitary sewer and
water from an extension of the trunk line along Medina Road and sanitary
sewer by the extension of trunk sewer from the north side of Highway 55.
The entire site is presently served by telephone and natural gas.
PLYMOUTH TRANSPORTATION PLAN
The published transportation plan by the City of Plymouth calls for the
realignment of County Road 24 and County Road 9 so the roadways
intersect at Highway 55 and Dunkirk Lane. The transportation plan
designates public and semi - public area for an interchange at the existing
Dunkirk /Highway 55 intersection.
Probably the most important aspect of the Seven Ponds planned unit
development is its design around the Highway 55 and County Road
24 /County Road 9 interchange and the intersection of Medina Road with
Mr. Chuck Dillerud Page 4
County Road 24. After meeting with the City staff, engineers, surveyors
and planners, we established specific requirements for the Seven Ponds
design:
1. A 90 degree intersection at Medina Road and County Road 24.
2. The alignment of Medina Road as it crosses Dunkirk Lane in
accordance with a plat recommended by the City staff and approved
by the Planning commission.
3. A sufficient distance between the county Road 24 ramps south of
Highway 55 and the intersection of Medina Road and county Road 24.
4. Right -in and right -out access to property on the northeast corner of
Medina Road and County Road 24 so that a minimum of congestion
would occur at the intersection of Medina Road and County Road 24.
5. Move the Garland Lane access from County Road 24 to Medina Road.
6. Eliminate all driveway access on Medina Road.
7. Access to the industrial parcel off Medina Road only at a safe
distance from the intersection.
MPUD DESIGN GUIDELINES
The Planning Commission and City Council have determined that the
highest and best land use for the property in the northeast quadrant of
County Road 24 and Medina Road is service business and the property in
the northwest quadrant of County Road 24 and Medina Road is industrial.
All property south of Medina Road is residential. The planned unit
development contemplates substantial berms and landscaping on the
douth side of Medina Road as a signigicant buffer between the residential
property and the commercial or industrial property to the north. The PUD
also contemplates significant landscape forms to further define the
residential versus the coin mercial/industrial use. This will give the
residents a sense of entering a residential area as they travel southwest on
County Road 24. The proposed commercial buildings will be scaled smaller
and include such architectural features as hip and gable roofs and brick
exterior with coined corners in order that the buildings fit in with the
residential neighborhoods. Lighting will be controlled so it does not spill
into the residential neighborhood and a single pylon sign will be used to
identify the services.
Mr. Chuck Dillerud
MPUD PROPOSED SETBACKS
Page 5
The industrial component of Seven Ponds has been designed in accordance
with the I -1 zoning standards. The commercial component of Seven Ponds
has been designed in according with the B -3 standards. The following
setbacks are requested for the residential component:
1. A twenty five foot (25) front yard setback is requested for all 62 lots
located West of County Road 24 (Lots 1 -38 Block 1 and Lots 1 -24
Block 2). This variance is requested in order to minimize intrusion
into the wetland areas and provide a "buffer" from the backs of the
housing pads to the Army Corps of Engineers designated wetlands
993 elevation). Fifty foot side yards will be maintained from
Medina Road (Lot 24, Block 2, Lots 15 and 16, Block 1) and proposed
realigned county Road 24 (Lot 1, Block 1). Ten foot interior side
yards will be maintained for all other lots.
2. A twenty foot (20) corner lot sideyard setback is requested for Lot 1,
Block 3 and Lots 1,3,7 and 8, Block 4. This setback is required in
order to eliminate all driveway access onto Medina Road and is also
attributed to the peculiar shape of the resulting land parcel after
Medina Road is realigned through this portion of Seven Ponds.
Berming and extensive landscaping is proposed to minimize the
impact. Thirty five foot front yard and ten foot interior side yard
setbacks will be maintained for all other lots in the Eastern portion of
Seven Ponds (15 lots)
SUMMARY OF SALIENT FEATURES
The Westerly portion of Seven Ponds is being developed by Westar/Rome
partners and contains approximately 40.79 acres net of exterior roadways.
Other features are as follows:
Number SFD Lots
Minimum Lot Size
Maximum Lot Size
Average Lot Size
Lot Width at Setback
Park Outlot
62
15,000 Sq Ft.
53,550 Sq Ft.
23.650 Sq Ft.
85 -160' 90' Avg.
2.65 Ac.+
0
a. O
The easterly portion . *,en Ponds is being develo, I Hans Hagen
homes and contains approximately 20 acres. Other features are as follows:
Number SFD Lots
Minimum Lot Size
Maximum Lot Size
Average Lot Size
Lot Width at Setback
Outlot A (Comml.)
Outlot B (Comml.)
Outlot C (Ind.)
Outlot D (Buffer)
Outlot E (road severed)
15
11,625 Sq Ft.
29,450 Sq Ft.
18,500 Sq Ft.
70 -120' 85'Avg.
3.8 Ac.
2.5 Ac.
1.8 Ac.
2.1 Ac.
10,700 Sq Ft.
We believe that Seven Ponds MPUD as designed and proposed will become
a unique asset to the City of Plymouth. We pledge our continued
cooperation to bring about continued high quality development for the
City. If you have any questions, please do not hesitate to contact me.
Thank you for your continued cooperation.
Respectfully Submitted,
6 4'
Richard Bloom
RB /ns
SEVEN PONDS SECOND- CONFORMANCE WITH SECTION 9, SUB. B.
PLANNED UNIT DEVELOPMENT STANDARDS.
Seven Ponds has been carefully designed to meet or exceed the standards
for Planned Unit Development review. Our response to the PUD standards
is as follows:
1) Benefits from new technology in building design,
construction and land development.
New technology will be used in the construction of all homes in
Seven Ponds East and many of the homes in Seven Ponds West.
They include:
a. Radon mitigation system. This system substantially reduces
the cost of repair if radon is discovered in any home.
b. Induced draft heating system. This eliminates backdraft of
uncombusted and combusted natural gas, a prime contributor
to indoor air pollution.
C. Reduced air infiltration. Installation of permeable wrap around
all windows, at rim joists and corners to eliminate the effects of
wind in wall cavities.
2) Higher standards of site and building design through use of
trained and experienced professionals in Land Planning,
Architecture and Landscaping to prepare plans for Planned
Unit Developments.
The Seven Ponds development established a new level of excellence
in land planning by:
a. maintaining a residential scale in commercial buildings which
are across the street from single family homes.
b. architecture for the commercial component that has residential
features (roof designs and extensive architectural detail found
in residential construction).
C. reserving space for berms and landscaping to designate a
change in land use and to buffer different land use.
d. provide convenient services that are necessary in
contemporary communities.
e. eliminate congestion by establishing safe and convenient access
to the commercial service.
f. reduce citizen trips by clustering service normally found in
multiple locations (gas, cleaners, deli, video).
PUD Standards Page 2
3) More efficient and effective use of streets, utilities and
public facilities to yield high quality development at a
lesser cost.
Seven Ponds will use two
Project elevation has been
extension. The realignment
single plat should save the
meet the efficient and tho
1970's.
different sanitary sewer trunk systems.
established to minimize the trunk
of County Road 24 and Medina Road in a
City hundreds of thousands of dollars and
ughtful transportation plan adopted in the
4) More usable and suitably located recreation facilities and
other public and common facilities than would otherwise be
provided under conventional land development procedures.
