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HomeMy WebLinkAboutPlanning Commission Packet 07-11-1990A As CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 2, 1990 COMMISSION MEETING DATE: July 11, 1990 FILE NO.: 90040 PETITIONER: Bradley H. White REQUEST: Amended Conditional Use Permit and Site Plan, Lot Division /Consolidation and Zoning Ordinance Variance LOCATION: Southeast Corner of 13th Avenue North and Black Oaks Lane 1271 and 1273 Black Oaks Court) GUIDE PLAN CLASS: LA -3 (High Medium Density Residential) ZONING: R -3 (Medium Density Multiple Residence) BACKGROUND: An amended Conditional Use Permit, Site Plan, and Preliminary Plat for the Gleason Northshore Condominiums" was approved by City Council Resolution 81- 718 in July, 1981. It was this amendment of the "Gleason Northshore" project that created the two unit site that is the subject of this application. Proposed is a Division /Consolidation of platted property to increase the size of the two lots created for the duplex structure to allow the construction of a combination deck and three - season porch on the easterly side of the structure. Also requested is a Variance from the Zoning Ordinance standards to permit a 15 foot side yard versus the Ordinance standards of a 20 foot side yard in the R -3 Zoning District. The application includes an amendment to the Conditional Use Permit and Site Plan. Notice of this Public Hearing has been published in the Official City Newspaper and mailed to all property owners within 500 feet. In addition, a development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The proposal is to adjust property lines between the two lots upon which the duplex structure now is situated, and the adjoining common area, that will result in the reduction in size to the common area of 1,176 square feet, represented by a 14 foot by 84 foot strip of land adjacent to the duplex lots. Each of the duplex lots will increase in size by 588 square feet represented by 14 x 42 foot sections of the land that is to be subtracted from the common open space. The result will be additions to the duplex pads sufficient to accommodate the proposed deck /porch construction. Page Two File 90040 With the exception of a narrow strip adjacent to the garages on the west side and an extremely narrow strip adjoining the west side of the duplex units themselves the actual structures occupy all of the lots that were created without space for the construction of decks and /or porches in any direction. 2. Concurrence in the proposed action by the Homeowners Association is evidenced by a previously submitted easement running from the Association to the applicant. Staff questions the form but not the intent of this. See comments. 3. From the Physical Constraints Analysis we find the site to be located in the Gleason Lake Drainage District; to not include hydrological features, including State or Federally designated wetlands; to be located in the Gleason Lake Shoreland Overlay District but not within any designated Flood Plain area; it does contain significant woodland areas, but not related to the specific site for which amendment is requested; and does not contain any slopes of greater than 12 percent. The site remains generally suitable for urban development with municipal utilities available. No changes of consequence with respect to the relationship to the Physical Constraints of the site will result from the actions here under consideration. The Minnesota Department of Natural Resources has been notified of this application and has not responded, to date. 4. The application for amendment to the Conditional Use Permit and Site Plan to permit the construction of the deck /porch structures proposes the easterly extent of those structures to a point within 15 feet of the easterly property line of the project. The standards of the R -3 Zoning District call for side yards to be 20 feet in width for two family dwellings. While the east property line of the "Gleason Northshore" project may appear to be the rear of the specific dwelling units, it has properly been considered the side yard for the project since the initial project reviews of 1977. This is based on the public street frontage of the project being to 13th Avenue North. A copy of the variance standards of the Plymouth Zoning Ordinance is attached for consideration. The applicant has been requested to address the standards but has not responded. 5. The amendment to the Conditional Use Permit must respond to the same Conditional Use Permit criteria that were applied to the original Conditional Use Permit. The six criteria are contained in Section 9 of the Zoning Ordinance and attached to this report for the consideration of the Planning Commission. In addition, the applicant's April 29, 1990 letter which addresses those criteria briefly is attached for the consideration of the Planning Commission. A Page Three File 90040 PLANNING STAFF COMMENTS: 1. The proposed division /consolidation of platted property is responsive to the rovisions of the Subdivision Ordinance (Section 500.37 of the City Code with regard to the division /consolidation of platted property. No specific Zoning Ordinance variance is created by the division /consolidation alone. The division /consolidation should subject to the condition that the appropriate title transfer takes place between the Homeowner's Association and the owners of the respective dwelling units on Lots 13 and 14. This is more appropriate than an easement given the magnitude of the encroachment and the proposed use. This shall be the responsibility of the applicant`to obtain. No building permit should be issued until evidence of this transaction is provided the City of Plymouth. 2. We find that the standards of the Zoning Ordinance with respect to the issuance of a Conditional Use Permit for the deck /porch additions to these dwelling units are met in the same manner as with original Conditional Use Permit. The addition of the decks does not significantly alter the relationship of this project to those standards. 3. Because of the lot configuration that currently exists in relationship to the dwelling units that have been constructed, no reasonable alternative exists for the addition of a deck /porch to the existing duplex dwelling units. If it is determined that inability to provide those features constitutes a "hardship ", the six standards that must be met prior to issuance of a Zoning Ordinance variance are complied with. RECOMMENDATION: I hereby recommend adoption of the attached draft resolutions providing for the approval of the Amended Site Plan and Conditional Use Permit; the division of platted property; and, the approval of conditions prior to recording of the division action, j Iuding a Z on in.g.Ardinance for a side yard setback. Submitted by: rles E. Dillerud, Community Development Coordinator ATTACHMENTS: I. Draft Resolution Approving Amended Conditional Use Permit and Site Plan 2. Draft Resolution Approving Lot Consolidation /Division 3. Resolution Setting Conditions Prior to Recording and Approving Zoning Ordinance Variance 4. Location Map 5. Site Graphics 6. City Council Resolution 81 -718 APPROVING LOT DIVISION /CONSOLIDATION FOR BRADLEY H. WHITE FOR "GLEASON NORTHSHORE" FOR PROPERTY LOCATED AT 1271 AND 1273 BLACK OAKS COURT (90040) WHEREAS, Bradley H. White has requested approval for a lot division /consolidation for the creation of two lots located at 1271 and 1273 Black Oaks Court; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division /consolidation for Bradley H. White for "Gleason Northshore" for property located 1271 and 1273 Black Oaks Court. EXISTING LEGAL DESCRIPTIONS PARCEL A Lot 13, Block 1, Gleason Northshore Addition, Hennepin County, Minnesota. PARCEL B Lot 14, Block 1, Gleason Northshore Addition, Hennepin County, Minnesota. PARCEL C Lot 15, Block 1, Gleason Northshore Addition, Hennepin County, Minnesota. To be divided and consolidated as follows: PARCEL A The west 14.00 feet of that part of Lot 15, according to the recorded plat thereof, Hem east of the east line of Lot 13, Block 1, lying between the easterly extension of the the easterly extension of the south line of Lot 13. PARCEL B The west 14.00 feet of that part of Lot 15, according to the recorded plat thereof, Heni east of the east line of Lot 14, Block 1, lying between the easterly extension of the the easterly extension of the north line of Lot 14. PARCEL C Block 1, Gleason Northshore, iepin County, Minnesota, lying said Gleason Northshore and north line of said Lot 13 and the north 42.00 feet of said Block 1, Gleason Northshore, iepin County, Minnesota, lying said Gleason Northshore and south line of said Lot 14 and the south 42.00 feet of said Lot 15, Block 1, Gleason Northshore, according to the recorded plat thereof, Hennepin County, Minnesota, EXCEPT the west 14.00 feet of that part of said Lot 15, lying east of the east line of Lots 13 and 14, Block 1, said Gleason Northshore and lying between easterly extension of the south line of the north 42.00 feet of said Lot 13 and the easterly extension of the north line of the south 42.00 feet of said Lot 14. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division /consolidation is approved by Hennepin County. SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION /CONSOLIDATION FOR BRADLEY H. WHITE FOR "GLEASON NORTHSHORE" FOR PROPERTY LOCATED AT 1271 AND 1273 BLACK OAKS COURT (90040) WHEREAS, the City Council has approved a Lot Division /Consolidation for Bradley H. White for "Gleason Northshore" located at 1271 and 1273 Black Oaks Court; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division /consolidation: 1. Compliance with the City Engineer's Memorandum. 2. Lot division /consolidation is filed with Hennepin County. APPROVING CONDITIONAL USE PERMIT AND VARIANCE FOR BRADLEY H. WHITE FOR GLEASON NORTHSHORE" LOCATED AT 1271 AND 1273 BLACK OAKS COURT (90040) WHEREAS, Bradley H. White has requested approval for a Conditional Use Permit and Variance for property located 1271 and 1273 Black Oaks Court; 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 Bradley H. White for a Conditional Use Permit and Variance for "Gleason Northshore" for property located at 1271 and 1273 Black Oaks Court, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 3. No building permit to be issued until the lot division /consolidation is filed and recorded with Hennepin County. 4. Building permits for the deck /porch additions shall be issued only after evidence of title to the underlying land is provided. 5. Compliance with applicable conditions of resolutions 81 -718. S Uo UUU UUolsls LC)CATION MAP a Q 0040 s a:. GOVT LOT 5 2615.68 RES r' 13 (55) I (93) 13 13 ( t 0 e n e94) 12Le92) a ( ( 5 29) ( 18) - 117 3 1.91 t2 (99) - • 5 (66) - 196 274.21 (96) ., (61) 8• ( 31.22 o 'b ( 1 r i o_ ( 19) _ 964) 8 x'2 1 te0.01 95 I t00 100 100 100 I10 $ 0. 164.41 NQq• •2YE _ 96 117.11, 1 o N69.31.06•E n ~ • APT am No 112 ° 1 2 3 , ( 7), GLEASON NOR7N W"IN(w _ R (3) - (4) - (5) (6) d , 160 41 10 100 100 100 2) _ 2 A ` e. 107) ~ 7 e 2 ^ - (80) 47.73 109) 1 (14) (12) y a te) (e) 43 1 3) ( i 3 : q 21 ( 13 12 11 1° ( n) (t0) • t n n (1) ISO ` ^ 2 _ (16) (171 n e1 3 = iJ " 5 6 u ( A(X OAKS 105) a ,1 1 - (16)16 (24) VAC n IT 22 ttb) (Z) - N (106) o (16) 1 18 20 -~ 4 ( 82) a e ( 20) (29) (::) (48) cM 49) 26 1 4( 33 134) (33) r+ 3 170= (44) 43 (46) 170- N 36 41 42 N69.31 .E ^ ( x( 43) is f +r+a ..ri. _ 3p (42) leo) 16 (y) a (31) 1401 I41) (ee) t _c Na7.30•r Ie4) G1 p mm PART Of LIT 5 ELK 1 21 1 22 Q (se) Ism 3 l0T 6 S e I (!s) 13 2-3 2. m ( 54 1 1j 41171) M-1 v' 69 ( 631 25 -1 (33) 10 ° l7 5(1771 N 13i) Q J • • (69) 26 p (Y) 6(1lwpt' 70 69 28 7 hs1 3 - 36 31172) 30 32 33 34 (171 o k CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Winnesota was he-TT on the 7th day of July , 19 81 . The following members were present. M or Davenport, Councilme m ers Neils, Schneider. and Threinen The following men ers were absent: ounce mem er o rrr rrr rwr Councilmember Neils introduced the following Resolution and move is adoption: " RESOLUTION NO. 81 -718 APPROVING AMENDED CONDITIONAL USE PERMIT SITE PLAN AND PRELIMINARY PLAT FOR MAURICE MCCAFFREY FOR "GLEASON NORTHSHORE CONDOMINIUMS LOCATED EAST OF DUNKIRK LANE AND NORTH OF GLEASON LAKE (A -752) WHEREAS, the City Council under Resolutions 77 -577, -578, and -579 approved the Final Plat and Conditional Use Site Plan for the "Gleason North Condominium Project" for Maurice McCaffrey consisting of 18 condominium units; and, WHEREAS, Maurice McCaffrey has requested approval of an amended site plan and preliminary plat related to a redesign of the fourteen condominium units which remain to be developed on the site located north of Gleason Lake and east of Dunkirk Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called public hearing and has recommended approval NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the amended site plan and preliminary plat for Maurice McCaffrey for "Gleason Northshore Condominiums" consisting of fourteen condominium units subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. No building permits to be issued until the final plat is filed and recorded with Hennepin County. 3. The development is subject to previous approvals of site plans and Development Contracts per Council Resolution No. 77 -577, 77 -578, and 77 -579. 4. The amended Homeowners Association bylaws shall be reviewed and approved by the City Attorney. 5. Any landscaping materials displaced shall be relocated and /or replaced on the site in kind. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Schneider , and upon vote being taken thereon, the following voted in favor thereof: _Mayor Davenport, Councilmembers Neils, Schneider, and Threinen The following voted against or abstained: none Whereupon the Resolution was declared duly-passed and adopted. rrr •rr rrr 5'6 60 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 6, 1990 COMMISSION MEETING DATE: July 11, 1990 FILE NO.: 90052 PETITIONER: Ryan Construction Company REQUEST: Land Use Guide Plan Amendment, Amended Mixed Planned Unit Development Preliminary Plan /Plat /Conditional Use Permit, Rezoning and MPUD Final Site Plan /Plat. LOCATION: Northeast quadrant of 6th Avenue North (Highway 55 North Service Drive) and Revere Lane (the former "DeVac" site) GUIDE PLAN CLASS: CL (Limited business) ZONING: MPUD 86 -1 BACKGROUND: In June of 1988, by Resolution 88 -308, the City Council approved a Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for Ryan Construction Company for "Waterford Park Plaza," including this site. In August of 1988 the City Council by Resolution 88 -508 approved a Planned Unit Development Final Plat and Development Contract which included this site as an Outlot, and therefore subject to future replatting. The foregoing MPUD plan approvals were responsive to an MPUD Concept Plan including this site that was approved in August of 1987, to include an amended Land Use Guide Plan for this vicinity. The Land Use Guide Plan amendment changed a portion of this area from IP (Planned Industrial) to CS (Service Business) and a portion from IP (Planned Industrial) to CL (Limited Business). This series of applications proposes to reclassify 1.2 acres of the CL guided property to CS; amend the MPUD Preliminary Plan /Plat and Conditional Use Permit to create a 1.2 acre restaurant site (Class II) on the reguided area of the PUD plan; change the underlying zoning for this site to substitute B -3 for the existing B -1; and a MPUD Final Plat /Final Site Plan for a Class II restaurant of 3,490 square feet. Notice of this Public Hearing was published in the Official City Newspaper and mailed to all property owners within five hundred feet. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: I. Land Use Guide Plan K A. The application materials for an amendment to the Land Use Guide Plan provide for the applicant to respond to a series of issues related to the request. The applicant has responded to those issues in his "Development Narrative" dated June, 1990, received by the City of Plymouth June 14, 1990. B. The application checklist also specifies eight items to be addressed in Staff Reports for each application to amend the Comprehensive Land Use Guide Plan Element Map, as follows: 1. Is the locational criteria of both the existing and proposed classifications satisfied by the specific site? A key element of the CL locational criteria is the "Gateway" component. This site continues to function as one of the premier Gateways" to the city of.Plymouth. This factor is acknowledged by the petitioner in his narrative with respect to the locational criteria. Primarily on the "Gateway" basis the existing CL guiding of the site better responds to the development locational criteria than the proposed CS classification. 2. Can the site be reasonably developed under the current classification? The applicant states that the current CL classification does not allow a Class II restaurant. The CL classification does, however, permit Class I restaurants as Conditional Uses and a variety of other uses are permitted or conditional. The site can reasonably be developed under the current classification, but the development that would be permitted under that classification may not fit the specific use that the developer currently has for the site. 3. Is there a lack of developable property in the same classification as that which is being proposed? If so, is the proposed expansion supported by the Comprehensive Planned Community Structure Concept? There is undeveloped or underdeveloped property within the CS classification existing north of Highway 55 between South Shore Drive and West Medicine Lake Boulevard. In addition, there is undeveloped property in the CS classification at the northwest corner of State Highway 55 and Interstate 494. Finally, there are substantial areas of undeveloped land of CS classification within the 1,600 acre area of the City of Plymouth lying west of Vicksburg Lane and north of County Road 24 that has recently become eligible for development by planned extension of Trunk Sanitary Sewer. The need for areas of CS guiding is best addressed on a community - wide basis, and therefore the current availability of undeveloped land in that category can be addressed on that community -wide basis as well. 4. Will other undeveloped property, in the classification proposed for this site, be adversely affected by this action? Will other developed property in the proposed classification, which might be subject to redevelopment /rehabilitation, be adversely affected by this action? A significant area of undeveloped /underdeveloped property in this classification exists between South Shore Drive and West Medicine Lake Boulevard. The redevelopment of this general area could be adversely affected by the creation of additional CS guided property as proposed by this application. In addition, the proposed Class II restaurant use for the site proposed for reclassification is an eligible use within the CR Land Use Classification. CR guided and B -2 zoned parcels, both candidates for redevelopment and undeveloped, exist throughout the community, and specifically south of Highway 55 between County Road 73 and West Medicine Lake Drive. 