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HomeMy WebLinkAboutPlanning Commission Packet 07-25-19905. A. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 19, 1990 COMMISSION MEETING DATE: July 25, 1990 FILE NO.: 90050 PETITIONER: Vern Reynolds Construction REQUEST: Preliminary Plan and Rezoning for "Bass Lake Terrace" LOCATION: Northwest Quadrant of the Soo Line Tracks and Northwest Boulevard GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: On May 3, 1982, by Resolution 82 -214, the Plymouth City Council denied an RPUD Concept Plan for this site. This denial was primarily based on the lack of urban utilities and streets in this area of the community with no provision in the 5 -year Capital Improvements Program for installation of those facilities. On April 11, 1990, the Planning Commission adopted reguiding of this site from LA -2 (Low Medium Density Density Residential); and to deny an RPUD Concept detached residential development of the site. The d Guide Plan amendment and the RPUD Concept Plan specified in the staff report dated March 30, 1990. attached.) a recommendation to deny Residential) to LA -1 (Low Plan for single family enial of both the Land Use were based on findings Copy of the report is Proposed by this application is a conventional single family detached subdivision plat, designed to R -2 standards, proposing 122 single family detached lots on a site of 80.3 acres. Also requested is rezoning from FRD Future Restricted Development) to R -2 (Low Denisty Multiple Residence). Notice of this Public Hearing has been published in the official City newspaper, and all property owners within 500 feet have been notified. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. Section 500 of the Plymouth City Code provides for the platting of land within the City consistent with standards of Section 500 and the Zoning Ordinance. Following a Public Hearing, the Planning Commission is see next page) File 90050 Page Two required to submit its recommendations with respect to the proposed plat to the City Council. 2. The Physical Constraints Analysis identifies this property as located in the Shingle Creek Drainage District. The southern portion is located within the Shoreland Management Overlay District and also contains wetlands regulated by both state and federal agencies. The site contains some major woodlands in the east - central portion along with severe slopes related to the wetland areas, and drainage corridors leading to those wetland areas. The southern portion of the site, related to the wetlands, contains soils that are unsuitable for urban development, even with public sewers. Section 5000.15 of the Subdivision Ordinance requires developers to retain and maintain natural site features as much as possible. The overall plat design addresses the physical constraints and natural environment of the site with efforts to preserve those resources demonstrated. While wooded areas of the site will be lost to the grading plan, much of the naturally occurring woodlands in those areas consists of Cottonwood and Box Elder varieties. Because of the orientation of the site in relationship to the required street grid to match existing Northwest Boulevard, preservation of the "draw" areas located in the south - central portion of the site, and containing existing softwood trees, does not appear possible. Due to the topography of the site, there does not appear to be an option for the location of the large storm water detention pond that will not either result in the grading of a wooded area or the alteration of a naturally occurring wetland. 3. The dimensional standards proposed for this Preliminary Plat are consistent with the provisions of the Zoning Ordinance and the Subdivision Ordinance except with respect to lot width at the rear property line for Lot 27, Block 2; Lot 6 and Lot 7, Block 4; and Lot 20, Block 4. The applicant indicates that a condition requiring those lots to be reconfigured on the Final Plat to meet the 30 -foot lot width requirement will be acceptable. Therefore, no variances are requested or required. 4. The applicant proposes the incorporation of a portion of West Medicine Lake Road right -of -way within the 18 proposed lots at the west periphery of this plat, and abutting West Medicine Lake Road. We find 11 of these proposed lots would re uire the area represented by existing West Medicine Lake Road right -of -way to qualify for the 15,000 square foot minimum lot size required in the R -2 Zoning District. The West Medicine Lake Road right -of -way adjoining Lots 34 -42, Block 4 has been "turned back" by the State of Minnesota to the City of Plymouth. The City Council recently designated that right -of -way to be "surplus property ", and title should be available to the applicant concurrent with the final platting of those lots. The right -of -way adjacent to Lots 16, 17, 25 -33 (and a part of 34), Block 4 still exists as platted right -of- see next page) File 90050 Page Three way. A petition for vacation of this right -of -way will be necessary, and a "turn back" action on behalf of the State of Minnesota (with respect to the westerly 33 feet) together with a declaration of surplus property by the City, will be required prior to incorporation of this right -of -way within future Final Plats of this parcel. In terms of the Preliminary Plat design, we believe the full 66 -foot width of the West Medicine Lake Road right -of -way should be included in the lots that it would adjoin. This would slightly enlarge Lots 16, 17 and 25 -34, Block 4. The lots of this Preliminary Plat that require either deeded turn back" land or vacated property must be Final Platted as outlots unless the required transfer of,title from the City of Plymouth has taken place prior to the Final Plat. The lot should not be created in any form until all of the necessary land is in the name of the applicant. 5. The relationship of the phasing of this plat with the construction of Northwest Boulevard and the continued use of West Medicine Lake Drive is critical. Temporary access must be provided for to connect the completed part of Northwest Boulevard northerly to County Road 47 with existing West Medicine Lake Road south to County Road 9. With the proposed "Phase I" of development, West Medicine Lake Road must be temporarily connected with Vinewood Lane /Teakwood Lane so that traffic can travel between Northwest Boulevard and West Medicine Lake Drive between County Road 47 and County Road 9. PLANNING STAFF COMMENTS: 1. We find the proposed Preliminary Plat consistent with the standards of the Subdivision and Zoning Ordinances with respect to dimensional design and natural environment preservation with adjustments to the width of 4 lots at the rear property line as recommended by staff and agreed to by the applicant. Approval of the Preliminary Plat should be on the condition that those adjustments are made with Final Plat submissions. 2. We find the relationship of the proposed plat to the right -of -way of West Medicine Lake Road that is either already vacated or subject to future vacation must be established if lots abutting the west periphery of the site or to be of area, consistent with the Zoning Ordinance. The Preliminary Plat proposal to include vacated and to be vacated right -of- way of West Medicine Lake Drive within those adjacent lots is appropriate, but those lots should not be created by Final Platting, except as an outlot, until such time as title has physically transferred to the applicant. 3. The future vacation action with respect to West Medicine Lake Drive beginning at Lot 34, Block 4 and extending southerly to the south plat boundary will result in a 66 -foot wide parcel that will ultimately become surplus" to the City's needs. The full 66 feet should be incorporated see next page) File 90050 Page Four within the lots that abut this existing right -of -way for Preliminary Plat purposes where future Final Plats should not be permitted to create these lots, except as outlots, until such time as the appropriate legal process has been completed to place title to this vacated right -of -way (all 66 feet of it) with the applicant. 4. Rezoning from FRD to R -2 is consistent with the Land Use Guide Plan Element of the Comprehensive Plan. RECOMMENDATION: We hereby recommend adoption of t the approval of the Preliminary P1 subject to the usual conditions conditions related to the staff rezoning of the parcel from FRD to rezoning also a Submitted by: ATTACHMENTS: he attached draft resolution providing for at for the "Bass Lake Terrace" subdivision, associated with such approvals as well as comments found above. We also recommend R -2 as reflected by the draft Ordinance for 1. Resolution Approving Preliminary Plat 2. Ordinance Rezoning from FRD to R -2 3. Engineer's Memorandum 4. Staff Memorandum of March 30, 1990 5. Applicant's Narrative of May 10, 1990 6. Location Map 7. Large Plans pc /cd /90050:dl) APPROVING PRELIMINARY PLAT FOR "BASS LAKE TERRACE" FOR VERN REYNOLDS CONSTRUCTION (90050) WHEREAS, Vern Reynolds Construction has requested approval for a Preliminary Plat for the development of 122 single family detached lots on a site of 80.3 acres located at the northwest quadrant of the Soo Line tracks and Northwest Boulevard; 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 Vern Reynolds Construction for a Preliminary Plat for the development of 122 single family detached lots on a site of 80.3 acres located at the northwest quadrant of the Soo Line tracks and Northwest Boulevard, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. 1 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 fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. S. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 9. Lots adjacent to West Medicine Lake Road shall be platted as outlots until such time as title to the vacated right -of -way of West Medicine Lake Road is in the name of the applicant. 10. Temporary access through the plat form West Medicine Lake Road to Teakwood Lane /Vinewood Lane shall be provided until Northwest Boulevard is completed from County Road 47 to County Road 9. 11. All rights -of -way will be included in the initial Final Plat. 12. Subject to approval by the Metropolitan Council of the Land Use Guide Plan adopted by the City Council December 18, 1990. CITY OF PLYMOUTH ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHWEST QUADRANT OF THE S00 LINE TRACKS AND NORTHWEST BOULEVARD AS LA -2 (LOW MEDIUM DENSITY RESIDENTIAL) DISTRICT Section 1. Amendment of Ordinance. Ordinance No. 80 -9 of the City of Plymouth, Minnesota, adopted June 15, 1980 as amended, is hereby amended by changing the classification on the City of Plymouth Zoning Map from FRD Future Restricted Development) District to LA -2 (Low Medium Density Residential) District with respect to the hereinafter described property: Insert Legal) Section 2. General Development Plan. This Ordinance authorizes the development of said tracts only in accordance with the Plan approved for the File No. 90050. Section 3. Effective Date. This Ordinance shall take effect upon filing the Final Plat with Hennepin County and upon its passage and publication. Adopted by the City Council ATTEST City Clerk File 90050 day of . Mayor DATE: FILE NO.: PETITIONER: PRELIMINARY PLAT: LOCATION: ASSESSMENT RECORDS: City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council July 18, 1990 90050 Mr. Vern Reynolds, Vern Reynolds Construction, 6570 Goldenrod Lane North, Maple Grove, MN 55369 BASS LAKE TERRACE West of proposed Northwest Blvd., east of West Medicine Lake Drive, and north of the Soo Line Railroad tracks in the southeast 1/4 of Section 3 and the northeastern 1/4 of Section 10. N/A Yes No X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. These are in addition to the assessments shown in No. 1 and No. 2. 4. Area assessments' Watermain area based on 78.7 acres - 15.8 acres for ponding = 62.9 acres x 1,580 per acre = $99,382. Sanitary sewer area assessment based on 78.7 acres - 15.8 acres of opnding - 62.9 acres x $$80 per acre = $55,353. 5. Other additional assessments estimated: Estimated assessments for Northwest Blvd street, curb, gutter, and grading, $103.558. Storm sewer, $31,388. N/A Yes No 6. _ _ X Complies with standard utility /drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. _ _ X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. 8. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. For Pond SC -PBB, 928.0 and to elevation of 964.8 for the pond north of Sycamore Lane south of 55th Avenue and 958.0 for the pond north of 54th Avenue between Sycamore Lane and Underwood Lane and to an elevation of 933.5 for the pond located in Block 4. 