HomeMy WebLinkAboutPlanning Commission Packet 09-07-19905A
1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: September 7, 1990
TO: Planning
CWAPITALL
bers
FROM: Charles E. mmunity Development Coordinator
SUBJECT: 1991 -1995 VEMENTS PROGRAM
A Public Hearing Notice has been published for the Planning Commission to
receive public comments on the 1991 -1995 Capital Improvements Program at a
hearing to be held September 12, 1990.
Public Works Director Fred Moore will be present at the Planning Commission
meeting of September 12 to review with the Commission the staff recommendation
with respect to capital projects to be undertaken during calendar years 1991-
1995.
Recommendations of the staff, together with the comments of the general public
from the Public Hearing, form the basis for a Planning Commission
recommendation to the City Council regarding the Capital Improvements Program
for this year.
The Commission may continue the hearing and /or consideration if further
information or deliberation is deemed necessary.
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1990 - 1994
Dro.Rt %q91- 1995
CAPITAL IMPROVEMENTS PROGRAM
STREETS
E z:s+ -3
MAP PROGRAM
N0. Prsesta, YEAR DESCRIPTION
1 1990 Medina Road - Brockton Lane to Co. Rd. 24
2 1990 Co. Rd. 6 - Fernbrook Lane to Co. Rd. 101
3 1991 1990 Co. Rd. 101 /14th Ave. - Traffic Signal
4 1990 Co. Rd. 9 /Annapolis Lane - Traffic Signal
5 1990 Co. Rd. 9 /Vinewood Lane - Traffic Signal
6 1990 West Medicine Lake Dr. - Co. Rd. 9 to Schmidt Lake Road
7 1990 Schmidt Lake Road - West Medicine Lake Dr. to Pineview Lane
8 1991 1990 Co. Rd. 9 /Nathan Lane - Intersections Improvement
1990 Street Resurfacing /Reconstruction
9 1912 1991 Medina Rd. - Co. Rd. 24 to Vicksburg Lane
10 19gZ 1991 Ferndale Road - Co. Rd. 6 to South City Limits
11 v 1991 Fernbrook Lane - 27th Ave. to 34th Ave.
12 1992 1991 Zachary Lane /South Shore Dr. - 10th Ave. to Sunset Trail
13 qq'Z 1991 Valley Forge Lane - 10th Ave. - Highway 55 Frontage Road
14 r 1991 26th Ave. - Kilmer Lane to Medicine Ridge Road
15 1991 Zachary Lane /E. Medicine Lake Blvd. - 36th Ave. to Medicine Ridge
Road
16 1991 Co. Rd. 10 - Nathan Lane to Sycamore Lane
17 1991 Northwest Blvd. - Co. Rd. 10 to Pineview Lane
1091 Street Resurfacing /Reconstruction
19C1I A ,n,Lpaus L*,-r- /340. Ave Fe wbre.K Lo c 4e :i *s A -c.
ISAI re'Iti`.L S :j.,.1 Lildd, a+,n2 C.•..Pvd O irf
18 1992 Co. Rd. 9 - Polaris Lane to I -494
19 r 1992 Xenium Lane - Co. Rd. 6 to Highway 55
20 1993 1992 Zachary Lane - 36th Ave. to Co. Rd. 10
21 1992 Northwest Blvd. - Schmidt Lake Road to 56th Ave.
22 1992 Schmidt Lake Road - West Medicine Lake Dr. to Orchid Lane
23 1992 Fernbrook Lane - Schmidt Lake Road to 47th Ave.
1992 Street Resurfacing /Reconstruction
24 19 q4 1993 Fernbrook Lane - Glacier Lane to Harbor Place Add.
25 W 1993 Dunkirk Lane - Highway 55 to Co. Rd. 9
26 1994 1993 Xenium Lane - 38th Ave. to Northwest Blvd.
r 1993 Street Resurfacing /Reconstruction
I
MAP PROGRAM
NO. _ fr,Nud YEAR
27 199 S 1994 6th Ave. /Goldenrod Lane - Pineview Lane to Highway 55
28 1994 Co. Rd. 101 /Co. Rd. 24 - Traffic signal /Intersection Improvements
29 " 1994 New Co. Rd. 9 - Co. Rd. 24 to Vicksburg Lane
4.00 1994 Street Resurfacing /Reconstruction
qqs Strut iz -,1' 1z C C0 13 try C t: 0 Y1
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Ex:st 1 %)
MAP PROGRAM
NO. pr.p.de d YEAR
1 1990
2 VO 1990
1991
1 ° q 3
I
1990 - 1994
pr,pt 1411- 1945
CAPITAL IMPROVEMENTS PROGRAM
SANITARY SEWER
DESCRIPTION
Northwest Trunk Sewer - Districts NW -169 NW -189 NW -20,
NW -21, NW -22 and NW -23
North Central Trunk Sewer - District NC -8, NC -9 and NC -11
North —4* Tr &.%V. Se&uep WW .11
h1"t1. west- TrVwIr. Sewep - D:dtr:ct N w -1 9
1990 - 1994
Dr -V * 1991 - 19i5
CAPITAL IMPROVEMENTS PROGRAM
WATER
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MAP
N0.
PROGRAM
p .ePtuA- YEAR
DESCRIPTION
1 1990 Medina Rd. - Co. Rd. 101 to Vicksburg Lane
2 1990 Co. Rd. 101 - 3 M.G. Tower to Co. Rd. 9
3
4
5
1990
1990
1990
Co. Rd. 9 - Peony Lane to Vicksburg Lane
Vicksburg Lane - Amhurst Add. to Schmidt Lake Road
Schmidt Lake Road - Vicksburg Lane to Fernbrook Lane
6
7
g
1990
1990
1990
Fernbrook Lane - Schmidt Lake Road to 47th Ave.
West Medicine Lake Dr. - 45th Ave. to Schmidt Lake Rd.
Schmidt Lake Road - West Medicine Lake Dr. to Pineview Lane
9 1990 Well No. 13 - Central Well Field
10i
1991
1911
Co. Rd. 10 - Nathan Lane to Zachary Lane
AhnnP•l;s Lw-t-
344% Avt. }0 304 Ave.
11
12
13
1992
1992
1992
I -494 - 21st Ave. to Luce Line Trail
Schmidt Lake Road - Fernbrook Lane to West Medicine Lake Dr.
Northwest Blvd. - Schmidt Lake Road to 56th Ave.
14
15
q9S 1992
1992
I q 9 Z
1993
Well No. 14 - Zachary Well Field
v.cr<sb. 1..
Nslly L&-4. 14 1.—.at L.kt R• — Co. F #• 9 J
3 .w..,. E -re-ti wt 4.11Yar1*- $:{L.
Fernbrook Lane - 10th Ave. to Harbor Place Add.
16 r 1993 Dunkirk Lane - Medina Road to Co. Rd. 9
17 1994 6th Ave. - Pineview Lane to Forestview Lane
lg 1994 Well No. 15 - Central Well Field
1996 E3(P&, -.4 Ce•t .1 Tr-...4w....+ Pl.- t- frost 130.,. 3.4. d ZS Yft.'.i.
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1990 - 1994
Ur -fi, 1491- ItiS
CAPITAL IMPROVEMENTS PROGRAM
S
I
E za i'" J
DRAINAGE
MAP PROGRAM
NO, 'Prof; -sed YEAR j)f RCRIPTION
1 1990 POND BC —P1
1991 Pond and Drainage Improvements
1992 Pond and Drainage Improvements
1993 Pond and Drainage Improvements
1994 Pond and Drainage Improvements
11 Als QO ^a 0.ftJ
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I
i' 1990 - 1994
r ft 1991- 1996
CAPITAL IMPROVEMENTS PROGRAM
l q l 1 P1-Y P:t1e1 L.-,A Acq,,;s;t ;onae
t 5 Cis Tea•,16
PARKS
MAP PROGRAM
N0. prcf6ye YEAR DESCRIPTION
1 1990 Swan Lake Neighborhood Park Acquisition /Development
2 1990 Bass Lake Playfield /Neighborhood Park
3 1990 Ridgemount Playfield
4 1990 Trail - 46th Avenue from Zachary to Nathan Lane
5 1990 Trail - West Medicine Lake from 18th Ave. to RR
6 1991 Northeast Neighborhood Park Acquisition /Development
7 1991 Plymouth Creek Park Tennis Courts (4)
8 1991 Shiloh Neighborhood Park Playground
1991 Trail
19'11 2.c vY 4dK fr K:, 1_ef FXPOwl:sw
Iggl i tw,e.. A r t.ld Ir:t1. RePi et. jSrta. : F4ie.d... we? 1''0. St.f.,f Pets
9 1995 1992 Vicksburg & 22nd Avenue Neighborhood Park
10 1992 County Road 9 & Fernbrook Neighborhood Park
11 19 ql 1992 Parkers Lake Playfield
12 Oelt *t- 1992 Phase II Playfield - Bass Lake
13 1992 West Medicine Lake Park Phase I
14 1992 Timber Shores Parking Lot
15 1992 Trail - Zachary Lane from Old 9 to Co. Rd. 10
16 1993 Mud Lake Neighborhood Park
17 Oder- 1993 Phase II Playfield - Parkers Lake
18 1993 West Medicine Lake Park Phase II
19 1q ei 1 1993 Gleanloch Playground Replacement
1993 Trail
1493 Q;a,tr+...t p1aYi e1 1 S &tl te, tio:ld:n,
20 1994 County Road 101 & 24 - Neighborhood Park
21 ot tit 1994 Parkers Lake Group Picnic Grounds
1994 Trail
Iglq pI*j *u. coctr Pe. .-K Pe.j orcipgj
l q l 1 P1-Y P:t1e1 L.-,A Acq,,;s;t ;onae
t 5 Cis Tea•,16
1990 - 1994
Dr. Ft 1141 - 19 tS
CAPITAL IMPROVEMENTS PROGRAM
E X;St;n,
MAP PROGRAM
NO. frolDrSe. YEAR
1, 1990
1991
1991
BUILDINGS
DESCRIPTION
Maintenance Facilities Expansion
Public Safety Building
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Sept. 6, 1990 COMMISSION MEETING DATE: Sept. 12, 1990
FILE NO.: 90041
PETITIONER: Markham Sporting Goods
REQUEST: Rezoning, Conditional Use Permit, and Variance for Markham
Sporting Goods
LOCATION: North of Highway 55 and West of Peony Lane (18110 Highway
55)
GUIDE PLAN CLASS: CS (Service Business)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
Community Development files reveal no specific applications or City actions
regarding this parcel until the recent Zoning Ordinance violation case.
On June 16, 1989, the City informed Mr. Markham that the expansion of his
business to include U -Haul rentals was in violation of the Plymouth Zoning
Ordinance. Specifically, the addition of the U -Haul business was an expansion
of a nonconforming use in the FRD Zoning District. Since that date, staff
including the City Attorney) has been working with Mr. Markham in an effort
to provide a due process finding by the City of Plymouth as to whether the use
Mr. Markham has added to his facility will be allowed.
Notice of the Public Hearing for the requested rezoning 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. Mr. Markham made application for a rezoning, Conditional Use Permit, and
variance on April 28, 1990, consistent with, but 10 days beyond the time
limit for application, provided for in the letter of the City Attorney
dated April 5, 1990, concerning the Zoning Ordinance violation. Since
that date, City staff has communicated repeatedly with Mr. Markham
concerning narrative and graphic details that are necessary to accompany
an application of this type. Since this is a violation - related
application , staff determined, on August 10, 1990, that this matter
Page Two
File 90041
should be expedited through the process regardless of the application
graphics and narrative that have been submitted to date.
2. The enlargement of the nonconforming use at Markham Sporting Goods prior
to the availability of municipal utilities would constitute "development"
within the meeting of City Council Resolution 75 -664. This resolution, a
copy of which is attached, specifically prohibits development in areas of
the City not having municipal water and sewer service available. The
policy resolution does provide that a variance may be granted where it can
be demonstrated by the petitioner that a diversion from the policy will
not cause an unreasonable burden upon the City of Plymouth.
3. The site upon which Markham Sporting Goods is located is a lot of
approximately 1/2 acre that was created as a part of the Osier Addition
many years ago. There have been changes in policy regarding this area of
the City over the many years that have transpired since the platting and
zoning regulations have been in effect. Even though the area was
previously platted for single family homes, it was, for a period of time
in the 1960s decade, zoned for Highway Commercial purposes (B -4). The
original Markham Sporting Goods was likely created responsive to this
zoning of an earlier period.
4. The applicant re uests rezoning from FRD (Future Restricted Development)
District to B -3 Service Business) District. If a variance is granted to
the Urban Development Policy, the rezoning proposed is consistent with the
CS land use classification of the site.
5. The rental of vehicles (such as trailers and trucks) is an allowed use in
the B -3 Zoning District, but as any business activity not conducted in an
enclosed yard or building requires a Conditional Use Permit. Should the
variance to the Urban Development Policy be approved, and should the
rezoning from FRD to B -3 be approved, a Conditional Use Permit is
requested to permit the rental activity to continue without being within
an enclosed yard or building.
The applicant has submitted a handwritten description of his proposed use
dated August 15,.1990, which has been attached to this staff report.
6. As required, the petitioner has submitted a combination survey of existing
conditions and Site Plan depicting the proposed arrangement of the subject
site. The site, as it exists, does not maintain parking and drive area
setbacks prescribed by the Zoning Ordinance. We also find that the
proposed bituminous area" extends beyond the property line into adjoining
Lot 7, even though the petitioner in his August 15, 1990, narrative states
that Lot 7 will not be used.
Since no principal structure is currently located on Lot 7, the terms of
the Zoning Ordinance would prohibit the use of that separate lot for
accessory purposes to the principal use that is on Lot 8. It appears from
field observation that the current Zoning Ordinance violation includes the
parking of U -Haul trailers on Lot 7.
Page Three
File 90041
7. The proposed site design specifies "trailer storage" within a chain - linked
fenced area immediately west of the existing structure, and within the
side setback area. The Zoning Ordinance specifies that side setback for
parking in the B -3 Zoning District shall be 20 feet minimum, and a setback
of parking from the principal structure shall be 10 feet. Trailer storage
within this 16 -foot wide side yard area would be in violation of the
Zoning Ordinance setback standards for both the west side yard and the
structure.
8. The proposed site design provides for "truck storage" behind a "wood
fence" along the east side of the existing principal structure. A portion
of this proposed truck storage area would be located within the 20 -foot
side yard setback to the east, and, a portion of this proposed truck
storage area would be located in the 10 -foot structure setback required by
the Zoning Ordinance.
9. The applicant proposes to "formalize" off - street parking for the sporting
goods store to provide 16 spaces to the south and east of the existing
structure. While the 16 spaces proposed would meet the off - street parking
formula of 10 spaces per 1,000 square feet of floor area for freestanding
commercial buildings, 13 of those proposed spaces are located in the 50-
foot front yard parking setback to State Highway 55 specified by the
Zoning Ordinance.
10. The existing 64- square foot freestanding sign located in the southeast
corner of the site does not meet the 20 -foot minimum setback provisions of
the Zoning Ordinance, and is not proposed to be relocated to meet those
standards.
PLANNING STAFF CObMENTS:
1. We find that a variance from the Policy Resolution 75 -664 regulating urban
development would result in an unreasonable burden on the City of Plymouth
in terms of providing services and utilities to this and other sites upon
which such waivers could be granted in an area of the City not served by
municipal utilities. The nonconforming use of this site may continue
without the benefit of a variance to the Urban Development Policy, and
thereby the owner of the parcel has reasonable use of the property without
such a variance being granted.
2. Based on our finding that a variance to the Urban Development Policy is
not appropriate, we find the application to rezone the property from FRD
to B -3 to be inconsistent with City of Plymouth policy regarding the
timing of urban development, as reflected in City Council Policy
Resolution 75 -664.
3. We find the application for a Conditional Use Permit inappropriate without
the benefit of the B -3 Zoning noted above. Should it be found that the
variance to the Urban Development Policy and the rezoning from FRO to B -3
Page Four
File 90041
are appropriate, we find the site is not conducive to expansion to allow
an equipment rental business due to the site constraints provided to the
storage of such equipment.
We do not find the site configuration to be suitable and large enough for
construction of even the required off - street parking,for the existing
sporting goods store. To expand the use of the site to include the
outdoor storage of rented equipment, will only compound the existing
problem with the site complying with Zoning Ordinance setback
requirements.