5. How does the proposal demonstrate merit beyond the interests of the owner, proponent, or prospective developer of the site? The applicant states that the proposed restaurant would provide a service to this neighborhood not adequately provided. There is presently vacant commercial space in the adjoining shopping center, as well as existing restaurants in the area between this site and West Medicine Lake Drive. It is difficult to measure the "adequacy" of such restaurant facilities for the neighborhood. There is no apparent community demand for additional facilities. 6. How does the proposal demonstrate that the new classification would be the highest and best use of the site? What is the public need or community benefit? The applicant states that the public need and highest and best use for this site relates to the relative lack of restaurant facilities in this area of the community. The applicant also states that the introduction of another CS -type use is a positive element in a Gateway" concept of the community. The point at which community response in terms of Land Use Reclassification is appropriate based on a perceived need for a nonessential use such as restaurant facilities is not clear. There have been no complaints directed at the City of which we are aware with respect to a lack of Class II restaurant facilities in the southeast quadrant of the community. The Land Use Guide Plan text specifies CL (Limited Business) as the most appropriate Land Use Guiding at "Gateway" points of our community. This application proposes changing existing CL to the proposed CS contrary to that Guide Plan finding. 7. What impact will the proposed change have upon the several Comprehensive Plan elements? a. Transportation. In a report from the City Traffic Consultant dated June 26, 1990, it is found that the traffic that would result from the Land Use Guide Plan change proposed would be approximately four percent greater than from the Land Use Guide Plan Classification that now exists on the site. The four percent change is not considered to be significant. b. Sanitary Sewer. As noted in the applicant's narrative sanitary sewer flow for the CS use will be less than that which would result from CL of the same site. c. Storm Drainage, Municipal Water, Housing, Capital Permits Program, Official Controls, City Parks and Open Spaces. No significant changes from the reguiding from CL to CS are expected with these Comprehensive Plan elements. II. Amended MPUD Preliminary Plan /Plat /Conditional Use Permit A. The Zoning Ordinance Planned Unit Development section specifies that the Planning Commission make its recommendation with respect to a new or amended PUD Preliminary Plan based on the compatibility with the purposes and intent of the Planned Unit Development Ordinance; the relationship of the plan to the neighborhood in which it is proposed, to the City's Comprehensive Plan, and to other provisions of the Zoning Ordinance; and, the internal organization and adequacy of various uses and densities, circulation and parking facilities, and recreational areas /open space. 1. The applicant, in his narrative, does discuss the relationship of the plan amendment to the PUD attributes. Of significance in that discussion is the statement that the "same brick will be used on Arby's as on the existing retail center." In addition to this finding the applicant makes no statements with respect to additional response of the PUD plan to the PUD attributes as a result of the proposed amendment. 2. The proposed MPUD amended Preliminary Plan includes the following proposals for modifying the dimensional standards of the B -3 Zoning District to accommodate the restaurant facility proposed in the plan amendment: a. Parking setback to the east side property line proposed to be five feet versus the Ordinance standard of twenty feet. b. Drive aisle setback to the east property line proposed at a minimum of two feet versus the Ordinance standard of fifteen feet. c. Drive aisle setback to the west property line of ten feet versus the Ordinance standard of fifteen feet. These setback issues are most appropriate for Final Site Plan review stages. They are addressed here to suggest the Preliminary Plat /Plan may propose a site that is too small for the proposed use. B. The proposed PUD plan amendment parallels the Land Use Guide Plan amendment discussed above. The applicant proposes changing a portion of the plan from one hundred percent office utilization to a combination restaurant (1.2 acres) and reduced scale office use (4.79 acres). C. The applicant, in his narrative, provides response to the six Conditional Use Permit standards found in Section 9 of the Zoning Ordinance and which are to form the basis for the issuance of any Conditional Use Permit. D. The relationship of the proposed Preliminary Plan to the development and circulation of the existing Waterford Park Plaza Shopping Facility is discussed in detail in the memorandum of the City Engineer. To avoid traffic circulation conflicts, careful attention must be paid to the specific geometric design of roadway and access improvement related to this proposed plan amendment. Additional detail in that regard is addressed in the review of the MPUD Final Site Plan. E. The Preliminary Plat proposed divides the existing Outlot A of "Waterford Park Plaza" into two lots, each with public street frontage and of sufficient size to qualify as either B -1 (Limited Business) or B -3 Service Business) lots by dimensional characteristics. III.MPUD Final Plat and Site Plan A. Except as noted above with respect to requested MPUD Preliminary Plan dimensional modifications, the proposed MPUD Final Site Plan meets City Ordinance and Policy requirements with respect to site design features. Specifically (except as noted above) structure and parking setbacks and design are consistent with requirements, including vehicle stacking for the drive -up window; the landscape plan meets the standards of the Plymouth Landscape Policy; trash will be stored both within the principal structure and in an enclosure constructed consistent with Zoning Ordinance specifications; rooftop mechanical equipment will be fully screened by the parapet extension; and all signage is consistent with the specifications of the Zoning Ordinance. Denial of the requested site modification would result in a need to resign the Site Plan. B. Applicant states that the exterior will be of primarily brick in a color and style identical to the existing Waterford Park Shopping Center located adjacent to the site. The architectural design, including roof detail, is also similar to the existing center. The proposed Site Plan meets the standards of the City Council Resolution regarding architectural design and site aesthetics. C. The City Engineer, together with the City's Consulting Traffic Engineer, make a series of recommendations with respect to Site Plan modifications involving access and circulation. We understand that it may be the intention of the applicant to modify his Site Plan to relocate the primary access to the site to 6th Avenue North consistent with one of the suggestions made by the City Engineer. No amended Site Plans have been submitted as of the date of this Staff Report reflecting such changes. The petitioner understood that the traffic study would dictate changes to Site Plans and possibly the Environmental Assessment Workseet (see letter). The petitioner has been advised that new revised plans should not be presented to the City other than through the prescribed plan review process. D. The PUD Final Plan and Plat propose no changes from the proposed MPUD Preliminary Plan and Plat. PLANNING STAFF COMMENTS: 1. No clear public purpose has been presented by the petitioner or can be found by staff to support a need to reclassify the subject site from CL Limited Business) to CS (Service Business) other than the applicant's contention that a need exists for additional restaurant facilities in this quadrant of the community -- specifically Class II restaurants. While we cannot quantitatively dispute the contention of need, we can observe that we have not received comments or complaints from residents or employees of the community that service business, specifically Class II restaurants, are in short supply, and that our comprehensive plan should be amended to rectify that situation. During the original Land Use Guide Plan amendment process involving the Waterford Park Plaza site discussion included consideration of this area as a "Gateway" to the City of Plymouth because of its high visibility location at State Highway 55 and State Highway 169. The Land Use Guide Plan text specifically mentions a positive relationship between CL Limited Business) guiding and "Gateway" locations within our community. The CL guiding that exists is more appropriate. 2. Other parcels exist within reasonable proximity of this site -- both developed and undeveloped -- that could be negatively affected by the creation of additional CS guiding. In addition, with a specific PUD plan depicting use of the CS guided site as a Class II restaurant location we observe that CR sites in this area of the community could also be impacted by the reclassification proposed. We do not find a lack of developable property within this quadrant of the community that would support the use that is proposed responsive to the Guide Plan reclassification applied for. 3. The applications for an MPUD Preliminary Plan /Plat /Conditional Use Permit and an MPUD Final Plat and Site Plan were submitted concurrent with the application for the Land Use Guide Plan amendment for this site. These actions were taken by the applicant with full realization that, should the Land Use Guide Plan amendment not be successful, the other two application steps would be without purpose. Should the Planning Commission and City Council concur in staff findings with respect to the Land Use Guide Plan amendment, no further action is necessary or should be taken with respect to the MPUD Preliminary Plan /Plat /Conditional Use Permit and MPUD Final Plat /Plan applications. 4. Should the Planning Commission find the proposed Land Use Guide Plan amendment appropriate and recommend approval, we find the proposed MPUD amended Preliminary Plan /Plat /Conditional Use Permit to be responsive to the Zoning Ordinance and related City Code standards except with respect to those Zoning Ordinance dimensional modifications that have been requested We note that parking and /or drive aisle setback modification is requested on both the east and west sides of the proposed site. With the entire Outlot A of "Waterford Park Plaza" available from which to carve a site to locate this Class II restaurant, we can observe little purpose for the setback flexibility that is being requested. This is a new site and there is sufficient adjacent land to fully accommodate the anticipated use by enlarging this one. The dimensional modifications are not warranted. 5. Related to the design of the site, the Fire Chief has recommended that variances requested to eliminate a fire lane along the south and east sides of the proposed structure be denied. If that denial is sustained by the City Council the service lane to the drive -up window will be required to function as a fire lane as well. Both the inside turning radius and the width of this lane will be required to be increased if it is to serve as a fire lane. This would further negatively impact the Site Plan with respect to setback deviations from the Zoning Ordinance standard. 6 An agreement entered into between Ryan Construction Company and the City of Plymouth provides that the access to the "Waterford Park Plaza Shopping Center" shall be moved easterly at such time as traffic warrants that relocation to allow the extension of the existing median in 6th Avenue North further easterly by approximately one hundred feet. This relocation can be accomplished without encroachment upon the restaurant site, but will likely result in the relocated driveway being in very close proximity to the restaurant site property line. We find that this future design feature will result in parallel but opposite direction traffic lane in very close proximity, and little landscaping to separate asphalt areas and traffic movements. The full setback for parking or drive areas should be provided along the west property line of the restaurant site to mitigate this future proximity problem. 7 Subject to our comments noted above and the traffic engineering concerns, the MPUD Final Site Plan will require modification as well. With the modifications suggested above, the MPUD Final Site Plan would be responsive to the amended MPUD Preliminary Plan and the applicable provisions of the Plymouth Zoning Ordinance and City Code with respect to the type plan designed. If no changes are made in the Site Plan with respect to the direction of the primary access to the site, the City Engineer's recommendations with respect to modifications to the existing access point should be included in any approval recommendation. RECOMMENDATION: I recommend denial of the Land Use Guide Plan amendment requested based on findings noted in the Draft Resolution for denial which is attached. Consistent with prior practice we have also included a Resolution of approval for the Land Use Guide Plan amendment subject to the usual conditions, including concurrence by the Metropolitan Council. Should the Staff Recommendation for denial of the Land Use Guide Plan amendment be concurred on by the Planning Commission, no action with respect to the MPUD Preliminary Plan /Plat /Conditional Use Permit and MPUD Final Site Plan will be taken. The applications, on their face, are inappropriate because a Land Use Guiding of the site will not support the Plan amendment and Site Plan proposed. Should the Planning Commission recommend approval of the Land Use Guide Plan amendment proposed, consideration of the rezoning and MPUD Preliminary Plan /Plat /Conditional Use Permit are appropriate. We recommend that the Preliminary and Final Plans /Plats and Conditional Use Permits be approved subject to access adjustments recommended by the City Engineer and the movement of the easterly property line sufficient to provide the Ordinance standard parking and /or drive aisle setbacks on the east and west sides of the site. We find no basis for the Zoning Ordinance dimensional modifications. If a reommendation is made for approval of the Preliminary Plan, consideration of the MPUD Final Site Plan is appropriate. Resolutions are attached providing for denial of the Land Use Guide Plan amendment, approval of the Land Use Guide Plan amendment, approval of the MPUD Preliminary Plan /Plat /Conditional Use Permit, and approval of the MPUD Final Plat /Final Site Submitted by: s L. umeY-w;,uommunity ueveiopment worainator ATTACHMENTS: 1. Resolution denying Land Use Guide Plan amendment 2 Resolution approving Land Use Guide Plan amendment 3. Resolution approving amended MPUD Preliminary Plan /Plat /Conditional Use Permit 4. Resolution approving MPUD Final Site Plan /Plat 5. Engineer's memo 6. Petitioner's narrative 7. City Council Resolution 88 -308 approving MPUD Preliminary Plan /Plat /Conditional Use Permit 8. Planning Commission Minutes of May 25, 1988. 9. Location map 10. Approved MPUD Preliminary Plans and Plat pc /cd /90052:rcr) DENYING LAND USE GUIDE PLAN AMENDMENT FOR RYAN CONSTRUCTION COMPANY FOR WATERFORD PARK PLAZA" LOCATED AT THE NORTHEAST QUADRANT OF 6TH AVENUE NORTH AND REVERE LANE (90052) WHEREAS, Ryan Construction Company has requested approval for a Land Use Guide Plan Amendment to reclassify 1.2 acres of property, a portion of Outlot A, Waterford Park Plaza, located at the northeast quadrant of 6th Avenue North and Revere Lane, from CL (Limited Business) to CS (Service Business); and, WHEREAS, the Planning Commission has considered the request following a duly scheduled public hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the reclassification of land use guiding for Ryan Construction Company for "Waterford Park Plaza" for approximately 1.2 acres located,at the northeast quadrant of 6th Avenue North and Revere Lane, from CL (Limited Business) to CS (Service Business), for the following reasons: 1. The existing classification (CL) is more responsive than the proposed classification (CS) to the locational characteristics of the site, specifically the "gateway" characteristic. 2. No lack of developed or undeveloped land of the CS classification has been demonstrated. 3. Existing developed and undeveloped land in the CS and CR classification will be negatively affected by this reclassification. APPROVING LAND USE GUIDE PLAN AMENDMENT FOR RYAN CONSTRUCTION COMPANY FOR WATERFORD PARK PLAZA" LOCATED AT THE NORTHEAST QUADRANT OF 6TH AVENUE NORTH AND REVERE LANE (90052) (MPUD 86 -1) WHEREAS, Ryan Construction Company has requested approval for a Land Use Guide Plan Amendment to reclassify property located at the northeast uadrant of 6th Avenue North and Revere Lane, from CL (Limited Business) to CS ?Service Business); and, WHEREAS, the Planning Commission has considered the request following a duly scheduled public hearing and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the reclassification of land use guiding for Ryan Construction Company for Waterford Park Plaza" for approximately 1.2 acres located at the northeast quadrant of 6th Avenue North and Revere Lane, from CL (Limited Business) to CS Service Business), subject to the following conditions: 1. The developer shall gain approval of landscape and site plans within one year of City Council approval of the Comprehensive Plan and Land Use Guide Plan Amendment. 