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 subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. For the temporary access road from West Medicine Lake Drive to Vinewood Lane, 11. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR X MnDOT X Hennepin County X MPCA X State Health Department Bassett Creek Minnehaha Creek Elm Creek X Shingle Creek X Army Corps of Engineers Other The developer must comply with the conditions within any permit. 2 - U mss_ US; N/A Yes No 12. _ X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. Teakwood Lane east of Vinewood Lane shall be changed toto 59th Place to the east _nropgrty line of Lot - Block 1, and from the east properly line of Lot 5, Block 1 south to 55th Avenue, the street shall remain Teakwood Lane, Sycamore Lane _north of 55th Avenue shall be changed to Teakwood Lane. 13. _ .X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X _ _ Acceleration /deceleration lanes provided - Acceleration /deceleration lanes are required at the intersection of and 15. _ X All existing street rights -of -way are required width - Additional right -of -way will be required on as shown on the Preliminary Plat. 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. MM N/A Yes No 0 17. X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. 18. X Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. The developer shall petition the City to construct Northwest Boulevard adjacent to the plat. 19. _ _ . Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. Lots 26, 28, 30, 31, 32,_ 33, and 34- Block 3 shall all have minimum basement elevations of 960.0 and Lots _1, 2, 3, 4, 35, and 36, Block 3 shall have minimum basement elevations of 966.8. For Lots 2 through 9. Block 4, 935.5. Lots 1, and 10 through 16 shall have minimum basement elevations of 930.0. N/A Yes No 20. _ X The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. _ X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right -of -way. All water connections shall be via wettan. 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Shall comply with all agency permits. 24. A. The pond elevations of 864.8 and 858 on the Utility Plans are mislabeled. They shall be changed to 964.8 and 958.0. B. The final Grading Plan shall clearly define all overflow swales and the swales shall be sodded immediately after grading is complete to ensure they are not filled in during construction of the new homes. The ground elevations shall be noted behind each of the homes on the Final Grading Plan. C. In order to deed to the developer that portion of West Medicine Lake Drive that will no longer be necessary with the extension of County Road 61, a temporary street access shall be provided from West Medicine Lake Drive. This temporary road access will be necessary until County Road 61 is extended south across the tracks to County Road 9. D. The temporary road will have to be constructed prior to filing the Final Plat. A portion of the West Medicine Lake Drive right -of -way is proposed to be used by the developer for Lots 34 through 42, Block 4. E. A contract must be awarded for the construction of Northwest Boulevard prior to a Final Plat being approved by the City Council. Submitted by: 1' Daniel L. Faulkner, P.E. City Engineer 5 - 640043 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: March 30, 1990 COMMISSION MEETING DATE: April 11, 1990 FILE NO.: 90012 PETITIONER: Vern Reynolds Construction Company REQUEST: Land Use Guide Plan Amendment to Reclassify from LA -2 to LA -1 and Planned Unit Development Concept Plan LOCATION: Northeast of West Medicine Lake Drive and the Soo Line Railroad GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: On May 3, 1982, by Resolution 82 -214, the Plymouth City Council denied an RPUD Concept Plan for this site. The denial was based on the fact that urban utilities and streets were unavailable at that time and were not part of the current Capital Improvement Program. This property was among those parcels which were approved for reclassification by the City Council on December 18, 1989, upon Commission recommendation. The reclassification was from LA -3 (High Medium Density) to LA -2 (Low Medium Density), subject to approval of the Metropolitan Council, which is pending. The applicant now proposes to reguide a parcel of approximately 78 gross acres from the approved LA -2 (Low Medium Density Residential) to LA -1 (Low Density Residential). The applicant also proposes an RPUD Concept Plan for 125 single family detached units on the 63 acres net of land at or below the 100 -Year flood elevation. The Concept Plan proposal includes nearly 16 acres of "Pond" and an additional 10 acres of "Common Open Area." The intent by these proposals is to provide the "more usable and suitably located recreation facilities than would otherwise be provided under conventional land development procedures" required as a PUD attribute by the Zoning Ordinance. The design of the plat is for lots of 80 foot minimum width and 11,000 square foot minimum area. An average lot area of 15,000 square feet is proposed. Notice of this Public Hearing and Public Informational Meeting (Concept Plan) has been published in the official City newspaper and notice has been mailed to all property owners within 500 feet. A development sign has also been placed on the property. i Page Two File 90W PRIMARY ISSUES AND ANALYSIS: 1. The applicant's narrative dated March 12, 1990 and February 15, 1990 describes both the proposed reguiding, and a response to the checklist for applicants for a Land Use Guide Plan amendment. The narrative also addresses responses to RPUD Concept Plan information requirements. 2. The approved locational criteria specified in the updated Land Use Guide Plan Text with respect to LA -2 guiding are less specific and stated in broader terms than that of LA -1 guiding. It is not djfficult for much land area of Plymouth to respond positively to LA -2 locational criteria. The area under consideration was found to respond positively to LA -2 locational criteria. It would appear that the LA -2 guiding that exists at this location (and to a large measure on both sides of I -494 from the north corporate limits to County Road 9) may be intended, at least in part, to be a buffer between single family development and an arterial transportation corridor. Locational criteria for LA -1 states that LA -1 guiding is suggested for areas over 1/3 mile from a major collector or arterial; and, generally lower densities will be required on the interior and higher densities will be allowed on periphery of walking neighborhoods. This reguiding proposal introduces LA -1 guiding directly abutting a major arterial (I -494) on the west and a minor arterial (Northwest Boulevard) on the east. Also, the west edge of this site coincides with the west periphery of Walking Neighborhood 9 - -also the right -of -way of I -494. 3. There is no lack of developable property in the LA -1 classification. The 1990 -1994 Plymouth Capital Improvements Program will result in hundreds of acres of LA -1 classified land receiving trunk water and sewer service, and thereby that land will be eligible for urban development. The majority of the large acreage of "new" LA -1 classified land will receive water and sewer service in 1990 and 1991. 4. When the supply of a certain class of property is substantial - -such is the case for land in Plymouth suitable for single family detached development - -an action by a governmental body to increase the supply may tend to have a depressing effect on the value of the existing supply. 5. The applicant contends that a multifamily development on this site would be more intrusive and less harmonious with the existing neighborhoods. He states higher density use would potentially have greater impact on the natural wetland located on the south edge of the property. These could be considered examples of merit in the proposal beyond the interests of the owner. The Land Use Guide Plan and Zoning Ordinance do not require multifamily development on`LA -2 land. Page Three File 90012 6. The proposal addresses the issue of highest and best use of the site in terms of relationship to surrounding development and a lack of natural site features conducive to the attached housing types which can be developed in LA -2 guided areas. The implication by the applicant that the existing LA -2 guiding requires the introduction of "alternate housing type „ (to single family detached) is not accurate. While LA -2 guiding and nasuch alternate housing types where site location, adjacent uses, tural site features would suggest such to be the best uses, there is no mandate in the Land Use Guide Plan for alternative housing types in LA- 2 classified areas of the City. During the past 12 months, at least 2 totally single family detached plats have been approved in LA -2 guided /R -2 zoned areas of Plymouth (Swan Lake West and Northfork). 7. The applicant indicates that his RPUD plan will call for a development of 125 units over the entire 63 (net for PUD) acres. This results in a density of just under 2 dwelling units per acre above the 100 -Year storm drainage elevation - -or, right at the expected LA -1 density of development. The LA -2 guiding would result in an expected minimum of 3 units per net acre, or a minimum 189 units over the 63 acres. The reduced impact on water distribution, sanitary sewers, parks and trails, and transportation plans is evident. To the extent that those facilities are not already constructed, the impact therefore could be considered positive in terms of reduced development intensity. To the extent those facilities are already constructed in anticipation of the LA -2 de it in this area, the impact could be considered negative (at least fiscally. 8. Discussion with respect to the impact on utility charges is contained in the Engineer's Memorandum that has been attached to this staff report for reference. 9. Section 9, Subdivision B identifies that the Planning Commission should review the PUD Concept Plan for its relationship to the surrounding neighborhood and its compliance with City ordinances and the Comprehensive Plan. The developer has addressed some of the preliminary design issues with this PUD however he suggests that this is a Concept Plan and more specific details will be provided with the preliminary plan /plat submittal. 10. The Physical Constraints Analysis identifies this property to be located in the Shingle Creek Drainage District. The southern portion is located within the Shoreland Management Overlay District and also contains some wetlands. The site contains some major woodlands in the east central portion along with some severe slopes which run from east to west through the center of the site. The site contains some soils in the southern portion of the site that 'are unsuitable for urban capability even with with public sewers. Page Four File 90012 PLANNING STAFF COMMENTS: ti, 1 1. The LA -2 guide plan classification locational criteria are more easily attained than LA -1. Therefore a better question than, "Is this site better LA -2 or LA -1 based on locational criteria ? ", would be "Does the site respond to LA -1 locational criteria? We find the locational criterion of LA -1 related to "transition from major collector or arterial" to be violated on face by this proposal. Interstate 494 is a "Principal Arterial" and County Road 61 is a "Minor Arterial" in the functional classification system of the Plymouth Transportation Plan Element. We concede that creative use of grade differentials mU provide a physical mitigation to the locational conflict the Land Use Guide Plan addresses by this criterion. Further, we do not subscribe to the implied corollary that areas adjacent to thoroughfare streets are bette suited to high density residential development on kny basis other than the need to locate traffic generators near thoroughfares. That becomes a reason for locating high density near thoroughfares but not necessarily against locating LA -1 near thoroughfares. 