Seven Ponds includes land that will be dedicated for park centrally
located in the quadrant bound by Medina Road, Highway 101 and
county Road 24. The park is linked to a trail system that connects
the Sherber proposed development on the West with the business
located on the east end of Seven Ponds. The path system has been
designed to connect with the path system that will be developed on
the north side of Highway 55. The path and park system that will be
developed on the north side of Highway 55. The path and park
system will take advantage of the beauty of the wet lands.
5) Demonstration of affirmative design efforts toward the
preservation and enhancement of desirable natual site
characteristics. (Amended Ord. No. 82 -15)
The natural characteristics of the site have been preserved by
placing the homes behind an imaginary line that defines the
boundaries of the wet land. We understand it is important to
preserve the wetlands because they facilitate the regeneration of the
water table, provide a home and nesting for wildlife and contribute
to the economic value of the neighborhood. The width of the lots
backing up to wet lands and the front yard setback also contribute to
preserving the natural character of the site.
SEVEN PONDS SECOND - CONFORMANCE WITH CONDITIONAL USE
PERMIT STANDARDS FROM SECTION 9, SUB. A.
The Seven Ponds project is proposed to be zoned and developed as a mixed
use planned unit development (MPUD). The Plymouth Zoning Ordinance
requires that Planned Unit Developments obtain a Conditional Use Permit
and demonstrate that the project conforms to the following standards:
1) Compliance with and effect upon the Comprehensive Plan.
The recently adopted Plymouth Comprehensive Plan proposes Low
Density Residential South of re- aligned Medina Road, Planned
Industrial North of re- aligned Medina road and West of re- aligned
County Road 24 and Service Business north of re- aligned Medina
Road and East of re- aligned County Road 24. The Seven Ponds MPUD
consists of low density residential, industrial and service business
uses consistent with the Comprehensive Plan, Moreover, given the
other plan elements such as transportation and utilities, the proposed
project allows the City to realize these significant goals and affords
greater city control inherent in the MPUD application.
2) The establishment., maintenence 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.
All land uses proposed are consistent with the Plymouth
Comprehensive Plan. Public safety will be improved when Medina
Road and County Road 24 is reconstructed within the proposed right
of ways. The general welfare will be fostered by the preservation of
wetland areas planned for area -wide stormwater ponding and
eventual discharge and preservation of significant woodlands.
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 current uses already permitted include single family detached
housing along County Road 24, a municipal fire station east of
Dunkirk Lane and agricultural /industrial uses north of Medina Road.
The Seven Ponds PUD protects and enhances the existing single
family housing by continuing new single family units north to
CUP Standards Page 2
Medina Road where the uses change to industrial and service
business north to State Highway 55. An effective transition in land
uses will therefore be realized. The single family homes to be built
will be equal to or exceed those present in the area today.
4) The establishment of the conditional use will not impede
the normal and orderly development and improvement of
surrounding property for uses permitted in the district.
Since all land uses proposed within Seven Ponds are consistent with
the Comprehensive Plan, normal and orderly development of
surrounding land uses will not be impeded. Seven Ponds also
provides roadway and utility extensions which will enhance
development of surrounding land parcels.
5) Adequate measures have been or will be taken to provide
ingress, egress, and parking so designed as to minimize
traffic congestion in (on) the public streets.
Substantial right of way has been provided in order to re -align both
County Road 24 and Medina Road farther south from State Highway
55 in order to facilitate an interchange on 55. No direct residential
land access is proposed on either Medina Road or County Road 24.
Ingress and egress to the service business and industrial outlots
within Seven Ponds has been spaced on adequate distance from the
intersection of Medina Road and County Road 24. Adequate parking
has been provided on site, such that no on- street parking will occur.
6) The conditional use shall, in all other respects, conform to
the applicable regulations of, the district in which it is
located.
Seven Ponds is consistent with the applicable regulations for the
MPUD zoning requested; said request is also consistent with the low
density residential, service business and planned industrial guiding
for Seven Ponds.
SL.EN PONDS SECOND ADDITION
LOT SIZES
Lot # Block # Square Footage Lot # Block # Square Footage
1 20,400 20 1 25,125
2 1 21,600 21 1 28,400
3 1 17,600 22 1 16,620
4 1 15,200 23 1 18,000
5 1 18,000 24 1 21,000
6 1 19,600 25 1 26,100
7 1 19,600 26 1 26,600
8 1 19,125 27 1 19,200
9 1 18,100 28 1 23,125
10 1 16,100 29 1 24,000
11 1 17,850 30 1 28,270
12 1 18,36.0 31 1 33,200
13 1 16,620 32 1 19,000
14 1 25,200 33 1 19,950
15 1 29,600 34 1 15,000
16 1 20,048 35 1 15,000
17 1 26,220 36 1 16,150
18 1 25,650 37 1 27,000
19 1 20,150 38 1 16,770
1 2 24,720 13 2 17,600
2 2 24,400 14 2 18,400
3 2 24,200 15 2 21,875
4 2 23,000 16 2 27,300
5 2 21,000 17 2 32,630
6 2 19,600 18 2 27,270
7 2 31,350 19 2 16,650
8 2 38,350 20 2 15,000
9 2 20,445 21 2 37,800
10 2 24,600 22 2 39,100
11 2 24,650 23 2 53,550
12 2 17,760 24 2 46,750
1 3 38,130 3 3 20,925
2 3_ 29,450 4 3 21,080
OUTLOT
1 4 17,050 A 167,245 3.8 ACRES
2 4 13,950 B 108,965 2.5 ACRES
3 4 21,700 C 76,420 1.8 ACRES
4 4 17,360 D 89,590 2.1 ACRES
5 4 13,950 E 10,700 0.2 ACRES
6 4 11,625 F 115,400 2.65 ACRES
7 4 15,965
8 4 15,665
9 4 11,625
10 4 13,485
11 4 12,710
March 19, 1990
Page 93
Councilmember Ricker asked if the Glynn's were in
Mr. Whiting's offer to reduce the elements of the ani
e
ted in
Mrs. Glynn stated the antenna will still obstruc their view.
She suggested in the future the Council limit wer height to
35', so that it is a person's responsibility wo6n purchasing a
home to ensure that there are no trees higher than 35' and the
radio will be usable.
Councilmember Ricker also suggested thaX the Council could
reasonably exclude a concentration of ntennas from a given
area. The key is the reasonableness of a City requirements.
MOTION was made by /
relative
emb Ricker, seconded by
Councilmember Helliwelldo RESOLUTION NO. 90 -201
APPROVING CONDITIONAL U OR RICHARD WHITING FOR AN
AMATEUR RADIO ANTENNA AT ODD LANE (89104).
Councilmember Vasiliou se is very disappointed that a
person would force the e effects of this use on a
neighbor.
Further discussion ensuive to the decrease in the
antenna array (number of reduced from 7 to 4).
MOTION to amend the ain motion was made by Councilmember
Ricker, seconded by ouncilmember Helliwell, that the antenna
array be decreased /
ried,
four elements.
Motion to amend c four ayes, Vasiliou nay.
Councilmember Ztur stated he is concerned that Mr. Whiting's
realtor info d the Whitings any amateur radio antenna desired
would be al wed. He thanked the Whitings and Glynns for
participati in the mediation process.