2. Concurrence of the Metropolitan Council. 3. Development shall take place consistent with plans approved for this site as MPUD 86 -1. APPROVING AMENDED MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND CONDITIONAL USE PERMIT FOR RYAN CONSTRUCTION COMPANY FOR "WATERFORD PARK PLAZA" LOCATED AT THE NORTHEAST QUADRANT OF 6TH AVENUE NORTH AND REVERE LANE 90052) WHEREAS, Ryan Construction Company has re uested approval for an Amended Mixed Planned Unit Development Preliminary Plan Plat and Conditional Use Permit for Waterford Park Plaza" to change 1.2 acres of Outlot H from office use to Class II restaurant use, located at the northeast quadrant of 6th Avenue North and Revere 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 request by Ryan Construction Company for an Amended Mixed Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for "Waterford Park Plaza" located at the northeast quadrant of 6th Avenue North and Revere Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Rezoning shall be finalized with the filing of the Final Plat. 3. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 4. Compliance with the applicable conditions of Resolutions 88 -308 and 88- 508. 5. Final Plat mylars shall refer to MPUD 86 -1. 6. Cross easements for access shall be submitted and recorded with Lot 1, Block 1, Waterford Park Plaza. APPROVING MIXED PLANNED UNIT DEVELOPMENT FINAL PLAN /PLAT FOR RYAN CONSTRUCTION COMPANY FOR "WATERFORD PARK PLAZA "LOCATED AT THE NORTHEAST QUADRANT OF 6TH AVENUE NORTH AND REVERE LANE (90052) WHEREAS, Ryan Construction Company has requested approval for a Mixed Planned Unit Development Final Plan /Plat for "Waterford Park Plaza" located at the northeast quadrant of 6th Avenue North and Revere 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 request by Ryan Construction Company for a Mixed Planned Unit Development Final Plan /Plat for "Waterford Park Plaza" located at the northeast quadrant of 6th Avenue North and Revere Lane. FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. pc /res /90052.fp) SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO MIXED PLANNED UNIT DEVELOPMENT FINAL PLAT /PLAN FOR RYAN CONSTRUCTION COMPANY FOR "WATERFORD PARK PLAZA "LOCATED AT THE NORTHEAST QUADRANT OF 6TH AVENUE NORTH AND REVERE LANE (90052) WHEREAS, the City Council has approved the Mixed Planned Unit Development Final Plat /Plan and Development Contract for Ryan Construction Company for Waterford Park Plaza" located at the northeast quadrant of 6th Avenue North and Revere Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following conditions to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. The Ordinance rezoning the property shall be published upon evidence that the Final Plat has been filed and recorded with Hennepin County. 3. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 4. No building permits to be issued until the Final Plat is filed and recorded with Hennepin County. 5. The Final Plat mylars shall contain a statement noting that the plat is part of the approved MPUD 86 -1 per Section 9 of the Zoning Ordinance. 6. The Development Contract, as approved by the City Council, shall be fully executed prior to release of the Final Plat. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: July 5, 1990 FILE NO.: 90052 PETITIONER: Mr. Bill McHale, Ryan Const. Co. of MN., Inc., 700 International Centre, 900 2nd Ave. So., Minneapolis, MN 55402 SITE PLAN: ARBY'S LOCATION: North of 6th Ave., east of Revere Lane, in the southeast 1/4 of Section 36 ASSESSMENT RECORDS: N/A Yes No 1. _ X _ Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2• Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None 5. Other additional assessments estimated: None LEGAL /EASEMENTS /PERMITS: N/A Yes No 6. _ _ X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. Will comply with the filing of the final plat of Waterford Park Plaza 2nd Additio N/A Yes No 7. _ _ X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) See Item No. 6 8. X _ _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. N/A Yes No 10. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- UTILITIES AND TRAFFIC: N/A Yes No 12. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR X Bassett Creek MN DOT Minnehaha Creek Hennepin County Elm Creek X MPCA Shingle Creek State Health Department Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ _ X Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: The storm sewer system shall be redesigned so that it drains toward the shopping center as shown on previous plans. The system at 6th Ave. N. is not sized to handle the runoff from this site. This will also eliminate the flat slopes of the storm sewer pipes 0.25. R -3067 Catch basin casting assemblies shall be used for the storm sewer in the parking lot. N/A Yes No 14. _ X _ Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. _ X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. _ X Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. _ X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. 18. X _ Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and N/A Yes No 20. _ X All existing street right -of -ways are required width - Additional right -of -way will be required on 21. _ X _ Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ X Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 24. _ X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. Note Item No's 6. 7. 12, 13, and 26. 5- um i zloimiI 27. A. The following modifications shall be made to the main driveway entrance into this site (see attached drawing): 1. Move the entrance approximately 30 feet further from 6th Ave. 2. Provide a right turn de- acceleration lane from the main driveway into the shopping center for the driveway entrance into Arby's site. 3. Construct concrete curb and gutter and close the drive isle entrance from the existing parking lot opposite the new access to Arby's. B. The Site Plan shall include all existing utilities by size and type on the strip shopping center site. C. The watermain shall be considered private and will not be maintained by the City. D. Cross easements will be required for utilities and driveways. E. The drainage and utility easements shall be 20 feet wide over the sanitary sewer only. Submitted by: Daniel L. Faulkner, P. E. City Engineer N .a cn V' o. O IM C W I I Q M is ` .• I w v d cm M r 1• c o J s- 61 of NJI a -- 0 f - 1; i W1 3 { ; I r _ 1 r f _ isv ....__. Y f L l City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: July 2, 1990 FILE NO.: 90052 PETITIONER: Mr. Bill McHale, Ryan Const. Co. of MN., Inc., 700 International Centre, 900 2nd Ave. So., Minneapolis, MN 55402 FINAL PLAT: WATERFORD PARK PLAZA 2ND ADDITION LOCATION: East of Revere Lane, north of 6th Ave. in the Southeast 1/4 of Section 36 N/A Yes No 1. _ X _ Watermain area assessments have been levied based on proposed use. 2. _ X _ Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: Hone 5. Other additional assessments estimated: None 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 T 7. X All standard utility easements required for construction are provided - The City will require twenty foot (201) utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: 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. 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. 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 subiect 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 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR X Bassett Creek Mn DOT Minnehaha Creek Hennepin County Elm Creek X MPCA Shingle Creek State Health Department Army Corps of Engineers Other The developer must comply with the conditions within any permit. 2 - N/A Yes No 12. X 13. X 14. X_ Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 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. Acceleration /deceleration lanes provided - Acceleration/ deceleration lanes are required at the intersection of and 15. _ X _ All existing street rights -of -way are required width - Additional right -of -way will be required on UTILITIES: N/A Yes No 16. _ X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 - N/A Yes No 17. _ X _ Final utility plans submitted comply with all City requirements - The developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). 18. x _ _ Per developer's request final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1 of the year preceding construction, if the developer is paying 100% of the cost. 19. x _ _ Minimum basement elevations - Minimum basement elevations must be established for the following lots. 20. X The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. x _ _ The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - N/A Yes No 22. _ x It will be necessary to contact Bob Fasching, the City's public utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right -of -way. All water connections shall be via wet tap. N/A Yes No 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Shall comply with Bassett Creek permit 24. A. A curb cut relocation agreement was signed by RNWNL on August 16, 1988. This Final Plat shall comply with the conditions noted in the agreement. B. The cost estimate for the sanitary sewer and watermain shall be submitted. C. The watermain shall be considered private and will not be maintained by the City. D. Cross easements will be required for utilities and driveways. E. The drainage and utility easements shall be 20 feet wide over the sanitary sewer only. Submitted by: Daniel L. Faulkner, P. E. City Engineer 5 - M0 — uN 1 lggo VAY OF avIOPME O Pt. MUwv Development Narrative Waterford Park Plaza 2nd Addition Arby's Plymouth, Minnesota Developer /Applicants Ryan Construction Company Arby's June, 1990 Introduction Waterford Park Plaza was approved as a M.P.U.D. (Mixed Use Planned Unit Development) in 1988. It was an expansion of the Waterford Park /Groves Office Park M.P.U.D. adjacent to the east. The Waterford Park Plaza involved a reguiding /rezoning from Industrial Park to a mix of Service Business (CS /B -3 Retail Zoning) and Limited Business (CL /B -1 Office Zoning). Initial construction consisted of the retail /CS on the undeveloped portion of the site and the existing Devac Company remained in operation on the office -CL site. Recently, Devac moved and the building was raized thereby opening the site for development. The proposal is for development of an Arby's restaurant (3,490 sq. ft.) on 1.2 acres of the 4.79 acre CL- office site (currently approved for an 80,000 sq. ft. office building). The remaining 3.59 acre site would remain as a limited business (CL /B -1) parcel and with approximately 60,000 sq. ft. of office space anticipated to be developed. 1 Land Use Guide Plan Amendment 1. Demonstrate that locational criteria of both the existing and proposed classifications are satisfied by the specific site. A. Existing CL- Limited Business Classification 1. The site is adjacent to the T.H. 55 (Intermediate Arterial) frontage road and near the signalized intersection of T.H. 55 and Revere /Quaker Lanes. Revere Lane and the frontage road are defined as major collectors and provide alternate access routes to intersections at 13th Ave. /T.H. 169 and Southshore Drive /T.H. 55 (via 10th Ave.). Therefore the site has both access and exposure. 2. Industrial property is north of the Waterford M.P.U.D. across Bassetts Creek. High density residential is nearby but not adjacent, lying south across T.H. 55 and to the northwest across 10th Avenue. 3. The site is within the Waterford M.P.U.D. and adjacent to the Prime West project - both major commercial (office and retail) centers. 4. The site is located at a major gateway intersection to Plymouth (T.H. 55 & T.H. 169). B. Proposed CS - Service Business Classification 1. The site is near the intersection of Revere Lane and T.H. 55 providing excellent access and exposure as required by a retail use of this type. 2. The use is adjacent to the existing Waterford Park Plaza Retail Center (CS Building) and Waterford Park Office Center. Industrial land is to the north. 3. Residential land is nearby but not adjacent to the site lying both south of T.H. 55 and to the northwest. 2. Can the site by reasonably developed under the current classification and why should it change? The current CL classification does not allow a class II restaurant. The proposed use is allowed as a conditional use within the CS classification. The change would be compatible with and a logical extension of the adjacent CS retail center. 2 3. Is there lack of developable property in the same classification as that proposed? There is some other CS land (other than Waterford Park Plaza Retail Center) in the southeast portion of the City but it is limited and essentially developed. The nearest similar uses are at T.H. 55/494, T.H. 169 /Medicine Lake Rd. (Golden Valley) and T.H. 55 /Winnetka Ave. (Golden Valley). The proposed use is supported by the community structure concept. It would provide service to adjacent retail /office parks with ease of access by the private trail system (Waterford Park) or auto. The location adjacent to the existing retail center would also provide convenient access to people within the Bassett Creek walking /driving neighborhood, adjacent portions of the West Medicine Lake neighborhood, parts of Golden Valley and destination /through trips on Highway 55. 4. Will other underdeveloped property in this classification proposed for this site be adversely affected by this action? There is a small 1 acre CS site within Waterford Park Place which has been identified as a future branch bank facility. There would be no adverse affect. Is there other developed property in the classification proposed for this site which may be subject to redevelopment or rehabilitation? There should be no adverse affects. Additional development may stimulate redevelopment activity for other CS land in the acre near Shoreline Drive and T.H. 55. It will also compliment and provide additional exposure for the uses in the existing retail center. 5. Demonstrate that this proposal has merits beyond the owner, proponent or prospective developer of the site. The proposed restaurant would have benefit to the residential /commercial /industrial uses in the area by providing convenience and access to this type of use. The neighborhood has very limited access to this type of use in the area. 3 6. Demonstrate that the new classification would be the highest and best use of the site. What is the public need or community benefit? Restaurant uses are limited in this area. This proposed use would help fill that void. This is especially true given the large amount of office, retail and industrial space in the area and need to provide these uses with convenient lunch restaurant access. The use will provide a needed mixed use diversification element to this gateway area of the City which is compatible with the adjacent existing uses. 7. What impact will the proposed change has upon various Comprehensive Plan Elements? A. Transportation - The peak use time for the proposed restaurant is during the noon hour. There will be a slight increase in the p.m. peak traffic hour volume (compared to the existing office classification use) but impact is minimal especially when compared to the overall traffic. See the attached memorandum. B. Sanitary Sewer - Sanitary sewer flow for the proposed use is expected to be less than one -half than for the proportional share of office space that may have been built. See the attached memo. C. Storm Drainage - Storm water storage and in -place storm sewer have been designed to accommodate site runoff. D. Municipal Water - An existing 12 inch watermain is adjacent to the site. Water service to the site will loop with other watermain in the area. Water service should be more than adequate. E. Housing - No impact anticipated. F. Capital improvement Program - No impact anticipated. G. Parks and open space - No impact anticipated. H. Official Controls (zoning, conditional use permit, P.U.D. amendment, variances, subdivision, environmental). 1. The site will require a rezoning to B -3 to be compatible with the proposed land use change. This has been requested with this proposal. Ll 2. The proposed use will require a conditional use permit under the B -3 zoning. The conformance with standards in Section 9 of the zoning ordinance is as follows: A. Compliance with the comprehensive plan - The site is proposed to be reguided from CL to CS to allow the intended use. Discussion regarding the Land Use Amendment occurs elsewhere in this narrative. B. Impact on general public welfare and the public health, safety, morals or comfort - The proposed use will enhance the general public welfare by providing a needed type of use in the area. The proposed restaurant is also regulated by other governmental agencies such as the Department of Health. This type of use would not be detrimental to or endanger the public health, safety, morals or comfort. C. Will the use be injurious or impact property values in the area? - No. The proposed use will be compatible and complimentary with adjacent uses. It will provide a desirable service to uses within the area. Providing compatible architectural detail (same brick as the retail center), tasteful signage, appropriate landscaping and other controls within the P.U.D. will assure a compatible appearance with the adjacent Waterford Park Plaza Retail Center and not impair property values within the area. D. Impact on orderly development - There is little to no undeveloped B -3 land in the area. The proposed use will not impede other development permitted within the district. E. Access - Primary site access will come from within the Waterford Park Plaza Retail Center site. Its location along the main entry to the Retail Center will allow ease of site access while minimizing impact on and maintaining appropriate ingress /egress to other uses within the Center. A secondary site access will be provided from /to the adjacent future office site when that is developed. F. Conformance to applicable regulations of the district The site is within the Waterford Park M.P.U.D. The proposed use will confirm with the various regulations of the zoning ordinance or M.P.U.D. as appropriate. 