2. The LA -1 locational criterion regarding relationship to walking neighborhood peripheries is not relevant with this site. The westerly periphery of Walking Neighborhood 9 is the westerly edge of this site, but the Interstate 494 corridor physically divides this site from Walking Neighborhood 8 to the west. What is located on the west periphery of this walking neighborhood will not impact uses in the walking neighborhood to the west. 3. The Land Use Guide Plan amendment application is in response to financial issues related to area and other assessment policies rather than to land use matters. The potential for 170 fewer persons as a result of the proposed reguiding would provide a negative impact to the City of Plymouth with respect to State and Federal aids that are based on per capita calculations. The LA- 2 guiding that exists at low end, could generate 34 percent more per capita revenues than LA -1 guiding at low end. 4. Clearly, the RPUD Concept Plan application submitted is to develop single family detached housing of a specific lot size /shape configuration. The RPUD application is to gain lot sizes below ordinance standards. Few, if any, physical site resources are preserved by the PUD approach in addition to those that will be preserved anyway as storm water drainage and /or DNR /Corps of Engineers designated wetland. 5. With few if any PUD attributes provided, the Concept Plan proposed does not clearly qualify as a PUD. This project could be designed as a conventional" R -2 zoned subdivision and appear very similar, except with slightly larger lots; wider lots; and no common open space. r- 1 Page Five File 90012 6. Private common open space in single family detached PUD's has not been uniformly successful in Plymouth, and I therefore question it as a PUD attribute. The intended function of private common open space in a PUD -- usable open space in lieu of private yard area -- does not operate as well with single family detached lots that are of the size here proposed 11,000 square feet minimum -- 15,000 square feet average) as it does with attached housing. The home buyers generally do not perceive the purpose of the private open space created, and, in fact, have tended to resent the intrusion of those areas into private lots, and the common responsibilities for the open space. 7. We find the proposed Land Use Guide Plan reclassification from LA -2 to LA- 1 is not supported by the analysis provided. Specifically, no higher or better use would result; adequate amounts of LA -1 classified land are available elsewhere in the City; no specific benefit will be realized by the City not otherwise realizable; and no significant improvement in response to locational criteria will result. 8. We find this site could be developed with a similar design responsive to the existing LA -2 guiding (and resulting R -2 zoning) and a conventional plat. Lot width at the front setbacks and minimum lot size would increase to 90 feet and 15,000 square feet respectively. Where specific design hardship can be shown, on a lot by lot basis, we would review lot size and /or lot width variance requests proactively. RECOMMENDATION: I recommend the application for Land Use Guide Plan Element to reclassify this site from LA -2 to LA -1 be denied, based on the findings proposed in the attached resolution format. I further recommend the RPUD Concept Plan proposed be denied based on findings proposed in the attached resolution format. Consistent with previous Planning Commission direction I have also attached resolution formats for approval of both the Land Use Guide Plan Element amendment and the RPUD Concept Plan. c Page Six File 90012 It should be noted (and has been to the applicant) that the City- initiated reguiding from LA -3 to LA -2 is still pending review by the Metropolitan Council. This action (to approve) would be contingent upon final approval of the LA -2 guiding and might require reconsideration should the guiding not be changed (not a 1 i l~vent , but ps j bl e) . l Submitted by: Char es E. DilleruC Community Development Coordinator ATTACHMENTS: 1. Draft Resolution Recommending Denial of the Amendment to the Land Use Guide Plan 2. Draft Resolution Recommending Denial of the RPUD Concept Plan 3. Draft Resolution Recommending Approval of the Amendment to the Land Use Guide Plan 4. Draft Resolution Recommending Approval of the RPUD Concept Plan 5. Engineer's Memorandum 6. Petitioner's Narrative 7. Petitioner's Checklist 8. Staff Checklist 9. Large Plans pc /cd /90012:jw) Planning Commission Minute April 11, 1990 Page 53 Mr. nderson stated that he was not in favor of an increase intheoiceuseinthisarea. He also wanted reassurance that a parking mp would be built if there was a need for additional parking sp a on the property. Chairman Plufka"''osed the Public Hearing. MOTION by Commission Stulberg, seconded by Commissioner MOTION TO APPROVETierneytorecommendrovalofthepetitionofHoytDevelopmentCompanyforSitePlanAmendment, ParkingDeferral, and Conditional Permit for office /warehouselocatedatthesoutheastcorneofCountyRoad6andCountyRoad61subjecttoallconditions 'sted in the March 27, 1990StaffReport. Roll Call Vote. 5 Ayes. Commissioner Wire abstained as he was VOTE - MOTION CARRIEDno_ for the discussion Motion carried Chairman Plufka introduced the request of Vern Reynolds VERN REYNOLDS CONSTRUC- Construction Company for a Land Use Guide Plan Amendment and TION COMPANY (90012) RPUD,Concept Plan for Bass Lake Terrace located northeast ofWestMedicineLakeDriveandtheSooLineRailroad. Commissioner Marofsky advised the Chairman that he would not participate in deliberation of this agenda item. The Chairman excused Commissioner Marofsky from the table. Coordinator Dillerud reviewed the March 30, 1990 Staff Report. Commissioner Tierney asked who would own the large pondingarea. Coordinator Dillerud stated that the ponding area is owned bythelotsthatabut, and, there would be a ponding easement totheCity. Chairman Plufka introduced Mr. Mike Gair, Mr. Ron Halverson andMr. Vern Reynolds, the petitioner. Mr. Gair passed out an outline to the Commissioners to aid theminfollowinghispresentation. Mr. Gair stated that the only reason the petitioner had for requesting the reguiding from LA -2 to LA -1 was because theirplanwasfortwounitsperacreratherthanthreeunitsperacrethatistheLA -2 minimum denisty. Mr. Gair discussed the other developments in the area that also have a lower densitythanthethreeunitsperacrerequiredinaLA -2 area. He saidthatthedesireofthedeveloperwastobecompatiblewiththesurroundingdevelopments. Mr. Gair stated that the developer wished to preserve the physical features of the property such as the uplands, lowlandsand90footgradedifferentialwithinthesite. He said that Planning Commission Minute-,. April 11, 1990 Page 54 the request for LA -1 guiding is driven by the nature of the land and that 9.9 acres would be preserved as part of the PUD plan. Chairman Plufka asked if the petition were proposed as a LA -2 conventional development rather than a PUD would they be required to meet the LA -2 minimum density standard. Coordinator Dillerud stated that if the petition were a conventional LA -2/R -2 development there would be no requirement to meet density numbers. He said that Zoning Ordinance lot dimension standards would be the density control. Commissioner Tierney asked whether the new pond area in the center of the plat would be usable. Mr. Gair stated that the pond would not hold water year round, and would be a passive recreation area. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. David A. Barstad of 12915 54th Avenue North. Mr. Barstad stated that he was in favor of the development as presented by the petitioner, and also favored the petitioner's plan to preserve the slopes in the development. Chairman Plufka introduced Mr. Mike Boen of 12945 55th Avenue North. Mr. Boen stated that his concern was the increase in traffic at the 55th Avenue entrance to the development. He asked for an explanation of an alternative for the development. Chairman Plufka stated that if the development was left as LA -2 it could be developed as a conventional single family detached plat with a minimum of 15,000 square feet per dwelling, or as a Planned Unit Development with mixed types of housing. Coordinator Dillerud stated that a PUD in LA -2 could have any type of housing. He expanded on the PUD and conventional plat methods of development. City Engineer Faulkner stated that traffic on existing 55th Avenue North should not be excessive because most traffic would use Schmidt Lake Road or Northwest Boulevard. Chairman Plufka introduced Mr. John Coyne of 5515 Sycamore Lane. Mr. Coyne stated that he wanted to know if any noise abatement was planned for the east side of Northwest Boulevard for the existing homes. He said he was also concerned about the Planning April 11, Page 55 Commission Minut 1990 1 elevation of the northeast corner of the site and the resulting drainage from that area. Mr. Coyne stated that he was concerned about the traffic for those people wanting access to the park located southeast of the site on the east side of Northwest Boulevard. Mr. Gair stated that Hennepin County has approved the proposed access points to Northwest Boulevard (County Road 61) including 55th Avenue North. Chairman Plufka introduced Mr. Chuck Langer of 12935 55th Avenue North. Mr. Langer stated his concerns were the traffic at the 55th Avenue North access and the access to the park planned east of County Road 61. Mr. Gair discussed access to the park located southeast of the site. Coordinator Dillerud stated that park access alternatives would be addressed by the Park and Recreation Department during design of the park this year. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner Pierce to recommend denial of the petition for Vern Reynolds Construction Company for a Land Use Guide Plan Amendment to reguide the site from LA -2 to LA -1 for Bass Lake Terrace located northeast of West Medicine Lake Drive and the Soo Line Railroad, consistent with the Staff Report recommendations of March 30, 1990 but deleting Condition # 4, which refers to street and utility assessments. Commissioner Wire stated that he did not think that three units per acre would be possible on this site and that the area east of the proposed plat is compatible with this petition. He said that he favored the LA -1 guiding to give balance to the area and to keep the density down. He said he did not want to take the risk of having twinhomes developed on the site. Chairman Plufka stated that if the property were developed as a conventional LA -2 plat it could be below three units per acre. Commissioner Stulberg stated that the proposed LA -1 guiding would result in a "spot" guiding when viewed in the proper context of the Land Use Guide Plan stragegy in the I -494 corridor -- particularly the guiding north and south of the site. MOTION TO DENY Roll Call Vote. 4 Ayes. Commissioner Wire, Nay. Motion VOTE - MOTION TO DENY carried for Denial of the Land Use Guide Plan Amendment to CARRIED reguide the site from LA -2 to LA -1. Planning Commission Minutt4l April 11, 1990 Page 56 MOTION by Commissioner Stulberg, seconded by Chairman Plufka to MOTION TO DENY recommend denial of the RPUD Concept Plan for Bass Lake Terrace subject to the findings listed in the March 30, 1990 Staff Report. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO AMEND Tierney to delete finding 13 related to the RPUD Concept Plan. Commissioner Stulberg stated that the Concept Plan fails on PUD attributes alone. Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Stulberg, seconded by Chairman Plufka to MOTION TO AMEND delete the last part of finding 14 after the word "district ". Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED Roll Call Vote of Main Motion as twice amended. 