RECOMMENDATIONS AND CONCLUSIONS:
I hereby recommend denial of the application for a variance to the Urban
Development Policy to permit additional development of this site within the
FRD Zoning District. I further recommend that based on the denial of the
variance to the Urban Development Policy, the application for rezoning of this
site from FRD to B -3 be also denied. Finally, I recommend that the
application for a Conditional Use Permit to allow the storage of rental
equipment outside of a building for complete enclosure be denied.
The requested actions are not the only remedy of the ongoing zoning
violations. The process is significant so it can be determined whether the
activities are appropriate, all things considered. The corrective action to
the violations could be cessation of the activities. This petition should not
be viewed as a shift of administrative - enforcement responsibilities to the
Commission and Cou
Submitted by:
s E. Diller3d,` Wmmunity Development Coordinator
ATTACHMENTS:
1. Resolution Denying Variance from City Council Policy Resolution 75 -664
2. Resolution Approving Variance from City Council Policy Resolution 75 -664
3. Resolution Approving Rezoning from FRD to B -3
4. Resolution Approving Conditional Use Permit
5. Correspondence
6. City Council Resolution 75 -664
7. Location Map
8. Large Plans
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DENYING VARIANCE FROM CITY COUNCIL POLICY RESOLUTION 75 -664 FOR MARKHAM
SPORTING GOODS (90041)
WHEREAS, Markham Sporting Goods has requested approval for a variance to City
Council Policy Resolution 75 -664 to permit additional development within the
FRD Zoning District for property located north of Highway 55 and west of Peony
Lane (18110 Highway 55); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended 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
Markham Sporting Goods for a variance to City Council Policy Resolution 75 -664
to permit additional development within the FRD Zoning District for property
located north of Highway 55 and west of Peony Lane (18110 Highway -55), based
on the following findings:
1. City water and sanitary sewer is not currently available to this property.
2. The petitioner has not demonstrated that a diversion from the provisions
of Resolution 75 -664 will not cause an unreasonable burden upon the City
of Plymouth in providing services and utilities.
APPROVING VARIANCE FROM CITY COUNCIL POLICY RESOLUTION 75 -664 FOR MARKHAM
SPORTING GOODS (90041)
WHEREAS, Markham Sporting Goods has requested approval for a variance to City
Council Policy Resolution 75 -664 to permit additional development within the
FRD Zoning District for property located north of Highway 55 and west of Peony
Lane (18110 Highway 55); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED
PLYMOUTH, MINNESOTA, that it should and
Markham Sporting Goods for a variance to
to permit additional development within
located north of Highway 55 and west of
on the following findings:
3Y THE CITY COUNCIL OF THE CITY OF
hereby does approve the request by
City Council Policy Resolution 75 -664
the FRD Zoning District for property
Peony Lane (18110 Highway 55), based
1. The petitioner has demonstrated that a diversion from the provisions of
Resolution 75 -664 will not cause an unreasonable burden upon the City of
Plymouth in providing services and utilities.
APPROVING REZONING FROM FRD (FUTURE RESTRICTED DEVELOPMENT) DISTRICT TO B -3
SERVICE BUSINESS) DISTRICT FOR MARKHAM SPORTING GOODS (90041)
WHEREAS, Markham Sporting Goods has requested approval for a rezoning from FRD
Future Restricted Development) District to B -3 (Service Business) District
for property located north of Highway 55 and west of Peony Lane (18110 Highway
55); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request b
Markham Sporting Goods for a rezoning from FRD (Future Restricted Development
District to B -3 (Service Business) District for roperty located north of
Highway 55 and west of Peony Lane (18110 Highway 55.
APPROVING CONDITIONAL USE PERMIT FOR MARKHAM SPORTING GOODS (90041)
WHEREAS, Markham Sporting Goods has requested approval for a Conditional Use
Permit to undertake business activity not conducted in an enclosed yard or a
building for pro erty located north of Highway 55 and west of Peony Lane
18110 Highway 55; 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
Markham Sporting Goods for a Conditional Use Permit to undertake business
activity not conducted in an enclosed yard or a building for property located
north of Highway 55 and west of Peony Lane (18110 Highway 55), 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 Markham Sporting Goods and shall not be
transferable.
3. The site shall be maintained in a sanitary manner.
4. All waste and waste containers shall be stored within approved designated
areas.
5. No signage is allowed relative to the use.
6. The permit shall be reviewed annually to assure compliance with the
conditions.
7. All parking shall be off - street in designated areas which comply with the
Zoning Ordinance.
I Di
IJO 15 i
AUG I 1990
CITY Q (MOUTH
M)MMHNlWDEVFiOPMENT DEPT.
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MARKHAM SPORTS
18110 HINY.55
PLYMOUTH, MN 55446
612) 478-6721
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POLICY ON REGULATING URBAN DEVELOPMENT
Resolution No. 75 -664
November 17, 1975 (Supersedes Res. No. 73 -37, January 22, 1974)
The use of private water and sanitary sewer disposal systems as are practiced
today for developments is a menace to the public health, safety and welfare of
citizens of the City of Plymouth and the metropolitan area and threatens to cause
irreparable harm to, and pollution of, existing natural resources.
Skipping over undeveloped land to permit developments places an unreasonable
burden upon the landowners, residents and taxpayers of the City of Plymouth in
that such developments cause undue financial burdens upon the City for policing,
providing streets, utility extension and maintenance, fire protection, and other
public services.
Developments located outside of areas serviced by or adjacent to the City water
and sanitary sewer system disrupts orderly planning for future developments as
well as causes undue scheduling, engineering and fiscal problems for the City in
expanding services and extending utilities.
Developments without public water and sanitary sewer systems represent a future
financial burden for the future residents of Plymouth who must initially pay for
private water and sanitary sewer systems, only to have them ultimately replaced
by public utility systems.
Because of the foregoing, the following policy regulating urban development is
established:
1. No land in the City of Plymouth shall be platted or replatted unless
City water and sanitary sewer shall be available to such property;
2. No development will be permitted in areas not having City water and
sanitary sewer available;
3. If it can be demonstrated by the petitioner that divergence from the
points above will not cause an unreasonable burden upon the City of
Plymouth in providing services and utilities or cause a deleterious
impact upon the natural environment, then the City may consider
granting a variance to this policy in reviewing a proposed develop-
ment.
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Sept. 7, 1990 COMMISSION MEETING DATE: Sept. 12, 1990
FILE NO.: 90077
PETITIONER: Richard Deziel
REQUEST: Rezoning and Final Plat for the "Oxbow Ridge 2nd Addition"
LOCATION: South of the South Terminus of 46th Avenue North West of
Vicksburg Lane
GUIDE PLAN CLASS: LA -1 (Low Density Single Family Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
On August 3, 1981 the City Council, by Resolution 81 -468, approved the
Preliminary Plat for "Oxbow Ridge" consisting of 40.3 acres of single family
detached building lots designed to meet R -1B zoning standards.
On April 5, 1982 the City Council, by Resolution 82 -162, approved a Final Plat
for "Oxbow Ridge" for 26 single family building lots on the southeasterly 14
acres of the "Oxbow Ridge" Preliminary Plat previously approved. This 14 acre
segment of the original plat was the maximum amount of the plat serviceable by
municipal utilities at that time.
This application is for a rezoning from FRD to R -1B and a Final Plat to create
three additional lots of the original Oxbow Ridge plat along the extension of
46th Avenue North, to the original south plat boundary.
Notice of the Public Hearing regarding the rezoning action has been published
in the Official City Newspaper and notice has been mailed to all property
owners within 500 feet. A development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. A Preliminary Plat has recently been approved for the "Arne Addition"
located immediately south of the subject site. A Final Plat for the "Arne
Addition" now referred to as "Fawn Creek" has been filed. Review of this
Final Plat is proceeding with the Development Review Committee and the
plat will proceed to the City Council concurrent with this plat. The
development of the Fawn Creek plat to the south will provide sanitary
sewer and water utilities of a sufficient depth to provide service to the
three lots that are now proposed to be created as the "Oxbow Ridge 2nd
Addition" by this application.
Page Two
File 90077
2. The R -1B zoning classification proposed is consistent with the intent and
design for this area at the time the Preliminary Plat and the original
Final Plat were approved. The zoning of the first addition is currently
R -1B. The land use guiding of Oxbow Ridge is now, and has been, LA -1,
while the guiding of the area immediately to the south is LA -2. The use
of R -1B zoning is appropriate as a transitional device in this
circumstance, and lot sizing proposed by this plat is consistent with
existing lot sizing in "Oxbow Ridge" to the north, and proposed "Fawn
Creek" to the south.
3. The proposed Final Plat for Oxbow Ridge 2nd Addition meets the standards
of the Subdivision Ordinance and Zoning Ordinance for Final Plats in the
R -1B Zoning District.
PLANNING STAFF COMMENTS:
1. We find the proposed rezoning from FRD to R -1B consistent with the Land
Use Guide Plan Element of the Comprehensive Plan, the approved Preliminary
Plat and General Development Plan for "Oxbow Ridge" and the standards of
the Plymouth Zoning Ordinance with respect to the location of R -1B zoning
classifications.
2. We find the proposed Final Plat to be consistent with the standards found
in the Subdivision and Zoning Ordinances and the approved Preliminary
Plat. We note that the lot depth for Lots 1 and 2, Block 2, is consistent
with the existing lots along 46th Avenue rather than the full depth of
Outlot A as the Preliminary Plat had indicated. We find that the platting
of the "odd corner" of the plat can easily be adjusted during subsequent
phases to accommodate this remainder into lots platted to the north.
RECOMMENDATION:
I hereby recommend adoption
Plat for the Oxbow Ridge 2nd
prior to recording. I also
rezoning the Oxbow;Wge 2nd
Submitted by:
ATTACHMENTS:
1.
2.
3.
4.
S.
6.
7•
8•
es t.
of the attached resolution approving the Final
Addition and the resolution setting conditions
recommend adoption of the attached ordinance
AdditionL-from FRD to &-4B.
Resolution Approving Final Plat and
Resolution Setting Conditions Prior
Ordinance to Rezone from FRD to R -1B
Resolution Setting Conditions Prior
Location Map
Approved Preliminary Plat
Resolution 81 -468
Large Plans
ty nator
Development Contract
to Recording of the Final Plat
to Zoning Ordinance Publication
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR RICHARD DEZIEL FOR "OXBOW
RIDGE 2ND ADDITION" (90077)
WHEREAS, Richard Deziel has requested approval of a Final Plat for "Oxbow
Ridge 2nd Addition" located south of the south terminus of 46th Avenue North
west of Vicksburg Lane; and,
WHEREAS, the City staff has prepared a Development Contract covering the
improvements related to said plat;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and
Development Contract for Richard Deziel for "Oxbow Ridge 2nd Addition" located
south of the south terminus of 46th Avenue North west of Vicksburg Lane; and,
FURTHER, that the Development Contract for said plat be approved, and that the
Mayor and City Manager be authorized to execute the Development Contract on
behalf of the City.
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
RICHARD DEZIEL FOR "OXBOW RIDGE 2ND ADDITION" (90077)
WHEREAS, the City Council has approved the Final Plat and Development Contract
for Richard Deziel for "Oxbow Ridge 2nd Addition" located south of the south
terminus of 46th Avenue North west of Vicksburg 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 to
be met, prior to recording of, and related to said plat:
1. Compliance with the City Engineer's Memorandum.
2. The Ordinance rezoning the property shall be published upon evidence that
the Final Plat has been filed and recorded with Hennepin County.
3. Payment of park dedication fees -in -lieu of dedication in accordance with
City Policy in effect at the time of recording of the Final Plat.
4. No building permits shall be issued until a contract has been awarded for
the construction of municipal sewer and water.
5. Removal of all dead or dying trees from the property at the owner's
expense.
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 yard setback variances are granted or implied.
8. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
9. No building permits to be issued until the Final Plat is filed and
recorded with Hennepin County.
10. The Development Contract, as approved by the City Council, shall be fully
executed prior to release of the Final Plat.
1
CITY OF PLYMOUTH
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED
SOUTH OF THE SOUTH TERMINUS OF 46TH AVENUE NORTH WEST OF VICKSBURG LANE AS R-
1B (LOW DENSITY RESIDENTIAL)
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 R -1B (Low 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. 90077.
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 90077
pc /cd /90077:jw)
day of .
Mayor
SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND
FOR RICHARD DEZIEL FOR "OXBOW RIDGE 2ND ADDITION" (90077)
WHEREAS, the City Council has approved an Ordinance rezoning certain land
located south of the south terminus of 46th Avenue North west of Vicksburg
Lane from FRD (Future Restricted Development) District to R -1B (Low Density
Residential) District in conjunction with approval of the Preliminary Plat for
Oxbow Ridge;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat for
Richard Deziel for "Oxbow Ridge 2nd Addition" located south of the south
terminus of 46th Avenue North west of Vicksburg Lane to be filed with Hennepin
County prior to the publication of said Ordinance.
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CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a '- regular Meeting of the City
Council of the City of Plymouth, Minnesota. was e n onLFe 3rd day of
August * 19 81 . The following members were present:Myor Davenport,
uncilmembers Hott and Schneider
The oliowing s were a sent: ouncf mer ers evils -an _ reina ;
introduced the following Resolution and moved
Itsadoption:
RESOLUTION NO. 81- 468
APPROVING PRELIMINARY PLAT AND REGARDING REZONING REQUEST FOR RICHARD DEZIEL
FOR "OXBOW RIDGE" WEST OF VICKSBURG LANE AT 46TH AVENUE NORTH (81035)
WHEREAS, Richard Deziel has requested approval of a Preliminary Plat for a
40.3 acre site consisting of single family lots and an outlot west of Vicksburg
Lane at 46th Avenue North, rezoning from FRD to R -14 for the approximate 14 acres
in the southeast portion of the site which can be serviced by public utilities;
and,
WHEREAS, the Planning Commission has reviewed the request at a duly called Public
Hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL. OF THE CITY OF PLYW)UTH,
MINNESOTA, that it should and hereby does approve the rea;jest of Richard Deziel
for a Preliminary Plat for "Oxbow Ridge" consisting of single family dwelling lots
and an outlot wEst of Vicksburg Lane at 46th Avenue North subject to the following
conditions:
Compliance with the Engineer's Memorandum; regarding ittcm
number 12, the Final Plat shall be redesigned and a revised
General Development Plan shall be submitted with the Find,
Plat.
2. Removal of all dead or dying trees from the property at the
owner's expense.
3. No building permit shall be issues until municipal sewer and
water are physically available to the site.
4. The rezoning shall be iinalized with the filing of the Fii.al
Plat; Outlot A shall be rezoned upon final platting when
municipal services are available.
5. Payment of park dedication fees -in -lieu of dedication in
accordance with Dedication Policy in effect at the time
of filing of the Final Plat.
6. Street names and numbers shall comply with the City's street
naming system.
7. No building permit shill be issued until the final plat is
filed and recorded with Hennepin County.
1 t
Resolution No. 81 -468
Page
8. The density for Outlot A shall not exceed two units
per acre.
9. No private drive access shall be permitted onto
VicksLurg Lane.
10. Private drive access for corner lots abutting cul -de-
sac streets shall be onto the cul -de -sac street.
11. The final plat application shall diagram the entire
underground cable easement anj veri`y that dwelling
units may be constructed on those lots that the cable
traverses.
12. The final plat application Oall address the existing
drainage -way with respect to the impact of and upon the
development.
13. No setback variances are implied or granted.
The motion for the adoption of the foregoing Resolution was duly seconded
by Councilmenber Schneider . and upon vote being taken thereon, the
fo Mowing voted in favor thereFFthere Mayor DavenoQrt, i _ C m
an Schngid
The fo ow ng voted aga nst or abstained: non
Whereupon the Resolution was declared duly passe and a opts .
rrt
5D
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Sept. 6, 1990 COMMISSION MEETING DATE: Sept. 12, 1990
FILE NO.: 90079
PETITIONER: Super Valu Stores, Inc.
REQUEST: Amended Mixed Planned Unit Development Plan for "Cub Foods"
in the Plymouth Hills Addition
LOCATION: Southeast Corner of 36th Avenue North and Vicksburg Lane
GUIDE PLAN CLASS: CC (Community Shopping Center)
ZONING: MPUD 78 -2
BACKGROUND:
The City Council, at its meeting July 16, 1990, adopted Resolution 90 -433
approving an MPUD Final Site Plan to construct a 67,600 square foot first
phase of a "shopping mall" to be known as "Cub Foods ".