5 3. P.U.D. Amendment The proposed use will require an amendment to the existing M.P.U.D. The P.U.D. is intended to provide flexibility in development and design. Review of the expected attributes of the P.U.D. as it relates to the proposed amended use is as follows: A. Benefits from new technology - The building design and materials are intended to be compatible with the adjacent retail center. The same brick will be used on Arby's as on the existing retail center. The proposed use is compatible with and a desirable supplement to the adjacent area land uses and the Waterford M.P.U.D. B. Registered architects, engineers, landscape architects and trained site planners have prepared and reviewed plans for the proposed restaurant use to assure compatibility with the adjacent Retail Center. C. Efficient use of infrastructure - The proposed site development uses existing utilities and access. There would be no additional cost for new public improvements. D. Recreational Facilities - There would be no need for additional public or private recreational facilities. The original M.P.U.D. provided for trails and common open space within the area. E. Preserve desirable site characteristics - There are none to preserve. The proposed development will improve the image and character of the previous land use. 4. Variances Two variances are requested as follows: A. A variance to the standard parking /drive lane setbacks is requested as part of the M.P.U.D. design flexibility. Adjacent existing and proposed green space will provide appropriate separation, transition and buffering of uses within the M.P.U.D. Refer to the proposed site plan for specific dimensions. 6 B. A variance is requested to a required fire lane surrounding the proposed use. Fire access is available to the north and west of the building through the proposed parking lot on site. The fire department connection is located on the north face of the building along a posted fire lane and near a proposed hydrant. Fire access from the south will be from adjacent 6th Avenue where there is an existing hydrant. Fire access to the east will be from a future parking lot for the anticipated adjacent office development. The building is about 102 feet in length. Parking and a drive -thru lane will surround the building giving ease of access to the entire building from the hydrants. 5. The site will require subdivision of the existing 4.79 outlot into 2 lots of 1.2 acres (for the proposed restaurant and CS guiding and 3.59 acres (for office and existing CL guiding). 6. There will be no environmental impact. The site was previously used by the Devac Company. It does not have any wetlands or other sensitive or desirable features. 7 Memorandum from Westwood Professional Services Subject: Trip Generation Comparison Waterford Park Plaza Date: June 14, 1990 Prepared By: Bruce Boje The following table compares trip generation forecasts for the original Waterford Plaza configuration and a modified Waterford Plaza. The modified Waterford Plaza reduces an office building size from 80,000 square feet to 60,000 square feet and adds a 3,490 square foot Arby's Fast Food Restaurant. The trip generation forecasts were based on the 4th Edition of the I.T.E. Trip Generation report. The Arby's was assumed to have a drive -thru window. TABLE 1 TRIP GENERATION COMPARISON -- WATERFORD PARK PLAZA Based on I.T.E. Trip Generation Rates) ORIGINAL PLAN Rates - - -- - -- Trips - -- Land Use UNITS A.D.T. P.M. A.D.T. P.M. Office 80.00 14.500 2.050 1160 164 Totals 1160 164 PROPOSED MODIFICATION Rates - - -- - -- Trips - -- Land Use UNITS A.D.T. P.M. A.D.T. P.M. Office 60.00 15.583 2.15 935 129 Restaurant (Drive thru) 3.49 632.125 33.257 2206 116 Totals 3141 245 A.D.T. - Average Daily Traffic Volume P.M. - Peak Traffic Hour Volume Increase in A.D.T. - Average Daily Traffic Volume - 1981 Increase in P.M. - Peak Traffic Hour Volume 81 Based on a study provided by Arby's and performed by Benshoof and Associates in June of 1984, the average I.T.E. trip generation rate for fast -food restaurants is greater than that of a typical Arby's. Trip data was collected by Benshoof and Associates for two 2,900 square foot Arby's with drive -thru windows located in the metropolitan area. The trip generation rate of the collected data does fall within the I.T.E. trip generation rate range. The results of the collected data indicated that an average of 50 inbound and 38 outbound trips were counted during the p.m. peak hour (4:45 - 5:45 p.m.). The following table compares the collected data with the I.T.E. trip generation data. TABLE 2 Comparison of Trip Generation Data Collected by Benshoof & Assoc. IN OUT TOTAL Average of two 2900 square foot Arby's 50 38 88 Adjustment for Square Footage (3490/2900) 60 46 106 Collected Trip Generation Rates 17.19 13.18 30.37 I.T.E. Trip Generation Rates 33.26 Trip Reduction Factor Arby's vs. Typical Fast Food .09 Arby's noted that the size of their restaurants does not affect the number of transactions, and therefore does not affect trip generation. Arby's indicated that the differences between 3,490 square foot and 2,900 square foot restaurants are in the size of the kitchen and storage areas and that the number of seats does not change. They did not expect that the number of customers would change between these sizes. If the size change is not considered, the trip reduction factor would be increased from .09 to .11. The following analysis will use a .10 trip reduction factor. Arby's also provided current data (May 1990) indicating the number of transactions for a typical Plymouth restaurant. The data provided by Arby's indicated that the average number of hourly transactions on a typical weekday between 4 - 6 p.m. was 42. A worst -case assumption would assume that each transaction generated an inbound and an outbound trip. It is reasonable to assume that the number of trips that would occur during the peak hour would be 84, which compares closely with and further validates the data collected by Benshoof and Associates. As a result, a 10% trip reduction factor should be applied to the I.T.E. Trip Generation Rates for Arby's versus a typical fast food restaurant. TABLE 3 PROPOSED MODIFICATION ADJUSTED TRIP GENERATION RATE ** Rates - - -- - -- Trips - -- Land Use UNITS A.D.T. P.M. A.D.T. P.M. Office 60.00 15.583 2.15 935 129 Restaurant (Drive thru) 3.49 568.91 29.93 1985 104 Totals 2920 233 Trip Generation Rate for Arby's reduced by 10% from I.T.E. fast -food restaurant rate Increase in A.D.T. - Average Daily Traffic Volume - 1760 Increase in P.M. - peak traffic hour volume 69 2 A sizable portion of traffic generated by fast -food restaurants is already on the adjacent street and merely stops at the establishment in passing by (i.e., passer -by traffic). Research compiled by the Traffic Institute of Northwestern Institute indicates that 45% of fast -food restaurant traffic is already on the roadway. Although this factor won't decrease driveway counts, the effect on the adjacent street is significantly less than would be expected based purely on the trip generation forecasts. A portion of the proposed Arby's trips will be generated within Waterford Park Plaza development. To account for this type of phenomenon, SRF had applied a 15% trip reduction factor to the drive -in bank forecasts in their 1987 Traffic Impact Study for Proposed Ryan Shopping Center /Office Development. A similar trip reduction factor for Arby's seems appropriate. If a 154 trip reduction factor is applied to Arby's, the increase in daily trips expected for the modification is reduced from 1,760 to 1,463 and the increase in p.m. peak hour trips is reduced from 69 to 53. In their 1987 Traffic Impact Study for Proposed Ryan Shopping Center /Office Development, SRF had forecast 30,215 daily trips and 3,829 p.m. peak hour trips. The additional 1,463 daily trips amounts to a 4.8% daily increase and the additional 53 p.m. peak hour trips amounts to an increase of 1.3 %. 3 June 13,1990 Memo From: Dwight Jelle, P.E. Re: Sanitary Sewer Flow Comparison for Plymouth Development Waterford Park Plaza 2nd - Arby's I have reviewed the proposed impact that the addition of a fast food restaurant (Arby's) in lieu of anticipated 20,000 sq.ft. reduction of general office space. The Metropolitan Waste Control Commission estimates sewer flows based on an equivalent number of SAC units. One SAC unit represents 274 Gallons Per Day (GPD) of waste water. The following information represents the data and information that is proposed and contained in the 1983 version of MWCC's document. General Office = 274 GPD /2,400 sq.ft. 20,000 sq.ft. /2,400 sq.ft. x 274 GPD = 2,283 GPD Fast Food Restaurant = 274 GPD /22 seats 90 seats /22 seats x 274 GPD = 1121 GPD As you can see, the flow comparison for the fast food restaurant is less than that of the office space. M 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 6th day of June , 1988. The following members were present: Deputy Mayor slTc, Councilmem ers as ou, Ricker and Zitur The o ow ng members were absent: Mayor c ne der r Councilmember Vasillou introduced 'the following Resolution and moved its a opt on: RESOLUTION NO. 88 -308 APPROVING PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT AND CONDITIONAL USE PERMIT FOR RYAN CONSTRUCTION COMPANY OF MINNESOTA FOR WATERFORD PARK PLAZA (MPUD 86 -1) (87027) WHEREAS, Ryan Construction "ompany of Minnesota has requested approval for a Rezoning, Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for Waterford Park Plaza, for three commercial /office lots on 21.34 acres located in the northeast quadrant of State Highway 55 and Revere Lane (extended); and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear- ing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the Planned Unit Development Preliminary Plan /Plat and Conditional Use Permit for Ryan Construction of Minnesota for property located in the northeast quadrant of State Highway 55 and Revere Lane (extended), subject to the following conditions: 1. Compliance with the City Engineer's Memorandum as amended, and the Traffic Engineering consultant's recommendations. 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. Payment of park dedication tees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of issuance of Building Permit. 5. Compliance with Policy Resolution No. 79 -80 regarding minimum flaor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 6. Rezoning shall be finalized with filing of the Final Plat. 7. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Approval of PUD Preliminary Plan /Plat includes no Variances from Zoning Ordinance specifications, specifically off- street parking and structure parking setbacks. CONTINUED ON PAGE TWO Wes. < J'a,: V' . _ 1:i;; .w.Y a w4 .¢G.. CITY OF PLYMOUTH ' PLANrNING COMMISSION MINUTES MAY 259 1988 The Regular Meeting of the Plymouth Planning Commission was called to order at 7 :30 P.M. MEMBERS PRESENT: Acting Chairman Plufka, Commissioners Stulberg, Zylla, Marofsky and Tierney. Commissioner Wire arrived at 7:30 p.m. MEMBERS AB'ZMT Chairman Pauba STAFF PRESENT: Community Development Coordinator Chuck Dillerud Community Development Director Blair Tremere City Engineer Chet Harrison Planning Secretary Tammy Ward MINUTES MOTION by Commissioner Stulberg, seconded by Commissioner Tierney to approve the Minutes for May 11, 1988 as submitted. Roll Call Vote. 6 Ayes. Motion Carried. PUBLIC HEARINGS Chairman Plufka introduced the request. Coordinator Dillerud provided an overview of the May 17, 1988 staff report. Coordinator Dillerud noted a response by the petitioner regarding the inclusion of the Devac building as an office. Chairman Pauba opened the Public Hearing. Commissioner Marofsky inquired as to what area would be rezoned to B -3 and questioned if this would include the outlot. Coordinator Dillerud explained that it would show as an extension of the MPUD zoning of the property located next door and would not have distinct lines on the map. Director Tremere stated that if the IP is changed to CL upon Council approval, the ultimate underlying zoning for purposes of the record will be B -3 where it indicates CS and B -1 where it indicates CL. By virtue of the Planned Unit Development plan, then the location of the uses would be what the Council approves. He added that this would be similar to the NW Business Campus- 109- MOTION TO APPROVE VOTE - MOTION CARRIVO RYAN CONSTRUCTION CO. REZONING, M.P.U.D. PRELIMINARY PLAT, SITE PLAN AND CONDITIONAL USE PERMIT TO MEND PLANNED UNIT DEVELOPMENT CONCEPT PLAN AND UNDERTAKE NORK IN FLOODWAY. (88033) raga Pruning Co nissiones d T ti :May 25, .1988 • Commissioner Marofsky noted that the Engineer's Report Indicated that the access road should be moved further to the east (Phase I access be moved to the east to match the proposed access to the Phase II). He inquired what this would do with respect to the outlot. Engineer Harrison Indicated that this Item has been addressed between staff and the developer and is willing to accept the interim design (access road) out onto the frontage road. The owner will provide financial guarantees that the road can be relocated to where the City selects, at the time the City selects, based or the capacity of the Intersection and improvements needed to meet capacity needs. Commissioner Marofsky inquired if there was an assurance as to when the Devac outlot would be developed. Coordinator Dillerud confirmed that there were no assurances, however, the acquisition is proposed for late 1989. Commissioner Marofsky inquired about ownership of the property. Coordinator Dillerud advised that the petitioner did not currently own the property, however, they did have a purchase agreement with a time line for the possession. Director Tremere added that the property owner has authorized the approval of Ryan's plans and this will hold, from the City's prospective, iviless the plans are amended. Commissioner Zylla was concerned with the Devac site and wanted to have some type of assurance that the approved concept plan would be developed. Director Tremere advised that the City has no control over the timing regarding the non - conforming use, however, another- party could not redevelop the site without the City's prior scrutiny. Chairman Plufka advised that the Commission's responsibility was to makt recommendations to the City Council with stipulations, and the questions should be directed to the petitioner. Chairman Plufka introduced the petitioner, Alan Schackman, of Ryan Construction. Mr. Schackman stated that the staff had done an excellent job summarizing the proposal, and discussed the access issue and the Devac site issue. Mr. Schackman responded to Commissioner Zylla's questions regarding "high- tech" and advised that there would be compliance with the guiding for office use at a future time. He indicated that what Ryan proposes is an upgrade from the existing conditions and that is what the City Council was looking for. Mr. Schackman advised that Ryan does not currently own the property, however, they intend to have ownership by October 1989. Regarding access concerns, he said Ryan can post the necessary financial guarantees. Commissioner Marofsky inquired if there was a binding agreement with the owners of the Devac site, or if there were any contingencies regarding the sale of the property, where either o' the parties could back out. Mr. Schackman Va l r, e"t.t i` iii ` v .. C.v j,i;. .` .,'{ •s, -. a:.: ERR' Planning Commission Mies May 25, 1988 Indicated that Ryan could not default on the agreement. He added that the seller could deliver possession prior to c October 1989. This would be unlikely. Chairman Plufka opened the Public Hearing. Thera was no one present to speak on this proposal. Chairman Plufka closed the Public Hearing. Chairman Plufka confirmed with Mr. Schat;kman that the future bank site would be plattid as an outlot since the proposed site has not been fully acquired. Commissioner Iylla indicated that he was not opposed to the concept; however, he did want to make sure that the City gets what it is supposed to get and did not want to be left with only part of a plan. He expressed his concern that some type of assurance be set by the City Attorney that the Devac site would indeed be changed to conform to the guiding Director Trenere indicated that there are no absolute guarantees and that this was a unique situation. He stated that it was better to have the land Included In a Planned nit Development Plan, with the existing building, than to not have the :and included. The site would still have a building on It, with a non - conforming use. This proposal has the best options with gooe Intentions. Mr. Schackman advised the Commission that Ryan takes pride In what they develop, and they have never done any less than what they were committed to do. Commissioner Tierney inquired if the Devac site is used for office, will there need to be a change in the parking requirements. Mr. Scha.;k,p,n stated that any plan for the outlot must stand on its ow Commissioner Tierney inquired f the Conditional Use Permit was due to the encroachment on the the floodplain and questioned if this would be an encroachment regardless of the parking requirements. Mr. Schackman advised that the Engineer's Study indicates that the encroachment is minute and does not affect. the flowage of water. Commissioner Marofsky inquired about the foot bridge having no connection with the SJ Groves site. He also mentioned the soil in the back area was the worst available soil. Mr. Schackman stated that the trail was designed to be a foot trail, used by pedestrian traffic. He added that t;ie Intent is to connect the system with the S3 Groves site during Phase III of the development. Mr. Schackman also Indicated that the impact on the Bassett Creek Flood plain Is minimal. With regard to the soil, Mr. Schackman indicat- ed that Ryan does not build on bad soil and measures would be taker to Improve the soil. planing Commission M es Mali 25, 1988 s Coordinator Dillerud noted that Item 24 of the Engineer's Report needed to be modified to reflect the agreement status to mot:!fy the cure cuts and be consistent with ..he explanations. Motion by Commissioner Wire, seconded by Commissioner Zylla to recommend approval of the preliminary plat /plans rezoning, Condit(onal Use Permit and Planned Unit MOTION T^ APPROV Development subject to the Ist Condition being revised to be In compliance with the City Engineer's Memo as amended and Conditions 2 -7 as stated. Commissioner Wire moved to amend the main motion by adding a MOTION TO AMEND MAP. Condition 8 to allow a parking