5 Ayes • CARRIED MOTION TO DENY MOTION for denial carried. Chairman Plufka stated Concept of have sufficient usable common open space to qualify as a UD Chairman PJufka called a 5 minuted recess at 9:00 P.M. Chairman Plu, reconvened the meeting at 9:05 p.m. . Chairman Plufka troduced the request of onal Use Permit sand (90015) NTERPRISES, INC. Inc. for a Site lan, Rezoning, Condit for a gas /c venience station located at the southeast corner of Fernbrook L e and Harbor Lane. Coordinator Dillerud revi red the March 29, 1990 Staff Report. Commissioner Marofsky state that he wanted to reiterate that the rezoning of this prope is in agreement with the reguiding recommended by the P ning Commission, approved by the City Council, and currently be ore the Metropolitan Council for concurrence. Chairman MrPlCharlesnRadioffdandrMs.DBev ttasnallt Sath , representing the petitioner. Mr. Davenport stated that the exterior of the tructure will be brick on all sides and not stucco as depicted n the graphic. He stated that the deferred parking will softe the site and make it more pleasing. He said he was aware of he petition presented to the Commissioners requesting traffic ignals at the intersection of Fernbrook Lane and Harbor Lane. a stated that the traffic studies done report that there wou be no change in the traffic impact at this intersection. MIDWEST Land Surveyors & Civil Engineers, Inc. 199 Coon Rapids Blvd. Coon Rapids, MN 66433 Ph. 612-786-6909 Fax: 612-786-9208 HTETHMay10, 19 90Y Mr. Chuck Dillerud City Planner City of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mr. Dillerud: ow 2 1990 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPT. RE: BASS LAKE TERRACE Owner: V. Reynolds Const. At the request of Mr. Vern Reynolds, accompanying this narrative is an executed application, filing fee, and the required drawing for rezoning and preliminary plat approval. The drawings contain all commonly owned land under contract by Vern Reynolds Construction Co. Mr. Reynolds is seeking City review for two actions: 1. Preliminary plat approval 2. Rezoning from FRD to R -2 low density district. This development intends to provide for an appropriate use of the site, while accommodating the preservation of the natural terrain over approximately the Southerly 30% . The proposed platting of the property has been designed for single family homesites having minimum widths of 90 feet, depths of 120 feet and 15,000 square feet. The 90 foot width is measured at the 35 foot building setback line. Due to the slopes and wetlands (15.8 Acres) that lie within this site, the resultant density of 1.89 units per Acre is less than R -2 requirements. Mr. Reynolds' reasoning is that by increasing the density by use of multiple housing would not be in harmony with the surrounding community and would displease the adjoining single family property owners. Mr. Reynolds requests that you review this plat. He feels that you will arrive at a similar conclusion following your analysis of this project. Respectfully submitted, MIDWEST Land Surveyors Civil Engineers, Inc. Z", 'al X4, "MU, Rodney H. Halvorson, RLS Enc. RH H:dsh [12SC] fJ I a ti U i!-MW -1 1W r- CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 20, 1990 COMMISSION MEETING DATE: July 25, 1990 FILE NO.: 90052 PETITIONER: Ryan Construction Company REQUEST: Amended Mixed Planned Unit Development Preliminary - Plan /Plat /Conditional Use Permit and Final Site Plan /Plat for "Waterford Park Plaza" 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 (Underlying Zoning B -1) BACKGROUND: At its meeting July 11, 1990, the Planning Commission considered several applications that had been made concurrently regarding the subject location. The only action taken by the Planning Commission with respect to a recommendation to the City Council was to recommend approval of a Land Use Guide Plan Amendment and related Rezoning to classify the 1.2 acre site from the existing CL (Limited Business) to a proposed CS (Service Business). The impact of this action is to provide a site upon which the proposed use could be located consistent with the Land Use Guide Plan. The Planning Commission tabled consideration of the MPUD Preliminary Plan /Plat /Conditional Use Permit and MPUD Final Site Plan /Plat to enable staff the opportunity to review amended site design graphics that had been submitted by the applicant the day of the Planning Commission meeting (July 11, 1990). On July 12, 1990 copies of the Site Plan (only) which were delivered to the staff on July 11, 1990 were distributed to members of the Development Review Committee for what comments could be made based on just that plan sheet. On July 13, 1990 the applicant submitted another set of plans for the subject site that included revisions to the Site Plan of July 11, and the additional plan sheets that had not been included with the July 11, 1990 submission including landscape, grading, and lighting plans). No utility plans were submitted with this plan set on July 13, 1990. Since the July 13, plan submission did not take place until after 4:00 p.m., no distribution to Development Review Committee members was possible on Friday, July 13. see next page) Page Two file 90052 On Monday, July 16, 1990 the applicant submitted utility plans consistent with the Site Plan revisions that had been received late on July 13, 1990. As of the Development Review Committee meeting that was regularly scheduled for July 17, 1990, committee members had not had sufficient time to determine which plans were valid, much less what comments they may have. By a letter dated July 18, 1990, received by the City of Plymouth July 19, 1990, the applicant has provided additional proposals with respect to the configuration of the Site Plan as it relates to the east property line setback. On July 11, 1990 the Chairman continued MPUD Preliminary Plan /Plat /Conditional Table the item until July 25, 1990. PRIMARY ISSUES AND ANALYSIS: the Public Hearing with respect to the Use Permit following the Motion to 1. The changes from the Site Plan and MPUD Preliminary Plan reviewed by our July 6, 1990 Staff Report and the July 13, 1990 Plan version now under consideration are as follows: a. The relationship of the proposed structure and offstreet parking has been reversed. The structure is now oriented to the west portion of the site with parking oriented to the east, versus the previous plan where the structure was located on the east and the parking concentrated on the west. b. Access to the site is now from both 6th Avenue North (the State Highway 55 North Service Drive) and from the parking lot of the Waterford Park Plaza Shopping Center. c. The driveup lane is now designed in a manner that will permit it to serve as a fire lane as well as a drive lane thereby eliminating the need for variances from the Fire Code. d. Drive lane setback to the west property line now meets the 15 foot Zoning Ordinance standard versus the previous plan where 10 feet was proposed. e. The east to west dimension of the site has been reduced from 153 feet to 150 feet. This results in a reduction in the acreage of the site from 1.2 to 1.15 acres. f. By letter of July 18, 1990 the applicant has proposed an 11 foot easement over Lot 2 for landscape and setback purposes. The easement would expire at such time as Lot 2 is developed. 2. The elements of Zoning Ordinance flexibility requested by this amended PUD Preliminary Plan are as follows: see next page) Page Three File 90052 a. Setback of parking to a side property line is proposed to be 4 feet to the east versus the Ordinance minimum standard of 20 feet. b. Setback to the east property line for the freestanding business sign of 10 feet versus the Ordinance standard of 20 feet. 3. Representatives to the Development Review Committee from the affected City Departments were asked to expedite their review of the latest amended plans for this site to meet the Commission's review date; and have provided notes to the Planning Staff related to technical deficiencies with respect to related City Codes and Ordinances. A number of technical deficiencies remain with the site plans and specifications that have been submitted - -none of which is major in nature or eligible be addressed as an element of PUD flexibility. 4. The City Engineer finds that the access modification that is the basis for the amended Preliminary Plan /Site Plan graphics is acceptable and provides for adequate circulation in relationship to the public roadways. 5. We have attached a copy of our July 6, 1990 Staff Memo regarding this proposal. We specifically refer the Planning Commission to our comments with respect to the Preliminary Plan and Preliminary Plat regarding issues that have not been modified as a result of these amended Site Plans. PLANNING STAFF COMMENTS: 1. With respect to the MPUD Preliminary Plan /Plat /Conditional Use Permit we continue find no sufficient basis for the PUD flexibility requested with respect to side yard setback to the east; and, setback of the freestanding sign to the east property line. We find that the site has been reduced in size from the previous plan, with that reduction being to the east -west dimension. The dimensional standards of the Zoning Ordinance could be complied with in respect to the setback of parking and of the freestanding sign with the addition of 16 feet of the east -west dimension of the site. The Preliminary Plat is one of the applications that is under consideration. The issue of how the existing Outlot A of Waterford Park Plaza should be divided for future development is paramount.. We view the existing Outlot H as a "clean slate" with respect to division and therefore we find no basis to create a site that is, on it's face, too small to accommodate the uses proposed consistent with the Zoning Ordinance standards. There is available land to eliminate yard deficiencies. see next page) Page Four File 90052 2. We do not find the proposal in a letter dated July 18, 1990 from the applicant regarding a landscape easement to be an acceptable substitute for creating a parcel, by platting, insufficient in size to accommodate the proposed Site Plan. The applicant clearly relies on the provisions of Section 10, Subdivision B, Paragraph 5.h. of the Zoning Ordinance concerning "combined facilities" as an Ordinance basis for the proposal. We do not believe it was the intent of this Ordinance provision to permit the creation of parcels of substandard size relying on this Ordinance standard. 3. The MPUD Preliminary Plan /Plat and MPUD Final Site Plan, as currently submitted, remains deficient with respect to a number of technical details related to the Fire Code; the Handicapped Persons Access Code; the Landscape Policy (with respect to parking lot delineators) and other related standards, codes and ordinances affecting site design. We do not find these deficiencies or omissions to be site features that qualify as potential items of flexibility permitted by the PUD section of the Zoning Ordinance. We therefore recommend that any approval action regarding the applications currently under consideration include specific conditions related to the compliance of the Site Plan and plat of those standards, ordinances and codes. 4. The applicant advised staff of his understanding that a commitment has been made by the Planning Commission that this matter would be addressed at the July 25, 1990 meeting. Staff, in an effort to meet that understanding, has modified the usual DRC review process to accommodate the multiple plan changes that the applicant has submitted since July 11, 1990. The technical inconsistencies and deficiencies noted above are normally resolved between the applicant and the Development Review Committee prior to presentation of a Site Plan to the Planning Commission. The opportunity to resolve those problems has not been available due to the time constraints. RECOMMENDATION: We recommend approval of the MPUD Preliminary Plan /Plat /Conditional Use Permit and MPUD Final Site Plan /Plat on the condition that the property line between proposed Lot 1 and Lot 2 be adjusted to provide an additional 16 feet of width to Lot 1 so that the proposed Site Plan can be constructed without the need for setbacks less than the Zoning Ordinance standards in the B -3 Zoning District. see next page) Page Five 90052 We also recommend that conditions be added requiring the submission of Site Plans with all deficiencies satisfied with respect to the codes, ordinances and standards of the City of Plymouth. The attached resolutions provide for the approval as recommended. The recommendations should be separately acted upon, with the Preliminary Plan recommendation preceeding the Final Plat and Site Plan. Submitted by: ATTACHMENTS: 1. Resolution Approving MPUD Preliminary Plat /Plan /Conditional Use Permit 2. Resolution Approving MPUD Final Site Plan /Plat 3. Resolution Setting Conditions Prior to Recording of the MPUD Final Plat 4. Engineer's Memo 5. Planning Commission Minutes of July 11, 1990 6. Petitioner's Letter of July 18, 1990 7. Staff Report of July 6, 1990 8. Location Map 9. Large Plans 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 P1an)Plat and Conditional Use Permit for Waterford Park Plaza" to change 1.15 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" to permit use of the westerly 1.15 acres of Outlot H as a Class II restaurant 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. 7. Modification to Block 1 to relocate the property line between Lot 1 and Lot 2 16 feet easterly. 