The approved Site Plan by prior PUD Plan approval or Ordinance provision
contains features with respect to signage, sidewalk location, and screening of
trash compactors that the applicant desires to modify -- requiring a new PUD
Plan hearing. In addition, the petitioner has requested an amendment to the
Site Plan to defer construction of off - street parking over and above that
required by Zoning Ordinance formula for a building of this size and use.
Notice of this Public Hearing has been published in the official City
newspaper and mailed to all adjoining property owners within 500 feet. A
development sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant proposes to construct the wall sign on the west exposure of
the structure to a "company standard" design for "Cub Foods." The
standard design provides for the wall sign to extend approximately 9, feet
vertically above the level of the structure roof. By definition, a sign
such as this constitutes a "roof sign" by the Plymouth Zoning Ordinance.
Those signs are specifically prohibited, and the petitioner is hereby
requesting approval within the terms of the Zoning Ordinance Planned Unit
Development flexibility.
see next page)
File 90079
Page Two
The petitioner has also proposed wall signage to the north and south
exposures of the structure, but has agreed to reduce the size of that wall
signage to bring the sign below the roof line.
2. Condition 6 of Resolution 90 -433 approving the MPUD Final Site Plan
provides that all exterior waste facilities shall be enclosed consistent
with Zoning Ordinance specifications. The applicant, in a letter dated
August 10, 1990, contends that a trash compactor such as proposed at two
locations is not contemplated by the Zoning Ordinance provision for the
screening of outside trash facilities. They also contend that the area is
naturally screened.
The applicant proposes an amendment to the PUD Plan to permit two trash
compactors as described in their letter of August 10, 1990.
3. The approved PUD Plan for "Downtown Plymouth" (the commercial area of
Plymouth Hills) specifies concrete sidewalk to be installed along
Vicksburg Lane; along 36th Avenue North; along Plymouth Boulevard; along
35th Avenue North from Plymouth Boulevard to the cul -de -sac; and, along
the property line east to west from the end of 35th Avenue North to
Vicksburg Lane.
The applicant contends that the sidewalk along Plymouth Boulevard is
premature, and therefore relief is requested from construction of that
sidewalk at this time.
Further, the applicant contends the sidewalk along 35th Avenue North and
extended to Vicksburg Lane is not necessary.
An amendment to the PUD Plan is therefore requested to delete the sidewalk
along 35th Avenue North and to defer construction of the sidewalk along
Plymouth Boulevard.
4. The applicant proposes an amendment to the Site Plan to substitute a
proof of parking" plan for the actual construction of 179 off - street
parking spaces. .The 67,600 square foot portion of the shopping center to
be constructed at the present time ( "Cub Foods ") will require 406 off -
street parking spaces, and 586 off - street parking spaces will remain to be
constructed after deferral of the 179 spaces as requested.
PLANNING STAFF COMMENTS:
1. We find the PUD Plan amendment to permit a wall sign to extend above the
roof line level on the west exposure (only) to be consistent with the
purposes and intent of the Planned Unit Development Ordinance and the
Plymouth Zoning Ordinance. The sign design is an integral part of the
building design, and we find that the sign design does not aesthetically
detract from the overall building design or the site.
see next page)
File 90079
Page Three
2. We find the application to delete the screening to two trash compactors
located on the east side of the proposed structure to be consistent with
the intent of the Zoning Ordinance and prior design for similar
structures. The sealed trash compactor should preclude blowing garbage,
and the topographic features of the site east of the proposed compactor
location will minimize or eliminate the public view of the compactor
facilities. A condition similar to that with the previous approvals of
this design feature should be included.
3. We find the application for substituting a "proof of parking" plan for the
construction of 179 off - street parking spaces of the 765 total parking
spaces shown on their approved Site Plan to be appropriate and consistent
with the purpose and intent of the Zoning Ordinance. We find that the
parking spaces that will be constructed to be in excess of the Zoning
Ordinance required standard for the site as it is to be initially
constructed.
4. We find no basis to amend the sidewalk plan for "Downtown Plymouth"
Plymouth Hills) at this location to remove sidewalks specified by the
overall PUD Plan. We find no change in conditions nor circumstances
unique to this site that would suggest a need to modified a previously
approved plan.
The pedestrian network for the area is critical and deletion of segments
will create gaps potentially forcing use of the streets and /or private
land not designed for access. This is the initial and major commercial
development of the long pending "downtown" area, and the basic pedestrian
access system should be implemented.
With respect to the applicant's arguments in regard to the timing, we find
that the construction of sidewalks on 36th Avenue North, Plymouth
Boulevard, 35th Avenue North to Vicksburg Lane, and Vicksburg Lane would
create a conV*Yt.46us pedestriary4,00p, and thtr, should be completed.
Submitted by:
s E. Diller; Community Development Coo
RECOMMENDATIONS AND CONCLUSIONS:
nator
I hereby recommend adoption of the attached resolution providing for the
approval of amendments to the MPUD Plan for Plymouth Hills to permit signage
modifications and elimination of trash compactor screening for the "Cub Foods"
site; the attached resolution providing for a "proof of parking" plan to defer
construction of 179 off - street parking spaces for the "Cub Foods" site;
adoption of the attached resolution denying the PUD Plan amendment to defer
construction of sidewalk along Plymouth Boulevard and eliminate construction
of sidewalk along 35th Avenue North to Vicksburg Lane.
ATTACHMENTS:
1. Resolution Approving MPUD Plan Amendments
2. Resolution Denying MPUD Plan Amendment
3. Resolution Approving "Proof of Parking" Plan
4. Petitioner's Communication of August 10, 1990
5. Resolution 90 -433
6. Large Plans
APPROVING MIXED PLANNED UNIT DEVELOPMENT PLAN AMENDMENTS FOR SUPER VALU
STORES, INC. FOR "CUB FOODS" (90079) (MPUD 78 -2)
WHEREAS, Super Valu Stores, Inc. has requested approval of Mixed Planned Unit
Development Plan amendments to permit signage modifications and elimination of
trash compactor screening for the "Cub Foods" site located at the southeast
corner of 36th Avenue North and Vicksburg Lane; and,
WHEREAS, the City Council, by Resolution 77 -139, approved a General
Development Plan for "Plymouth Hills" Mixed Planned Unit Development; and,
WHEREAS, the City Council, by Resolution 90 -433, approved an MPUD Final Site
Plan for Super Valu Stores, Inc. for "Cub Foods "; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Super Valu Stores, Inc. for Mixed Planned Unit Development Plan amendments to
permit signage modifications and elimination of trash compactor screening for
the "Cub Foods" site located at the southeast corner of 36th Avenue North and
Vicksburg Lane, subject to the following conditions:
1. The sign amendment approved is to permit a wall sign on the west wall of
the "Cub Foods" structure that will extend 9 feet above the roof line at
its highest point. All other signage shall comply with Zoning Ordinance
standards.
2. Compliance with all applicable conditions of Resolution 77 -139 (General
Development Plan) and Resolution 90 -433 (MPUD Final Site Plan).
3. Two waste compactor containers may be located at the east wall without an
enclosure structure, subject to the continued cleanliness of this area of
the site with respect to refuse and trash, based on the topographic
screening of this area of the site. The MPUD Conditional Use Permit
conditions for "Plymouth Hills" shall be amended to include this condition
relative to this site. Should a verified compliant be received, the
matter shall be reviewed immediately thereafter by the City Council to
determine compliance with the intent of the Ordinance standard.
0
DENYING MIXED PLANNED UNIT DEVELOPMENT PLAN AMENDMENT FOR SUPER VALU STORES,
INC. FOR "CUB FOODS" (90079) (MPUD 78 -2)
WHEREAS, Super Valu Stores, Inc. has requested approval of a Mixed Planned
Unit Development Plan amendment to defer construction of the sidewalk along
Plymouth Boulevard and eliminate construction of the sidewalk along 35th
Avenue North to Vicksburg Lane for the "Cub Foods" site located at the
southeast corner of 36th Avenue North and Vicksburg Lane; and,
WHEREAS, the City Council approved plans for "Plymouth Hills" Mixed Planned
Unit Development including a sidewalk system for the commercial areas; and,
WHEREAS, the City Council, by Resolution 90 -433, approved an MPUD Final Site
Plan for Super Valu Stores, Inc. for "Cub Foods "; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended 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 Super
Valu Stores, Inc. for a Mixed Planned Unit Development Plan amendment to defer
construction of the sidewalk along Plymouth Boulevard and eliminate
construction of the sidewalk along 35th Avenue North to Vicksburg Lane for the
Cub Foods" site located at the southeast corner of 36th Avenue North and
Vicksburg Lane, based on the following findings:
1. Pedestrian circulation within the "Plymouth Hills" MPUD will be adversely
impacted by the amendment.
2. No change of conditions has been demonstrated to form a basis to amend the
Plymouth Hills" MPUD Plan with regard to sidewalk construction.
APPROVING "PROOF OF PARKING" PLAN FOR SUPER VALU STORES, INC. FOR "CUB FOODS"
90079) (MPUD 78 -2)
WHEREAS, Super Valu Stores, Inc. has requested approval of a "proof of
parking" plan to defer construction of 179 of the 765 off - street parking
spaces for the "Cub Foods" site located at the southeast corner of 36th Avenue
North and Vicksburg Lane, consistent with Section 10, Subdivision B, paragraph
5h(4) of the Plymouth Zoning Ordinance; and,
WHEREAS, the City Council, by Resolution 90 -433, approved an MPUD Final Site
Plan for Super Valu Stores, Inc. for "Cub Foods "; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Super Valu Stores, Inc. for a "proof of parking" plan to defer construction of
179 off - street parking spaces for the "Cub Foods" site located at the
southeast corner of 36th Avenue North and Vicksburg Lane, subject to the
following conditions, and based on the following findings:
1. Parking consistent with Zoning Ordinance standards for the 67,000 square
foot "Cub Foods" will be constructed without the 179 spaces.
2. Construction of 586 off - street parking spaces is approved based on Site
Plan demonstrating that 765 spaces can be constructed on site pursuant to
Section 10, Subdivision B. paragraph 5h(4) of the Zoning Ordinance, and
will be constructed upon notification of the need by the City without
additional action by the City Council or upon future additions to the
structure.
1 `
c
August 10, 1990
WG 10 lgc
i
NIT DECK
Mr. Charles Dillrud
Community Development Coordinator
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Dillrud,
70079
11 1L
RETAILSUPPORT
II-_O
SUPER VALU STORES, INC.
MAILING ADDRESS:
P.O. BOX 1451 • MINNEAPOLIS, MN 55440
This letter is in regard to Super Valu's efforts in filing for an amended
PUB on the Super Valu parcel in the Plymouth Hills Addition.
We are requesting the following changes to the existing PUB for the Super
Valu parcel only:
1. The existing PUB requires sidewalks around the entire perimeter of
the parcel. Super Valu feels the sidewalk on the East side of the
parcel is premature. When that parcel is developed it will need
utilities and drive accesses which will cause the sidewalk to be
completely redone at that time. It connects to no other sidewalk at
this time.
The sidewalk to the South goes nowhere and does not make sense to
install.
2. In regards to the signage, Super Valu is asking for some flexibility
or be allowed to do something different than the ordinance allows
with respect to Super Valu's site only.
The Cub signage extends above the
ordinance. Super Valu is asking
above the roof line to enable the
architectural design on the front
Valu feels very strongly that the
part of the building design.
roof top which is
For the Cub Food s
signage to remain
elevations of the
Cub Foods signage
not allowed by
ign to be extended
part of our
building. Super
is an integral
3. The refuse containers which the ordinance states that they must be
screened; Super Valu feels that the ordinance was written in respect
to open dumpsters. The refuse containers that Super Valu
contemplates using are totally self- contained. They are physically
attached to the building where trash is put into them from the inside
of the building. Also this site has a very natural screened area in
the back of the building with the topographics that exists.
MINNEAPOLIS DIVISION 101 JEFFERSON AVENUE SOUTH • HOPKINS, MINNESOTA 55343 • PHONE (612) 932 -4300
0
We appreciate the opportunity to work with Plymouth on these requests.
Again we want to express our sincere appreciation for the professional and
timely way Super Valu has been treated in this process.
Please do not hesitate to call me with any questions or concerns.
Sincerely,
Pat Moen
Retail Development
SUPER VALU STORES, INC.
Minneapolis Division
PM /sc 3232d
CITY OF PLnOUTH
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Plymouth, Minnesota, was held on the 16th day of
July , 1990 The following members were present: Coune-ilmembers
1 - wel 1 , Ricker, Vasiliou, and Zi tur
The following members were absent: Mayor Bergman
Co nc lmemhe-r Zitur introduced the following Resolution and
moved its adoption:
RESOLUTION 90 -433
APPROVING MIXED PLANNED UNIT DEVELOPMENT FINAL SITE PLAN FOR SUPER VALU
STORES, INC. (90057) (MPUD 78 -2)
WHEREAS, Super Valu, Inc. has requested approval for a Mixed Planned Unit
Development Final Site Plan for a retail store of 67,600 square feet for a
Cub Foods" on Lot 1, Block 3 "Plymouth Hills" at the southeast corner of 36th
Avenue North and Vicksburg Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Super Valu, Inc. for a Mixed Planned Unit Development Final Site Plan for a
67,600 square foot retail store for "Cub Foods" on Lot 1, Block 3 "Plymouth
Hills" at the southeast corner of 36th Avenue North and Vicksburg Lane,
subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
3. Any signage shall be in compliance with the Zoning Ordinance. No roof
signage is approved.
4. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
5. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
6. All exterior waste facilities shall be enclosed consistent with Zoning
Ordinance specifications.
see next page)
I
Resolution No. 90 -433
File 90057
Page Two
7. An 8 x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement bonds per City Policy.
8. The roof top units shall be painted or screened to match the walls of the
structure.
9. Compliance with the applicable provisions of City Council Resolutions 78-
530 (MPUD Preliminary Plan /Plat).
10. No outside storage, display, or sales of merchandise is approved by this
action.
11. The site shall be maintained in a sanitary manner and positive measures
shall be taken to effectively keep and manage the carts on the site.
12. Revised plans shall be submitted to reflect the sidewalks per the approved
plan for this MPUD and the walks shall be constructed per City standards.
13. Park dedication requirements have been met by prior actions involving this
parcel.
14. Prior to issuance of a building permit the petitioner shall submit a
memorial to the property title establishing the understanding that
additional landscaping will be required with future additions to the
structure above the 67,600 square foot supermarket.
The motion for adoption of the foregoing Resolution was duly seconded
by Councilmember Helliwell , and upon vote being taken thereon,
the following voted in favor thereof: round members Hel liwell, Ricker,
Vasiliou, and 2+tur
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Sept. 5, 1990 COMMISSION MEETING DATE: Sept. 12, 1990
FILE NO.: 90083
PETITIONER: Linda Hopkins
REQUEST: Amend Existing Conditional Use Permit for the "Peppermint
Fence Nursery School" at St. Philip the Deacon Church to
Change the Name of the School Operator
LOCATION: 17205 County Road 6
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: R -1A (Low Density Single Family Residential)
BACKGROUND:
A nursery school operation has continued at the St. Philip the Deacon Church
for a number of years. The last previous action by the Planning Commission
and City Council concerning the Conditional Use Permit was by Resolution 81-
304 on May 18, 1981. At that time, the ownership of the nursery school
transferred, and a new Conditional Use Permit was granted in the name of the
new owners. Since 1981, the Conditional Use Permit has been renewed on an
annual basis by staff based on a finding that no changes have taken place that
would invalidate the existing permit or conditions that are attached.
Proposed by this application is a new Conditional Use Permit for the
Peppermint Fence Nursery School" at St. Philip the Deacon Church to again
account for a change of ownership as Linda Hopkins is the new owner, and she
requests a Conditional Use Permit in her name as the operator.
Notice of this Public Hearing has been published in the official City
newspaper, and mailed to all property owners within 500 feet. A development
sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. The applicant has presented a brief review of her proposed operation in a
communication dated August 16, 1990, which is attached.
2. The applicant has indicated that no changes are proposed for the use, and
that no impact is anticipated with respect to the Conditional Use Permit
criteria of the Zoning Ordinance.
see next page)
File 90083
Page Two
PLANNING STAFF COMMENTS:
1. We find the proposed amendment to the Conditional Use Permit to change the
name of the operator is consistent with the Conditional Use Permit
standards of the Zoning Ordinance, and no operational change is proposed.