Councilme er Vasiliou stated recourse is available for
homeowne s receiving false information from realtors. Perhaps
in mor situations the homeowner should seek recourse from the
realt , rather than relying on the City to correct the problem.
RESOLUTION NO. 90 -201
FOR RICHARD WHITING
FOR RADIO ANTENNA
89104)
Item 8 -A
Maid( motion carried on a roll call vote, four ayes, Vasiliou
nay.
Director Tremere presented the staff report on the Preliminary Prel. Plat /Rezoning
Plat /General Development Plan and Rezoning application of Hans Hans Hagen Homes
Hagen Homes for property located at the southwest corner of (89090)
Dunkirk Lane and County Road 24 (89090). He stated the Planning Item 8 -8
Commission found that the design features of the plat involving
direct access to County Road 24 and Medina Road, incomplete
Regular Council Meeting
March 19, 1990 Ink,
Page 94
right -of -way at the proposed intersection of County Road 24 and
Medina Road; and design inconsistent with the Parks and Trails
Element of the Comprehensive Plan were reasons for a denial
recommendation.
Director Tremere stated the Planning Commission wants the
Council to be advised of their determination that alignment of
County Road 24 and Medina Road is critical to the orderly
development of the property south of Medina Road on either side
of proposed County Road 24; that the intersection can be
determined without predisposing where County Road 24 crosses
Highway 55; and therefore, the Planning Commission recommends
that the determination of that intersection be undertaken as
part of the study of Medina Road.
Hans Hagen explained his development proposal and presented a
revised layout. He stated that County Road 24 is likely to be
realigned. Mr. Hagen stated that ultimately Garland Lane should
be connected to Medina Road, which couldn't be accomplished if
County Road 24 is not moved. However, Garland Lane could be
moved north with temporary access to existing County Road 24.
He cited the benefit of this to Mr. Dahl who platted nearby land
but who is constrained due to lack of easements. Mr. Hagen
requested that the Council consider allowing one access from his
development to County Road 24.
Mr. Hagen requested that final action on his application be
deferred and that it be remanded to the Planning Commission with
direction for approval of temporary access through the Dahl
property, Medina Road aligned as proposed, and one access to the
commercial property to the north between County Road 24 and
Medina Road. The matter of trail location should be whatever is
best for the City, but the preferred location is on the north
side of County Road 24.
Lee Bakewell, 1846 Delaware, stated development in the area will
be heavily impacted by the chosen County Road 24 alignment. He
believed the issue should be studied as there are possible
alignments other than the one suggested by Mr. Hagen. Mr.
Hagen's proposal may require construction of interchange ramps
on developed property. He presented an alternative concept and
encouraged the Council to direct further study of the road
design.
Manager Willis stated a traffic analysis of the intersection
area is needed. The public interest would be better served if
the City undertook a study to determine what options are
available. Then the affected property owners could advise the
Council of their interests.
March 19, 1990
Page 95
Dave Dahl, 4255 Kingsview Lane, stated he is the owner and
developer of Plymouth Meadows. He said expediting the process
to determine the most appropriate location of the County Road 24
and Medina Road intersection will assist him and other affected
developers.
Councilmember Vasiliou questioned the process for a study of the
intersection, and how long the study period would be.
Manager Willis responded that a study would involve Hennepin
County, Minnesota Department of Transportation, and Department
of Natural Resources (DNR). Mr. Hagen's proposal could be
approved, denied, or deferred until the study is completed.
Mr. Hagen stated in 30 days he will lose the option to the
property. He believes his development will work whether or not
County Road 24 is realigned because the alignment of Medina Road
is certain.
Manager Willis stated it is staff's opinion that the alignment
of Medina Road is not certain and that is one of the reasons for
more detailed study.
Bill Pritchard, Orrin Thompson Homes, stated he has no objection
to Mr. Hagen's proposal, but encouraged the Council to conduct
further study on future alignment.
Director Tremere stated the Council is under a time constraint
by state law to act on the preliminary plat application, but the
City can extend the time for review and action since Mr. Hagen
requested deferral.
Mr. Hagen reiterated that action on his application be deferred.
MOTION was made by Councilmember Vasiliou, seconded by
Councilmember Zitur, to defer action and to remand Mr. Hagen's
application to the Planning Commission noting the discussion
before the Council and the need for a study of the road layout
in this area.
Motion carried on a roll call vote, four ayes, Helliwell nay.
MOTION was made by Councilmember Vasiliou, seconded by Mayor
Bergman, to authorize establishment of a study to review area
road alignment issues of Medina Road /County Road 24
intersection.
Motion carried, five ayes.
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
FEBRUARY 28, 1990
The Regular Meeting of the City of Plym h Planning
Commission was called to order to 1:30 p.m.
MEMBERS PRESENT: Chairman Richard P ka, Commissioners
John Wire, Hal Pie e, Dennis Zylla, Joy
Tierney, and Mich 1 Stulberg.
MEMBERS ABSENT:
ComXITypist
arry Marofsky.
STAFF PRESENT: CooCharles Dillerud, City
Engn Faulkner, and Sr.
Cle enise Lanthier.
MINUTES
MOTION by ommissioner Wire, seconded by Commissioner
Pierce, t approve the Minutes for the February 14, 1990,
Plannin Commission Meeting.
V?0;. 5 Ayes. Chairman Plufka abstained.
Chairman Plufka introduced the request by Hans Hagen Homes
for a Preliminary Plat and Rezoning from FRD to R -1A and B -3
located at the southwest corner of Dunkirk Lane and County
Road 24.
Commissioner Stulberg excused himself from the discussions
of this item.
Coordinator Dillerud gave an overview of the February 14,
1990, staff report.
Commissioner Zylla asked staff if there is anything east of
Dunkirk that could effect the proposed Medina Road
alignment.
Coordinator Dillerud responded negatively and stated that in
the alignment through plat on the east end was correct.
Commissioner Zylla asked staff if further analysis was done
to assure it does not interfere.
City Engineer Faulkner responded that it would tie in at
Dunkirk Lane.
MOTION TO APPROVE
VOTE - MOTION CARRIED
HANS HAGEN HOMES (89090)
Planning Commission Minut__
February 28, 1990
Page 25
Commissioner Zylla stated that the petitioner will need
Medina Road access and asked staff if the intersection at
County Road 24 and Dunkirk will get closed.
City Engineer Faulkner responded that closing the County
Road 24 /Dunkirk Lane intersection is part of his
recommendation.
Commissioner Zylla asked staff what the time frame is for
the proposed construction of new Medina Road.
City Engineer Faulkner responded that construction of new
Medina Road is included in the 1990 Capital Improvements
Program.
Chairman Plufka stated that the City will need to preserve
options.
Commissioner Tierney stated she was concerned that the
petitioner does not have direct access to their site from
Medina Road.
City Engineer Faulkner stated that there will be reasonable
access to the site from Dunkirk Lane on the south.
Chairman Plufka stated that from a practical standpoint, no
B -3 business could survive with minimal access as staff has
recommended.
City Engineer Faulkner stated that his recommendation was
based on the traffic analysis.
Commissioner Tierney asked staff if the Dunkirk cul -de -sac
would serve both Hans Hagen and the site to the east.
City Engineer Faulkner responded affirmatively.
Commissioner Pierce asked staff what purpose the "bubble"
will serve on proposed Medina Road.