8. No modifications or variances from City Codes, Ordinances or Policy Resolution, including the Zoning Ordinance, are approved or implied. APPROVING MIXED PLANNED UNIT DEVELOPMENT FINAL PLAT FOR RYAN CONSTRUCTION COMPANY FOR "WATERFORD PARK PLAZA 2ND ADDITION" 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 Plat for "Waterford Park Plaza 2nd Addition" located at the northeast quadrant of 6th Avenue North and Revere Lane; and, WHEREAS, the Planning Commission has reviewed the request 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 Plat for Waterford Park Plaza 2nd Addition" located at the northeast quadrant of 6th - Avenue North and Revere Lane. FURTHER, that the Development Contract for Mayor and City Manager be authorized to behalf of the City. pc /res /90052.fp) said plat be approved, and that the execute the Development Contract on APPROVING MPUD FINAL SITE PLAN FOR RYAN CONSTRUCTION COMPANY FOR A CLASS II RESTAURANT IN WATERFORD PARK PLAZA 2ND ADDITION (90052) (MPUD 86 -1) WHEREAS, Ryan Construction Company has requested approval for an MPUD Final Site Plan for a Class II restaurant on Lot 1, Block 1, Waterford Park Plaza 2nd Addition located at the northeast quadrant of 6th Avenue North and Revere Lane; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Ryan Construction Company for an MPUD Final Site Plan for a Class II restaurant on Lot 1, Block 1, Waterford Park Plaza 2nd Addition 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. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of building permit issuance. 3. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 5. Any signage shall be in compliance with the approved Site Plan. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 8. All waste and waste containers shall be stored within the enclosure, and no outside storage is permitted. 9. An 8h x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 10. Cross easements for driveway access covering Lots 1, Block 1, Waterford Park Plaza and Lot 1, Block 1, Waterford Park Plaza 2nd Addition shall be submitted by the petitioner; approved by the City Attorney and recorded on the titles of both parcels prior to issuance of a Building Permit. 11. Compliance with all standards of City Code, Ordinance and Policy Resolutions and submission of an amended Site Plan reflecting all required items prior to issuance of a Building Permit. see next page) Resolution No. File 90051 Page Two 12. Modification to the Landscape Plan to include sodding of the 16 feet additional lot area created by the relocation of the east property line easterly per the MPUD Preliminary Plat /Plan approval resolution. The east parking setback shall be 20 feet minimum, and the east pylon sign setback shall be 20 feet. SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO THE AMENDED MIXED PLANNED UNIT DEVELOPMENT FINAL PLAT FOR RYAN CONSTRUCTION COMPANY FOR WATERFORD PARK PLAZA 2ND ADDITION" LOCATED AT THE NORTHEAST QUADRANT OF 6TH AVENUE NORTH AND REVERE LANE (90052) WHEREAS, the City Council has approved the Amended Mixed Planned Unit Development Final Plat and Development Contract for Ryan Construction Company for "Waterford Park Plaza 2nd Addition" 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 Lot 1, Block 1 from B -1 to B -3 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 0 to Planning Commission & City Council DATE: July 5, 1990 (Revised July 19, 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 Addi 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. MPM 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: Drainage calculations are in the process of being reviewed. 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 27A. 5- 27. A. Cross easements will be required for utilities and driveways. Submitted . b Y Daniel L. Faulkner, P. E. City Engineer Planning Commission Minutes July 11, 1990 Page 110 Chairman Plufka introduced Bradley White of 12400 Marion Lane, Minnetonka. Mr. White stated that he agreed with the conditions of the July 2, Staff Report. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Merle Flaata of 1277 Black Oaks Court. Mr. Flaata stated that he was President of the Gleason North Homeowner's Association and he was there to express support for the petition. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Zylla, seconded by Commissioner Marofsky to recommend approval for the request of Bradley H. White for an Amended Conditional Use Permit and Site Plan, Lot Division /Consolidation and Zoning Ordinance Variance for property located at 1271 and 1273 Black Oaks Court subject to all conditions listed in the July 2, 1990 Staff Report. MOTION by Commissioner Marofsky, seconded by Commissioner Zylla to add a condition to the Resolution Setting Conditions to Met Prior to the Filing of the Lot Division /Consolidation stating that the approval is subject to the appropriate title transfer of the property for Lots 13 and 14 from the Homeowner's Association, and must be approved by the City Attorney. Roll Call Vote. 5 Ayes. MOTION carried. Roll Call Vote on Main Motion as once amended. 5 Ayes. MOTION carried. MOTION TO APPROVE MOTION TO AMEND VOTE - MOTION CARRIED VOTE - MOTION CARRIED Chairman Plufka introduced the request of Ryan RYAN CONSTRUCTION Construction Company for a Land Use Guide Plan Amendment, COMPANY (90052) Rezoning, Conditional Use Permit, MPUD Preliminary Plan /Plat, MPUD Final Plan /Plat for "Arbys" located at 10130 State Highway 55. Coordinator Dillerud reviewed the July 6, 1990 Staff Report. Chairman Plufka introduced Mr. Bill McHale representing the petitioner. Mr. McHale reviewed the history of the proposed development on this parcel, explaining that the previous zoning was Industrial before Ryan Construction Company received approval for the reguiding to CS and CL. Planning Commission Minutes July 11, 1990 Page 111 Mr. McHale stated that a new design for the project had been submitted to the City this afternoon. He presented the Commissioners with a petition signed by people working in the area of the proposed Arbys Restaurant who desired to have this type of structure near by, and indicated there was a need for a Class II restaurant. He also showed the Commission a picture of the new Arbys building design that they would be building on this site. Chairman Plufka asked whether the earlier intent for an 80,000 square foot office building would continue if a portion of the parcel is approved for reguiding to CS. Mr. McHale stated that it is the intent of the petitioner to scale down the size of the office structure to be between 54,000 to 60,000 square feet if the reguiding is approved. Chairman Plufka opened the Public Hearing. There was no one present to speak on the issue, Chairman Plufka closed the Public Hearing. Commissioner Zylla stated that he felt the Land Use Guide Plan should be used strictly as a guide, and he felt the plans for this parcel would be beneficial to the area. Commissioner Marofsky questioned whether the recent PUD Plan for the Waterford Park site would have been approved if the size of the office structure was smaller and a Class II restaurant had been part of the plan. He said that he did not feel the fast food restaurant was appropriate, and he did not like the idea of changing an approved plan "piecemeal ". Commission Tierney stated that she did not like fast food restaurants but had to admit that they are convenient. She said that she thought it would take several years to fill the originally proposed office building. Commissioner Zylla stated that he felt Class II restaurants are becoming more the eat in type restaurants with less carry out occurring. He stated that he felt the design of the Arbys building was architecturally acceptable. Commissioner Marofsky stated that he would be more agreeable to the plan if the Arbys restaurant was built within the office building structure with a drive in window. He said he did not feel that CS guiding was appropriate to the site. MOTION by Commissioner Marofsky to`deny the request by MOTION TO DENY Ryan Construction Company for a Land Use Guide Plan Amendment to reguide the property located at 10130 State Highway 55 from CL to CS. Planning Commission Minutes July 11, 1990 Page 112 MOTION died for lack of a second. MOTION DIED FOR LACK OF A SECOND MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Zylla to recommend approval of the Land Use Guide Plan Amendment to reclassify 1.2 acres from CL to CS for Ryan Construction Company, subject to an added condition to the July 6, 1990 Staff Report stating that the reguiding would be contingent upon the approval of the PUD Plan /Plat changes proposed concurrently for the parcel. If the PUD Plan /Plat changes are not approved, the reguiding will be not be valid. Chairman Plufka stated that successful office parks today are surrounded by restaurants, fast food places, retail, etc. Roll Call Vote. 4 Ayes, Commissioner Marofsky, Nay. VOTE - MOTION CARRIED MOTION carried on a 4 -1 vote. Mr. McHale reviewed some of the changes in the Preliminary Plan for this site stating that he felt the plan complied with the Zoning Ordinance with regard to buffering requirements and setbacks. He stated that the revised plan would alter the location of Arbys on the site and this was done because of the proposed change to a 6th Avenue North roadway entrance into the site. MOTION by Chairman Plufka, seconded by Commissioner MOTION TO CONTINUE Marofsky to continue discussion of the MPUD Preliminary Plan /Plat, Conditional Use Permit, and MPUD Final Plan /Plat for Ryan Construction Company for " Arbys" until the July 25, 1990 Planning Commission meeting so that staff would have time to review the revised plans. Chairman Plufka reopened the Public Hearing and continued it until the July 25, 1990 meeting. Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka called a recess at 8:17 p.m. Chairman Plufka reconvened the meeting at 8:27 p.m. Chairman Plufka introduced the request of CSM Corporation CSM CORPORATION (90054) for an Amended RPUD Preliminary Plan, Conditional Use Permit and Final Site Plan to build a tennis court in Bass Lake Hills" located at the southeast quadrant of County Road 47 and I -494. Coordinator Dillerud reviewed the July 3, 1990 Staff Report. I Fie July 18, 1990 Mr. Charles Dillerud Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: WATERFORD PARK PLAZA ARBY'S EAST LOT LINE.SETBACK Dear Chuck: IDVAN CO C I COMPANY OF MINNESOTA, INC. PL I r dED JUL 19 1990 MOUTH 60 u i T`v CEVELOPMENT DEPT. As you can see, the new site plan submitted to the City Staff on Friday, July 13, 1990, agrees for all practical purposes to the fax we supplied Staff prior to the July 11th Planning Commission. At the July 11th Planning Commission meeting, the east lot line setback was discussed. Our proposed solution to the issue is as follows: 1. The Arby's east lot line setback will be four feet to be used as green space as shown on the plans dated and submitted to Staff July 13, 1990. 2. On the adjacent parcel (Lot 2) to the east, Ryan Construction is prepared to provide an 11' green space easement that would remain in effect until development of Lot 2. 3. When the Lot 2 is developed, the easement will be removed and parking for Lot 2 will be abutting the Arby's property line. 4. Upon construction and development of Lot 2, the four foot green space on the Arby's parcel (Lot 1) will remain as a landscaping buffer between the two developments. If you should have any questions, please feel free to call-me at 336 -1204 or Vince Driessen at 336 -1236. Sincerely, V IR, William J. McHale Vice President VJD9 /33/sl c: Blair Tremere Vince Driessen 700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 6121339.9847 FAX 6121337.5552 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 1981, 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 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 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 t e--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: b. Sanitar 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. 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. 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 g q. l In 1 Submitted by: es E. ATTACHMENTS: ty Development Coordinator 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 1. 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) aI 1l_ rt r m WNI FAV INS E 4` s lim 1 7i7lw STS 5c. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 18, 1990 COMMISSION MEETING DATE: July 25, 1990 FILE NO.: 90053 PETITIONER: Joseph Strait REQUEST: Conditional Use Permit for a Home Occupation to Operate a Saw Mill LOCATION: 16345 12th Avenue North GUIDE PLAN CLASS: LA -1 (Low Density Residential) ZONING: R -1A (Low Density Single Family Residential) BACKGROUND: No previous applications for development or use appear in the records of the Community Development Department regarding this site. The applicant requests a Conditional Use Permit for Home Occupation to permit the sawing of logs and timbers at his residence. This application is a result of an Ordinance violation citation related to a complaint filed concerning Mr. Strait's site and activities in 1989. The "public nuisance" that was related to the original complaint has been abated by Mr. Strait through the general housekeeping of his property. However, the Zoning violation of the saw mill operation would continue each time the saw mill were operated. Mr. Strait has agreed not to operate the saw mill until such time as a decision is rendered as to whether a Conditional Use Permit for Home Occupation will be issued by the City of Plymouth. Notice of this Public Hearing was published in the official City newspaper, specifying a July 25; 1990, hearing date. Based on a list of property owners applied by the petitioner, as generated by Hennepin County, property owners were notified concerning this Public Hearing. A review of the property owner list concurrent with the preparation of this staff report revealed that the Hennepin County listing was limited to all property owners within 200 feet of the site rather than 500 feet as required by the City Ordinance and State Law. PRIMARY ISSUES AND ANALYSIS: I. The Zoning Ordinance allows two classes of home occupations in Residential Zoning Districts. Certain home occupations - -of a very minor nature and involving no external evidence of those occupations - -are a permitted use see next page) File 90053 Page Two in the Residential Districts. Certain other home occupations, specifically those that would be evident by appearance or characteristics are allowed only by Conditional Use Permit. Those uses that result in light, glare, noise, motor, or vibration perceptible beyond the boundaries of the premises do not qualify as a conditional home occupation. (See the attached Ordinance definition.) 2. Section 9 of the Zoning Ordinance provides six standards upon which an application for a Conditional Use Permit must be considered before recommendation for approval may be made by the Planning Commission, and the Conditional Use Permit granted by the City Council. A copy of those standards is attached to this staff report together with the applicant's brief narrative in response to those standards. In addition, the applicant has provided a written description of the proposed home occupation by a letter dated July 4, 1990. 3. The applicant maintains that the saw mill operation has been conducted since the "early 1970s ". The Zoning Ordinance in effect at the time Mr. Strait started his operation -- provided that home occupations of any type required Conditional Use Permits in the R -1A Zoning District. No nonconforming use status could be claimed. 4. The saw mill machinery is located outdoors near the center of the property. An accessory building is between the saw mill and the adjoining property, together with a 6 -foot wooden fence, to the east and a 6 -foot wooden fence is between the saw mill machinery and the property to the west. To the north a small accessory structure is between the saw mill machinery and the north property line which is over 100 feet to the south of the machinery. 5. The State Law and Zoning Ordinance require written notice to property owners of record within 500 feet at least 10 days prior to the Public Hearing. The deficiency of the list provided by the petitioner resulted in only those within 200 feet being notified. The petitioner has been advised that a complete list is required. The Commission may open the hearing now - -thus avoiding the need to republish a notice in the legal newspaper - -and continue it until a date when all the neighboring property owners can be notified per law. PLANNING STAFF COMMENTS: 1. The Ordinance, defines conditional home occupation in terms that are specific about the impacts of such home occupations, including noise and vibration which cannot be discernible beyond the property lines of the premise on which he home occupation is proposed to be located. The applicant maintains that no vibration is perceptible beyond the property see next page) File 90053 Page Three lines but makes no claim that noise would not be. With the saw mill machinery proposed to be located outdoors, we do not perceive how the noise from the operation could not be discernible beyond the property lines of the premises. We find that the use could be conducted consistent with the Zoning Ordinance, only if the machinery were located inside a noise absorbing structure. 2. If the Ordinance provisions with respect to noise perceptible beyond property lines can be mitigated by the petitioner, a secondary concern is the relationship of the proposed use to the primary use of the site, i.e., single family residence. Both the raw materials and the finished products involved in the proposed use occupy substantial areas when stored. The site as it exists today (with most of the south half of the lot remaining vacant and unused) would result in a finding that the proposed home occupation is secondary and incidental to the primary use of the site. If, however, storage of materials, whether product, would extend into that south portion use of the site, by area, could quickly residential to predominantly occupational. must include a provision limiting the extent site to that which exists today. RECOMMENDATION: raw materials or a finished of the lot to any degree the revert from predominantly An approval recommendation of products storage on the The Public Hearing on this matter should be opened and all those wishing to be heard responsive to the property owner notices that have been sent should be heard. The Public Hearing should then be continued until such time as the balance of the property owner notices have been mailed responsive to the petitioner supplying a complete list from Hennepin County of all property owners within 500 feet. Final action should be deferred until then. We hereby recommend denial of the Conditional Use Permit for a Home Occupation to operate a saw mill within the R -1A Zoning District. We believe this to be a clear message to the petitioner that if he intends to continue his saw mill operation on this site, he must present a plan for that operation that will preclude both noise perceptible beyond his own property lines and expansion of the operation (particularly the storage function) to a point where the business use of the site would exceed in area the residential use. As proposed, Mr. Strait's business operation is not conducive for location within a single family residential neighborhood. Only with substantial structural enhancements could the use potentially be allowable with this location. see next page) File 90053 Page Four Consistent with prior direction of the Planning Commission, we have also included a resolution for approval of the Conditional Use Permit. Conditions have been added specifying exact compliance with the definition of conditional use - home occupation as found in the Zoning Ordinance with respect to noise and degree of site ation. Submitted by: C Char es . Dillerud,`Community Development Coordinator ATTACHMENTS: 1. Resolution Denying Conditional Use Permit 2. Resolution Approving Conditional Use Permit 3. Home Occupation Definitions 4. Conditional Use Permit Standards 5. Petitioner's Narrative 6. Nuisance and Zoning Enforcement History 7. Location Map 8. Site Graphics pc /cd /90053:dl) DENYING A HOME OCCUPATION CONDITIONAL USE PERMIT FOR JOSEPH STRAIT (90053) WHEREAS, Joseph Strait has requested a Conditional Use Permit for a home occupation to operate a saw mill for property located at 16345 12th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Joseph Strait for a home occupation Conditional Use Permit to operate a saw mill for property located at 16345 12th Avenue North, based on the following findings: 1. The proposed location of the saw machinery outdoors is inconsistent with the definition of "Home Occupation - Conditional" regarding noise being discernible beyond the site. Noise from saw operations will be discernible from adjoining properties. 2. The Conditional Use Permit standards of the Zoning Ordinance are not complied with regarding impact on other property in the immediate vicinity. The noise related tot he saw mill operations will be injurious to the use and enjoyment of those other properties. 3. The use proposed is not within the intent of the definition of "Home Occupation - Conditional" of the Plymouth Zoning Ordinance. APPROVING A HOME OCCUPATION CONDITIONAL USE PERMIT FOR JOSEPH STRAIT (90053) WHEREAS, Joseph Strait has requested a Conditional Use Permit for a home occupation to operate a saw mill for property located at 16345 12th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Joseph Strait for a home occupation Conditional Use Permit to operate a saw mill for property located at 16345 12th Avenue North, subject to the following conditions: 1. The permit is subject to ,all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to the as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. There shall be no signage allowed on the property relative to the use. 5. Hours of operation shall be limited to 12 p.m. to 4 p.m., Monday through Friday. 6. The permit shall be renewed in one year to assure compliance with the conditions. 7. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to permit issuance. 8. No noise related to the saw mill operation shall be discernible beyond the property line of the parcel upon which it is located. 9. No storage of materials is permitted on the portion of the site south of accessory structures located on the site as of May 1989. 10. The saw mill machinery shall be located in not more than one accessory structure, as prescribed by the Zoning Ordinance. PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B d vegetable wastes and other wastes or putrescible matter including but not limited -111110 g shells, grounds, bones, entrails, and similar materials resulting from t e aration, cooking, service and consumption of food, and other animal waste (Amended Ord. 87 -31) Gasoline Service Station -- Any building or premises used fSpofhe dispensation, sale or offering for sale at retail of any motor fue , oils or lubricants. When the use is incidental to the conduct of a p is garage, the premises are classified as a public garage. General Development Plan -- A report in text map form with the map drawn to scale depicting the general locatio and relationship of structures, streets, driveways, recreation are parking areas, utilities, etc. as related to a proposed development Grade (Adjacent Ground Elevation -- The lowest finished surface of the and The the a point 5 feet distant A om said wall, or the finished surface the ground between and the property l' a if it is less than 5 or other publi ay, the grade shall be alley or publ' way. point of elevation of the exterior wall of a building and the lowest point of elevation of the exterior wall of a building feet of a public sidewalk, alley the elevation of the sidewalk, Gues/Room-- y room or rooms used, or intended to be used by a guest for rposes. Heigng -- The vertical distance from the "Grade" to the highest e coping of a flat roof or to the deck line of a mansard roof or Home Occupation -- Any gainful occupation or profession engaged in by the occupant of the dwelling unit within the dwelling unit which is clearly incidental and secondary to the residential use of the premises, provided, such activity does not produce light glare, noise, odor, or vibration perceptible beyond the boundaries of the premises; does not involve the use of accessory structures or any of the following: Repair, service, or manufacturing which requires equipment other than that customarily found in a home; over -the- counter sale of merchandise produced off the premises; or, the employment of persons on the premises other than those customarily residing on the premises. (Ord. 88 -37) % Home Occupation Conditional -- Any gainful occupation or profession, approved pursuant to the conditional use permit provisions of this Ordinance, engaged in by the occupant of a dwelling unit within the dwelling unit or within not more than one accessory structure permitted by the Zoning Ordinance, and which involves any of the following: Stock -in -trade incidental to the performance of the service; repair, or manufacturing which require equipment other than that customarily found in a home; the employment on the premises, at any one time, of not