2. There have been no complaints received by the Community Development
Department regarding the operation of the facility, and therefore, we find
issuance of an amended Conditional Use Permit to be in order.
RECOMMENDATIONS AND CONCLUSIONS:
I hereby recommend approval of the attached resolution providing for an
amended Conditiona Permit, as re #red.
C1 Submitted by:
Char es E. Dillerud, Co)VdClty Deve opment Coordinator
ATTACHMENTS:
1. Resolution Approving Amended Conditional Use Permit for Nursery School
2. Petitioner's Narrative of August 16, 1990
3. Location Map
4. City Council Resolution 81 -304
pc /cd /90083:dl)
APPROVING CONDITIONAL USE PERMIT FOR LINDA HOPKINS FOR THE "PEPPERMINT FENCE
NURSERY SCHOOL" OPERATION (90083)
WHEREAS, Linda Hopkins has requested on behalf of St. Philip the Deacon Church
approval for a Conditional Use Permit to operate the "Peppermint Fence Nursery
School" located at 17205 County Road 6; 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
Linda Hopkins for a Conditional Use Permit to operate the "Peppermint Fence
Nursery School" located in St. Philip the Deacon Church at 17205 County Road
6, subject to the following conditions:
1. The permit is subject to all applicable codes, regulations and ordinances,
and violation thereof shall be grounds for revocation.
2. The permit is issued to St. Philip the Deacon Church for a nursery school.
3. The nursery school operation shall be licensed by the State per State
regulations, and the current copy of the State license shall be kept on
file with the City.
4. The loading and unloading area for the nursery school students shall be
continued on the west side of the building provided, however, that it may
be relocated to the east side at such time that the south side of the east
parking lot is fully screened in accordance with Ordinance standards and
City- approved plans.
5. Portable playground equipment shall be stored during off - hours, and the
playground area shall be kept in a neat and sanitary manner.
6. The playground area shall be secured from unauthorized access during hours
when the church premises are not occupied, subject to application Fire
Code requirements.
7. The permit shall be reviewed annually to assure compliance with the
conditions.
AvG I 1990 August 16, 1990
CITY C - : UTHd1
COhW-JN- -`T`` FiEVE'LOPMENT DEPT
Peppermint Fence Preschool shall comply with all
standards outlined by Resolution 81 -304.
The Preschool will be a service offered to children
3 -S yearrs of age enhancing the educational opportunities
of children in that age catagory. The program will not be
detrimental to or endanger the public health,, safety,
morals or comfort.
The program will not be injurious to the use and
enjoyment of other property in the vicinity as the children
will only be inside the church or on the church playground.
The program will not impede development or improvement
of surrounding properties as it is currently and has been
for 18 years zoned for this type of use of the building.
Parking will be available in a parking lot that belongs
to the church and will not hinder any traffic on the public
streets.
The conditional use will comform to the applicable
regulations of the City of Plymouth.
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CITY OF PLYMOUTH
0
Pursuant to due call and notice thereof, a regul a meeting of
the City Council of the City of Plymouth, Innesota was held on the
18th day of May__ , 1981 . The following members were
present: ARing Ma or Neils, ounc members 37ineider & Threinen
The follow ng members were a sent: ayor avenpor ounc mem er oy
Councilmember Schneider
moved is adoption:
introduced the following Resolution ane
RESOLUTION NO. 81-304
APPROVING CONDITIONAL USE PERMIT FOR DEANNA LAVAULT AND BARBARA SIM': FOR THE
PEPPERMINT FENCE NURSERY SCHOOL OPERATION LOCATED IN ST. PHILIP THE DEACON
LUTHERAN CHURCH (81014)
WHEREAS, Deanna LaVault and Barbara Sime have requested approval of a conditional
use permit to operate the Peppermint Fence Nursery School in St. Philip the
Deacon Lutheran Church at 17205 County Road 6; and,
WHEREAS, the Planning C ^—;; sion has reviewed said request at a duly called public
hearing and has recommended approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request of Deanna LaVaultandBarbaraSimeforaConditionalUsePermittooperatethePeppermintFence
Nursery School located in St. Philip the Deacon Lutheran Church at 17205 County
Road 6 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 non - transferable.
3. The nursery school operation shall be licensed by the State per State regula- tions and the current copy of the State locense shall be kept on file with
the City.
4. The loading and unloading area for the nursery school students shall be
continued on the west side of the building provided, however, that it may
be relocated to the east side at such time that the south side of the east
parking lot is fully screened in accordance with ordinance standards and
City - approved plans.
5. Portable playground equipment shall be stored during off hours and the play-
ground area shall be kept in a neat and sanitary manner.
6. The playground area shall be secured from unauthorized access during hours
when the church premises are not occupied, subject to applicable Fire Ccde
rE luirements.
7. The permit duration shall be through May 31, 1982 and shall be subject to
rent gal .
The motion for the adoption of the foregoing Resolution was duly seconded by
Councilmember Threinen , and upon vote being taken thereon, the
following Voted in avor thereo-F.-VEting Mayor Neils, Councilmembers
Schneider & Threinen
The following voted against or abstained:
None
Whereupon the Resolution was declared duly —passed and a op e .
5 F.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: September 7, 1990 COMMISSION MEETING DATE: September 12,
1990
FILE NO.: 90086
PETITIONER: U.S. Homes Corporation /Thompson Land Development Division
REQUEST: Conditional Use Permit to Permit Stockpiling and Land
Reclamation
LOCATION: The southeast quadrant of Medina Road and the Plymouth City
Limits (Brockton Lane)
GUIDE PLAN CLASS: LA -1 (Low Density Single Family Residential)
ZONING: FRD (Future Restricted Development)
BACKGROUND:
The City Council, on October 16, 1989, by Resolution 89 -639 approved a Sketch
Plan for U.S. Homes for this site for the development of single family
detached housing on 116 acres. On June 4, 1990 the City Council, by
Resolution 90 -335, approved a residential Planned Unit Development Concept
Plan that would result in 256 single family detached lots on the 116 acre
site. The Concept Plan approval was subject to 11 conditions.
On September 10, 1990 the City Council will consider a
finding that no Environmental Impact Statement will be
development of this parcel. This finding is responsive to
review of an Environmental Assessment Worksheet covering tl
the size of the project exceeding 250 single family
established by the Environmental Quality Board.
staff recommended
required for the
the preparation and
ne project based on
dwelling units as
The 1990 -1994 Capital Improvements Program includes public water and sewer
trunk line extensions that will include this site within the public water and
sewer service area, as a 1990 project. Engineering design for the project has
been directed by the City Council, and work is expected to begin late in 1990.
No actual service to this specific site will be available until 1991. In
addition, storm water drainage improvements to City storm water drainage pond
BC -P1 located in the southeast corner of this site, will commence concurrent
with the other public utility projects in this general vicinity late in 1990
and, early in 1991.
Proposed by this application is stockpiling and reclamation of the northerly
see next page)
File 90086
Page Two
40 acres of the 116 acre "Mitchell- Pearson" site consisting of the hauling in
of fill material from other sites and the grading of the site consistent with
the Grading Plan that has been submitted in support of the application, and
the Preliminary Plat now under review.
Notice of this Public Hearing has been published in the Official City
Newspaper and mailed to all property owners within 500 feet. A development
sign has been placed on the property.
PRIMARY ISSUES AND ANALYSIS:
1. "Mining and land reclamation" is an allowable use in the FRD Zoning
District with a Conditional Use Permit per Section 7 of the Plymouth
Zoning Ordinance.
2. Conditional Use Permits may be approved by the City Council, upon the
recommendation of the Planning Commission where the City Council finds
that the proposed use meets six specific standards for a Conditional Use
Permit issuance found in Section 9 of the Zoning Ordinance. A copy of
those six Conditional Use Permit standards is attached together with a
petitioner's letter of August 17, 1990 describing the use.
3. The specific proposal is to utilize the northerly 40 acres parallel to
Medina Road to receive approximately 80,000 cubic yards of material hauled
in to the site from outside sources. The material would be stockpiled
temporarily and then used as necessary fill material to raise the
elevation on portions of this site consistent with the grading plan for
the site which has been submitted concurrently. The applicant notes in
his August 17, 1990 letter that portions of the site must be elevated to
provide necessary home construction grades high enough to meet the grades
of sanitary sewer that is to be installed in this area over the next 12
months.
The finished grades in portions of the northwest corner of the site will
be 6 to 8 feet higher than they currently exist.
4. The applicant has submitted a complete Grading Plan for the 116 acre
Mitchell- Pearson" site, of which 40 acres are included in this
reclamation application. The applicant has also submitted a natural
features analysis including a complete tree inventory for the entire site.
Review of these two submissions is continuing by the Development Review
Committee, with particular emphasis on relating the proposed Grading Plan
to the existing tree inventory. Of the portion of the site proposed by
this application for reclamation activity (the northerly 40 acres), a
small area adjacent to Medina Road near the east -west center of the site
is the only location where significant existing trees are found. This 2
acre "grove" would be partially lost if the Grading Plan that is now
proposed is executed as proposed. The Development Review Committee has
see next page)
File 90086
Page Three
requested the developer to review his Grading Plan in this and several
areas of the site not involved in the reclamation application to determine
if modifications could be made that would result in the retention of more
existing trees.
5. The application for a Conditional Use Permit for land reclamation includes
provisions for erosion control and reintroduction of surface vegetation
consistent with the recommendations of the City Engineer.
6. From the physical constraints analysis we find the subject site to be
located in the Bassett Creek and Minnehaha Creek Watershed Districts and
to contain no City storm water drainage facilities. We find that the site
is not located in any Shoreland Management area or Flood Plain area; does
not contain any State or Federally designated wetlands; does contain
woodlands as noted above; does not display any slopes over 12 percent and
is generally suitable for urban development with public sewers. The
proposal to store and reclaim material on this site is compatible with the
physical constraints analysis upon proper conditions related to
preservation of existing trees.
PLANNING STAFF COMMENTS:
1. The Conditional Use Permit application meets the standards provided by the
Zoning Ordinance for such applications if the proposed stockpiling and
reclamation activity takes place consistent with the recommended condition
of the City Engineer.
2. The final relationship between the Grading Plan that forms the basis for
this reclamation Conditional Use Permit application and the existing tree
inventory that has been prepared for this site has not been established.
We recommend that existing area of mature trees located in the north
center of the site, adjacent to Medina Road, be excluded from the area to
be filled /reclaimed by this application and designated by a snow fence
perimeter at least 50 feet from the edge of the grove of trees.
RECOMMENDATION:
I hereby recommend adoption of
approval of a Conditional Use
stockpiling activities proposed
special condition related to the
stockpiling and recl -tion area.
Submitted by:
the attached resolution providing for the
Permit to allow the reclamation and soil
subject to several conditions, including a
preservation of existing trees within the
ChaMes'E. Dillerud, Community Development
ATTACHMENTS:
1. Resolution Approving Conditional Use Permit
2. Engineer's Memo
3. Applicant's Narrative of August 17, 1990
4. Location Map
5. Large Plans
pc /cd /90086:jw)
inator
APPROVING CONDITIONAL USE PERMIT FOR U.S: HOMES CORPORATION /THOMPSON -LAND
DEVELOPMENT DIVISION FOR LAND RECLAMATION (90086)
WHEREAS, U.S. Homes Corporation /Thompson land Development Division has
requested approval for a Conditional Use Permit for land reclamation and stock
piling of earth fill material on property located at the southeast quadrant of
Medina Road and the Plymouth City Limits (Brockton Lane); and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
U.S. Homes Corporation /Thompson Land Development Division for a Conditional
Use Permit for land reclamation and stock piling of earth fill material on
property located at the southeast quadrant of Medina Road and the Plymouth
City Limits (Brockton Lane); subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
3. A complete Grading Permit application shall be submitted, all required
financial guarantees shall be submitted, and all fees shall be paid prior
to issuance of the permit.
4. The area of existing trees located approximately 900 feet westerly of the
east property line and extending southerly approximately 300 feet from
Medina Road, and identified on the "Natural Features /Site Analysis"
graphic received by the City of Plymouth August 24, 1990 shall be excluded
from all soil stockpiling, filling or any manner of grading activities,
and shall be clearly designated by a snow fence surrounding and 50 feet
outside subject area approved as to placement by the Plymouth City
Forester prior to the commencement of any grading or filing activities on
the site.
5. The work shall be continuously managed so to comply with all applicable
air quality, noise, and erosion control standards.
6. The status and the need for the stockpile will be evaluated with each
Final Plat to determine the potential impact on the development.
77-v
CITY OF PLYMOUTH
ENGINEER'S MEMO
to
PLANNING COMMISSION AND COUNCIL MEMBERS
DATE: September 6, 1990
FILE NO.: 90086
PETITIONER: Mr. William Pritchard, Thompson Land Development, 300 South Highway 169,
4870, St. Louis Park, MN 55426
CONDITIONAL
USE
PERMIT: Request for stock piling fill material to be used at a later date on the
Mitchell Pearson Property.
The developers of the Mitchell Pearson Property have submitted an application for a
grading permit, which requires a Conditional Use Permit for the stock piling of fill
material from off site. The Conditional Use Permit, if approved by the City Council,
shall include the following conditions:
1) Silt fence and /or other erosion control methods must be in place at all
times.
2) The plans shall be submitted to Basset Creek and Minnehaha Creek for their
approval and recommendations.
3) The stock pile shall be seeded and mulched immediately after stock piling
has been complete.
4) Slopes shall not exceed a 3 to 1.
5) The contractor hauling the fill shall use dust control on Medina Road as
necessary.
6) The proposed height of the stock pile shall be shown on a revised plan.
7) The stock pile shall not encroach any closer than 50 feet to any stand of
trees prior to a tree preservation plan being approved.
8) The developer shall be responsible for maintaining Medina Road.
9) The developer shall place "Truck Hauling" signs on County Road 101 during
hauling operations. The signs shall be removed when hauling is not taking
place.
10) The contractor shall. have a street sweeper available to. clean .County Road.
101.
CONDITIONAL USE PERMIT (90086)
11) If the stock pile should interfere with the construction of Medina Road, the
developer agrees to immediate ly. reloca -te the. stockpile to .a. different area
within the site and comply with all of the above requirements.
SUBMITTED BY:
Daniel L. Faulkner, P.E.
City Engineer
2 -
US,HOMe
Thompson Land Develo
300 South County Road 18
August 17, 1990
ment Division
Suite870 St. Louis Park, Minnesota 55426
Mr. Charles Dillerud
Community Development Coordinator
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Conditional Use Permit
Stock - Piling Material On -Site
Mitchell /Pearson Property
Dear Mr. Dillerud:
612) 544 -7333
AUG :1,' 1990
Gf I i IOU t iEL,i
CO N'J' 11TY DEVELOPMENT DEPT
This request is to allow the developer, U.S. Home Corporation, a Conditional
Use Permit to stock -pile material on -site. The stock -pile plan contemplates
the storage of materials to be placed in the northwest corner of the site and
will involve stripping the existing topsoil and vegetation and placement of the
fill at or near the proposed house elevations that are proposed for this area.
These materials are necessary to raise this portion of the site in order to better
accommodate future sewer connections.
As you are aware, the City has completed the feasibility report for the
Northwest Trunk Sewer Interceptor and is presently working on a final design
of this system that will service our site. We are aware that the present Amber
Woods lift station will be removed and in place of it a gravity feed system,
however, from previous conversations with the City Engineering Department we
have learned that the invert location of the pipe as proposed could potentially
restrict our ability to service the northwest portion of this site unless the
area is raised. We recognize this situation and have indicated to the City our
desire for fill material, particularly as it relates to the proposed up- grading
of Medina Road. We now find ourselves with an opportunity that a ready and
economical source of fill is available and we would like to have this material
placed onto our site.
We hope that the City will grant this request and are prepared to answer
any questions you may have in regard to this matter.
Sincerely,
William Pritchard
Division Senior Vice President /Project Manager
THOMPSON LAND DEVELOPMENT
A Division of U.S. Home Corporation
BP /lds
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CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: Sept. 7, 1990 COMMISSION MEETING DATE: Sept. 12 1990
FILE NO.: 90037
PETITIONER: Craig Scherber
REQUEST: RPUD Concept Plan
LOCATION: Northeast Corner of County Road 24 and County Road 101
GUIDE PLAN CLASS: LA -1 (Low Density Residential)
ZONING: FRD (Future Restricted Development
BACKGROUND:
The records of the Community Development Department show no recent development
applications related to the subject parcel. A 1965 application to rezone the
immediate corner of County Road 101 and County Road.24 for a gas station was
denied.