City Engineer Faulkner responded that the "bubble" will
serve as a driveway for the proposed residential lots
abutting it, but that staff recommended against this design
feature.
Commissioner Pierce asked staff what the traffic level is
estimated to become.
Chairman Plufka stated that
relocation of the Medina Road
to stay away from Highway 55.
the reason for the proposed
intersection to the south is
Commissioner Wire asked staff if the proposed intersection
of County Road 24 with Highway 55 will be of a cloverleaf
design.
Planning Commission Minut
February 28, 1990
Page 26
City Engineer Faulkner responded that the intersection will
be of a folded diamond design. He further added that
estimated traffic on Medina Road in the year 2010 consists
of 13,000 vehicles per day.
Chairman Plufka introduced Hans Hagen, the petitioner.
Mr. Hagen stated he felt the City should deal with the
Transportation Plan and decide on the location of the
intersection of Medina Road and County Road 24. He stated
he would be agreeable to dedicate the easements needed for
Medina Road and County Road 24 to accomplish the alignment
suggested in the Hennepin County sketch design. He stressed
that Plymouth Meadows will need access to Medina Road as
well.
Commissioner Tierney asked Mr. Hagen why he proposes to have
access onto County Road 24.
Mr. Hagen responded that the right -in and right -out design
would reduce traffic congestion by eleminating some left
turns to the site. He added that the proposed vacation of
Dunkirk Lane will divide County Road 24 from Medina Road to
the north.
Chairman Plufka asked Mr. Hagen if it is appropriate to have
a single family residential lots abut a collector street,
such as proposed by-his plat.
Mr. Hagen responded that townhomes would be more
appropriate, and added that the "bubble" would provide
safety for those residents backing out of their driveways.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Jerry Theis of 801 Valley Drive,
St. Michael.
Mr. Theis stated he is the owner of Dundee Nursery and he
objects to the realignment of County Road 24 depicted by the
Hennepin County sketch attached to the Engineer's memorandum
on this application. He further stated he was upset about
the lack of notice on the road alignment issue.
Chairman Plufka introduced Richard Bloom of 14600 Woodruff
Road, Wayzata.
Mr. Bloom stated he is the developer of the property to the
west of Hans Hagen's site. He stated he encourages the City
to quickly resolve the issue of County Road 24 and Medina
Road. He stated he concurs with the construction of Medina
Road this year.
Chairman Plufka introduced Dave Dahl of 4255 Kingsview Lane.
Planning Commission Minut
February 28, 1990
Page 27
Mr. Dahl stated he is the developer and owner of Plymouth
Meadows. He stated he is at a standstill until the City
decides on this plat because he needs sanitary sewer that
comes through this plat for his development. He encourages
the City to move expediently. He further added that he is
in favor of the proposed plan.
Chairman Plufka closed the Public Hearing.
Commissioner Wire stated that it is apparent that the
developers wish to move ahead quickly; therefore, he felt
the Commission should move this item onto City Council with
a recommendation for denial.
Chairman Plufka stated that he felt the City should be able
to make a decision about the intersection of Medina Road and
County Road 24, and the County Road 24 alignment south of
that intersection. This would settle design issues for this
and other parcels in this vicinity.
Commissioner Zylla concurred with Chairman Plufka. He added
he wants to move this proposal forward to the City Council
with the recommendation for approval.
Commissioner Tierney asked staff what the reason was to have
a 90 degree angle at the intersection of proposed County
Road 24 and Medina Road if, eventually, Medina Road extends
further west at a different location.
Coordinator Dillerud responded that the City does not know
where County Road 24 will be located - -it could remain in the
current location. He added that the developer needs to
accommodate the intersection as existing since the alignment
of Medina Road would not be physically changed for some
time.
Chairman Plufka stated he does not feel comfortable
recommending approval of this proposal because he feels it
is an inapproprate Preliminary Plat for single family
residential development fronting on Medina Road, a collector
street.
Commissioner Wire stated he also does not feel comfortable
recommending approval of this proposal because with the
proposed realignment of County Road 24 and Medina Road,
there will be many severed parcels.
Commissioner Zylla stated that he feels Dunkirk is a minor
collector and does not agree with the cul -de -sac concept
recommended by the City staff.
MOTION by Commissioner Wire, seconded by Chairman Plufka, to MOTION TO DENY
recommend denial of the Preliminary Plan and Rezoning from
FRD to R -1A and B -3 for Hans Hagen Homes located at the
6.
Planning Commission Minut
February 28, 1990
Page 28
southwest corner of Dunkirk Lane and County Road 24,
deleting all the conditions and replacing them with one
condition stating that the developer has incomplete
knowledge of the Thoroughfare Guide Plan changes and is
unable to go ahead with his plans. The motion also includes
a recommendation to the City Council that they define the
location of the County Road 24 and Medina Road intersection
in order to proceed with the development of that
intersection.
MOTION by Chairman Plufka, seconded by Commissioner Tierney, MOTION TO AMEND
to amend the main motion by restoring Condition 1 and
deleting the words "Medina Road" on the second line.
Chairman Plufka stated that the reason he wants to restore
Condition 1 by deleting the words "Medina Road" is because
he feels Medina Road is an appropriate access point. He
stated he feels it is inappropriate to not have an easy
access into a convenience store.
Roll Call Vote. 2 Ayes. Commissioners Wire, Zylla, and VOTE - MOTION TO AMEND
Tierney Nay. MOTION failed. FAILED
MOTION by Commissioner Tierney, seconded by Commissioner MOTION TO AMEND
Pierce, to amend the main motion by restoring Condition 1.
Commissioner Tierney stated she felt that because of the
unknown location of.- County Road 24, it would be best to
concur with staff's recommendation regarding limitation of
access to Medina Road.
Roll Call Vote. 3 Ayes. Commissioners Wire and Zylla Nay. VOTE - MOTION TO AMEND
MOTION carried. CARRIED
MOTION by Chairman Plufka, seconded by Commissioner Pierce, MOTION TO AMEND
to amend the main motion by restoring Condition 3.
Roll Call Vote. 4 Ayes. Commissioner Wire Nay. MOTION VOTE - MOTION TO AMEND
carried. CARRIED
Commissioner Pierce asked staff if the trail dedication
recommended would be in lieu of cash.
Coordinator Dillerud responded that it depends upon how it
is dedicated -- easement or outlot. As an outlot it would be
in lieu of cash at least partly.
MOTION by Chairman Plufka, seconded by Commissioner Tierney, MOTION TO AMEND
to amend the main motion by restoring Condition 4 and
deleting the words "fee or" in the last line.
Chairman Plufka stated that his reason for restoring
Condition 4 by deleting the words "fee or" is because it
would be easy vacate an easement if the County Road 24
alignment changes.
Planning Commission Minut
February 28, 1990
Page.29
Roll Call Vote. 4 Ayes. Commissioner Wire Nay. MOTION VOTE - MOTION TO AMEND
carried. CARRIED
MOTION by Commissioner Tierney to amend the main motion by MOTION TO AMEND
restoring Condition 2.
Motion failed for lack of a second. MOTION TO AMEND FAILED -
NO SECOND
MOTION by Chairman Plufka, seconded by Commissioner Tierney, MOTION TO AMEND
to amend the main motion of Commissioner Wire by deleting
all verbage except for the denial recommendation.
Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION TO AMEND
CARRIED
Roll Call Vote on main motion as amended. 4 Ayes. VOTE - MAIN MOTION
Commissioner Zylla Nay. MOTION carried. CARRIED
Commissioner Zylla stated that the reason for his vote to
deny is because the intersection of Medina Road and County
Road 24 is acceptable to the City and he felt the right -of-
way could be fixed. He further stated he disagrees with the
bubble" on Medina Road to serve Lot 4, and he added that
closure of Dunkirk is not relevant to what the applicant is
proposing.
MOTION by Chairman Plufka, seconded by Commissioner Tierney, MOTION TO ADVISE CITY
to advise the City Council that the Planning Commission COUNCIL
finds that the determination of the alignment of County Road
24 and Medina Road is critical to the orderly development of
the property south of Medina Road on either side of proposed
County Road 24, and that the Planning Commission finds that
the intersection can be determined without predisposing
where County Road 24 crosses Highway 55; and therefore the
Planning Commission recommends that the determination of
that intersection be undertaken as part of the study of
Medina Road at the earliest possible time.
Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION TO AMEND
CARRIED
Chairman Plu N called for a recess at 9:30 p.m.
Chairman Plufka re vened the meeting at 9:35 p.m.
Chairman Plufka introd d the request by Trammell Crow TRAMMELL CROW COMPANY
Company for a Rezoning, Division /Consolidation, Site (90005)
Plan, and Variance for Plymou Business Center located at
the northwest corner of Berkshire ne and County Road 9.
Coordinator Dillerud gave an overview the February 14,
1990, staff report.
91W.A IN 41 ki 0 it WE
in
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
f
REPORT DATE: June 21, 1990 COMMISSION MEETING DATE: June 26, 1990
FILE NO.: 90051
PETITIONER: Ryan Construction Company
REQUEST: Mixed Planned Unit Development Preliminary Plan and
Conditional Use Permit amendment and Final Site Plans 2)
for Lot 1, Lot 2 and Lot 3, Block 2 of "Rockford Road
Plaza"
LOCATION: Northwest Quadrant of I -494 and County Road 9 East of
Vinewood Lane)
GUIDE PLAN CLASS: CR -2 (Retail Shopping)
ZONING: MPUD 89 -2
BACKGROUND:
On November 6, 1989, the City Council, by Resolution 89 -689, approved an
amended MPUD Preliminary Plan /Plat and Conditional Use Permit to develop
slightly over 400,000 square feet of retail /commercial structures on a site of
52 acres, subject to 17 conditions of approval. On October 16, 1989, the City
Council adopted Resolution 89 -649, finding "no need" for an Environmental
Impact Statement, based on the review of the Environmental Assessment
Worksheet.
On April 2, 1990, the City Council, by Resolution 90 -233, approved a Final
Plat and MPUD Final Plan (Final Plan was only with respect to the outlots) for
the entire 52 -acre site. On May 21, 1990, the City Council adopted
resolutions approving both an MPUD Final Site Plan for the area to be occupied
by the "Target" west of Vinewood Lane, and a Master Sign Plan for the entire
MPUD.
The resolution approving that Target Final Site Plan included two performance -
related conditions, directed by the City Council to be added to the MPUD
Conditional Use Permit. A waste compactor was permitted without an enclosure
subject to continued compliance with cleanliness of the site; and screening of
roof top units was waived subject to noise level of those units not exceeding
State standards at the north property line.
Proposed by this application is an MPUD Preliminary Plan amendment and Final
Site Plans for the construction of 203,110 square feet of retail commercial
buildings consisting of a 197,760 square foot multi- tenant building on Lots 1
and 2, Block 2, and a 5,350 square foot freestanding restaurant on Lot 3,
Block 2. Also requested is an amendment to the MPUD Plan /Conditional Use
Permit to allow the outdoor display of garden center products and the
provision of a "convenience window" at the restaurant facility without the
full required vehicle stacking space.
see next page)
F.i lte 9 51
Page Two
Notice of the Public Hearing concerning the amendments to the MPUD Preliminary
Plan and Conditional Use Permit 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 property.
PRIMARY ISSUES AND ANALYSIS:
1. The Site Plans proposed meet or exceed Ordinance and /or City Policy
standards with respect to setbacks for structures, parking, and drive isle
setbacks; off - street parking (912 spaces provided for the shopping center
versus an Ordinance standard of 864; and 70 spaces provided for the
restaurant site consistent with,the Ordinance standard of 70 spaces); and
traffic islands /site landscaping. In addition, the site meets Ordinance
and /or City Policy requirements with respect to Fire Code - related
facilities parking lot and drive area design (except as noted below), and
public utilities - related standards (except as noted in the Engineer's
Memorandum). Proposed exterior lighting retains illumination above .5-
foot candles within the site borders, consistent with the illumination
standards applied to exterior lighting and site parking.
2. The applicant has specified installation of screening for trash handling
facilities for the "Rainbow Foods" portion of the multiple tenant
structure and the freestanding restaurant site. In addition, the
applicant has indicated internal trash handling facilities at four
locations within the balance of the multiple tenant building on Lots 1 and
2. No specific provisions are shown on the plan for individual retail
shops, Anchor 4, Anchor 3, or the garden center.
3. The applicant has submitted plan graphics which demonstrate that the roof
top mechanical units proposed for the shopping center structure would not
be visible due to site angles and proposed structure parapets from 11 of
12 points of reference along the four thoroughfares that abut the site.
The applicant proposes no screening - -in addition to the parapets now
proposed - -be included in the construction plans, based on the invisibility
of the roof top units from the 11 site lines presented. As with the
previous Target proposal, we observe that other site lines to this project
will exist, including views from residential areas located above this site
in areas east of Northwest Boulevard. The provisions of the Zoning
Ordinance Section 8, Subdivision G, paragraph 2g provide that such
equipment may be required to be screened where the design, color, and
location are found to not effectively provide aesthetic harmony and
compatibility. No roof top equipment is proposed for the restaurant
structure.
4. The Sign Plans proposed are responsive to the "Master Sign Plan" approved
by the City Council on May 21, 1990.
5. Resolution 89 -689, approving the MPUD Preliminary Plan and Conditional Use
Permit for this site contained three specific design- related conditions to
see next page)
File 90051
Page Three
be considered by the Planning Commission in review of the Final Site Plans
for this site, as follow:
a. Each Final Site Plan shall specifically address efforts to create and
maintain the appearance of site and structures consistent with the
high visibility of the site.
Structure elevations provided with the building plans specify a
building face treatment of a combination of beige face brick and grey
rock face block. The transition between these two primary wall types
would be highlighted by accent bands of glazed block.
The structure proposed for the freestanding restaurant site is
designed with a brick /stucco finish with a peaked roof in a manner
similar to the existing "Bakers Square" facilities throughout the
Metropolitan area. No color for the brick or stucco is specified by
the architectural elevations. Use of brick and stucco color similar
to that already proposed for both the Target and the main shopping
center would bring this building into conformance with the pattern of
architectural appearance already established for this MPUD.
b. Site Plans shall include effective means to screen loading and other
services facilities West Medicine Lake Drive and the north propert
line 42nd Place North. Such means shall include predominantly
landscape methods, and not fencina.