variance if they have B -2 MOTION uses, rather than the B -3 uses in the center. No second, the motion fails. VOTE - MOTION FAILS Motion by Commissioner Marofsky, seconded by Cimmissioner MOTION TO AMEND Wire that a new Condition 8 shall show the Lot 1, Block 2 4 acres) as an outlot. Director Tremere inquired if the reason, w.js to assure packaging of the laid to create a buiidahle site. Commissioner Marofsky indicated the reason was it is a non- hui'dable site at .4. Roll Call Vute. 6 Ayes. Motion Carried. VOTE - MOTION eARRIEV Commissioner Zylla moved, seconded by Commissioner Marofsky to ,mend the main motion by idding a Condition 9 that the MOTION TO AMEND City Ct uri,;ll gzin assurance from the developer, now, that the non - conforming use on the Devac property be eliminated by a specific date so the proposed Planned Unit Development Plan can be fully implementer!. Commissioner Marofsky clarified the motion for Commissioner Tierney: this developer should be responsible for any economic considerat'.ons regarding displacement of the Devac plant and jobs. Roll Call Vote. 3.Ayes. Commissioners Stulberg, Tierney and VOTE - MOTI(Yi FAILS Chairman Plufka hays. Motion fails on the tie. Discussion ensued; Commissioner said he disagrees with the condition, but he understood the intent - to realize the proposed use. Commissioner Marofsky said the key issue is that. Ryan is creating the non- conform'ng use with their proposed zoning, and they should be held accountable for implemenitinq the plasis that were deemed a basis for changing the gliding and zoning. w Page,123 Planning Commission Mies May 25, 1988 n Notion by Chairman Plufka, seconded by Commissioner 11arofsky MOTION TO AME N: for an amendment to restore Condition 8 as a new Condition 9. Roll Call Vote. 6 Ayes. VOTE - NOTION CARRI11 Chairman Plufka introduced the request. The reading of the METROPOLITAN WASh y 16, 1988 Staff Repast was waived. Chairman Plufka CONTROL. COIMISS10t• In roduced the oetitioner's representative, Harold Voth, PRCLIMINAHV PLAT, Met politan Wake Control Commission, 350 Metro Square, SITE PLAN, St. ul, W. Mr. Voth gave an overview of the project CONDITIONAL along th a .iistory of the site. Mr. Voth stated that the USE PERMIT AND lift st ion IF currently at or near capacity. Mr. Voth VARIANCE TO CONSTRUCI Indicate two ±tents on the staff report which did not A SANITARY LIFT receive r ommendations by staff. The first being the STATION AND TO ALLOW setback be een the roadway and the buildings, and the CONSTUCTION WITF!IN second item s the variance for two principal buildings on THE FLOOOWAY accompli3hed, owever, they would be restricted on the west 88J33) side by the exi ting station. The new station would have to be moved further o the east which would be further in the floodway of Basse Creek. The current proposal compresses the facility and m Imizes impact on Bassett Creek. Mr. Voth indicated that a reason for the two structures is an effort to coordinate the aesthetics with the adjacent property owners. Commissioner Stulberg st.a, d that items 6,5 and 3 of the variance findings were dequatcly addressed by the petitioner. However, regar ng item A, he felt that no physical hardships were indica ed by the petitioner. Mr. Voth concurred that there were o physical constraints or ordinance standards toey could s w caused the need for a variance. Commissioner Wire asked if the redes n to one structure, would be, from an engineering standpoi , a better design. Mr. Voth indicated that both options w e comparable, yet there were some advantages. Commissione Wire osked what the cost would be to redesign the project. Mr. Voth stated that he would estimate the cost to be approx tely $30,000 and there would be a `::nificant time delay the project was to be redesigned Lcc-use they have proceede to schedule the work an to solicit bids based upon their plans. Commissioner Wire inquired if the added cost would be charged to the Citizens of Plymouth. Mr. Voth indicated that the revenues from the seven county Metro area would be assessed for the additional amount. Commissioner Marofsky inquired if the proposed site would be adequate to handle sewer use projections 'arough the year 2030. Mr. Voth indicated that it would and the only change that would need to be made is the pumps, which are internal, M N _ AIWA..._ yi 1l _: 1 1 11111 ON PA C93:M:j:, IM= i O01W t 4f tb- pow we iICIk, I lift 4114,5, C 6 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 3, 1990 COMMISSION MEETING DATE: July 11, 1990 FILE NO.: 90054 (RPUD 88 -5) PETITIONER: CSM Corporation REQUEST: Amended RPUD Preliminary Plan /Conditional Use Permit and Final Site Plan for "Bass Lake Hills" LOCATION: Southeast quadrant of County Road 47 and I -494 GUIDE PLAN CLASS: LA -3 (High medium density residential) LA -2 (Low medium density residential) LA -1 (Low density residential) ZONING: R -1A (Low density single - family residential) R -2 (Low density multiple residence) R -3 (Medium density multiple residence) BACKGROUND: On June 5, 1989, the City Council by Resolution 89 -291 approved the RPUD Final Site Plan and Development Contract for the 292 unit attached housing portion of the "Bass Lake Hills" RPUD. Also approved on that date was a resolution setting conditions consisting of sixteen conditions to the recording of the Final Plat. The RPUD Preliminary Plan and Conditional Use Permit covering 292 townhouses and 85 single - family detached lots as the "Bass Lake Hills" RPUD was approved on January 23, 1989 by City Council Resolution 89 -35. This application proposes an amendment to the RPUD Final Site Plan and RPUD Preliminary Plan /Conditional Use Permit to introduce construction of a tennis court facility at the western extremity of the project as an additional active recreational element. Such facility was not included in the approved Preliminary Plan at any location within the project. Notice of this Public Hearing has been published in the official city newspaper and mailed to all property owners within five hundred feet. PRIMARY ISSUES AND ANALYSIS: 1. On June 18, 1990, the City Council adopted a resolution declaring property underlying existing West Medicine Lake Drive surplus from County Road 47 southerly 1,950 feet. This action was consistent with an assumption made with the approval of the "Bass Lake Hills" project that the West Medicine Page Two File 90054 Lake right of way would become available for incorporation within the project area in the near future. The approved RPUD Plan for this project specified the grading of a berm within the vacated right -of -way of West Medicine Lake Drive to provide visual and noise screening to the project units that were to be located adjacent to I -494. 2. The proposed amendment to the PUD Plan provides for a different grading plan for the extreme northwest corner of the townhouse portion of the Bass Lake Hills" project to create a level area and the installation of a tennis court of 120 feet by 60 feet on the level area that has been created. The tennis court structure would lie adjacent to a space between the most northerly two structures that face I -494. It would be at an elevation approximately four feet lower than the southerly adjoining structure and eleven feet higher than the northerly adjoining structure. The berm protecting the southerly structure would be reshaped but remain effective, and the grading following installation of the tennis court would still provide at least an eight foot berm to protect the northerly structure. 3. An amendment to a PUD Preliminary Plan must respond to the attributes of the PUD Ordinance and the six standards of the Zoning Ordinance with respect to any Conditional Use Permit. Copies of both criteria and standards are attached for consideration by the Planning Commission. 4. No outside lighting is proposed; two existing off - street parking spaces are proposed to be designated to serve the tennis court facility; and a path is proposed from the two parking spaces to the tennis court facility. PLANNING STAFF COMMENTS: 1. We find the amendment to the RPUD Preliminary Plan and Conditional Use Permit to provide an additional recreational amenity is both consistent with the PUD attributes and the six standards for Conditional Use Permit as specified by the Plymouth Zoning Ordinance. 2. We find the Preliminary Plan grading related to the tennis intent of the plan in this screening between the townhouse and the thoroughfare corridor landscape plan for this section minimal relocation required to tennis court. Amendment for the location and resulting court to be consistent with the original area of the site -- provision of adequate units on the west periphery of the site of I -494. All elements of the approved of the site shall remain valid with only accommodate the adjusted grading plan and Page Three File 90054 RECOMMENDATION: I hereby recommend approval of the amendment to the RPUD Preliminary Plan /Conditional Use Permit and Final Site Plan to include the additional recreational faci at the west p ry of the site as proposed. Submitted by: C es E. DiIlerud ommunity Development Coordinator ATTACHMENTS: 1. Draft Resolution for approval of amended RPUD Preliminary Plan /Conditional Use Permit and Final Site Plan 2. Engineer's Memo 3. Petitioner's Narrative 4. Conditional Use Permit Standards 5. PUD Attributes 6. Location Map 7. Resolution 89 -292 8. Large Plans pc /cd /90054:rcr) APPROVING AMENDED RPUD PRELIMINARY PLAN, CONDITIONAL USE PERMIT AND FINAL SITE PLAN FOR CSM CORPORATION FOR "BASS LAKE HILLS" LOCATED AT THE SOUTHEAST QUADRANT OF COUNTY ROAD 47 AND I -494 (90054) (RPUD 88 -5) WHEREAS, CSM Corporation has requested approval for an Amended Preliminary Plan, Conditional Use Permit and Final Site Plan to add a tennis court at the northwest corner of the townhouse site for "Bass Lake Hills" for property located at the southeast quadrant of County Road 47 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 should and hereby does approve the request by CSM Corporation for an Amended Preliminary Plan, Conditional Use Permit and Final Site Plan for "Bass Lake Hills" for,property located at the southeast quadrant of County Road 47 and I -494, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 3. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 4. No building permit to be issued until the lot consolidation is filed and recorded with Hennepin County, and the vacated right -of -way of West Medicine Lake Boulevard is deeded to CSM Corporation. 5. Compliance with applicable conditions of Resolution 89 -35 (Preliminary Plan) and Resolution 89 -291 (Final Plan). 6. The "path" from the parking area to the tennis court shall be asphalt surfaced consistent with the trail construction standard of the City of Plymouth. CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: July 5, 1990 FILE NO.: 90054 PETITIONER: Mr. Charles Schatz, CSM Corp., 680 Kasota Ave., Minneapolis, MN 55414 PUD AMENDMENT/ CONDITIONAL USE PERMIT: TO ALLOW A TENNIS COURT IN THE RIGHT -OF -WAY OF WEST MEDICINE LAKE ROAD BASS LAKE HILLS ADDITION The developer of Bass Lake Hills Addition has submitted an application for a PUD Amendment and Conditional Use Permit to allow the construction in that portion of the West Medicine Lake right -of -way proposed to be deeded to the CSM Corporation. The PUD Amendment and Conditional Use Permit, if approved by the City Council, shall include the following conditions: 1) Silt fence and /or other erosion control methods must be shown on the grading plan. 2) Slopes shall not exceed three -to -one. 3) Shall comply with Shingle Creek requirements. 4) Tennis court cannot be constructed prior to that portion of West Medicine Lake Drive right -of -way being deeded to the CSM Corporation. 5) The parking lot shall include B6 -12 curb and gutter. 6) The grades for the path shall be shown on a revised grading plan. 7) The elevations for the proposed tennis court shall be noted on the revised grading plan. 8) The grading plan shall be revised to show the existing culvert under County Road 47 and how the drainage will be handled when West Medicine Lake Road is closed and regarded at County Road 47. 9) The approved grading plan, including all revisions, shall be used for the tennis court grading plan. w SUBMITTED BY: Daniel L. Faulkner, P.E. City Engineer FR M S MON 9, StIDDMSICN A 2. Procedure. Before any Conditional Use Penmi.t may be granted, the application therefore, shall be referred to the Planning Cccmiission 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 Cmudssion 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 pranote 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 impiovetment 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 PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B SUBDIVISION B - PLANNED UNIT DEVELOPMENT (PUD) 1. Purpose a. The provisions of this section of the Zoning Ordinance are intended to provide areas which can be developed with some modification of the strict application of regulations of the normal zoning districts in accordance with the provisions and regulations contained herein, the intent and purpose of the Comprehensive Municipal Plan, the general intent of the districts in which the development is proposed, and generally in accordance with the "Community Structure Concept" of the Comprehensive Plan. b. The provisions of this section of the Zoning Ordinance provide design flexibility for the development of larger parcels under single ownership or control, in order to obtain a higher quality of development than might otherwise be possible should development occur under strict application of the zoning ordinance regulations for a particular district. c. The benefit to the developer is one of design and development flexibility; in order to utilize this flexibility, the developer has the responsibility to demonstrate that its utilization does indeed provide a development which has substantial attributes to enhance the particular area or the City in total. Expected attributes are: 1) Benefits from new technology in building design, construction and land development. 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. 3) More efficient and effective use of streets, utilities and public facilities to yield high quality development at a lesser cost. 4) More usable and suitably located recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures. 5) Demonstration of affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics. (Amended Ord. No. 82 -15) d. The provisions for Planned Unit Developments in this section are applied in two separate and distinct forms: A Residential Planned Unit Development (R.P.U.D.) and a Mixed Use Planned Unit Development M.P.U.D.). Where provisions are not specifically designated for either the R.P.U.D. or M.P.U.D., they apply to both types. All property within a R.P.U.D. shall be in one or more R Districts. Within a M.P.U.D. land shall include one or more non - residence districts and may or may not include one or more R Districts. 9 -5 c oo54 SPA CORPORATION 680 Kasota Avenue, Minneapolis, Minnesota 55414 (612) 623 -3311 Telecopier (612) 623 -0615 July 3, 1990 Mr. Charles E. Dillerud City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 UP r dH Jul 5 1990 CITY Cr Re: CSM Corporation, RPUD Amended Conditional Use Permit and Plan to Allow a Tennis Court in the Vacated Right -of -Way of West Medicine Lake Road (90054) Dear Mr. Dillerud: Having received your letter of July 2, 1990 of staff comments and observations, the following addresses staff concerns: 1. No outdoor lighting will be used to illuminate the tennis court. 2. CSM Corporation will not construct the tennis court until the vacation of West Medicine Lake Road is complete and the deed to the surplus portion of West Medicine Lake Road is provided. 3. The proposed regrading for the tennis court has been designed to stay clear of the standpipe area on the west side of existing townhouse structures. That west side area will remain as originally planned with standpipe remaining uncovered. I hope this covers the points raised by staff members and that this letter, along with the submission of required reductions and transparencies, will hold our place on the July 11 meeting agenda. Please let me know if anything else is required. Sinc ely, UY; Charles Schatz for CSM Corporation Enclosures CS /vb kVAr VAT are 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 5th day of June , 19 89 The following members were present: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk The following members were absent: None Councilmember Sisk moved its adoption: introduced the following Resolution and RESOLUTION 89 -292 SETTING CONDITIONS TO BE MET PRIOR TO FILING RPUD FINAL PLAT /SITE PLAN FOR CSM CORPORATION /GRAHAM DEVELOPMENT FOR BASS LAKE HILLS (RPUD 88- 5)(88060) WHEREAS, the City Council has approved an RPUD Final Plat /Site Plan for Bass Lake Hills as requested by CSM Corporation /Graham Development; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to filing of and regarding said RPUD Final Plat /Site Plan for Bass Lake Hills: 1. Compliance with the City Engineer's Memorandum. 2. No Building Permit to be issued until a Contract has been awarded for the construction of municipal sewer and water. 3. Removal of all dead or dying trees from the property at the owner's expense. 4. Compliance with Policy Resolution No. 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing open storm water drainage facilities. 5. Yard setbacks shall be as follows: a. Parking to property line - 20 feet; b. Drive lanes to property line - 10 feet. No modification to off street parking and drive lane setback from public streets is approved. The Final Site Plan shall be amended and re- submitted to the Community Development Department showing all off street parking and drive lane setback in compliance with the Zoning Ordinance. 6. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. see next page) RESOLUTION NO. 89 -292 SETTING CONDITIONS - Cont. Page Two 7. No Building Permits to be issued until the Final Plat is filed and recorded with Hennepin County. 8. The Final Plat mylars shall contain a statement noting that the plat is part of the approved RPUD 88 -5 per Section 9 of the Zoning Ordinance. 9. Access shall be limited to internal public roads and prohibited from County Road 47, Northwest Boulevard (County Road 61) and West Medicine Lake Drive. 10. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 11. N6 occupancy shall occur for the four structures fronting West Medicine Lake Drive until it has been officially vacated as a public street; and, a hold harmless agreement or letter of understanding, approved by the City Attorney, shall be supplied to the effect that occupancy cannot occur until that time. 12. Payment of park dedication fees -in -lieu of dedication with appropriate credits in an amount determined according to verified acreage dedicated according to the Dedication Policy in effect at the time of filing of the Final Plat. Transfer of fee title of Outlot B to the City of Plymouth with credit toward park dedication requirements. 13. The Development Contract as approved by the City Council shall be fully executed prior to release of the Final Plat. 14. The Site Plan shall be amended to add 8 off street parking spaces to serve the southerly area of 32 dwelling units. 15. The sign plan for the Townhouse area of the PUD is approved for 2 subdivision identification monuments for a total of 60 square feet sign area. Four subdivision identification monuments totalling 36 square feet of surface area in aggregate are available, but not hereby specifically approved. 16. The developer shall submit plans for the reconstruction of County Road 47 for approval by the County and City Engineer. The Development Contract shall be revised to include the cost of this reconstruction. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Vasiliou , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Vasiliou, Ricker. Zitur and Sisk The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted. 5004 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 3, 1990 COMMISSION MEETING DATE: July 11, 1990 PETITIONER: Community Development Department on behalf of the City of Plymouth REQUEST: Land Use Guide Plan Amendment to reclassify.twenty acres from existing CL to proposed LA -1. LOCATION: North of State Highway 55 and east of the 41st Avenue North cul -de -sac at approximately Kimberly Lane (extended). GUIDE PLAN CLASS: CL (Limited business) ZONING: FRD (Future restricted development) BACKGROUND: On June 4, 1990, the City Council took action approving a Site Plan, Conditional Use Permit for an elementary school, and rezoning from FRD to R -1A on a land parcel that is included within the area that is here proposed for Land Use Reclassification. A condition of that approval action was that the owner of the parcel, Independent School District 284, enter written concurrence with the Land Use Classification of the entire parcel from CL to LA -1. The condition was consistent with a recommendation of the Planning Commission from its meeting of May 23, 1990. During 1989 the Planning Commission and City Council considered Land Use Classifications throughout the community as a portion of the overall update of the Plymouth Comprehensive Plan. Following the required Public Hearings the City Council adopted action reclassifying this general area from a previous LA -3 (Medium density residential) to CL (Limited business) and LA -1 (Low density residential). Notice of this public hearing has been published in the official City newspaper. In addition, property owners directly impacted by the proposed reclassification have been notified by mail. PRIMARY ISSUES AND ANALYSIS: 1. The proposed LA -1 reclassification from CL includes the entire parcel owned by School District 284 together with two parcels lying south and east of the 284 parcel, consistent with the Planning Commission and City Council direction during consideration of the Site Plan and Conditional Use Permit, and to reflect the extensive wetland corridor that was viewed a I , Page Two File LUGP during the 1989 reclassification of this area to serve as the division between CL (Limited Business) classification to the west and CS (Service Business) classification to the east. 2. With the exception of a small area immediately adjacent to State Highway 55 the Plymouth Physical Constraints Analysis shows the southerly one - third of Parcel 17 -23 -0001 (owned by District 284); Parcel 17 -32 -0001 directly to the south); and that portion of Parcel 17 -32 -0002 that lies northerly of State Highway 55 to be in "wetlands ". In addition, a significant portion of these parcels is located in a Minnesota DNR Protected Wetland and within wetland regulated by the Corps of Engineers. 3. No principal structures exist on any of the area proposed for reclassification, but scattered out buildings appear together with evidence of prior filling of wetlands on Parcel 17 -32 -0001. The parcels proposed for reclassification do not respond well to the locational criteria for the CL classification. They are not at or near intersections of arterial, nor are they in conjunction with major commercial centers. The less specific locational criteria of the LA -1 Land Use Classification better relates to these parcels. 4. Due to the extreme physical constraints of the sites involved it is doubtful that the area could be developed under the current CL classification. Even development under a LA -1 classification would be difficult, but possible. 5. While there is no lack of developable property in the LA -1 classification, the general structure of the Land Use Classification for the City of Plymouth does not suggest a negative finding in such cases -- where LA -1 property is proposed. 6. Due to the nature of the physical constraints affecting this site and the size of the parcel, no other undeveloped property or developed property within this classification will be adversely affected by this action. 7. The proposal demonstrates merits well beyond the interest of the owner, proponent, or prospective developer of this site in that an alignment of Land Use Classification as proposed by staff reflects the physical constraints that have been clearly identified for the site from the Plymouth Physical Constraints Analysis, the National Wetlands Inventory published by the United States Department of the Interior) and the Plymouth Storm Water Drainage Plan. 8. It has become an identified public need to, through policy, ordinances and appropriate community planning efforts, preserve natural physical attributes of the community -- primarily wetlands, slopes and natural forestation. The proposed reclassification to LA -1 represents the best land use technique to insure maximum preservation of those identified resources in the area of consideration. r Page Three File LUGP 9. Due to the heavily constrained nature of the site impacts on the Comprehensive Plan elements in addition to the Land Use Guide Plan will be minimal or nonexistent. 10. Due to the physically constrained nature of the site little impact will be realized with respect to utility charges; current and future special assessments; current and future property tax assessments; and per capita based municipal aids. PLANNING STAFF COMMENTS: 1. We find the proposed reclassification to be appropriate based on the established responses required for any application to amend the Comprehensive Land Use Guide Plan Element Map. Specifically we find no asignificant negative impact on municipal plans or infrastructure from the amendment. 2. We find the proposed reclassification be responsive to the Plymouth Physical Constraints Analysis; the National Wetlands Inventory; and the Protected Wetlands' designations by the Minnesota Department of Natural Resources. Maximum protection of the extensive natural resources found in this area will be realized through a reclassification from CL to LA -1. RECOMMENDATION: I hereby recommend adoption of the attached draft resolution providing for the reclassification of the identified parcel from CL (Limited business) to LA -1 Low density resi ial). Submitted by: . Qd&p Char es E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Draft Resolution for Land Use Guide Plan Reclassification 2. Location map 3. Site graphics pc /cd /lugp:rcr) APPROVING LAND USE GUIDE PLAN MAP AMENDMENT TO RECLASSIFY LAND LOCATED NORTH OF STATE HIGHWAY 55 AND EAST OF THE 41ST AVENUE NORTH CUL -DE -SAC AT APPROXIMATELY KIMBERLY LANE EXTENDED FROM CL (LIMITED BUSINESS) TO LA -1 (LOW DENSITY RESIDENTIAL) WHEREAS, Independent School District 284 has requested approval for a Land Use Guide Plan Amendment to reclassify parcels identified as 17 -23 -0001, 27- 32 -0001 and 17 -32 -0001, located north of State Highway 55 and east of the 41st Avenue North cul -de -sac at approximately Kimberly Lane extended from CL Limited Business) to LA -1 (Low Density Residential); and, WHEREAS, the Planning Commission has considered the request following a duly scheduled public hearing and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should,and hereby does approve the reclassification of land use guiding for property located north of State Highway 55 and east of the 41st Avenue North cul -de -sac at approximately Kimberly Lane extended from CL (Limited Business) to LA -1 (Low Density Residential). FURTHER, Approval of the Land Use Guide Plan Amendment is contingent upon, and subject to the required review and response by the Metropolitan Council. pc /res /lugp:jw) A96 t ji rte , be 0wlz A Ap 40 4 60 A* CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 5, 1990 COMMISSION MEETING DATE: July 11, 1990 FILE NO.: 90048 PETITIONER: Richard Chouinard REQUEST: Division of private property within Medicine Lake Park Third Addition LOCATION: Northeast quadrant of 21st Avenue North and Lancaster Lane 2120 Lancaster Lane North) GUIDE PLAN CLASS: LA -1 (Low density residential) ZONING: R -1A (Single - family residence district) BACKGROUND: On June 6, 1977, the City Council, by Resolution 77 -273, approved a lot consolidation of two pre- existing substandard lots and the vacated right of way of 22nd Avenue North that existed between those two lots into a single parcel of 32,000 square feet. This action was taken at the application of a previous property owner, Mary LaSart. Proposed by this application is the division of this now existing 32,000 square foot parcel into two parcels, one of which will contain the existing home and two accessory garage structures. Application is also made for dimensional variances from the Zoning Ordinance for lots in the R -1A Zoning District to permit lot widths of 71.6 feet and 80 feet versus the Ordinance standard of 110 feet; lot area of 14,360 square feet and 17,065 square feet versus the Ordinance standard of 18,500 square feet; set back of an accessory structure from the front property line (garage structure to 22nd Avenue North) of 21 feet versus the Ordinance standard of 35 feet; set back of the accessory garage structure from the front property line Lancaster Lane) of 12 feet versus the Ordinance standard of 35 feet; and, lot coverage by accessory structures on proposed Parcel 2 of 632 square feet versus the Ordinance standard of 600 square feet. Notice of this application has been provided, as a courtesy, to all property owners within one hundred feet. PRIMARY ISSUES AND ANALYSIS: 1. Section 500.37 of the Plymouth City Code (Subdivision Ordinance) provides that division or consolidation of lots which are part of a recorded plat may be approved based on a survey depicting proposed division. 2. The 1977 action consolidating two existing lots and a vacated street right of way was based on the applicant's statement that it was her desire to construct a new home centered on the consolidated parcel. 3. The Physical Constraints Analysis reveals this site to be heavily wooded and possessing steep slopes. The site is considered to be developable with municipal sewers. No wetlands, drainage areas, flood plains found on the site, but the site is within the Shoreland Overlay District of Medicine Lake. The Minnesota Department of Natural Resources has been notified of these proposed variances from the underlying Zoning District dimensional standards, as well as the Variance from the Shoreland Overlay District standard for a lot width of 71.6 feet versus the Shoreland Overlay District minimum lot width of 75 feet. No comments from the Minnesota Department of Natural Resources.have been received as of the date of this staff report. 4. Lot widths for properties adjoining this site are between 43 and 50 feet and lot areas generally are less than 10,000 square feet. There are some instances of consolidation of the substandard lots to create larger parcels within the immediate neighborhood. The prevalent development pattern, however, is the historic small frontage /small lot arrangement that formed the original plat of the Medicine Lake Park Third Addition and many other subdivisions in the Medicine Lake area. 5. The applicant has responded to the variance standards in the attached narrative. PLANNING STAFF COMMENTS: 1. We find the proposed division of platted property to be consistent with the provisions of the Subdivision Ordinance with regard to such actions. 2. We find the proposed Dimensional Variances to the Zoning Ordinances, although many in number, to result in parcels that are significantly larger in size and width than the majority of parcels within the immediate neighborhood. 3. We find the Setback Variances and accessory coverage variance requested to accommodate the two existing accessory garage structures to be excessive, and out of character with the adjoining neighborhood. One of the accessory garage structures should be removed as a condition of this Variance action. The garage adjacent to Lancaster Lane is the best candidate for removal due to age and degree of setback encroachment. RECOMMENDATION: I hereby recommend approval of the attached draft resolutions providing for the division of platted property and the setting of conditions prior to recording of the Division Resolution. a, N Submitted by: arles E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Resolution approving the division of platted property 2. Resolution setting conditions prior to recording 3. Engineer's memo 4. Staff memo to the City Manager, June 2, 1977 5. City Council Resolution 77 -273 6. Location map 7. Large plans pc /cd /90048 :rcr) APPROVING LOT DIVISION AND VARIANCE FOR RICHARD CHOUINARD FOR PROPERTY LOCATED AT 2120 LANCASTER LANE NORTH (90048) WHEREAS, Richard Chouinard has requested approval for a lot division and variance for the creation of two lots located at 2120 Lancaster Lane North; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division and variance for Richard Chouinard for property located 2120 Lancaster Lane North. EXISTING LEGAL DESCRIPTIONS Lot 14, Block 14, Rearrangement in Medicine Lake Park Third Division Lot 23, Block 14, Medicine Lake Park Third Division That part of vacated 22nd Avenue North per Document No. 3709318 To be divided and consolidated as follows: PARCEL 1 Lot 14, Block 14, Rearrangement in medicine Lake Park Third Division and the Northerly 30.00 feet of vacated 22nd Avenue North per Document No. 3709318. PARCEL 2 Lot 23, Block 14, Medicine Lake Park Third Division and the Southerly 30.00 feet of vacated 22nd Avenue North per Document No. 3709318. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division is approved by Hennepin County. SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION AND VARIANCE FOR RICHARD CHOUINARD FOR PROPERTY LOCATED AT 2120 LANCASTER LANE NORTH (90048) WHEREAS, the City Council has approved a Lot Division and Variance for Richard Chouinard for property located 2120 Lancaster Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division: 1. Compliance with the City Engineer's Memorandum. 2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 3. Payment of park dedication fees -in -lieu of dedication on both lots prior to recording of the lot division in accordance with City Policy in effect at the time of recording of the lot division. 4. No building permit is to be issued until the lot division is filed with Hennepin County. 5. Submittal of all necessary utility easements prior to filing with Hennepin County. 6. Approved variances are: a. Lot widths of 71.6 feet and 80 feet versus the Ordinance standard of 110 feet. b. Lot area of 14,360 square feet and 17,065 square feet versus the Ordinance standard of 18,500 square feet. c. Setback of an accessory garage structure to 22nd Avenue North of 21 feet versus the Ordinance standard of 35 feet. 7. Removal of the resolution approving the division of the accessory garage structure adjacent to Lancaster Lane at petitioner's expense prior to recording. City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: July 5, 1990 FILE NO.: 90048 PETITIONER: Mr. Richard Chouinard, 2121 Lancaster Lane N., Plymouth, MN 55441 LOT DIVISION /CONSOLIDATION: LOT 14, BLOCK 14, AND LOT 23, BLOCK 15, REARRANGEMENT IN MEDICINE LAKE PARK 3RD DIVISION AND THAT PART OF VACATED 22ND AVE. N. LOCATION: 2120 LANCASTER LANE N. IN THE NORTHEAST 1/4 OF SECTION 25 N/A Yes No 1. _ X _ Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division /Consolidation approval: 4. Area assessments: R= 5. Other additional assessments estimated: Project 001, widening and curb and gutter, Lancastser Lane, estimated cost $1,580, north parcel 1,760 south parcel. Reconstruction per lot estimated cost $860.53 North parcel 860.53 south parcel. 6. _ _ X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) A, N/A Yes No 7. X _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. 