On July 16, 1990, the City Council adopted a motion remanding a previous
application by this petitioner for PUD Concept and Preliminary Plan approval
back to the Planning Commission for further consideration. In remanding the
plan, the Council directed use of the Planning Commission findings from its
meeting of June 26, 1990, regarding the denial recommendation of this first
plan as guidance for redesign.
Now proposed is an RPUD Concept Plan (only) for this site of 87.76 acres
consisting of 70 single family detached homes and 68 attached twinhomes. The
church site of approximately 5 acres that appeared in the previous Concept and
Preliminary Plans has been deleted.
A notice of this reconsideration of the RPUD Concept Plan has been sent to all
persons who spoke at the original Public Informational Meeting, including
those that own abutting property.
PRIMARY ISSUES AND ANALYSIS:
1. The Physical Constraints Analysis shows this site to be located within
both the Gleason Lake and the Bassetts Creek Drainage Districts; to
contain storm water holding areas required by the City of Plymouth (Pond
BC -P2); not to be a part of a Shoreland or Flood Plain Overlay District;
to contain wetlands subject to both state and federal regulations in the
see next page)
File 90037
Page Two
eastern portion of the site; not to contain woodlands of significant
stature as defined by the analysis; does not contain slopes of greater
than 12 percent; and to contain some soils unsuitable for urban
development -- generally related to the wetland areas noted previously.
This site is suitable for urban development with municipal utilities, and
the site design generally relates well to the constraints noted, and
preserves the natural site features -- particularly the wetland areas.
2. Of the 87.76 -acre site, 13.16 acres are below the ordinary high water mark
for Pond BC -P2. In addition, the plan proposes 3.78 acres as required
public open space for trail purposes and 2.39 acres (approximately) of
public park area (net of areas below the 100 -Year High water mark).
Therefore, a sum of 19.33 acres is ineligible for dwelling unit density
consistent with the Planned Unit Development section of the Zoning
Ordinance. The resulting net dwelling unit density on the remaining 68.43
acres is proposed to be 2.02 units per net acre, based on the proposal of
138 dwelling units. The previous proposal was for 132 dwelling units
resulting in a net density of 2.06 units per net acre. Therefore, the
density of this proposal is somewhat less than the previous proposal.
The applicant proposes no specific bonus point assignment. Based on
project scale, the concept is eligible for the maximum of 4 bonus points
resulting in a maximum allowable project density of 2.40 dwelling units
per net acre.
3. The project concept calls for the introduction of twinhome -style housing
units in an area of the City that is guided LA -1. The Zoning Ordinance in
Section 9, Subdivision B, paragraph 4i provides for standards and
guidelines with respect to the transition of Residential Planned Unit
Development in areas guided LA -1; particularly where such development
contains housing types other than single family detached dwellings - -as is
the case with this Concept Plan.
The Ordinance, which applies specifically to to PUDs, states the intent of
the transition at the perimeter property line is to create, by design, the
perception of a single family detached neighborhood. The proposed
twinhome area of the project continues to be at the periphery, in this
case the twinhome development is adjacent to Medina Road and County Road
101, with the existing single family residence located immediately to the
east on land that is classified LA -1.
4. The Park and Trails Element of the Comprehensive Plan specifies both
neighborhood park and trail corridors that impact the site. Through the
Development Review Committee process, the developer has been advised
concerning the configuration of a neighborhood park site near the east
center of this parcel. As noted in the Physical Constraints Analysis,
substantial areas of storm water holding and state /federal regulated
wetlands exist in this area, and a goal of City Park development is to
see next page)
File 90037
Page Three
have neighborhood parks contain a substantial acreage of land above storm
water holding elevations and outside of wetland areas.
The Concept Plan presented includes approximately 2.39 acres of
neighborhood park land and 3.78 acres of public trail above the high water
elevation of Pond BC -P2. This will be the maximum amount of public park
credit available to this development. The developer has modified the
proposed "neighborhood park" from the previous Concept Plan to reduce the
amount of street frontage for the park from the previous 240 feet to a now
proposed approximately 50 feet. The applicant has been advised that the
Director of Parks and Recreation recommends the street frontage be no less
than what was shown on the previous Concept Plan (240 feet).
The previous Concept Plan and Preliminary Plan showed a trail corridor
parallel to and along the east property line of this site from County Road
24 to the south edge of the wetland area in the center of the plat. The
Trail System Plan Element of the Comprehensive Plan designates this
corridor as part of the Plymouth trail system and the Director of Parks
and Recreation had recommended that corridor provide public access to the
neighborhood park. The City would be responsible for constructing a
floating walkway" to complete the linkage between the end of the trail
and the high ground within the neighborhood park.
The proposed Concept Plan does not include the trail corridor from County
Road 24 to the neighborhood park. The Concept Plan, therefore, is
inconsistent with the Parks and Trails Element of the Comprehensive Plan.
The applicant has been advised of this inconsistency by the Development
Review Committee in a letter dated August 20, 1990.
5. The proposed minimum lot size for the single family detached lots is
15,000 square feet, with an average lot size of 24,362 square feet. The
Ordinance standard is 18,500 square feet. The Concept Plan does not
specify the lot sizes for the twinhome structures. We assume that the lot
sizes would be similar to the 7,200 square feet minimum and 8,930 square
feet average of the Preliminary Plat for this type of dwelling unit.
Where twinhomes are permitted by the Zoning Ordinance outside the context
of a Planned Unit Development, in the R -2 Zoning District - -not available
to this site due to LA -1 guiding -- minimum lot size per unit is 9,250
square feet.
6. The Zoning Ordinance requires findings by the Planning Commission with
respect to the Concept Plan to include the following.
a. Relationship of the proposal to the surrounding neighborhood. The
plan proposes uses consistent with the Land Use Guide Pan and
adjacent properties, as currently in use or as designated by the Land
Use Guide Plan for use along the south periphery. The twinhome uses
and land features proposed along the north, west and a portion of the
see next page)
File 90037
Page Four
east site periphery are consistent with the LA -1 guiding and use of
lands that adjoin only to the extent that the Ordinance required
transition is proved
b. Compliance with City Ordinances and the Comprehensive Plan. The
proposed PUD Concept Plan is consistent with the Comprehensive Plan
with respect to land use guiding and residential density. The plan
also complies with the elements of the Comprehensive Plan, regarding
thoroughfares and utilities, but is inconsistent with the Park and
Trail Element of the Comprehensive Plan, as noted above. It should be
noted that public utilities to service a site designated in the 1990
Capital Improvements Program, but contracts will not be awarded until
late 1990 and construction will not be complete to this area until at
least 1991.
7. The City Council has directed redesign of this Concept Plan consistent
with the findings of the Planning Commission in its recommendation
regarding the previous Concept Plan and Preliminary Plat. Those findings
and our observed response to those findings by this Concept Plan are as
follows:
a. The Concept Plan does not propose design attributes required by
Section 9 of the Zoning Ordinance. The petitioner has not proposed
additional design attributes required by Section 9 of the Zoning
Ordinance. The specific attribute that is most preminent in the
Planning Commission discussion is that of "usable and suitably located
recreational facilities and other public and common facilities than
would otherwise be provided under conventional land development
procedures." The public park that is a part of the proposal would be
required whether this were a PUD or conventional plat, as would the
trail corridor along County Road 101, and the trail corridor that
should be provided along the east project boundary.
The applicant, in his letter of July 26, 1990, suggests that because
minimum lot sizes and average lot sizes for the single family detached
portions of the development have been increased, the need to provide
additional PUD attributes has been reduced, or eliminated.
b. The proposed Concept Plan is not in compliance with Zoning Ordinance
PUD transition standards with respect to transition between the
twinhome units proposed and the single family development (propose
and existin located east and south of the site. By the
juxtaposition of the twinhome units from the south portion of the site
to the north portion of the site, the applicant may have resolved
conflicts with respect to single family residences south of County
Road 24 and east of the site in the area south of Pond BC -P2. The
twinhome units as now proposed in the amended Concept Plan would
continue to abut or adjoining single family residential development
see next page)
File 90037
Page Five
areas (both existing and proposed) to the east and to the west. To
the north of the proposed twinhome area of the site (across Medina
Road) lies an area Land Use Guide Plan classified for Planned
Industrial utilization.
c. Opportunities are available on this site to locate the twinhome so
there could be a more internal orientation to the site. The
opportunity for internal orientation of the twin omes remains
available to the developer, but he has not, by this Concept Plan,
taken advantage of those opportunities. The twinhome portion of the
project still remains at the periphery of the site - -the only change
being the periphery, i.e., north versus south.
d.
particuiariy t
potentiall
Introducti
sac propos
dwelling u
the east,
will adjoi
number. Transition,
ea to the east, could
ations and number.
the short cul -de-
e would result in a
ily guided land to
home styles that
y be aided by adjustments to building loc
on of single family detached dwellings on
ed for extension to the east property lin
nit type adjacent to existing single fam
consistent with the existing and future
n this site.
PLANNING STAFF COMMENTS:
1. The Concept Plan now proposed is inconsistent with the Park and Trail
Element of the Plymouth Comprehensive Plan, both with respect to the
design of the proposed neighborhood park and with respect to the lack of a
trail corridor extending northerly from County Road 24 to the proposed
neighborhood park.
2. The proposed Concept Plan provides little in PUD attributes beyond those
presented by the previous Concept Plan. Specifically, no open space is
proposed within the single family portion of the PUD other than that which
would be required to be provided with a conventional platting of the same
site.
PUD flexibility is, however, requested by the petitioner in the form of
twinhome structures and related substandard lot sizes for those
structures, as well as single family detached lots of less than the 18,500
square foot minimum for a conventional development in the LA -1 (R -1A) land
use and zoning classifications. The now proposed Concept Plan may result
in larger single family detached lot sizes, but more than 25 percent of
the single family lots will still be under the 18,500 square foot minimum
for single family lots in the R -1A Zoning District.
see next page)
File 90037
Page Six
RECOMMENDATION:
I hereby recommend denial of the proposed Concept Plan for "Stone Creek" based
on the findings noted above. Total lack of open space PUD attributes with
respect to the single family portion of the Concept Plan, as well as the
continued design feature of locating the twinhome units at the periphery of
the project in LA -1 guided section of the City results in a design consistency
we do not believe can be remedied by an approval recommendation subject to
design conditions. A more appropriate action, should the Planning Commission
concur in the staff recommendation would be to direct the redesign of the
Concept Plan with specific direction as to attached dwelling inclusion and
orientation, and demonstration of PUD attributes and to public open space that
would not otherwise be required.
Consistent with prior direction of the Planning Commission, we have also
included a resolution providing for the approval of the Concept Plan subject
to findings and conditions usually included with such approval and design -
related conditions related directly to the Park and Trail Element of the
Comprehensive Pl n h which t cu Concept P an is inconsistent.
Submitted by:
s E. Dilleru pity Development Coordinator
ATTACHMENTS:
1. Resolution Denying the RPUD Concept Plan
2. Resolution Approving the RPUD Concept Plan
3. City Council Minutes of July 16, 1990
4. Petitioner's Communication of July 26, 1990
5. Planning Commission Minutes of June 26, 1990
6. Letter of Mary and Leon Leuer dated September 5, 1990
7. Location Map
8. Large Plans
pc /cd /90037:dl)
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR CRAIG SCHERBER
90037)
WHEREAS, Craig Scherber has requested approval for a Residential Planned Unit
Development Concept Plan for property located at the northeast corner of
County Road 24 and County Road 101; 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
Craig Scherber for a Residential Planned Unit Development Concept Plan for
property located at the northeast corner of County Road 24 and County Road
101, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Staging of the development shall be in accordance with utility
availability as approved by the City Engineer.
3. Maximum density shall be 2.02 units per acre for the land at or above the
established high water elevation per the adopted City Storm Water Drainage
Plan as verified by the City Engineer.
4. Draft restrictive covenants for the private open areas shall be submitted
with Preliminary Plat /Plan application.
5. No residential private drive access shall be permitted to County Road 24,
Medina Road, or County Road 101; all private drives shall be provided by
internal public streets.
6. No approval is hereby granted for structure setbacks or other dimensional
standards that related to the Zoning or Subdivision Ordinance.
7. Approval is subject to the concurrence of the Metropolitan Council with
Land Use Guide Plan Map amendments, including this site, approved by the
City Council in December 1989.
DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR CRAIG SCHERBER
90037)
WHEREAS, Craig Scherber has requested reconsideration of and approval for a
Residential Planned Unit Development Concept Plan for property located at the
northeast corner of County Road 24 and County Road 101 per City Council action
on July 16, 1990; and,
WHEREAS, the Planning Commission has reviewed the 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 Craig
Scherber for a Residential Planned Unit Development Concept Plan for property
located at the northeast corner of County Road 24 and County Road 101, based
on the following findings:
1. The Concept Plan does not propose design attributes required by Section 9
of the Zoning Ordinance.
2. The proposed Concept Plan is not in compliance with Zoning Ordinance PUD
transition standards with respect to transition between the twinhome units
proposed and the single family development (proposed and existing) located
east and south of the site.
3. Opportunities are available on this site to locate the twinhomes so there
could be a more internal orientation to the site.
4. Transition per the Ordinance standards could be provided, though there
might be adjustments to building locations and number.
5. The Concept Plan is not consistent with the Parks and Trails Element of
the Plymouth Comprehensive Plan.
6. The Concept Plan is not responsive to the City Council direction and
Commission findings which were specified by the Council on July 16, 1990.
Regular Council Meeting
July 16, 1990
Page 276
until the next Council meeting. He will re est
reduced setbacks at the time of final plat ng,
when site grading will be complete.
MOTION was made by Councilmember Ricker seconded
by Councilmember Zitur, to reconsider e
resolutions and ordinance that were eviously
deferred to the next meeting.
Motion carried, four ayes.
MOTION was made by Councilme er Ricker, seconded
by Councilmember Zitur, to opt the following:
RESOLUTION NO. 90- APPROVING MIXED USE RESOLUTION 90 -428
PLANNED UNIT DEVE PMENT PRELIMINARY APPROVING MPUD
PLAN /PLAT /CONDIT NAL USE PERMIT FOR HANS PREL.
HAGEN HOMES /WE -ROME PARTNERS (90029), PLAN /PLAT /CUP FOR
with Outlot E ntegrated with abutting HANS RAGE HOMES
properties; (90029)
Item 7 -E
ORDINANCE . 90 -21 AMENDING THE ZONING ORDINANCE 90 -21
ORDINANC TO CLASSIFY CERTAIN LANDS LOCATED REZONING PROPERTY
SOUTHWE OF MEDINA ROAD AND SOUTHEAST OF FOR HANS HAGEN
COUNTY OAD 24 AS R -1A (LOW DENSITY SINGLE HOMES
FAMI RESIDENTIAL) AND B -3 (SERVICE (90029)
BUS SS) DISTRICTS, and Item 7 -E
RIfflOLUTION NO. 90 -429 SETTING CONDITIONS TO RESOLUTION 90 -429
K MET PRIOR TO PUBLICATION OF ORDINANCE SETTING CONDITIONS
ZONING LAND FOR HANS HAGEN HOMES /WESTAR- TO BE MET PRIOR TO
ROME PARTNERS (90029). PUBLICATION
Item 7 -E
Deputy Mayor Vasiliou stated Councilmembers were MPUD Concept Plan;
informed some changes have made by Craig Scherber Craig Scherber
subsequent to the Planning Commission hearing on (90037)
the proposed RPUD Concept Plan at the northeast Item 7 -F
corner of County Road 24 and County Road 101
90037). She asked if Councilmembers were
willing to consider any information that was not
presented at the Planning Commission meeting.
All Councilmembers stated no. Deputy Mayor
Vasiliou asked that the developer limit his
presentation only to the plan proposed to the
Planning Commission.
Regular Council Meeting
July 16, 1990
Page 277
Tom Loucks, 8401 73rd Avenue North, Brooklyn
Park, reviewed the proposal for an RPUD Concept
Plan for the development of an 87.76 acre site
with 76 single family homes, 56 attached dwelling
units in 28 twinhome structures, and a church
site of about 5 acres. The Planning Commission
recommended denial of the proposal.