Truck dock areas servicing the "Drug Emporium ", "T.J. Maxx ", "garden
center ", and "Rainbow Foods" are proposed to be screened by a masonry
screen wall approximately 8 feet in height. The finish of the wall is
proposed to be the same as the finish of the structure walls based on
the structure elevations presented. The effective screening impact of
these proposed walls is greater than 8 feet of height proposed due to
the recess from grade for the truck docks to be located behind the
walls. This additional impact of screening ranges from 2 -4 feet. The
length of the proposed screen walls ranges from 50 feet (T.J. Maxx and
Drug Emporium) to 55 feet (garden center and Rainbow Foods). This
length would reasonably screen a typical semi - trailer, but would not
screen an attached tractor in most cases.
c. Architectural treatment of the south and east elevations (facing
County Road 9 and West Medicine Lake Drive shall include design
measures to re uce the impact of building wall mass.
Two sections of shopping center wall mass totalling approximately 300
feet each, broken only by an oblique angle, will be visible from West
Medicine Lake Road across the pond in Outlot A and immediately south.
Due to the use of a retaining wall to protect a difficult grade
problem in this area of the site, very little landscaping is available
see next page)
File 90051
Page Four
to reduce the impact of these extended wall areas. Elsewhere along
the south and east elevations of the building wall mass is broken by
the loading docks /outdoor display area and a more extensive use of
landscaping.
Those design - related conditions are in addition to the provisions of the
City Policy resolution regarding "Standards and Criteria Regarding Site
and Building Aesthetics and Architectural Design ".
6. The "outdoor display" of 28,000 square feet proposed by the Final Site
Plans was not an element of the amended MPUD Preliminary Plan and
Conditional Use Permit. An earlier approved PUD Plan had included such an
outdoor display area on the west side of Vinewood Lane where the "Target"
Site Plan has now been approved. When the amendment was presented moving
Target" to the west side of Vinewood Lane, the plan did not carry the
outdoor display area to any other part of the site. It has only been with
plans in support of Master Sign Plan and Tax Increment Financing that
mention has been made of this outdoor display area. The PUD Plan has not
officially been approved with such an area in it. Any business activity
no conducted in an enclosed yard or building is a conditional use in the
B -2 Zoning District underlying this site.
7. Section 10, Subdivision B, paragraph 51 of the Zoning Ordinance provides
that single drive -in facilities shall have a minimum of ten vehicle spaces
provided as "stacking area ". The stacking area shall be delineated in
such a manner that vehicles waiting in line will not interfere with nor
obstruct the primary driving and parking facilities on that site. The
applicant proposes a "convenience window" for the restaurant site on Lot
3. No more than four lengths of vehicle stacking would be available from
the center line of the convenience window to the south line of the drive
isle (presuming a south to north circulation pattern for the convenience
window). The applicant has been made aware of the inconsistency of his
plan with the Zoning Ordinance standards in this regard, and has requested
that this become an amendment to the PUD Plan as an additional item of
design flexibility.
PLANNING STAFF COMMENTS:
1. The MPUD Final Plan proposed, except as noted below, is consistent with
Zoning Ordinance standards and the approved MPUD Preliminary Plan.
2. We find the proposed amendment to the MPUD Preliminary Plan and
Conditional Use Permit to permit outdoor storage in an area surrounded by
a decorative metal fence to be consistent with the Planned Unit
Development Preliminary Plan criteria and the Conditional Use Permit
criteria of Section 10 of the Zoning Ordinance. The 8 -foot or greater
grade separation placing the outdoor display area above the traveling
surface of County Road 9 will substantially mitigate the appearance of
that display area.
see next page)
File 90051
Page Five
3. We find the reduction in the stacking area for the restaurant proposed for
Lot 3 to be consistent with both PUD criteria and Conditional Use Permit
criteria based on the internal orientation of the site which will preclude
any overflow stacking conflicting with a public street. We recommend a
specific condition of performance including City review of the Conditional
Use Permit should stacking result in circulation conflicts with the
adjoining site.
4. Trash handling, where not otherwise specified, must be handled internally
since no trash enclosures constructed consistent with the Zoning Ordinance
are specified other than those noted above. A condition of approval
should be that all trash be 4tored within the structures except with
respect to the trash enclosures for "Rainbow Foods" and "Bakers Square ".
5. As with the previous Target Final Site Plan for this project, staff is
concerned with the lack of screening for the roof top units. We do not
believe the use of parapet site lines is an adequate substitute for direct
screening of the roof top units. The City Council approved no screening
but painting to match the structure) for Target with a specific provision
that future noise complaints will result in review of the need for
screening by the City Council if noise at the north property line exceeds
State standards. At a minimum, this same standard should be included with
this Site Plan.
6. We find the Site Plans proposed are in compliance with the 3 conditions of
design specified in Resolution 89 -689 approving the RPUD Preliminary Plan
for this site. The 27 -foot elevation difference between West Medicine
Lake Road and the first floor elevation of the shopping center structure
should mitigate the wall sections on the east side of the "retail shops"
that are basically unbroken for two 300 -foot stretches. The observer
traveling West Medicine Lake Road will primarily view the retaining wall,
and not the shopping center itself.
RECOMMENDATION:
I hereby recommend adoption of the attached resolution providing for the
approval of an amended MPUD Preliminary Plan /Conditional Use Permit and MPUD
Final Site Plans.
Submitted by: 16 '. n
arses t. u1iierua,
ATTACHMENTS:
1. Draft Resolution Approving
2. Draft Resolution Approving
3. Engineer's Memorandum
4. Resolution 89 -689
5. Location Map
6. Large Plans
pc /cd /90051:dl)
nity
MPUD Preliminary Plan Amendment
MPUD Final Site Plans
nator
APPROVING MPUD PRELIMINARY PLAN AND CONDITIONAL USE PERMIT AMENDMENT FOR RYAN
CONSTRUCTION COMPANY (90051) (MPUD 89 -2)
WHEREAS, Ryan Construction Company has requested approval for an MPUD
Preliminary Plan and Conditional Use Permit amendment to include a 28,000
square foot outdoor garden sales area to the south end of the building on Lot
2, Block 2; and to permit a reduction in stacking at the convenience window
for the strucure on Lot 3, Block 2 from 10 spaces to 4 spaces for property
located at the northwest quadrant of I -494 and County Road 9 (east of Vinewood
Lane); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Ryan Construction Company for an MPUD Preliminary Plan and Conditional Use
Permit amendment to include a 28,000 square foot outdoor garden sales area to
the south end of the building on Lot 2, Block 2; and to permit a reduction in
stacking at the convenience window for the structure on Lot 3, Block 2 from 10
spaces to 4 spaces for property located at the northwest quadrant of I -494 and
County Road 9 (east of Vinewood Lane), subject to the following conditions:
1. Removal of all dead or dying trees from the property at the owner's
expense.
2. No building permits shall be issued until a contract has been awarded for
sewer and water.
3. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of issuance of building
permits.
4. Street names shall comply with the City Street Naming System, specifically
Vinewood Lane North to the south line of Outlot A and 42nd Place North
from that point easterly to West Medicine Lake Drive.
5. Compliance with Policy Resolution No. 79080 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
6. No final approval is granted or implied for individual site details such
as setbacks, parking, landscaping, aesthetics curb -cuts and circulation;
these will be addressed with the Final Plat and Plan.