8. X _ _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: 9. X _ _ All standard utility easements required for construction The following easements will be required for construction of utilities 10. _ X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. _ X _ All existing street rights -of -way are required width - Additional right -of -way will be required on 13. A. Show the existing sewer and water on the Certificate of Survey. Submitted by: 0Gf "`^ Daniel L. Faulkner, P. E. City Engineer 6 J; w. k_. CITY OF. PLYMOUTH 3025 HARBOR LANE, PLYMOUTH, MINNESOTA 55441 TELEPHONE (612) 559.2800 DATE: June 2, 1977 MEMO TO: James G. Willis, City Manager FROM: Charles E. Dillerud, Planning Director SUBJECT: Lot Consolidation Mary LaSart !A -738) Location: NW Corner of 22nd Avenue North and Kilmer Lane Petitioner proposes consolidation of two tax parcels now made up of two substandard lots of ancient platting and 60 ft. of \ .cated street right -of -way (22nd Avenue North). Petitioner desires both parcels to be Aed as her homestead. The only structures involved are located on the southerly 50 ft. Petitioner states she would some day desir? to build a new home more centered on the consolidated parcel of >2,000 sq. ft. Staff recommends approval of the subject petition consistent with the attached resolution. ATTACHMENTS: 1. Resolution 2. Location Map 3. Division Map a y OF LYMDtTIii Pursuant to due call and notice thereof, a. regular meeting of f: the City Council of the City of Plymouth, esota was el on the 6th day of June - 1, 19 77. Tile following members were present: Mayor Hilde Counci men Neils Seibold and Spaeth The Jollowing members were absent: Councilman Hunt RRR RRt RRfM Counciman.feils introduced the following Resolution and moved its a option: RESOLUTION 077 -273 APPROVING LOT CONSOLIDATION FOR MARY LASART (A -738) WHEREAS, Mary LaSart, 2120 Lancaster Lane, Plymouth, has requested a consolidation of existing platted parcels within the City of Plymouth; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following consolidation and that the City Manager be authorized to make the necessa , special assessment corrections based upon City policy when the consolidation is .oroved by Hennepin County: Plat Parcel Lot Bi,,ck Addition 44520 5300 14 and 14 Rearrangement in Medicine vacated )S of 22nd, Lake Park 3rd Addition Avenue North 44430 4600 23 nd 15 Medicine Lake Park 3rd vacLied I 221.j Addition Avenues North To be consolidated into one new parce'i as follows: Lot 14, Block 14, Rea -angement in Medicine Lake Park 3rd Addition and Lot 23, block 15, Medicine Lake Park 3rd Addition and vacated 22nd Avenue North between Kilmer Lake and Lancaster ane. The motion for the adoption of the foregoing Resolution was duly seconded by Councilman Spaeth , and upon vote being taken thereon, the following voted in favor thereof: Fiayor Hilde, Councilmen Neils, Seibold and 5naeth Thefollowing voted against or abstained: one . Whereupon the Resolution was declared duly passed and a pte . RRA RRR RRR t1 Ll o 11 UU UUolsL!f!7 MAPLOCATIO 9 40 3 GOVT LOT 5 2615.68 RES 1"' 13 13 ( 55) r..o*v4 t9e 1111 ...j to (93) 1 ( 94) 1ssA9etT3 ( 92) t S A 11 2. 18) - 117 1S6.9t 12 (99) - (66) 198 ri . 21 (96) _ 6I) (Sii 22 ( 95) 1189.38'2 . 19) = 313.84 lie. 36 I - - - - V 18•.•1 )00 100 100 100 Ito $ j Q A N69' '25PE ((>4 117.5 °- ( 79) 1(89'31'08' 1 2 3 4 5 • ,• oft( No w / S( (3) (4) (5) (6) (T) .' iy til NORTH pptQpllNIW i - _ a1 180 01 ' 10 SS 1 loo to0 2) _ 2 A 107) 7 8 80) ' " 47.73 109) 1 t14 ) (12) 9 e (f) (s) n 24 (113 12 11 10 (11) Xa) 1) Ie0 4 = ( u) (q) n 5 14 6 'e y ( m 15 46 ( pLACK OAKS ;( An 1 P' (toe) ' e ti 11 - (18) t6 (24) (23 2• 25 . S! VAC OOC IT 22 (26) an . - N $ 634123 • e (i, o (19) 1a 20 21 -" t 4 ( 82)y i a 21) ( 20) (21 (22) 48) t« 49) 22) " <' (34) r (a) do 31 Y % 33 ( W33) Y' 34 36) A N n E 23) W (A1 46 `P` (1S) 44 • s 3 170: ` •t `ii '3 (46) (.,) Na 36 9.311''Db E (x) (43) x IS A , X141 (.n (• z) )et.i p' 11 (63) r , 1 Ne7*3011 ( Nl G1 A corn PART OF LbT 8LK 1 0 21 a, r5; 22 Q` 1361 (37) 3 LOT 8 /ar r Ism 13 (IfI rte l67) C= (56, 11 ) l 4(1>IIl 169 ( 63) 25 N X91 10 (I) (74) Sl 77) 691 26 ZZ 9 (32) X8(134), d wtI (70 69 ` 2e 71) 29 X71 (7S) 3 33 '54IIX72) (303) 31 32 (76 T% 1X7) O Ire. 22 PLVNCUTH -40 WEDIICIINE LAKE -79 VT LOT 7 G T 77 2468.07 RES MIME 60 25 c 9 Evis ON $ s 50 19) 68 7 7 (36) n(35) (36) ; (3S) 7 , / b C T /y. i Olt '; 460.01 wr54'OP6 166.72 r .T1 16 ( 7) (6) 11 1 137 111 2 1 t2 11 ( 53) `: Q Yr »•lrE 26) 15 •: NOTE• fo 96C Of &0015. 6RE. JIe ILLETS IN NO lR f66R J - ', i6) 3 i 169 $ TNIeO ory ee REMIT IN LEO LR Pm Mom OIV. SEE ' 1 Q 25 Q ----------- JIe6L1EW ee OE01EE Of 4- 15-1909 IN OOOR 122 NISC. 1 P 7AO I u 16) , A 7 1 A.. fb 10029425 ri 22 l0T IN R 1 21» g . 256 (27 256 .n' 1. 106 s 55 ' . 19 • 1 t1 e ,E. : }9 AVE N tip e s 25TH ? 1 22) -le ( 30 tz Cc j ,.1 . 5• 11 ,a n 1 Q1 1/ y.x IC 36 i 7r Ek 0 6 < J • Y, Iz NYLfTOIV GD 6 't91• ,+ ' i S A 0) . 1.•- ( 2):_ %% e 6T'p. 49r' (a) 5 15:7 12) 7) 4 (5) - (6) 45, p fl Ns _.- 0 , 16 iO NOT OEOIGITEO TO THE Q C N r•': 1 ft It IN T1E fL.1) $ . T v AV T" i5 Al 6 • 1 1 1 ) 2 , PAN 7 _ ' , 7' 1 9D Si . 26) 6 ` L 7 6 1 I 12 .o r lom N + MEDICINE to R LAKM 31 IA( tA Is 20 Sl n > 1,93 6 b21ST AVE N 1 + (189) y (5611 - (187) $ 58 i ' .......... w r1 62 ( 186) 1 19) r (ley) ei 1J l ' t --- a clew s 5 r-'- --- -, eat 21 b -1J Y 1 IZ I @Be CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 5, 1990 COMMISSION MEETING DATE: July 11, 1990 FILE NO.: 90055 PETITIONER: Joanne Schuler REQUEST: Division of platted property and Zoning Ordinance Dimensional Standards to create two lots for existing homes within the Elmhurst Addition. LOCATION: North of 21st Avenue North between Hemlock Lane and Ives Lane (2355 Hemlock Lane and 2356 Ives Lane) GUIDE PLAN CLASS: LA -1 (Low density single - family residential) ZONING: R -1A (Single - family residence district) BACKGROUND: No specific community development applications are on file with respect to this parcel. The original Elmhurst addition substantially predates the records now available within the Community Development Department. This application proposes the division of an existing platted lot which contains two principal dwelling units into two lots, each of which would be 6,184 square feet, and contain one of the existing dwelling units. Also requested are Variances for lot size. Notice of Planning Commission consideration of this application has been mailed, as a courtesy, to all property owners within one hundred feet. In addition, the Minnesota Department of Natural Resources has been notified of this proposed property division of variances within the Shoreland Overlay District. No response has been received to date. PRIMARY ISSUES AND ANALYSIS: 1. Proposed is the division of an existing parcel with the specific intent of the applicant to eliminate the nonconforming status of the existing parcel regarding two principal structures on a single parcel of record. A building permit to make an addition to one of been denied because such an addition (as opposed currently underway) would constitute the extension as long as two principal structures remain on the the division of platted property and Zoning Variances which have been applied for are approved the existing homes has to remodeling which is of a nonconforming use same parcel of land. If Ordinance Dimensional nonconforming status of Page Two File 90055 the site with respect to principal structures will be eliminated and additions to the structures, within the limits of the Zoning Ordinance Dimensional Standards, will be possible. Without the division of the property as requested no additions to the structures or new structures may be permitted on the parcel and the loss of either structure by greater than fifty percent for any cause would extinguish the nonconforming use status. The balance of the damaged structure would be required to be removed and no second principal structure would thereafter be permitted on the parcel. 2. Existing structures on the parcel include the two principal dwelling units and a foundation on which an accessory garage structure had been located for the principal dwelling unit at 2355 Hemlock Lane. All existing structures and the foundation noted are nonconforming as to setbacks as well as the issue of two principal structures on the same parcel. No variance action with respect to the nonconforming setbacks is applied for nor addressed by this action. The setbacks will remain nonconforming, and therefore the structures are subject to compliance to Ordinance standards should the nonconforming structures cease to exist under the terms of the Zoning Ordinance. 3. The lot configuration (double frontage with narrow street frontage on both sides) is common within the Elmhurst and neighboring subdivisions, both east and west of Medicine Lake. There have been instances of lot combinations to create larger parcels as well as lot divisions to create parcels of a size similar to that proposed by this application. Also, there are other instances of more than a single principal structure located on a "through" lot in this neighborhood. There are no current examples of applications to divide a property in a manner similar to this in the files of the Community Development Department. 4. Remodeling improvements have already been undertaken to the dwelling at 2355 Hemlock Lane. As a result of a lot division, as here proposed, a garage addition will likely result to this structure. 5. The lot division application is responsive to the provisions of Section 500.37 of the City Code (the Subdivision Ordinance) where the City Council may approve the division of platted property based on a survey without the benefit of a full subdivision plat. PLANNING STAFF COMMENTS: 1. The application meets the requirements of Section 500.37 with respect to the division of platted property, provided the Zoning dimensional Variances that are approved to support such division. 2. Generally staff is not in support of the creation of individual parcels of the size here proposed. A unique situation presents itself here, however, since principal structures already exist on both of the lots proposed to be created by nature of two houses being formerly constructed on a single parcel. No change would result in the residential density of the Page Three File 90055 immediate neighborhood as a result of the division action proposed. With a clear understanding that any future redevelopment of either of the parcels created by this action would be consistent with the dimensional standards of the Zoning Ordinance, without exception, staff can support the action requested. A memorial on the title of each of the newly created lots to this effect would advise all future purchasers of the property of the intent of the City with this division action. 3. The Variance to create parcels of 6,184 square feet versus the Ordinance standard of 18,500 square feet is responsive to the Variance Standards. This finding is based on the unique nature of the property created by the historic action of permitting two principal structures to be constructed on the same parcel of land. A hardship would result by not dividing the property as requested because the nonconforming status that exists precludes substantial improvement to the property. No negative impact results to the surrounding neighborhood or the public welfare as a result of the division action requested. RECOMMENDATION: I hereby recommend that adoption of the attached resolution providing for the division of platted property, and the resolution providing for the setting of conditions prior to recording, including a_2za449, Variance to permit a creation of lots of—loss than tba mia44w area in the lA District. Submitted by: arles E. Dillerud,-Community Development Coordinator ATTACHMENTS: 1. Resolution approving division of platted property 2. Resolution setting conditions prior to recording and approving a Zoning Variance 3. Engineer's memo 4. Location map 5. Site graphics pc /cd /90055:rcr) APPROVING LOT DIVISION AND VARIANCE FOR JOANNE SCHULER FOR PROPERTY LOCATED AT 2355 HEMLOCK LANE AND 2356 IVES LANE (90055) ' WHEREAS, Joanne Schuler has requested approval for a lot division and variance for the creation of two lots located at 2355 Hemlock Lane and 2356 Ives Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division and variance for Joanne Schuler for property located at 2355 Hemlock Lane and 2356 Ives Lane. EXISTING LEGAL DESCRIPTIONS Lot 6, Block 2, Elmhurst, Hennepin County, Minnesota. To be divided and consolidated as follows: PARCEL 1 The East 116.00 feet, as measured at right angles, or Lot 6, Block 2, Elmhurst, Hennepin County, Minnesota. PARCEL 2 That part of Lot 6, Block 2, Elmhurst which lies West of the East 116.00 feet, as measured at right angles, Hennepin County, Minnesota. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division is approved by Hennepin County. SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION AND VARIANCE FOR JOANNE SCHULER FOR PROPERTY LOCATED AT 2355 HEMLOCK LANE AND 2356 IVES LANE (90055) WHEREAS, the City Council has approved a Lot Division and Variance for Joanne Schuler for property located at 2355 Hemlock Lane and 2356 Ives Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division: 1. Compliance with the City Engineer's Memorandum. 2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 3. Payment of park dedication fees -in -lieu of dedication on both lots prior to recording of the lot division in accordance with City Policy in effect at the time of recording of the lot division. 4. No building permit for addition to structures is to be issued until the lot division is filed with Hennepin County. 5. Submittal of all necessary utility easements prior to filing with Hennepin County. 6. Approved variances are: a. Lot widths of 37.5 feet and 58.0 feet versus the Ordinance standard of 110 feet. b. Lot area of 6,184 square feet and 6,184 square feet versus the Ordinance standard of 18,500 square feet. 7. Submission by the petitioner and approval /recording by the City Attorney of a memorial on the title of each parcel that future development of the parcels will not require dimensional variances from the Zoning Ordinance. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: July 5, 1990 FILE NO.: 90055 PETITIONER: Joanne Schuler, P.O. Box 42102, Plymouth, MN 55442 LOT DIVISION /CONSOLIDATION: LOT 6, BLOCK 2, ELMHURST ADDITION LOCATION: 2355 HEMLOCK LANE IN THE NORTHWEST 1/4 OF SECTION 26 ASSESSMENT RECORDS: N/A Yes No 1. _ X_ _ Watermain area assessments have been levied based on proposed use. 2. _ X _ Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division /Consolidation approval: 4. Area assessments: None 5. Other additional assessments estimated: None 6. _ _ X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) N/A Yes No 7. X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. 8. X _ _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: 9. X _ _ All standard utility easements required f.or construction The following easements will be required for construction of utilities 10. X All existing unnecessary easements and rights -of -way have been vacated - It will be necessary to vacate the obsolete easements /right -of -way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. _ X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. X _ _ All existing street rights -of -way are required width - Additional right -of -way will be required on O- Submitted by: Daniel L. Faulkner, P. E. City Engineer 2 A112 5iLFC. 2(07 F. 9 Q OD 55 XA I 2620.35 RES ...... GOVT LOT I 439.69 RES 7) (10) x17 11 VALLEY a ST H lea Is arE s 11 21 20 Is 17 5' FM (V (29) 66-11 0; - f (10 125t2fi- s Im 9 IT4.0 21. t4445 2) W= NODOE WAYE OF 12 m !M .3D ;M W M o so so 6D 80 P - Ip fal 2 30 MWE LAKESHORE 13) 3D (12) (11) 10 (1 17) (7) (6 (2) (1) 2 ADOW116) DOC No 26 26 m m 11 UJ 73Z,t IGS —4 1 31) (32) M j 9D) 2 5) so so I(f .. < 2011 it AVE N 21 42 3 2 ) (38) 46) so 23 10go 11 ... 24 65) Im .. 21 so m 8.0 is 210 M.6 .1Z 74) 0 73) 26 it 70) (71) g 2 8 75) 72) n 100 zm 0 0 j, IF i, ........................... 60 Z 10 0.) 10 0a) 2, M 11 4 12) 21) i a. /g 211.m 6) R L S 4) 24*) No 17 (5) 422.42 5) (3) X 466.7 (7) r 4) W4.6 466.7 0) 5) 8 10) 466.7 (9) 7) ( 6) c! s)..6 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 5, 1990 COMMISSION MEETING DATE: July 11, 1990 FILE NO.: 90057 PETITIONER: Super Valu Stores, Inc. REQUEST: Mixed Planned Unit Development Final Site Plan. LOCATION: Southeast corner'of 36th Avenue North and Vicksburg Lane GUIDE PLAN CLASS: CC (Community Shopping Center) ZONING: BACKGROUND: MPUD 78 -2 The City Council, under Resolution 77 -139, approved the General Development Plan for the "Plymouth Hills" Mixed Planned Unit Development involving this land. The City Council, under Resolution 78 -530, approved a revised General Development Plan for the Plymouth Hills Companies for the "Plymouth Hills Addition ". Since 1978 there have been several revisions, and a small retail- service building, drive -up bank, cable television hub facility and full service bank have been constructed within the Plymouth Hills Addition (also known as Downtown Plymouth "). In June, 1987, the City Council, under Resolution 87- 333, approved the Mixed Planned Unit Development Plan Amendment for Kenneth Streeter, for "Plymouth Hills Shops" on the site south of this location at the southwest corner of 35th Avenue North and 34th Avenue North. No development has taken place responsive to that approved plan. It should be noted however that the plan for "Plymouth Hills Shops" amended the original General Development Plan for this site to substitute a retail shopping facility for a series of restaurant sites that had been approved in the original MPUD plan. This application proposes the construction of a 67,600 square foot first phase of the "Shopping Mall" previously approved on the 15.6 acre site bounded by Vicksburg Lane, 36th Avenue North, Plymouth Boulevard and the 35th Avenue North cul -de -sac which the petitioner purchased several years ago. This first phase will be a "Cub Foods" store. The PUD final plan shows future expansions of 12,600 square feet and 24,300 square feet for retail use. PRIMARY ISSUES AND ANALYSIS: 1. The Final Site Plan has been reviewed by the Development Review Committee and found to comply with Zoning Ordinance standards with respect to parking (765 proposed, and 406 required for the first phase of construction with 627 required for all three phases of construction depicted); structure and parking setbacks; landscaping including the proper number of traffic island delineators; free standing signage (one at 120 square feet on the southwest corner of the site); traffic circulation and design (with several improvements made during the DRC review process); engineering details with respect to utilities, drainage and paving; and other related City Policy codes or ordinances not specifically referred to below. 