Director Tremere stated the Planning Commission
took no action with respect to the RPUD
Preliminary Plan /Plat /Conditional Use Permit
applications because the denial recommendation on
the concept Plan renders those applications
inappropriate.
He stated that the Planning Commission determined
that the proposed Concept Plan is not in
compliance with Zoning Ordinance standards
relative to transition between the proposed
twinhome units and the adjacent areas outside the
PUD. The Planning Commission determined that
opportunities are available for alternate siting
of the twinhomes on the property for more of an
internal orientation on the site, and transition
to meet the Zoning Ordinance standards could be
provided, though there may be adjustments in the
number of units constructed.
In response to a question by Councilmember Zitur,
Director Tremere explained Planned Unit
Development attributes over conventional platting
in providing for open space, including
sensitivity to wetland areas. He added that
staff agrees with the Planning Commission that
the transition between twinhome and single family
units could be modified to be more compliant with
ordinance standards.
Mr. Loucks explained that a portion of the
property is below the 100 year flood elevation;
however, he did not believe this would pose a
problem since it will be used as open space. He
stated the average lot size would be 17,000 sq.
ft., with the smallest lot at 13,000 sq. ft. due
to wetland abutment. Mr. Loucks stated the
developer will dedicate to the City property for
park access. About 8 of the 25 acres of open
space is intended to be some kind of common area.
Regular Council Meeting
July 16, 1990
Page 278
Mr. Loucks believed the transition between the
proposed twinhomes and single family homes meets
The intent of the Zoning Ordinance guidelines
because of the extensive landscaping and berming
that will be done, though some improvement could
be made to the design in the east area.
Ross Fefercorn, 7625 Metro Blvd., #145, Edina,
showed slides of the proposed twin home units.
He described the probable tenants as retired and
desiring inactive open space. The proposed units
are from 1,400 to 3,500 sq. ft. and will be in
the $120,000 to $200,000 price range per unit.
He stated that rental of the units will be
prohibited through the use of protective
covenants.
In response to a question by Deputy Mayor
Vasiliou, Mr. Fefercorn stated his management
company will maintain landscaping and medians in
the development. Some adjustments can be made in
the east area, including elimination of a unit.
Councilmember Zitur asked if the plans shown here
were reviewed by the neighbors at the Planning
E. Commission hearing. Mr. Fefercorn said he was
not there, but he understood these were the plans
shown.
Wayne Menge, 3190 Kimberly Lane, stated he is
opposed to twinhomes because they will devalue
single family homes in the neighborhood. He
proposed that the twinhomes be moved to the
opposite end of the site in order to have the
least impact on the existing single family homes.
Norma Hughes, 17635 County Road 24, stated
drainage has changed on her property due to
development on abutting properties. She objected
to the twinhome proposal and the proposed
density.
Hila Domagala, 17705 County Road, objected to the
twinhome construction because after a period of
time the units may become rental. The area
should remain solely single family homes and the
City's standards should not be eroded.
4
Regular Council Meeting
July 16, 1990
Page 279
Steve Jacobitz, 3520 Urbandale Lane, stated that
he represented the Amber Woods Homeowners'
Association. He stated the Association does not
feel that twinhomes will fit the image the
neighborhood has come to expect given the guiding
and zoning. Mr. Jacobitz stated the proposed
screening is inadequate to offset the negative
affect of the twinhomes. He stated if twinhomes
are allowed on the site, the location should be
isolated and further removed from the existing
single family neighborhood.
John Jamoke, 17700 26th Avenue North, stated the
current proposal does not take into consideration
the single family characteristics of the existing
homes. He objected to any higher density.
Jim Stavros, 17430 County Road 24, stated he
lives adjacent to the area proposed for twinhome
construction. He stated all neighbors present at
the Planning Commission were opposed to twinhomes
in this location. He urged the Council to accept
the staff and Planning Commission recommendation
of denial. Mr. Stavros stated the twinhome units
would generate additional traffic on County Road
24, where traffic is already heavy.
Mr. Loucks asked the Council for direction on
whether the developer should continue
consideration of twinhomes or whether the concept
is unrealistic for the site.
Deputy Mayor Vasiliou stated there is a need in
the market for twinhome units, but it is unknown
whether the need is in Plymouth or on this site.
She stated that twinhomes have their place and
should not be considered substandard housing. It
is important that the site design is appropriate.
Mr. Loucks indicated that he has alternate plans
to recommend and requested that the item be
referred to the Planning Commission.
MOTION was made by Deputy Mayor Vasiliou,
seconded by Councilmember Zitur, to remand the
requests of Craig Scherber & Associates for MPUD
Concept Plan, Preliminary Plat /Plan, Conditional
Use Permit and Rezoning for "Stone Creek" (90037)
to the Planning Commission, citing the
8
Regular Council Meeting
July 16, 1990
Page 280
Commission's findings for the Concept Plan denial
recommendation as guidance for redesign and
further consideration.
Director Tremere stated that the abutting
property owners will be notified of the Planning
Commission date for reconsideration.
Motion carried, four ayes.
by Councilmember Helliwell, to adopt RESOLUTION
NO. 90 -430 APPROVING AMENDMENT TO MPUD
PRELIMINARY PLAN AND CONDITIONAL USE PERMIT FOR
RYAN CONSTRUCTION COMPANY (90051) (MPUD 89 -2).
Motion carried on a roll call vote, four ayes.
MOTION was made by Councilmember Zitur, secon
by Councilmember Helliwell, to adopt RESOLUTO
NO. 90 -431 APPROVING MPUD FINAL SITE PLANJWtR
RYAN CONSTRUCTION COMPANY FOR A RESTAUR25K IN
ROCKFORD ROAD PLAZA (90051) (MPUD 89-;OW.-
Motion carried on a roll call vote/ four ayes.
APPROVING
AMENDMENT MPUD
PRELIM Y PLAN
AND FOR RYAN
CO RUCTION CO.
051)
tern *7 -G
RESOLUTION 90 -431
APPROVING MPUD
FINAL SITE PLAN
FOR A RESTAURANT
IN ROCKFORD ROAD
PLAZA (90051)
Item *7 -G
MOTION was made by Councilmemb Zitur, seconded RESOLUTION 90 -432
by Councilmember Helliwell, adopt RESOLUTION APPROVING MPUD
NO. 90 -432 APPROVING MPUD AL SITE PLAN FOR FINAL SITE PLAN
RYAN CONSTRUCTION COMP AN OR A MULTI- TENANT FOR A MULTI- TENANT
CENTER (90051) (MPUD 89 ) with clarification of CENTER (90051)
Condition No. 15 as r ommended by staff. Item *7 -G
Motion carried on roll call vote, four ayes.
MOTION was ma by Councilmember Zitur, seconded RESOLUTION 90 -433
by Councilm er Helliwell, to adopt RESOLUTION APPROVING MPUD
NO. 90 -433 PROVING MIXED PLANNED UNIT FINAL SITE PLAN
DEVELOP T FINAL SITE PLAN FOR SUPER VALU FOR SUPER VALU
STORES INC. 90057) (MPUD 78 -2). STORES, INC.
90057)
on carrie vo e, our
Lom .o" S c ssadaks, Otm
8401 73rd Avenue N., Brooklyn Park, Minnesota 55428 (612) 535 -8937
JMEMORANDUMMTV
Date: July 26, 1990 JUL 27 10
From: Tom Loucks CITY OF 'eiV MQUT
To: Charles E. Dillerud
o0'ff'Y
Subj: Draft Memorandum - Revised Stone Creek Concept
P.U.D.
STONE CREEK
INTRODUCTION
Stone Creek is a 87.76 -acre planned unit development
consisting of 70 single - family homes, and 68 attached
twin homes, and 7.58 acres of the tract will be dedicated
to the public for neighborhood park and trails.
Craig Scherber is the principal developer of Stone Creek.
Mr. Scherber has over ten years of successful building
and development experience. Current developments located
within the City of Plymouth include Kings North, Pine
Meadows of Bass Lake, The Meadows of Bass Lake and Swan
Lake West. These developments consist of lots that
contain upscale housing that range in price from $175,000
to $400,000.
LAND OWNERSHIP
Mr. Craig Scherber is a contract for deed purchaser from
property fee owner Quentin Stromseth.
SITE
The site is a 87.76 -acre tract of land bounded by Medina
Road on the north, County Road 1101 on the west and
County Road x{24 on the south.
SITE ANALYSIS
A physical inventory of the site was undertaken in order
to determine any development constraints, as well as to
delineate prime developable land. The current land use
for the site consists of preserved wetlands, undeveloped,
and agriculture.
1
Community Planning • Site Design • Economic Development • Market Research
poctraSty - Existing topography is gently rolling,
interspersed with wetland depressions. There is no
instance where grades exceed 12 %.
Soils - The predominant soils contained within the
site consist of Cordova, Hamel, Hayden and Hessel
which are clay and clay loams that are suitable for
structural and infrastucture development. Dundas
and Glencoe are silty soils that exhibit poor
development qualities. They are generally found in
areas of wetland depressions.
Vegetation - The site contains minor stands of over
story trees and aquatic vegetation in wetland
depression areas. The majority of the land within
the site has been under intensive agricultural use.
Wetlands - Wetlands cover approximately 11.58 acres
of the site. They are proposed to be part of the
City's stormwater retention system and are being
maintained as an integral part of the development.
ZONING
The current zoning on the site if FRD (Future Residential
Development). The proposed use of the site is as
follows:
1. Southern 52.88 acres - L.A. -1 (Low Density
Residential).
2. Northern 27.3 acres - L.A. -2 (Low Medium
Density Residential).
Development Stacie - The entire site is within the
Metropolitan Urban Service Area (M.U.S.A.) Boundary. In
addition, the site is within the City's 1990 Staged
Growth Area. At the present time, the City has
authorized trunk sewer and water main extension to serve
this site.
PROPOSAL
Concept Plan - The plan for Stone Creek proposes the
construction of:
1. 70 single - family detached homes.
2. 34 attached twin home (68 units).
2
3. 7.58 acres of trail and neighborhood parkland. 6
It is anticipated that the development will be
constructed in four phases. Phases I and II will be
commenced in the fall of 1990. Phases III and IV will
commence in the fall of 1991 with an anticipated
completion date of summer, 1992.
Design Concept - The Concept Plan is designed within the
framework of the following goals:
1. Sensitivity to topographical features and the
utilization of wetlands and flood plain as site
amenities is a key to the overall design of the
project.
2. Roadways are proposed in a curvilinear and
short cul -de -sac pattern to create a sense of
neighborhood, and discourage non -local traffic
patterns.
3. No lots within the entire development have
direct access to County Roads.
4. In reference to City Council resolution 79 -525,
numerous structures (quads, row houses, and
twin homes) and site configurations have been
analyzed in order to respond to the requirement
that attached units should appear as being
similar to a single - family attached
neighborhood.
The twin home was selected because of its reduced mass,
variation of roof lines, and variety of living
accommodations which include slab on grade, walkouts and
lookouts. In addition, this particular unit has variety
in terms of garage placement and orientation as that one
does not observe row after row of garage doors from the
street.
The site plan also addresses the issue of transition,
intervening natural features, and visibility from County
Road #101 and Medina Road.
County Road 1101 and Medina Road with their accompanying
R.O.W. serve as both a transition and physical barrier
between the twin homes and industrial guided property to
the north and church, school, future residential
development to the west. The twin homes will be
physically separated more that 400 ft. from any existing
or future development located west of County Road #101.
3
The owners of the Leur property located east of the twin
home development have expressed support for the
development. Due to the lack of buildable land in this
property, the cul -de -sac serving it will be constructed
totally within the Stone Creek development. It is
anticipated that the Leur property may, in the future, be
converted from its present use to accommodate twin home
development.
MUSNAW
The City staff report acknowledged that the Stone Creek
development proposal met the criteria for a P.U.D. At
its meeting on June 26, 1990, the Planning Commission
specifically stated that the single- family element of the
proposal did not comply with the following expected
attribute:
More usable and suitably located active recreation
facilities and other public and common facilities
than would otherwise be provided under conventional
land development procedures. (Amended Ord. No. 86-
07)"
The previous Stone Creek proposal provided for an average
single - family lot size of 16,885 square feet and 15.94
acres of neighborhood park, trails, wetland preservation,
and ponding area to be dedicated to the public. Our
approach may have been in error, but we did not provide
additional active recreational facilities because it is
duplicitous given the large amount of open space that was
being proposed within the framework of the development.
The revised Stone Creek proposal provides for an average
single - family lot size of 24,362 square feet and 7.58
acres of neighborhood park, trail and wetland preserve.
Therefore, it appears, due to the larger average lot, the
provision of private active recreational space becomes a
benign issue.
Neighborhood Composition - A major goal of the Stone
Creek Concept Plan is the creation of a homogeneous
neighborhood. The intent of developer is to provide a
variety of lot sizes ranging from 15,000 to 135,000
square feet in designated single - family areas and twin
home lots of 7,500 square feet excluding common open
space. 7.58 acres of wetland preserve, common open
space, public park and trails have been knitted into the
fabric of the development to provide a sense of
neighborhood continuity.
4
Lot Coverage - The proposal does not anticipate that any
structure will exceed 20% lot coverage.
COMPREHENSIVE PLAN
Land Use - The property is guided L.A. -1. The proposed
mixed residential use at a density of 1.78 units per acre
does not require a guide plan change.
Comprehensive Storm Drainage - In accordance with the
City's Comprehensive Storm Drainage Plan, the proposed
plan provides for 50 acres of storm water storage in the
eastern portion of the site (Pond BC -P2). This area is
proposed to be retained in its natural state. In
addition, other low areas on the site are proposed to be
retained and enhanced for additional storm water storage.
The 30" pipe from point 3 to 4 and the 36" pipe from
point 14 to Pond BC -P2 as shown in the Comprehensive Plan
will be constructed as part of this project. It is
proposed to use the wetland in the southeastern corner of
the site to replace the 42" pipe shown from Point 9 to
Point 10 in the Comprehensive Plan.
PUBLIC IMPROVEMENT
Traffic Circulation
Access to the project will be by the existing public
streets bordering the site, County Road 124 to the south,
County Road #101 to the west and Medina Road to the
north. The City's thoroughfare guide plans has County
Road #24 and County Road #101 classified as minor
arterials, with ultimate traffic volumes of 12,000 and
5,700 respectively. Medina Road is a major collector
with a projected volume of 4,000 vehicles per day.
Traffic within the site will be conveyed by standard
residential streets which will be built to a 7 -ton design
and upon acceptance, dedicated to the City. Landscaped
islands are proposed for all entrances and cul -de -sacs.
The landscaping will be maintained by the Country Homes
Association with a perpetual maintenance fund set up by
the developer.
The 138 residential units are anticipated to generate 996
trips per day based on 8.4 trips per day for the detached
units and six trips per day for the Country Homes.
5
0
utilities
The City is currently designing the trunk sanitary sewer,
storm sewer and water main systems needed to serve the
majority of the site. The proposed alignments for these
utilities are delineated on the Utility Plan. The
remaining utilities and the streets will be built by the
developer and converted to the City upon acceptance.
Storm drainage will be conveyed through a series of storm
sewer pipes and ponds. The cul -de -sac in the southeast
corner of the site will be served by extending the
sanitary sewer and water main from the south side of
County Road #24. The casing lines for these will jacked
under the road to avoid damaging the pavement.
6
Planning Commission Minutes
June 26, 1990
Page 102
1 Call Vote. 1 Ayes. Commissioners Wire, Zylla, Tierney
and irman Plufka Nay. MOTION failed.
MOTION by Co sioner Zylla, seconded by Commissioner Wire,
to amend the main tion by adding a condition stating that
the owner shall be re nsible for the maintenance of Outlot
E.
Roll Call Vote. 5 Ayes. MOTION ICa jed.
Commissioner Zylla stated that the stree ames should be
looked at.
Coordinator Dillerud responded that street naming is at
the time of the Final Plan by the Building Official.
Roll Call Vote on main motion. 5 Ayes. MOTION carried.
Chairman Plufka called for a 10 minute recess at 9:30 p.m.
Chairman Plufka reconvened the meeting at 9:40 p.m.
Chairman Plufka introduced the request by Craig Scherber for
an RPUD Concept Plan, Preliminary Plan /Plat /Conditional Use
Dermit and Rezoning for property located at the northeast
orner of County Road 24 and County Road 101.
Coordinator Dillerud gave an overview of the June 21, 1990,
staff report.