more than one person who is a non - resident of the premises; the teaching of more than one but not more than four non - resident students at any given time; or the need for not more than two parking spaces in addition to spaces required for the 4 -7 PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B persons residing on the premises. The activity shall be clearly incidental and secondary to the residential use of the premises, including the dwelling and permitted accessory or installations thereon; and shall not produce light glare, noise, odor, or 'vibration perceptible beyond the boundaries of the premises; and shall not consist of over - the - counter sales of merchandise produced off the premises. (Ord. 88 -37) an beings within the meaning of Minnesota Statute Chapter 144.50. (Ord. 38) Hotel (Motel) -- Any building or portion thereof where lodgin is offered to transient guests for compensation and in which there ar more than three 3) sleeping rooms, with no cooking facilities in an ' dividual room or apartment. Impervious Surface -- Surfaces that do not absorb wat They consist of all buildings, parking areas, drivewa s, roads, si walks, and any areas of concrete asphalt. (Amended Ord. 89 -02 Junk Yard -- Land or buildings where waste, discar d or salvaged materials are brought, sold, exchanged, stored, cleaned, p ked, disassembled or handled, including, but not limited to scrap metal rags, paper, rubber products, glass products, lumber products and produ s resulting from the wrecking or salvage of automobiles or other vehicle Land Reclamation -- Depositing fifty (50) ubic yards or more of material so as to elevate the grade. Limited Access Highway -- A traffic -w , including toll roads, for through traffic, in respect to which ers or occupants of abutting property or lands and other persons have legal right of access to or from the same, except at such points only d in such manner as may be determined by the public authority having jur . diction over the traffic -way. Loading Space -- That portion f a lot or plot designed to serve the purpose of loading or unloading fo all types of vehicles. Lot -- One unit of a reco, ed plat or subdivision occupied or to be occupied by a building and its cessory buildings and including as a minimum such open spaces as are req red under this Ordinance and having frontage on a public street or'approv private street. Lot Area -- T/ Dwling 1 land area within the lot lines. Lot Area per Unit -- The lot area required by this Ordinance to be provided ch dwelling. Lot, Corn -- A lot situated at the junction of and fronting on two or more s tr ts. Lot overage -- The area of a lot occupied by the principal building or buildings and, structures, exce t erwise by this 4 -8 s FFOM S=CN 9, MMMSICN A 2. Proc . Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Cammission for purposes of evaluation against the standards of this section, Public Hearing, and development of a recammendation to the City Council, which shall make the f inal determination as to approval or denial. a. The Planning CaMdBsion 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 prcmote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or ccmfort. 3) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. fornms:o >pl /cup.stnd /s) 10/69 JU'_Y 4, 1:0 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD PLYMOUTH, MINNESOTA 55447 ATTiq: CHARLES E. DILLERUD COMMUNITY DEVELOPMENT COORDINATOR SUBJECT: JOE STRAIT. CONDITIONAL USE PERMIT FOR HOME OCCUPATIONS FOR EXISTING WOOD /SAWMILL BUSINESS (90053) DEAR MR. CHARLES E. DILLERUD: IN THE EARLY 1970'S I PERSONALLY BUILT THIS SAWMILL BY MYSELF AS A HOBBY MILL. SINCE THEN I HAVE BEEN RUNNING THIS AS A H083Y OFF AND ON. rSS TIME IWENT ON A FRIEND OR ACQUAINTENCE WOULD HAVE TiiF NEED FOR A FEW BOARDS TO BE CUT FROM A SPECIAL LOG. I ALSO HAVE CUT LUMiBER FOR THE CITY OF PLYMOUTH. AS FAR AS NOISE THERE IS NO VIBRATION AND THE ENGINE RUNNING THE ACTUAL SAWMILL HAS A 8IG MUFFLER ON THE EXHAUST SO THIS MINIMIZES ANY NOISE OF THE ENGINE, AND AS THE SAW GOES THROUGH THE LOG THIS HAS MORE OR LESS A HUMMING SOUND. I NEVER RUN THE MILL ON SUNDAY NOR DO I RU'! THE MILL DURING HOURS THAT PEOPLE IN THE NEIGHBORHOOD ARE AT HOME, ASIDE FROM THOSE THAT DO NOT WORK. SINCERELY, Q H O O - JOE STRAIT MID J u wJ i- U° MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 14, 1990 TO: Chuck Dillerud, Community Development Coordinator FROM: Myra Wicklacz, Development Services 'ql%/ SUBJECT: JOE STRAIT. 16845 12TH AVENUE NORTH (? 0(f) 6-5 On June 27, 1989, I received a complaint from a neighbor living next to Joe Strait in regard to some abandoned vehicles, construction debris, piles of sawdust, and a saw to cut wood. Based on an inspection of the site by Karleen Lutter, she concluded that Mr. Strait was indeed running some type of business out of his home, which contributed to the amount of debris, sawdust, and the loud sawing that would take place during the day. In July 1989, I sent a memo to Steve Correll, Police Support Services Supervisor, requesting that he have a Community Service Officer look into the matter of the debris on the property, and I would look into the matter of the home occupation being run without a Conditional Use Permit. In August 1989, Chris Wagner, Community Service Officer, investigated the site and drafted a report in the Police Department, which was copied to me. Community Service Officer Wagner tagged Joe Strait for permitting a public nuisance. Mr. Strait refused to accept any certified letters or any other correspondence from the City of Plymouth and requested that both Community Service Officer.Wagner and Building Inspector Lutter stay away from his property. Consequently a formal complaint was submitted, by Community Service Officer Wagner, and the case was sent to the City Attorney. Since then it has been processed as a public nuisance, and Mr. Strait has gone to court. On April 18, 1990, Joe Strait called the City and requested an inspection of his property to show that he had cleaned up his yard of all the waste and debris. On April 19, 1990, Karleen Lutter inspected the property and reported back to me that the site had been substantially cleaned up and organized in such a manner that she felt the public nuisance had been abated. However, Mr. Strait was still running a saw mill operation from his home. Karleen informed him that she and I would inspect the site on April 25, 1990, to verify the home occupation that was being conducted on the property. Memo (cont.) May 14, 1990 Page 2 On April 25, 1990, Karleen and I inspected the property. I noted that the site had been substantially cleaned up. However, a saw mill, used to cut timbers, was still located on the site and was still being used and operated. Mr. Strait indicated to me that he only ran the saw approximately 20 times a year at approximately 15 minutes to an hour duration in time. I informed Mr. Strait that this type of gainful occupation being conducted in the residential district, requires a request for a Conditional Use Permit for Home Occupation. I gave Mr. Strait the necessary forms and checklist to fill out to apply for the Conditional Use Permit. On May 1, 1990, Joe Strait submitted his application for a Conditional Use Permit which consisted of a hand sketch of his yard and where his equipment is stored on his premises, Conditional Use Permit standards, and the labels and map from Hennepin County. In the past, application materials for a Conditional Use Permit for home occupation have been similar in nature and detail as the information submitted by Joe Strait in this application. Please look at the information he submitted and inform me as to how you want to proceed with this application. LO ATI ON D ;. 1 ( 34) $iJ. a 7 o$ ( 25) (26) (27) (28) 36) . 31 (95) ? neD•sa•2 35) $• a• R eD all 60 4i %. 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N P ( 53) .............................. ............................ ............................... a too 63 (14) o 6G 213 `e 6 •.!$ 3 ' 15) e ° 2 ( 17) raj -- 49" 7 R (6) 10 '— N (20) 1 60- ,•o 6.16. $ $ ? .•( 21)IEN 12 60 60- fp- 3 I I 1 I 1 1 I N Q r 1 50 Do CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: July 18, 1990 COMMISSION MEETING DATE: July 25, 1990 FILE NO.: 90056 PETITIONER: Lowry Hill Construction Company REQUEST: Amendment to the Sanitary Sewer Element of the Comprehensive Plan to Permit Relocation of a Parcel of Property From One Sewer District to Another LOCATION: Northeast Corner of Holly Lane and County Road 9 GUIDE PLAN CLASS: LA -1 (Low Density Single Family Residential) ZONING: FRD (Future Restricted Development) BACKGROUND: On August 10, 1964, the Village Council adopted action denying an application to rezone a parcel that includes the subject site. A mobile home court of 327 units was proposed. On November 15, 1971, the City Council adopted action to deny a rezoning request by Lowry Hill Construction Company from R -0 (identical to the current FRD) to R -4 to permit the construction of a townhouse /apartment development of 592 units. The basis for denial was both the lack of land use guiding for this area of the City, and a concern as to whether this site could be served by public utilities. This application is to amend the Sanitary Sewer Element of the Comprehensive Plan to remove the subject property from Sewer District NW -17 and add the property to Sewer District NW -18. No zoning, platting or other development applications have been made concurrently. The only issue under consideration is the change in Sewer District for the subject parcel of approximately 38 acres. Notice of this Public Hearing has been published in the official City newspaper, and all property owners within 500 feet have been notified by mail. A development sign has been placed on the property. PRIMARY ISSUES AND ANALYSIS: 1. The updated Sanitary Sewer Element to the Comprehensive Plan was adopted by the City Council, on the recommendation of the Planning Commission, on see next page) File 90056 Page Two December 18, 1989. On May 24, 1990, the Metropolitan Council approved the updated Sanitary Sewer Element, as required by State Statute, but final approval by the Metropolitan Waste Control Commission is pending. 2. The Sanitary Sewer Element divides the City into a series of Sewer Districts differentiated by topographic conditions and other related factors. The Sewer Districts are aggregated in a manner that will provide sanitary sewer service to the community through a logical system plan to provide efficient gravit flow of waste water. The extension of trunk sanitary sewer service by the City of Plymouth is annually reviewed in preparation of the 5 -year Capital Improvements Program. The extension of sanitary sewer trunk lines relates to specific Sanitary Sewer Districts as defined by the Sanitary Sewer Element of the Comprehensive Plan. 3. The subject property is located in Sanitary Sewer District NW -17, as it has been since at least 1980. The trunk sanitary sewer extension that would provide gravity service to Sanitary Sewer District NW -17 is not scheduled in the 1990 -1994 Capital Improvements Program. During consideration of the 1990 -1994 Capital Improvements Program, representatives of the owners of this site requested that the trunk sanitary sewer necessary to serve this District be included, but the City Council did not approve that request. 