7. Each Final Site Plan shall specifically address efforts to create and
maintain the appearance of site and structures of the site consistent with
the high visibility of the site.
8. Ownership and perpetual maintenance of outlots shall be private, and
covenants implementing ownership and maintenance approved by the City
Attorney shall be recorded with the initial Final Plat.
see next page)
Resolution No.
File 90051
Page Two
9. Compliance with the City Engineer's Memorandum including recommendations
in response to Environmental Assessment issues raised by other agencies as
applicable.
10. All identification and cleanup activities related to wells, septic
systems, petroleum tanks, and potentially hazardous wastes shall be
completed prior to issuance of building permits.
11. All existing structures on the site shall be removed and site reclamation
per approved plans shall be completed prior to issuance of building
permits.
12. An amendment to the PUD Plan is approved to permit an outside display area
for a Garden Center of 28,000 square feet on the south end of the
structure on Lot 2, Block 2, consistent with the approved Final Site Plan.
13. An amendment to the PUD Plan is approved to permit a service window for
the restaurant on Lot 3, Block 2 with four spaces of automobile stacking
from the center line of the service window versus ten spaces required by
the Zoning Ordinance based on the orientation of the service window to
internal (non public) drives. Should stacking of vehicles create
circulation conflicts on the site, or extend off the site, as observed by
City staff, the approval of the reduction of stacking space shall be
reviewed by the City Council.
14. A waste compactor container may be located at the west end of the nroth
wall without an enclosure structure, subject to the continued cleanliness
of this area of the site with respect to refuse and trash, based on the
topographic screening of this area of the site. The MPUD Conditional Use
Permit conditions for "Rockford Road Plaza" shall be amended to include
this condition relative to this site. Should a verified complaint be
received, the matter shall be reviewed immediately thereafter by the City
Council to determine compliance with the intent of the Ordinance standard.
15. No screening of roof top mechanical equipment is required, unless it is
determined by the City that the noise level from these units at the north
property line (adjacent to residential properties) exceeds State
standards. The roof top units and the roof surface shall be painted to
match the walls fo the structure. Should a verified complaint be
received, the matter shall be reviewed immediately thereafter by the City
Council to determine complaicne with the intent of the Ordinance standard.
APPROVING MPUD FINAL SITE PLAN FOR RYAN CONSTRUCTION COMPANY FOR A RESTAURANT
IN ROCKFORD ROAD PLAZA (90051) (MPUD 89 -2)
WHEREAS, Ryan Construction Company has requested approval for an MPUD Final
Site Plan for a restaurant on Lot 3, Block 2, Rockford Road Plaza located at
the northwest quadrant of I -494 and County Road 9 (east of Vinewood Lane);
and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Ryan Construction Company for an MPUD final Site Plan for a restaurant on Lot
3, Block 2, Rockford Road Plaza located at the northwest quadrant of I -494 and
County Road 9 (east of Vinewood Lane), subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of building permit issuance.
3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
4. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
5. Any signage shall be in compliance with the approved PUD Master Sign Plan.
6. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
7. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
8. All waste and waste containers shall be stored within the principal
structure, and no outside storage is permitted.
9. 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.
10. All identification and cleanup activities related to wells, septic
systems, petroleum tanks, and potentially hazardous wastes shall be
completed prior to issuance of building permits.
11. All existing structures on the site shall be removed and site reclamation
per approved plans shall be completed prior to issuance of building
permits.
12. Compliance with all provisions of the Environmental Assessment, Indirect
Source Permit and permits required from the Bassetts Creek Water
Management Organization, Minnesota DNR and /or the Corps of Engineers.
see next page)
Resolution No.
File 90051
Page Two
13. Cross easements for driveway access and parking covering Lots 1, 2 and 3,
Block 2, Rockford Road Plaza approved by the City Attorney, shall be
recorded on the titles to the lots prior to issuance of a building permit.
14. An amendment to the PUD Plan is approved to permit a service window for
the restaurant on Lot 3, Block 2, with four spaces of automobile stacking
from the center line of the service window versus ten spaces required by
the Zoning Ordinance based on the orientation of the service window to
internal (non public) drives. Should stacking of vehicles create
circulation conflicts on the site, or extend off the site, as observed by
City staff, the approval of the reduction of stacking space shall be
reviewed by the City Council.
APPROVING MPUD FINAL SITE PLAN FOR RYAN CONSTRUCTION COMPANY FOR A MULTI -
TENANT RETAIL CENTER (90051) (MPUD 89 -2)
WHEREAS, Ryan Construction Company has requested approval for an MPUD Final
Site Plan for a multi- tenant retail structure of 197,760 square feet on Lots 1
and 2, Block 2, Rockford Road Plaza located at the northwest quadrant of I -494
and County Road 9 (east of Vinewood Lane); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Ryan Construction Company for an MPUD Final Site Plan for a multi- tenant
retail structure of 197,760 square feet on Lots 1 and 2, Block 2, Rockford
Road Plaza, located at the northwest quadrant of 1 -494 and County Road 9 (east
of Vinewood Lane), subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with
the Dedication Policy in effect at the time of building permit issuance.
3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
4. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
5. Any signage shall be in compliance with the approved PUD Master Sign Plan.
6. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
7. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
8. All waste and waste containers shall be stored within the principal
structure, and no outside storage is permitted except in enclosures
constructed consistent with the specifications of the Zoning Ordinance.
9. 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.
10. All identification and cleanup activities related to wells, septic
systems, petroleum tanks, and potentially hazardous wastes shall be
completed prior to issuance of building permits.
11. All existing structures on the site shall be removed and site reclamation
per approved plans shall be completed prior to issuance of building
permits.
see next page)
Resolution No.
File 90051
Page Two
12. Compliance with all provisions of the Environmental Assessment, Indirect
Source Permit and permits required from the Bassetts Creek Water
Management Organization, Minnesota DNR and /or the Corps of Engineers.
13. Cross easements for driveway access and parking covering Lots 1, 2 and 3,
Block 2, Rockford Road Plaza approved by the City Attorney, shall be
recorded on the titles to the lots prior to issuance of a building permit.
14. An amendment to the PUD Plan is approved to permit an outside display area
for a garden center of 28,000 square feet on the south end of the
structure on Lot 2, Block 2, consistent with the approved Final Site Plan.
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: June 20, 1990
FILE NO.: 90051
PETITIONER: Mr. William McHale, Ryan Construction Company, 900 - 2nd Avenue
South, #700, Minneapolis, MN 55402
SITE PLAN: ROCKFORD ROAD PLAZA - RAINBOW FOODS /BAKER'S SQUARE/
STRIP SHOPPING CENTER
LOCATION: North of County Road 9, west of Northwest Boulevard, east of I494 in
the northeast 1/4 quarter of Section 15
ASSESSMENT RECORDS:
N/A Yes No
1. _ X Watermain area assessments have been levied based on proposed use.
2. _ X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X SAC and REC charges will be payable at the time building permits are
issued. These are in addition to the assessments shown in No. 1 and
No. 2.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of Site Plan approval:
4. Area assessments estimated - None = levied with the Final Plat of
Rockford Road Plaza.
5. Other additional as:
Project 948 Lot 1.
181,908.02. Lot
37,353.99. Project
2, $14,196.71. Lot
2,915.23.