Chairman Plufka introduced Tom Loucks, representing the
petitioner.
Mr. Loucks stated that the proposed site contains a
substantial amount of open space (30 percent) consisting of
much park, wetland, and ponding areas. He stated that the
twinhomes will aesthetically combine well with the single
family neighborhood. Mr. Loucks emphasized that the
transition between the twinhomes and single family homes
meets the Zoning Ordinance guidelines. He stated that there
is a 100 foot distance between the residents of Hans Hagen's
development and Craig Scherber's development with a trail
and extensive screening buffering between the two
developments.
Chairman Plufka asked Mr. Loucks how much open space is
dedicated to the City above the 100 Year Water Elevation.
Mr. Loucks responded 5.23 acres, all of which is in the park
area.
VOTE - MOTION FAILED
MOTION TO AMEND
VOTE - MOTION CARRIED
MAIN MOTION
CRAIG SCHERBER (90037)
Planning Commission Minutes
June 26, 1990
Page 103
4 ^ hairman Plufka introduced Kathleen Burk, representing the
petitioner.
Ms. Burk stated she is a representative of County Home
Builders which will be the builders for the proposed
twinhomes. Ms. Burk stated their market is centered at
people aged 55 years or older and families with no children.
She stated that the Country Homes concept is a hybrid
between the single family homes and the twinhomes. She
stated each Country Home will be between 1,400 to 3,300
square feet. Ms. Burk gave a slide presentation of the
Country Homes.
Chairman Plufka asked Ms. Burk if there will be one common
open space area.
Ms. Burk responded that there will be 10 feet of private
yard around the structure and the balance is owned by the
Homeowner's Association.
Commissioner Marofsky asked Ms. Burk if, by law, County Home
Builders must sell to families with children if the family
so desired to purchase the twinhome.
Ms. Burk responded affirmatively.
hairman Plufka opened the Public Hearing.
Chairman Plufka introduced Joe Domagala of 17705 County Road
24.
Mr. Domagala stated he was concerned the City of Plymouth
has gone through degradation of standards. He stated that
the setbacks and lot sizes are too low. Mr. Domagala stated
he was not against the proposal in whole, and did not favor
the proposed twinhomes. He stated the whole development
should be single family units.
Chairman Plufka introduced John Grigg of 3180 Queensland
Lane North.
Mr. Grigg submitted a petition to the Planning Commission in
opposition. Chairman Plufka noted the Planning Commission's
receipt of such a petition. Mr. Grigg stated he was in
opposition of the proposed twinhomes.
Chairman Plufka introduced Michael Halbach of 3185 Kimberly
Lane North.
Mr. Halbach stated he was concerned about the addition of
landscaping between his property and Craig Scherber's
evelopment. He stated he was in opposition of the proposed
cwinhomes.
Planning Commission Minutes
June 26, 1990
Page 104
hairman Plufka introduced Steve Jacobitz of 3520 Urbandale
Lane North.
Mr. Jacobitz stated he is in opposition of the proposed
twinhomes. He stated the nature of the existing development
is single family homes. He stated he is concerned with the
Sunday morning traffic of County Road 101 for the proposed
church site.
Chairman Plufka introduced Mary Leuer of 17435 Medina Road.
Ms. Leuer stated she would like to keep access from her
property to Medina Road.
Chairman Plufka introduced Wayne Menge of 3190 Kimberly Lane
North.
Mr. Menge stated he is in opposition of the proposed
twinhomes. He stated the twinhomes will devalue the
properties of the single family homes. He stated that he
was also concerned about the density.
Chairman Plufka introduced Peter Perrine of 18010 31st
Avenue North.
Mr. Perrine stated he is in opposition of the proposed
winhomes.
Chairman Plufka introduced Jim Stavros of 17430 County Road
24.
Mr. Stavros stated he was in opposition of the proposed
twinhomes.
Chairman Plufka introduced Duane Hibben of 3170 Queensland
Lane North.
Mr. Hibben stated he was in opposition of the proposed
twinhomes. Mr. Hibben asked Mr. Loucks what the value of
the proposed homes would be.
Mr. Loucks responded $172,000 to $250,000 for the single
family homes and $140,000 for the twinhomes.
Mr. Hibben asked staff what guarantee is there for a time
line to finish the project.
Coordinator Dillerud responded that the development of the
homes is not guaranteed, but completion of public
improvements on the site is.
hairman Plufka introduced Nancy Speaker of 3180 Queensland
Lane North.
Planning Commission Minutes
June 26, 1990
Page 105
Ms. Speaker stated she was concerned that the twinhomes will
eventually turn into rental units.
Mr. Loucks stated that the Homeowner's Association documents
would preclude the twinhomes from becoming rental units.
Chairman Plufka closed the Public Hearing.
Commissioner Stulberg asked Mr. Loucks to address the PUD
attributes.
Mr. Loucks responded that there is much passive open space
and that the wildlife will not be affected by the
development.
Commissioner Marofsky asked Mr. Loucks if.they have provided
any recreational facilities.
Mr. Loucks responded negatively.
Chairman Plufka asked where they plan to provide public
active space for the single family residents.
Mr. Loucks responded that most of the lots are over 18,500
square feet. With 600 feet of neighborhood park frontage,
he feels they have dedicated much park.
MOTION by Commissioner Stulberg, seconded by Chairman Plufka
to recommend denial of the request by Craig Scherber for an
RPUD Concept Plan for property located at the northeast
corner of County Road 24 and County Road 101, based on the
finding that the proposed plan fails to meet Condition 4 of
the PUD Attributes.
Commissioner Stulberg stated he was not opposed of the mixed
use and lot size.
MOTION by Commissioner Marofsky, seconded by Commissioner
Wire, to amend the main motion by adding staff's
recommendations from the staff report of June 21, 1990, with
the finding of the main motion becoming number one.
Roll Call Vote. 5 Ayes. Commissioner Stulberg, Nay.
MOTION carried.
Roll Call Vote on main motion. 6 Ayes. MOTION carried.
Commissioner Zylla stated he was not in support of the
twinhomes anywhere on the site.
Commissioner Wire stated he feels the petitioner has not
adequately buffered the twinhomes from the single family
homes.
MOTION TO DENY
MOTION TO AMEND
VOTE - MOTION CARRIED
VOTE - MAIN MOTION
CARRIED
Planning Commission Minutes
June 26, 1990
Page 108
oreland Recreation Facilities resulted from the City
it deliberation of that Zoning Ordinance variance
action.
MOTION by issioner Wire, seconded by Commissioner
Tierney, to reco nd approval of the Zoning Ordinance Text
Amendment No. 2 conc ing Residential Facilities.
Roll Call Vote. 6 Ayes. 116 ;ON carried.
MOTION by Commissioner Wire, sec on by Commissioner Zylla,
to recommend approval of the Zoning 0 'nance Text Amendment
No. 3 concerning Shoreland Private Recrea ' n Facilities.
Roll Call Vote. 3 Ayes. Commissioner Tierney a Chairman
Plufka Nay. Commissioner Marofsky abstained. MOTION
carried.
MOTION by Commissioner Wire, seconded by Commissioner
Marofsky, to recommend approval of Zoning Ordinance Text
Amendment No. 5 concerning Private Streets.
Roll Call Vote. 6 Ayes. MOTION carried.
Mr. Loucks asked the Planning Commission to have the
proposal by Craig Scherber put back on the table for
A scussion in order to ask for a deferral.
MOTION by Commissioner Stulberg, seconded by Commissioner
Tierney, to reopen the Public Hearing for Craig Scherber.
Roll Call Vote. 3 Ayes. Commissioners Marofsky, Stulberg,
and Chairman Plufka Nay. MOTION failed.
Chairman Plufka adjourned the meeting at 12:10 a.m.
MOTION TO APPROVE - TEXT
AMENDMENT NO. 2
VOTE - MOTION CARRIED
MOTION TO APPROVE - TEXT
AMENDMENT NO. 3
VOTE - MOTION CARRIED
MOTION TO APPROVE - TEXT
MENDMENT NO. 5
VOTE - MOAN CARRIED
MOTION TO REOPEN THE
PUBLIC HEARING FOR CRAIG
SCHERBER (90037)
VOTE - MOTION FAILED
goo
SEP
CITY OF
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CITY OF PLYMOUTH
ENGINEER'S MEMO
to
PLANNING COMMISSION AND COUNCIL MEMBERS
DATE: September 10, 1990
FILE NO.: 90037
PETITIONER: Mr. Craig Scherber, Craig Scherber and Associates, 11415 Valley Drive,
Rogers, MN 55375
CONCEPT PLAN: STONE CREEK
LOCATION: North of Country Road 24, east of County Road 101, south of Medina Road
in the northeast 1/4 of Section 19.
This memo was prepared in response to the revised RPUD Concept Plan.
1) Our assessment records indicate that this property has not been assessed for
sanitary sewer area charges or watermain area charges.
2) The developer shall be responsible for one -half the cost of a 36' wide 7 ton
street with concrete curb and gutter for Medina Road City Project No. 010, and
for watermain lateral assessments for City Project No. 906 and storm sewer
assessments for Project No. 016.
3) The City will require utility and drainage easements 10' feet in width adjoining
all streets and 6' in width adjoining the side and rear lot lines.
4) The City will require 10' utility and drainage easements on each side of a
public utility where these utilities are proposed to be installed.
5) The developer will be responsible for the construction of necessary watermain,
sanitary sewer, storm sewer and streets that serve the site.
6) The City will require a final plan and profile of proposed sanitary sewer,
watermain, street and storm sewer, plus an erosion control plan in accordance
with our Engineering Guidelines.
7) The City will require a storm drainage plan showing proposed contours indicating
how the proposed plat will ultimately drain.
8) A storm water drainage map with runoff calculations and pipe capacity
calculations shall be furnished to the City prior to final approval of the storm
sewer system.
9) The Final Plat shall include a drainage easement for ponding to the 100 year
high water elevation of 994.2 for Pond BC -P2 and to the 100 year elevation to be
determined by the developer's engineer for all of the ponds on site.
10) Permits must be obtained from DNR, Hennepin County, MPCA, State Health
Department, Bassett Creek, Army Corps of Engineers prior to any grading.
ENGINEERING MEMO - CONCEPT PLAN
Page Two
11) An additional 10' of right -of -way will be required on County Road 24, making the
total distance from centerline 50' and an additional 17' of right -of -way will be
required on County Road 101, making a total distance from centerline 50'. Also
a triangle with 20' legs along the new right -of -way line at the southwest corner
of the plat will be required to accommodate a free right turn lane for west to
north movement from CSAH 24 to CSAH 101.
12) The developer shall petition the City for the construction of Medina Road,
Project No. 010.
13) Driveway access to County Road 24, County Road 101 and Medina Road will not be
allowed.
14) The alignment of 34th Avenue shall be verified that it lines up with the
proposed street on the west side of County Road 101.
15) The developer's surveyor shall confirm that the alignment of 33rd Avenue and
Stone Creek matches the alignment in Seven Ponds 2nd Addition.
16) A contract must be awarded for Sanitary Sewer Project No. 014 prior to a Final
Plat being approved by the City Council.
17) A contract for Pond BC -Pl, Project No. 016, must be awarded prior to Final Plat
approval, along with the contract for Median Road, Project No. 010.
SUBMITTED BY:..t' - u
Daniel L. Faulkner, P.E.
City Engineer
6.60
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION STAFF REPORT
REPORT DATE: September 7, 1990 COMMISSION MEETING DATE: September 12,
1990
FILE NO.: 90066
PETITIONER: Laukka - Williams Parkers Lake
REQUEST: Mixed Planned Unit Development Final Plat /Final Site Plan
for "Parkers Lake North 6th Addition"
LOCATION: Northwest corner of 18th Avenue North and Shenandoah Lane
GUIDE PLAN CLASS: LA -2 (Low Medium Density Residential)
ZONING: MPUD 83 -1
BACKGROUND:
The MPUD Concept Plan for the overall Parkers Lake Development was approved by
the City Council on March 21, 1983, by Resolution 83 -134, and included a total
of 425 acres. The approved Concept Plan consisted of residential,
neighborhood commercial, and industrial land uses. The MPUD Preliminary
Plan /Plat for Parkers Lake Development Stage B (Parkers Lake North) was
approved on May 21, 1984, by Resolution 84 -323.
A revised MPUD Preliminary Plan /Plat and Conditional Use Permit for the
overall Parkers Lake North was approved on March 16, 1987 by Resolution 87-
176. The current approved PUD Plan calls for a maximum of 1,147 dwelling
units, an approximate 5 acre commercial site, and approximately 52 acres of
industrial property.
The approved MPUD Plan created 12 "areas" of development, public park, and
public trailways. While the maximum dwelling unit count of 1,147 units was
approved, the dwelling units were not shown as specific types because the
applicant requested the design flexibility as market dictated and only density
ranges were approved for each of the residential areas. The midpoints of the
density ranges equals the maximum dwelling unit count of 1,147 and as areas
develop the density ranges and midpoints are adjusted accordingly so as not to
exceeds the maximum building unit count of 1,147.
On May 7, 1990 the City Council, by Resolution 90 -291, approved an MPUD
Preliminary Plat /Plan and Conditional Use Permit together with subdivision
ordinance variances for a 56 unit (7 buildings) townhouse project on the
subject site. The approval action was subject to 19 conditions. The
subdivision ordinance
see next page)
File 90066
Page Two
variance was to create lots without frontage on a public street and to create
lots with less than 30 feet width at the rear property line.
This application is for a MPUD Final Plat and Final Site Plan for the 56 unit
townhouse project for which a PUD Preliminary Plat was approved.
PRIMARY ISSUES AND ANALYSIS:
1. The Plymouth Zoning Ordinance in Section 9, Subdivision 6, provides that
the PUD Final Plat and Site Plan shall be in substantial compliance with
the approved Preliminary Site Plan and Plat. Substantial compliance for a
residential project means the number of residential living units has not
been increased; open space has not been decreased or altered to change its
original intended design or use; and, all special conditions prescribed in
the Preliminary Site Plan and Plat by the City Council have been
incorporated into the Final Site Plan and Plat.
2. The Site Plan meets all standards of the Zoning Ordinance and other City
Codes, ordinances, and policies related to site design in this zoning
district. Specifically, landscaping is consistent with the Landscape
Policy (except as noted below` with respect to seeding); setbacks are
consistent with the Zoning Ordinance or the approved PUD Plan
specifications; trash is to be handled on an individual basis within
principal structures; no outdoor lighting or parking areas as proposed; no
rooftop units are proposed; offstreet parking is consistent with ordinance
standards; and internal driveways and related improvements are consistent
within City Engineering standards.
3. The architectural appearance of the structures will be of two -story wood
frame design similar to existing townhouse structures in the immediate
neighborhood. The substantially varied roof lines will provide a
interesting architectural appearance consistent with the architectural
theme already established with the Parkers Lake North development.
4. The applicant proposes by the Landscape Plan to seed substantial areas of
the Shenandoah Lane and 18th Avenue North setback with "prairie mix seed"
in a manner similar to the native prairie grass planting program along
Vicksburg Lane near the intersection with County Road 6. The applicant
also proposes to seed the setback area to the north as well as the median
provided in the temporary cul -de -sac on the north end of Shenandoah Court
with blended turf grass, rather than sod as provided for by the
Landscaping Policy.
5. No plans for project signage have been submitted and therefore no Master
Sign Plan has been reviewed or can be approved concurrent with this
application.
see next page)
File 90066
Page Three
PLANNING STAFF COMMENTS:
1. The MPUD Final Site Plan meets PUD ordinance standards with respect to
compliance with the approved Preliminary Plan for the number of dwelling
units and the amount of open space provided. The plan also responds to
those special conditions of the Preliminary Plan /Plat approval resolution
that applied. The MPUD Final Site Plan meets the standards of the Zoning
Ordinance and other related codes and ordinances except with respect to
the proposal to seed.
2. No Master Sign Plan has been submitted, and therefore all project should
be approved.
3. The Landscape Plan accompanying the Final Site Plan provides for seeding
along the frontage of 18th Avenue North and Shenandoah Lane; the setback
areas on the north periphery of the project; and the median area for the
temporary cul -de -sac. We find sodding of these areas to be more
appropriate and consistent with the Landscape Policy.
4. The RPUD Final Plat meets the standards of the Subdivision Ordinance,
including the variances granted during the review of the Preliminary Plat
and Plan.