2. The approved development plan for "Plymouth Hills" specifies the installation of concrete sidewalks along the entire periphery of this site, including from the end of the 35th Avenue cul -de -sac to Vicksburg Lane. The approved development plan specifies that no credit for park dedication requirements shall be available to the developer for the installation of this required concrete sidewalk. The petitioner proposes to install the concrete sidewalk as required along Vicksburg Lane and 36th Avenue North between Vicksburg Lane and Plymouth Boulevard. The petitioner requests deferral of sidewalk construction along Plymouth Boulevard until possible future development of the easterly portion of this site, and elimination of sidewalk construction along 35th Avenue North and at the property line between the west end of 35th Avenue North and Vicksburg Lane. 3. The plan proposes wall signage inconsistent with the standards of the Zoning Ordinance. The signage proposed is within the B -2 Zoning District standards for area (five percent of the wall area on which the sign is to be located) but extends to a maximum of ten feet above the horizontal roof level of the structure. Section 10, Subdivision A, Paragraph 7e specifies that no wall sign attached to a building shall project above the roof line of the building to which it is attached. Since this project is within a planned unit development any modifications to that standard require an amendment to the PUD Preliminary Plan and Conditional Use Permit. The Preliminary Plan and Conditional Use Permit amendment process requires notification of property owners within five hundred feet and Public Hearing before the Planning Commission. No such notice or Public Hearing has been established with this application. 4. The site plan depicts two trash compactor locations on the east side of the supermarket structure. The applicant has provided no plans for the screening of these trash facilities within an approved accessory building or enclosure consistent with Section 8, Subdivision G, Paragraph 2e of the Zoning Ordinance. The Grading Plan for the site proposes retention of the high ground that exists fronting Plymouth Boulevard. This site feature will result in a topographic screening of both of the compactor locations from public view in a manner similar to that found with the Target Site Plan approved by the City Council recently. In this case there is no assurance that the area east of the proposed compactor locations will remain graded in the future in the same manner that it is now proposed. Also, no application has been made for an Amended Preliminary Plan and Conditional Use Permit, and therefore no vehicle is available to permit a solution such as the City Council adopted with the Target Final Site Plan. In the case of Target the City Council amended the PUD Preliminary Plan to allow the location of a waste compactor without an enclosure structure subject to the continued cleanliness of the area of the site with respect to refuse and trash. The elimination of the enclosure was based on the topographic screening of the area of the site on which the trash compactor was proposed to be located. The plan amendment also specified that should a verified complaint be received regarding cleanliness of the area with respect to refuse and trash the matter would be reviewed immediately thereafter by the City Council to determine compliance with the intent of the Ordinance standard. An approach such as this might be viable for this Cub" Site Plan with the additional assurance of enclosures being constructed in the future should the grading of the eastern site remove the topographic screening that exists. A solution such as suggested with respect to trash compactor screening is not available, however, at this time because no MPUD Preliminary Plan and Conditional Use Permit Amendment has been applied for, and therefore no Public Notice or Hearing is being held, as required for the amendment of a PUD plan. 5. No specific treatment of rooftop mechanical units has been proposed by the Site Plan Application. The Ordinance does, however, specify that rooftop units be aesthetically compatible with the proposed building. A photograph submitted with the application materials suggests that at at least one previous location the "Cub Foods" rooftop units are not treated for aesthetic appearance in any manner. Since these units may be visible from public streets, aesthetic treatment to assure the appearance of the units complement the structure may be advisable. 6. The landscape plan submitted requests credit for existing trees located in the easterly portion of the site adjoining Plymouth Boulevard. Credit for those existing trees, consistent with the terms of the Plymouth Tree Preservation Policy, is permitted by the Landscape Policy as long as those existing trees remain following grading operations, and are not physically separated by the site by a future platting or lot division action. At such time as "future expansion" or "future retail" additions are made to the proposed structure additional landscaping will be required for the site consistent with the landscape policy. 7. The Site Plan responds to the City Council Policy and Standards and Criteria regarding Site and Building Aesthetics and Architectural Design by an exterior treatment of red brick over the lower 15 feet (except main wall sign area); a 1k foot teal green accent strip; and a 5 foot cream /stucco band on top. The sign would be red letters on a gray /stucco background. PLANNING STAFF COMMENTS: 1. The Final Site Plan Proposal is generally consistent with the approved Mixed Plan Unit Development Preliminary Plan and Conditional Use Permit for this site, except as noted. The exterior finish proposed is consistent with the Architectural Appearance Policy. 2. Either the Site Plan should be amended at this time to modify the proposed wall signage so as to be located below the roof level, or all reference to wall signage should be removed from this approval action, and the petitioner should immediately file an application for an amended PUD Plan to address his wall signage specifically. 3. The Site Plan Proposal to locate trash compactors outside the principal building without an enclosure or accessory structure is inconsistent with the Zoning Ordinance and the approved Preliminary Plan and Conditional Use Permit for this site. Provision of those enclosures should either become a condition of this Site Plan approval action, or the plan should be amended to eliminate trash compactors external to the structure. The substitution of existing topographic screening for the structural screening could be considered through an application to amend the MPUD Preliminary Plan and Conditional Use Permit at a later date. 4. Public sidewalk construction proposed by the Site Plan is incomplete per the approved MPUD Preliminary Plan and Conditional Use Permit for Plymouth Hills ". Construction of public sidewalks consistent with the approved "Plymouth Hills" plan should be a condition of approval of this Final Site Plan. No modification of that requirement can be made without an application for amendment to the MPUD Preliminary Plan and Conditional Use Permit for the "Plymouth Hills" Plan Unit Development. 5. The ordinance standard for rooftop mechanical units is a performance standard relative to noise; we do not presume noise will be a problem. However, the plans (picture) are not responsive to the ordinance relative to aesthetics and this should be addressed in the approval action. Equipment can be painted as well as screened. RECOMMENDATION: I hereby recommend the MPUD Final Site Plan for Lot 1, Block 3 of "Plymouth Hills" be approved subject to conditions normally associated with such action and related to the stkffcomments noted,,&bQve. Submitted by: arses t. ui"-erua, community uevelopment uoorainator ATTACHMENTS: 1. Draft Resolution approving MPUD Final Site Plan 2. Engineer's memo 3. Location map 4. Approved MPUD Preliminary Plan for "Plymouth Hills" 5. Large plans pc /cd /90057:rcr)9 APPROVING MIXED PLANNED UNIT DEVELOPMENT FINAL SITE PLAN FOR SUPER VALU STORES, INC. (90057) (MPUD 78 -2) WHEREAS, Super Valu, Inc. has requested approval for a Mixed Planned Unit Development Final Site Plan for a retail store of 67,600 square feet for a Cub Foods" on Lot 1, Block 3 "Plymouth Hills" at the southeast corner of 36th Avenue North and Vicksburg 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 Super Valu, Inc. for a Mixed Planned Unit Development Final Site Plan for a 67,600 square foot retail store for "Cub Foods" on Lot 1, Block 3 "Plymouth Hills" at the southeast corner of 36th Avenue North and Vicksburg Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 3. Any signage shall be in compliance with the Zoning Ordinance. No roof signage is approved. 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 6. All exterior waste facilities shall be enclosed consistent with Zoning Ordinance specifications. 7. An 8h x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 8. The roof top units shall be painted or screened to match the walls of the structure. 9. Compliance with the applicable rovisions of City Council Resolutions 78- 530 (MPUD Preliminary Plan /Plat . 10. No outside storage, display, or sales of merchandise is approved by this action. 11. The site shall be maintained in a sanitary manner and positive measures shall be taken to effectively keep and manage the carts on the site. 12. Revised plans shall be submitted to reflect the sidewalks per the approved plan for this MPUD and the walks shall be constructed per City standards. 13. Park dedication requirements have been met by prior actions involving this parcel. 14. Prior to issuance of a building permit the petitioner shall submit a memorial to the property title establishing the understanding that additional landscaping will be required with future additions to the structure above the 67,600 square foot supermarket. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: July 5, 1990 FILE NO.: 90057 PETITIONER: Ms. Pat Moen, SuperValu Stores, Inc., P.O. Box 1451, Minneapolis, MN 55440 SITE PLAN: CUB FOODS LOCATION: North of Highway 55, east of Vicksburg Lane, south of 36th Ave., west of Plymouth, Blvd., in the northwest 1/4 of Section 21 ASSESSMENT RECORDS: N/A Yes No 1. _ X _ Watermain area assessments have been levied based on proposed use. 2. _ X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2 Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: 4. Area assessments estimated - None 5. Other additional assessments estimated: None LEGAL /EASEMENTS /PERMITS: N/A Yes No 6. _ X Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. 7. N/A Yes No X 8. X -- 9. X -- N/A Yes No 10. X — — 11. — — X Complies with standard utility /drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) Along the south FroDerty line, east of Vicksburg Lane, west of 35th Ave. Easements shall be submitted in recordable form. 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. All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. 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- N/A Yes No 12. _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ _ X Complies with Storm Drainage Plan - The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: .5-U 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. 15. X Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. _ X _ Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 17. _ X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W -2. This plate should be referenced on the site plan. 18. X _ _ Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. _ X _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of As shown on the Site Plan N/A Yes No and 20. _ X _ All existing street right -of -ways are required width - Additional right -of -way will be required on 21. _ X _ Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 22. _ XX Curb and gutter provided - The City requires B -612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B -612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 23. _ X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one -half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARD S• N/A Yes No 24. _ X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City's right -of -way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As- Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. See Item No's 7, 11, 12, 13, 26 and Special Conditions 5- SPECIAL CONDITIONS REQUIRED: 27. A. There is inadequate cover over the storm sewer near Catch Basin 14 - 1.5 feet, Catch Basin Manhole 13 - 2.2 feet, Catch Basin 19 - 2.2 feet. Special backfilling will be required to eliminate heaving. B. The storm sewer pipe slope from Manhole 13 to Manhole 12 computes to 0.6%, not 0.7% based on invert and length. The following pipe sizes are inadequate and shall be increased in size. Catch Basin 14 to Manhole 8 shall be 21 inch, not 18 inch. Manhole 8 to Manhole 3 shall be 27 inch, not 24 inch. Manhole 5 to Manhole 3 shall be 21 inch, not 18 inch. Manhole 3 to Manhole 2 shall be 30 inch, not 27 inch. Manhole 2 to existing manhole shall be 33 inch, not 30 inch. C. Plan and profile sheets along with specifications shall be provided for the. lane widening on Vicksburg Lane and the median reconstruction on 36th Ave. The estimated cost for these improvements shall be included in the Site Improvement Performance Agreement. D. The ductile iron watermain shall be Class 52. E. A detail of the sidewalk shall be provided on the detail sheet. F. A typical section for the pavement shall be provided for the Vicksburg Lane turn lane and the 36th Avenue N. turn lanes. G. The west driveway site on 36th Ave. shall be east and west closing the first median opening. H. Traffic signs shall be installed according to the Uniform Traffic Manual. Signs will be required at all driveway entrances to public streets and at the main intersections of the private driveways. A sign plan shall be submitted for review. Submitted by: &" 7VAZ- ZIL . Daniel L. Faulkner, P. E. City Engineer 6- o", i 1 W-1 ilk 0 Ap I" i m;• s\ Amm 02 A, l/r W, Apo c) jR gir'sa c jy pr-I. IP 14 TV lip 4 l sa ns 14 40- 4 P1YMOQrM'kft..l'SHOPS Taw tf"ll sa ns 14 40- a ti q iij Iry lIj Z04 4 P1YMOQrM'kft..l'SHOPS Taw a ti q iij Iry lIj Z04 QWO MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 6, 1990 TO: Planning Commission FROM: Chuck Dillerud, Community Development Coordinator SUBJECT: PLANNING COMMISSION DIRECTED DRAFT AMENDMENT TO THE ZONING ORDINANCE REGARDING FREESTANDING SIGNS IN THE B -1 ZONING DISTRICT Attached please find a draft Zoning Ordinance Amendment in the format we use for such actions responsive to the direction given by the Planning Commission at its May 9, 1990 meeting. Also attached is a copy of the May 9, 1990 Planning Commission minutes reflecting the direction on this matter. pc /cd /7.A:jw) DRAFT AMENDMENT NO. 1 HEARING DATE: May 9, 1990 DESCRIPTION: Provide for a second freestanding identification sign for parcels in the B -1 Zoning District based on certain restrictions and as a replacement for otherwise permitted wall signage. SECTIONS INVOLVED: Section 10, Subdivision A, Paragraph 3. b (Business Signs - -B -1 District). EXPLANATION /PURPOSE: A property owner (Miles Homes, Inc.) located in the B -1 Zoning District has made application for an amendment to the text of the Zoning Ordinance to allow a second site identification sign in the B -1 District under certain circumstances. The specific circumstances of Miles Homes, Inc. is frontage on two thoroughfare streets with large site area. Following a Public Hearing May 9, 1990, the Planning Commission directed staff to prepare draft language to amend the Zoning Ordinance to permit the exchange of wall signage for a freestanding sign in the B -1 District where the parcel exceeds 20 acres; and has no access to an adjoining major thoroughfare. The purpose of this amendment is to accomplish the direction specified by the Planning Commission in their May 9, 1990 action. CONCLUSIONS /RECOMMENDATIONS: We recommend the Zoning Ordinance be amended as follows: Add a new item to Section 10, Subdivision A, Paragraph 3. b, which would read as follows: A second freestanding Business Sign shall be permitted where the parcel on which the sign is located exceeds 20 acres and the parcel has no private drive access to an adjoining principal arterial or intermediate arterial street. The second freestanding Business Sign shall be in lieu of flat wall Business Signs otherwise permitted. The second freestanding Business Sign shall be limited to a maximum surface area of 50 square feet and a maximum height of 16 feet. The sign shall be set back a minimum of 20 feet from all property lines. Underscore - indicates new text pc /cd /7 -11) Planning Commission Minutes May 9, 1990 Page 70 MOTION to amend by Commissioner Marofsky, seconded by Chairman Plufka to add a condition to those listed in the May 3, 1990 Staff Report stating that access be provided to Ordinance standards for subdivisions for up to three parcels that may be created in the northeast corner belonging to Jim Guddal. Commissioner Tierney stated that the Commissioners should look at the street bubble possibility. Commissioner Marofsky stated that there may be a more efficient way to lay out the division of the Guddal property. Roll Call Vote on Motion to Amend. 3 Ayes, Commissioner VOTE - MOTION CARRIED Stulberg and Chairman Plufka, Nay. MOTION carried. Roll Call Vote on Main Motion as once amended. 4 Ayes, VOTE - MOTION CARRIED Commissioner Tierney, Nay. MOTION carried. Chairman Plufka introduced the request of Miles Homes, Inc. for MILES HOMES, INC. a Zoning Ordinance Amendment for signage for property located (90026) in the B -1 Zoning District. Coordinator Dillerud reviewed the May 3, 1990 Staff Report. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Morris Hartman representing the petitioner. Mr. Hartman stated that the site for Miles Homes, Inc. was 36.2 acres and that their building was barely visible from Nathan Lane and Highway 169. He said that a wall sign on the building was not appropriate or effective and his request for a change in the ordinance would not be precedent setting if the ordinance change was restrictive. Mr. Hartman showed the Commissioners a diagram of the existing sign and site. Chairman Plufka closed the Public Hearing. The Commissioners 'discussed signs relative to location, size, identification, effectiveness and the possibility of trade -offs allowing one type of sign for another. MOTION by Chairman Plufka, seconded by Commissioner Tierney to direct staff to draft language to amend the Ordinance to permit the exchange of wall signage for a freestanding sign in the B -1 District where the parcel exceeds 20 acres, and has no access to an adjoining major thoroughfare and that the amendment be brought back to the Planning Commission for recommendation. Roll Call Vote. 4 Ayes, Commissioner Marofsky; Nay. MOTION VOTE - MOTION CARRIED carried.