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
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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
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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.
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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
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June 5, 1990
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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.
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