5. Park dedication requirements were satisfied for this property in earlier
actions.
RECOMMENDATION:
I hereby recommend adoption of the attached draft resolutions providing for
the approval of the MPUD Final Site Plan and Final Plat for " Parkers Lake
North 6th Addition" subject to the standard conditions for such approval
recommendations and a condition requiring sodding rather than seeding of
street frontage An , setback arms ,
Submitted by: \ /
Char es E. Dilleru , Community Development Coordinator
ATTACHMENTS:
1. Resolution Approving RPUD Final Site Plan
2. Resolution Approving Final Plat for Parkers Lake North 6th Addition
3. Resolution Setting Conditions Prior to Recording
4. Engineer's Memorandum
5. Resolution 90 -291 Approving the RPUD Preliminary Plan and Plat
6. Location Map
7. Large Plans
pc /cd /90066:jw)
APPROVING RPUD'FINAL SITE PLAN FOR LAUKKA= WILLIAMS PARKERS LAKE FOR " PARKERS
LAKE NORTH 6TH ADDITION" (90066) (MPUD 83 -1)
WHEREAS, Laukka- Williams Parkers Lake has requested approval for an RPUD Final
Site Plan for "Parkers Lake North 6th Addition" for a 56 unit townhouse
project located at the northwest corner of 18th Avenue North and Shenandoah
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
Laukka- Williams Parkers Lake for an RPUD Final Site Plan for "Parkers Lake
North 6th Addition" for a 56 unit townhouse project located at the northwest
corner of 18th Avenue North and Shenandoah Lane; subject to the following
conditions:
1. Compliance with the City Engineer's Memorandum.
2. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures on sites adjacent to, or containing any open storm
water drainage facility.
3. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements, including improvements to outlots and
landscaping. Completion of site improvements shall be by October 31, 1991
and winter survivability of landscape materials by June 1, 1992.
4. No signage is approved.
5. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
7. All waste and waste containers shall be stored within the principal
structures, and no outside storage is permitted.
8. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement bonds per City Policy.
9. No building permit to be issued until the Final Plat is filed and recorded
with Hennepin County.
10. Compliance with City Council Resolution 89 -439 regarding tree
preservation, as applicable.
APPROVING FINAL PLAT FOR LAUKKA - WILLIAMS PARKERS LAKE FOR " PARKERS LAKE NORTH
6TH ADDITION (90066) (MPUD 83 -1)
WHEREAS, Laukka - Williams Parkers Lake has requested approval of a Final Plat
for "Parkers Lake North 6th Addition" for a 56 unit townhouse project located
at the northwest corner of 18th Avenue North and Shenandoah Lane; and,
WHEREAS, the Planning Commission has reviewed said request and recommends
approval; and,
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat for
Laukka- Williams Parkers Lake for "Parkers Lake North 6th Addition" for a 56
unit townhouse project located at the northwest corner of 18th Avenue North
and Shenandoah Lane.
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR
LAUKKA- WILLIAMS PARKERS LAKE FOR " PARKERS LAKE NORTH 6TH ADDITION" (90066)
MPUD 83 -1)
WHEREAS, the City Council has approved the Final Plat for Laukka - Williams
Parkers Lake for " Parkers Lake North 6th Addition" located at the northwest
corner of 18th Avenue North and Shenandoah Lane;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the following
conditions to be met, prior to recording of, and related to said plat:
1. Compliance with the City Engineer's Memorandum.
2. The Ordinance rezoning the property shall be published upon evidence that
the Final Plat has been filed and recorded with Hennepin County.
3. Removal of all dead or dying trees from the property at the owner's
expense.
4. Compliance with Policy Resolution 79 -80 regarding minimum floor elevations
for new structures in subdivisions adjacent to, or containing any open
storm water drainage facility.
5. No yard setback variances are granted or implied.
6. Submittal of required utility and drainage easements as approved by the
City Engineer prior to filing the Final Plat.
7. No building permits to be issued until the Final Plat is filed and
recorded with Hennepin County
8. Appropriate legal documents regarding Homeowner Association covenants and
restrictions, as approved by the City Attorney, shall be filed with the
Final Plat.
9. The Final Plat mylars shall contain a statement noting that the plat is
part of the approved MPUD 83 -1 per Section 9 of the Zoning Ordinance.
10. The Grading and Site Plan shall be modified to include snow fence to
define grading limits along the entire west property line with the intent
to preserve existing trees beyond the area designated for grading.
1. • y
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Plymouth, Minnesota, was held on the 7th day
of May , 1990 The following members were present:
Mayor Bergman Councilmembers Helliwell, Ricker, Vasiliou, and Zitur
The following members were absent: None
Councilmember Vasiliou introduced the following Resolution and
moved its adoption:
RESOLUTION 90- 291
APPROVING MIXED USE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN /PLAT,
CONDITIONAL USE PERMIT, AND SUBDIVISION ORDINANCE VARIANCES FOR LAUKKA-
WILLIAMS PARKERS LAKE (90014) (MPUD 83 -1)
WHEREAS, Laukka- Williams Parkers Lake has requested approval for a Mixed Use
Planned Unit Development Preliminary Plan /Plat, Conditional Use Permit, and
Subdivision Ordinance variances for Parkers Lake Development Stage B to be
known as Parkers Lake North 6th Addition located at the-northwest corner of
18th Avenue North and Shenandoah Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called
Public Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by
Laukka- Williams Parkers Lake for a Mixed Use Planned Unit Development
Preliminary Plan /Plat, Conditional Use Permit, and Subdivision Ordinance
variances for Parkers Lake North 6th Addition located at the northwest corner
of 18th Avenue North and Shenandoah Lane, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum. The proposal by the
developer to include center islands /medians at two locations within this
site be approved (delete Item 24F of the City Engineer's Memorandum) if
the Public Safety Director and the Risk Management Coordinator conclude
they do not create a public safety risk.
2. 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.
3. Submission of required financial guarantee and Site Performance Agreement
for completion of site improvements.
4. Any signage shall be in compliance with the PUD Master Sign Plan.
5. Any subsequent phases or expansions are subject to required reviews and
approvals per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants and
fire lanes.
see next page)
Resolution No. 90 -291
File 90014
Page Two
7. All waste and waste containers shall be stored within the principal
structures, and no outside storage is permitted.
8. An 8k x 11 inch "As Built" Fire Protection Plan shall be submitted prior
to the release or reduction of any site improvement bonds per City Policy.
9. No building permit to be issued until the Final Plat is filed and recorded
with Hennepin County.
10. Development shall comply with applicable requirements of Resolutions 84-
14, 84 -323, 87 -176, and 87 -337, and the executed Development Contract for
Parkers Lake Development - Stage B: Parkers Lake North.
11. Development shall comply with the approved Environmental Impact Statement
and related permits.
12. Variances from the standards of the Plymouth City Code, Section 500.21,
Subdivision 4 and 5 are approved with respect to each lot requiring
frontage on a public street and each lot at least 30 feet in width at the
rear lot line based on the findings that the PUD design of this plat
presents special circumstances; the variance is necessary to preserve a
substantial property right of the applicant; and the granting of the
variance will not be detrimental to other property. The variances are
subject to the following condition:
a. Lot width at the rear property line shall not be less than 28 feet.
13. A Class I public trail shall be constructed to City specifications along
the west side of Shenandoah Lane. The developer is responsible for the
cost to construct an 8 -foot wide trail and no credit is applied toward
park dedication requirements.
14. All park dedication requirements have been satisfied with prior
Development Contracts for the Parkers Lake North MPUD.
15. The PUD Preliminary Plan and Conditional Use Permit hereby approved is for
56 dwelling units on the 6.97 acre southern portion of " Outlot J." The
balance of " Outlot J" is Outlot A of the proposed Preliminary Plat. No
development of proposed Outlot A is hereby approved. The density range
remaining for future development of Outlot A is 69 -115 units.
16. The total numerical midpoints of the density in all area must equal 1,147
units. If a final plat is developed above or below the midpoint of a
density range included in approved PUD Preliminary Plat, then the density
ranges in other areas must be changed so that the density of the land
platted, plus the midpoint of all other areas, equals the maximum number
allowed - -1,147 units. With each application for residential plan /plat
approval, the petitioner shall submit an accounting of the number of units
remaining, by the area, along with the number of units that have been
see next page)
f
Resolution No. 90 -291
File 90014
Page Three
developed. Any reduction or increase in the number of units from the
established range and maximum number of units, shall require an amendment
to the Planned Unit Development. Similarly, each final plat request shall
include a status report stating the level of sanitary sewer demand for all
areas developed to date, and the balance of capacity remaining in this
PUD.
17. The construction of the storm water drainage pond referred to by Item 24.A
of the Engineer's Memo be deferred until later stages of Outlot J
development except to the extent required to service existing development
draining to that pond, including that proposed by this application.
18. The Plat shall be amended to provide that all individual property lines
coincide with street setback lines proposed.
19. The Homeowner's Association documents filed with this phase shall include
reference to the maintenance of any approved medians and the remainder of
Outlot J (labeled Outlot A within the Preliminary Plat).
The motion for adoption of the foregoing Resolution was duly seconded
by C-minrilmember Zitur , and upon vote being taken thereon,
the following voted in favor thereof: Mayor Bergman, Councilmembers
Helliwell, Ricker, Vasiliou, and Zitur
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
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City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: September 10, 1990
FILE NO.: 90066
PETITIONER: Mr. Gary Norgaard, Laukka- Williams Parkers Lake, 15660 17th Place N.,
Plymouth, MN 55447
FINAL PLAT: PARKERS LAKE NORTH 6TH ADDITION
LOCATION: North of 18th Ave., West of Shenandoah Lane in the Northwest 1/4 of
Section 28
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. _ X SAC and REC charges will be payable at the time building permits
are issued. These are in addition to the assessments shown in No.
1 and No. 2.
Area charges are subject to change periodically as they are
reviewed annually on January 1. The rate assessed would be that
in effect at the time of final plat approval.
4. Area assessments: Watermain area assessments based on 56 units x
S790 /unit 544,240. Sanitary sewer area based on 56 units x
440 /unit S24,640.
5. Other additional assessments estimated:
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 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.) Will comply with the filing of the Final Plat of
Parkers Lake North 6th Addition with Hennepin County,
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. Will comply with the filing of the Final Plat of Parkers
Lake North 6th Addition with Hennepin County,
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. The City Council
authorized the vacation of the blanket drainage and utility
easements on August 6, 1990,
11. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application -
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order
that he may file the required easements referred to above.
2-
it
N/A Yes No
12. X Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the
City grid system for street names. The following changes will be
necessary.
13. XX 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. XX 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
N/A Yes No
16. XX Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be
responsible for constructing the necessary sanitary sewer, water,
storm sewer and streets needed to serve this plat. A registered
professional engineer must. prepare the plans and profiles of the
proposed sanitary sewer, watermain, storm sewer facilities and
streets to serve the development.
3 -
N/A Yes No
17. _ X Final utility plans submitted comply with all City requirements -
The developer has submitted the required construction plans for
the proposed sanitary sewer, watermain and storm sewer facilities;
and has also furnished profiles of these utilities as well as the
proposed street system (public and private).
18. X — Per developer's request final plans will be prepared by the City.
If it is their desire to have the City construct these facilities
as part of its Capital Improvements Program, a petition must be
submitted to the City. The cutoff date for petitions is October 1
of the year preceding construction, if the developer is paying
100% of the cost.
19. _ X Minimum basement elevations -
Minimum basement elevations must be established for the following
lots. As shown on the grading drainage, and Erosion Control
Plan,
20. _ XX The construction plans conform to the City's adopted Comprehensive
Water Distribution Plan -
The following revisions will be required:
21. _ X _ The construction plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4 -
N/A Yes No
22. _ X It will be necessary to contact Bob Fasching, the City's public
utility foreman, 24 hours in advance of making any proposed
utility connections to the City's sanitary sewer and water
systems. The developer shall also be responsible for contacting
Jim Kolstad of the Public Works Department for an excavating
permit prior to any digging within the City right -of -way. All
water connections shall be via wet taR.
N/A Yes No
23. _ X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted
to the City's consulting engineer for review to see if it is in
conformance with the City's Comprehensive Storm Drainage Plan.
All of their recommendations shall be incorporated in a revised
plan. The grading and drainage plan shall also indicate proposed
methods of erosion control, including the placement of silt fence
in strategic locations. Additionally, the following revisions
will be necessary:
24. A. The detail sheets used in the specification are out of date. These shall be
replaced with the revised details in the Engineering Guidelines dated March,
1990.
B. All services shall be private from the mainline in Shenandoah Court to each
unit and will be the responsibility of the homeowner's association for
maintenance and repair. It shall be noted on the construction plans.
C. The Homeowner's Association shall be responsible for the maintenance and
restoration, as needed, of the landscaping in the median divider /islands, and
in the boulevard and /or easement areas adjacent to the streets.
D. Appropriate legal documents regarding Homeowner Association documents,
covenants and restrictions as approved by the City Attorney, shall be filed
with the Final Plat. These covenants and restrictions shall include the
prohibition from placing snow from private drives onto all public street
right -of -way and cul -de -sac islands.
min
E. The width of the street with surmountable curb shall be 33 feet back to back
of curb.
F. A temporary street easement will be required for the turnaround.
G. All driveway access shall be from Shenandoah Court, no driveway access will be
permitted to 18th Avenue or Shenandoah Lane.
Submitted by:
Daniel L. Faulkner, P. E.
City Engineer
City of Plymouth
E N G I N E E R' S M E M 0
to
Planning Commission & City Council
DATE: September 10, 1990
FILE NO.: 90066
PETITIONER: Mr. Gary Norgaard, Laukka- Williams Parkers Lake, 15660 - 17th Place
North, Plymouth, MN 55447
SITE PLAN: PLANNED UNIT DEVELOPMENT PARKERS LAKE NORTH 6TH ADDITION
LOCATION: North of 18th Avenue, west of Shenandoah Lane, in the northwest 1/4
of Section 28
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 - Watermain area assessment based on 56
units x S790 per unit - S44.240. Saniatary sewer area assessment
based on 56 units x S440 per unit - S24.640.
5. Other additional assessments estimated: None.
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 Parkers
Lake North 6th Addition with Hennepin County.
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.) will co®ply with the filing of the Final Plat of
Parkers Lake North 6th Addition with Hennepin County.
g, 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. will coMply with the filing of the Final Plat of Parkers
Take North 6th Addition with Hennepin County,
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. The City Council
authorized the vacation of the blanket drainage and utility
easements on August 6. 1990.
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.
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UTILITIES AND TRAFFIC:
N/A Yes No
12. _ _ X
13. —X—
N/A Yes No
14. X _
15. — X—
16. X__
All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
MN DOT
Hennepin County
X MPCA
X State Health Department
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
Other
The developer must comply with the conditions within any permit.
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:
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.
Size and type of material proposed in utility systems has been
provided
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services
and storm sewer.
Post indicator valve - fire department connection
It will be necessary to locate the post indicator valve in such a
manner that it will not render any of the existing fire hydrants
inoperable.
3-
N/A Yes No
17. _ X _, Hydrant valves provided -
All new fire hydrants shall be valved with 6" gate valves per City
Engineering Guidelines Detail Plate No. W -2. This plate should be
referenced on the site plan.
18. _ _ X Sanitary sewer clean -outs provided -
It will be necessary to provide clean -outs on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals. Clean
outs shall be noted on the Utility Plan.
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. A section shall be provided for the private driveways
into the site.
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
Egineering Standards Manual. See Item Nos. 1. 2. 6, 7. 8. 9. 11,
12, 18, 23, 24A. 24B. 24C, and 24D.
5-
o 301114 5 DIG
27. A. A detail sheet shall be provided with the construction plans. ,
B. All services shall be private from the mainline in Shenandoah Court to each
unit and will be the responsibility of the homeowner's association for
maintenance and repair. It shall be noted on the construction plans.
C. The Homeowner's Association shall be responsible for the maintenance and
restoration, as needed, of the landscaping in the median divider /islands, and
in the boulevard and /or easement areas adjacent to the streets.
D. Appropriate legal documents regarding Homeowner Association documents,
covenants and restrictions as approved by the City Attorney, shall be filed
with the Final Plat. These covenants and restrictions shall include the
prohibition from placing snow from private drives onto all public street
right -of -way and cul -de -sac islands.
Submitted by: a,4" J
Daniel L. Faulkner, P. E.
City Engineer