LEGAL /EASEMENTS /PERMITS:
N/A Yes No
essments estimated: Estimated assessments
Block 2, $406,150.54. Lot 2, Block 2,
Block 2, $26,681.42. Lot 4, Block 2,
905 Lot 1, Block 2, $31,697.35. Lot 2, Block
3, Block 2, $2,082.31. Lot 4, Block 2,
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. Rainbow Foods, Baker's Square and the Strip Shopping
Center are located on different lots, but are being reviewed with
the same Site Plan.
N/A Yes No
7. _ XX _ Complies with standard utility /drainage easements -
8. — — X
9. - -XX
N/A Yes No
10. X _ _
11. _ _ XX
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.)
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. Bassett Creek is in the
process of reviewing the revised water quality pond.
All standard utility easements required for construction are
provided -
The following easements will be required for construction of
utilities. The water main is proposed to be moved farther south and
west of Outlot B over Lot 2 Block 1 The watermain will be out of
the easement provided on the Final Plat A new easement in
recordable form must be submitted to the City and recorded prior to
an OccuQancy Permit being granted for any building within Block 2.
All existing unnecessary easements and rights -of -way have been
vacated -
It will be necessary to vacate the obsolete easements /right -of -way
to facilitate the development. It should be noted that this
vacation is not an automatic process in conjunction with the
platting process. It is entirely dependent upon the City receiving
a petition for the vacation from the property owner; therefore, it
is their responsibility to submit a petition as well as legal
descriptions of easements proposed to be vacated.
The 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-
011910 UM
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
XX 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: See
special conditions.
N/A Yes No
14. _ X Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as
the one proposed be within 300 feet of a fire hydrant. It will be
necessary to locate hydrants in such a manner that the site plan
complies with this section of the City Ordinance. See special
conditions.
15. _ XX Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
16. _ XX 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-
El
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. Non standard B612 curb and gutter is
detailed. The detail for MnDot B612 curb and gutter shall be noted
on the Site Plan.
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. The site plan complies with the City of Plymouth's current
Engineering Standards Manual. Note Items 8. 9. 11, 12, 13, 22, 27A,
B. C. D. E, F. G, H. I. and J.
5-
SPECIAL CONDITIONS REQUIRED:
27. A. Invert elevations at structure numbers 76, 78, and 108 have been lowered since
the April 27th submittal. The construction plans for the City project will be
revised accordingly.
B. The large parking area south of the Rainbow Store will generate runoff of 19
CSF and is proposed to drain to four catchbasins (structure numbers 113, 114,
118, and 119). six catchbasins shall be used in this area to adequately
handle the runoff.
C. Storage volume provided by the revised pond design appears to be adequate to
retain the 25 year storm. The outlet control structure designed by Westwood
needs to be looked at in greater detail.
D. The top of the dike located adjacent to West Medicine Lake Drive is only one
foot to two feet wide and is located within the roadway right -of -way, although
the normal water level has been redesigned to be retained on private property.
The elevation is still higher than the adjacent roadway. The dike shall be
engineered so that failure does not occur. A Soils Engineer shall verify the
design and construction of the dike. One foot of freeboard shall be provided
along this area. One -half foot is currently shown on the plan.
E. A fence 60 inches high shall be installed along the perimeter of the pond and
located on private property.
F. The watermain located south and west of Outlot B, the pond area, will be
relocated to keep it from being under the pond.
G. The contours for Vinewood Lane shown on the Grading Plan do not match the
final profile as shown on Strgar - Roscoe's construction plans. They shall be
revised accordingly.
H. The service driveway entrance at the northwest corner of the Rainbow Foods
building shall be widened to 50 feet with 20 foot radii.
I. All signs shall be provided and installed in accordance with MnDot standards.
A map showing the location and the type of sign shall be provided to the
developer.
J. Gate valves shall be added at the northwest corner of the proposed garden
center on the east and south side of the hydrant serving Lot 4.
Submitted by: d'J''
Daniel L. Faulkner, P. E.
City Engineer
I
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 6 th day
of Novembpr1969 The following members were present*
Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk
The following members were absent: None
Councilmember Zitur
moved its adoption:
introduced the following Resolution and
RESOLUTION 89-689
APPROVING AMENDED MIXED USE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND
CONDITIONAL USE PERMIT FOR RYAN CONSTRUCTION COMPANY FOR ROCKFORD ROAD PLAZA
89014)
WHEREAS, Ryan Construction Company has requested approval of an Amended Mixed
Use Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit
to construct 401,088 square feet of retail commercial on a site of 52 acres
located at the northeast quadrant of County Road 9 and-I -494; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it hereby does approve the request for Ryan
Construction Company to construct 401,088 square feet of retail commercial on
a site of 52 acres located at the northeast quadrant of Rockford Road and I-
494, subject to the following conditions:
1. Removal of all dead or dying trees from the property at the owner's
expense.
2. No Building Permits shall be issued until a contract has been awarded for
sewer and water.
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 with
Hennepin County.
4. Street names shall comply with the City Street Naming System, specifically
Vinewood Lane North to the south line of Outlot A and 42nd Place North
from that point easterly to West Medicine Lake Drive.
5. Compliance with Policy Resolution No. 79 -80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
6. No Building Permits shall be issued until the final plat is filed and
recorded with Hennepin County.
see next page)
RESOLUTION NO. -689
Page Two
File 89014
7. No final approval is granted or implied for individual site details such
as setbacks, parking, landscaping, aesthetics curb -cuts and circulation;
these will be addressed with the final plat and plan.
8. Each final site plan shall specifically address efforts to create and
maintain the appearance of site and structures of the site consistent with
the high visibility of the site.
9. Ownership and perpetual maintenance of outlots shall be private, and
covenants implementing ownership and maintenance approved by the City
Attorney shall be recorded with the initial final plat.
10. Compliance with the City Engineer's Memorandum including recommendations
in response to Environmental Assessment issues raised by'other agencies as
applicable.
11. Site plans shall include effective means to screen loading and other
services facing West Medicine Lake Drive and the north property line /42nd
Place North. Such means must include predominantly landscape methods, and
not fencing.
12. Architectural treatment of the south and east elevations (facing County
Road 9 and West Medicine Lake Drive) shall include design measures to
reduce the impact of building wall mass.
13. The initial Development Contract shall address construction of roadway
improvements on and off site identified as required to provide level of
service proposed by the applicant and concurred in by the Director of
Public Works.
14. All identification and clean -up activities related to wells, septic
systems, petroleum tanks, and potentially hazardous wastes shall be
completed prior to issuance of building permits.
15. All existing structures on the site shall be removed and site reclamation
per approved plans shall be completed prior to issuance of building
permits.
16. Provisions of City council Policy Resolution 89 -439 regarding tree
preservation shall be complied with prior to issuance of a grading permit
or issuance of a building permit, whichever occurs first.
17. All pertinent issues raised by agencies responding to the Environmental
Assessment Worksheet shall be addressed or mitigated, as required, with
initial Final Plat /Final Site Plan documentation.
FURTHER, Resolution 89 -464 is hereby rescinded.
The motion for adoption of the foregoing Resolution was duly seconded
by Councilmember Sisk , and upon vote being taken thereon,
the following voted in favor thereof: Mayor Schneider, Councilmembers:
Vasiliou Ricker, Zitur and Sisk
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
VI
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