4. The trunk sanitary sewer that is designed to service this site, and all of Sanitary Sewer District NW -17, would extend northerly and westerly from County Road 9 near its intersection with Xene Lane along the east periphery of this site through a natural "draw" area. The Sanitary Sewer Plan would, therefore, call for service to this site from the east. 5. The applicants have submitted a plan to provide sanitary sewer service to this site from the existing Metropolitan Waste Control Commission interceptor sewer that runs along the south edge of the site to serve the Urbandale Court area and portions of Medina. An agreement between the City of Plymouth_ and the Metropolitan Waste Control Commission governs access to this interceptor. The proposal to service this site by the Metropolitan Waste Control Commission interceptor would require an amendment to the agreement between Metropolitan Waste Control Commission and the City of Plymouth, regardless of whatever action would be taken by the City of Plymouth with respect to amending the Sanitary Sewer Element of the Comprehensive Plan. There is no assurance that the Metropolitan Waste Control Commission would concur in amending that agreement, or that the City Council would find amendment to that agreement to be in the best interest of the City of Plymouth. see next page) File 90056 Page Three 5. Due to the depth of the Metropolitan Waste Control Commission interceptor sewer that is proposed as service to this site, no additional properties north of this site, within the balance of Sanitary Sewer District NW -17, could receive service. A similar circumstance would exist with regard to property north of and abutting County Road 9 west of this site, i.e., service to a limited depth northerly from County Road 9 is technically possible using the Metropolitan Waste Control Commission interceptor, but the entire Sewer District may not be served without the construction of the City of Plymouth trunk line north from County Road 9 as noted above. PLANNING STAFF COMMENTS: 1. The development of the Sanitary Sewer Element of the Comprehensive Plan relies on a series of logical trunk sewer extensions servicing defined Districts. There have been amendments to those District boundaries over time where topographic conditions of a specific site are of a unique nature; or a specific site was severed by a District boundary. Circumstances of this application for amendment to a Sanitary Sewer District boundary are not of that unique nature. Here the petitioner seems to circumvent the Capital Improvements Programming process by connection to a sanitary sewer line that is not anticipated by the Sanitary Sewer Plan. We question what incentive wii1 remain for the construction of the trunk sewer that is intended to serve this parcel, and others to the north, if this parcel is allowed to be removed from the property Sanitary Sewer District to of the Capital Improvements Programming process. 2. The timing of sanitary sewer service to any specific location with the City of Plymouth does not necessarily relate to technical feasibility. The City of Plymouth, as well as many other suburban communities in the Metropolitan area, has incorporated the concept of development staging into policy decisions with respect to the extension of trunk sanitary sewer services. The rpoperforumforthesedevelopmentstagingdecisions is the Capital Improvements Programming process. The applicant has not been successful in securing a schedule for the relatively short extension of trunk sanitary sewer necessary to serve this site consistent with the Sanitary Sewer Plan. We find this application is inappropriately outside the Capital Improvements Programming process, particularly with respect to the development staging concept that is a part of that process. 3. While access to the Metropolitan Waste Control Commission interceptor that parallels County Road 9 may be technically feasible, such access cannot be obtained without an amendment to the existing agreement between the City of Plymouth and the Metropolitan Waste Control Commission which controls such access. A separate issue that relates to this application for amendment to the Comprehensive Plan is whether it is within the best interest of the City of Plymouth to reopen that agreement. see next page) File 90056 Page Four 4. We find no substantive basis for the Sanitary Sewer Element amendment proposed related to say, an error in the current plan design or unique site characteristics, such as topographic features, not recognized by the current plan; or a site divided by a Sanitary Sewer District boundary. RECOMMENDATION: We hereby recommend adoption of the attached resolution providing for the denial of this application to amend the Sanitary Sewer Element of the Comprehensive Plan, consistent with the findings noted. We have also included a resolution providing for approval of the Comprehensive Plan amendment, consistent with uatVpractice. _ , _ _ Submitted by: s E. Dillerud, Community Development Coordinator ATTACHMENTS: 1. Resolution Denying Comprehensive Plan 2. Resolution Approving Comprehensive Plan 3. Engineer's Memorandum 4. Location Map 5. Large Plans pc /cd /90056:dl) Amendment to the Sanitary Sewer Element of the Amendment to the Sanitary Sewer Element of the DENYING COMPREHENSIVE PLAN AMENDMENTS FOR LOWRY HILL CONSTRUCTION COMPANY 90056) WHEREAS, Lowry Hill Construction Company has requested approval of an amendment to the Sanitary Sewer Plan Element of the City's Comprehensive Plan for approximately 38 acres located east of Holly Lane and north of County Road 9; and, WHEREAS, the Planning Commission has considered the request following a duly scheduled Public Hearing and has recommended denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that is should and hereby does deny the amendment to the Sanitary Sewer Plan Element of the City's Comprehensive Plan for approximately 38 acres located east of Holly Lane and north of County Road 9, based on the following findings: 1. No error or change of conditions is found that warrants a Sewer Plan amendment. 2. No unique physical characteristic has been demonstrated that supports the Sewer Plan amendment. 3. The timing of the availability of sanitary sewer is properly the function of the Capital Improvements Program. Service to this parcel is not scheduled by the 1990 -1994 Capital Improvements Program. 4. The City Council considered a request by the petitioner during the review of the 1990 -1994 Capital Improvements Program; the petitioner may seek reconsideration during review of the 1991 -1995 program. APPROVING COMPREHENSIVE PLAN AMENDMENTS FOR LOWRY HILL CONSTRUCTION COMPANY 90056) WHEREAS, Lowry Hill Construction Company has requested approval of an amendment to the Sanitary Sewer Plan Element of the City's Comprehensive Plan for approximately 38 acres located east of Holly Lane and north of County Road 9; 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 is should and hereby does approve the amendment to the Sanitary Sewer Plan Element of the City's Comprehensive Plan for approximately 38 acres located east of Holly Lane and north of County Road 9, subject to the following conditions; 1. The amendment to the Sewer Element is to redirect flow from a portion of NW -17 to NW -18. 2. Amendment to the agreement between the City of Plymouth and the Metropolitan Waste Control Commission to permit access to the Metropolitan Waste Control Commission interceptor parallel to County Road 9. 3. Approval of the Residential Planned Unit Development Concept Plan and related exhibits. FURTHER, approval of the Comprehensive Plan amendment is contingent upon, and subject to the required review and response by the Metropolitan Council, and the Final Plat /Plan which shall be approved by the City Council prior to finalization of the amendment. le CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: July 18, 1990 FILE NO.: 90056 PETITIONER: Mr. Rick Sathre, Sathre - Bergquist Representing the Lowry Hill Development Company, 150 South Broadway, Wayzata, MN 55391 COMPREHENSIVE PLAN AMENDMENT: SANITARY SEWER ELEMENT LOCATION: North of County Road 9, west of Vicksburg Lane and east of Holly Lane in the north half of Section 17. Mr. Rick Sathre of Sathre- Bergquist representing the Lowry Hill Development Company, has submitted an application requesting an amendment to the sanitary sewer element of the City's Comprehensive Plan. The petition is requesting that the City amend the Comprehensive Sanitary Sewer Plan to redirect sanitary sewer from NW -17 to NW -18 and be permitted to connect to the MWCC Sanitary Sewer Line in County Road 9. Even though this property could be served by the MWCC sewer I recommend this request be denied for the following reasons: 1) This property is not located within the area proposed for development as determined by the City Council, in the five year C.I.P. The City will be adding approximately 1800 acres of developable land with the construction of the NW Trunk and NC Trunk in 1990/91. This will serve the City's needs in the near future. 2) It is doubtful that the Metropolitan Council would authorize an amendment to the Sanitary Sewer Comprehensive Plan redirecting flows to NW -18. The MWCC is already concerned about the capacity of this trunk sewer system having the capacity to handle sanitary sewer flows within the northwest district because of their necessity of using this sewer for the City of Medina until the Elm Creek Interceptor is constructed. 3) The MWCC Sanitary Sewer is temporary and will be abandoned in the future. If sanitary sewer is connected to their system, the City could become liable for continual maintenance. 4) The City Sanitary Sewer Trunk will have to be extended through this property to serve the property to the north. SUBMITTED BY: 1 U Z 1Z Ct'i Daniel L. Faulkner, P.E. City Engineer L 'IA%M Mffi ow. Illp 18i _k Cjz eo as S4/,9` z _ O W - V) s T72) C FRS P-P June 5, 1990 q00510 SATHRE - BERGQUIST, INC. 150 SOUTH BROADWAY 612) 476 -6000 WAYZATA, MN 55391 FAX 476 -0104 Mr. Charles E. Dillerud JUN '1 1990 Community Development Coordinator UTY OF pLytiJOUTHCITYOFPLYMOUTH 3400 Plymouth Blvd. COMMUNITY DEVELOPMENT D . Plymouth, Minnesota 55447 SUBJECT: Comprehensive Plan Amendment Lowery- Hill Development Co. Property Dear Mr. Dillerud: Enclosed herewith.please find the following: 1. An application form requesting a Comprehensive Plan Amendment 2. Conceptual Sketch (March 1, 1990 -A) 3. A check in the amount of $360.00 in payment of the City application fee for Comprehensive Plan Amendment. The basis for this request is the desire of the property owners, our clients, to obtain the rights necessary to final plat and develop their property for single family residential use. The legal description of their property is attached to the application form together with a location map. Our client, the Lowery Hill Development Co., consists of individuals. They bought the land in the late 1960's as an investment. Two of the 13 partners are well known to the City. The balance of them have stayed in the background. For your information, the individual partners are: Donald W. & Leona M. Wray, Wallace S. & Jean A. Wells, John W. & Gaylen M. Oden, Jules J. & Dorothy M. Krekelberg, George S. & Felicia Franco, Henry E. Bruns and Bernard & Maria Barr. The City's Comprehensive Plans, in review by the Metropolitan Council, bring our clients' land into the Urban Sewer Service area, together with much of western Plymouth. The City's 5 year Capital Improvements Program does not currently include the trunk sewer extension planned to serve all of sanitary sewer district TNW -17, in which our clients' property is situated. The sanitary sewer gravity system which exists across our clients' property along County Road No. 9, is of sufficient depth to provide service to our clients' property. The existing sewer is owned and maintained by the Metropolitan Waste Control Commission. The MCC staff has indicated that a connection to their facility would likely be permitted. Our request is that the City amend the Comprehensive Sanitary Sewer Plan to remove the subject property from Sewer district NW -17 and add it to Sewer district NW -18. NW -18 presently lies entirely south of County Road No. 9 directly south and across the road from the subject property. It is included in the 1990 Sanitary Sewer Trunk Extension area. We believe our request is reasonable and consistent with past City actions. No additional trunk sewer nor watermains are necessary to accommodate development. The Conceptual Plan dated March 1, 1990 -A indicates the potential alignment and elevations of a lateral sanitary sewer system to serve the property. The sewer routing presents an opportunity to serve this property from the existing MWCC interceptor /trunk sewer and to later switch the sewage flow to a future City trunk sewer if necessary, or desirable. Approval of this Comprehensive Plan Amendment presents benefits for the owners of the land (development potentials) and also for the City. Possible City benefits are: A. Increased tax base. B. The ability to levy trunk sewer and water assessments without current expenditures. Please schedule this request for review by the staff, Planning Commission and City Council. We would appreciate the opportunity to attend one or more staff meetings to assist in the timely review of this request. We also appreciate the assistance and advice you have already provided in defining the desired application and review procedures. Please contact me at your convenience if you need further data or clarification. Sincerely, SATHRE GQUIST, INC. V.mac Richard W. Sathre, P.E. RWS /dm cc: Lowery Hill Development Co. enclosures A Lli Ei Ld 7.1 L) co f7 U') 00 ft 10 uz C\j ' / ti it - Ik 4.;. -mom-No Mmwow L-L I I z